1.2 relating to financing and operation of state and local government; making
1.3changes to individual income, corporate franchise, property, sales and use, estate,
1.4mineral, tobacco, local, and other taxes and tax-related provisions; modifying the
1.5property tax refund for renters; changing property tax aids and credits; modifying
1.6pension aids; providing pension funding; changing provisions of the Sustainable
1.7Forest Incentive Act; modifying definitions and distributions for property
1.8taxes; providing exemptions; modifying education aids and levies; imposing a
1.9sports memorabilia gross receipts tax; changing tax rates on tobacco; providing
1.10reimbursement for certain property tax abatements; modifying the small business
1.11investment tax credit; making changes to additions and subtractions from federal
1.12taxable income; changing rates for individuals, estates, and trusts; providing
1.13income tax credits; modifying estate tax exclusions for qualifying small business
1.14and farm property; expanding the sales tax base and reducing the sales tax
1.15rate; modifying the definition of sale and purchase; changing the tax rate and
1.16modifying provisions for the rental motor vehicle tax; providing for multiple
1.17points of use certificates; modifying exemptions; authorizing local sales taxes;
1.18authorizing economic development powers; providing authority, organization,
1.19powers, and duties for development of a Destination Medical Center; authorizing
1.20state infrastructure aid; modifying the distribution of taconite production taxes;
1.21authorizing taconite production tax bonds for grants to school districts; modifying
1.22and providing provisions for public finance; providing funding for capitol
1.23renovations; modifying the definition of market value for tax, debt, and other
1.24purposes; making conforming, policy, and technical changes to tax provisions;
1.25requiring studies and reports; appropriating money;amending Minnesota Statutes
1.262012, sections 13.4965, subdivision 3; 16A.46; 16C.03, subdivision 18; 38.18;
1.2740A.15, subdivision 2; 69.011, subdivision 1; 69.021, subdivisions 7, 8, by
1.28adding a subdivision; 88.51, subdivision 3; 103B.102, subdivision 3; 103B.245,
1.29subdivision 3; 103B.251, subdivision 8; 103B.335; 103B.3369, subdivision 5;
1.30103B.635, subdivision 2; 103B.691, subdivision 2; 103C.501, subdivision 4;
1.31103D.905, subdivisions 2, 3, 8; 103F.405, subdivision 1; 116J.8737, subdivisions
1.321, 2, 5, 7, 9, 12, by adding a subdivision; 117.025, subdivision 7; 118A.04,
1.33subdivision 3; 118A.05, subdivision 5; 123A.455, subdivision 1; 124D.11,
1.34subdivision 1; 126C.10, subdivisions 1, 27, by adding subdivisions; 126C.13,
1.35subdivision 4, by adding a subdivision; 126C.17; 126C.48, subdivision 8;
1.36127A.48, subdivision 1; 138.053; 144F.01, subdivision 4; 162.07, subdivisions
1.373, 4; 163.04, subdivision 3; 163.06, subdivision 6; 165.10, subdivision 1;
1.38168.012, subdivision 9, by adding a subdivision; 237.52, subdivision 3, by
1.39adding a subdivision; 270.077; 270.41, subdivision 5; 270B.01, subdivision
2.18; 270B.12, subdivision 4; 270C.03, subdivision 1; 270C.34, subdivision 1;
2.2270C.38, subdivision 1; 270C.42, subdivision 2; 270C.56, subdivision 1; 272.01,
2.3subdivision 2; 272.02, subdivisions 10, 97, by adding subdivisions; 272.025,
2.4subdivision 1; 272.03, subdivision 9, by adding subdivisions; 273.032; 273.11,
2.5subdivision 1; 273.114, subdivision 6; 273.117; 273.124, subdivisions 3a, 13,
2.614, 21; 273.128, by adding a subdivision; 273.13, subdivisions 21b, 23, 25;
2.7273.1315, subdivisions 1, 2; 273.1398, subdivisions 3, 4; 273.19, subdivision 1;
2.8273.372, subdivision 4; 273.39; 275.011, subdivision 1; 275.025, subdivisions 1,
2.92; 275.077, subdivision 2; 275.71, subdivision 4; 276.04, subdivision 2; 276A.01,
2.10subdivisions 10, 12, 13, 15; 276A.06, subdivision 10; 279.06, subdivision 1;
2.11279.37, subdivisions 1a, 2; 281.14; 281.17; 287.05, by adding a subdivision;
2.12287.08; 287.20, by adding a subdivision; 287.23, subdivision 1; 287.385,
2.13subdivision 7; 289A.08, subdivision 3; 289A.10, by adding a subdivision;
2.14289A.12, subdivision 14, by adding a subdivision; 289A.18, by adding a
2.15subdivision; 289A.20, subdivisions 3, 4, by adding a subdivision; 289A.26,
2.16subdivisions 3, 4, 7, 9; 289A.55, subdivision 9; 289A.60, subdivision 4; 290.01,
2.17subdivisions 6b, 19b, 19c, 19d; 290.06, subdivisions 1, 2c, 2d, by adding a
2.18subdivision; 290.0677, subdivisions 1, 1a, 2; 290.068, subdivision 1; 290.0681,
2.19subdivisions 1, 3, 4, 5, 7, 10; 290.091, subdivision 2; 290.0921, subdivisions
2.201, 3; 290.0922, subdivision 1; 290.095, subdivision 2; 290.17, subdivision 4;
2.21290.191, subdivision 5; 290.21, subdivision 4; 290.9705, subdivision 1; 290A.03,
2.22subdivision 3; 290A.04, subdivisions 2a, 4; 290A.25; 290B.04, subdivision 2;
2.23290C.02, subdivision 6; 290C.03; 290C.055; 290C.07; 291.03, subdivisions 8, 9,
2.2410, 11; 296A.01, subdivision 19; 296A.09, subdivision 2; 296A.17, subdivision
2.253; 296A.22, subdivisions 1, 3; 297A.61, subdivisions 3, 4, 10, 17a, 25, 38, 45,
2.26by adding subdivisions; 297A.62, subdivisions 1, 1a; 297A.64, subdivision
2.271; 297A.65; 297A.66, subdivisions 1, 3, by adding a subdivision; 297A.665;
2.28297A.668, by adding a subdivision; 297A.67, subdivision 7, by adding a
2.29subdivision; 297A.68, subdivisions 2, 5, 10, 42, by adding a subdivision;
2.30297A.70, subdivisions 2, 4, 5, 7, 13, 14, by adding subdivisions; 297A.71, by
2.31adding subdivisions; 297A.75, subdivisions 1, 2, 3; 297A.815, subdivision
2.323; 297A.82, subdivision 4, by adding a subdivision; 297A.99, subdivision
2.331; 297B.11; 297E.02, subdivisions 1, 6; 297E.14, subdivision 7; 297F.01,
2.34subdivisions 19, 23, by adding subdivisions; 297F.05, subdivisions 1, 3, 4, by
2.35adding subdivisions; 297F.09, subdivision 9; 297F.18, subdivision 7; 297F.24,
2.36subdivision 1; 297F.25, subdivision 1; 297G.04, subdivision 2; 297G.09,
2.37subdivision 8; 297G.17, subdivision 7; 297I.05, subdivisions 7, 11, 12; 297I.30,
2.38subdivisions 1, 2; 297I.80, subdivision 1; 298.01, subdivisions 3, 3b; 298.018;
2.39298.17; 298.227, as amended; 298.24, subdivision 1; 298.28, subdivisions 4, 6;
2.40325F.781, subdivision 1; 349.166; 353G.08, subdivision 2; 360.531; 360.66;
2.41365.025, subdivision 4; 366.095, subdivision 1; 366.27; 368.01, subdivision
2.4223; 368.47; 370.01; 373.01, subdivision 1; 373.40, subdivisions 1, 2, 4;
2.43375.167, subdivision 1; 375.18, subdivision 3; 375.555; 383A.80, subdivision 4;
2.44383B.152; 383B.245; 383B.73, subdivision 1; 383B.80, subdivision 4; 383D.41,
2.45by adding a subdivision; 383E.20; 383E.23; 385.31; 394.36, subdivision 1;
2.46398A.04, subdivision 8; 401.05, subdivision 3; 403.02, subdivision 21, by
2.47adding subdivisions; 403.06, subdivision 1a; 403.11, subdivision 1, by adding a
2.48subdivision; 410.32; 412.221, subdivision 2; 412.301; 428A.02, subdivision 1;
2.49428A.101; 428A.21; 430.102, subdivision 2; 435.19, subdivision 2, by adding a
2.50subdivision; 447.10; 450.19; 450.25; 458A.10; 458A.31, subdivision 1; 465.04;
2.51469.033, subdivision 6; 469.034, subdivision 2; 469.053, subdivisions 4, 4a, 6;
2.52469.107, subdivision 1; 469.174, subdivision 2, by adding subdivisions; 469.175,
2.53subdivision 3; 469.176, subdivisions 1b, 4b, 4c, 4m, 6, by adding a subdivision;
2.54469.1763, subdivisions 3, 4; 469.177, subdivision 1a; 469.180, subdivision 2;
2.55469.187; 469.190, by adding a subdivision; 469.206; 469.319, subdivision 4;
2.56469.340, subdivision 4; 471.24; 471.571, subdivisions 1, 2; 471.73; 473.325,
2.57subdivision 2; 473.606, subdivision 3; 473.629; 473.661, subdivision 3; 473.667,
2.58subdivision 9; 473.671; 473.711, subdivision 2a; 473F.02, subdivisions 12, 14,
3.115, 23; 473F.08, subdivision 10, by adding a subdivision; 474A.04, subdivision
3.21a; 474A.062; 474A.091, subdivision 3a; 475.521, subdivisions 1, 2, 4;
3.3475.53, subdivisions 1, 3, 4; 475.58, subdivisions 2, 3b; 475.73, subdivision 1;
3.4477A.011, subdivisions 20, 30, 32, 34, 42, by adding subdivisions; 477A.0124,
3.5subdivision 2; 477A.013, subdivisions 1, 8, 9, by adding a subdivision; 477A.03,
3.6subdivisions 2a, 2b, by adding a subdivision; 477A.11, subdivisions 3, 4, by
3.7adding subdivisions; 477A.12, subdivisions 1, 2, 3; 477A.14, subdivision 1, by
3.8adding a subdivision; 641.23; 641.24; 645.44, by adding a subdivision; Laws
3.91971, chapter 773, section 1, subdivision 2, as amended; Laws 1988, chapter 645,
3.10section 3, as amended; Laws 1993, chapter 375, article 9, section 46, subdivisions
3.112, as amended, 5, as amended; Laws 1998, chapter 389, article 8, section 43,
3.12subdivisions 1, 3, as amended, 5, as amended; Laws 1999, chapter 243, article 6,
3.13section 11; Laws 2002, chapter 377, article 3, section 25, as amended; Laws 2005,
3.14First Special Session chapter 3, article 5, section 37, subdivisions 2, 4; Laws 2006,
3.15chapter 259, article 11, section 3, as amended; Laws 2008, chapter 366, article 5,
3.16sections 26; 33; 34, as amended; article 7, section 19, subdivision 3, as amended;
3.17Laws 2010, chapter 216, sections 11; 55; Laws 2010, chapter 389, article 1,
3.18section 12; proposing coding for new law in Minnesota Statutes, chapters 116J;
3.19124D; 136A; 270C; 273; 287; 290; 295; 403; 469; 477A; repealing Minnesota
3.20Statutes 2012, sections 16A.725; 256.9658; 272.69; 273.11, subdivisions 1a,
3.2122; 275.025, subdivision 4; 276A.01, subdivision 11; 289A.60, subdivision 31;
3.22290.01, subdivision 6b; 290.0921, subdivision 7; 290.171; 290.173; 290.174;
3.23297A.61, subdivision 27; 297A.66, subdivision 4; 297A.67, subdivision
3.248; 297A.68, subdivisions 9, 22, 35; 473F.02, subdivision 13; 477A.011,
3.25subdivisions 2a, 19, 21, 29, 31, 32, 33, 36, 39, 40, 41, 42; 477A.013, subdivisions
3.2611, 12; 477A.0133; 477A.0134; Minnesota Rules, part 8130.0500, subpart 2.
3.27BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
3.30 Section 1. Minnesota Statutes 2012, section 69.021, is amended by adding a
3.31subdivision to read:
3.32 Subd. 12. Pension aid accounts. (a) $745,000 is appropriated from the general
3.33fund, in fiscal year 2015 and each year thereafter, to the commissioner of revenue for the
3.34purposes of pension aid. The commissioner shall administer the account and allocate
3.35money in the account as follows:
3.36(1) $130,065 as supplemental state pension funding paid to the executive director of
3.37the Public Employees Retirement Association for deposit in the public employees police
3.38and fire retirement fund established by section 353.65, subdivision 1;
3.39(2) $64,935 to municipalities employing firefighters with retirement coverage by the
3.40public employees police and fire retirement plan, allocated in proportion to the relationship
3.41that the preceding June 30 number of firefighters employed by each municipality who have
3.42public employees police and fire retirement plan coverage bears to the total preceding
3.43June 30 number of municipal firefighters covered by the public employees police and
3.44fire retirement plan; and
4.1(3) $550,000 for municipalities other than the municipalities receiving a
4.2disbursement under clause (2) which qualified to receive fire state aid in that calendar year,
4.3allocated in proportion to the most recent amount of fire state aid paid under subdivision 7
4.4for the municipality bears to the most recent total fire state aid for all municipalities other
4.5than the municipalities receiving a disbursement under clause (2) paid under subdivision
4.67, with the allocated amount for fire departments participating in the voluntary statewide
4.7lump-sum volunteer firefighter retirement plan paid to the executive director of the Public
4.8Employees Retirement Association for deposit in the fund established by section 353G.02,
4.9subdivision 3, and credited to the respective account and with the balance paid to the
4.10treasurer of each municipality for transmittal within 30 days of receipt to the treasurer of
4.11the applicable volunteer firefighter relief association for deposit in its special fund.
4.12(b) $1,550,00 is appropriated from the general fund in fiscal year 2015 to the
4.13commissioner of revenue for the purposes of pension aid. The commissioner shall
4.14administer the account and allocate money in the account as follows:
4.15(1) one-third to be distributed as police state aid as provided under subdivision 7a; and
4.16(2) two-thirds to be apportioned, on the basis of the number of active police officers
4.17certified for police state aid receipt under section 69.011, subdivisions 2 and 2b, between:
4.18(i) the executive director of the Public Employees Retirement Association for
4.19deposit as a supplemental state pension funding aid in the public employees police and fire
4.20retirement fund established by section 353.65, subdivision 1; and
4.21(ii) the executive director of the Minnesota State Retirement System for deposit as a
4.22supplemental state pension funding aid in the state patrol retirement fund.
4.23(c) On or before September 1, annually, the executive director of the Public
4.24Employees Retirement Association shall report to the commissioner the following:
4.25(1) the municipalities which employ firefighters with retirement coverage by the
4.26public employees police and fire retirement plan;
4.27(2) the number of firefighters with public employees police and fire retirement plan
4.28employed by each municipality;
4.29(3) the fire departments covered by the voluntary statewide lump-sum volunteer
4.30firefighter retirement plan; and
4.31(4) any other information requested by the commissioner to administer the surcharge
4.32fire pension aid account.
4.33(d) For this subdivision, (i) the number of firefighters employed by a municipality
4.34who have public employees police and fire retirement plan coverage means the number
4.35of firefighters with public employees police and fire retirement plan coverage that were
4.36employed by the municipality for not less than 30 hours per week for a minimum of six
5.1months prior to December 31 preceding the date of the payment under this section and, if
5.2the person was employed for less than the full year, prorated to the number of full months
5.3employed; and, (ii) the number of active police officers certified for police state aid receipt
5.4under section 69.011, subdivisions 2 and 2b means, for each municipality, the number of
5.5police officers meeting the definition of peace officer in section 69.011, subdivision 1,
5.6counted as provided and limited by section 69.011, subdivisions 2 and 2b.
5.7(e) The payments under this section shall be made on October 1 each year, based on
5.8the amount in the temporary fire pension aid account and the amount in the temporary
5.9police pension aid account on the preceding June 30, with interest at 1 percent for each
5.10month, or portion of a month, that the amount remains unpaid after October 1. The
5.11amounts necessary to make the payments under this subdivision are annually appropriated
5.12to the commissioner from the temporary fire and police pension aid accounts. Any
5.13necessary adjustments shall be made to subsequent payments.
5.14(f) The provisions of this chapter that prevent municipalities and relief associations
5.15from being eligible for, or receiving state aid under this chapter until the applicable
5.16financial reporting requirements have been complied with, apply to the amounts payable
5.17to municipalities and relief associations under this subdivision.
5.18(g) The appropriations in paragraphs (a) and (b) end on (i) December 31, 2020, or
5.19(ii), if earlier, on the December 31 next following the actuarial valuation date on which the
5.20assets of the retirement plan on a market value equals or exceeds 90 percent of the total
5.21actuarial accrued liabilities of the retirement plan as disclosed in an actuarial valuation
5.22prepared under Minnesota Statutes, section 356.215, and the Standards for Actuarial Work
5.23promulgated by the Legislative Commission on Pensions and Retirement, for the State
5.24Patrol retirement plan or the public employees police and fire retirement plan, whichever
5.25occurs last.
5.26(h) The base for fiscal year 2016 and thereafter under paragraph (a) is $7,450,000
5.27and the distribution in clauses (1) to (3) are adjusted accordingly. The base for fiscal year
5.282016 and thereafter, under paragraph (b), is $15,500,000.
5.29EFFECTIVE DATE.This section is effective beginning in the fiscal year beginning
5.30July 1, 2014.
5.31 Sec. 2. Minnesota Statutes 2012, section 477A.011, subdivision 30, is amended to read:
5.32 Subd. 30.
Pre-1940 housing percentage. (a) Except as provided in paragraph (b),
5.33"pre-1940 housing percentage" for a city is 100 times the most recent
federal census count
5.34by the United States Bureau of the Census of all housing units in the city built before
6.11940, divided by the total number of all housing units in the city. Housing units includes
6.2both occupied and vacant housing units as defined by the federal census.
6.3(b) For the city of East Grand Forks only, "pre-1940 housing percentage" is equal
6.4to 100 times the 1990 federal census count of all housing units in the city built before
6.51940, divided by the most recent counts by the United States Bureau of the Census of all
6.6housing units in the city. Housing units includes both occupied and vacant housing units
6.7as defined by the federal census.
6.8EFFECTIVE DATE.This section is effective for aids payable in calendar year
6.92014 and thereafter.
6.10 Sec. 3. Minnesota Statutes 2012, section 477A.011, is amended by adding a
6.11subdivision to read:
6.12 Subd. 30a. Percent of housing built between 1940 and 1970. "Percent of housing
6.13built between 1940 and 1970" is equal to 100 times the most recent count by the United
6.14States Bureau of the Census of all housing units in the city built after 1939 but before
6.151970, divided by the total number of all housing units in the city. Housing units includes
6.16both occupied and vacant housing units as defined by the federal census.
6.17EFFECTIVE DATE.This section is effective for aids payable in calendar year
6.182014 and thereafter.
6.19 Sec. 4. Minnesota Statutes 2012, section 477A.011, subdivision 34, is amended to read:
6.20 Subd. 34.
City revenue need. (a) For a city with a population equal to or greater
6.21than
2,500 10,000, "city revenue need" is
the greater of 285 or 1.15 times the sum of (1)
6.225.0734098 4.59 times the pre-1940 housing percentage; plus (2)
19.141678 times the
6.23population decline percentage 0.622 times the percent of housing built between 1940 and
6.241970; plus (3)
2504.06334 times the road accidents factor 169.415 times the jobs per
6.25capita; plus (4)
355.0547; minus (5) the metropolitan area factor; minus (6) 49.10638
6.26times the household size the sparsity adjustment, plus (5) 307.664.
6.27 (b) For a city with a population equal to or greater than 2,500 and less than 10,000,
6.28"city revenue need" is 1.15 times the sum of (1) 572.62; plus (2) 5.026 times the pre-1940
6.29housing percentage; minus (3) 53.768 times household size; plus (4) 14.022 times peak
6.30population decline.
6.31 (b) (c) For a city with a population less than 2,500, "city revenue need" is the sum of
6.32(1)
2.387 times the pre-1940 housing percentage; plus (2) 2.67591 times the commercial
6.33industrial percentage; plus (3) 3.16042 times the population decline percentage; plus (4)
7.11.206 times the transformed population; minus (5)
62.772 410 plus 0.367 times the city's
7.2population over 100. The city revenue need under this paragraph shall not exceed 630.
7.3 (c) (d) For a city with a population of
at least 2,500
or more and a population in one
7.4of the most recently available five years that was less than 2,500, "city revenue need"
7.5is the sum of (1) its city revenue need calculated under paragraph (a) multiplied by its
7.6transition factor; plus (2) its city revenue need calculated under the formula in paragraph
7.7(b) multiplied by the difference between one and its transition factor. For purposes of this
7.8paragraph, a city's "transition factor" is equal to 0.2 multiplied by the number of years that
7.9the city's population estimate has been 2,500 or more. This provision only applies for aids
7.10payable in calendar years 2006 to 2008 to cities with a 2002 population of less than 2,500.
7.11It applies to any city for aids payable in 2009 and thereafter but less than 3,000, the "city
7.12revenue need" equals (1) the transition factor times the city's revenue need calculated in
7.13paragraph (b) plus (2) 630 times the difference between one and the transition factor. For
7.14a city with a population of at least 10,000 but less than 10,500, the "city revenue need"
7.15equals (1) the transition factor times the city's revenue need calculated in paragraph (a)
7.16plus (2) the city's revenue need calculated under the formula in paragraph (b) times the
7.17difference between one and the transition factor. For purposes of this paragraph "transition
7.18factor" is 0.2 percent times the amount that the city's population exceeds the minimum
7.19threshold in either of the first two sentences.
7.20 (d) (e) The city revenue need cannot be less than zero.
7.21 (e) (f) For calendar year
2005 2015 and subsequent years, the city revenue need for
7.22a city, as determined in paragraphs (a) to
(d) (e), is multiplied by the ratio of the annual
7.23implicit price deflator for government consumption expenditures and gross investment for
7.24state and local governments as prepared by the United States Department of Commerce,
7.25for the most recently available year to the
2003 2013 implicit price deflator for state
7.26and local government purchases.
7.27EFFECTIVE DATE.This section is effective for aids payable in calendar year
7.282014 and thereafter.
7.29 Sec. 5. Minnesota Statutes 2012, section 477A.011, subdivision 42, is amended to read:
7.30 Subd. 42.
City jobs base Jobs per capita. (a) "City jobs base" for a city with a
7.31population of 5,000 or more is equal to the product of (1) $25.20, (2) the number of
7.32jobs per capita in the city, and (3) its population. For cities with a population less than
7.335,000, the city jobs base is equal to zero. For a city receiving aid under
subdivision 36,
7.34paragraph (k), its city jobs base is reduced by the lesser of 36 percent of the amount of
8.1aid received under that paragraph or $1,000,000. No city's city jobs base may exceed
8.2$4,725,000 under this paragraph.
8.3 (b) For calendar year 2010 and subsequent years, the city jobs base for a city, as
8.4determined in paragraph (a), is multiplied by the ratio of the appropriation under section
8.5477A.03, subdivision 2a, for the year in which the aid is paid to the appropriation under
8.6that section for aids payable in 2009.
8.7 (c) For purposes of this subdivision, "Jobs per capita in the city" means (1) the
8.8average annual number of employees in the city based on the data from the Quarterly
8.9Census of Employment and Wages, as reported by the Department of Employment and
8.10Economic Development, for the most recent calendar year available
as of May 1, 2008
8.11 November 1 of every odd-numbered year, divided by (2) the city's population for the
8.12same calendar year as the employment data. The commissioner of the Department of
8.13Employment and Economic Development shall certify to the city the average annual
8.14number of employees for each city by
June 1, 2008 January 15, of every even-numbered
8.15year beginning with January 15, 2014.. A city may challenge an estimate under this
8.16paragraph by filing its specific objection, including the names of employers that it feels
8.17may have misreported data, in writing with the commissioner by
June 20, 2008 December
8.181 of every odd-numbered year. The commissioner shall make every reasonable effort
8.19to address the specific objection and adjust the data as necessary. The commissioner
8.20shall certify the estimates of the annual employment to the commissioner of revenue by
8.21July 15, 2008 January 15 of all even-numbered years, including any estimates still under
8.22objection.
For aids payable in 2014 "jobs per capita" shall be based on the annual number
8.23of employees and population for calendar year 2010 without additional review.
8.24EFFECTIVE DATE.This section is effective for aids payable in calendar year
8.252014 and thereafter.
8.26 Sec. 6. Minnesota Statutes 2012, section 477A.011, is amended by adding a
8.27subdivision to read:
8.28 Subd. 44. Peak population decline. "Peak population decline" is equal to 100
8.29times the difference between one and the ratio of the city's current population, to the
8.30highest city population reported in a federal census from the 1970 census or later. "Peak
8.31population decline" shall not be less than zero.
8.32EFFECTIVE DATE.This section is effective for aids payable in calendar year
8.332014 and thereafter.
9.1 Sec. 7. Minnesota Statutes 2012, section 477A.011, is amended by adding a
9.2subdivision to read:
9.3 Subd. 45. Sparsity adjustment. For a city with a population of 10,000 or more, the
9.4sparsity adjustment is 100 for any city with an average population density less than 150
9.5per square mile. The sparsity adjustment is zero for all other cities.
9.6EFFECTIVE DATE.This section is effective for aids payable in calendar year
9.72014 and thereafter.
9.8 Sec. 8. Minnesota Statutes 2012, section 477A.013, subdivision 1, is amended to read:
9.9 Subdivision 1.
Towns. In 2002, no town is eligible for a distribution under this
9.10subdivision. In 2014 and thereafter, each town is eligible for a distribution under this
9.11subdivision equal to the product of (i) its agricultural property factor, (ii) its town area
9.12factor, (iii) its population factor, and (iv) 0.00225. As used in this subdivision, the
9.13following terms have the meanings given them:
9.14(1) "agricultural property factor" means the ratio of the adjusted net tax capacity of
9.15agricultural property located in a town, divided by the adjusted net tax capacity of all other
9.16property located in the town. The agricultural property factor cannot exceed eight;
9.17(2) "agricultural property" means property classified under section 273.13, as
9.18homestead and nonhomestead agricultural property, rural vacant land, and noncommercial
9.19seasonal recreational property;
9.20(3) "town area factor" means the most recent estimate of total acreage, not to exceed
9.2150,000 acres, located in the township available as of July 1 in the aid calculation year,
9.22estimated or established by:
9.23(i) the United States Bureau of the Census;
9.24(ii) the State Land Management Information Center; or
9.25(iii) the secretary of state; and
9.26(4) "population factor" means the square root of the towns population.
9.27If the sum of the aids payable to all towns under this subdivision exceeds the limit
9.28under section 477A.03, subdivision 2c, the distribution to each town must be reduced
9.29proportionately so that the total amount of aids distributed under this section does not
9.30exceed the limit in section 477A.03, subdivision 2c.
9.31EFFECTIVE DATE.This section is effective for aids payable in calendar year
9.322014 and thereafter.
9.33 Sec. 9. Minnesota Statutes 2012, section 477A.013, subdivision 8, is amended to read:
10.1 Subd. 8.
City formula aid. (a) For aids payable in 2014 only, the formula aid for a
10.2city is equal to the sum of (1) its 2013 certified aid and (2) the product of (i) the difference
10.3between its unmet need and its 2013 certified aid and (ii) the aid gap percentage.
10.4 (b) For aids payable in 2015 and thereafter, the formula aid for a city is equal to
10.5the sum of (1) its
city jobs base, (2) its small city aid base, and (3) the need increase
10.6percentage multiplied by the average of its unmet need for the most recently available two
10.7years formula aid in the previous year and (2) the product of (i) the difference between
10.8its unmet need and its certified aid in the previous year under subdivision 9, and (ii)
10.9the aid gap percentage.
10.10No city may have a formula aid amount less than zero. The
need increase aid gap
10.11 percentage must be the same for all cities.
10.12 The applicable
need increase aid gap percentage must be calculated by the
10.13Department of Revenue so that the total of the aid under subdivision 9 equals the total
10.14amount available for aid under section
477A.03. Data used in calculating aids to cities
10.15under sections
477A.011 to
477A.013 shall be the most recently available data as of
10.16January 1 in the year in which the aid is calculated except that the data used to compute "net
10.17levy" in subdivision 9 is the data most recently available at the time of the aid computation.
10.18EFFECTIVE DATE.This section is effective for aids payable in calendar year
10.192014 and thereafter.
10.20 Sec. 10. Minnesota Statutes 2012, section 477A.013, subdivision 9, is amended to read:
10.21 Subd. 9.
City aid distribution. (a) In calendar year
2013 2014 and thereafter, each
10.22city shall receive an aid distribution equal to the sum of (1) the city formula aid under
10.23subdivision 8, and (2) its
city aid base aid adjustment under subdivision 13.
10.24 (b) For aids payable in 2013 and 2014 only, the total aid in the previous year for
10.25any city shall mean the amount of aid it was certified to receive for aids payable in 2012
10.26under this section. For aids payable in 2015 and thereafter, the total aid in the previous
10.27year for any city means the amount of aid it was certified to receive under this section in
10.28the previous payable year.
10.29 (c) For aids payable in 2010 and thereafter, the total aid for any city shall not exceed
10.30the sum of (1) ten percent of the city's net levy for the year prior to the aid distribution
10.31plus (2) its total aid in the previous year. For aids payable in 2009 and thereafter, the total
10.32aid for any city with a population of 2,500 or more may not be less than its total aid under
10.33this section in the previous year minus the lesser of $10 multiplied by its population, or ten
10.34percent of its net levy in the year prior to the aid distribution.
11.1 (d) (b) For aids payable in 2014 only, the total aid for a city may not be less than the
11.2amount it was certified to receive in 2013. For aids payable in
2010 2015 and thereafter,
11.3the total aid for a city
with a population less than 2,500 must not be less than the amount
11.4it was certified to receive in the previous year minus the lesser of $10 multiplied by its
11.5population, or five percent of
its 2003 certified aid amount. For aids payable in 2009 only,
11.6the total aid for a city with a population less than 2,500 must not be less than what it
11.7received under this section in the previous year unless its total aid in calendar year 2008
11.8was aid under section
477A.011, subdivision 36, paragraph (s), in which case its minimum
11.9aid is zero its net levy in the year prior to the aid distribution.
11.10 (e) A city's aid loss under this section may not exceed $300,000 in any year in
11.11which the total city aid appropriation under section
477A.03, subdivision 2a, is equal or
11.12greater than the appropriation under that subdivision in the previous year, unless the
11.13city has an adjustment in its city net tax capacity under the process described in section
11.14469.174, subdivision 28.
11.15 (f) If a city's net tax capacity used in calculating aid under this section has decreased
11.16in any year by more than 25 percent from its net tax capacity in the previous year due to
11.17property becoming tax-exempt Indian land, the city's maximum allowed aid increase
11.18under paragraph (c) shall be increased by an amount equal to (1) the city's tax rate in the
11.19year of the aid calculation, multiplied by (2) the amount of its net tax capacity decrease
11.20resulting from the property becoming tax exempt.
11.21EFFECTIVE DATE.This section is effective for aids payable in calendar year
11.222014 and thereafter.
11.23 Sec. 11. Minnesota Statutes 2012, section 477A.013, is amended by adding a
11.24subdivision to read:
11.25 Subd. 13. Certified aid adjustments. (a) A city that received an aid base increase
11.26under Minnesota Statutes 2012, section 477A.011, subdivision 36, paragraph (e), shall
11.27have its total aid under subdivision 9 increased by an amount equal to $150,000 for aids
11.28payable in 2014 through 2018.
11.29(b) A city that received an aid base increase under section 477A.011, subdivision 36,
11.30paragraph (r), shall have its total aid under subdivision 9 increased by an amount equal to
11.31$160,000 for aids payable in 2014 and thereafter.
11.32(c) A city that received a temporary aid increase under Minnesota Statutes 2012,
11.33section 477A.011, subdivision 36, paragraph (m), (v), or (w), shall have its total aid under
11.34subdivision 9 decreased by the amount of its aid base increase under those paragraphs in
11.35calendar year 2013.
12.1 Sec. 12. Minnesota Statutes 2012, section 477A.03, subdivision 2a, is amended to read:
12.2 Subd. 2a.
Cities. For aids payable in
2013 2014 and thereafter, the total aid paid
12.3under section
477A.013, subdivision 9, is
$426,438,012 $506,438,012.
12.4EFFECTIVE DATE.This section is effective for aids payable in calendar year
12.52014 and thereafter.
12.6 Sec. 13. Minnesota Statutes 2012, section 477A.03, subdivision 2b, is amended to read:
12.7 Subd. 2b.
Counties. (a) For aids payable in
2013 2014 and thereafter, the total aid
12.8payable under section
477A.0124, subdivision 3, is
$80,795,000 $100,795,000. Each
12.9calendar year, $500,000
of this appropriation shall be retained by the commissioner
12.10of revenue to make reimbursements to the commissioner of management and budget
12.11for payments made under section
611.27.
For calendar year 2004, the amount shall
12.12be in addition to the payments authorized under section
477A.0124, subdivision 1.
12.13For calendar year 2005 and subsequent years, the amount shall be deducted from the
12.14appropriation under this paragraph. The reimbursements shall be to defray the additional
12.15costs associated with court-ordered counsel under section
611.27. Any retained amounts
12.16not used for reimbursement in a year shall be included in the next distribution of county
12.17need aid that is certified to the county auditors for the purpose of property tax reduction
12.18for the next taxes payable year.
12.19 (b) For aids payable in
2013 2014 and thereafter, the total aid under section
12.20477A.0124, subdivision 4
, is
$84,909,575 $104,909,575. The commissioner of
12.21management and budget shall bill the commissioner of revenue for the cost of preparation
12.22of local impact notes as required by section
3.987, not to exceed $207,000 in
each fiscal
12.23year
2004 and thereafter. The commissioner of education shall bill the commissioner of
12.24revenue for the cost of preparation of local impact notes for school districts as required
12.25by section
3.987, not to exceed $7,000 in
each fiscal year
2004 and thereafter. The
12.26commissioner of revenue shall deduct the amounts billed under this paragraph from
12.27the appropriation under this paragraph. The amounts deducted are appropriated to the
12.28commissioner of management and budget and the commissioner of education for the
12.29preparation of local impact notes.
12.30EFFECTIVE DATE.This section is effective for aid payable in 2014 and thereafter.
12.31 Sec. 14. Minnesota Statutes 2012, section 477A.03, is amended by adding a
12.32subdivision to read:
13.1 Subd. 2c. Towns. For aids payable in 2014, the total aids paid under section
13.2477A.013, subdivision 1, is limited to $5,000,000. For aids payable in 2015 and thereafter,
13.3the total aids paid under section 477A.013, subdivision 1, is limited to the amount certified
13.4to be paid in the previous year.
13.5EFFECTIVE DATE.This section is effective for aids payable in calendar year
13.62014 and thereafter.
13.7 Sec. 15.
[477A.10] NATURAL RESOURCES LAND PAYMENTS IN LIEU;
13.8PURPOSE.
13.9The purposes of sections 477A.11 to 477A.14 are:
13.10(1) to compensate local units of government for the loss of tax base from state
13.11ownership of land and the need to provide services for state land;
13.12(2) to address the disproportionate impact of state land ownership on local units of
13.13government with a large proportion of state land; and
13.14(3) to address the need to manage state lands held in trust for the local taxing districts.
13.15 Sec. 16. Minnesota Statutes 2012, section 477A.11, subdivision 3, is amended to read:
13.16 Subd. 3.
Acquired natural resources land. "Acquired natural resources land"
13.17means:
13.18(1)
any land
, other than wildlife management land, presently administered by the
13.19commissioner in which the state acquired by purchase, condemnation, or gift, a fee title
13.20interest in lands which were previously privately owned; and
13.21(2) lands acquired by the state under chapter 84A that are designated as state parks,
13.22state recreation areas, scientific and natural areas, or wildlife management areas.
13.23EFFECTIVE DATE.This section is effective for aids payable in calendar year
13.242013 and thereafter.
13.25 Sec. 17. Minnesota Statutes 2012, section 477A.11, subdivision 4, is amended to read:
13.26 Subd. 4.
Other natural resources land. "Other natural resources land" means
13.27any
other land
, other than acquired natural resource land or wildlife management land,
13.28 presently owned in fee title by the state and administered by the commissioner, or
13.29any tax-forfeited land, other than platted lots within a city or those lands described
13.30under subdivision 3, clause (2), which is owned by the state and administered by the
13.31commissioner or by the county in which it is located.
14.1EFFECTIVE DATE.This section is effective for aids payable in calendar year
14.22013 and thereafter.
14.3 Sec. 18. Minnesota Statutes 2012, section 477A.11, is amended by adding a
14.4subdivision to read:
14.5 Subd. 6. Military game refuge. "Military game refuge" means land owned in
14.6fee by another state agency for military purposes and designated as a state game refuge
14.7under section 97A.085.
14.8EFFECTIVE DATE.This section is effective for aids payable in calendar year
14.92013 and thereafter.
14.10 Sec. 19. Minnesota Statutes 2012, section 477A.11, is amended by adding a
14.11subdivision to read:
14.12 Subd. 7. Transportation wetland. "Transportation wetland" means land
14.13administered by the Department of Transportation in which the state acquired, by purchase
14.14from a private owner, a fee title interest in over 500 acres of land within a county to
14.15replace wetland losses from transportation projects.
14.16EFFECTIVE DATE.This section is effective for aids payable in calendar year
14.172013 and thereafter.
14.18 Sec. 20. Minnesota Statutes 2012, section 477A.11, is amended by adding a
14.19subdivision to read:
14.20 Subd. 8. Wildlife management land. "Wildlife management land" means land
14.21administered by the commissioner in which the state acquired, from a private owner by
14.22purchase, condemnation, or gift, a fee interest under the authority granted in chapter 94 or
14.2397A for wildlife management purposes and actually used as a wildlife management area.
14.24EFFECTIVE DATE.This section is effective for aids payable in calendar year
14.252013 and thereafter.
14.26 Sec. 21. Minnesota Statutes 2012, section 477A.12, subdivision 1, is amended to read:
14.27 Subdivision 1.
Types of land; payments. (a) As an offset for expenses incurred
14.28by counties and towns in support of natural resources lands, The following amounts are
14.29annually appropriated to the commissioner of natural resources from the general fund for
14.30transfer to the commissioner of revenue. The commissioner of revenue shall pay the
15.1transferred funds to counties as required by sections
477A.11 to
477A.14. The amounts
,
15.2based on the acreage as of July 1 of each year prior to the payment year, are:
15.3(1)
for acquired natural resources land, $5.133 multiplied by the total number of acres
15.4of acquired natural resources land or, at the county's option three-fourths of one percent of
15.5the appraised value of all acquired natural resources land in the county, whichever is greater;
15.6(2)
$5.133, multiplied by the total number of acres of transportation wetland or, at
15.7the county's option, three-fourths of one percent of the appraised value of all acquired
15.8natural resources land in the county, whichever is greater;
15.9(3) three-fourths of one percent of the appraised value of all wildlife management
15.10land in the county;
15.11(4) 50 percent of the dollar amount as determined under clause (1), multiplied by
15.12the number of acres of military refuge land in the county;
15.13$1.283 (5) $1.50, multiplied by the number of acres of county-administered other
15.14natural resources land
in the county;
15.15(3) $1.283 (6) $5.133, multiplied by the total number of acres of land utilization
15.16project land
in the county;
and
15.17(4) 64.2 cents (7) $1.50, multiplied by the number of acres of
15.18commissioner-administered other natural resources land
located in
each the county
as of
15.19July 1 of each year prior to the payment year.; and
15.20 (8) without regard to acreage, $300,000 for local assessments under section 84A.55,
15.21subdivision 9.
15.22(b) The amount determined under paragraph (a), clause (1), is payable for land
15.23that is acquired from a private owner and owned by the Department of Transportation
15.24for the purpose of replacing wetland losses caused by transportation projects, but only
15.25if the county contains more than 500 acres of such land at the time the certification is
15.26made under subdivision 2.
15.27EFFECTIVE DATE.This section is effective for aids payable in calendar year
15.282013 and thereafter.
15.29 Sec. 22. Minnesota Statutes 2012, section 477A.12, subdivision 2, is amended to read:
15.30 Subd. 2.
Procedure. Lands for which payments in lieu are made pursuant to
15.31section
97A.061, subdivision 3, and Laws 1973, chapter 567, shall not be eligible for
15.32payments under this section. Each county auditor shall certify to the Department of
15.33Natural Resources during July of each year prior to the payment year the number of acres
15.34of county-administered other natural resources land within the county. The Department of
15.35Natural resources may, in addition to the certification of acreage, require descriptive lists
16.1of land so certified. The commissioner of natural resources shall determine and certify to
16.2the commissioner of revenue by March 1 of the payment year:
16.3(1) the number of acres and most recent appraised value of acquired natural
16.4resources land
, wildlife management land, and military refuge land within each county;
16.5(2) the number of acres of commissioner-administered natural resources land within
16.6each county;
16.7(3) the number of acres of county-administered other natural resources land within
16.8each county, based on the reports filed by each county auditor with the commissioner
16.9of natural resources; and
16.10(4) the number of acres of land utilization project land within each county.
16.11The commissioner of transportation shall determine and certify to the commissioner
16.12of revenue by March 1 of the payment year the number of acres of
land transportation
16.13wetland and the appraised value of the land
described in subdivision 1, paragraph (b), but
16.14only if it exceeds 500 acres
in a county.
16.15The commissioner of revenue shall determine the distributions provided for in this
16.16section using the number of acres and appraised values certified by the commissioner of
16.17natural resources and the commissioner of transportation by March 1 of the payment year.
16.18EFFECTIVE DATE.This section is effective for aids payable in calendar year
16.192013 and thereafter.
16.20 Sec. 23. Minnesota Statutes 2012, section 477A.12, subdivision 3, is amended to read:
16.21 Subd. 3.
Determination of appraised value. For the purposes of this section, the
16.22appraised value of acquired natural resources land is the purchase price
for the first five
16.23years after acquisition until the next six-year appraisal required under this subdivision.
16.24The appraised value of acquired natural resources land received as a donation is the value
16.25determined for the commissioner of natural resources by a licensed appraiser, or the
16.26county assessor's estimated market value if no appraisal is done. The appraised value must
16.27be determined by the county assessor every
five six years
after the land is acquired.
All
16.28reappraisals shall be done in the same year as county assessors are required to assess
16.29exempt land under section 273.18.
16.30EFFECTIVE DATE.This section is effective for aids payable in calendar year
16.312013 and thereafter.
16.32 Sec. 24. Minnesota Statutes 2012, section 477A.14, subdivision 1, is amended to read:
17.1 Subdivision 1.
General distribution. Except as provided in
subdivision 2 or in
17.2section
97A.061, subdivision 5 subdivisions 2 and 3, 40 percent of the total payment to
17.3the county shall be deposited in the county general revenue fund to be used to provide
17.4property tax levy reduction. The remainder shall be distributed by the county in the
17.5following priority:
17.6(a) 64.2 cents
, for each acre of county-administered other natural resources land shall
17.7be deposited in a resource development fund to be created within the county treasury for
17.8use in resource development, forest management, game and fish habitat improvement, and
17.9recreational development and maintenance of county-administered other natural resources
17.10land. Any county receiving less than $5,000 annually for the resource development fund
17.11may elect to deposit that amount in the county general revenue fund;
17.12(b) from the funds remaining, within 30 days of receipt of the payment to the county,
17.13the county treasurer shall pay each organized township
51.3 cents for each acre of acquired
17.14natural resources land and each acre of land described in section
477A.12, subdivision 1,
17.15paragraph (b), and 12.8 cents for each acre of other natural resources land and each acre of
17.16land utilization project land located within its boundaries ten percent of the amount received
17.17under section 477A.12, subdivision 1, clauses (1), (2), and (5) to (7). Payments for natural
17.18resources lands not located in an organized township shall be deposited in the county
17.19general revenue fund. Payments to counties and townships pursuant to this paragraph shall
17.20be used to provide property tax levy reduction, except that of the payments for natural
17.21resources lands not located in an organized township, the county may allocate the amount
17.22determined to be necessary for maintenance of roads in unorganized townships. Provided
17.23that, if the total payment to the county pursuant to section
477A.12 is not sufficient to fully
17.24fund the distribution provided for in this clause, the amount available shall be distributed
17.25to each township and the county general revenue fund on a pro rata basis; and
17.26(c) any remaining funds shall be deposited in the county general revenue fund.
17.27Provided that, if the distribution to the county general revenue fund exceeds $35,000, the
17.28excess shall be used to provide property tax levy reduction.
17.29EFFECTIVE DATE.This section is effective for aids payable in calendar year
17.302013 and thereafter.
17.31 Sec. 25. Minnesota Statutes 2012, section 477A.14, is amended by adding a
17.32subdivision to read:
17.33 Subd. 3. Distribution for wildlife management lands and military refuge lands.
17.34(a) The county treasurer shall allocate the payment for wildlife management land and
17.35military game refuge land among the county, towns, and school districts on the same basis
18.1as if the payments were taxes on the land received in the year. Payment of a town's or a
18.2school district's allocation must be made by the county treasurer to the town or school
18.3district within 30 days of receipt of the payment to the county. The county's share of the
18.4payment shall be deposited in the county general revenue fund.
18.5(b) The county treasurer of a county with a population over 39,000, but less than
18.642,000, in the 1950 federal census shall allocate the payment only among the towns and
18.7school districts on the same basis as if the payments were taxes on the lands received
18.8in the current year.
18.9(c) If a town received a payment in calendar year 2006 or thereafter under this
18.10subdivision, and subsequently incorporated as a city, the city shall continue to receive any
18.11future year's allocations of wildlife land payments that would have been made to the town
18.12had it not incorporated, provided that the payments shall terminate if the governing body
18.13of the city passes an ordinance that prohibits hunting within the boundaries of the city.
18.14EFFECTIVE DATE.This section is effective for aids payable in calendar year
18.152013 and thereafter.
18.16 Sec. 26. Laws 2006, chapter 259, article 11, section 3, as amended by Laws 2008,
18.17chapter 154, article 1, section 4, is amended to read:
18.18 Sec. 3.
MAHNOMEN COUNTY; COUNTY, CITY, SCHOOL DISTRICT,
18.19PROPERTY TAX REIMBURSEMENT.
18.20 Subdivision 1.
Aid appropriation. $600,000 $1,200,000 is appropriated annually
18.21from the general fund to the commissioner of revenue to be used to make payments to
18.22compensate for the loss of property tax revenue related to the trust conversion application
18.23of the Shooting Star Casino. The commissioner shall pay the county of Mahnomen,
18.24$450,000 $900,000; the city of Mahnomen,
$80,000 $160,000; and Independent School
18.25District No. 432, Mahnomen,
$70,000 $140,000. The payments shall be made on July 20,
18.26of
2008 2013 and each subsequent year.
18.27EFFECTIVE DATE.This section is effective for aids payable in calendar year
18.282013 and thereafter.
18.29 Sec. 27.
REPEALER.
18.30Minnesota Statutes 2012, sections 477A.011, subdivisions 2a, 19, 29, 31, 32, 33, 36,
18.3139, 40, 41, and 42; 477A.013, subdivisions 11 and 12; 477A.0133; and 477A.0134, are
18.32repealed.
19.1EFFECTIVE DATE.This section is effective for aids payable in calendar year
19.22014 and thereafter.
19.5 Section 1. Minnesota Statutes 2012, section 103B.102, subdivision 3, is amended to
19.6read:
19.7 Subd. 3.
Evaluation and report. The Board of Water and Soil Resources shall
19.8evaluate performance, financial, and activity information for each local water management
19.9entity. The board shall evaluate the entities' progress in accomplishing their adopted plans
19.10on a regular basis
as determined by the board based on budget and operations of the local
19.11water management entity, but not less than once every
five ten years. The board shall
19.12maintain a summary of local water management entity performance on the board's Web site.
19.13Beginning February 1, 2008, and annually thereafter, the board shall provide an analysis
19.14of local water management entity performance to the chairs of the house of representatives
19.15and senate committees having jurisdiction over environment and natural resources policy.
19.16 Sec. 2. Minnesota Statutes 2012, section 103B.335, is amended to read:
19.17103B.335 TAX LEVY AUTHORITY.
19.18 Subdivision 1.
Local water planning and management. The governing body of
19.19any county, municipality, or township may levy a tax in an amount required to implement
19.20sections
103B.301 to
103B.355 or a comprehensive watershed management plan as
19.21defined in section 103B.3363.
19.22 Subd. 2.
Priority programs; conservation and watershed districts. A county
19.23may levy amounts necessary to pay the reasonable
increased costs to soil and water
19.24conservation districts and watershed districts of administering and implementing priority
19.25programs identified in an approved and adopted plan
or a comprehensive watershed
19.26management plan as defined in section 103B.3363.
19.27 Sec. 3. Minnesota Statutes 2012, section 103B.3369, subdivision 5, is amended to read:
19.28 Subd. 5.
Financial assistance. A base grant may be awarded to a county that
19.29provides a match utilizing a water implementation tax or other local source. A water
19.30implementation tax that a county intends to use as a match to the base grant must be
19.31levied at a rate
sufficient to generate a minimum amount determined by the board.
19.32The board may award performance-based grants to local units of government that are
20.1responsible for implementing elements of applicable portions of watershed management
20.2plans, comprehensive plans, local water management plans, or comprehensive watershed
20.3management plans, developed or amended, adopted and approved, according to chapter
20.4103B, 103C, or 103D. Upon request by a local government unit, the board may also
20.5award performance-based grants to local units of government to carry out TMDL
20.6implementation plans as provided in chapter 114D, if the TMDL implementation plan has
20.7been incorporated into the local water management plan according to the procedures for
20.8approving comprehensive plans, watershed management plans, local water management
20.9plans, or comprehensive watershed management plans under chapter 103B, 103C, or
20.10103D, or if the TMDL implementation plan has undergone a public review process.
20.11Notwithstanding section
16A.41, the board may award performance-based grants on an
20.12advanced basis.
The fee authorized in section 40A.152 may be used as a local match
20.13or as a supplement to state funding to accomplish implementation of comprehensive
20.14plans, watershed management plans, local water management plans, or comprehensive
20.15watershed management plans under chapter 103B, 103C, or 103D.
20.16 Sec. 4. Minnesota Statutes 2012, section 103C.501, subdivision 4, is amended to read:
20.17 Subd. 4.
Cost-sharing funds. (a) The state board shall allocate
at least 70 percent
20.18of cost-sharing funds to areas with high priority erosion, sedimentation, or water quality
20.19problems or water quantity problems due to altered hydrology. The areas must be selected
20.20based on
the statewide priorities established by the state board.
20.21(b) The allocated funds must be used for conservation practices for high priority
20.22problems identified in the comprehensive and annual work plans of the districts
, for
20.23the technical assistance portion of the grant funds to leverage federal or other nonstate
20.24funds, or to address high-priority needs identified in local water management plans or
20.25comprehensive watershed management plans.
20.26(b) The remaining cost-sharing funds may be allocated to districts as follows:
20.27(1) for technical and administrative assistance, not more than 20 percent of the
20.28funds; and
20.29(2) for conservation practices for lower priority erosion, sedimentation, or water
20.30quality problems.
20.31 Sec. 5. Minnesota Statutes 2012, section 103F.405, subdivision 1, is amended to read:
20.32 Subdivision 1.
Authority. Each statutory or home rule charter city, town, or
20.33county that has planning and zoning authority under sections
366.10 to
366.19,
394.21
20.34to
394.37, or
462.351 to
462.365 is encouraged to adopt a soil loss ordinance. The soil
21.1loss ordinance must use the soil loss tolerance for each soil series described in the United
21.2States
Soil Natural Resources Conservation Service Field Office Technical Guide
, or
21.3another method approved by the Board of Water and Soil Resources, to determine the
21.4soil loss limits, but the soil loss limits must be attainable by the best practicable soil
21.5conservation practice. Ordinances adopted by local governments
within the metropolitan
21.6area defined in section
473.121 must be consistent with
local water management plans
21.7adopted under section
103B.235 a comprehensive plan, local water management plan, or
21.8watershed management plan developed or amended, adopted and approved, according
21.9to chapter 103B, 103C, or 103D.
21.10 Sec. 6. Minnesota Statutes 2012, section 168.012, subdivision 9, is amended to read:
21.11 Subd. 9.
Manufactured homes and park trailers. Manufactured homes and park
21.12trailers shall not be taxed as motor vehicles using the public streets and highways and shall
21.13be exempt from the motor vehicle tax provisions of this chapter. Except as provided in
21.14section
273.125, manufactured homes and park trailers shall be taxed as personal property.
21.15The provisions of Minnesota Statutes 1957, section
272.02 or any other act providing for
21.16tax exemption shall be inapplicable to manufactured homes and park trailers, except
21.17such manufactured homes as are held by a licensed dealer
or limited dealer, as defined
21.18in section 327B.04, and exempted as inventory
under subdivision 9a. Travel trailers not
21.19conspicuously displaying current registration plates on the property tax assessment date
21.20shall be taxed as manufactured homes if occupied as human dwelling places.
21.21EFFECTIVE DATE.This section is effective for taxes payable in 2014 and
21.22thereafter.
21.23 Sec. 7. Minnesota Statutes 2012, section 168.012, is amended by adding a subdivision
21.24to read:
21.25 Subd. 9a. Manufactured home as dealer inventory. Manufactured homes as
21.26defined in section 327.31, subdivision 6, shall be considered as dealer inventory, on the
21.27January 2 assessment date, if the home:
21.28(1) is listed as inventory and held by a licensed or limited dealer;
21.29(2) is unoccupied and not available for rent;
21.30(3) may or may not be permanently connected to utilities when located in a
21.31manufactured park; and
21.32(4) may or may not be temporarily connected to utilities when located at a dealer's
21.33sales center.
22.1The exemption under this subdivision is allowable for up to five assessment years after
22.2the date a home is initially claimed as dealer inventory.
22.3EFFECTIVE DATE.This section is effective for taxes payable in 2014 and
22.4thereafter.
22.5 Sec. 8.
[270C.9901] ASSESSOR ACCREDITATION.
22.6Every individual that appraises or physically inspects real property for the purpose of
22.7determining its valuation or classification for property tax purposes must obtain licensure
22.8as an accredited assessor from the Minnesota State Board of Assessors by July 1, 2017, or
22.9by the time the individual is licensed as a certified assessor, whichever is later.
22.10EFFECTIVE DATE.This section is effective beginning January 1, 2014.
22.11 Sec. 9. Minnesota Statutes 2012, section 272.02, subdivision 10, is amended to read:
22.12 Subd. 10.
Personal property used for pollution control. Personal property used
22.13primarily for the abatement and control of air, water, or land pollution is exempt to the
22.14extent that it is so used,
and real but only if it is not required to be installed by a standard,
22.15rule, criteria, guideline, policy, or order of the Minnesota Pollution Control Agency or if it
22.16is part of a system for the abatement of pollution that was not required to be installed by
22.17a standard, rule, criteria, guideline, policy, or order of the Minnesota Pollution Control
22.18Agency when it was originally installed. Real property is exempt if it is used primarily for
22.19abatement and control of air, water, or land pollution as part of an agricultural operation,
22.20as a part of a centralized treatment and recovery facility operating under a permit
22.21issued by the Minnesota Pollution Control Agency pursuant to chapters
115 and
116
22.22and Minnesota Rules, parts 7001.0500 to 7001.0730, and 7045.0020 to 7045.1260, as a
22.23wastewater treatment facility and for the treatment, recovery, and stabilization of metals,
22.24oils, chemicals, water, sludges, or inorganic materials from hazardous industrial wastes,
22.25or as part of an electric generation system. For purposes of this subdivision, personal
22.26property includes ponderous machinery and equipment used in a business or production
22.27activity that at common law is considered real property.
22.28Any taxpayer requesting exemption of all or a portion of any real property or any
22.29equipment or device, or part thereof, operated primarily for the control or abatement of
22.30air, water, or land pollution shall file an application with the commissioner of revenue.
22.31The Minnesota Pollution Control Agency shall upon request of the commissioner furnish
22.32information and advice to the commissioner.
23.1The information and advice furnished by the Minnesota Pollution Control Agency
23.2must include statements as to whether the equipment, device, or real property meets
23.3a standard, rule, criteria, guideline, policy, or order of the Minnesota Pollution Control
23.4Agency, and whether the equipment, device, or real property is installed or operated
23.5in accordance with it. On determining that property qualifies for exemption, the
23.6commissioner shall issue an order exempting the property from taxation. The equipment,
23.7device, or real property shall continue to be exempt from taxation as long as the order
23.8issued by the commissioner remains in effect.
23.9 Sec. 10. Minnesota Statutes 2012, section 272.02, is amended by adding a subdivision
23.10to read:
23.11 Subd. 98. Certain property owned by an Indian tribe. (a) Property is exempt that:
23.12(1) was classified as 3a under section 273.13, subdivision 24, for taxes payable
23.13in 2013;
23.14(2) is located in a city of the first class with a population greater than 300,000 as of
23.15the 2010 federal census;
23.16(3) was, on January 2, 2012, and for the current assessment, is owned by a federally
23.17recognized Indian tribe, or its instrumentality, that is located within the state of Minnesota;
23.18and
23.19(4) is used exclusively for tribal purposes or institutions of purely public charity as
23.20defined in subdivision 7.
23.21(b) For purposes of this subdivision, a "tribal purpose" means a public purpose
23.22as defined in subdivision 8 and includes noncommercial tribal government activities.
23.23Property that qualifies for the exemption under this subdivision is limited to no more than
23.24two contiguous parcels and structures that do not exceed in the aggregate 20,000 square
23.25feet. Property acquired for single-family housing, market-rate apartments, agricultural, or
23.26forestry does not qualify for this exemption. The exemption created by this subdivision
23.27expires with taxes payable in 2024.
23.28EFFECTIVE DATE.This section is effective beginning with taxes payable in 2014.
23.29 Sec. 11. Minnesota Statutes 2012, section 272.02, is amended by adding a subdivision
23.30to read:
23.31 Subd. 99. Electric generation facility; personal property. (a) Notwithstanding
23.32subdivision 9, clause (a), and section 453.54, subdivision 20, attached machinery and
23.33other personal property which is part of an electric generation facility that exceeds five
24.1megawatts of installed capacity and meets the requirements of this subdivision is exempt.
24.2At the time of construction, the facility must be:
24.3 (1) designed to utilize natural gas as a primary fuel;
24.4 (2) owned and operated by a municipal power agency as defined in section 453.52,
24.5subdivision 8;
24.6 (3) designed to utilize reciprocating engines paired with generators to produce
24.7electrical power;
24.8 (4) located within the service territory of a municipal power agency's electrical
24.9municipal utility that serves load exclusively in a metropolitan county as defined in
24.10section 473.121, subdivision 4; and
24.11(5) designed to connect directly with a municipality's substation.
24.12 (b) Construction of the facility must be commenced after June 1, 2013, and before
24.13June 1, 2017. Property eligible for this exemption does not include electric transmission
24.14lines and interconnections or gas pipelines and interconnections appurtenant to the
24.15property or the facility.
24.16EFFECTIVE DATE.This section is effective for assessment year 2013, taxes
24.17payable in 2014, and thereafter.
24.18 Sec. 12. Minnesota Statutes 2012, section 272.025, subdivision 1, is amended to read:
24.19 Subdivision 1.
Statement of exemption. (a) Except in the case of property owned
24.20by the state of Minnesota or any political subdivision thereof, and property exempt from
24.21taxation under section
272.02, subdivisions 9, 10, 13, 15, 18, 20, and 22 to 25, and at
24.22the times provided in subdivision 3, a taxpayer claiming an exemption from taxation
24.23on property described in section
272.02, subdivisions 1 to 33, must file a statement of
24.24exemption with the assessor of the assessment district in which the property is located.
24.25(b) A taxpayer claiming an exemption from taxation on property described in section
24.26272.02, subdivision 10
, must file a statement of exemption with the commissioner of
24.27revenue,
and with the assessor of the assessment district in which the property is located,
24.28 on or before February 15 of each year for which the taxpayer claims an exemption.
24.29(c) In case of sickness, absence or other disability or for good cause, the assessor
24.30or the commissioner may extend the time for filing the statement of exemption for a
24.31period not to exceed 60 days.
24.32(d) The commissioner of revenue shall prescribe the form and contents of the
24.33statement of exemption.
25.1 Sec. 13. Minnesota Statutes 2012, section 273.117, is amended to read:
25.2273.117 CONSERVATION PROPERTY TAX VALUATION.
25.3 The value of real property which is subject to a conservation restriction or easement
25.4may be adjusted shall not be reduced by the assessor if:
25.5 (a) the restriction or easement is for a conservation purpose as defined in section
25.684.64, subdivision 2
, and is recorded on the property;
and
25.7 (b) the property is being used in accordance with the terms of the conservation
25.8restriction or easement.
25.9This section does not apply to (1) conservation restrictions or easements covering
25.10riparian buffers along lakes, rivers, and streams that are used for water quantity or quality
25.11control; or (2) parcels of land in excess of 1,920 acres that allow public motorized access.
25.12EFFECTIVE DATE.This section is effective for assessment year 2013 and
25.13thereafter, and for taxes payable in 2014 and thereafter.
25.14 Sec. 14. Minnesota Statutes 2012, section 273.124, subdivision 14, is amended to read:
25.15 Subd. 14.
Agricultural homesteads; special provisions. (a) Real estate of less than
25.16ten acres that is the homestead of its owner must be classified as class 2a under section
25.17273.13, subdivision 23
, paragraph (a), if:
25.18 (1) the parcel on which the house is located is contiguous on at least two sides to (i)
25.19agricultural land, (ii) land owned or administered by the United States Fish and Wildlife
25.20Service, or (iii) land administered by the Department of Natural Resources on which in
25.21lieu taxes are paid under sections
477A.11 to
477A.14;
25.22 (2) its owner also owns a noncontiguous parcel of agricultural land that is at least
25.2320 acres;
25.24 (3) the noncontiguous land is located not farther than four townships or cities, or a
25.25combination of townships or cities from the homestead; and
25.26 (4) the agricultural use value of the noncontiguous land and farm buildings is equal
25.27to at least 50 percent of the market value of the house, garage, and one acre of land.
25.28 Homesteads initially classified as class 2a under the provisions of this paragraph shall
25.29remain classified as class 2a, irrespective of subsequent changes in the use of adjoining
25.30properties, as long as the homestead remains under the same ownership, the owner owns a
25.31noncontiguous parcel of agricultural land that is at least 20 acres, and the agricultural use
25.32value qualifies under clause (4). Homestead classification under this paragraph is limited
25.33to property that qualified under this paragraph for the 1998 assessment.
26.1 (b)(i) Agricultural property shall be classified as the owner's homestead, to the same
26.2extent as other agricultural homestead property, if all of the following criteria are met:
26.3 (1) the agricultural property consists of at least 40 acres including undivided
26.4government lots and correctional 40's;
26.5 (2) the owner, the owner's spouse, or a grandchild, child, sibling, or parent of the
26.6owner or of the owner's spouse, is actively farming the agricultural property, either on the
26.7person's own behalf as an individual or on behalf of a partnership operating a family farm,
26.8family farm corporation, joint family farm venture, or limited liability company of which
26.9the person is a partner, shareholder, or member;
26.10 (3) both the owner of the agricultural property and the person who is actively
26.11farming the agricultural property under clause (2), are Minnesota residents;
26.12 (4) neither the owner nor the spouse of the owner claims another agricultural
26.13homestead in Minnesota; and
26.14 (5) neither the owner nor the person actively farming the agricultural property lives
26.15farther than four townships or cities, or a combination of four townships or cities, from the
26.16agricultural property, except that if the owner or the owner's spouse is required to live in
26.17employer-provided housing, the owner or owner's spouse, whichever is actively farming
26.18the agricultural property, may live more than four townships or cities, or combination of
26.19four townships or cities from the agricultural property.
26.20 The relationship under this paragraph may be either by blood or marriage.
26.21 (ii) Agricultural property held by a trustee under a trust is eligible for agricultural
26.22homestead classification under this paragraph if the qualifications in clause (i) are met,
26.23except that "owner" means the grantor of the trust.
26.24 (iii) Property containing the residence of an owner who owns qualified property
26.25under clause (i) shall be classified as part of the owner's agricultural homestead, if that
26.26property is also used for noncommercial storage or drying of agricultural crops.
26.27(iv) As used in this paragraph, "agricultural property" means class 2a property and
26.28any class 2b property that is contiguous to and under the same ownership as the class 2a
26.29property.
26.30 (c) (b) Noncontiguous land shall be included as part of a homestead under section
26.31273.13, subdivision 23
, paragraph (a), only if the homestead is classified as class 2a
26.32and the detached land is located in the same township or city, or not farther than four
26.33townships or cities or combination thereof from the homestead. Any taxpayer of these
26.34noncontiguous lands must notify the county assessor that the noncontiguous land is part of
26.35the taxpayer's homestead, and, if the homestead is located in another county, the taxpayer
26.36must also notify the assessor of the other county.
27.1 (d) (c) Agricultural land used for purposes of a homestead and actively farmed by a
27.2person holding a vested remainder interest in it must be classified as a homestead under
27.3section
273.13, subdivision 23, paragraph (a). If agricultural land is classified class 2a,
27.4any other dwellings on the land used for purposes of a homestead by persons holding
27.5vested remainder interests who are actively engaged in farming the property, and up to
27.6one acre of the land surrounding each homestead and reasonably necessary for the use of
27.7the dwelling as a home, must also be assessed class 2a.
27.8 (e) (d) Agricultural land and buildings that were class 2a homestead property under
27.9section
273.13, subdivision 23, paragraph (a), for the 1997 assessment shall remain
27.10classified as agricultural homesteads for subsequent assessments if:
27.11 (1) the property owner abandoned the homestead dwelling located on the agricultural
27.12homestead as a result of the April 1997 floods;
27.13 (2) the property is located in the county of Polk, Clay, Kittson, Marshall, Norman,
27.14or Wilkin;
27.15 (3) the agricultural land and buildings remain under the same ownership for the
27.16current assessment year as existed for the 1997 assessment year and continue to be used
27.17for agricultural purposes;
27.18 (4) the dwelling occupied by the owner is located in Minnesota and is within 30
27.19miles of one of the parcels of agricultural land that is owned by the taxpayer; and
27.20 (5) the owner notifies the county assessor that the relocation was due to the 1997
27.21floods, and the owner furnishes the assessor any information deemed necessary by the
27.22assessor in verifying the change in dwelling. Further notifications to the assessor are not
27.23required if the property continues to meet all the requirements in this paragraph and any
27.24dwellings on the agricultural land remain uninhabited.
27.25 (f) Agricultural land and buildings that were class 2a homestead property under
27.26section
273.13, subdivision 23, paragraph (a), for the 1998 assessment shall remain
27.27classified agricultural homesteads for subsequent assessments if:
27.28 (1) the property owner abandoned the homestead dwelling located on the agricultural
27.29homestead as a result of damage caused by a March 29, 1998, tornado;
27.30 (2) the property is located in the county of Blue Earth, Brown, Cottonwood,
27.31LeSueur, Nicollet, Nobles, or Rice;
27.32 (3) the agricultural land and buildings remain under the same ownership for the
27.33current assessment year as existed for the 1998 assessment year;
27.34 (4) the dwelling occupied by the owner is located in this state and is within 50 miles
27.35of one of the parcels of agricultural land that is owned by the taxpayer; and
28.1 (5) the owner notifies the county assessor that the relocation was due to a March 29,
28.21998, tornado, and the owner furnishes the assessor any information deemed necessary by
28.3the assessor in verifying the change in homestead dwelling. For taxes payable in 1999, the
28.4owner must notify the assessor by December 1, 1998. Further notifications to the assessor
28.5are not required if the property continues to meet all the requirements in this paragraph
28.6and any dwellings on the agricultural land remain uninhabited.
28.7 (g) Agricultural property of a family farm corporation, joint family farm venture,
28.8family farm limited liability company, or partnership operating a family farm as described
28.9under subdivision 8 shall be classified homestead, to the same extent as other agricultural
28.10homestead property, if all of the following criteria are met:
28.11 (1) the property consists of at least 40 acres including undivided government lots
28.12and correctional 40's;
28.13 (2) a shareholder, member, or partner of that entity is actively farming the
28.14agricultural property;
28.15 (3) that shareholder, member, or partner who is actively farming the agricultural
28.16property is a Minnesota resident;
28.17 (4) neither that shareholder, member, or partner, nor the spouse of that shareholder,
28.18member, or partner claims another agricultural homestead in Minnesota; and
28.19 (5) that shareholder, member, or partner does not live farther than four townships or
28.20cities, or a combination of four townships or cities, from the agricultural property.
28.21 Homestead treatment applies under this paragraph for property leased to a family
28.22farm corporation, joint farm venture, limited liability company, or partnership operating a
28.23family farm if legal title to the property is in the name of an individual who is a member,
28.24shareholder, or partner in the entity.
28.25 (h) (e) To be eligible for the special agricultural homestead under this subdivision,
28.26an initial full application must be submitted to the county assessor where the property is
28.27located. Owners and the persons who are actively farming the property shall be required
28.28to complete only a one-page abbreviated version of the application in each subsequent
28.29year provided that none of the following items have changed since the initial application:
28.30 (1) the day-to-day operation, administration, and financial risks remain the same;
28.31 (2) the owners and the persons actively farming the property continue to live within
28.32the four townships or city criteria and are Minnesota residents;
28.33 (3) the same operator of the agricultural property is listed with the Farm Service
28.34Agency;
28.35 (4) a Schedule F or equivalent income tax form was filed for the most recent year;
28.36 (5) the property's acreage is unchanged; and
29.1 (6) none of the property's acres have been enrolled in a federal or state farm program
29.2since the initial application.
29.3 The owners and any persons who are actively farming the property must include
29.4the appropriate Social Security numbers, and sign and date the application. If any of the
29.5specified information has changed since the full application was filed, the owner must
29.6notify the assessor, and must complete a new application to determine if the property
29.7continues to qualify for the special agricultural homestead. The commissioner of revenue
29.8shall prepare a standard reapplication form for use by the assessors.
29.9 (i) (f) Agricultural land and buildings that were class 2a homestead property under
29.10section
273.13, subdivision 23, paragraph (a), for the 2007 assessment shall remain
29.11classified agricultural homesteads for subsequent assessments if:
29.12 (1) the property owner abandoned the homestead dwelling located on the agricultural
29.13homestead as a result of damage caused by the August 2007 floods;
29.14 (2) the property is located in the county of Dodge, Fillmore, Houston, Olmsted,
29.15Steele, Wabasha, or Winona;
29.16 (3) the agricultural land and buildings remain under the same ownership for the
29.17current assessment year as existed for the 2007 assessment year;
29.18 (4) the dwelling occupied by the owner is located in this state and is within 50 miles
29.19of one of the parcels of agricultural land that is owned by the taxpayer; and
29.20 (5) the owner notifies the county assessor that the relocation was due to the August
29.212007 floods, and the owner furnishes the assessor any information deemed necessary by
29.22the assessor in verifying the change in homestead dwelling. For taxes payable in 2009, the
29.23owner must notify the assessor by December 1, 2008. Further notifications to the assessor
29.24are not required if the property continues to meet all the requirements in this paragraph
29.25and any dwellings on the agricultural land remain uninhabited.
29.26 (j) Agricultural land and buildings that were class 2a homestead property under
29.27section
273.13, subdivision 23, paragraph (a), for the 2008 assessment shall remain
29.28classified as agricultural homesteads for subsequent assessments if:
29.29 (1) the property owner abandoned the homestead dwelling located on the agricultural
29.30homestead as a result of the March 2009 floods;
29.31 (2) the property is located in the county of Marshall;
29.32 (3) the agricultural land and buildings remain under the same ownership for the
29.33current assessment year as existed for the 2008 assessment year and continue to be used
29.34for agricultural purposes;
29.35 (4) the dwelling occupied by the owner is located in Minnesota and is within 50
29.36miles of one of the parcels of agricultural land that is owned by the taxpayer; and
30.1 (5) the owner notifies the county assessor that the relocation was due to the 2009
30.2floods, and the owner furnishes the assessor any information deemed necessary by the
30.3assessor in verifying the change in dwelling. Further notifications to the assessor are not
30.4required if the property continues to meet all the requirements in this paragraph and any
30.5dwellings on the agricultural land remain uninhabited.
30.6EFFECTIVE DATE.This section is effective for taxes payable in 2015 and
30.7thereafter.
30.8 Sec. 15. Minnesota Statutes 2012, section 273.124, subdivision 21, is amended to read:
30.9 Subd. 21.
Trust property; homestead. Real or personal property held by a trustee
30.10under a trust is eligible for classification as homestead property if the property satisfies the
30.11requirements of paragraph (a), (b), (c), or (d).
30.12 (a) The grantor or surviving spouse of the grantor of the trust occupies and uses the
30.13property as a homestead.
30.14 (b) A relative or surviving relative of the grantor who meets the requirements
30.15of subdivision 1, paragraph (c), in the case of residential real estate; or subdivision 1,
30.16paragraph (d), in the case of agricultural property, occupies and uses the property as
30.17a homestead.
30.18 (c) A family farm corporation, joint farm venture, limited liability company, or
30.19partnership operating a family farm in which the grantor or the grantor's surviving spouse
30.20is a shareholder, member, or partner rents the property; and, either (1) a shareholder,
30.21member, or partner of the corporation, joint farm venture, limited liability company, or
30.22partnership occupies and uses the property as a homestead
; or (2) the property is at least
30.2340 acres, including undivided government lots and correctional 40's, and a shareholder,
30.24member, or partner of the tenant-entity is actively farming the property on behalf of the
30.25corporation, joint farm venture, limited liability company, or partnership.
30.26 (d) A person who has received homestead classification for property taxes payable in
30.272000 on the basis of an unqualified legal right under the terms of the trust agreement to
30.28occupy the property as that person's homestead and who continues to use the property as
30.29a homestead
; or, a person who received the homestead classification for taxes payable
30.30in 2005 under paragraph (c) who does not qualify under paragraph (c) for taxes payable
30.31in 2006 or thereafter but who continues to qualify under paragraph (c) as it existed for
30.32taxes payable in 2005.
30.33 For purposes of this subdivision, "grantor" is defined as the person creating or
30.34establishing a testamentary, inter Vivos, revocable or irrevocable trust by written
30.35instrument or through the exercise of a power of appointment.
31.1EFFECTIVE DATE.This section is effective for taxes payable in 2015 and
31.2thereafter.
31.3 Sec. 16. Minnesota Statutes 2012, section 273.128, is amended by adding a subdivision
31.4to read:
31.5 Subd. 1a. Determination of property tax maximum. (a) Property taxes on the
31.6portion of a rental property certified as class 4d may not exceed ten percent of the gross
31.7potential rent for the calendar year in which an application is filed for the units that qualify
31.8for certification under this section. "Gross potential rent" means the maximum annual rent
31.9the owner of a property is authorized to charge for rental housing units subject to a legally
31.10binding rent restriction agreement, assuming that all of the units are occupied at all times.
31.11The Housing Finance Agency will adjust gross potential rent annually to the extent of and
31.12in accordance with changes in the rent restrictions set forth in the rent restriction agreement.
31.13 (b) In order to determine the gross potential rent for a rental property, a separate
31.14application must be filed with the Housing Finance Agency by March 31 of the assessment
31.15year to establish the maximum property taxes for the portion of a property certified under
31.16this section. In addition to the information required in subdivision 2, the application
31.17under this subdivision must include a true and correct copy of any regulatory agreements
31.18or other documents establishing the rent restrictions for the units eligible for class 4d
31.19classification, unless such documentation was provided to the Housing Finance Agency
31.20in a previous year and the owner certifies that the rent restrictions have not changed.
31.21The Housing Finance Agency may charge an application fee approximately equal to the
31.22costs of determining the gross potential rent for the property, any annual adjustments and
31.23processing, and reviewing the application. The applicant must pay the application fee to
31.24the Housing Finance Agency for deposit in the housing development fund. The application
31.25fee under this subdivision is in addition to the application fee under subdivision 2.
31.26 (c) By June 1 of each assessment year, the Housing Finance Agency must certify to
31.27the appropriate county or city assessors, the specific properties that are qualified for the
31.28maximum property tax limitation and the amount of the annual gross potential rent for the
31.29units in the building that qualify for class 4d certification. The auditor shall calculate the
31.30maximum property tax for the units that qualify based on the certification from the Housing
31.31Finance Agency for taxes payable the year following the assessment year certification.
31.32EFFECTIVE DATE.This section is effective beginning with assessment year 2015.
31.33 Sec. 17. Minnesota Statutes 2012, section 273.1398, subdivision 4, is amended to read:
32.1 Subd. 4.
Disparity reduction credit. (a) Beginning with taxes payable in 1989,
32.2class 4a and class 3a property qualifies for a disparity reduction credit if: (1) the property
32.3is located in a border city that has an enterprise zone, as defined in section
469.166; (2)
32.4the property is located in a city with a population greater than 2,500 and less than 35,000
32.5according to the 1980 decennial census; (3) the city is adjacent to a city in another state or
32.6immediately adjacent to a city adjacent to a city in another state; and (4) the adjacent city
32.7in the other state has a population of greater than 5,000 and less than 75,000 according to
32.8the 1980 decennial census.
32.9 (b) The credit is an amount sufficient to reduce (i) the taxes levied on class 4a
32.10property to
2.3 1.9 percent of the property's market value and (ii) the tax on class 3a
32.11property to
2.3 1.9 percent of market value.
32.12 (c) The county auditor shall annually certify the costs of the credits to the
32.13Department of Revenue. The department shall reimburse local governments for the
32.14property taxes forgone as the result of the credits in proportion to their total levies.
32.15EFFECTIVE DATE.This section is effective beginning with taxes payable in 2014.
32.16 Sec. 18. Minnesota Statutes 2012, section 275.025, subdivision 1, is amended to read:
32.17 Subdivision 1.
Levy amount. The state general levy is levied against
32.18commercial-industrial property and seasonal residential recreational property, as defined
32.19in this section. The state general levy base amount is $592,000,000 for taxes payable in
32.202002. For taxes payable in subsequent years
on seasonal residential recreational property,
32.21the levy base amount is increased each year by multiplying the levy base amount for
that
32.22class of property for the prior year by the sum of one plus the rate of increase, if any, in the
32.23implicit price deflator for government consumption expenditures and gross investment for
32.24state and local governments prepared by the Bureau of Economic Analysts of the United
32.25States Department of Commerce for the 12-month period ending March 31 of the year
32.26prior to the year the taxes are payable.
For taxes payable in 2014 and subsequent years
32.27on commercial-industrial property, the tax is imposed under this subdivision at the rate
32.28of the tax imposed under this subdivision for taxes payable in 2002. The tax under this
32.29section is not treated as a local tax rate under section
469.177 and is not the levy of a
32.30governmental unit under chapters 276A and 473F.
32.31The commissioner shall increase or decrease the preliminary or final rate for a year
32.32as necessary to account for errors and tax base changes that affected a preliminary or final
32.33rate for either of the two preceding years. Adjustments are allowed to the extent that the
32.34necessary information is available to the commissioner at the time the rates for a year must
32.35be certified, and for the following reasons:
33.1(1) an erroneous report of taxable value by a local official;
33.2(2) an erroneous calculation by the commissioner; and
33.3(3) an increase or decrease in taxable value for commercial-industrial or seasonal
33.4residential recreational property reported on the abstracts of tax lists submitted under
33.5section
275.29 that was not reported on the abstracts of assessment submitted under
33.6section
270C.89 for the same year.
33.7The commissioner may, but need not, make adjustments if the total difference in the tax
33.8levied for the year would be less than $100,000.
33.9EFFECTIVE DATE.This section is effective for taxes payable in 2014 and
33.10thereafter.
33.11 Sec. 19. Minnesota Statutes 2012, section 275.025, subdivision 2, is amended to read:
33.12 Subd. 2.
Commercial-industrial tax capacity. For the purposes of this section,
33.13"commercial-industrial tax capacity" means the tax capacity of all taxable property
33.14classified as class 3 or class 5(1) under section
273.13, except for
electric generation
33.15attached machinery under class 3 and property described in section
473.625. County
33.16commercial-industrial tax capacity amounts are not adjusted for the captured net tax
33.17capacity of a tax increment financing district under section
469.177, subdivision 2, the
33.18net tax capacity of transmission lines deducted from a local government's total net tax
33.19capacity under section
273.425, or fiscal disparities contribution and distribution net
33.20tax capacities under chapter 276A or 473F.
33.21EFFECTIVE DATE.This section is effective for taxes payable in 2014 and
33.22thereafter.
33.23 Sec. 20. Minnesota Statutes 2012, section 279.37, subdivision 1a, is amended to read:
33.24 Subd. 1a.
Class 3a property. (a) The delinquent taxes upon a parcel of property
33.25which was classified class 3a, for the previous year's assessment
and had a total market
33.26value of $500,000 or less for that same assessment shall be eligible to be composed into a
33.27confession of judgment
with the approval of the county auditor. Property qualifying under
33.28this subdivision shall be subject to the same provisions as provided in this section except
33.29as provided in paragraphs (b) to
(d) (f).
33.30 (b) Current year taxes and penalty due at the time the confession of judgment
33.31is entered must be paid.
33.32 (c) The down payment must include all special assessments due in the current tax
33.33year, all delinquent special assessments, and 20 percent of the ad valorem tax, penalties,
34.1and interest accrued against the parcel. The balance remaining is payable in four equal
34.2annual installments.
A municipality as defined in section 429.011, cities of the first class,
34.3and other special assessment authorities, who have certified special assessments against
34.4any parcel of property, may, through resolution, waive the requirement of payment of all
34.5current and delinquent special assessments at the time the confession is entered. If the
34.6municipality, city, or authority grants the waiver, 100 percent of all current year taxes,
34.7special assessments, and penalties due at the time, along with 20 percent of all delinquent
34.8taxes, special assessments, penalties, interest, and fees must be paid. The balance
34.9remaining shall be subject to and included in the installment plan.
34.10(d) When there are current and delinquent special assessments certified and billed
34.11against a parcel, the assessment authority or municipality as defined in section 429.011
34.12may abate under section 375.192, subdivision 2, all special assessments and the penalty
34.13and interest affiliated with the special assessments, and reassess the special assessments,
34.14penalties, and interest accrued thereon, under section 429.071, subdivision 2. The
34.15municipality shall notify the county auditor of its intent to reassess as a precondition
34.16to the entry of the confession of judgment. Upon the notice to abate and reassess, the
34.17municipality shall, through resolution, notify the county auditor to remove all current
34.18and delinquent special assessments and the accrued penalty and interest on the special
34.19assessments, and the payment of all or a portion of the current and delinquent assessments
34.20shall not be required as part of the down payment due at the time the confession of
34.21judgment is entered in accordance with paragraph (c).
34.22 (d) (e) The amounts entered in judgment bear interest at the rate provided in section
34.23279.03, subdivision 1a
, commencing with the date the judgment is entered. The interest
34.24rate is subject to change each year on the unpaid balance in the manner provided in section
34.25279.03, subdivision 1a
.
34.26(f) The county auditor may require conditions on properties including, but not
34.27limited to, environmental remediation action plan requirements, restrictions, or covenants,
34.28when considering a request for approval of eligibility for composition into a confession of
34.29judgment for delinquent taxes upon a parcel of property which was classified class 3a, for
34.30the previous year's assessment.
34.31 Sec. 21. Minnesota Statutes 2012, section 279.37, subdivision 2, is amended to read:
34.32 Subd. 2.
Installment payments. The owner of any such parcel, or any person to
34.33whom the right to pay taxes has been given by statute, mortgage, or other agreement, may
34.34make and file with the county auditor of the county in which the parcel is located a written
34.35offer to pay the current taxes each year before they become delinquent, or to contest the
35.1taxes under Minnesota Statutes 1941, sections
278.01 to
278.13, and agree to confess
35.2judgment for the amount provided, as determined by the county auditor. By filing the
35.3offer, the owner waives all irregularities in connection with the tax proceedings affecting
35.4the parcel and any defense or objection which the owner may have to the proceedings, and
35.5also waives the requirements of any notice of default in the payment of any installment or
35.6interest to become due pursuant to the composite judgment to be so entered.
Unless the
35.7property is subject to subdivision 1a, with the offer, the owner shall
(i) tender one-tenth of
35.8the amount of the delinquent taxes, costs, penalty, and interest, and
shall (ii) tender all
35.9current year taxes and penalty due at the time the confession of judgment is entered. In the
35.10offer, the owner shall agree to pay the balance in nine equal installments, with interest as
35.11provided in section
279.03, payable annually on installments remaining unpaid from time
35.12to time, on or before December 31 of each year following the year in which judgment
35.13was confessed. The offer must be substantially as follows:
35.14"To the court administrator of the district court of ........... county, I, .....................,
35.15am the owner of the following described parcel of real estate located in ....................
35.16county, Minnesota:
35.17.............................. Upon that real estate there are delinquent taxes for the year ........., and
35.18prior years, as follows: (here insert year of delinquency and the total amount of delinquent
35.19taxes, costs, interest, and penalty). By signing this document I offer to confess judgment in
35.20the sum of $...... and waive all irregularities in the tax proceedings affecting these taxes and
35.21any defense or objection which I may have to them, and direct judgment to be entered for
35.22the amount stated above, minus the sum of $............, to be paid with this document, which
35.23is one-tenth
or one-fifth of the amount of the taxes, costs, penalty, and interest stated above.
35.24I agree to pay the balance of the judgment in nine
or four equal, annual installments, with
35.25interest as provided in section
279.03, payable annually, on the installments remaining
35.26unpaid. I agree to pay the installments and interest on or before December 31 of each year
35.27following the year in which this judgment is confessed and current taxes each year before
35.28they become delinquent, or within 30 days after the entry of final judgment in proceedings
35.29to contest the taxes under Minnesota Statutes, sections
278.01 to
278.13.
35.30Dated .............., ......."
35.31 Sec. 22. Minnesota Statutes 2012, section 281.14, is amended to read:
35.32281.14 EXPIRATION OF TIME FOR REDEMPTION.
35.33The time for redemption from any tax sale, whether made to the state or to a private
35.34person, shall not expire until notice of expiration of redemption, as provided in section
35.35281.13 281.17, shall have been given.
36.1 Sec. 23. Minnesota Statutes 2012, section 281.17, is amended to read:
36.2281.17 PERIOD FOR REDEMPTION.
36.3Except for properties for which the period of redemption has been limited under
36.4sections
281.173 and
281.174, the following periods for redemption apply.
36.5The period of redemption for all lands sold to the state at a tax judgment sale shall
36.6be three years from the date of sale to the state of Minnesota
if the land is within an
36.7incorporated area unless it is: (a) nonagricultural homesteaded land as defined in section
36.8273.13, subdivision 22; (b) homesteaded agricultural land as defined in section
273.13,
36.9subdivision 23
, paragraph (a); or (c) seasonal residential recreational land as defined in
36.10section
273.13, subdivision 22, paragraph (c), or 25, paragraph (d), clause (1), for which
36.11the period of redemption is five years from the date of sale to the state of Minnesota.
36.12The period of redemption for homesteaded lands as defined in section
273.13,
36.13subdivision 22
, located in a targeted neighborhood as defined in Laws 1987, chapter 386,
36.14article 6, section 4, and sold to the state at a tax judgment sale is three years from the date
36.15of sale. The period of redemption for all lands located in a targeted neighborhood as
36.16defined in Laws 1987, chapter 386, article 6, section 4, except (1) homesteaded lands as
36.17defined in section
273.13, subdivision 22, and (2) for periods of redemption beginning
36.18after June 30, 1991, but before July 1, 1996, lands located in the Loring Park targeted
36.19neighborhood on which a notice of lis pendens has been served, and sold to the state at a
36.20tax judgment sale is one year from the date of sale.
36.21The period of redemption for all real property constituting a mixed municipal solid
36.22waste disposal facility that is a qualified facility under section
115B.39, subdivision 1, is
36.23one year from the date of the sale to the state of Minnesota.
36.24The period of redemption for all other lands sold to the state at a tax judgment
36.25sale shall be five years from the date of sale, except that the period of redemption for
36.26nonhomesteaded agricultural land as defined in section
273.13, subdivision 23, paragraph
36.27(b), shall be two years from the date of sale if at that time that property is owned by a
36.28person who owns one or more parcels of property on which taxes are delinquent, and the
36.29delinquent taxes are more than 25 percent of the prior year's school district levy.
36.30 Sec. 24. Minnesota Statutes 2012, section 290A.03, subdivision 3, is amended to read:
36.31 Subd. 3.
Income. (1) "Income" means the sum of the following:
36.32(a) federal adjusted gross income as defined in the Internal Revenue Code; and
36.33(b) the sum of the following amounts to the extent not included in clause (a):
36.34(i) all nontaxable income;
37.1(ii) the amount of a passive activity loss that is not disallowed as a result of section
37.2469, paragraph (i) or (m) of the Internal Revenue Code and the amount of passive activity
37.3loss carryover allowed under section 469(b) of the Internal Revenue Code;
37.4(iii) an amount equal to the total of any discharge of qualified farm indebtedness
37.5of a solvent individual excluded from gross income under section 108(g) of the Internal
37.6Revenue Code;
37.7(iv) cash public assistance and relief;
37.8(v) any pension or annuity (including railroad retirement benefits, all payments
37.9received under the federal Social Security Act, Supplemental Security Income, and
37.10veterans benefits), which was not exclusively funded by the claimant or spouse, or which
37.11was funded exclusively by the claimant or spouse and which funding payments were
37.12excluded from federal adjusted gross income in the years when the payments were made;
37.13(vi) interest received from the federal or a state government or any instrumentality
37.14or political subdivision thereof;
37.15(vii) workers' compensation;
37.16(viii) nontaxable strike benefits;
37.17(ix) the gross amounts of payments received in the nature of disability income or
37.18sick pay as a result of accident, sickness, or other disability, whether funded through
37.19insurance or otherwise;
37.20(x) a lump-sum distribution under section 402(e)(3) of the Internal Revenue Code of
37.211986, as amended through December 31, 1995;
37.22(xi) contributions made by the claimant to an individual retirement account,
37.23including a qualified voluntary employee contribution; simplified employee pension plan;
37.24self-employed retirement plan; cash or deferred arrangement plan under section 401(k)
37.25of the Internal Revenue Code; or deferred compensation plan under section 457 of the
37.26Internal Revenue Code;
37.27(xii) nontaxable scholarship or fellowship grants;
37.28(xiii) the amount of deduction allowed under section 199 of the Internal Revenue
37.29Code;
37.30(xiv) the amount of deduction allowed under section 220 or 223 of the Internal
37.31Revenue Code;
37.32(xv) the amount of tuition expenses required to be added to income under section
37.33290.01, subdivision 19a
, clause (12);
37.34(xvi) the amount deducted for certain expenses of elementary and secondary school
37.35teachers under section 62(a)(2)(D) of the Internal Revenue Code; and
37.36(xvii) unemployment compensation.
38.1In the case of an individual who files an income tax return on a fiscal year basis, the
38.2term "federal adjusted gross income" shall mean federal adjusted gross income reflected
38.3in the fiscal year ending in the calendar year. Federal adjusted gross income shall not be
38.4reduced by the amount of a net operating loss carryback or carryforward or a capital loss
38.5carryback or carryforward allowed for the year.
38.6(2) "Income" does not include:
38.7(a) amounts excluded pursuant to the Internal Revenue Code, sections 101(a) and 102;
38.8(b) amounts of any pension or annuity which was exclusively funded by the claimant
38.9or spouse and which funding payments were not excluded from federal adjusted gross
38.10income in the years when the payments were made;
38.11(c) surplus food or other relief in kind supplied by a governmental agency;
38.12(d) relief granted under this chapter;
38.13(e) child support payments received under a temporary or final decree of dissolution
38.14or legal separation; or
38.15(f) restitution payments received by eligible individuals and excludable interest as
38.16defined in section 803 of the Economic Growth and Tax Relief Reconciliation Act of
38.172001, Public Law 107-16.
38.18(3)
The sum of the following amounts may be subtracted from income A claimant,
38.19other than one who has rent constituting property taxes, may subtract from income the
38.20sum of the following amounts:
38.21(a) for the claimant's first dependent, the exemption amount multiplied by 1.4;
38.22(b) for the claimant's second dependent, the exemption amount multiplied by 1.3;
38.23(c) for the claimant's third dependent, the exemption amount multiplied by 1.2;
38.24(d) for the claimant's fourth dependent, the exemption amount multiplied by 1.1;
38.25(e) for the claimant's fifth dependent, the exemption amount; and
38.26(f) if the claimant or claimant's spouse
who occupies the homestead was disabled
38.27or attained the age of 65 on or before December 31 of the year for which the taxes were
38.28levied or rent paid, the exemption amount.
38.29(4) A claimant who has rent constituting property taxes may subtract from income
38.30the sum of the following amounts:
38.31(a) for the claimant's first dependent, the exemption amount multiplied by 1.5;
38.32(b) for the claimant's second dependent, the exemption amount multiplied by 1.4;
38.33(c) for the claimant's third dependent, the exemption amount multiplied by 1.3;
38.34(d) for the claimant's fourth dependent, the exemption amount multiplied by 1.2;
38.35(e) for the claimant's fifth dependent, the exemption amount multiplied by 1.1;
39.1(f) if the claimant was disabled or attained the age of 65 on or before December 31
39.2of the year for which the rent constituting property taxes was paid, the exemption amount
39.3times 1.5; and
39.4(g) if the claimant's spouse who occupies the homestead was disabled or attained the
39.5age of 65 on or before December 31 of the year for which the rent constituting property
39.6taxes were paid, the exemption amount.
39.7For purposes of this subdivision, the "exemption amount" means the exemption
39.8amount under section 151(d) of the Internal Revenue Code for the taxable year for which
39.9the income is reported.
39.10EFFECTIVE DATE.This section is effective beginning with refunds based on rent
39.11constituting property taxes paid after December 31, 2012.
39.12 Sec. 25. Minnesota Statutes 2012, section 290A.04, subdivision 2a, is amended to read:
39.13 Subd. 2a.
Renters. A claimant whose rent constituting property taxes exceeds the
39.14percentage of the household income stated below must pay an amount equal to the percent
39.15of income shown for the appropriate household income level along with the percent to
39.16be paid by the claimant of the remaining amount of rent constituting property taxes. The
39.17state refund equals the amount of rent constituting property taxes that remain, up to the
39.18maximum state refund amount shown below.
39.19
39.20
39.21
|
Household Income
|
Percent of Income
|
Percent Paid by
Claimant
|
Maximum
State
Refund
|
|
|
|
|
|
|
39.22
39.23
|
$0 to 3,589
4,910
|
1.0 percent
|
5 percent
|
$
|
1,190
1,790
|
39.24
39.25
|
3,590 to 4,779
4,911 to 6,530
|
1.0 percent
|
10
5 percent
|
$
|
1,190
1,790
|
39.26
39.27
|
4,780 to 5,969
6,531 to 8,160
|
1.1 percent
|
10
5 percent
|
$
|
1,190
1,790
|
39.28
39.29
|
5,970 to 8,369
8,161 to 11,440
|
1.2 percent
|
10
5 percent
|
$
|
1,190
1,790
|
39.30
39.31
|
8,370 to 10,759
11,441 to 14,710
|
1.3 percent
|
15
10 percent
|
$
|
1,190
1,790
|
39.32
39.33
|
10,760 to 11,949
14,711 to 16,340
|
1.4 percent
|
15
10 percent
|
$
|
1,190
1,790
|
39.34
39.35
|
11,950 to 13,139
16,341 to 17,960
|
1.4 percent
|
20
15 percent
|
$
|
1,190
1,790
|
39.36
39.37
|
13,140 to 15,539
17,961 to 21,240
|
1.5 percent
|
20
15 percent
|
$
|
1,190
1,790
|
39.38
39.39
|
15,540 to 16,729
21,241 to 22,870
|
1.6 percent
|
20
15 percent
|
$
|
1,190
1,790
|
40.1
40.2
|
16,730 to 17,919
22,871 to 24,500
|
1.7 percent
|
25
20 percent
|
$
|
1,190
1,790
|
40.3
40.4
|
17,920 to 20,319
24,501 to 27,780
|
1.8 percent
|
25
20 percent
|
$
|
1,190
1,790
|
40.5
40.6
|
20,320 to 21,509
27,781 to 29,400
|
1.9 percent
|
30
25 percent
|
$
|
1,190
1,790
|
40.7
40.8
|
21,510 to 22,699
29,401 to 31,030
|
2.0 percent
|
30
25 percent
|
$
|
1,190
1,790
|
40.9
40.10
|
22,700 to 23,899
31,031 to 32,670
|
2.2 percent
|
30
25 percent
|
$
|
1,190
1,790
|
40.11
40.12
|
23,900 to 25,089
32,671 to 34,300
|
2.4 percent
|
30
25 percent
|
$
|
1,190
1,790
|
40.13
40.14
|
25,090 to 26,289
34,301 to 35,940
|
2.6 percent
|
35
30 percent
|
$
|
1,190
1,790
|
40.15
40.16
|
26,290 to 27,489
35,941 to 37,580
|
2.7 percent
|
35
30 percent
|
$
|
1,190
1,790
|
40.17
40.18
|
27,490 to 28,679
37,581 to 39,200
|
2.8 percent
|
35
30 percent
|
$
|
1,190
1,790
|
40.19
40.20
|
28,680 to 29,869
39,201 to 40,830
|
2.9 percent
|
40
35 percent
|
$
|
1,190
1,790
|
40.21
40.22
|
29,870 to 31,079
40,831 to 42,490
|
3.0 percent
|
40
35 percent
|
$
|
1,190
1,790
|
40.23
40.24
|
31,080 to 32,269
42,491 to 44,110
|
3.1 percent
|
40
35 percent
|
$
|
1,190
1,790
|
40.25
40.26
|
32,270 to 33,459
44,111 to 45,740
|
3.2 percent
|
40
35 percent
|
$
|
1,190
1,790
|
40.27
40.28
|
33,460 to 34,649
45,741 to 47,370
|
3.3 percent
|
45
40 percent
|
$
|
1,080
1,630
|
40.29
40.30
|
34,650 to 35,849
47,371 to 49,010
|
3.4 percent
|
45
40 percent
|
$
|
960
1,440
|
40.31
40.32
|
35,850 to 37,049
49,011 to 50,650
|
3.5 percent
|
45
40 percent
|
$
|
830
1,240
|
40.33
40.34
|
37,050 to 38,239
50,651 to 52,270
|
3.5 percent
|
50
45 percent
|
$
|
720
1,080
|
40.35
40.36
|
38,240 to 39,439
52,271 to 53,910
|
3.5 percent
|
50
45 percent
|
$
|
600
900
|
40.37
40.38
|
38,440 to 40,629
53,911 to 55,540
|
3.5 percent
|
50
45 percent
|
$
|
360
540
|
40.39
40.40
|
40,630 to 41,819
55,541 to 57,170
|
3.5 percent
|
50
45 percent
|
$
|
120
180
|
40.41The payment made to a claimant is the amount of the state refund calculated under
40.42this subdivision. No payment is allowed if the claimant's household income is
$41,820 or
40.43 more
than $57,170.
40.44EFFECTIVE DATE.This section is effective beginning with refunds based on rent
40.45constituting property taxes paid after December 31, 2012.
41.1 Sec. 26. Minnesota Statutes 2012, section 290A.04, subdivision 4, is amended to read:
41.2 Subd. 4.
Inflation adjustment. (a) Beginning for property tax refunds payable in
41.3calendar year 2002, the commissioner shall annually adjust the dollar amounts of the
41.4income thresholds and the maximum refunds under subdivisions 2 and 2a for inflation.
41.5The commissioner shall make the inflation adjustments in accordance with section 1(f) of
41.6the Internal Revenue Code, except that for purposes of this subdivision the percentage
41.7increase shall be determined as provided in this subdivision.
41.8(b) In adjusting the dollar amounts of the income thresholds and the maximum
41.9refunds under subdivision 2 for inflation, the percentage increase shall be determined from
41.10the year ending on June 30, 2011, to the year ending on June 30 of the year preceding that
41.11in which the refund is payable.
41.12(c) In adjusting the dollar amounts of the income thresholds and the maximum
41.13refunds under subdivision 2a for inflation, the percentage increase shall be determined
41.14from the year ending on June 30,
2000 2013, to the year ending on June 30 of the year
41.15preceding that in which the refund is payable.
41.16(d) The commissioner shall use the appropriate percentage increase to annually
41.17adjust the income thresholds and maximum refunds under subdivisions 2 and 2a for
41.18inflation without regard to whether or not the income tax brackets are adjusted for inflation
41.19in that year. The commissioner shall round the thresholds and the maximum amounts,
41.20as adjusted to the nearest $10 amount. If the amount ends in $5, the commissioner shall
41.21round it up to the next $10 amount.
41.22(e) The commissioner shall annually announce the adjusted refund schedule at the
41.23same time provided under section
290.06. The determination of the commissioner under
41.24this subdivision is not a rule under the Administrative Procedure Act.
41.25EFFECTIVE DATE.This section is effective beginning with refunds based on
41.26rent paid after December 31, 2013.
41.27 Sec. 27. Minnesota Statutes 2012, section 290C.02, subdivision 6, is amended to read:
41.28 Subd. 6.
Forest land. "Forest land" means land containing a minimum of 20
41.29contiguous acres for which the owner has implemented a forest management plan that was
41.30prepared or updated within the past ten years by an approved plan writer. For purposes of
41.31this subdivision, acres are considered to be contiguous even if they are separated by a road,
41.32waterway, railroad track, or other similar intervening property. At least 50 percent of the
41.33contiguous acreage must meet the definition of forest land in section
88.01, subdivision
41.347
. For the purposes of sections
290C.01 to
290C.11, forest land does not include (i)
41.35land used for residential or agricultural purposes, (ii) land enrolled in the reinvest in
42.1Minnesota program, a state or federal conservation reserve or easement reserve program
42.2under sections
103F.501 to
103F.531, the Minnesota agricultural property tax law under
42.3section
273.111, or land subject to agricultural land preservation controls or restrictions
42.4as defined in section
40A.02 or under the Metropolitan Agricultural Preserves Act under
42.5chapter 473H,
or (iii)
land exceeding 60,000 acres that is subject to a single conservation
42.6easement funded under section 97A.056 or a comparable permanent easement conveyed
42.7to a governmental nonprofit entity; or (iv) any land that becomes subject to a conservation
42.8easement funded under section 97A.056 or a comparable permanent easement conveyed to
42.9a governmental or nonprofit entity after the effective date of this act; or (v) land improved
42.10with a structure, pavement, sewer, campsite, or any road, other than a township road, used
42.11for purposes not prescribed in the forest management plan.
42.12EFFECTIVE DATE.This section is effective for calculations made in 2013 and
42.13thereafter.
42.14 Sec. 28. Minnesota Statutes 2012, section 290C.03, is amended to read:
42.15290C.03 ELIGIBILITY REQUIREMENTS.
42.16(a) Land may be enrolled in the sustainable forest incentive program under this
42.17chapter if all of the following conditions are met:
42.18(1) the land consists of at least 20 contiguous acres and at least 50 percent of the
42.19land must meet the definition of forest land in section
88.01, subdivision 7, during the
42.20enrollment;
42.21(2) a forest management plan for the land must be prepared by an approved plan
42.22writer and implemented during the period in which the land is enrolled;
42.23(3) timber harvesting and forest management guidelines must be used in conjunction
42.24with any timber harvesting or forest management activities conducted on the land during
42.25the period in which the land is enrolled;
42.26(4) the land must be enrolled for a minimum of eight years;
42.27(5) there are no delinquent property taxes on the land; and
42.28(6) claimants enrolling more than 1,920 acres in the sustainable forest incentive
42.29program must allow year-round, nonmotorized access to fish and wildlife resources
and
42.30motorized access on established and maintained roads and trails, unless the road or trail is
42.31temporarily closed for safety, natural resource, or road damage reasons on enrolled land
42.32except within one-fourth mile of a permanent dwelling or during periods of high fire
42.33hazard as determined by the commissioner of natural resources.
43.1(b) Claimants required to allow access under paragraph (a), clause (6), do not by
43.2that action:
43.3(1) extend any assurance that the land is safe for any purpose;
43.4(2) confer upon the person the legal status of an invitee or licensee to whom a duty
43.5of care is owed; or
43.6(3) assume responsibility for or incur liability for any injury to the person or property
43.7caused by an act or omission of the person.
43.8EFFECTIVE DATE.This section is effective for calculations made in 2013 and
43.9thereafter.
43.10 Sec. 29. Minnesota Statutes 2012, section 290C.055, is amended to read:
43.11290C.055 LENGTH OF COVENANT.
43.12(a) The covenant remains in effect for a minimum of eight years. If land is removed
43.13from the program before it has been enrolled for four years, the covenant remains in
43.14effect for eight years from the date recorded.
43.15(b) If land that has been enrolled for four years or more is removed from the program
43.16for any reason, there is a waiting period before the covenant terminates. The covenant
43.17terminates on January 1 of the fifth calendar year that begins after the date that:
43.18(1) the commissioner receives notification from the claimant that the claimant wishes
43.19to remove the land from the program under section
290C.10; or
43.20(2) the date that the land is removed from the program under section
290C.11.
43.21(c) Notwithstanding the other provisions of this section, the covenant is terminated
:
43.22(1) at the same time that the land is removed from the program due to acquisition of
43.23title or possession for a public purpose under section
290C.10; or
43.24(2) at the request of the claimant after a reduction in payments due to changes in the
43.25payment formula under section 290C.07.
43.26EFFECTIVE DATE.This section is effective for calculations made in 2013 and
43.27thereafter.
43.28 Sec. 30. Minnesota Statutes 2012, section 290C.07, is amended to read:
43.29290C.07 CALCULATION OF INCENTIVE PAYMENT.
43.30 (a) An approved claimant under the sustainable forest incentive program is eligible
43.31to receive an annual payment. The payment shall equal
$7 $7.25 per acre for each acre
43.32enrolled in the sustainable forest incentive program.
44.1(b) The annual payment for each Social Security number or state or federal business
44.2tax identification number must not exceed $100,000.
44.3EFFECTIVE DATE.This section is effective for calculations made in 2013 and
44.4thereafter.
44.5 Sec. 31. Minnesota Statutes 2012, section 428A.101, is amended to read:
44.6428A.101 DEADLINE FOR SPECIAL SERVICE DISTRICT UNDER
44.7GENERAL LAW.
44.8The establishment of a new special service district after June 30,
2013 2018, requires
44.9enactment of a special law authorizing the establishment.
44.10EFFECTIVE DATE.This section is effective the day following final enactment.
44.11 Sec. 32. Minnesota Statutes 2012, section 428A.21, is amended to read:
44.12428A.21 DEADLINE FOR HOUSING IMPROVEMENT DISTRICTS UNDER
44.13GENERAL LAW.
44.14The establishment of a new housing improvement area after June 30,
2013 2018,
44.15requires enactment of a special law authorizing the establishment of the area.
44.16EFFECTIVE DATE.This section is effective the day following final enactment.
44.17 Sec. 33. Minnesota Statutes 2012, section 435.19, subdivision 2, is amended to read:
44.18 Subd. 2.
State property. In the case of property owned by the state or any
44.19instrumentality thereof, the governing body of the city or town
may must determine
44.20the amount that would have been assessed had the land been privately owned.
Such
44.21 The determination shall be made only after the governing body has held a hearing on
44.22the proposed assessment after at least two weeks' notice of the hearing has been given
44.23by registered or certified mail to the head of the instrumentality, department or agency
44.24having jurisdiction over the property.
The instrumentality, department, or agency may,
44.25after consultation and agreement by the governing body of the city or town, pay an
44.26amount less than the amount determined. The amount thus determined may be paid by
44.27the instrumentality, department or agency from available funds. If no funds are available
44.28and such instrumentality, department or agency is supported in whole or in part by
44.29appropriations from the general fund, then it shall include in its next budget request the
44.30amount thus determined.
No instrumentality, department or agency shall be bound by the
44.31determination of the governing body and may pay from available funds or recommend
45.1payment in such lesser amount as it determines is the measure of the benefit received by
45.2the land from the improvement.
45.3EFFECTIVE DATE.This section is effective for assessment year 2013 and
45.4thereafter, for taxes payable in 2014 and thereafter.
45.5 Sec. 34. Minnesota Statutes 2012, section 435.19, is amended by adding a subdivision
45.6to read:
45.7 Subd. 6. Appropriation. (a) There is annually appropriated from the general
45.8fund and credited to the agency assessment account in the special revenue fund,
45.9$5,000,000 in fiscal year 2014 and each year thereafter. Money in the agency assessment
45.10account is appropriated annually to the commissioner of revenue for grants to reimburse
45.11instrumentalities, departments, or agencies for payment of special assessments, as required
45.12under subdivision 2.
45.13(b) Of the amounts appropriated in paragraph (a), the commissioner shall first
45.14allocate $2,000,000 in fiscal year 2014 only to the city of Moose Lake to reimburse for
45.15payments related to connection of state facilities to the sewer line.
45.16(c) Notwithstanding the allocation under paragraph (b), the commissioner shall
45.17distribute the reimbursements equally between the metropolitan area and greater Minnesota.
45.18EFFECTIVE DATE.This section is effective July 1, 2013.
45.19 Sec. 35. Minnesota Statutes 2012, section 473F.08, is amended by adding a subdivision
45.20to read:
45.21 Subd. 3c. Bloomington computation. Effective for property taxes payable in
45.222014 through taxes payable in 2023, after the Hennepin County auditor has computed
45.23the areawide portion of the levy for the city of Bloomington pursuant to subdivision 3,
45.24clause (a), the auditor shall annually add $4,000,000 to the city of Bloomington's areawide
45.25portion of the levy. The total areawide portion of the levy for the city of Bloomington,
45.26including the additional $4,000,000 certified pursuant to this subdivision shall be certified
45.27by the Hennepin County auditor to the administrative auditor pursuant to subdivision 5.
45.28The Hennepin County auditor shall distribute to the city of Bloomington the additional
45.29areawide portion of the levy computed pursuant to this subdivision at the same time
45.30that payments are made to the other counties pursuant to subdivision 7a. The additional
45.31distribution to the city of Bloomington under this subdivision terminates effective for
45.32taxes payable year 2023.
46.1EFFECTIVE DATE.This section is effective for taxes payable years 2014 through
46.22023.
46.3 Sec. 36. Laws 1988, chapter 645, section 3, as amended by Laws 1999, chapter 243,
46.4article 6, section 9, Laws 2000, chapter 490, article 6, section 15, and Laws 2008, chapter
46.5154, article 2, section 30, is amended to read:
46.6 Sec. 3.
TAX; PAYMENT OF EXPENSES.
46.7 (a) The tax levied by the hospital district under Minnesota Statutes, section
447.34,
46.8must not be levied at a rate that exceeds the amount authorized to be levied under that
46.9section. The proceeds of the tax may be used for all purposes of the hospital district,
46.10except as provided in paragraph (b).
46.11 (b) 0.015 percent of taxable market value of the tax in paragraph (a) may be used
46.12solely by the Cook ambulance service and the Orr ambulance service for the purpose of
46.13capital expenditures as it relates to:
46.14(1) ambulance acquisitions for the Cook ambulance service and the Orr ambulance
46.15service
and not;
46.16(2) attached and portable equipment for use in and for the ambulances; and
46.17(3) parts and replacement parts for maintenance and repair of the ambulances.
46.18The money may not be used for administrative
, operation, or salary expenses.
46.19 (c) The part of the levy referred to in paragraph (b) must be administered by the
46.20Cook Hospital and passed on
in equal amounts directly to the Cook area ambulance
46.21service board and the city of Orr to be
held in trust until funding for a new ambulance is
46.22needed by either the Cook ambulance service or the Orr ambulance service used for the
46.23purposes in paragraph (b).
46.24 Sec. 37. Laws 1999, chapter 243, article 6, section 11, is amended to read:
46.25 Sec. 11.
CEMETERY LEVY FOR SAWYER BY CARLTON COUNTY.
46.26 Subdivision 1. Levy authorized. Notwithstanding other law to the contrary, the
46.27Carlton county board of commissioners may
annually levy in and for the unorganized
46.28township of Sawyer an amount
up to $1,000 annually for cemetery purposes
, beginning
46.29with taxes payable in 2000 and ending with taxes payable in 2009.
46.30 Subd. 2. Effective date. This section is effective June 1, 1999, without local
46.31approval.
46.32EFFECTIVE DATE.This section applies to taxes payable in 2014 and thereafter,
46.33and is effective the day after the Carlton county board of commissioners and its chief
47.1clerical officer timely complete their compliance with Minnesota Statutes, section
47.2645.021, subdivisions 2 and 3.
47.3 Sec. 38. Laws 2008, chapter 366, article 5, section 33, the effective date, is amended to
47.4read:
47.5EFFECTIVE DATE.This section is effective for taxes levied in 2008, payable in
47.62009, and is repealed effective for taxes levied in
2013 2018, payable in
2014 2019,
47.7and thereafter.
47.8EFFECTIVE DATE.This section is effective beginning with taxes payable in 2014.
47.9 Sec. 39. Laws 2010, chapter 389, article 1, section 12, the effective date, is amended to
47.10read:
47.11EFFECTIVE DATE.This section is effective for assessment years 2010
and 2011
47.12 through 2016, for taxes payable in 2011
and 2012 through 2017.
47.13EFFECTIVE DATE.This section is effective for assessment years 2012 through
47.142016.
47.15 Sec. 40.
REIMBURSEMENT FOR PROPERTY TAX ABATEMENTS;
47.16APPROPRIATION.
47.17 Subdivision 1. Reimbursement. The commissioner of revenue shall reimburse
47.18taxing jurisdictions for property tax abatements granted in Hennepin County under Laws
47.192011, First Special Session chapter 7, article 5, section 13, notwithstanding the time limits
47.20contained in that section. The reimbursements must be made to each taxing jurisdiction
47.21pursuant to the certification of the Hennepin County auditor.
47.22 Subd. 2. Appropriation. In fiscal year 2014 only, $336,000 is appropriated to the
47.23commissioner of revenue from the general fund to make the payments required in this
47.24section.
47.25EFFECTIVE DATE.This section is effective the day following final enactment.
47.26 Sec. 41.
ST. PAUL BALL PARK, PROPERTY TAX EXEMPTION; SPECIAL
47.27ASSESSMENT.
47.28Any real or personal property acquired, owned, leased, controlled, used, or occupied
47.29by the city of St. Paul for the primary purpose of providing a ball park for a minor league
47.30baseball team is declared to be acquired, owned, leased, controlled, used, and occupied for
48.1public, governmental, and municipal purposes, and is exempt from ad valorem taxation
48.2by the state or any political subdivision of the state, provided that the properties are
48.3subject to special assessments levied by a political subdivision for a local improvement in
48.4amounts proportionate to and not exceeding the special benefit received by the properties
48.5from the improvement. In determining the special benefit received by the properties, no
48.6possible use of any of the properties in any manner different from their intended use
48.7for providing a minor league ballpark at the time may be considered. Notwithstanding
48.8Minnesota Statutes, section
272.01, subdivision 2, or
273.19, real or personal property
48.9subject to a lease or use agreement between the city and another person for uses related to
48.10the purposes of the operation of the ballpark and related parking facilities is exempt from
48.11taxation regardless of the length of the lease or use agreement. This section, insofar as it
48.12provides an exemption or special treatment, does not apply to any real property that is
48.13leased for residential, business, or commercial development or other purposes different
48.14from those necessary to the provision and operation of the ball park.
48.15EFFECTIVE DATE.This section is effective the day after compliance by the
48.16governing body of the city of St. Paul with Minnesota Statutes, section 645.021,
48.17subdivisions 2 and 3.
48.18 Sec. 42.
PUBLIC ENTERTAINMENT FACILITY; PROPERTY TAX
48.19EXEMPTION; SPECIAL ASSESSMENT.
48.20Any real or personal property acquired, owned, leased, controlled, used, or occupied
48.21by the city of Minneapolis for the primary purpose of providing an arena for a professional
48.22basketball team is declared to be acquired, owned, leased, controlled, used, and occupied
48.23for public, governmental, and municipal purposes, and is exempt from ad valorem taxation
48.24by the state or any political subdivision of the state, provided that the properties are
48.25subject to special assessments levied by a political subdivision for a local improvement in
48.26amounts proportionate to and not exceeding the special benefit received by the properties
48.27from the improvement. In determining the special benefit received by the properties, no
48.28possible use of any of the properties in any manner different from their intended use for
48.29providing a professional basketball arena at the time may be considered. Notwithstanding
48.30Minnesota Statutes, section
272.01, subdivision 2, or
273.19, real or personal property
48.31subject to a lease or use agreement between the city and another person for uses related to
48.32the purposes of the operation of the arena and related parking facilities is exempt from
48.33taxation regardless of the length of the lease or use agreement. This section, insofar as
48.34it provides an exemption or special treatment, does not apply to any real property that
49.1is leased for residential, business, or commercial development, or for other purposes
49.2different from those necessary to the provision and operation of the arena.
49.3EFFECTIVE DATE.This section is effective the day after compliance by the
49.4governing body of the city of Minneapolis with Minnesota Statutes, section 645.021,
49.5subdivisions 2 and 3.
49.6 Sec. 43.
PUBLIC ENTERTAINMENT FACILITY; CONSTRUCTION
49.7MANAGER AT RISK.
49.8(a) For any real or personal property acquired, owned, leased, controlled, used, or
49.9occupied by the city of Minneapolis for the primary purpose of providing an arena for
49.10a professional basketball team, the city of Minneapolis may contract for construction,
49.11materials, supplies, and equipment in accordance with Minnesota Statutes, section
49.12471.345, except that the city may employ or contract with persons, firms, or corporations
49.13to perform one or more or all of the functions of an engineer, architect, construction
49.14manager, or program manager with respect to all or any part of a project to renovate,
49.15refurbish, and remodel the arena under either the traditional design-bid-build or
49.16construction manager at risk, or a combination thereof.
49.17(b) The city may prepare a request for proposals for one or more of the functions
49.18described in paragraph (a). The request must be published in a newspaper of general
49.19circulation. The city may prequalify offerors by issuing a request for qualifications, in
49.20advance of the request for proposals, and select a short list of responsible offerors to
49.21submit proposals.
49.22(c) As provided in the request for proposals, the city may conduct discussions and
49.23negotiations with responsible offerors in order to determine which proposal is most
49.24advantageous to the city and to negotiate the terms of an agreement. In conducting
49.25discussions, there shall be no disclosure of any information derived from proposals
49.26submitted by competing offerors and the content of all proposals is nonpublic data under
49.27Minnesota Statutes, chapter 13, until such time as a notice to award a contract is given
49.28by the city.
49.29(d) Upon agreement on the guaranteed maximum price, the construction manager
49.30or program manager may enter into contracts with subcontractors for labor, materials,
49.31supplies, and equipment for the renovation project through the process of public bidding,
49.32except that the construction manager or program manager may, with the consent of the city:
49.33(1) narrow the listing of eligible bidders to those that the construction manager
49.34or program manager determines to possess sufficient expertise to perform the intended
49.35functions;
50.1(2) award contracts to the subcontractors that the construction manager or program
50.2manager determines provide the best value under a request for proposals, as described
50.3in Minnesota Statutes, section 16C.28, subdivision 1, paragraph (a), clause (2)(c), that
50.4are not required to be the lowest responsible bidder; and
50.5(3) for work the construction manager or program manager determines to be
50.6critical to the completion schedule, perform work with its own forces without soliciting
50.7competitive bids or proposals, if the construction manager or program manager provides
50.8evidence of competitive pricing.
50.9EFFECTIVE DATE.This section is effective the day after compliance by the
50.10governing body of the city of Minneapolis with Minnesota Statutes, section 645.021,
50.11subdivisions 2 and 3.
50.12 Sec. 44.
MORATORIUM ON CHANGES IN ASSESSMENT PRACTICE.
50.13(a) An assessor may not deviate from current practices or policies used generally in
50.14assessing or determining the taxable status of property used in the production of biofuels,
50.15wine, beer, distilled beverages, or dairy products.
50.16(b) An assessor may not change the taxable status of any existing property involved
50.17in the industrial processes identified in paragraph (a), unless the change is made as a result
50.18of a change in the use of property, or to correct an error. For currently taxable properties,
50.19the assessor may change the estimated market value of the property.
50.20EFFECTIVE DATE.This section is effective for assessment years 2013 and 2014
50.21only.
50.22 Sec. 45.
STUDY AND REPORT ON CERTAIN PROPERTY USED IN
50.23BUSINESS AND PRODUCTION.
50.24In order to provide the legislature with information and recommendations related
50.25to the past, present, and future options for assessment of property used in business
50.26and production activities, the commissioner of revenue with the cooperation of the
50.27commissioners of agriculture and economic development must study the impact of
50.28alternative interpretations and application related to the real and personal property
50.29provisions contained in Minnesota Statutes, section 272.03, subdivisions 1 and 2. The
50.30commissioner must report a summary of findings and recommendations to the chairs and
50.31ranking minority members of the agriculture, energy, and tax committees of the senate and
50.32house of representatives by February 1, 2014. The commissioner shall provide for the
50.33involvement and participation stakeholders from the business and production industry in
51.1the study and recommendations. The study and recommendations shall include, but not
51.2be limited to:
51.3(1) the past and present tax application to process in the production of a product;
51.4(2) exemption from real property for process components of production such as
51.5tanks or containment vessels or other devices wherein a molecular, chemical, or biological
51.6change occurs such that the intended output from the production process is a different
51.7substance from that which was introduced into the tanks, vessels, or other devices
51.8and removal of a tank, device or vessel from the process that would stop or harm the
51.9production of the final intended product;
51.10(3) definitions for process equipment;
51.11(4) the potential economic and competitive impact in relation to other midwestern
51.12states;
51.13(5) the impact on state and local taxes from 2009 to the present and into the future;
51.14(6) the past, present, and future impact on business and production industries;
51.15(7) impact on Minnesota's renewable energy goal attainment; and
51.16(8) other elements considered important for legislative consideration.
51.17EFFECTIVE DATE.This section is effective the day following final enactment.
51.18 Sec. 46.
REENROLLMENT; SUSTAINABLE FOREST INCENTIVE
51.19PROGRAM.
51.20A person who elected to terminate participation in the sustainable forest incentive
51.21program, as provided in Laws 2011, First Special Session chapter 7, article 6, section 12,
51.22may reenroll lands for which the claimant terminated participation. A person must apply
51.23for reenrollment under this section within 60 days after the effective date of this section.
51.24EFFECTIVE DATE.This section is effective the day following final enactment.
51.25 Sec. 47.
PROPERTY TAX SAVINGS REPORT.
51.26(a) In addition to the certification of its proposed property tax levy under Minnesota
51.27Statutes, section 275.065, each city that has a population over 500 and each county shall
51.28also include the amount of sales and use tax paid, or was estimated to be paid, in 2012.
51.29(b) At the time the notice of the proposed property taxes is mailed as required under
51.30Minnesota Statutes, section 275.065, subdivision 3, the county treasurer shall also include
51.31a separate statement providing a list of sales and use tax certified by the county and cities
51.32within their jurisdiction.
52.1(c) At the public hearing required under Minnesota Statutes, section 275.065,
52.2subdivision 3, the county and city must discuss the estimated savings realized to their
52.3budgets that resulted from the sales tax exemption authorized under Minnesota Statutes,
52.4section 297A.70, subdivision 2, and how those savings will be used for property tax levy
52.5reductions, fee reductions, and other purposes as deemed appropriate.
52.6Reasonable costs of preparing the notice required in this section must be apportioned
52.7between taxing jurisdictions as follows:
52.8(1) one-half is allocated to the county; and
52.9(2) one-half is allocated among the cities.
52.10The amount allocated in clause (2) must be further apportioned among all the cities
52.11in the proportion that the number of parcels in the city bears to the number of parcels in all
52.12the cities that have populations over 500.
52.13EFFECTIVE DATE.This section is effective the day following final enactment,
52.14for taxes levied in 2013 and payable in 2014.
52.15 Sec. 48.
METROPOLITAN FISCAL DISPARITIES WORKING GROUP.
52.16(a) The commissioner of revenue shall convene a working group of interested
52.17individuals to examine the issues faced by local governments that are required to pay for
52.18services which are otherwise generally provided throughout the seven-county metropolitan
52.19area by the Metropolitan Council. The commissioner of revenue shall chair the initial
52.20meeting, and the working group shall elect a chair at that initial meeting. The working
52.21group will meet at the call of the chair, but must meet at least three times during the
52.22legislative interim. Members of the working group shall serve without compensation. The
52.23commissioner of revenue must provide administrative support to the working group.
52.24(b) The working group may make its advisory recommendations to the chairs of
52.25house of representatives and senate tax committees on or before February 1, 2014, at
52.26which time the working group shall expire.
52.27EFFECTIVE DATE.This section is effective the day following final enactment.
52.28 Sec. 49.
REPEALER.
52.29Minnesota Statutes 2012, section 275.025, subdivision 4, is repealed.
52.30EFFECTIVE DATE.This section is effective for taxes payable in 2014.
53.2EDUCATION AIDS AND LEVIES
53.3 Section 1. Minnesota Statutes 2012, section 124D.11, subdivision 1, is amended to read:
53.4 Subdivision 1.
General education revenue. (a) General education revenue must
53.5be paid to a charter school as though it were a district. The general education revenue
53.6for each adjusted
marginal cost pupil unit is the state average general education revenue
53.7per pupil unit, plus the referendum equalization aid allowance in the pupil's district of
53.8residence, minus an amount equal to the product of the formula allowance according
53.9to section
126C.10, subdivision 2, times
.0485 .0465, calculated without basic skills
53.10revenue, extended time revenue,
alternative teacher compensation revenue, equity
53.11revenue, pension adjustment revenue, transition revenue,
education advancement revenue,
53.12and transportation sparsity revenue, plus basic skills revenue, extended time revenue,
53.13basic alternative teacher compensation aid according to section
126C.10, subdivision 34,
53.14 equity revenue, pension adjustment revenue, and transition revenue as though the school
53.15were a school district. The general education revenue for each extended time
marginal
53.16cost pupil unit equals
$4,378 $4,722.
53.17(b) Notwithstanding paragraph (a), for charter schools in the first year of operation,
53.18general education revenue shall be computed using the number of adjusted pupil units
53.19in the current fiscal year.
53.20EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
53.21and later.
53.22 Sec. 2.
[124D.862] ACHIEVEMENT AND INTEGRATION REVENUE.
53.23 Subdivision 1. Eligibility. A school district is eligible for achievement and
53.24integration revenue under this section if the district has a biennial achievement and
53.25integration plan approved by the department under section 124D.861. Priority for funding
53.26must be given to eligible school districts that include methods that have been effective in
53.27reducing disparities in student achievement in the district's biennial plan.
53.28 Subd. 2. Achievement and integration revenue. (a) For fiscal year 2014, initial
53.29achievement and integration revenue for an eligible district equals the lesser of the
53.30district's expenditure for the fiscal year under its budget according to subdivision 1a or the
53.31greater of: (1) 90 percent of the district's integration revenue for fiscal year 2013 under
53.32Minnesota Statutes 2012, section 124D.86, or (2) the sum of: (i) $327 times the district's
53.33adjusted pupil units for the prior fiscal year computed using the pupil unit weights effective
53.34under section 126C.05 for fiscal year 2015 and later, times the district's enrollment of
54.1protected students as a percent of its total enrollment on October 1 of the prior fiscal year,
54.2plus (ii) $100 times the district's adjusted pupil units for the prior fiscal year computed
54.3using the pupil unit weights effective under section 126C.05 for fiscal year 2015 and later
54.4times the district's enrollment of protected students as a percent of its total enrollment on
54.5October 1 of the prior fiscal year times the district's focus rating for the prior fiscal year
54.6under Minnesota's 2012 Elementary and Secondary Education Act flexibility request.
54.7(b) For fiscal year 2015 and later, initial achievement and integration revenue for
54.8an eligible district equals the lesser of the district's expenditure for the fiscal year under
54.9its budget according to subdivision 1a or the greater of: (1) 63 percent of the district's
54.10integration revenue for fiscal year 2013 under Minnesota Statutes 2012, section 124D.86,
54.11or (2) the sum of: (i) $327 times the district's adjusted pupil units for the prior fiscal year
54.12computed using the pupil unit weights effective under section 126C.05 for fiscal year 2015
54.13and later, times the district's enrollment of protected students as a percent of its total
54.14enrollment on October 1 of the prior fiscal year, plus (ii) $100 times the district's adjusted
54.15pupil units for the prior fiscal year computed using the pupil unit weights effective under
54.16section 126C.05 for fiscal year 2015 and later, times the district's enrollment of protected
54.17students as a percent of its total enrollment on October 1 of the prior fiscal year times the
54.18district's focus rating for the prior fiscal year under Minnesota's 2012 Elementary and
54.19Secondary Education Act flexibility request.
54.20(c) In each year, .02 percent of each district's initial achievement and integration
54.21revenue is transferred to the Department of Education for the oversight and accountability
54.22activities required under this section and section 124D.861.
54.23(d) A district that did not meet its achievement goals established in section 124D.861
54.24for the previous biennium must report to the commissioner the reasons why the goals were
54.25not met. The district must submit a two-year improvement plan to achieve the unmet goals
54.26from its achievement and integration plan. A district that does not meet its goals in the
54.27improvement plan must have its initial achievement and integration revenue reduced by
54.2820 percent for the current year.
54.29(e) Any revenue saved by the reductions in paragraph (d) must be proportionately
54.30reallocated on a per adjusted pupil unit basis to all districts that met their achievement
54.31goals in the previous biennium.
54.32 Subd. 3. Achievement and integration aid. A district's achievement and
54.33integration aid for fiscal year 2014 and later equals the difference between the district's
54.34achievement and integration revenue and its achievement and integration levy.
54.35 Subd. 4. Achievement and integration levy. For fiscal year 2014 and later,
54.36a district may levy an amount equal to 30 percent of the district's achievement and
55.1integration revenue as defined in subdivision 2. The Department of Education must adjust
55.2the levy for taxes payable in 2014 by the difference between the levy under this section
55.3and the amount levied by the district under Laws 2011, First Special Session chapter 11,
55.4article 2, section 49, paragraph (f).
55.5 Subd. 5. Revenue reserved. Integration revenue received under this section must
55.6be reserved and used only for the programs authorized in subdivision 6.
55.7 Subd. 6. Revenue uses. At least 80 percent of a district's achievement and
55.8integration revenue received under this section must be used for innovative and integrated
55.9learning environments, family engagement activities, and other approved programs
55.10providing direct services to students. Up to 20 percent of the revenue may be used for
55.11professional development and staff development activities, and not more than ten percent
55.12of this share of the revenue may be used for administrative expenditures.
55.13EFFECTIVE DATE.This section is effective for revenue for fiscal year 2014
55.14and later.
55.15 Sec. 3. Minnesota Statutes 2012, section 126C.10, subdivision 1, is amended to read:
55.16 Subdivision 1.
General education revenue. (a) For fiscal years 2013 and 2014, the
55.17general education revenue for each district equals the sum of the district's basic revenue,
55.18extended time revenue, gifted and talented revenue, small schools revenue, basic skills
55.19revenue, training and experience revenue, secondary sparsity revenue, elementary sparsity
55.20revenue, transportation sparsity revenue, total operating capital revenue, equity revenue,
55.21alternative teacher compensation revenue, and transition revenue.
55.22(b) For fiscal year 2015 and later, the general education revenue for each district
55.23equals the sum of the district's basic revenue, extended time revenue, gifted and talented
55.24revenue, declining enrollment revenue, small schools revenue, basic supplemental
55.25revenue, basic skills revenue, secondary sparsity revenue, elementary sparsity revenue,
55.26transportation sparsity revenue, total operating capital revenue, education advancement
55.27revenue, equity revenue, pension adjustment revenue, safe schools revenue, and transition
55.28revenue.
55.29 Sec. 4. Minnesota Statutes 2012, section 126C.10, subdivision 27, is amended to read:
55.30 Subd. 27.
District equity index. (a) A district's equity index equals
the greater
55.31of zero or the ratio of
the sum of the district equity gap amount to the regional equity
55.32gap amount $1,600 minus the district's referendum revenue under section 126C.17,
55.33subdivision 4, per adjusted pupil unit to $1,600.
56.1(b) A charter school's equity index equals the greater of zero or the ratio of $1,600
56.2minus the school's general education revenue attributable to referendum equalization aid
56.3under section 124D.11, subdivision 1, per adjusted pupil unit to $1,600.
56.4EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
56.5and later.
56.6 Sec. 5. Minnesota Statutes 2012, section 126C.10, is amended by adding a subdivision
56.7to read:
56.8 Subd. 37. Education advancement revenue. The education advancement revenue
56.9for each district equals the advancement allowance times the adjusted pupil units for the
56.10school year. The advancement allowance for fiscal year 2015 and later years is $300.
56.11EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
56.12and later.
56.13 Sec. 6. Minnesota Statutes 2012, section 126C.10, is amended by adding a subdivision
56.14to read:
56.15 Subd. 39. Education advancement levy. To obtain education advancement
56.16revenue, a district may levy an amount not more than the product of its education
56.17advancement revenue for the fiscal year times the lesser of one or the ratio of its
56.18referendum market value per resident pupil unit to the education advancement revenue
56.19equalizing factor. The education advancement revenue equalizing factor equals $785,000.
56.20If a district adopts a board resolution to levy less than the permitted levy, the district's
56.21education advancement aid shall be reduced proportionately.
56.22EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
56.23and later.
56.24 Sec. 7. Minnesota Statutes 2012, section 126C.10, is amended by adding a subdivision
56.25to read:
56.26 Subd. 40. Education advancement aid. For fiscal year 2015 and later, a school
56.27district's education advancement aid is the product of: (1) the difference between the
56.28district's education advancement revenue and the education advancement levy; times (2)
56.29the ratio of the actual amount levied to the permitted levy.
56.30EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
56.31and later.
57.1 Sec. 8. Minnesota Statutes 2012, section 126C.13, is amended by adding a subdivision
57.2to read:
57.3 Subd. 3c. General education levy; districts off the formula. (a) If the amount of
57.4the general education levy for a district exceeds the district's general education revenue,
57.5excluding equity revenue, transition revenue, and education advancement revenue, the
57.6amount of the general education levy must be limited to the district's general education
57.7revenue, excluding equity revenue, transition revenue, and education advancement revenue.
57.8 (b) A levy made according to this subdivision shall also be construed to be the levy
57.9made according to subdivision 3b.
57.10 Sec. 9. Minnesota Statutes 2012, section 126C.13, subdivision 4, is amended to read:
57.11 Subd. 4.
General education aid. (a) For fiscal years
2007 2013 and
later 2014 only,
57.12a district's general education aid is the sum of the following amounts:
57.13 (1) general education revenue, excluding equity revenue, total operating capital
57.14revenue, alternative teacher compensation revenue, and transition revenue;
57.15 (2) operating capital aid under section
126C.10, subdivision 13b;
57.16 (3) equity aid under section
126C.10, subdivision 30;
57.17 (4) alternative teacher compensation aid under section
126C.10, subdivision 36;
57.18 (5) transition aid under section
126C.10, subdivision 33;
57.19 (6) shared time aid under section
126C.01, subdivision 7;
57.20 (7) referendum aid under section
126C.17, subdivisions 7 and 7a; and
57.21 (8) online learning aid according to section
124D.096.
57.22(b) For fiscal year 2015 and later, a district's general education aid equals:
57.23(1) general education revenue, excluding equity revenue, transition revenue, and
57.24education advancement revenue, minus the general education levy, multiplied times the
57.25ratio of the actual amount of general education levied to the permitted general education
57.26levy; plus
57.27(2) equity aid under section 126C.10, subdivision 30; plus
57.28(3) transition aid under section 126C.10, subdivision 33; plus
57.29(4) education advancement aid under section 126C.10, subdivision 40; plus
57.30(5) shared time aid under section 126C.10, subdivision 7; plus
57.31(6) referendum aid under section 126C.17, subdivisions 7 and 7a; plus
57.32(7) online learning aid under section 124D.096.
57.33 Sec. 10. Minnesota Statutes 2012, section 126C.17, is amended to read:
57.34126C.17 REFERENDUM REVENUE.
58.1 Subdivision 1.
Referendum allowance. (a) For fiscal year 2003 and later, a district's
58.2initial referendum revenue allowance equals the sum of the allowance under section
58.3126C.16, subdivision 2, plus any additional allowance per resident marginal cost pupil
58.4unit authorized under subdivision 9 before May 1, 2001, for fiscal year 2002 and later,
58.5plus the referendum conversion allowance approved under subdivision 13, minus $415.
58.6For districts with more than one referendum authority, the reduction must be computed
58.7separately for each authority. The reduction must be applied first to the referendum
58.8conversion allowance and next to the authority with the earliest expiration date. A
58.9district's initial referendum revenue allowance may not be less than zero.
58.10(b) For fiscal year 2003, a district's referendum revenue allowance equals the initial
58.11referendum allowance plus any additional allowance per resident marginal cost pupil unit
58.12authorized under subdivision 9 between April 30, 2001, and December 30, 2001, for
58.13fiscal year 2003 and later.
58.14(c) For fiscal year 2004 and later, a district's referendum revenue allowance equals
58.15the sum of:
58.16(1) the product of (i) the ratio of the resident marginal cost pupil units the district
58.17would have counted for fiscal year 2004 under Minnesota Statutes 2002, section
126C.05,
58.18to the district's resident marginal cost pupil units for fiscal year 2004, times (ii) the initial
58.19referendum allowance plus any additional allowance per resident marginal cost pupil unit
58.20authorized under subdivision 9 between April 30, 2001, and May 30, 2003, for fiscal
58.21year 2003 and later, plus
58.22(2) any additional allowance per resident marginal cost pupil unit authorized under
58.23subdivision 9 after May 30, 2003, for fiscal year 2005 and later.
58.24(a) A district's initial referendum allowance for fiscal year 2015 equals the result of
58.25the following calculations:
58.26(1) multiply the referendum allowance the district would have received for fiscal
58.27year 2015 under section 126C.17, subdivision 1, based on elections held before July 1,
58.282013, by the resident marginal cost pupil units the district would have counted for fiscal
58.29year 2015 under section 126C.05;
58.30(2) add to the result of clause (1) the adjustment the district would have received
58.31under section 127A.47, subdivision 7, paragraphs (a), (b), and (c), based on elections
58.32held before July 1, 2013;
58.33(3) divide the result of clause (2) by the district's adjusted pupil units for fiscal
58.34year 2015, notwithstanding section 126C.05, subdivision 1, paragraph (d), calculated as
58.35though a kindergarten pupil not included in section 126C.05, subdivision 1, paragraph
58.36(c), is counted as 0.55 pupil units, and subtract $300; and
59.1(4) if the result of clause (3) is less than zero, set the allowance to zero.
59.2(b) A district's referendum allowance equals the sum of the district's initial
59.3referendum allowance for fiscal year 2015, plus any additional referendum allowance per
59.4adjusted pupil unit authorized after June 30, 2013, minus any allowances expiring in fiscal
59.5year 2016 or later. For a district with more than one referendum allowance for fiscal year
59.62015 under section 126C.17, the allowance calculated under paragraph (a) must be divided
59.7into components such that the same percentage of the district's allowance expires at the
59.8same time as the old allowances would have expired under section 126C.17.
59.9 Subd. 2.
Referendum allowance limit. (a) Notwithstanding subdivision 1, for fiscal
59.10year
2007 2015 and later, a district's referendum allowance
must not exceed the greater of:
59.11(1) the sum of: (i) a district's referendum allowance for fiscal year 1994 times 1.177
59.12times the annual inflationary increase as calculated under paragraph (b) plus (ii) its
59.13referendum conversion allowance for fiscal year 2003, minus (iii) $215;
59.14(2) the greater of (i): 26 percent of the formula allowance or (ii) $1,294 times is the
59.15base referendum amount calculated in paragraph (b) minus $300. A district's referendum
59.16allowance under this subdivision must not be less than zero.
59.17(b) The base referendum amount is the annual inflationary increase as calculated
59.18under paragraph (b)
; or times the greatest of:
59.19(1) $1,845;
59.20(2) the sum of the referendum revenue the district would have received for fiscal year
59.212015 under section 126C.17, subdivision 4, based on elections held before July 1, 2013,
59.22and the adjustment the district would have received under section 127A.47, subdivision
59.237, paragraphs (a), (b), and (c), based on elections held before July 1, 2013, divided by
59.24the district's adjusted pupil units for fiscal year 2015, notwithstanding section 126C.05,
59.25subdivision 1, paragraph (d), calculated as though a kindergarten pupil not included in
59.26section 126C.05, subdivision 1, paragraph (c), is counted as 0.55 pupil units; or
59.27(3) the product of the referendum allowance limit the district would have received
59.28for fiscal year 2015 under section 126C.17, subdivision 2, and the resident marginal cost
59.29pupil units the district would have received for fiscal year 2015 under section 126C.05,
59.30subdivision 6, plus the adjustment the district would have received under section 127A.47,
59.31subdivision 7, paragraphs (a), (b), and (c), based on elections held before July 1, 2013,
59.32divided by the district's adjusted pupil units for fiscal year 2015, notwithstanding section
59.33126C.05, subdivision 1, paragraph (d), calculated as though a kindergarten pupil not
59.34included in section 126C.05, subdivision 1, paragraph (c), is counted as 0.55 pupil units; or
60.1(3) (4) for a newly reorganized district created after July 1,
2006 2013, the referendum
60.2revenue authority for each reorganizing district in the year preceding reorganization divided
60.3by its
resident marginal cost adjusted pupil units for the year preceding reorganization.
60.4(b) (c) For purposes of this subdivision, for fiscal year
2005 2016 and later,
60.5"inflationary increase" means one plus the percentage change in the Consumer Price Index
60.6for urban consumers, as prepared by the United States Bureau of Labor Standards, for the
60.7current fiscal year to fiscal year
2004 2015. For fiscal
years 2009 year 2016 and later, for
60.8purposes of paragraph (a), clause
(1) (3), the inflationary increase equals
the inflationary
60.9increase for fiscal year 2008 plus one-fourth of the percentage increase in the formula
60.10allowance for that year compared with the formula allowance for fiscal year
2008 2015.
60.11 Subd. 3.
Sparsity exception. A district that qualifies for sparsity revenue under
60.12section
126C.10 is not subject to a referendum allowance limit.
60.13 Subd. 4.
Total referendum revenue. The total referendum revenue for each district
60.14equals the district's referendum allowance times the
resident marginal cost adjusted pupil
60.15units for the school year.
60.16 Subd. 5.
Referendum equalization revenue. (a)
For fiscal year 2003 and later,
60.17 A district's referendum equalization revenue equals the sum of the first tier referendum
60.18equalization revenue and the second tier referendum equalization revenue.
60.19(b) A district's first tier referendum equalization revenue equals the district's first
60.20tier referendum equalization allowance times the district's
resident marginal cost adjusted
60.21 pupil units for that year.
60.22(c)
For fiscal year 2006, a district's first tier referendum equalization allowance
60.23equals the lesser of the district's referendum allowance under subdivision 1 or $500. For
60.24fiscal year 2007, a district's first tier referendum equalization allowance equals the lesser
60.25of the district's referendum allowance under subdivision 1 or $600.
60.26For fiscal year 2008 and later, A district's first tier referendum equalization allowance
60.27equals the lesser of the district's referendum allowance under subdivision 1 or
$700 $775.
60.28(d) A district's second tier referendum equalization revenue equals the district's
60.29second tier referendum equalization allowance times the district's
resident marginal cost
60.30 adjusted pupil units for that year.
60.31(e)
For fiscal year 2006, a district's second tier referendum equalization allowance
60.32equals the lesser of the district's referendum allowance under subdivision 1 or 18.6 percent
60.33of the formula allowance, minus the district's first tier referendum equalization allowance.
60.34For fiscal year 2007 and later, A district's second tier referendum equalization allowance
60.35equals the lesser of the district's referendum allowance under subdivision 1 or
26 25 percent
60.36of the formula allowance, minus the district's first tier referendum equalization allowance.
61.1(f) Notwithstanding paragraph (e), the second tier referendum allowance for a
61.2district qualifying for secondary sparsity revenue under section
126C.10, subdivision 7, or
61.3elementary sparsity revenue under section
126C.10, subdivision 8, equals the district's
61.4referendum allowance under subdivision 1 minus the district's first tier referendum
61.5equalization allowance.
61.6 Subd. 6.
Referendum equalization levy. (a) For fiscal year 2003 and later,
61.7a district's referendum equalization levy equals the sum of the first tier referendum
61.8equalization levy and the second tier referendum equalization levy.
61.9(b) A district's first tier referendum equalization levy equals the district's first tier
61.10referendum equalization revenue times the lesser of one or the ratio of the district's
61.11referendum market value per resident
marginal cost pupil unit to
$476,000 $538,200.
61.12(c) A district's second tier referendum equalization levy equals the district's second
61.13tier referendum equalization revenue times the lesser of one or the ratio of the district's
61.14referendum market value per resident
marginal cost pupil unit to
$270,000 $259,415.
61.15 Subd. 7.
Referendum equalization aid. (a) A district's referendum equalization aid
61.16equals the difference between its referendum equalization revenue and levy.
61.17(b) If a district's actual levy for first or second tier referendum equalization revenue
61.18is less than its maximum levy limit for that tier, aid shall be proportionately reduced.
61.19(c) Notwithstanding paragraph (a), the referendum equalization aid for a district,
61.20where the referendum equalization aid under paragraph (a) exceeds 90 percent of the
61.21referendum revenue, must not exceed
26 25 percent of the formula allowance times the
61.22district's
resident marginal cost adjusted pupil units. A district's referendum levy is
61.23increased by the amount of any reduction in referendum aid under this paragraph.
61.24 Subd. 7a.
Referendum tax base replacement aid. For each school district that
61.25had a referendum allowance for fiscal year 2002 exceeding $415, for each separately
61.26authorized referendum levy, the commissioner of revenue, in consultation with the
61.27commissioner of education, shall certify the amount of the referendum levy in taxes
61.28payable year 2001 attributable to the portion of the referendum allowance exceeding $415
61.29levied against property classified as class 2, noncommercial 4c(1), or 4c(4), under section
61.30273.13
, excluding the portion of the tax paid by the portion of class 2a property consisting
61.31of the house, garage, and surrounding one acre of land. The resulting amount must be
61.32used to reduce the district's referendum levy amount otherwise determined, and must be
61.33paid to the district each year that the referendum authority remains in effect, is renewed,
61.34or new referendum authority is approved. The aid payable under this subdivision must
61.35be subtracted from the district's referendum equalization aid under subdivision 7. The
61.36referendum equalization aid after the subtraction must not be less than zero.
62.1 Subd. 7b. Referendum aid guarantee. (a) Notwithstanding subdivision 7, a
62.2district's referendum equalization aid for fiscal year 2015 must not be less than the sum of
62.3the referendum equalization aid the district would have received for fiscal year 2015 under
62.4section 126C.17, subdivision 7, and the adjustment the district would have received under
62.5section 127A.47, subdivision 7, paragraphs (a), (b), and (c).
62.6(b) Notwithstanding subdivision 7, referendum equalization aid for fiscal year 2016
62.7and later, for a district qualifying for additional aid under paragraph (a) for fiscal year
62.82015, must not be less than the product of (1) the district's referendum equalization aid
62.9for fiscal year 2015, times (2) the lesser of one or the ratio of the district's referendum
62.10revenue for that school year to the district's referendum revenue for fiscal year 2015, times
62.11(3) the lesser of one or the ratio of the district's referendum market value used for fiscal
62.12year 2015 referendum equalization calculations to the district's referendum market value
62.13used for that year's referendum equalization calculations.
62.14 Subd. 8.
Unequalized referendum levy. Each year, a district may levy an amount
62.15equal to the difference between its total referendum revenue according to subdivision 4
62.16and its referendum equalization revenue according to subdivision 5.
62.17 Subd. 9.
Referendum revenue. (a) The revenue authorized by section
126C.10,
62.18subdivision 1
, may be increased in the amount approved by the voters of the district
62.19at a referendum called for the purpose. The referendum may be called by the board.
62.20The referendum must be conducted one or two calendar years before the increased levy
62.21authority, if approved, first becomes payable. Only one election to approve an increase
62.22may be held in a calendar year. Unless the referendum is conducted by mail under
62.23subdivision 11, paragraph (a), the referendum must be held on the first Tuesday after the
62.24first Monday in November. The ballot must state the maximum amount of the increased
62.25revenue per
resident marginal cost adjusted pupil unit. The ballot may state a schedule,
62.26determined by the board, of increased revenue per
resident marginal cost adjusted pupil
62.27unit that differs from year to year over the number of years for which the increased revenue
62.28is authorized or may state that the amount shall increase annually by the rate of inflation.
62.29For this purpose, the rate of inflation shall be the annual inflationary increase calculated
62.30under subdivision 2, paragraph (b). The ballot may state that existing referendum levy
62.31authority is expiring. In this case, the ballot may also compare the proposed levy authority
62.32to the existing expiring levy authority, and express the proposed increase as the amount, if
62.33any, over the expiring referendum levy authority. The ballot must designate the specific
62.34number of years, not to exceed ten, for which the referendum authorization applies. The
62.35ballot, including a ballot on the question to revoke or reduce the increased revenue amount
62.36under paragraph (c), must abbreviate the term "per
resident marginal cost adjusted pupil
63.1unit" as "per pupil." The notice required under section
275.60 may be modified to read, in
63.2cases of renewing existing levies at the same amount per pupil as in the previous year:
63.3"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING
63.4TO EXTEND AN EXISTING PROPERTY TAX REFERENDUM THAT IS
63.5SCHEDULED TO EXPIRE."
63.6 The ballot may contain a textual portion with the information required in this
63.7subdivision and a question stating substantially the following:
63.8 "Shall the increase in the revenue proposed by (petition to) the board of .........,
63.9School District No. .., be approved?"
63.10 If approved, an amount equal to the approved revenue per
resident marginal cost
63.11 adjusted pupil unit times the
resident marginal cost adjusted pupil units for the school
63.12year beginning in the year after the levy is certified shall be authorized for certification
63.13for the number of years approved, if applicable, or until revoked or reduced by the voters
63.14of the district at a subsequent referendum.
63.15 (b) The board must prepare and deliver by first class mail at least 15 days but no more
63.16than 30 days before the day of the referendum to each taxpayer a notice of the referendum
63.17and the proposed revenue increase. The board need not mail more than one notice to any
63.18taxpayer. For the purpose of giving mailed notice under this subdivision, owners must be
63.19those shown to be owners on the records of the county auditor or, in any county where
63.20tax statements are mailed by the county treasurer, on the records of the county treasurer.
63.21Every property owner whose name does not appear on the records of the county auditor
63.22or the county treasurer is deemed to have waived this mailed notice unless the owner
63.23has requested in writing that the county auditor or county treasurer, as the case may be,
63.24include the name on the records for this purpose. The notice must project the anticipated
63.25amount of tax increase in annual dollars for typical residential homesteads, agricultural
63.26homesteads, apartments, and commercial-industrial property within the school district.
63.27 The notice for a referendum may state that an existing referendum levy is expiring
63.28and project the anticipated amount of increase over the existing referendum levy in
63.29the first year, if any, in annual dollars for typical residential homesteads, agricultural
63.30homesteads, apartments, and commercial-industrial property within the district.
63.31 The notice must include the following statement: "Passage of this referendum will
63.32result in an increase in your property taxes." However, in cases of renewing existing levies,
63.33the notice may include the following statement: "Passage of this referendum extends an
63.34existing operating referendum at the same amount per pupil as in the previous year."
63.35 (c) A referendum on the question of revoking or reducing the increased revenue
63.36amount authorized pursuant to paragraph (a) may be called by the board. A referendum to
64.1revoke or reduce the revenue amount must state the amount per resident marginal cost
64.2pupil unit by which the authority is to be reduced. Revenue authority approved by the
64.3voters of the district pursuant to paragraph (a) must be available to the school district at
64.4least once before it is subject to a referendum on its revocation or reduction for subsequent
64.5years. Only one revocation or reduction referendum may be held to revoke or reduce
64.6referendum revenue for any specific year and for years thereafter.
64.7 (d) The approval of 50 percent plus one of those voting on the question is required to
64.8pass a referendum authorized by this subdivision.
64.9 (e) At least 15 days before the day of the referendum, the district must submit a
64.10copy of the notice required under paragraph (b) to the commissioner and to the county
64.11auditor of each county in which the district is located. Within 15 days after the results
64.12of the referendum have been certified by the board, or in the case of a recount, the
64.13certification of the results of the recount by the canvassing board, the district must notify
64.14the commissioner of the results of the referendum.
64.15 Subd. 10.
School referendum levy; market value. A school referendum levy must
64.16be levied against the referendum market value of all taxable property as defined in section
64.17126C.01, subdivision 3
. Any referendum levy amount subject to the requirements of this
64.18subdivision must be certified separately to the county auditor under section
275.07.
64.19 Subd. 11.
Referendum date. (a) Except for a referendum held under paragraph (b),
64.20any referendum under this section held on a day other than the first Tuesday after the first
64.21Monday in November must be conducted by mail in accordance with section
204B.46.
64.22Notwithstanding subdivision 9, paragraph (b), to the contrary, in the case of a referendum
64.23conducted by mail under this paragraph, the notice required by subdivision 9, paragraph (b),
64.24must be prepared and delivered by first-class mail at least 20 days before the referendum.
64.25(b) In addition to the referenda allowed in subdivision 9, clause (a), the commissioner
64.26may grant authority to a district to hold a referendum on a different day if the district is in
64.27statutory operating debt and has an approved plan or has received an extension from the
64.28department to file a plan to eliminate the statutory operating debt.
64.29(c) The commissioner must approve, deny, or modify each district's request for a
64.30referendum levy on a different day within 60 days of receiving the request from a district.
64.31 Subd. 13.
Referendum conversion allowance. A school district that received
64.32supplemental or transition revenue in fiscal year 2002 may convert its supplemental
64.33revenue conversion allowance and transition revenue conversion allowance to additional
64.34referendum allowance under subdivision 1 for fiscal year 2003 and thereafter. A majority
64.35of the school board must approve the conversion at a public meeting before November 1,
64.362001. For a district with other referendum authority, the referendum conversion allowance
65.1approved by the board continues until the portion of the district's other referendum
65.2authority with the earliest expiration date after June 30, 2006, expires. For a district
65.3with no other referendum authority, the referendum conversion allowance approved by
65.4the board continues until June 30, 2012.
65.5EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
65.6and later.
65.7 Sec. 11.
DIRECTION TO THE COMMISSIONER.
65.8In computing the reduction to a school district's referendum allowance, the
65.9commissioner of education must first reduce a district's referendum allowance with the
65.10earliest expiration date and then, if necessary, reduce additional referendum authority
65.11allowances based on the next earliest expiration date.
65.12 Sec. 12.
OPERATING REFERENDUM FREEZE, FISCAL YEAR 2015.
65.13Notwithstanding Minnesota Statutes, section 126C.17, subdivision 9, a school district
65.14may not authorize an increase to its operating referendum in fiscal year 2015. A school
65.15district may reauthorize an operating referendum that is expiring in fiscal year 2015. If a
65.16school district asks the voters to reauthorize operating referendum authority that is expiring
65.17in fiscal year 2015, it may request a reauthorization of that expiring authority minus $300.
65.18 Sec. 13.
CURRENT YEAR AID PERCENTAGE; APPROPRIATION
65.19ADJUSTMENTS.
65.20(a) Notwithstanding Minnesota Statutes, section 127A.45, subdivision 2, paragraph
65.21(d), in fiscal year 2014 and later, the commissioner of education shall reduce the current
65.22year aid payment percentage under Minnesota Statutes, section 127A.45, subdivision
65.232, paragraph (d), by 0.2.
65.24(b) For fiscal year 2014 and later, the commissioner of education shall adjust all
65.25appropriations in 2013 Senate File No. 453, if enacted, that are calculated based on a
65.26current year aid payment percentage and a final adjustment payment to reflect the current
65.27year aid payment percentage, under Minnesota Statutes, section 127A.45, subdivision 2,
65.28paragraph (d), as modified by paragraph (a).
65.29 Sec. 14.
APPROPRIATIONS.
65.30 Subdivision 1. Department of Education. The sums indicated in this section are
65.31appropriated from the general fund to the Department of Education for the fiscal years
66.1designated and are in addition to any amounts appropriated in any other bill for the same
66.2purpose.
66.3 Subd. 2. General education aid. For general education aid under Minnesota
66.4Statutes, section 126C.13, subdivision 4:
66.5
|
|
$
|
36,460,000
|
.....
|
2014
|
66.6
|
|
$
|
54,765,000
|
.....
|
2015
|
66.7The 2014 appropriation includes $0 for fiscal year 2013 and $36,460,000 for fiscal
66.8year 2014.
66.9The 2015 appropriation includes $12,185,000 for fiscal year 2014 and $42,580,000
66.10for fiscal year 2015.
66.13 Section 1. Minnesota Statutes 2012, section 237.52, subdivision 3, is amended to read:
66.14 Subd. 3.
Collection. Every provider of services capable of originating a TRS call,
66.15including cellular communications and other nonwire access services, in this state shall
,
66.16except as provided in subdivision 3a, collect the charges established by the commission
66.17under subdivision 2 and transfer amounts collected to the commissioner of public
66.18safety in the same manner as provided in section
403.11, subdivision 1, paragraph (d).
66.19The commissioner of public safety must deposit the receipts in the fund established in
66.20subdivision 1.
66.21EFFECTIVE DATE.This section is effective January 1, 2014.
66.22 Sec. 2. Minnesota Statutes 2012, section 237.52, is amended by adding a subdivision
66.23to read:
66.24 Subd. 3a. Fee for prepaid wireless telecommunications service. The fee
66.25established in subdivision 2 does not apply to prepaid wireless telecommunications
66.26services as defined in section 403.02, subdivision 17b, which are instead subject to the
66.27prepaid wireless telecommunications access Minnesota fee established in section 403.161,
66.28subdivision 1, paragraph (b). Collection, remittance, and deposit of prepaid wireless
66.29telecommunications access Minnesota fees are governed by sections 403.161 and 403.162.
66.30EFFECTIVE DATE.This section is effective January 1, 2014.
66.31 Sec. 3. Minnesota Statutes 2012, section 270B.01, subdivision 8, is amended to read:
67.1 Subd. 8.
Minnesota tax laws. For purposes of this chapter only, unless expressly
67.2stated otherwise, "Minnesota tax laws" means:
67.3 (1) the taxes, refunds, and fees administered by or paid to the commissioner under
67.4chapters 115B, 289A (except taxes imposed under sections
298.01,
298.015, and
298.24),
67.5290, 290A, 291, 295, 297A, 297B,
and 297H,
and 403, or any similar Indian tribal tax
67.6administered by the commissioner pursuant to any tax agreement between the state and
67.7the Indian tribal government, and includes any laws for the assessment, collection, and
67.8enforcement of those taxes, refunds, and fees; and
67.9 (2) section
273.1315.
67.10EFFECTIVE DATE.This section is effective January 1, 2014.
67.11 Sec. 4. Minnesota Statutes 2012, section 270B.12, subdivision 4, is amended to read:
67.12 Subd. 4.
Department of Public Safety. The commissioner may disclose return
67.13information to the Department of Public Safety for the purpose of and to the extent
67.14necessary to administer
section sections
270C.725 and 403.16 to 403.162.
67.15EFFECTIVE DATE.This section is effective January 1, 2014.
67.16 Sec. 5. Minnesota Statutes 2012, section 270C.03, subdivision 1, is amended to read:
67.17 Subdivision 1.
Powers and duties. The commissioner shall have and exercise
67.18the following powers and duties:
67.19 (1) administer and enforce the assessment and collection of taxes;
67.20 (2) make determinations, corrections, and assessments with respect to taxes,
67.21including interest, additions to taxes, and assessable penalties;
67.22 (3) use statistical or other sampling techniques consistent with generally accepted
67.23auditing standards in examining returns or records and making assessments;
67.24 (4) investigate the tax laws of other states and countries, and formulate and submit
67.25to the legislature such legislation as the commissioner may deem expedient to prevent
67.26evasions of state revenue laws and to secure just and equal taxation and improvement in
67.27the system of state revenue laws;
67.28 (5) consult and confer with the governor upon the subject of taxation, the
67.29administration of the laws in regard thereto, and the progress of the work of the
67.30department, and furnish the governor, from time to time, such assistance and information
67.31as the governor may require relating to tax matters;
67.32 (6) execute and administer any agreement with the secretary of the treasury or the
67.33Bureau of Alcohol, Tobacco, Firearms and Explosives in the Department of Justice of the
68.1United States or a representative of another state regarding the exchange of information
68.2and administration of the state revenue laws;
68.3 (7) require town, city, county, and other public officers to report information as to the
68.4collection of taxes received from licenses and other sources, and such other information
68.5as may be needful in the work of the commissioner, in such form as the commissioner
68.6may prescribe;
68.7 (8) authorize the use of unmarked motor vehicles to conduct seizures or criminal
68.8investigations pursuant to the commissioner's authority;
68.9 (9)
authorize the participation in audits performed by the Multistate Tax Commission.
68.10For the purposes of chapter 270B, the Multistate Tax Commission will be considered to be
68.11a state for the purposes of auditing corporate sales, excise, and income tax returns.
68.12 (10) maintain toll-free telephone access for taxpayer assistance for calls from
68.13locations within the state; and
68.14 (10) (11) exercise other powers and authority and perform other duties required of or
68.15imposed upon the commissioner by law.
68.16EFFECTIVE DATE.This section is effective the day following final enactment.
68.17 Sec. 6. Minnesota Statutes 2012, section 270C.56, subdivision 1, is amended to read:
68.18 Subdivision 1.
Liability imposed. A person who, either singly or jointly with
68.19others, has the control of, supervision of, or responsibility for filing returns or reports,
68.20paying taxes, or collecting or withholding and remitting taxes and who fails to do so, or a
68.21person who is liable under any other law, is liable for the payment of taxes arising under
68.22chapters 295, 296A, 297A, 297F, and 297G, or sections
256.9658, 290.92, and
297E.02,
68.23and the applicable penalties and interest on those taxes.
68.24EFFECTIVE DATE.This section is effective July 1, 2013.
68.25 Sec. 7. Minnesota Statutes 2012, section 287.05, is amended by adding a subdivision
68.26to read:
68.27 Subd. 10. Hennepin and Ramsey County. For properties located in Hennepin and
68.28Ramsey County, the county may impose an additional mortgage registry tax as defined in
68.29sections 383A.80 and 383B.80.
68.30EFFECTIVE DATE.This section is effective for all deeds and mortgages
68.31acknowledged on or after July 1, 2013.
68.32 Sec. 8.
[287.40] HENNEPIN AND RAMSEY COUNTY.
69.1 For properties located in Hennepin or Ramsey County, the county may impose an
69.2additional deed tax as defined in sections 383A.80 and 383B.80.
69.3EFFECTIVE DATE.This section is effective for all deeds and mortgages
69.4acknowledged on or after July 1, 2013.
69.5 Sec. 9.
[295.61] SPORTS MEMORABILIA GROSS RECEIPTS TAX.
69.6 Subdivision 1. Definitions. (a) For purposes of this section, the following terms
69.7have the meanings given, unless the context clearly indicates otherwise.
69.8(b) "Commissioner" means the commissioner of revenue.
69.9(c) "Sale" means a transfer of title or possession of tangible personal property,
69.10whether absolutely or conditionally.
69.11(d) "Sports memorabilia" means items available for sale to the public that are sold
69.12under a license granted by any professional or Collegiate Division I sports league or
69.13association, a team that is a franchise of a professional sports league or association, or
69.14a team that is an affiliate or subsidiary of a professional sports league or association,
69.15including:
69.16(1) one-of-a-kind items related to sports figures, teams, or events;
69.17(2) trading cards;
69.18(3) photographs;
69.19(4) clothing;
69.20(5) sports event licensed items;
69.21(6) sports equipment; and
69.22(7) similar items, but not food or beverage items.
69.23(e) "Wholesale" or "sale at wholesale" means a sale to a retailer, as defined in
69.24section 297A.61, subdivision 9, for the purpose of reselling the property to a third party.
69.25Wholesale does not mean a sale to a wholesaler.
69.26(f) "Wholesaler" means any person making wholesale sales of sports memorabilia
69.27to purchasers in the state.
69.28 Subd. 2. Imposition. A tax is imposed on each sale at wholesale of sports
69.29memorabilia equal to 13 percent of the gross revenues from the sale.
69.30 Subd. 3. Quarterly returns. Each wholesaler must file quarterly returns and make
69.31payments by April 18 for the quarter ending March 31; July 18 for the quarter ending June
69.3230; October 18 for the quarter ending September 30; and January 18 of the following
69.33calendar year for the quarter ending December 31.
69.34 Subd. 4. Compensating use tax. If the tax is not paid under subdivision 2, a
69.35compensating tax is imposed on a retailer or possessor for sale of sports memorabilia in
70.1the state. The rate of tax equals the rate under subdivision 2 and must be paid by the
70.2retailer or possessor for sale of the items.
70.3 Subd. 5. Allocation for youth sports. Five percent of the revenue collected
70.4under subdivision 2 is appropriated to the commissioner for grants to counties for youth
70.5and amateur sports.
70.6 Subd. 6. Administrative provisions. Unless specifically provided otherwise by this
70.7section, the relevant audit, assessment, refund, penalty, interest, enforcement, collection
70.8remedies, appeal, and administrative provisions of chapters 270C and 289A apply to
70.9taxes imposed under this section.
70.10 Subd. 7. Disposition of revenues. The commissioner shall deposit the revenues
70.11from the tax, less the amount allocated in under subdivision 5, in the general fund.
70.12EFFECTIVE DATE.This section is effective for sales and purchases made after
70.13June 30, 2013.
70.14 Sec. 10. Minnesota Statutes 2012, section 296A.09, subdivision 2, is amended to read:
70.15 Subd. 2.
Jet fuel and special fuel tax imposed. There is imposed an excise tax
70.16of
the same rate 15 cents per gallon
as the aviation gasoline on all jet fuel or special
70.17fuel received, sold, stored, or withdrawn from storage in this state, for use as substitutes
70.18for aviation gasoline and not otherwise taxed as gasoline. Jet fuel is defined in section
70.19296A.01, subdivision 8
.
70.20EFFECTIVE DATE.This section is effective July 1, 2014, and applied to sales
70.21and purchases made on or after that date.
70.22 Sec. 11. Minnesota Statutes 2012, section 296A.17, subdivision 3, is amended to read:
70.23 Subd. 3.
Refund on graduated basis. Any person who has directly or indirectly
70.24paid the excise tax on aviation gasoline or special fuel for aircraft use
provided for by this
70.25chapter under subdivision 2, and the airflight property tax under section 270.72, shall, as
70.26to all such aviation gasoline and special fuel received, stored, or withdrawn from storage
70.27by the person in this state in any calendar year and not sold or otherwise disposed of to
70.28others, or intended for sale or other disposition to others, on which such tax has been so
70.29paid, be entitled to the following graduated reductions in such tax for that calendar year, to
70.30be obtained by means of the following refunds:
70.31(1) on each gallon of such aviation gasoline or special fuel up to 50,000 gallons, all
70.32but five cents per gallon;
71.1(2) on each gallon of such aviation gasoline or special fuel above 50,000 gallons and
71.2not more than 150,000 gallons, all but two cents per gallon;
71.3(3) on each gallon of such aviation gasoline or special fuel above 150,000 gallons
71.4and not more than 200,000 gallons, all but one cent per gallon;
71.5(4) on each gallon of such aviation gasoline or special fuel above 200,000, all but
71.6one-half cent per gallon.
71.7EFFECTIVE DATE.This section is effective July 1, 2014, and applied to sales
71.8and purchases made on or after that date.
71.9 Sec. 12. Minnesota Statutes 2012, section 297A.82, subdivision 4, is amended to read:
71.10 Subd. 4.
Exemptions. (a) The following transactions are exempt from the tax
71.11imposed in this chapter to the extent provided.
71.12(b) The purchase or use of aircraft previously registered in Minnesota by a
71.13corporation or partnership is exempt if the transfer constitutes a transfer within the
71.14meaning of section 351 or 721 of the Internal Revenue Code.
71.15(c) The sale to or purchase, storage, use, or consumption by a licensed aircraft dealer
71.16of an aircraft for which a commercial use permit has been issued pursuant to section
71.17360.654
is exempt, if the aircraft is resold while the permit is in effect.
71.18(d) Air flight equipment when sold to, or purchased, stored, used, or consumed by
71.19airline companies, as defined in section
270.071, subdivision 4, is exempt. For purposes
71.20of this subdivision, "air flight equipment" includes airplanes and parts necessary for the
71.21repair and maintenance of such air flight equipment, and flight simulators, but does
71.22not include airplanes with a gross weight of less than 30,000 pounds that are used on
71.23intermittent or irregularly timed flights.
71.24(e) Sales of, and the storage, distribution, use, or consumption of aircraft, as defined
71.25in section
360.511 and approved by the Federal Aviation Administration, and which the
71.26seller delivers to a purchaser outside Minnesota or which, without intermediate use, is
71.27shipped or transported outside Minnesota by the purchaser are exempt, but only if the
71.28purchaser is not a resident of Minnesota and provided that the aircraft is not thereafter
71.29returned to a point within Minnesota, except in the course of interstate commerce or
71.30isolated and occasional use, and will be registered in another state or country upon its
71.31removal from Minnesota. This exemption applies even if the purchaser takes possession of
71.32the aircraft in Minnesota and uses the aircraft in the state exclusively for training purposes
71.33for a period not to exceed ten days prior to removing the aircraft from this state.
71.34(f) The sale or purchase of the following items that relate to aircraft operated under
71.35Federal Aviation Regulations, Parts 91 and 135, and associated installation charges:
72.1equipment and parts necessary for repair and maintenance of aircraft; and equipment
72.2and parts to upgrade and improve aircraft.
72.3EFFECTIVE DATE.This section is effective July 1, 2014, and applied to sales
72.4and purchases made on or after that date.
72.5 Sec. 13. Minnesota Statutes 2012, section 297A.82, is amended by adding a
72.6subdivision to read:
72.7 Subd. 4a. Deposit in state airports fund. Tax revenue collected from the sale or
72.8purchase of an aircraft taxable under this chapter must be deposited in the state airports
72.9fund, established in section 360.017.
72.10EFFECTIVE DATE.This section is effective July 1, 2014, and applied to sales
72.11and purchases made on or after that date.
72.12 Sec. 14. Minnesota Statutes 2012, section 297E.02, subdivision 1, is amended to read:
72.13 Subdivision 1.
Imposition. (a) A tax is imposed on all lawful gambling other than
72.14(1) paper or electronic pull-tab deals or games; (2) tipboard deals or games; (3) electronic
72.15linked bingo; and (4) items listed in section
297E.01, subdivision 8, clauses (4) and (5), at
72.16the rate of 8.5 percent on the gross receipts as defined in section
297E.01, subdivision 8,
72.17less prizes actually paid.
72.18(b) A tax is imposed on the conduct of paper pull-tabs, at the rate of 9 percent on
72.19the gross receipts as defined in section 297E.01, subdivision 8, less prizes actually paid.
72.20The tax imposed under this paragraph applies only to an organization that conducts lawful
72.21gambling in a location where at least 50 percent of its annual gross receipts are received
72.22from paper bingo as of January 1, 2013.
72.23(c) The tax imposed by this subdivision is in lieu of the tax imposed by section
72.24297A.62
and all local taxes and license fees except a fee authorized under section
349.16,
72.25subdivision 8
, or a tax authorized under subdivision 5.
72.26(d) The tax imposed under this subdivision is payable by the organization or party
72.27conducting, directly or indirectly, the gambling.
72.28EFFECTIVE DATE.This section is effective July 1, 2013.
72.29 Sec. 15. Minnesota Statutes 2012, section 297E.02, subdivision 6, is amended to read:
72.30 Subd. 6.
Combined net receipts tax. (a) In addition to the taxes imposed under
72.31subdivision 1, a tax is imposed on the combined receipts of the organization. As used in
72.32this section, "combined net receipts" is the sum of the organization's gross receipts from
73.1lawful gambling less gross receipts directly derived from the conduct of paper bingo,
73.2raffles, and paddle wheels, as defined in section
297E.01, subdivision 8, and less the net
73.3prizes actually paid, other than prizes actually paid for paper bingo, raffles, and paddle
73.4wheels, for the fiscal year. The combined net receipts of an organization are subject to a
73.5tax computed according to the following schedule:
73.6
73.7
73.8
|
|
If the combined net
receipts for the fiscal year
are:
|
|
The tax is:
|
|
73.9
|
|
Not over $87,500
|
|
nine percent
|
|
73.10
73.11
|
|
Over $87,500, but not over
$122,500
|
|
$7,875 plus 18 percent of the amount
over $87,500, but not over $122,500
|
|
73.12
73.13
|
|
Over $122,500, but not
over $157,500
|
|
$14,175 plus 27 percent of the amount
over $122,500, but not over $157,500
|
|
73.14
73.15
|
|
Over $157,500
|
|
$23,625 plus 36 percent of the
amount over $157,500
|
|
73.16(b) On or before April 1, 2016, the commissioner shall estimate the total amount of
73.17revenue, including interest and penalties, that will be collected for fiscal year 2016 from
73.18taxes imposed under this chapter. If the amount estimated by the commissioner equals
73.19or exceeds $94,800,000, the commissioner shall certify that effective July 1, 2016, the
73.20rates under this paragraph apply in lieu of the rates under paragraph (a) and shall publish a
73.21notice to that effect in the State Register and notify each taxpayer by June 1, 2016. If the
73.22rates under this section apply, the combined net receipts of an organization are subject to a
73.23tax computed according to the following schedule:
73.24
73.25
73.26
|
|
If the combined net
receipts for the fiscal year
are:
|
|
The tax is:
|
|
73.27
|
|
Not over $87,500
|
|
8.5 percent
|
|
73.28
73.29
|
|
Over $87,500, but not over
$122,500
|
|
$7,438 plus 17 percent of the amount
over $87,500, but not over $122,500
|
|
73.30
73.31
73.32
|
|
Over $122,500, but not
over $157,500
|
|
$13,388 plus 25.5 percent of the
amount over $122,500, but not over
$157,500
|
|
73.33
73.34
|
|
Over $157,500
|
|
$22,313 plus 34 percent of the
amount over $157,500
|
|
73.35(c) Gross receipts derived from sports-themed tipboards are exempt from taxation
73.36under this section. For purposes of this paragraph, a sports-themed tipboard means a
73.37sports-themed tipboard as defined in section
349.12, subdivision 34, under which the
73.38winning numbers are determined by the numerical outcome of a professional sporting event.
73.39(d) If an organization conducts lawful gambling in a location where, as of January 1,
73.402013, at least 50 percent of its annual gross receipts are derived from paper bingo, the
74.1organization is exempt from taxation under this subdivision with respect to its receipts
74.2from paper pull-tabs.
74.3EFFECTIVE DATE.This section is effective July 1, 2013.
74.4 Sec. 16. Minnesota Statutes 2012, section 297F.01, is amended by adding a subdivision
74.5to read:
74.6 Subd. 9b. Little cigar. "Little cigar" means any roll for smoking made in whole or
74.7in part of tobacco if the product is wrapped in a substance containing tobacco other than
74.8natural leaf tobacco, uses an integrated cellulose acetate or other similar filter, and weighs
74.9not more than 4-1/2 pounds per thousand.
74.10EFFECTIVE DATE.This section is effective July 1, 2013.
74.11 Sec. 17. Minnesota Statutes 2012, section 297F.01, is amended by adding a subdivision
74.12to read:
74.13 Subd. 10b. Moist snuff. "Moist snuff" means any finely cut, ground, or powdered
74.14smokeless tobacco that is intended to be placed or dipped in the mouth.
74.15EFFECTIVE DATE.This section is effective July 1, 2013.
74.16 Sec. 18. Minnesota Statutes 2012, section 297F.01, is amended by adding a subdivision
74.17to read:
74.18 Subd. 13a. Premium cigar. "Premium cigar" means any cigar that is
74.19hand-constructed and hand-rolled, has a wrapper that is made entirely from whole tobacco
74.20leaf, has a filler and binder that is made entirely of tobacco, except for adhesives or other
74.21materials used to maintain size, texture, or flavor, and has a wholesale price of no less
74.22than $2.
74.23EFFECTIVE DATE.This section is effective July 1, 2013.
74.24 Sec. 19. Minnesota Statutes 2012, section 297F.01, subdivision 19, is amended to read:
74.25 Subd. 19.
Tobacco products. (a) "Tobacco products" means any product
74.26containing, made, or derived from tobacco that is intended for human consumption,
74.27whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by
74.28any other means, or any component, part, or accessory of a tobacco product, including,
74.29but not limited to, cigars; little cigars; cheroots; stogies; periques; granulated, plug cut,
74.30crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug
75.1and twist tobacco; fine-cut and other chewing tobacco; shorts; refuse scraps, clippings,
75.2cuttings and sweepings of tobacco, and other kinds and forms of tobacco; but does not
75.3include cigarettes as defined in this section. Tobacco products excludes any tobacco
75.4product that has been approved by the United States Food and Drug Administration for
75.5sale as a tobacco cessation product, as a tobacco dependence product, or for other medical
75.6purposes, and is being marketed and sold solely for such an approved purpose.
75.7(b) Except for the imposition of tax under section 297F.05, subdivisions 3 and 4,
75.8tobacco products includes a premium cigar, as defined in subdivision 13a.
75.9EFFECTIVE DATE.This section is effective July 1, 2013.
75.10 Sec. 20. Minnesota Statutes 2012, section 297F.05, subdivision 1, is amended to read:
75.11 Subdivision 1.
Rates; cigarettes. A tax is imposed upon the sale of cigarettes in
75.12this state, upon having cigarettes in possession in this state with intent to sell, upon any
75.13person engaged in business as a distributor, and upon the use or storage by consumers, at
75.14the following rates:
75.15(1) on cigarettes weighing not more than three pounds per thousand,
24 108.5 mills
,
75.16or 10.85 cents, on each such cigarette; and
75.17(2) on cigarettes weighing more than three pounds per thousand,
48 217 mills
, or
75.1821.7 cents, on each such cigarette.
75.19EFFECTIVE DATE.This section is effective July 1, 2013.
75.20 Sec. 21. Minnesota Statutes 2012, section 297F.05, is amended by adding a subdivision
75.21to read:
75.22 Subd. 1a. Annual indexing. (a) Each year the commissioner shall adjust the
75.23tax rates under subdivision 1, including any adjustment made in prior years under this
75.24subdivision, by multiplying the mill rates for the current calendar year by an adjustment
75.25factor. The adjustment factor equals the in-lieu sales tax rate that applies to the following
75.26calendar year divided by the in-lieu sales tax rate for the current calendar year. For
75.27purposes of this subdivision, "in-lieu sales tax rate" means the tax rate established under
75.28section 297F.25, subdivision 1, rounded to 1/100 of one cent per cigarette.
75.29 (b) The commissioner shall publish the resulting rate by November 1 and the rate
75.30applies to sales made on or after January 1 of the following year.
75.31(c) The determination of the commissioner under this subdivision is not a rule and is
75.32not subject to the Administrative Procedure Act in chapter 14.
75.33EFFECTIVE DATE.This section is effective July 1, 2013.
76.1 Sec. 22. Minnesota Statutes 2012, section 297F.05, subdivision 3, is amended to read:
76.2 Subd. 3.
Rates; tobacco products. (a) Except as provided in subdivision 3a, a tax is
76.3imposed upon all tobacco products in this state and upon any person engaged in business
76.4as a distributor, at the rate of
35 90 percent of the wholesale sales price of the tobacco
76.5products. The tax is imposed at the time the distributor:
76.6(1) brings, or causes to be brought, into this state from outside the state tobacco
76.7products for sale;
76.8(2) makes, manufactures, or fabricates tobacco products in this state for sale in
76.9this state; or
76.10(3) ships or transports tobacco products to retailers in this state, to be sold by those
76.11retailers.
76.12(b) Notwithstanding paragraph (a), a minimum tax equal to the rate imposed on a pack
76.13of 20 cigarettes weighing not more than three pounds per thousand, as established under
76.14subdivision 1, and adjusted by subdivision 1a, is imposed on each container of moist snuff.
76.15For purposes of this subdivision, a "container" means the smallest consumer-size can,
76.16package, or other container that is marketed or packaged by the manufacturer, distributor,
76.17or retailer for separate sale to a retail purchaser.
76.18(c) Notwithstanding paragraph (a), for little cigars, the tax on each little cigar shall
76.19be equal to the tax imposed per cigarette under subdivision 1, clause (1), and adjusted by
76.20subdivision 1a, and any successor provision taxing cigarettes.
76.21EFFECTIVE DATE.This section is effective July 1, 2013, except the minimum
76.22tax under paragraph (b) is effective January 1, 2014.
76.23 Sec. 23. Minnesota Statutes 2012, section 297F.05, is amended by adding a subdivision
76.24to read:
76.25 Subd. 3a. Rates; tobacco. (a) A tax is imposed upon all premium cigars in this state
76.26and upon any person engaged in business as a tobacco product distributor, at the lesser of:
76.27(1) the rate of 70 percent of the wholesale sales price of the premium cigars; or
76.28(2) $3.50 per premium cigar.
76.29(b) The tax imposed under paragraph (a) is imposed at the time the tobacco products
76.30distributor:
76.31(1) brings, or causes to be brought, into this state from outside the state premium
76.32cigars for sale;
76.33(2) makes, manufactures, or fabricates premium cigars in this state for sale in this
76.34state; or
77.1(3) ships or transports premium cigars to retailers in this state, to be sold by those
77.2retailers.
77.3EFFECTIVE DATE.This section is effective July 1, 2013.
77.4 Sec. 24. Minnesota Statutes 2012, section 297F.05, subdivision 4, is amended to read:
77.5 Subd. 4.
Use tax; tobacco products. (a) Except as provided in subdivision 4a, a tax
77.6is imposed upon the use or storage by consumers of tobacco products in this state, and
77.7upon such consumers, at the rate of
35 90 percent of the cost to the consumer of the tobacco
77.8products
or the minimum tax under subdivision 3, paragraph (b), whichever is greater.
77.9(b) Notwithstanding paragraph (a), for little cigars, the tax on each little cigar
77.10shall be equal to the tax imposed per cigarette under subdivision 1, clause (1), and any
77.11successor provision taxing cigarettes.
77.12EFFECTIVE DATE.This section is effective July 1, 2013.
77.13 Sec. 25. Minnesota Statutes 2012, section 297F.05, is amended by adding a subdivision
77.14to read:
77.15 Subd. 4a. Use tax; premium cigars. A tax is imposed upon the use or storage by
77.16consumers of all premium cigars in this state, and upon such consumers, at the lesser of:
77.17(1) the rate of 70 percent of the cost to the consumer of the premium cigars; or
77.18(2) $3.50 per premium cigar.
77.19EFFECTIVE DATE.This section is effective July 1, 2013.
77.20 Sec. 26. Minnesota Statutes 2012, section 297F.24, subdivision 1, is amended to read:
77.21 Subdivision 1.
Fee imposed. (a) A fee is imposed upon the sale of nonsettlement
77.22cigarettes in this state, upon having nonsettlement cigarettes in possession in this state
77.23with intent to sell, upon any person engaged in business as a distributor, and upon the use
77.24or storage by consumers of nonsettlement cigarettes. The fee equals a rate of
1.75 2.5
77.25cents per cigarette.
77.26(b) The purpose of this fee is to:
77.27(1) ensure that manufacturers of nonsettlement cigarettes pay fees to the state that
77.28are comparable to costs attributable to the use of the cigarettes;
77.29(2) prevent manufacturers of nonsettlement cigarettes from undermining the state's
77.30policy of discouraging underage smoking by offering nonsettlement cigarettes at prices
77.31substantially below the cigarettes of other manufacturers; and
77.32(3) fund such other purposes as the legislature determines appropriate.
78.1 Sec. 27. Minnesota Statutes 2012, section 297F.25, subdivision 1, is amended to read:
78.2 Subdivision 1.
Imposition. (a) A tax is imposed on distributors on the sale of
78.3cigarettes by a cigarette distributor to a retailer or cigarette subjobber for resale in this
78.4state. The tax is equal to 6.5 percent of the weighted average retail price and must be
78.5expressed in cents per pack rounded to the nearest one-tenth of a cent. The weighted
78.6average retail price must be determined annually, with new rates published by November
78.71, and effective for sales on or after January 1 of the following year. The weighted average
78.8retail price must be established by surveying cigarette retailers statewide in a manner
78.9and time determined by the commissioner. The commissioner shall make an inflation
78.10adjustment in accordance with the Consumer Price Index for all urban consumers inflation
78.11indicator as published in the most recent state budget forecast. The commissioner shall use
78.12the inflation factor for the calendar year in which the new tax rate takes effect. If the survey
78.13indicates that the average retail price of cigarettes has not increased relative to the average
78.14retail price in the previous year's survey, then the commissioner shall not make an inflation
78.15adjustment. The determination of the commissioner pursuant to this subdivision is not a
78.16"rule" and is not subject to the Administrative Procedure Act contained in chapter 14. For
78.17packs of cigarettes with other than 20 cigarettes, the tax must be adjusted proportionally.
78.18(b) Notwithstanding paragraph (a),
and in lieu of a survey of cigarette retailers, the
78.19tax calculation of the weighted average retail price for the sales of cigarettes from August
78.201, 2011, through December 31, 2011, shall be calculated by: (1) increasing the average
78.21retail price per pack of 20 cigarettes from the most recent survey by the percentage change
78.22in a weighted average of the presumed legal prices for cigarettes during the year after
78.23completion of that survey, as reported and published by the Department of Commerce
78.24under section
325D.371; (2) subtracting the sales tax included in the retail price; and (3)
78.25adjusting for expected inflation. The rate must be published by May 1 and is effective for
78.26sales after July 31. If the weighted average of the presumed legal prices indicates that the
78.27average retail price of cigarettes has not increased relative to the average retail price in the
78.28most recent survey, then no inflation adjustment must be made for any period that a rate
78.29change in section 297F.05, subdivision 1, is enacted after the current effective January 1
78.30rate and prior to the following January 1, the commissioner of revenue shall make a
78.31proportionate adjustment to the sales tax rate. For packs of cigarettes with other than 20
78.32cigarettes, the
sales tax must be adjusted proportionally.
78.33EFFECTIVE DATE.This section is effective July 1, 2013.
78.34 Sec. 28. Minnesota Statutes 2012, section 325F.781, subdivision 1, is amended to read:
79.1 Subdivision 1.
Definitions. (a) For purposes of this section, the following terms
79.2have the meanings given, unless the language or context clearly provides otherwise.
79.3(b) "Consumer" means an individual who purchases, receives, or possesses tobacco
79.4products for personal consumption and not for resale.
79.5(c) "Delivery sale" means:
79.6(1) a sale of tobacco products to a consumer in this state when:
79.7(i) the purchaser submits the order for the sale by means of a telephonic or other
79.8method of voice transmission, the mail or any other delivery service, or the Internet or
79.9other online service; or
79.10(ii) the tobacco products are delivered by use of the mail or other delivery service; or
79.11(2) a sale of tobacco products that satisfies the criteria in clause (1), item (i),
79.12regardless of whether the seller is located inside or outside of the state.
79.13A sale of tobacco products to an individual in this state must be treated as a sale to a
79.14consumer, unless the individual is licensed as a distributor or retailer of tobacco products.
79.15(d) "Delivery service" means a person, including the United States Postal Service,
79.16that is engaged in the commercial delivery of letters, packages, or other containers.
79.17(e) "Distributor" means a person, whether located inside or outside of this state,
79.18other than a retailer, who sells or distributes tobacco products in the state. Distributor does
79.19not include a tobacco products manufacturer, export warehouse proprietor, or importer
79.20with a valid permit under United States Code, title 26, section 5712 (1997), if the person
79.21sells or distributes tobacco products in this state only to distributors who hold valid and
79.22current licenses under the laws of a state, or to an export warehouse proprietor or another
79.23manufacturer. Distributor does not include a common or contract carrier that is transporting
79.24tobacco products under a proper bill of lading or freight bill that states the quantity, source,
79.25and destination of tobacco products, or a person who ships tobacco products through this
79.26state by common or contract carrier under a bill of lading or freight bill.
79.27(f) "Retailer" means a person, whether located inside or outside this state, who sells
79.28or distributes tobacco products to a consumer in this state.
79.29(g) "Tobacco products" means:
79.30(1) cigarettes, as defined in section
297F.01, subdivision 3;
and
79.31(2) smokeless tobacco as defined in section
325F.76.; and
79.32(3) premium cigars as defined in section 297F.01, subdivision 13a.
79.33EFFECTIVE DATE.This section is effective July 1, 2013.
80.1 Sec. 29. Minnesota Statutes 2012, section 349.166, is amended to read:
80.2349.166 EXCLUSIONS; EXEMPTIONS.
80.3 Subdivision 1.
Exclusions. (a) Bingo, with the exception of linked bingo games, may
80.4be conducted without a license and without complying with sections
349.168, subdivisions
80.51 and 2;
349.17, subdivisions 4 and 5;
349.18, subdivision 1; and
349.19, if it is conducted:
80.6(1) by an organization in connection with a county fair, the state fair, or a civic
80.7celebration and is not conducted for more than 12 consecutive days and is limited to no more
80.8than four separate applications for activities applied for and approved in a calendar year; or
80.9(2) by an organization that conducts bingo on four or fewer days in a calendar year.
80.10An organization that holds a license to conduct lawful gambling under this chapter
80.11may not conduct bingo under this subdivision.
80.12(b) Bingo may be conducted within a nursing home or a senior citizen housing
80.13project or by a senior citizen organization if the prizes for a single bingo game do not
80.14exceed $10, total prizes awarded at a single bingo occasion do not exceed $200, no more
80.15than two bingo occasions are held by the organization or at the facility each week, only
80.16members of the organization or residents of the nursing home or housing project are
80.17allowed to play in a bingo game, no compensation is paid for any persons who conduct the
80.18bingo, and a manager is appointed to supervise the bingo. Bingo conducted under this
80.19paragraph is exempt from sections
349.11 to
349.23, and the board may not require an
80.20organization that conducts bingo under this paragraph, or the manager who supervises the
80.21bingo, to register or file a report with the board. The gross receipts from bingo conducted
80.22under the limitations of this subdivision are exempt from taxation under chapter 297A.
80.23(c) Raffles may be conducted by an organization without registering with the board
80.24if the value of all raffle prizes awarded by the organization in a calendar year does not
80.25exceed $1,500
or, if the organization is a 501(c)(3) organization, if the value of all raffle
80.26prizes awarded by the organization in a calendar year does not exceed $50,000.
80.27(d) Except as provided in paragraph (b), the organization must maintain all required
80.28records of excluded gambling activity for 3-1/2 years.
80.29 Subd. 2.
Exemptions. (a) Lawful gambling, with the exception of linked bingo
80.30games, may be conducted by an organization without a license and without complying
80.31with sections
349.168, subdivisions 1 and 2;
349.17, subdivision 4;
349.18, subdivision 1;
80.32and
349.19 if:
80.33(1)
the organization conducts lawful gambling on five or fewer days in a calendar year;
80.34(2) the organization does not award more than $50,000 in prizes for lawful gambling
80.35in a calendar year;
81.1(3) (2) the organization submits a board-prescribed application and pays a fee of
81.2$50 to the board for each gambling occasion, and receives an exempt permit number
81.3from the board. If the application is postmarked or received less than 30 days before the
81.4gambling occasion, the fee is $100 for that application. The application must include the
81.5date and location of the occasion, the types of lawful gambling to be conducted, and
81.6the prizes to be awarded;
81.7(4) (3) the organization notifies the local government unit 30 days before the lawful
81.8gambling occasion, or 60 days for an occasion held in a city of the first class;
81.9(5) (4) the organization purchases all gambling equipment and supplies from a
81.10licensed distributor; and
81.11(6) (5) the organization reports to the board, on a single-page form prescribed by
81.12the board, within 30 days of each gambling occasion, the gross receipts, prizes, expenses,
81.13expenditures of net profits from the occasion, and the identification of the licensed
81.14distributor from whom all gambling equipment was purchased.
81.15(b) If the organization fails to file a timely report as required by paragraph (a), clause
81.16(6), the board shall not issue any authorization, license, or permit to the organization to
81.17conduct lawful gambling on an exempt, excluded, or licensed basis until the report has
81.18been filed and the organization may be subject to penalty as determined by the board. The
81.19board may refuse to issue any authorization, license, or permit if a report or application is
81.20determined to be incomplete or knowingly contains false or inaccurate information.
81.21(c) Merchandise prizes must be valued at their fair market value.
81.22(d) Organizations that qualify to conduct exempt raffles under paragraph (a), are
81.23exempt from section
349.173, paragraph (b), clause (2), if the raffle tickets are sold
81.24only in combination with an organization's membership or a ticket for an organization's
81.25membership dinner and are not included with any other raffle conducted under the exempt
81.26permit.
81.27(e) Unused pull-tab and tipboard deals must be returned to the distributor within
81.28seven working days after the end of the lawful gambling occasion. The distributor must
81.29accept and pay a refund for all returns of unopened and undamaged deals returned under
81.30this paragraph.
81.31(f) The organization must maintain all required records of exempt gambling activity
81.32for 3-1/2 years.
81.33EFFECTIVE DATE.This section is effective July 1, 2013.
82.1 Sec. 30. Minnesota Statutes 2012, section 360.531, is amended to read:
82.2360.531 TAXATION.
82.3 Subdivision 1.
In lieu tax. All aircraft using the air space overlying the state of
82.4Minnesota or the airports thereof, except as set forth in section
360.55, shall be taxed in
82.5lieu of all other taxes thereon, on the basis and at the rate for the period January 1, 1966, to
82.6June 30, 1967, and for each fiscal year as follows.
82.7 Subd. 2.
Rate. The tax shall be
at the rate of one percent of value; provided that
82.8the minimum tax on an aircraft subject to the provisions of sections
360.511 to
360.67
82.9 shall not be less than 25 percent of the tax on said aircraft computed on its base price or
82.10$50 whichever is the higher. as follows:
82.11
|
Base Price
|
|
Tax
|
82.12
|
Under $499,999
|
|
$100
|
82.13
|
$500,000 to $999,999
|
|
$200
|
82.14
|
$1,000,000 to $2,499,999
|
|
$2,000
|
82.15
|
$2,500,000 to $4,999,999
|
|
$4,000
|
82.16
|
$5,000,000 to $7,499,999
|
|
$7,500
|
82.17
|
$7,500,000 to $9,999,999
|
|
$10,000
|
82.18
|
$10,000,000 to $12,499,999
|
|
$12,500
|
82.19
|
$12,500,000 to $14,999,999
|
|
$15,000
|
82.20
|
$15,000,000 to $17,499,999
|
|
$17,500
|
82.21
|
$17,500,000 to $19,999,999
|
|
$20,000
|
82.22
|
$20,000,000 to $22,499,999
|
|
$22,500
|
82.23
|
$22,500,000 to $24,999,999
|
|
$25,000
|
82.24
|
$25,000,000 to $27,499,999
|
|
$27,500
|
82.25
|
$27,500,000 to $29,999,999
|
|
$30,000
|
82.26
|
$30,000,000 to $39,999,999
|
|
$50,000
|
82.27
|
$40,000,000 and over
|
|
$75,000
|
82.28 Subd. 3.
First year of life. "First year of life" means the year the aircraft was
82.29manufactured.
82.30 Subd. 4.
Base price for taxation. For the purpose of fixing a base price for taxation
82.31from which depreciation in value at a fixed percent per annum can be counted, such , the
82.32base price is defined as follows:
82.33(a) The base price for taxation of an aircraft shall be the manufacturer's list price.
82.34(b) The commissioner shall have authority to fix the base value for taxation purposes
82.35of any aircraft of which no such similar or corresponding model has been manufactured,
82.36and of any rebuilt or foreign aircraft, any aircraft on which a record of the list price is not
82.37available, or any military aircraft converted for civilian use, using as a basis for
such
83.1valuation the list price of aircraft with comparable performance characteristics, and taking
83.2into consideration the age and condition of the aircraft.
83.3 Subd. 5.
Similarity of corresponding model. Models shall be deemed similar if
83.4substantially alike and of the same make. Models shall be deemed to be corresponding
83.5models for the purpose of taxation under sections
360.54 to
360.67 if of the same make
83.6and having approximately the same weight and type of frame and the same style and
83.7size of motor.
83.8 Subd. 6. Depreciation. After the first year of aircraft life the base value for taxation
83.9purposes shall be reduced as follows: ten percent the second year, and 15 percent the third
83.10and each succeeding year thereafter, but in no event shall such tax be reduced below
83.11the minimum.
83.12 Subd. 7.
Prorating tax. When an aircraft first becomes subject to taxation during the
83.13period for which the tax is to be paid, the tax on it shall be for the remainder of that period,
83.14prorated on a monthly basis of 1/12 of the annual tax for each calendar month counting the
83.15month during which it becomes subject to the tax as the first month of such period.
83.16 Subd. 8.
Tax, fiscal year. Every aircraft subject to the provisions of sections
83.17360.511
to
360.67 which has at any time since April 19, 1945, used the air space overlying
83.18the state of Minnesota or the airports thereof shall be taxed for the period from January 1,
83.191966, through June 30, 1967, and for each fiscal year thereafter in which it is so used. Any
83.20aircraft which does not use the air space overlying the state of Minnesota or the airports
83.21thereof at any time during the period of January 1, 1966, to and including June 30, 1967,
83.22or at any time during any fiscal year thereafter shall not be subject to the tax provided by
83.23sections
360.511 to
360.67 for such period. Rebuilt aircraft shall be subject to the tax
83.24provided by sections
360.511 to
360.67 for that portion of the aforesaid periods remaining
83.25after the aircraft has been rebuilt, prorated on a monthly basis.
83.26 Subd. 9.
Assessed as personal property in certain cases. Aircraft subject to
83.27taxation under the provisions of sections
360.54 to
360.67 shall not be assessed as personal
83.28property and shall be subject to no tax except as provided for by these sections. Aircraft
83.29not subject to taxation as provided in these sections, but subject to taxation as personal
83.30property within the state of Minnesota shall be assessed and valued at 33-1/3 percent of
83.31the market value thereof and taxed at the rate and in the manner provided by law for the
83.32taxation of ordinary personal property. If the person against whom any tax has been levied
83.33on the ad valorem basis because of any aircraft shall, during the calendar year for which
83.34such ad valorem tax is levied, be also taxed under provisions of these sections, then and in
83.35that event, upon proper showing, the commissioner of revenue shall grant to the person
83.36against whom said ad valorem tax was levied, such reduction or abatement of net tax
84.1capacity or taxes as was occasioned by the so-called ad valorem tax imposed. If the ad
84.2valorem tax upon any aircraft has been assessed against a dealer in new and used aircraft,
84.3and the tax imposed by these sections for the required period is thereafter paid by the
84.4owner, then and in that event, upon proper showing, the commissioner of revenue, upon
84.5the application of said dealer, shall grant to such dealer against whom said ad valorem tax
84.6was levied such reduction or abatement of net tax capacity or taxes as was occasioned
84.7by the so-called ad valorem tax imposed.
84.8EFFECTIVE DATE.This section is effective July 1, 2014, and applies to aircraft
84.9tax due on or after that date.
84.10 Sec. 31. Minnesota Statutes 2012, section 360.66, is amended to read:
84.11360.66 STATE AIRPORTS FUND.
84.12 Subdivision 1.
Tax credited to fund. The proceeds of the tax imposed on aircraft
84.13under sections
360.54 360.531 to
360.67 and all fees and penalties provided for therein
84.14shall be collected by the commissioner and paid into the state treasury and credited to the
84.15state airports fund created by other statutes of this state.
84.16 Subd. 2.
Reimbursement for expenses. There shall be transferred by the
84.17commissioner of management and budget each year from the state airports fund to the
84.18general fund in the state treasury the amount expended from the latter fund for expenses of
84.19administering the provisions of sections
360.54 360.531 to
360.67.
84.20EFFECTIVE DATE.This section is effective July 1, 2014, and applies to aircraft
84.21tax due on or after that date.
84.22 Sec. 32. Minnesota Statutes 2012, section 383A.80, subdivision 4, is amended to read:
84.23 Subd. 4.
Expiration. The authority to impose the tax under this section expires
84.24January 1,
2013 2023.
84.25EFFECTIVE DATE.This section is effective for all deeds and mortgages
84.26acknowledged on or after July 1, 2013.
84.27 Sec. 33. Minnesota Statutes 2012, section 383B.80, subdivision 4, is amended to read:
84.28 Subd. 4.
Expiration. The authority to impose the tax under this section expires
84.29January 1,
2013 2023.
84.30EFFECTIVE DATE.This section is effective for all deeds and mortgages
84.31acknowledged on or after July 1, 2013.
85.1 Sec. 34. Minnesota Statutes 2012, section 403.02, is amended by adding a subdivision
85.2to read:
85.3 Subd. 17b. Prepaid wireless telecommunications service. "Prepaid wireless
85.4telecommunications service" means a wireless telecommunications service that allows the
85.5caller to dial 911 to access the 911 system, which service must be paid for in advance and is:
85.6(1) sold in predetermined units or dollars of which the number declines with use in a
85.7known amount; or
85.8(2) provides unlimited use for a predetermined time period.
85.9The inclusion of nontelecommunications services, including the download of digital
85.10products delivered electronically, content, and ancillary services, with a prepaid wireless
85.11telephone service does not preclude that service from being considered a prepaid wireless
85.12telephone service under this chapter.
85.13EFFECTIVE DATE.This section is effective January 1, 2014.
85.14 Sec. 35. Minnesota Statutes 2012, section 403.02, is amended by adding a subdivision
85.15to read:
85.16 Subd. 20a. Wireless telecommunications service. "Wireless telecommunications
85.17service" means a commercial mobile radio service, as that term is defined in United
85.18States Code, title 47, section 332, subsection (d), including all broadband personal
85.19communication services, wireless radio telephone services, and geographic area
85.20specialized mobile radio licensees, that offer real-time, two-way voice service
85.21interconnected with the public switched telephone network.
85.22EFFECTIVE DATE.This section is effective January 1, 2014.
85.23 Sec. 36. Minnesota Statutes 2012, section 403.02, subdivision 21, is amended to read:
85.24 Subd. 21.
Wireless telecommunications service provider. "Wireless
85.25telecommunications service provider" means a provider of
commercial mobile radio
85.26services, as that term is defined in United States Code, title 47, section 332, subsection
85.27(d), including all broadband personal communications services, wireless radio telephone
85.28services, geographic area specialized and enhanced specialized mobile radio services, and
85.29incumbent wide area specialized mobile radio licensees, that offers real-time, two-way
85.30voice service interconnected with the public switched telephone network and that is doing
85.31business in the state of Minnesota wireless telecommunications service.
85.32EFFECTIVE DATE.This section is effective January 1, 2014.
86.1 Sec. 37. Minnesota Statutes 2012, section 403.06, subdivision 1a, is amended to read:
86.2 Subd. 1a.
Biennial budget; annual financial report. The commissioner shall
86.3prepare a biennial budget for maintaining the 911 system. By December 15 of each year,
86.4the commissioner shall submit a report to the legislature detailing the expenditures for
86.5maintaining the 911 system, the 911 fees collected, the balance of the 911 fund,
and the
86.6911-related administrative expenses of the commissioner
, and of a separate accounting
86.7of E911 fees from prepaid wireless customers. The commissioner is authorized to
86.8expend money that has been appropriated to pay for the maintenance, enhancements,
86.9and expansion of the 911 system.
86.10EFFECTIVE DATE.This section is effective January 1, 2014.
86.11 Sec. 38. Minnesota Statutes 2012, section 403.11, subdivision 1, is amended to read:
86.12 Subdivision 1.
Emergency telecommunications service fee; account. (a) Each
86.13customer of a wireless or wire-line switched or packet-based telecommunications service
86.14provider connected to the public switched telephone network that furnishes service capable
86.15of originating a 911 emergency telephone call is assessed a fee based upon the number
86.16of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing
86.17maintenance and related improvements for trunking and central office switching equipment
86.18for 911 emergency telecommunications service, to offset administrative and staffing costs
86.19of the commissioner related to managing the 911 emergency telecommunications service
86.20program, to make distributions provided for in section
403.113, and to offset the costs,
86.21including administrative and staffing costs, incurred by the State Patrol Division of the
86.22Department of Public Safety in handling 911 emergency calls made from wireless phones.
86.23 (b) Money remaining in the 911 emergency telecommunications service account
86.24after all other obligations are paid must not cancel and is carried forward to subsequent
86.25years and may be appropriated from time to time to the commissioner to provide financial
86.26assistance to counties for the improvement of local emergency telecommunications
86.27services. The improvements may include providing access to 911 service for
86.28telecommunications service subscribers currently without access and upgrading existing
86.29911 service to include automatic number identification, local location identification,
86.30automatic location identification, and other improvements specified in revised county
86.31911 plans approved by the commissioner.
86.32 (c) The fee may not be less than eight cents nor more than 65 cents a month until
86.33June 30, 2008, not less than eight cents nor more than 75 cents a month until June 30,
86.342009, not less than eight cents nor more than 85 cents a month until June 30, 2010, and
86.35not less than eight cents nor more than 95 cents a month on or after July 1, 2010, for
87.1each customer access line or other basic access service, including trunk equivalents as
87.2designated by the Public Utilities Commission for access charge purposes and including
87.3wireless telecommunications services. With the approval of the commissioner of
87.4management and budget, the commissioner of public safety shall establish the amount of
87.5the fee within the limits specified and inform the companies and carriers of the amount to
87.6be collected. When the revenue bonds authorized under section
403.27, subdivision 1,
87.7have been fully paid or defeased, the commissioner shall reduce the fee to reflect that debt
87.8service on the bonds is no longer needed. The commissioner shall provide companies and
87.9carriers a minimum of 45 days' notice of each fee change. The fee must be the same for all
87.10customers
, except that the fee imposed under this subdivision does not apply to prepaid
87.11wireless telecommunications service, which is instead subject to the fee imposed under
87.12section 403.161, subdivision 1, paragraph (a).
87.13 (d) The fee must be collected by each wireless or wire-line telecommunications
87.14service provider subject to the fee. Fees are payable to and must be submitted to the
87.15commissioner monthly before the 25th of each month following the month of collection,
87.16except that fees may be submitted quarterly if less than $250 a month is due, or annually if
87.17less than $25 a month is due. Receipts must be deposited in the state treasury and credited
87.18to a 911 emergency telecommunications service account in the special revenue fund. The
87.19money in the account may only be used for 911 telecommunications services.
87.20 (e) This subdivision does not apply to customers of interexchange carriers.
87.21 (f) The installation and recurring charges for integrating wireless 911 calls into
87.22enhanced 911 systems are eligible for payment by the commissioner if the 911 service
87.23provider is included in the statewide design plan and the charges are made pursuant to
87.24contract.
87.25 (g) Competitive local exchanges carriers holding certificates of authority from the
87.26Public Utilities Commission are eligible to receive payment for recurring 911 services.
87.27EFFECTIVE DATE.This section is effective January 1, 2014.
87.28 Sec. 39. Minnesota Statutes 2012, section 403.11, is amended by adding a subdivision
87.29to read:
87.30 Subd. 6. Report. (a) Beginning September 1, 2013, and continuing semiannually
87.31thereafter, each wireless telecommunications service provider shall report to the
87.32commissioner, based on the mobile telephone number, both the total number of prepaid
87.33wireless telecommunications subscribers sourced to Minnesota and the total number of
87.34wireless telecommunications subscribers sourced to Minnesota. The report must be filed
87.35on the same schedule as Federal Communications Commission Form 477.
88.1(b) The commissioner shall make a standard form available to all wireless
88.2telecommunications service providers for submitting information required to compile
88.3the report required under this subdivision.
88.4(c) The information provided to the commissioner under this subdivision is
88.5considered trade secret data under section 13.37 and may only be used for purposes of
88.6administering this chapter.
88.7EFFECTIVE DATE.This section is effective the day following final enactment.
88.8 Sec. 40.
[403.16] DEFINITIONS.
88.9 Subdivision 1. Scope. For the purposes of sections 403.16 to 403.164, the terms
88.10defined in this section have the meanings given them.
88.11 Subd. 2. Consumer. "Consumer" means a person who purchases prepaid wireless
88.12telecommunications service in a retail transaction.
88.13 Subd. 3. Department. "Department" means the Department of Revenue.
88.14 Subd. 4. Prepaid wireless E911 fee. "Prepaid wireless E911 fee" means the fee that
88.15is required to be collected by a seller from a consumer as established in section 403.161,
88.16subdivision 1, paragraph (a).
88.17 Subd. 5. Prepaid wireless telecommunications access Minnesota fee. "Prepaid
88.18wireless telecommunications access Minnesota fee" means the fee that is required to be
88.19collected by a seller from a consumer as established in section 403.161, subdivision 1,
88.20paragraph (b).
88.21 Subd. 6. Provider. "Provider" means a person that provides prepaid wireless
88.22telecommunications service under a license issued by the Federal Communications
88.23Commission.
88.24 Subd. 7. Retail transaction. "Retail transaction" means the purchase of prepaid
88.25wireless telecommunications service from a seller for any purpose other than resale.
88.26 Subd. 8. Seller. "Seller" means a person who sells prepaid wireless
88.27telecommunications service to another person.
88.28EFFECTIVE DATE.This section is effective the day following final enactment.
88.29 Sec. 41.
[403.161] PREPAID WIRELESS FEES IMPOSED; COLLECTION;
88.30REMITTANCE.
88.31 Subdivision 1. Fees imposed. (a) A prepaid wireless E911 fee of 80 cents per retail
88.32transaction is imposed on prepaid wireless telecommunications service until the fee is
88.33adjusted as an amount per retail transaction under subdivision 6.
89.1(b) A prepaid wireless telecommunications access Minnesota fee, in the amount of
89.2the monthly charge provided for in section 237.52, subdivision 2, is imposed on each
89.3retail transaction for prepaid wireless telecommunications service until the fee is adjusted
89.4as an amount per retail transaction under subdivision 6.
89.5 Subd. 2. Exemption. The fees established under subdivision 1 are not imposed on a
89.6minimal amount of prepaid wireless telecommunications service that is sold with a prepaid
89.7wireless device and is charged a single nonitemized price, and a seller may not apply the
89.8fees to such a transaction. For purposes of this subdivision, a minimal amount of service
89.9means an amount of service denominated as either ten minutes or less or $5 or less.
89.10 Subd. 3. Fee collected. The prepaid wireless E911 and telecommunications
89.11access Minnesota fees must be collected by the seller from the consumer for each retail
89.12transaction occurring in this state. The amount of each fee must be combined into one
89.13amount, which must be separately stated on an invoice, receipt, or other similar document
89.14that is provided to the consumer by the seller, or otherwise disclosed to the consumer.
89.15 Subd. 4. Sales and use tax treatment. For purposes of this section, a retail
89.16transaction conducted in person by a consumer at a business location of the seller must
89.17be treated as occurring in this state if that business location is in this state, and any other
89.18retail transaction must be treated as occurring in this state if the retail transaction is treated
89.19as occurring in this state for purposes of the sales and use tax as specified in section
89.20297A.669, subdivision 3, paragraph (c).
89.21 Subd. 5. Remittance. The prepaid wireless E911 and telecommunications access
89.22Minnesota fees are the liability of the consumer and not of the seller or of any provider,
89.23except that the seller is liable to remit all fees that the seller collects from consumers as
89.24provided in section 403.162, including all fees that the seller is deemed to collect in which
89.25the amount of the fee has not been separately stated on an invoice, receipt, or other similar
89.26document provided to the consumer by the seller.
89.27 Subd. 6. Exclusion for calculating other charges. The combined amount of the
89.28prepaid wireless E911 and telecommunications access Minnesota fees collected by a seller
89.29from a consumer must not be included in the base for measuring any tax, fee, surcharge,
89.30or other charge that is imposed by this state, any political subdivision of this state, or
89.31any intergovernmental agency.
89.32 Subd. 7. Fee changes. (a) The prepaid wireless E911 and telecommunications
89.33access Minnesota fee must be proportionately increased or reduced upon any change to
89.34the fee imposed under section 403.11, subdivision 1, paragraph (c), after July 1, 2013, or
89.35the fee imposed under section 237.52, subdivision 2, as applicable.
90.1(b) The department shall post notice of any fee changes on its Web site at least 30
90.2days in advance of the effective date of the fee changes. It is the responsibility of sellers to
90.3monitor the department's Web site for notice of fee changes.
90.4(c) Fee changes are effective 60 days after the first day of the first calendar month
90.5after the commissioner of public safety or the Public Utilities Commission, as applicable,
90.6changes the fee.
90.7EFFECTIVE DATE.This section is effective January 1, 2014.
90.8 Sec. 42.
[403.162] ADMINISTRATION OF PREPAID WIRELESS E911 FEES.
90.9 Subdivision 1. Remittance. Prepaid wireless E911 and telecommunications access
90.10Minnesota fees collected by sellers must be remitted to the commissioner of revenue
90.11at the times and in the manner provided by chapter 297A with respect to the general
90.12sales and use tax. The commissioner of revenue shall establish registration and payment
90.13procedures that substantially coincide with the registration and payment procedures that
90.14apply in chapter 297A.
90.15 Subd. 2. Seller's fee retention. A seller may deduct and retain three percent of
90.16prepaid wireless E911 and telecommunications access Minnesota fees collected by the
90.17seller from consumers.
90.18 Subd. 3. Audit; appeal. The audit and appeal procedures applicable under chapter
90.19297A apply to any fee imposed under section 403.161.
90.20 Subd. 4. Procedures for resale transactions. The commissioner of revenue shall
90.21establish procedures by which a seller of prepaid wireless telecommunications service
90.22may document that a sale is not a retail transaction. These procedures must substantially
90.23coincide with the procedures for documenting sale for resale transactions as provided in
90.24chapter 297A.
90.25 Subd. 5. Fees deposited. (a) The commissioner of revenue shall, based on
90.26the relative proportion of the prepaid wireless E911 fee and the prepaid wireless
90.27telecommunications access Minnesota fee imposed per retail transaction, divide the fees
90.28collected in corresponding proportions. Within 30 days of receipt of the collected fees,
90.29the commissioner shall:
90.30(1) deposit the proportion of the collected fees attributable to the prepaid wireless
90.31E911 fee in the 911 emergency telecommunications service account in the special revenue
90.32fund; and
90.33(2) deposit the proportion of collected fees attributable to the prepaid wireless
90.34telecommunications access Minnesota fee in the telecommunications access fund
90.35established in section 237.52, subdivision 1.
91.1(b) The department may deduct and retain an amount, not to exceed two percent of
91.2collected fees, to reimburse its direct costs of administering the collection and remittance
91.3of prepaid wireless E911 fees and prepaid wireless telecommunications access Minnesota
91.4fees.
91.5EFFECTIVE DATE.This section is effective January 1, 2014.
91.6 Sec. 43.
[403.163] LIABILITY PROTECTION FOR SELLERS AND
91.7PROVIDERS.
91.8(a) A provider or seller of prepaid wireless telecommunications service is not liable
91.9for damages to any person resulting from or incurred in connection with providing any
91.10lawful assistance in good faith to any investigative or law enforcement officer of the
91.11United States, this or any other state, or any political subdivision of this or any other state.
91.12(b) In addition to the protection from liability provided by paragraphs (a) and (b),
91.13section 403.08, subdivision 11, applies to sellers and providers.
91.14EFFECTIVE DATE.This section is effective January 1, 2014.
91.15 Sec. 44.
[403.164] EXCLUSIVITY OF PREPAID WIRELESS E911 FEE.
91.16The prepaid wireless E911 fee imposed by section 403.161 is the only E911 funding
91.17obligation imposed with respect to prepaid wireless telecommunications service in this
91.18state, and no tax, fee, surcharge, or other charge may be imposed by this state, any political
91.19subdivision of this state, or any intergovernmental agency, for E911 funding purposes,
91.20upon any provider, seller, or consumer with respect to the sale, purchase, use, or provision
91.21of prepaid wireless telecommunications service.
91.22EFFECTIVE DATE.This section is effective January 1, 2014.
91.23 Sec. 45.
FLOOR STOCKS TAX.
91.24(a) A floor stocks cigarette tax is imposed on every person engaged in the business
91.25in this state as a distributor, retailer, subjobber, vendor, manufacturer, or manufacturer's
91.26representative of cigarettes, on the stamped cigarettes and unaffixed stamps in the person's
91.27possession or under the person's control at 12:01 a.m. on July 1, 2013. The tax is imposed
91.28at the following rates:
91.29(1) on cigarettes weighing not more than three pounds per thousand, 47 mills on
91.30each cigarette; and
91.31(2) on cigarettes weighing more than three pounds per thousand, 94 mills on each
91.32cigarette.
92.1(b) Each distributor, on or before July 10, 2013, shall file a return with the
92.2commissioner of revenue, in the form the commissioner prescribes, showing the stamped
92.3cigarettes and unaffixed stamps on hand at 12:01 a.m. on July 1, 2013, and the amount of
92.4tax due on the cigarettes and unaffixed stamps.
92.5(c) Each retailer, subjobber, vendor, manufacturer, or manufacturer's representative,
92.6on or before July 10, 2013, shall file a return with the commissioner of revenue, in the
92.7form the commissioner prescribes, showing the cigarettes on hand at 12:01 a.m. on July 1,
92.82013, and the amount of tax due on the cigarettes.
92.9(d) The tax imposed by this section is due and payable on or before September 4,
92.102013, and after that date bears interest at the rate of one percent per month.
92.11EFFECTIVE DATE.This section is effective July 1, 2013.
92.12 Sec. 46.
TAXES AND FEES PAID BY INDIANS AND INDIAN TRIBES.
92.13 Subdivision 1. Health impact fees imposed from 2005 through 2009. (a) The
92.14commissioner of revenue shall recompute all cigarette and tobacco products excise tax
92.15refunds and payments for periods after July 31, 2005, but before January 1, 2010, that
92.16were made to Indian tribes under agreements entered into under Minnesota Statutes,
92.17section 270C.19.
92.18(b) In making the recomputation for each year, the commissioner must (1) use a per
92.19capita amount, as that phrase is used in the agreements, equal to the sum of (i) the average
92.20statewide per capita cigarette and tobacco products excise tax paid during the applicable
92.21state fiscal year plus (ii) the statewide average per capita health impact fee paid on cigarette
92.22and tobacco products during the applicable state fiscal year, and (2) add the health impact
92.23fees collected on cigarettes and tobacco products delivered onto the reservation to the total
92.24cigarette and tobacco products excise tax collected on cigarettes and tobacco products
92.25delivered onto the reservation to determine the tax base to share under the agreements.
92.26(c) The additional payments to each tribe payable under this section are equal to the
92.27amount determined under the recomputation for the tribe minus the amount previously
92.28paid as a cigarette and tobacco products excise tax or health impact fee refund or payment
92.29to the tribe under any agreement entered into under Minnesota Statutes, section 270C.19.
92.30(d) The commissioner shall compute the additional payments required under this
92.31section based on information available to the commissioner. The tribe does not need to
92.32file a claim for payment.
92.33(e) The additional payments under this subdivision must only be paid to a tribe that
92.34has entered into an agreement under Minnesota Statutes, section 270C.19, subdivision 5,
93.1that covers health impact fees imposed on cigarettes and tobacco products delivered onto
93.2the reservation after December 31, 2009.
93.3 Subd. 2. Limited authority to enter into health impact fee agreements. (a)
93.4Notwithstanding Minnesota Statutes, section 270C.19, or any other law, the commissioner
93.5must not enter into any agreement covering health impact fees imposed on cigarettes and
93.6tobacco products sold, purchased, or delivered onto a reservation before January 1, 2010.
93.7(b) Notwithstanding Minnesota Statutes, section 270C.19, or any other law, the
93.8commissioner is not authorized to enter into any agreement covering the health impact
93.9fee imposed on cigarettes and tobacco products sold, purchased, or delivered onto a
93.10reservation after December 31, 2009.
93.11 Subd. 3. Payments to tribes under existing agreements. (a) The commissioner
93.12must not make refunds and payments of health impact fees required under any agreement
93.13entered into under Minnesota Statutes, section 270C.19, subdivision 5, for any period after
93.14the health impact fee has been repealed.
93.15(b) The commissioner must adjust all annual cigarette and tobacco products excise
93.16tax per capita amounts under existing tax agreements entered into under Minnesota
93.17Statutes, section 270C.19, subdivisions 1 and 2, to $95, effective for refunds due for the
93.18quarter ending September 30, 2013. This amount may be changed upon mutual agreement
93.19of the parties to the agreement to more accurately reflect taxes paid on the reservation
93.20by tribal members.
93.21 Subd. 4. Appropriation. An amount necessary to make refunds and payments
93.22under this section is appropriated to the commissioner from the general fund.
93.23EFFECTIVE DATE.This section is effective the day following final enactment,
93.24except that subdivision 2, paragraph (b), is effective January 2, 2014.
93.25 Sec. 47.
REPORT.
93.26On or before June 30, 2016, and every four years thereafter, the commissioner of
93.27transportation, in consultation with the commissioner of revenue, shall prepare and submit
93.28to the chairs and ranking minority members of the senate and house of representatives
93.29committees with jurisdiction over transportation policy and budget, a report that identifies
93.30the amount and sources of annual revenues attributable to each type of aviation tax, along
93.31with annual expenditures from the state airports fund, and any other transfers out of the
93.32fund, during the previous four years. The report must include draft legislation for any
93.33recommended statutory changes to ensure the future adequacy of the state airports fund.
94.1EFFECTIVE DATE.This section is effective July 1, 2014, and applies to aircraft
94.2tax due on or after that date.
94.3 Sec. 48.
ARMER GRANTS.
94.4$1,500,000 in fiscal year 2014 and $1,500,000 in fiscal year 2015 is appropriated
94.5from the 911 account of the state government special revenue fund to the commissioner of
94.6public safety for grants to counties to reimburse for the sales tax costs associated with
94.7upgrading public safety radio systems prior to January 1, 2013. The commissioner of
94.8public safety shall give preference to counties that did not receive state or federal grants to
94.9upgrade their public safety radio systems. This is a onetime appropriation.
94.10EFFECTIVE DATE.This section is effective January 1, 2014.
94.11 Sec. 49.
TOBACCO TAX COLLECTION REPORT.
94.12 Subdivision 1. Report to legislature. (a) The commissioner of revenue shall report
94.13to the 2014 legislature on the tobacco tax collection system, including recommendations
94.14to improve compliance under the excise tax for both cigarettes and other tobacco products.
94.15The purpose of the report is to provide information and guidance to the legislature on
94.16improvements to the tobacco tax collection system to:
94.17(1) provide a unified system of collecting both the cigarette and other tobacco
94.18taxes, regardless of category, size, or shape, that ensures the highest reasonable rates of
94.19tax collection;
94.20(2) discourage tax evasion; and
94.21(3) help to prevent illegal sale of tobacco products, which may make these products
94.22more accessible to youth.
94.23(b) In the report, the commissioner shall:
94.24(1) provide a detailed review of the present excise tax collection and compliance
94.25system as it applies to both cigarettes and other tobacco products. This must include
94.26an assessment of the levels of compliance for each category of products and the effect
94.27of the stamping requirement on compliance for each category of products and the effect
94.28of the stamping requirement on compliance rates for cigarettes relative to other tobacco
94.29products. It also must identify any weaknesses in the system;
94.30(2) survey the methods of collection and enforcement used by other states or nations,
94.31including identifying and discussing emerging best practices that ensure tracking of both
94.32cigarettes and other tobacco products and result in the highest rates of tax collection and
94.33compliance. These best practices must consider high-technology alternatives, such as use
95.1of bar codes, radio-frequency identification tags, or similar mechanisms for tracking
95.2compliance;
95.3(3) evaluate the adequacy and effectiveness of the existing penalties and other
95.4sanctions for noncompliance;
95.5(4) evaluate the adequacy of the resources allocated by the state to enforce the
95.6tobacco tax and prevention laws; and
95.7(5) make recommendations on implementation of a comprehensive tobacco tax
95.8collection system for Minnesota that can be implemented by January 1, 2014, including:
95.9(i) recommendations on the specific steps needed to institute and implement the new
95.10system, including estimates of the state's costs of doing so and any additional personnel
95.11requirements;
95.12(ii) recommendations on methods to recover the cost of implementing the system
95.13from the industry;
95.14(iii) evaluation of the extent to which the proposed system is sufficiently flexible
95.15and adaptable to adjust to modifications in the construction, packaging, formatting, and
95.16marketing of tobacco products by the industry; and
95.17(iv) recommendations to modify existing penalties or to impose new penalties or
95.18other sanctions to ensure compliance with the system.
95.19 Subd. 2. Due date. The report required by subdivision 1 is due January 1, 2014.
95.20 Subd. 3. Procedure. The report required under this section must be made in the
95.21manner provided under Minnesota Statutes, section 3.195. In addition, copies must be
95.22provided to the chairs and ranking minority members of the legislative committees and
95.23divisions with jurisdiction over taxation.
95.24 Subd. 4. Appropriation. (a) $100,000 is appropriated from the general fund to the
95.25commissioner of revenue for fiscal year 2014 for the cost of preparing the report under
95.26subdivision 1.
95.27(b) The appropriation under this subdivision is a onetime appropriation and is not
95.28included in the base budget.
95.29EFFECTIVE DATE.This section is effective the day following final enactment.
95.30 Sec. 50.
REPEALER.
95.31Minnesota Statutes 2012, sections 16A.725; 256.9658; 290.171; 290.173; and
95.32290.174, are repealed.
95.33EFFECTIVE DATE.This section is effective July 1, 2013.
96.2INDIVIDUAL INCOME AND CORPORATE FRANCHISE TAXES
96.3 Section 1.
[116J.3738] QUALIFIED EXPANSIONS OF GREATER MINNESOTA
96.4BUSINESSES.
96.5 Subdivision 1. Definitions. (a) For purposes of this section, the following terms
96.6have the meanings given unless the context clearly indicates otherwise.
96.7(b) "Agricultural processing facility" means one or more facilities or operations
96.8that transform, package, sort, or grade livestock or livestock products, agricultural
96.9commodities, or plants or plant products into goods that are used for intermediate or final
96.10consumption including goods for nonfood use, and surrounding property.
96.11(c) "Business" means an individual, corporation, partnership, limited liability
96.12company, association, or any other entity engaged in operating a trade or business located
96.13in greater Minnesota.
96.14(d) "City" means a statutory or home rule charter city.
96.15(e) "Greater Minnesota" means the area of the state that excludes the metropolitan
96.16area, as defined in section 473.121, subdivision 2.
96.17(f) "Qualified business" means a business that satisfies the requirements of subdivision
96.182, has been certified under subdivision 3, and has not been terminated under subdivision 5.
96.19 Subd. 2. Qualified business. (a) A business is a qualified business if it satisfies the
96.20requirement of this paragraph and is not disqualified under the provisions of paragraph
96.21(b). To qualify, the business must:
96.22(1) have operated its trade or business in a city or cities in greater Minnesota for at
96.23least one year before applying under subdivision 3;
96.24(2) pay or agree to pay in the future each employee compensation, including benefits
96.25not mandated by law, that on an annualized basis equal at least 120 percent of the federal
96.26poverty level for a family of four;
96.27(3) plan and agree to expand its employment in one or more cities in greater Minnesota
96.28by the minimum number of employees required under subdivision 3, paragraph (c); and
96.29(4) received certification from the commissioner under subdivision 3 that it is a
96.30qualified business.
96.31(b) A business is not a qualified business if it is either:
96.32(1) primarily engaged in making retail sales to purchasers who are physically present
96.33at the business's location or locations in greater Minnesota; or
96.34(2) a public utility, as defined in section 336B.01.
97.1(c) The requirements in paragraph (a) that the business' operations and expansion be
97.2located in a city do not apply to an agricultural processing facility.
97.3 Subd. 3. Certification of qualified business. (a) A business may apply to
97.4the commissioner for certification as a qualified business under this section. The
97.5commissioner shall specify the form of the application, the manner and times for applying,
97.6and the information required to be included in the application. The commissioner may
97.7impose an application fee in an amount sufficient to defray the commissioner's cost of
97.8processing certifications. A business must file a copy of its application with the chief
97.9clerical officer of the city at the same it applies to the commissioner. For an agricultural
97.10processing facility located outside the boundaries of a city, the business must file a copy
97.11of the application with the county auditor.
97.12(b) The commissioner shall certify each business as a qualified business that:
97.13(1) satisfies the requirements of subdivision 2;
97.14(2) the commissioner determines would not expand its operations in greater
97.15Minnesota without the tax incentives available under subdivision 4; and
97.16(3) enters a business subsidy agreement with the commissioner that pledges to
97.17satisfy the minimum expansion requirements of paragraph (c) within three years or less
97.18following execution of the agreement.
97.19The commissioner must act on an application within 60 days after its filing. Failure
97.20by the commissioner to take action within the 60-day period is deemed approval of the
97.21application.
97.22(c) The following minimum expansion requirements apply, based on the number of
97.23employees of the business at locations in greater Minnesota:
97.24(1) a business that employees 50 or fewer full-time equivalent employees in greater
97.25Minnesota when the agreement is executed must increase its employment by five or more
97.26full-time equivalent employees;
97.27(2) a business that employees more than 50 but fewer than 200 full-time equivalent
97.28employees in greater Minnesota when the agreement is executed must increase the number
97.29of its full-time equivalent employees in greater Minnesota by at least ten percent; or
97.30(3) a business that employees 200 or more full-time equivalent employees in greater
97.31Minnesota when the agreement is executed must increase its employment by at least 21
97.32full-time equivalent employees.
97.33(d) The city, or a county for an agricultural processing facility located outside the
97.34boundaries of a city, in which the business proposes to expand its operations may file
97.35comments supporting or opposing the application with the commissioner. The comments
97.36must be filed within 30 days after receipt by the city of the application and may include a
98.1notice of any contribution the city or county intends to make to encourage or support the
98.2business expansion, such as the use of tax increment financing, property tax abatement,
98.3additional city or county services, or other financial assistance.
98.4(e) Certification of a qualified business is effective for the 12-year period beginning
98.5on the first day of the calendar month immediately following execution of the business
98.6subsidy agreement.
98.7 Subd. 4. Available tax incentives. A qualified business is entitled to one or more
98.8of the following tax incentives as provided under its business subsidy agreement with
98.9the commissioner:
98.10(1) a sales tax exemption, as provided in section 297A.68, subdivision 44, for
98.11purchases made during the period the business was certified as a qualified business under
98.12this section; and
98.13(2) the jobs credit, as provided in section 290.0682, effective for taxable years
98.14beginning during a calendar year in which certification of the business as a qualified
98.15business applies under this section.
98.16 Subd. 5. Termination of status as a qualified business. (a) The commissioner shall
98.17put in place a system for monitoring and ensuring that each certified business meets within
98.18three years or less the minimum expansion requirement in its business subsidy agreement
98.19and continues to satisfy those requirements for the rest of the duration of the certification
98.20under subdivision 3. This system must include regular reporting by the business to the
98.21commissioner of its baseline and current employment levels and any other information
98.22the commissioner determines may be useful to ensure compliance and for legislative
98.23evaluation of the effectiveness of the tax incentives.
98.24(b) A business ceases to be a qualified business and to qualify for the sales tax
98.25exemption under section 297A.68, subdivision 49, under this subdivision upon the earlier
98.26of the following dates:
98.27(1) the end of the duration of its designation under subdivision 3, paragraph (e),
98.28effective as provided under this subdivision or other provision of law for the tax incentive;
98.29or
98.30(2) the date the commissioner finds that the business has breached its business
98.31subsidy agreement and failed to satisfy the minimum expansion required by subdivision 3
98.32and its agreement.
98.33(c) A business may contest the commissioner's finding that it breached its business
98.34subsidy agreement under paragraph (b), clause (2), under the contested case procedures in
98.35the Administrative Procedure Act, chapter 14.
99.1(d) The commissioner, after consulting with the commissioner of revenue, may
99.2waive a breach of the business subsidy agreement and permit continued receipt of tax
99.3incentives, if the commissioner determines that termination of the tax incentives is not in
99.4the best interest of the state or the local government units and the business' breach of the
99.5agreement is a result of circumstances beyond its control including, but not limited to:
99.6(1) a natural disaster;
99.7(2) unforeseen industry trends;
99.8(3) a decline in economic activity in the overall or greater Minnesota economy; or
99.9(4) loss of a major supplier or customer of the business.
99.10EFFECTIVE DATE.This section is effective the day following final enactment.
99.11 Sec. 2. Minnesota Statutes 2012, section 116J.8737, subdivision 1, is amended to read:
99.12 Subdivision 1.
Definitions. (a) For the purposes of this section, the following terms
99.13have the meanings given.
99.14(b) "Qualified small business" means a business that has been certified by the
99.15commissioner under subdivision 2.
99.16(c) "Qualified investor" means an investor who has been certified by the
99.17commissioner under subdivision 3.
99.18(d) "Qualified fund" means a pooled angel investment network fund that has been
99.19certified by the commissioner under subdivision 4.
99.20(e) "Qualified investment" means a cash investment in a qualified small business
99.21of a minimum of:
99.22(1) $10,000 in a calendar year by a qualified investor; or
99.23(2) $30,000 in a calendar year by a qualified fund.
99.24A qualified investment must be made in exchange for common stock, a partnership
99.25or membership interest, preferred stock, debt with mandatory conversion to equity, or an
99.26equivalent ownership interest as determined by the commissioner.
99.27(f) "Family" means a family member within the meaning of the Internal Revenue
99.28Code, section 267(c)(4).
99.29(g) "Pass-through entity" means a corporation that for the applicable taxable year is
99.30treated as an S corporation or a general partnership, limited partnership, limited liability
99.31partnership, trust, or limited liability company and which for the applicable taxable year is
99.32not taxed as a corporation under chapter 290.
99.33(h) "Intern" means a student of an accredited institution of higher education, or a
99.34former student who has graduated in the past six months from an accredited institution
99.35of higher education, who is employed by a qualified small business in a nonpermanent
100.1position for a duration of nine months or less that provides training and experience in the
100.2primary business activity of the business.
100.3(i) "Qualified greater Minnesota business" means a qualified small business that
100.4is also certified by the commissioner as a qualified greater Minnesota business under
100.5subdivision 2, paragraph (h).
100.6(j) "Liquidation event" means a conversion of qualified investment for cash, cash
100.7and other consideration, or any other form of equity or debt interest.
100.8EFFECTIVE DATE.This section is effective the day following final enactment.
100.9 Sec. 3. Minnesota Statutes 2012, section 116J.8737, subdivision 2, is amended to read:
100.10 Subd. 2.
Certification of qualified small businesses. (a) Businesses may apply
100.11to the commissioner for certification as a qualified small business for a calendar year.
100.12In addition, the business' application may request certification as a qualified greater
100.13Minnesota business under paragraph (h). The application must be in the form and
100.14be made under the procedures specified by the commissioner, accompanied by an
100.15application fee of $150. Application fees are deposited in the small business investment
100.16tax credit administration account in the special revenue fund. The application for
100.17certification for 2010 must be made available on the department's Web site by August 1,
100.182010. Applications for subsequent years' certification must be made available on the
100.19department's Web site by November 1 of the preceding year.
100.20(b) Within 30 days of receiving an application for certification under this
100.21subdivision, the commissioner must either certify the business as satisfying the conditions
100.22required of a qualified small business
or a qualified greater Minnesota business, request
100.23additional information from the business, or reject the application for certification. If
100.24the commissioner requests additional information from the business, the commissioner
100.25must either certify the business or reject the application within 30 days of receiving the
100.26additional information. If the commissioner neither certifies the business nor rejects
100.27the application within 30 days of receiving the original application or within 30 days of
100.28receiving the additional information requested, whichever is later, then the application is
100.29deemed rejected, and the commissioner must refund the $150 application fee. A business
100.30that applies for certification and is rejected may reapply.
100.31(c) To receive certification
as a qualified small business, a business must satisfy
100.32all of the following conditions:
100.33(1) the business has its headquarters in Minnesota;
100.34(2) at least 51 percent of the business's employees are employed in Minnesota, and
100.3551 percent of the business's total payroll is paid or incurred in the state;
101.1(3) the business is engaged in, or is committed to engage in, innovation in Minnesota
101.2in one of the following as its primary business activity:
101.3(i) using proprietary technology to add value to a product, process, or service in a
101.4qualified high-technology field;
101.5(ii) researching or developing a proprietary product, process, or service in a qualified
101.6high-technology field; or
101.7(iii) researching, developing, or producing a new proprietary technology for use in
101.8the fields of agriculture, tourism, forestry, mining, manufacturing, or transportation;
101.9(4) other than the activities specifically listed in clause (3), the business is not
101.10engaged in real estate development, insurance, banking, lending, lobbying, political
101.11consulting, information technology consulting, wholesale or retail trade, leisure,
101.12hospitality, transportation, construction, ethanol production from corn, or professional
101.13services provided by attorneys, accountants, business consultants, physicians, or health
101.14care consultants;
101.15(5) the business has fewer than 25 employees;
101.16(6) the business must pay its employees annual wages of at least 175 percent of the
101.17federal poverty guideline for the year for a family of four and must pay its interns annual
101.18wages of at least 175 percent of the federal minimum wage used for federally covered
101.19employers, except that this requirement must be reduced proportionately for employees
101.20and interns who work less than full-time, and does not apply to an executive, officer, or
101.21member of the board of the business, or to any employee who owns, controls, or holds
101.22power to vote more than 20 percent of the outstanding securities of the business;
101.23(7) the business has not been in operation for more than ten years;
101.24(8) the business has not previously received private equity investments of more
101.25than $4,000,000;
and
101.26 (9) the business is not an entity disqualified under section
80A.50, paragraph (b),
101.27clause (3)
; and
101.28 (10) the business has not issued securities that are traded on a public exchange.
101.29(d) In applying the limit under paragraph (c), clause (5), the employees in all members
101.30of the unitary business, as defined in section
290.17, subdivision 4, must be included.
101.31(e) In order for a qualified investment in a business to be eligible for tax credits,
the
101.32business:
101.33(1) the business must have applied for and received certification for the calendar
101.34year in which the investment was made prior to the date on which the qualified investment
101.35was made
;
101.36(2) must not have issued securities that are traded on a public exchange;
102.1(3) must not issue securities that are traded on a public exchange within 180 days
102.2after the date on which the qualified investment was made; and
102.3(4) must not have a liquidation event within 180 days after the date on which a
102.4qualified investment was made.
102.5(f) The commissioner must maintain a list of
qualified small businesses
and qualified
102.6greater Minnesota businesses certified under this subdivision for the calendar year and
102.7make the list accessible to the public on the department's Web site.
102.8(g) For purposes of this subdivision, the following terms have the meanings given:
102.9(1) "qualified high-technology field" includes aerospace, agricultural processing,
102.10renewable energy, energy efficiency and conservation, environmental engineering, food
102.11technology, cellulosic ethanol, information technology, materials science technology,
102.12nanotechnology, telecommunications, biotechnology, medical device products,
102.13pharmaceuticals, diagnostics, biologicals, chemistry, veterinary science, and similar
102.14fields;
and
102.15(2) "proprietary technology" means the technical innovations that are unique and
102.16legally owned or licensed by a business and includes, without limitation, those innovations
102.17that are patented, patent pending, a subject of trade secrets, or copyrighted
.; and
102.18(3) "greater Minnesota" means the area of Minnesota located outside of the
102.19metropolitan area as defined in section 473.121, subdivision 2.
102.20(h) To receive certification as a qualified greater Minnesota business, a business must
102.21satisfy all of the requirements of paragraph (c) and must satisfy the following conditions:
102.22(1) the business has its headquarters in greater Minnesota; and
102.23(2) at least 51 percent of the business's employees are employed in greater Minnesota,
102.24and 51 percent of the business's total payroll is paid or incurred in greater Minnesota.
102.25EFFECTIVE DATE.This section is effective the day following final enactment.
102.26 Sec. 4. Minnesota Statutes 2012, section 116J.8737, subdivision 5, is amended to read:
102.27 Subd. 5.
Credit allowed. (a) A qualified investor or qualified fund is eligible for a
102.28credit equal to 25 percent of the qualified investment in a qualified small business.
102.29 Investments made by a pass-through entity qualify for a credit only if the entity is a
102.30qualified fund. The commissioner must not allocate more than $11,000,000 in credits to
102.31qualified investors or qualified funds for taxable years beginning after December 31, 2009,
102.32and before January 1, 2011, and must not allocate more than $12,000,000 in credits per
102.33year for taxable years beginning after December 31, 2010, and before January 1,
2015
102.34 2013, or more than $17,000,000 in credits per year for taxable years beginning after
103.1December 31, 2012, and before January 1, 2016. Any portion of a taxable year's credits
103.2that is not allocated by the commissioner does not cancel and may be carried forward to
103.3subsequent taxable years until all credits have been allocated.
103.4(b) The commissioner may not allocate more than a total maximum amount in credits
103.5for a taxable year to a qualified investor for the investor's cumulative qualified investments
103.6as an individual qualified investor and as an investor in a qualified fund; for married
103.7couples filing joint returns the maximum is $250,000, and for all other filers the maximum
103.8is $125,000. The commissioner may not allocate more than a total of $1,000,000 in credits
103.9over all taxable years for qualified investments in any one qualified small business.
103.10(c) The commissioner may not allocate a credit to a qualified investor either as an
103.11individual qualified investor or as an investor in a qualified fund if the investor receives
103.12more than 50 percent of the investor's gross annual income from the qualified small
103.13business in which the qualified investment is proposed. A member of the family of an
103.14individual disqualified by this paragraph is not eligible for a credit under this section. For
103.15a married couple filing a joint return, the limitations in this paragraph apply collectively
103.16to the investor and spouse. For purposes of determining the ownership interest of an
103.17investor under this paragraph, the rules under section 267(c) and 267(e) of the Internal
103.18Revenue Code apply.
103.19(d) Applications for tax credits for 2010 must be made available on the department's
103.20Web site by September 1, 2010, and the department must begin accepting applications
103.21by September 1, 2010. Applications for subsequent years must be made available by
103.22November 1 of the preceding year.
103.23(e) Qualified investors and qualified funds must apply to the commissioner for tax
103.24credits. Tax credits must be allocated to qualified investors or qualified funds in the order
103.25that the tax credit request applications are filed with the department. The commissioner
103.26must approve or reject tax credit request applications within 15 days of receiving the
103.27application. The investment specified in the application must be made within 60 days of
103.28the allocation of the credits. If the investment is not made within 60 days, the credit
103.29allocation is canceled and available for reallocation. A qualified investor or qualified fund
103.30that fails to invest as specified in the application, within 60 days of allocation of the
103.31credits, must notify the commissioner of the failure to invest within five business days of
103.32the expiration of the 60-day investment period.
103.33(f) All tax credit request applications filed with the department on the same day must
103.34be treated as having been filed contemporaneously. If two or more qualified investors or
103.35qualified funds file tax credit request applications on the same day, and the aggregate
103.36amount of credit allocation claims exceeds the aggregate limit of credits under this section
104.1or the lesser amount of credits that remain unallocated on that day, then the credits must
104.2be allocated among the qualified investors or qualified funds who filed on that day on a
104.3pro rata basis with respect to the amounts claimed. The pro rata allocation for any one
104.4qualified investor or qualified fund is the product obtained by multiplying a fraction,
104.5the numerator of which is the amount of the credit allocation claim filed on behalf of
104.6a qualified investor and the denominator of which is the total of all credit allocation
104.7claims filed on behalf of all applicants on that day, by the amount of credits that remain
104.8unallocated on that day for the taxable year.
104.9(g) A qualified investor or qualified fund, or a qualified small business acting on their
104.10behalf, must notify the commissioner when an investment for which credits were allocated
104.11has been made, and the taxable year in which the investment was made. A qualified fund
104.12must also provide the commissioner with a statement indicating the amount invested by
104.13each investor in the qualified fund based on each investor's share of the assets of the
104.14qualified fund at the time of the qualified investment. After receiving notification that the
104.15investment was made, the commissioner must issue credit certificates for the taxable year
104.16in which the investment was made to the qualified investor or, for an investment made by
104.17a qualified fund, to each qualified investor who is an investor in the fund. The certificate
104.18must state that the credit is subject to revocation if the qualified investor or qualified
104.19fund does not hold the investment in the qualified small business for at least three years,
104.20consisting of the calendar year in which the investment was made and the two following
104.21years. The three-year holding period does not apply if:
104.22(1) the investment by the qualified investor or qualified fund becomes worthless
104.23before the end of the three-year period;
104.24(2) 80 percent or more of the assets of the qualified small business is sold before
104.25the end of the three-year period;
104.26(3) the qualified small business is sold before the end of the three-year period; or
104.27(4) the qualified small business's common stock begins trading on a public exchange
104.28before the end of the three-year period.
104.29(h) The commissioner must notify the commissioner of revenue of credit certificates
104.30issued under this section.
104.31EFFECTIVE DATE.This section is effective the day following final enactment for
104.32taxable years beginning after December 31, 2012.
104.33 Sec. 5. Minnesota Statutes 2012, section 116J.8737, is amended by adding a
104.34subdivision to read:
105.1 Subd. 5a. Promotion of credit in greater Minnesota. (a) By July 1, 2013, the
105.2commissioner shall develop a plan to increase awareness of and use of the credit for
105.3investments in greater Minnesota businesses with a target goal that a minimum of 30
105.4percent of the credit will be awarded for those investments during the second half
105.5of calendar year 2013 and for each full calendar year thereafter. Beginning with the
105.6legislative report due on March 15, 2014, under subdivision 9, the commissioner shall
105.7report on its plan under this subdivision and the results achieved.
105.8(b) If the target goal of 30 percent under paragraph (a) is not achieved for the
105.9six-month period ending on December 31, 2013, the credit percentage under subdivision
105.105, paragraph (a), is increased to 40 percent for a qualified investment made after December
105.1131, 2013, in a greater Minnesota business. This paragraph does not apply and the credit
105.12percentage for all qualified investments is the rate provided under subdivision 5 for any
105.13calendar year beginning after a calendar year for which the commissioner determines the
105.1430 percent target has been satisfied. The commissioner shall timely post notification of
105.15changes in the credit rate under this paragraph on the department's Web site.
105.16EFFECTIVE DATE.This section is effective the day following final enactment.
105.17 Sec. 6. Minnesota Statutes 2012, section 116J.8737, subdivision 7, is amended to read:
105.18 Subd. 7.
Revocation of credits. (a) If the commissioner determines that a
105.19qualified investor or qualified fund did not meet the three-year holding period required in
105.20subdivision 5, paragraph (g), any credit allocated and certified to the investor or fund is
105.21revoked and must be repaid by the investor.
105.22(b) If the commissioner determines that a business did not meet the employment
105.23and payroll requirements in subdivision 2, paragraph (c), clause (2)
, or paragraph (h), as
105.24applicable, in any of the five calendar years following the year in which an investment in the
105.25business that qualified for a tax credit under this section was made, the business must repay
105.26the following percentage of the credits allowed for qualified investments in the business:
105.27
|
Year following the year in which
|
Percentage of credit required
|
105.28
|
the investment was made:
|
to be repaid:
|
105.29
|
|
First
|
100%
|
|
105.30
|
|
Second
|
80%
|
|
105.31
|
|
Third
|
60%
|
|
105.32
|
|
Fourth
|
40%
|
|
105.33
|
|
Fifth
|
20%
|
|
105.34
|
|
Sixth and later
|
0
|
|
105.35(c) The commissioner must notify the commissioner of revenue of every credit
105.36revoked and subject to full or partial repayment under this section.
106.1(d) For the repayment of credits allowed under this section and section
290.0692,
106.2a qualified small business, qualified investor, or investor in a qualified fund must file an
106.3amended return with the commissioner of revenue and pay any amounts required to be
106.4repaid within 30 days after becoming subject to repayment under this section.
106.5EFFECTIVE DATE.This section is effective the day following final enactment.
106.6 Sec. 7. Minnesota Statutes 2012, section 116J.8737, subdivision 9, is amended to read:
106.7 Subd. 9.
Report to legislature. Beginning in 2011, the commissioner must
106.8annually report by March 15 to the chairs and ranking minority members of the legislative
106.9committees having jurisdiction over taxes and economic development in the senate and
106.10the house of representatives, in compliance with sections
3.195 and
3.197, on the tax
106.11credits issued under this section. The report must include:
106.12(1) the number and amount of the credits issued;
106.13(2) the recipients of the credits;
106.14(3) for each qualified small business, its location, line of business, and if it received
106.15an investment resulting in certification of tax credits;
106.16(4) the total amount of investment in each qualified small business resulting in
106.17certification of tax credits;
106.18(5) for each qualified small business that received investments resulting in tax
106.19credits, the total amount of additional investment that did not qualify for the tax credit;
106.20(6) the number and amount of credits revoked under subdivision 7;
106.21(7) the number and amount of credits that are no longer subject to the three-year
106.22holding period because of the exceptions under subdivision 5, paragraph (g), clauses
106.23(1) to (4);
and
106.24(8)
the number of qualified small businesses that are women or minority-owned; and
106.25(9) any other information relevant to evaluating the effect of these credits.
106.26EFFECTIVE DATE.This section is effective the day following final enactment.
106.27 Sec. 8. Minnesota Statutes 2012, section 116J.8737, subdivision 12, is amended to read:
106.28 Subd. 12.
Sunset. This section expires for taxable years beginning after December
106.2931,
2014 2015, except that reporting requirements under subdivision 6 and revocation
106.30of credits under subdivision 7 remain in effect through
2016 2017 for qualified
106.31investors and qualified funds, and through
2018 2019 for qualified small businesses,
106.32reporting requirements under subdivision 9 remain in effect through
2019 2020, and the
106.33appropriation in subdivision 11 remains in effect through
2018 2019.
107.1EFFECTIVE DATE.This section is effective the day following final enactment.
107.2 Sec. 9.
[136A.129] GREATER MINNESOTA INTERNSHIP PROGRAM.
107.3 Subdivision 1. Definitions. (a) For the purposes of this section, the terms defined in
107.4this subdivision have the meanings given to them.
107.5(b) "Eligible employer" means a taxpayer under section 290.01 with employees
107.6located in greater Minnesota.
107.7(c) "Eligible institution" means a Minnesota public postsecondary institution or a
107.8Minnesota private, nonprofit, baccalaureate degree-granting college or university.
107.9(d) "Eligible student" means a student enrolled in an eligible institution who has
107.10completed one-half of the credits necessary for the respective degree or certification.
107.11(e) "Greater Minnesota" means the area of the state outside of the counties of Anoka,
107.12Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and
107.13Wright.
107.14 Subd. 2. Program established. The Office of Higher Education shall administer
107.15a greater Minnesota internship program through eligible institutions to provide credit at
107.16the eligible institution for internships and tax credits for eligible employers who hire
107.17interns for employment in greater Minnesota. The purpose of the program is to encourage
107.18Minnesota businesses to:
107.19(1) employ and provide valuable experience to Minnesota students; and
107.20(2) foster long-term relationships between the students and greater Minnesota
107.21employers.
107.22 Subd. 3. Program components. (a) An intern must be an eligible student who has
107.23been admitted to a major program that is related to the intern experience as determined
107.24by the eligible institution.
107.25(b) To participate in the program, an eligible institution must:
107.26(1) enter into written agreements with eligible employers to provide internships that
107.27are at least 12 weeks long and located in greater Minnesota;
107.28(2) determine that the work experience of the internship is related to the eligible
107.29student's course of study; and
107.30(3) provide academic credit for the successful completion of the internship or ensure
107.31that it fulfills requirements necessary to complete a vocational technical education program.
107.32(c) To participate in the program, an eligible employer must enter into a written
107.33agreement with an eligible institution specifying that the intern:
107.34(1) would not have been hired without the tax credit described in subdivision 4;
108.1(2) did not work for the employer in the same or a similar job prior to entering
108.2the agreement;
108.3(3) does not replace an existing employee;
108.4(4) has not previously participated in the program;
108.5(5) will be employed at a location in greater Minnesota;
108.6(6) will be paid at least minimum wage for a minimum of 16 hours per week for a
108.7period of at least 12 weeks; and
108.8(7) will be supervised and evaluated by the employer.
108.9(d) Participating eligible institutions and eligible employers must report annually to
108.10the office. The report must include at least the following:
108.11(1) the number of interns hired;
108.12(2) the number of hours and weeks worked by interns; and
108.13(3) the compensation paid to interns.
108.14(e) An internship required to complete an academic program does not qualify for the
108.15greater Minnesota internship program under this section.
108.16 Subd. 4. Tax credit allowed. An employer is entitled to a tax credit as provided
108.17in section 290.06, subdivision 3b. The office shall allocate tax credits authorized in
108.18subdivision 4 to eligible institutions. The office shall determine relevant criteria to
108.19allocate the tax credits including the geographic distribution of credits to work locations
108.20outside the metropolitan area. Any credits allocated to an institution but not used may be
108.21reallocated to eligible institutions. The office shall allocate a portion of the administrative
108.22fee under section 290.06, subdivision 36, to participating eligible institutions for their
108.23administrative costs.
108.24 Subd. 5. Reports to the legislature. (a) By February 1, 2015, the office and the
108.25Department of Revenue shall report to the legislature on the greater Minnesota internship
108.26program. The report must include at least the following:
108.27(1) the number and dollar amount of credits allowed;
108.28(2) the number of interns employed under the program; and
108.29(3) the cost of administering the program.
108.30(b) By February 1, 2016, the office and the Department of Revenue shall report to the
108.31legislature with an analysis of the effectiveness of the program in stimulating businesses
108.32to hire interns and in assisting participating interns in finding permanent career positions.
108.33This report must include the number of students who participated in the program who
108.34were subsequently employed full-time by the employer.
108.35EFFECTIVE DATE.This section is effective for taxable years beginning after
108.36December 31, 2013.
109.1 Sec. 10. Minnesota Statutes 2012, section 289A.08, subdivision 3, is amended to read:
109.2 Subd. 3.
Corporations. (a) A corporation that is subject to the state's jurisdiction to
109.3tax under section
290.014, subdivision 5, must file a return
, except that a foreign operating
109.4corporation as defined in section
290.01, subdivision 6b, is not required to file a return.
109.5(b) Members of a unitary business that are required to file a combined report on one
109.6return must designate a member of the unitary business to be responsible for tax matters,
109.7including the filing of returns, the payment of taxes, additions to tax, penalties, interest,
109.8or any other payment, and for the receipt of refunds of taxes or interest paid in excess of
109.9taxes lawfully due. The designated member must be a member of the unitary business that
109.10is filing the single combined report and either:
109.11(1) a corporation that is subject to the taxes imposed by chapter 290; or
109.12(2) a corporation that is not subject to the taxes imposed by chapter 290:
109.13(i) Such corporation consents by filing the return as a designated member under this
109.14clause to remit taxes, penalties, interest, or additions to tax due from the members of the
109.15unitary business subject to tax, and receive refunds or other payments on behalf of other
109.16members of the unitary business. The member designated under this clause is a "taxpayer"
109.17for the purposes of this chapter and chapter 270C, and is liable for any liability imposed
109.18on the unitary business under this chapter and chapter 290.
109.19(ii) If the state does not otherwise have the jurisdiction to tax the member designated
109.20under this clause, consenting to be the designated member does not create the jurisdiction
109.21to impose tax on the designated member, other than as described in item (i).
109.22(iii) The member designated under this clause must apply for a business tax account
109.23identification number.
109.24(c) The commissioner shall adopt rules for the filing of one return on behalf of the
109.25members of an affiliated group of corporations that are required to file a combined report.
109.26All members of an affiliated group that are required to file a combined report must file one
109.27return on behalf of the members of the group under rules adopted by the commissioner.
109.28(d) If a corporation claims on a return that it has paid tax in excess of the amount of
109.29taxes lawfully due, that corporation must include on that return information necessary for
109.30payment of the tax in excess of the amount lawfully due by electronic means.
109.31EFFECTIVE DATE.This section is effective for taxable years beginning after
109.32December 31, 2012.
109.33 Sec. 11. Minnesota Statutes 2012, section 290.01, subdivision 19b, is amended to read:
109.34 Subd. 19b.
Subtractions from federal taxable income. For individuals, estates,
109.35and trusts, there shall be subtracted from federal taxable income:
110.1 (1) net interest income on obligations of any authority, commission, or
110.2instrumentality of the United States to the extent includable in taxable income for federal
110.3income tax purposes but exempt from state income tax under the laws of the United States;
110.4 (2) if included in federal taxable income, the amount of any overpayment of income
110.5tax to Minnesota or to any other state, for any previous taxable year, whether the amount
110.6is received as a refund or as a credit to another taxable year's income tax liability;
110.7 (3) the amount paid to others, less the amount used to claim the credit allowed under
110.8section
290.0674, not to exceed $1,625 for each qualifying child in grades kindergarten
110.9to 6 and $2,500 for each qualifying child in grades 7 to 12, for tuition, textbooks, and
110.10transportation of each qualifying child in attending an elementary or secondary school
110.11situated in Minnesota, North Dakota, South Dakota, Iowa, or Wisconsin, wherein a
110.12resident of this state may legally fulfill the state's compulsory attendance laws, which
110.13is not operated for profit, and which adheres to the provisions of the Civil Rights Act
110.14of 1964 and chapter 363A. For the purposes of this clause, "tuition" includes fees or
110.15tuition as defined in section
290.0674, subdivision 1, clause (1). As used in this clause,
110.16"textbooks" includes books and other instructional materials and equipment purchased
110.17or leased for use in elementary and secondary schools in teaching only those subjects
110.18legally and commonly taught in public elementary and secondary schools in this state.
110.19Equipment expenses qualifying for deduction includes expenses as defined and limited in
110.20section
290.0674, subdivision 1, clause (3). "Textbooks" does not include instructional
110.21books and materials used in the teaching of religious tenets, doctrines, or worship, the
110.22purpose of which is to instill such tenets, doctrines, or worship, nor does it include books
110.23or materials for, or transportation to, extracurricular activities including sporting events,
110.24musical or dramatic events, speech activities, driver's education, or similar programs. No
110.25deduction is permitted for any expense the taxpayer incurred in using the taxpayer's or
110.26the qualifying child's vehicle to provide such transportation for a qualifying child. For
110.27purposes of the subtraction provided by this clause, "qualifying child" has the meaning
110.28given in section 32(c)(3) of the Internal Revenue Code;
110.29 (4) income as provided under section
290.0802;
110.30 (5) to the extent included in federal adjusted gross income, income realized on
110.31disposition of property exempt from tax under section
290.491;
110.32 (6) to the extent not deducted or not deductible pursuant to section 408(d)(8)(E)
110.33of the Internal Revenue Code in determining federal taxable income by an individual
110.34who does not itemize deductions for federal income tax purposes for the taxable year, an
110.35amount equal to 50 percent of the excess of charitable contributions over $500 allowable
111.1as a deduction for the taxable year under section 170(a) of the Internal Revenue Code,
111.2under the provisions of Public Law 109-1 and Public Law 111-126;
111.3 (7) for individuals who are allowed a federal foreign tax credit for taxes that do not
111.4qualify for a credit under section
290.06, subdivision 22, an amount equal to the carryover
111.5of subnational foreign taxes for the taxable year, but not to exceed the total subnational
111.6foreign taxes reported in claiming the foreign tax credit. For purposes of this clause,
111.7"federal foreign tax credit" means the credit allowed under section 27 of the Internal
111.8Revenue Code, and "carryover of subnational foreign taxes" equals the carryover allowed
111.9under section 904(c) of the Internal Revenue Code minus national level foreign taxes to
111.10the extent they exceed the federal foreign tax credit;
111.11 (8) in each of the five tax years immediately following the tax year in which an
111.12addition is required under subdivision 19a, clause (7), or 19c, clause
(15) (14), in the case
111.13of a shareholder of a corporation that is an S corporation, an amount equal to one-fifth of the
111.14delayed depreciation. For purposes of this clause, "delayed depreciation" means the amount
111.15of the addition made by the taxpayer under subdivision 19a, clause (7), or subdivision 19c,
111.16clause
(15) (14), in the case of a shareholder of an S corporation, minus the positive value
111.17of any net operating loss under section 172 of the Internal Revenue Code generated for the
111.18tax year of the addition. The resulting delayed depreciation cannot be less than zero;
111.19 (9) job opportunity building zone income as provided under section
469.316;
111.20 (10) to the extent included in federal taxable income, the amount of compensation
111.21paid to members of the Minnesota National Guard or other reserve components of the
111.22United States military for active service, excluding compensation for services performed
111.23under the Active Guard Reserve (AGR) program. For purposes of this clause, "active
111.24service" means (i) state active service as defined in section
190.05, subdivision 5a, clause
111.25(1); or (ii) federally funded state active service as defined in section
190.05, subdivision
111.265b
, but "active service" excludes service performed in accordance with section
190.08,
111.27subdivision 3
;
111.28 (11) to the extent included in federal taxable income, the amount of compensation
111.29paid to Minnesota residents who are members of the armed forces of the United States
111.30or United Nations for active duty performed under United States Code, title 10; or the
111.31authority of the United Nations;
111.32 (12) an amount, not to exceed $10,000, equal to qualified expenses related to a
111.33qualified donor's donation, while living, of one or more of the qualified donor's organs
111.34to another person for human organ transplantation. For purposes of this clause, "organ"
111.35means all or part of an individual's liver, pancreas, kidney, intestine, lung, or bone marrow;
111.36"human organ transplantation" means the medical procedure by which transfer of a human
112.1organ is made from the body of one person to the body of another person; "qualified
112.2expenses" means unreimbursed expenses for both the individual and the qualified donor
112.3for (i) travel, (ii) lodging, and (iii) lost wages net of sick pay, except that such expenses
112.4may be subtracted under this clause only once; and "qualified donor" means the individual
112.5or the individual's dependent, as defined in section 152 of the Internal Revenue Code. An
112.6individual may claim the subtraction in this clause for each instance of organ donation for
112.7transplantation during the taxable year in which the qualified expenses occur;
112.8 (13) in each of the five tax years immediately following the tax year in which an
112.9addition is required under subdivision 19a, clause (8), or 19c, clause
(16) (15), in the case
112.10of a shareholder of a corporation that is an S corporation, an amount equal to one-fifth of
112.11the addition made by the taxpayer under subdivision 19a, clause (8), or 19c, clause
(16)
112.12 (15), in the case of a shareholder of a corporation that is an S corporation, minus the
112.13positive value of any net operating loss under section 172 of the Internal Revenue Code
112.14generated for the tax year of the addition. If the net operating loss exceeds the addition for
112.15the tax year, a subtraction is not allowed under this clause;
112.16 (14) to the extent included in the federal taxable income of a nonresident of
112.17Minnesota, compensation paid to a service member as defined in United States Code, title
112.1810, section 101(a)(5), for military service as defined in the Servicemembers Civil Relief
112.19Act, Public Law 108-189, section 101(2);
112.20 (15) to the extent included in federal taxable income, the amount of national service
112.21educational awards received from the National Service Trust under United States Code,
112.22title 42, sections 12601 to 12604, for service in an approved Americorps National Service
112.23program;
112.24(16) to the extent included in federal taxable income, discharge of indebtedness
112.25income resulting from reacquisition of business indebtedness included in federal taxable
112.26income under section 108(i) of the Internal Revenue Code. This subtraction applies only
112.27to the extent that the income was included in net income in a prior year as a result of the
112.28addition under section
290.01, subdivision 19a, clause (16);
and
112.29(17) the amount of the net operating loss allowed under section
290.095, subdivision
112.3011
, paragraph (c)
; and
112.31(18) in the year that the expenditures are made for railroad track maintenance, as
112.32defined in section 45G(d) of the Internal Revenue Code, in the case of a shareholder of a
112.33corporation that is an S corporation or a partner in a partnership, an amount equal to the
112.34credit awarded pursuant to section 45G(a) of the Internal Revenue Code. The subtraction
112.35shall be reduced to an amount equal to the percentage of the shareholder's or partner's
112.36share of the net income of the S corporation or partnership.
113.1EFFECTIVE DATE.This section is effective for taxable years beginning after
113.2December 31, 2012.
113.3 Sec. 12. Minnesota Statutes 2012, section 290.01, subdivision 19c, is amended to read:
113.4 Subd. 19c.
Corporations; additions to federal taxable income. For corporations,
113.5there shall be added to federal taxable income:
113.6 (1) the amount of any deduction taken for federal income tax purposes for income,
113.7excise, or franchise taxes based on net income or related minimum taxes, including but not
113.8limited to the tax imposed under section
290.0922, paid by the corporation to Minnesota,
113.9another state, a political subdivision of another state, the District of Columbia, or any
113.10foreign country or possession of the United States;
113.11 (2) interest not subject to federal tax upon obligations of: the United States, its
113.12possessions, its agencies, or its instrumentalities; the state of Minnesota or any other
113.13state, any of its political or governmental subdivisions, any of its municipalities, or any
113.14of its governmental agencies or instrumentalities; the District of Columbia; or Indian
113.15tribal governments;
113.16 (3) exempt-interest dividends received as defined in section 852(b)(5) of the Internal
113.17Revenue Code;
113.18 (4) the amount of any net operating loss deduction taken for federal income tax
113.19purposes under section 172 or 832(c)(10) of the Internal Revenue Code or operations loss
113.20deduction under section 810 of the Internal Revenue Code;
113.21 (5) the amount of any special deductions taken for federal income tax purposes
113.22under sections 241 to 247 and 965 of the Internal Revenue Code;
113.23 (6) losses from the business of mining, as defined in section
290.05, subdivision 1,
113.24clause (a), that are not subject to Minnesota income tax;
113.25 (7) the amount of any capital losses deducted for federal income tax purposes under
113.26sections 1211 and 1212 of the Internal Revenue Code;
113.27 (8) the exempt foreign trade income of a foreign sales corporation under sections
113.28921(a) and 291 of the Internal Revenue Code;
113.29 (9) the amount of percentage depletion deducted under sections 611 through 614 and
113.30291 of the Internal Revenue Code;
113.31 (10) for certified pollution control facilities placed in service in a taxable year
113.32beginning before December 31, 1986, and for which amortization deductions were elected
113.33under section 169 of the Internal Revenue Code of 1954, as amended through December
113.3431, 1985, the amount of the amortization deduction allowed in computing federal taxable
113.35income for those facilities;
114.1 (11) the amount of any deemed dividend from a foreign operating corporation
114.2determined pursuant to section
290.17, subdivision 4, paragraph (g). The deemed dividend
114.3shall be reduced by the amount of the addition to income required by clauses (20), (21),
114.4(22), and (23);
114.5 (12) (11) the amount of a partner's pro rata share of net income which does not flow
114.6through to the partner because the partnership elected to pay the tax on the income under
114.7section 6242(a)(2) of the Internal Revenue Code;
114.8 (13) (12) the amount of net income excluded under section 114 of the Internal
114.9Revenue Code;
114.10 (14) (13) any increase in subpart F income, as defined in section 952(a) of the
114.11Internal Revenue Code, for the taxable year when subpart F income is calculated without
114.12regard to the provisions of Division C, title III, section 303(b) of Public Law 110-343;
114.13 (15) (14) 80 percent of the depreciation deduction allowed under section
114.14168(k)(1)(A) and (k)(4)(A) of the Internal Revenue Code. For purposes of this clause, if
114.15the taxpayer has an activity that in the taxable year generates a deduction for depreciation
114.16under section 168(k)(1)(A) and (k)(4)(A) and the activity generates a loss for the taxable
114.17year that the taxpayer is not allowed to claim for the taxable year, "the depreciation
114.18allowed under section 168(k)(1)(A) and (k)(4)(A)" for the taxable year is limited to excess
114.19of the depreciation claimed by the activity under section 168(k)(1)(A) and (k)(4)(A)
114.20over the amount of the loss from the activity that is not allowed in the taxable year. In
114.21succeeding taxable years when the losses not allowed in the taxable year are allowed, the
114.22depreciation under section 168(k)(1)(A) and (k)(4)(A) is allowed;
114.23 (16) (15) 80 percent of the amount by which the deduction allowed by section 179 of
114.24the Internal Revenue Code exceeds the deduction allowable by section 179 of the Internal
114.25Revenue Code of 1986, as amended through December 31, 2003;
114.26 (17) (16) to the extent deducted in computing federal taxable income, the amount of
114.27the deduction allowable under section 199 of the Internal Revenue Code;
114.28 (18) (17) for taxable years beginning before January 1, 2013, the exclusion allowed
114.29under section 139A of the Internal Revenue Code for federal subsidies for prescription
114.30drug plans;
114.31 (19) (18) the amount of expenses disallowed under section
290.10, subdivision 2;
114.32 (20) an amount equal to the interest and intangible expenses, losses, and costs paid,
114.33accrued, or incurred by any member of the taxpayer's unitary group to or for the benefit
114.34of a corporation that is a member of the taxpayer's unitary business group that qualifies
114.35as a foreign operating corporation. For purposes of this clause, intangible expenses and
114.36costs include:
115.1 (i) expenses, losses, and costs for, or related to, the direct or indirect acquisition,
115.2use, maintenance or management, ownership, sale, exchange, or any other disposition of
115.3intangible property;
115.4 (ii) losses incurred, directly or indirectly, from factoring transactions or discounting
115.5transactions;
115.6 (iii) royalty, patent, technical, and copyright fees;
115.7 (iv) licensing fees; and
115.8 (v) other similar expenses and costs.
115.9For purposes of this clause, "intangible property" includes stocks, bonds, patents, patent
115.10applications, trade names, trademarks, service marks, copyrights, mask works, trade
115.11secrets, and similar types of intangible assets.
115.12This clause does not apply to any item of interest or intangible expenses or costs paid,
115.13accrued, or incurred, directly or indirectly, to a foreign operating corporation with respect
115.14to such item of income to the extent that the income to the foreign operating corporation
115.15is income from sources without the United States as defined in subtitle A, chapter 1,
115.16subchapter N, part 1, of the Internal Revenue Code;
115.17 (21) except as already included in the taxpayer's taxable income pursuant to clause
115.18(20), any interest income and income generated from intangible property received or
115.19accrued by a foreign operating corporation that is a member of the taxpayer's unitary
115.20group. For purposes of this clause, income generated from intangible property includes:
115.21 (i) income related to the direct or indirect acquisition, use, maintenance or
115.22management, ownership, sale, exchange, or any other disposition of intangible property;
115.23 (ii) income from factoring transactions or discounting transactions;
115.24 (iii) royalty, patent, technical, and copyright fees;
115.25 (iv) licensing fees; and
115.26 (v) other similar income.
115.27For purposes of this clause, "intangible property" includes stocks, bonds, patents, patent
115.28applications, trade names, trademarks, service marks, copyrights, mask works, trade
115.29secrets, and similar types of intangible assets.
115.30This clause does not apply to any item of interest or intangible income received or accrued
115.31by a foreign operating corporation with respect to such item of income to the extent that
115.32the income is income from sources without the United States as defined in subtitle A,
115.33chapter 1, subchapter N, part 1, of the Internal Revenue Code;
115.34 (22) the dividends attributable to the income of a foreign operating corporation that
115.35is a member of the taxpayer's unitary group in an amount that is equal to the dividends
116.1paid deduction of a real estate investment trust under section 561(a) of the Internal
116.2Revenue Code for amounts paid or accrued by the real estate investment trust to the
116.3foreign operating corporation;
116.4 (23) the income of a foreign operating corporation that is a member of the taxpayer's
116.5unitary group in an amount that is equal to gains derived from the sale of real or personal
116.6property located in the United States;
116.7 (24) (19) for taxable years beginning before January 1, 2010, the additional amount
116.8allowed as a deduction for donation of computer technology and equipment under section
116.9170(e)(6) of the Internal Revenue Code, to the extent deducted from taxable income; and
116.10(25) (20) discharge of indebtedness income resulting from reacquisition of business
116.11indebtedness and deferred under section 108(i) of the Internal Revenue Code.
116.12EFFECTIVE DATE.This section is effective for taxable years beginning after
116.13December 31, 2012.
116.14 Sec. 13. Minnesota Statutes 2012, section 290.01, subdivision 19d, is amended to read:
116.15 Subd. 19d.
Corporations; modifications decreasing federal taxable income. For
116.16corporations, there shall be subtracted from federal taxable income after the increases
116.17provided in subdivision 19c:
116.18 (1) the amount of foreign dividend gross-up added to gross income for federal
116.19income tax purposes under section 78 of the Internal Revenue Code;
116.20 (2) the amount of salary expense not allowed for federal income tax purposes due to
116.21claiming the work opportunity credit under section 51 of the Internal Revenue Code;
116.22 (3) any dividend (not including any distribution in liquidation) paid within the
116.23taxable year by a national or state bank to the United States, or to any instrumentality of
116.24the United States exempt from federal income taxes, on the preferred stock of the bank
116.25owned by the United States or the instrumentality;
116.26 (4) amounts disallowed for intangible drilling costs due to differences between
116.27this chapter and the Internal Revenue Code in taxable years beginning before January
116.281, 1987, as follows:
116.29 (i) to the extent the disallowed costs are represented by physical property, an amount
116.30equal to the allowance for depreciation under Minnesota Statutes 1986, section
290.09,
116.31subdivision 7
, subject to the modifications contained in subdivision 19e; and
116.32 (ii) to the extent the disallowed costs are not represented by physical property, an
116.33amount equal to the allowance for cost depletion under Minnesota Statutes 1986, section
116.34290.09, subdivision 8
;
117.1 (5) the deduction for capital losses pursuant to sections 1211 and 1212 of the
117.2Internal Revenue Code, except that:
117.3 (i) for capital losses incurred in taxable years beginning after December 31, 1986,
117.4capital loss carrybacks shall not be allowed;
117.5 (ii) for capital losses incurred in taxable years beginning after December 31, 1986,
117.6a capital loss carryover to each of the 15 taxable years succeeding the loss year shall be
117.7allowed;
117.8 (iii) for capital losses incurred in taxable years beginning before January 1, 1987, a
117.9capital loss carryback to each of the three taxable years preceding the loss year, subject to
117.10the provisions of Minnesota Statutes 1986, section
290.16, shall be allowed; and
117.11 (iv) for capital losses incurred in taxable years beginning before January 1, 1987,
117.12a capital loss carryover to each of the five taxable years succeeding the loss year to the
117.13extent such loss was not used in a prior taxable year and subject to the provisions of
117.14Minnesota Statutes 1986, section
290.16, shall be allowed;
117.15 (6) an amount for interest and expenses relating to income not taxable for federal
117.16income tax purposes, if (i) the income is taxable under this chapter and (ii) the interest and
117.17expenses were disallowed as deductions under the provisions of section 171(a)(2), 265 or
117.18291 of the Internal Revenue Code in computing federal taxable income;
117.19 (7) in the case of mines, oil and gas wells, other natural deposits, and timber for
117.20which percentage depletion was disallowed pursuant to subdivision 19c, clause (9), a
117.21reasonable allowance for depletion based on actual cost. In the case of leases the deduction
117.22must be apportioned between the lessor and lessee in accordance with rules prescribed
117.23by the commissioner. In the case of property held in trust, the allowable deduction must
117.24be apportioned between the income beneficiaries and the trustee in accordance with the
117.25pertinent provisions of the trust, or if there is no provision in the instrument, on the basis
117.26of the trust's income allocable to each;
117.27 (8) for certified pollution control facilities placed in service in a taxable year
117.28beginning before December 31, 1986, and for which amortization deductions were elected
117.29under section 169 of the Internal Revenue Code of 1954, as amended through December
117.3031, 1985, an amount equal to the allowance for depreciation under Minnesota Statutes
117.311986, section
290.09, subdivision 7;
117.32 (9) amounts included in federal taxable income that are due to refunds of income,
117.33excise, or franchise taxes based on net income or related minimum taxes paid by the
117.34corporation to Minnesota, another state, a political subdivision of another state, the
117.35District of Columbia, or a foreign country or possession of the United States to the extent
118.1that the taxes were added to federal taxable income under
section 290.01, subdivision 19c,
118.2clause (1), in a prior taxable year;
118.3 (10) 80 percent of royalties, fees, or other like income accrued or received from a
118.4foreign operating corporation or a foreign corporation which is part of the same unitary
118.5business as the receiving corporation, unless the income resulting from such payments or
118.6accruals is income from sources within the United States as defined in subtitle A, chapter
118.71, subchapter N, part 1, of the Internal Revenue Code;
118.8 (11) (10) income or gains from the business of mining as defined in section
290.05,
118.9subdivision 1
, clause (a), that are not subject to Minnesota franchise tax;
118.10 (12) (11) the amount of disability access expenditures in the taxable year which are not
118.11allowed to be deducted or capitalized under section 44(d)(7) of the Internal Revenue Code;
118.12 (13) (12) the amount of qualified research expenses not allowed for federal income
118.13tax purposes under section 280C(c) of the Internal Revenue Code, but only to the extent
118.14that the amount exceeds the amount of the credit allowed under section
290.068;
118.15 (14) (13) the amount of salary expenses not allowed for federal income tax purposes
118.16due to claiming the Indian employment credit under section 45A(a) of the Internal
118.17Revenue Code;
118.18 (15) (14) for a corporation whose foreign sales corporation, as defined in section
118.19922 of the Internal Revenue Code, constituted a foreign operating corporation during any
118.20taxable year ending before January 1, 1995, and a return was filed by August 15, 1996,
118.21claiming the deduction under section
290.21, subdivision 4, for income received from
118.22the foreign operating corporation, an amount equal to
1.23 multiplied by the amount of
118.23income excluded under section 114 of the Internal Revenue Code, provided the income is
118.24not income of a foreign operating company;
118.25 (16) (15) any decrease in subpart F income, as defined in section 952(a) of the
118.26Internal Revenue Code, for the taxable year when subpart F income is calculated without
118.27regard to the provisions of Division C, title III, section 303(b) of Public Law 110-343;
118.28 (17) (16) in each of the five tax years immediately following the tax year in which an
118.29addition is required under subdivision 19c, clause
(15) (14), an amount equal to one-fifth
118.30of the delayed depreciation. For purposes of this clause, "delayed depreciation" means the
118.31amount of the addition made by the taxpayer under subdivision 19c, clause
(15) (14). The
118.32resulting delayed depreciation cannot be less than zero;
118.33 (18) (17) in each of the five tax years immediately following the tax year in which an
118.34addition is required under subdivision 19c, clause
(16) (15), an amount equal to one-fifth
118.35of the amount of the addition;
and
119.1(19) (18) to the extent included in federal taxable income, discharge of indebtedness
119.2income resulting from reacquisition of business indebtedness included in federal taxable
119.3income under section 108(i) of the Internal Revenue Code. This subtraction applies only
119.4to the extent that the income was included in net income in a prior year as a result of the
119.5addition under
section 290.01, subdivision 19c, clause
(25) (20); and
119.6(19) in the year that the expenditures are made for railroad track maintenance, as
119.7defined in section 45G(d) of the Internal Revenue Code, an amount equal to the credit
119.8awarded pursuant to section 45G(a) of the Internal Revenue Code.
119.9EFFECTIVE DATE.This section is effective for taxable years beginning after
119.10December 31, 2012.
119.11 Sec. 14. Minnesota Statutes 2012, section 290.06, subdivision 1, is amended to read:
119.12 Subdivision 1.
Computation, corporations. The franchise tax imposed upon
119.13corporations shall be computed by applying to their taxable income the rate of
9.8 9.0
119.14percent.
119.15EFFECTIVE DATE.This section is effective for taxable years beginning after
119.16December 31, 2012.
119.17 Sec. 15. Minnesota Statutes 2012, section 290.06, subdivision 2c, is amended to read:
119.18 Subd. 2c.
Schedules of rates for individuals, estates, and trusts. (a) The income
119.19taxes imposed by this chapter upon married individuals filing joint returns and surviving
119.20spouses as defined in section 2(a) of the Internal Revenue Code must be computed by
119.21applying to their taxable net income the following schedule of rates:
119.22 (1) On the first
$25,680 $35,480, 5.35 percent;
119.23 (2) On all over
$25,680 $35,480, but not over
$102,030 $140,960, 7.05 percent;
119.24 (3) On all over
$102,030 $140,960,
7.85 9.4 percent.
119.25 Married individuals filing separate returns, estates, and trusts must compute their
119.26income tax by applying the above rates to their taxable income, except that the income
119.27brackets will be one-half of the above amounts.
119.28 (b) The income taxes imposed by this chapter upon unmarried individuals must be
119.29computed by applying to taxable net income the following schedule of rates:
119.30 (1) On the first
$17,570 $24,270, 5.35 percent;
119.31 (2) On all over
$17,570 $24,270, but not over
$57,710 $79,730, 7.05 percent;
119.32 (3) On all over
$57,710 $79,730,
7.85 9.4 percent.
120.1 (c) The income taxes imposed by this chapter upon unmarried individuals qualifying
120.2as a head of household as defined in section 2(b) of the Internal Revenue Code must be
120.3computed by applying to taxable net income the following schedule of rates:
120.4 (1) On the first
$21,630 $29,880, 5.35 percent;
120.5 (2) On all over
$21,630 $29,880, but not over
$86,910 $120,070, 7.05 percent;
120.6 (3) On all over
$86,910 $120,070,
7.85 9.4 percent.
120.7 (d) In lieu of a tax computed according to the rates set forth in this subdivision, the
120.8tax of any individual taxpayer whose taxable net income for the taxable year is less than
120.9an amount determined by the commissioner must be computed in accordance with tables
120.10prepared and issued by the commissioner of revenue based on income brackets of not
120.11more than $100. The amount of tax for each bracket shall be computed at the rates set
120.12forth in this subdivision, provided that the commissioner may disregard a fractional part of
120.13a dollar unless it amounts to 50 cents or more, in which case it may be increased to $1.
120.14 (e) An individual who is not a Minnesota resident for the entire year must compute
120.15the individual's Minnesota income tax as provided in this subdivision. After the
120.16application of the nonrefundable credits provided in this chapter, the tax liability must
120.17then be multiplied by a fraction in which:
120.18 (1) the numerator is the individual's Minnesota source federal adjusted gross income
120.19as defined in section 62 of the Internal Revenue Code and increased by the additions
120.20required under section
290.01, subdivision 19a, clauses (1), (5), (6), (7), (8), (9), (12),
120.21(13), and (16) to (18), and reduced by the Minnesota assignable portion of the subtraction
120.22for United States government interest under section
290.01, subdivision 19b, clause
120.23(1), and the subtractions under section
290.01, subdivision 19b, clauses (8), (9), (13),
120.24(14), (16), and (17), after applying the allocation and assignability provisions of section
120.25290.081
, clause (a), or
290.17; and
120.26 (2) the denominator is the individual's federal adjusted gross income as defined in
120.27section 62 of the Internal Revenue Code of 1986, increased by the amounts specified in
120.28section
290.01, subdivision 19a, clauses (1), (5), (6), (7), (8), (9), (12), (13), and (16) to
120.29(18), and reduced by the amounts specified in section
290.01, subdivision 19b, clauses (1),
120.30(8), (9), (13), (14), (16), and (17).
120.31EFFECTIVE DATE.This section is effective for taxable years beginning after
120.32December 31, 2012.
120.33 Sec. 16. Minnesota Statutes 2012, section 290.06, subdivision 2d, is amended to read:
120.34 Subd. 2d.
Inflation adjustment of brackets. (a) For taxable years beginning after
120.35December 31,
2000 2013, the minimum and maximum dollar amounts for each rate
121.1bracket for which a tax is imposed in subdivision 2c shall be adjusted for inflation by the
121.2percentage determined under paragraph (b). For the purpose of making the adjustment as
121.3provided in this subdivision all of the rate brackets provided in subdivision 2c shall be the
121.4rate brackets as they existed for taxable years beginning after December 31,
1999 2012,
121.5and before January 1,
2001 2014. The rate applicable to any rate bracket must not be
121.6changed. The dollar amounts setting forth the tax shall be adjusted to reflect the changes
121.7in the rate brackets. The rate brackets as adjusted must be rounded to the nearest $10
121.8amount. If the rate bracket ends in $5, it must be rounded up to the nearest $10 amount.
121.9(b) The commissioner shall adjust the rate brackets and by the percentage determined
121.10pursuant to the provisions of section 1(f) of the Internal Revenue Code, except that in
121.11section 1(f)(3)(B) the word
"1999" "2012" shall be substituted for the word "1992." For
121.122001 2014, the commissioner shall then determine the percent change from the 12 months
121.13ending on August 31,
1999 2012, to the 12 months ending on August 31,
2000 2013, and
121.14in each subsequent year, from the 12 months ending on August 31,
1999 2012, to the 12
121.15months ending on August 31 of the year preceding the taxable year. The determination of
121.16the commissioner pursuant to this subdivision shall not be considered a "rule" and shall
121.17not be subject to the Administrative Procedure Act contained in chapter 14.
121.18No later than December 15 of each year, the commissioner shall announce the
121.19specific percentage that will be used to adjust the tax rate brackets.
121.20EFFECTIVE DATE.This section is effective for taxable years beginning after
121.21December 31, 2012.
121.22 Sec. 17. Minnesota Statutes 2012, section 290.06, is amended by adding a subdivision
121.23to read:
121.24 Subd. 36. Greater Minnesota internship credit. (a) A taxpayer may take a credit
121.25against the tax due under this chapter equal to the lesser of:
121.26(1) 40 percent of the compensation paid to an intern qualifying under the program
121.27established under section 136A.129, but not to exceed $2,000 per intern; or
121.28(2) the amount certified by the Office of Higher Education under section 136A.129
121.29to the taxpayer.
121.30(b) Credits allowed to a partnership, a limited liability company taxed as a
121.31partnership, an S corporation, or multiple owners of property are passed through to the
121.32partners, members, shareholders, or owners, respectively, pro rata to each partner, member,
121.33shareholder, or owner based on their share of the entity's income for the taxable year.
122.1(c) If the amount of credit which the taxpayer is eligible to receive under this
122.2subdivision exceeds the taxpayer's tax liability under this chapter, the commissioner of
122.3revenue shall refund the excess to the taxpayer.
122.4(d) The amount necessary to:
122.5(1) pay claims for the refund provided in this subdivision; and
122.6(2) an amount equal to one percent of the total amount of the credits authorized
122.7under this subdivision for an administrative fee for the Office of Higher Education
122.8and participating eligible institutions is appropriated from the general fund to the
122.9commissioner of revenue, not to exceed $2,020,000.
122.10The commissioner of revenue shall transfer the amount of the administrative fee to
122.11the Office of Higher Education.
122.12EFFECTIVE DATE.This section is effective for taxable years beginning after
122.13December 31, 2013.
122.14 Sec. 18. Minnesota Statutes 2012, section 290.0677, subdivision 1, is amended to read:
122.15 Subdivision 1.
Credit allowed; current military service. (a) An individual is
122.16allowed a credit against the tax due under this chapter equal to $59 for each month or
122.17portion thereof that the individual was in active military service in a designated area after
122.18September 11, 2001, and before January 1, 2009, while a Minnesota domiciliary.
122.19 (b) An individual is allowed a credit against the tax due under this chapter equal
122.20to
$120 $200 for each month or portion thereof that the individual was in active military
122.21service in a designated area after December 31, 2008, while a Minnesota domiciliary.
122.22 (c) For active service performed after September 11, 2001, and before December 31,
122.232006, the individual may claim the credit in the taxable year beginning after December 31,
122.242005, and before January 1, 2007.
122.25 (d) For active service performed after December 31, 2006, the individual may claim
122.26the credit for the taxable year in which the active service was performed.
122.27 (e) If an individual entitled to the credit died prior to January 1, 2006, the individual's
122.28estate or heirs at law, if the individual's probate estate has closed or the estate was not
122.29probated, may claim the credit.
122.30EFFECTIVE DATE.This section is effective for taxable years beginning after
122.31December 31, 2012.
122.32 Sec. 19. Minnesota Statutes 2012, section 290.0677, subdivision 1a, is amended to read:
123.1 Subd. 1a.
Credit allowed; past military service. (a) A qualified individual is
123.2allowed a credit against the tax imposed under this chapter for past military service. The
123.3credit equals
$750 $1,500. The credit allowed under this subdivision is reduced by ten
123.4percent of adjusted gross income in excess of $30,000, but in no case is the credit less
123.5than zero.
123.6 (b) For a nonresident or a part-year resident, the credit under this subdivision
123.7must be allocated based on the percentage calculated under section
290.06, subdivision
123.82c
, paragraph (e).
123.9EFFECTIVE DATE.This section is effective for taxable years beginning after
123.10December 31, 2012.
123.11 Sec. 20. Minnesota Statutes 2012, section 290.0677, subdivision 2, is amended to read:
123.12 Subd. 2.
Definitions. (a) For purposes of this section
, the following terms have
123.13the meanings given.
123.14 (b) "Designated area" means a:
123.15 (1) combat zone designated by Executive Order from the President of the United
123.16States;
123.17 (2) qualified hazardous duty area, designated in Public Law; or
123.18 (3) location certified by the U. S. Department of Defense as eligible for combat zone
123.19tax benefits due to the location's direct support of military operations.
123.20 (c) "Active military service" means active duty service in any of the United States
123.21armed forces, the National Guard, or reserves.
123.22 (d) "Qualified individual" means an individual who has
:
123.23 (1)
either (i) met one of the following criteria:
123.24 (i) has served at least 20 years in the military
or;
123.25 (ii) has a service-connected disability rating of 100 percent for a total and permanent
123.26disability;
or
123.27 (iii) has been determined by the military to be eligible for compensation from a
123.28pension or other retirement pay from the federal government for service in the military,
123.29as computed under United States Code, title 10, sections 1401 to 1414, 1447 to 1455,
123.30or 12733; and
123.31 (2) separated from military service before the end of the taxable year.
123.32 (e) "Adjusted gross income" has the meaning given in section 61 of the Internal
123.33Revenue Code.
124.1EFFECTIVE DATE.This section is effective for taxable years beginning after
124.2December 31, 2012.
124.3 Sec. 21. Minnesota Statutes 2012, section 290.068, subdivision 1, is amended to read:
124.4 Subdivision 1.
Credit allowed. A corporation, partners in a partnership, or
124.5shareholders in a corporation treated as an "S" corporation under section
290.9725 are
124.6allowed a credit against the tax computed under this chapter for the taxable year equal to:
124.7 (a) ten percent of the first $2,000,000 of the excess (if any) of
124.8 (1) the qualified research expenses for the taxable year, over
124.9 (2) the base amount; and
124.10 (b)
2.5 4.5 percent on all of such excess expenses over $2,000,000.
124.11EFFECTIVE DATE.This section is effective for taxable years beginning after
124.12December 31, 2012.
124.13 Sec. 22. Minnesota Statutes 2012, section 290.0681, subdivision 1, is amended to read:
124.14 Subdivision 1.
Definitions. (a) For purposes of this section, the following terms
124.15have the meanings given.
124.16(b) "Account" means the historic credit administration account in the special
124.17revenue fund.
124.18(c) "Office" means the State Historic Preservation Office of the Minnesota Historical
124.19Society.
124.20(d) "Project" means rehabilitation of a certified historic structure, as defined in
124.21section 47(c)(3)(A) of the Internal Revenue Code, that is located in Minnesota and is
124.22allowed a federal credit
under section 47(a)(2) of the Internal Revenue Code.
124.23(e) "Society" means the Minnesota Historical Society.
124.24(f) "Federal credit" means the credit allowed under section 47(a)(2) of the Internal
124.25Revenue Code.
124.26(g) "Placed in service" has the meaning used in section 47 of the Internal Revenue
124.27Code.
124.28(h) "Qualified rehabilitation expenditures" has the meaning given in section 47 of
124.29the Internal Revenue Code.
124.30EFFECTIVE DATE.This section is effective the day following final enactment.
124.31 Sec. 23. Minnesota Statutes 2012, section 290.0681, subdivision 3, is amended to read:
125.1 Subd. 3.
Applications; allocations. (a) To qualify for a credit or grant under this
125.2section, the developer of a project must apply to the office before the rehabilitation begins.
125.3The application must contain the information and be in the form prescribed by the office.
125.4The office may collect a fee for application of up to
$5,000 0.5 percent of qualified
125.5rehabilitation expenditures, up to $45,000, based on estimated qualified rehabilitation
125.6expenses expenditures, to offset costs associated with personnel and administrative
125.7expenses related to administering the credit and preparing the economic impact report
125.8in subdivision 9. Application fees are deposited in the account. The application must
125.9indicate if the application is for a credit or a grant in lieu of the credit or a combination of
125.10the two and designate the taxpayer qualifying for the credit or the recipient of the grant.
125.11 (b) Upon approving an application for credit, the office shall issue allocation
125.12certificates that:
125.13 (1) verify eligibility for the credit or grant;
125.14 (2) state the amount of credit or grant anticipated with the project, with the credit
125.15amount equal to 100 percent and the grant amount equal to 90 percent of the federal
125.16credit anticipated in the application;
125.17 (3) state that the credit or grant allowed may increase or decrease if the federal
125.18credit the project receives at the time it is placed in service is different than the amount
125.19anticipated at the time the allocation certificate is issued; and
125.20 (4) state the fiscal year in which the credit or grant is allocated, and that the taxpayer
125.21or grant recipient is entitled to receive the credit or grant at the time the project is placed
125.22in service, provided that date is within three calendar years following the issuance of
125.23the allocation certificate.
125.24 (c) The office, in consultation with the commissioner
of revenue, shall determine
125.25if the project is eligible for a credit or a grant under this section
and must notify the
125.26developer in writing of its determination. Eligibility for the credit is subject to review
125.27and audit by the commissioner
of revenue.
125.28 (d) The federal credit recapture and repayment requirements under section 50 of the
125.29Internal Revenue Code do not apply to the credit allowed under this section.
125.30(e) Any decision of the office under paragraph (c) may be challenged as a contested
125.31case under chapter 14. The contested case proceeding must be initiated within 45 days of
125.32the date of written notification by the office.
125.33EFFECTIVE DATE.This section is effective the day following final enactment.
125.34 Sec. 24. Minnesota Statutes 2012, section 290.0681, subdivision 4, is amended to read:
126.1 Subd. 4.
Credit certificates; grants. (a)(1) The developer of a project for which
126.2the office has issued an allocation certificate must notify the office when the project is
126.3placed in service. Upon verifying that the project has been placed in service, and was
126.4allowed a federal credit, the office must issue a credit certificate to the taxpayer designated
126.5in the application or must issue a grant to the recipient designated in the application.
126.6Credit certificates will be issued on a first come, first served basis according to the date
126.7and time of verification required under this clause. The credit certificate must state the
126.8amount of the credit.
126.9 (2) The credit amount equals the federal credit allowed for the project.
126.10 (3) The grant amount equals 90 percent of the federal credit allowed for the project.
126.11 (b) The recipient of a credit certificate may assign the certificate to another taxpayer,
126.12which is then allowed the credit under this section or section
297I.20, subdivision 3.
An
126.13assignment is not valid unless the assignee notifies the commissioner within 30 days of the
126.14date that the assignment is made. The commissioner shall prescribe the forms necessary
126.15for
notifying the commissioner of the assignment of a credit certificate and for claiming
126.16a credit by assignment.
126.17 (c) Credits passed through to partners, members, shareholders, or owners pursuant to
126.18subdivision 5 are not an assignment of a credit certificate under this subdivision.
126.19 (d) A grant agreement between the office and the recipient of a grant may allow the
126.20grant to be issued to another individual or entity.
126.21EFFECTIVE DATE.Paragraph (a) is effective beginning fiscal year 2016.
126.22Paragraph (b) is effective the day following final enactment.
126.23 Sec. 25. Minnesota Statutes 2012, section 290.0681, subdivision 5, is amended to read:
126.24 Subd. 5.
Partnerships; multiple owners. Credits granted to a partnership, a limited
126.25liability company taxed as a partnership, S corporation, or multiple owners of property
126.26are passed through to the partners, members, shareholders, or owners, respectively, pro
126.27rata to each partner, member, shareholder, or owner based on their share of the entity's
126.28assets or as specially allocated in their organizational documents
or any other executed
126.29agreement, as of the last day of the taxable year.
126.30EFFECTIVE DATE.This section is effective the day following final enactment.
126.31 Sec. 26. Minnesota Statutes 2012, section 290.0681, subdivision 7, is amended to read:
127.1 Subd. 7.
Appropriations. (a) An amount sufficient to pay the refunds authorized
127.2under this section is appropriated to the commissioner from the general fund
, not to
127.3exceed $15,000,000 per fiscal year.
127.4(b)
Subject to the limitation in paragraph (a), an amount sufficient to pay the grants
127.5authorized under this section is appropriated to the society from the general fund.
127.6(c) Amounts in the account are appropriated to the society for costs associated with
127.7personnel and administrative expenses related to administering the credit for historic
127.8structure rehabilitation in this section, for refunding application fees under subdivision
127.93, and for costs associated with preparing the determination of economic impact report
127.10required in subdivision 9.
127.11EFFECTIVE DATE.This section is effective beginning fiscal year 2016.
127.12 Sec. 27. Minnesota Statutes 2012, section 290.0681, subdivision 10, is amended to read:
127.13 Subd. 10.
Sunset. This section expires after fiscal year
2015 2021, except that
127.14the office's authority to issue credit certificates under subdivision 4 based on allocation
127.15certificates that were issued before fiscal year
2016 2022 remains in effect through
2018
127.16 2024, and the reporting requirements in subdivision 9 remain in effect through the year
127.17following the year in which all allocation certificates have either been canceled or resulted
127.18in issuance of credit certificates, or
2019 2025, whichever is earlier.
127.19EFFECTIVE DATE.This section is effective the day following final enactment.
127.20 Sec. 28.
[290.0682] JOBS CREDIT; GREATER MINNESOTA BUSINESS
127.21EXPANSIONS.
127.22 Subdivision 1. Credit allowed. If authorized by its business subsidy agreement, a
127.23qualified business is allowed a credit against the taxes imposed under chapter 290. The
127.24credit equals seven percent of the:
127.25(1) lesser of:
127.26(i) the greater Minnesota payroll for the taxable year, less the greater Minnesota
127.27payroll for the base year; or
127.28(ii) the total Minnesota payroll for the taxable year, less the total Minnesota payroll
127.29for the base year; minus
127.30(2)(i) $35,000 multiplied by (ii) the number of full-time equivalent employees that
127.31the qualified business employs in greater Minnesota for the taxable year, minus the
127.32number of full-time equivalent employees the business employed in greater Minnesota in
127.33the base year, but not less than zero.
128.1 Subd. 2. Definitions. (a) For purposes of this section, the following terms have
128.2the meanings given.
128.3(b) "Base year" means the taxable year beginning during the calendar year prior to
128.4the calendar year in which the qualified business was certified under section 116J.3738.
128.5(c) "Full-time equivalent employees" means the equivalent of annualized expected
128.6hours of work equal to 2,080 hours.
128.7(d) "Greater Minnesota" has the meaning given in section 116J.3738.
128.8(e) "Greater Minnesota payroll" is that portion of the payroll factor under section
128.9290.191 that represents:
128.10(1) wages or salaries paid to an individual for services performed in greater
128.11Minnesota; plus
128.12(2) wages or salaries paid to individuals working from offices within greater
128.13Minnesota if their employment requires them to work outside of greater Minnesota and the
128.14work is incidental to the work performed by the individual within greater Minnesota; less
128.15(3) the amount of compensation attributable to any employee whose wages or salary
128.16are included in clause (1) or (2) that exceeds $125,000.
128.17(f) "Minnesota payroll" means the wages or salaries attributed to Minnesota under
128.18section 290.191, subdivision 12, for the qualified business or the unitary business of which
128.19the qualified business is a part, whichever is greater.
128.20(g) "Qualified business" means a qualified business certified under section
128.21116J.3738, subdivision 3.
128.22 Subd. 3. Inflation adjustment. For taxable years beginning after December 31,
128.232014, the dollar amounts in subdivision 1, clause (2), and subdivision 2, paragraph (e), are
128.24annually adjusted for inflation. The commissioner of revenue shall adjust the amounts by
128.25the percentage determined under section 290.06, subdivision 2d, for the taxable year.
128.26 Subd. 4. Refundable. If the amount of the credit exceeds the liability for tax under
128.27this chapter, the commissioner of revenue shall refund the excess to the qualified business.
128.28 Subd. 5. Appropriation. An amount sufficient to pay the refunds authorized by
128.29this section is appropriated to the commissioner of revenue from the general fund, not to
128.30exceed $5,000,000 in a taxable year.
128.31EFFECTIVE DATE.This section is effective for taxable years beginning after
128.32December 31, 2013.
128.33 Sec. 29.
[290.0683] CLOTHING SALES TAX CREDIT.
128.34 Subdivision 1. Definitions. (a) For purposes of this section, the following terms
128.35have the meanings given.
129.1(b) "Income" has the meaning given in section 290.067, subdivision 2a.
129.2(c) "Dependent" has the meaning given in section 152 of the Internal Revenue Code.
129.3 Subd. 2. Credit allowed. A taxpayer is allowed a refundable credit against the tax
129.4imposed under this chapter. The credit is equal to $60 for a married couple filing a joint
129.5return, and $30 for all other filers, plus $30 for the first dependent claimed on the return,
129.6$15 for each of the second and third dependents claimed on the return, $10 for the fourth
129.7dependent claimed on the return, and $5 for each subsequent dependent.
129.8 Subd. 3. Limitations. The credit allowed in this section is reduced by $10 for every
129.9$1,000 of income in excess of 200 percent of the federal poverty guidelines.
129.10 Subd. 4. Appropriation. An amount sufficient to pay the refunds required by this
129.11section is appropriated to the commissioner from the general fund.
129.12EFFECTIVE DATE.This section is effective for taxable years beginning after
129.13December 31, 2012.
129.14 Sec. 30. Minnesota Statutes 2012, section 290.091, subdivision 2, is amended to read:
129.15 Subd. 2.
Definitions. For purposes of the tax imposed by this section, the following
129.16terms have the meanings given:
129.17 (a) "Alternative minimum taxable income" means the sum of the following for
129.18the taxable year:
129.19 (1) the taxpayer's federal alternative minimum taxable income as defined in section
129.2055(b)(2) of the Internal Revenue Code;
129.21 (2) the taxpayer's itemized deductions allowed in computing federal alternative
129.22minimum taxable income, but excluding:
129.23 (i) the charitable contribution deduction under section 170 of the Internal Revenue
129.24Code;
129.25 (ii) the medical expense deduction;
129.26 (iii) the casualty, theft, and disaster loss deduction; and
129.27 (iv) the impairment-related work expenses of a disabled person;
129.28 (3) for depletion allowances computed under section 613A(c) of the Internal
129.29Revenue Code, with respect to each property (as defined in section 614 of the Internal
129.30Revenue Code), to the extent not included in federal alternative minimum taxable income,
129.31the excess of the deduction for depletion allowable under section 611 of the Internal
129.32Revenue Code for the taxable year over the adjusted basis of the property at the end of the
129.33taxable year (determined without regard to the depletion deduction for the taxable year);
130.1 (4) to the extent not included in federal alternative minimum taxable income, the
130.2amount of the tax preference for intangible drilling cost under section 57(a)(2) of the
130.3Internal Revenue Code determined without regard to subparagraph (E);
130.4 (5) to the extent not included in federal alternative minimum taxable income, the
130.5amount of interest income as provided by section
290.01, subdivision 19a, clause (1); and
130.6 (6) the amount of addition required by section
290.01, subdivision 19a, clauses (7)
130.7to (9), (12), (13), and (16) to (18);
130.8 less the sum of the amounts determined under the following:
130.9 (1) interest income as defined in section
290.01, subdivision 19b, clause (1);
130.10 (2) an overpayment of state income tax as provided by section
290.01, subdivision
130.1119b
, clause (2), to the extent included in federal alternative minimum taxable income;
130.12 (3) the amount of investment interest paid or accrued within the taxable year on
130.13indebtedness to the extent that the amount does not exceed net investment income, as
130.14defined in section 163(d)(4) of the Internal Revenue Code. Interest does not include
130.15amounts deducted in computing federal adjusted gross income;
130.16 (4) amounts subtracted from federal taxable income as provided by section
290.01,
130.17subdivision 19b
, clauses (6), (8) to (14),
and (16)
, and (18); and
130.18(5) the amount of the net operating loss allowed under section
290.095, subdivision
130.1911
, paragraph (c).
130.20 In the case of an estate or trust, alternative minimum taxable income must be
130.21computed as provided in section 59(c) of the Internal Revenue Code.
130.22 (b) "Investment interest" means investment interest as defined in section 163(d)(3)
130.23of the Internal Revenue Code.
130.24 (c) "Net minimum tax" means the minimum tax imposed by this section.
130.25 (d) "Regular tax" means the tax that would be imposed under this chapter (without
130.26regard to this section and section 290.032), reduced by the sum of the nonrefundable
130.27credits allowed under this chapter.
130.28 (e) "Tentative minimum tax" equals 6.4 percent of alternative minimum taxable
130.29income after subtracting the exemption amount determined under subdivision 3.
130.30EFFECTIVE DATE.This section is effective for taxable years beginning after
130.31December 31, 2012.
130.32 Sec. 31. Minnesota Statutes 2012, section 290.0921, subdivision 1, is amended to read:
130.33 Subdivision 1.
Tax imposed. In addition to the taxes computed under this chapter
130.34without regard to this section, the franchise tax imposed on corporations includes a tax
130.35equal to the excess, if any, for the taxable year of:
131.1(1)
5.8 5.3 percent of Minnesota alternative minimum taxable income; over
131.2(2) the tax imposed under section
290.06, subdivision 1, without regard to this section.
131.3EFFECTIVE DATE.This section is effective for taxable years beginning after
131.4December 31, 2012.
131.5 Sec. 32. Minnesota Statutes 2012, section 290.0921, subdivision 3, is amended to read:
131.6 Subd. 3.
Alternative minimum taxable income. "Alternative minimum taxable
131.7income" is Minnesota net income as defined in section
290.01, subdivision 19, and
131.8includes the adjustments and tax preference items in sections 56, 57, 58, and 59(d), (e),
131.9(f), and (h) of the Internal Revenue Code. If a corporation files a separate company
131.10Minnesota tax return, the minimum tax must be computed on a separate company basis.
131.11If a corporation is part of a tax group filing a unitary return, the minimum tax must be
131.12computed on a unitary basis. The following adjustments must be made.
131.13(1) For purposes of the depreciation adjustments under section 56(a)(1) and
131.1456(g)(4)(A) of the Internal Revenue Code, the basis for depreciable property placed in
131.15service in a taxable year beginning before January 1, 1990, is the adjusted basis for federal
131.16income tax purposes, including any modification made in a taxable year under section
131.17290.01, subdivision 19e
, or Minnesota Statutes 1986, section
290.09, subdivision 7,
131.18paragraph (c).
131.19For taxable years beginning after December 31, 2000, the amount of any remaining
131.20modification made under section
290.01, subdivision 19e, or Minnesota Statutes 1986,
131.21section
290.09, subdivision 7, paragraph (c), not previously deducted is a depreciation
131.22allowance in the first taxable year after December 31, 2000.
131.23(2) The portion of the depreciation deduction allowed for federal income tax
131.24purposes under section 168(k) of the Internal Revenue Code that is required as an addition
131.25under section
290.01, subdivision 19c, clause
(15) (14), is disallowed in determining
131.26alternative minimum taxable income.
131.27(3) The subtraction for depreciation allowed under section
290.01, subdivision
131.2819d
, clause
(17) (16), is allowed as a depreciation deduction in determining alternative
131.29minimum taxable income.
131.30(4) The alternative tax net operating loss deduction under sections 56(a)(4) and 56(d)
131.31of the Internal Revenue Code does not apply.
131.32(5) The special rule for certain dividends under section 56(g)(4)(C)(ii) of the Internal
131.33Revenue Code does not apply.
131.34(6) The special rule for dividends from section 936 companies under section
131.3556(g)(4)(C)(iii) does not apply.
132.1(7) The tax preference for depletion under section 57(a)(1) of the Internal Revenue
132.2Code does not apply.
132.3(8) The tax preference for intangible drilling costs under section 57(a)(2) of the
132.4Internal Revenue Code must be calculated without regard to subparagraph (E) and the
132.5subtraction under section
290.01, subdivision 19d, clause (4).
132.6(9) The tax preference for tax exempt interest under section 57(a)(5) of the Internal
132.7Revenue Code does not apply.
132.8(10) The tax preference for charitable contributions of appreciated property under
132.9section 57(a)(6) of the Internal Revenue Code does not apply.
132.10(11) For purposes of calculating the tax preference for accelerated depreciation or
132.11amortization on certain property placed in service before January 1, 1987, under section
132.1257(a)(7) of the Internal Revenue Code, the deduction allowable for the taxable year is the
132.13deduction allowed under section
290.01, subdivision 19e.
132.14For taxable years beginning after December 31, 2000, the amount of any remaining
132.15modification made under section
290.01, subdivision 19e, not previously deducted is a
132.16depreciation or amortization allowance in the first taxable year after December 31, 2004.
132.17(12) For purposes of calculating the adjustment for adjusted current earnings in
132.18section 56(g) of the Internal Revenue Code, the term "alternative minimum taxable
132.19income" as it is used in section 56(g) of the Internal Revenue Code, means alternative
132.20minimum taxable income as defined in this subdivision, determined without regard to the
132.21adjustment for adjusted current earnings in section 56(g) of the Internal Revenue Code.
132.22(13) For purposes of determining the amount of adjusted current earnings under
132.23section 56(g)(3) of the Internal Revenue Code, no adjustment shall be made under section
132.2456(g)(4) of the Internal Revenue Code with respect to (i) the amount of foreign dividend
132.25gross-up subtracted as provided in section
290.01, subdivision 19d, clause (1), (ii) the
132.26amount of refunds of income, excise, or franchise taxes subtracted as provided in section
132.27290.01, subdivision 19d
, clause (9)
, or (iii) the amount of royalties, fees or other like
132.28income subtracted as provided in section
290.01, subdivision 19d, clause (10).
132.29(14) Alternative minimum taxable income excludes the income from operating in a
132.30job opportunity building zone as provided under section
469.317.
132.31(15) Alternative minimum taxable income excludes the income from operating in a
132.32biotechnology and health sciences industry zone as provided under section
469.337.
132.33Items of tax preference must not be reduced below zero as a result of the
132.34modifications in this subdivision.
132.35EFFECTIVE DATE.This section is effective for taxable years beginning after
132.36December 31, 2012.
133.1 Sec. 33. Minnesota Statutes 2012, section 290.0922, subdivision 1, is amended to read:
133.2 Subdivision 1.
Imposition. (a) In addition to the tax imposed by this chapter without
133.3regard to this section, the franchise tax imposed on a corporation required to file under
133.4section
289A.08, subdivision 3, other than a corporation treated as an "S" corporation
133.5under section
290.9725 for the taxable year includes a tax equal to the following amounts:
133.6
133.7
|
If the sum of the corporation's Minnesota
property, payrolls, and sales or receipts is:
|
|
the tax equals:
|
133.8
133.9
|
|
|
less than
|
$
|
500,000
930,000
|
|
$
|
0
|
|
133.10
133.11
|
|
$
|
500,000
930,000
|
to
|
$
|
999,999
1,869,999
|
|
$
|
100
190
|
|
133.12
133.13
|
|
$
|
1,000,000
1,870,000
|
to
|
$
|
4,999,999
9,339,999
|
|
$
|
300
560
|
|
133.14
133.15
|
|
$
|
5,000,000
9,340,000
|
to
|
$
|
9,999,999
18,679,999
|
|
$
|
1,000
1,870
|
|
133.16
133.17
|
|
$
|
10,000,000
18,680,000
|
to
|
$
|
19,999,999
37,359,999
|
|
$
|
2,000
3,740
|
|
133.18
133.19
|
|
$
|
20,000,000
37,360,000
|
or
|
more
|
|
|
$
|
5,000
9,340
|
|
133.20(b) A tax is imposed for each taxable year on a corporation required to file a return
133.21under section
289A.12, subdivision 3, that is treated as an "S" corporation under section
133.22290.9725
and on a partnership required to file a return under section
289A.12, subdivision
133.233
, other than a partnership that derives over 80 percent of its income from farming. The
133.24tax imposed under this paragraph is due on or before the due date of the return for the
133.25taxpayer due under section
289A.18, subdivision 1. The commissioner shall prescribe
133.26the return to be used for payment of this tax. The tax under this paragraph is equal to
133.27the following amounts:
133.28
133.29
133.30
133.31
|
If the sum of the S corporation's
or partnership's Minnesota
property, payrolls, and sales or
receipts is:
|
|
|
the tax equals:
|
133.32
133.33
|
|
|
less than
|
$
|
500,000
930,000
|
|
$
|
0
|
|
133.34
133.35
|
|
$
|
500,000
930,000
|
to
|
$
|
999,999
1,869,999
|
|
$
|
100
190
|
|
133.36
133.37
|
|
$
|
1,000,000
1,870,000
|
to
|
$
|
4,999,999
9,339,999
|
|
$
|
300
560
|
|
133.38
133.39
|
|
$
|
5,000,000
9,340,000
|
to
|
$
|
9,999,999
18,679,999
|
|
$
|
1,000
1,870
|
|
133.40
133.41
|
|
$
|
10,000,000
18,680,000
|
to
|
$
|
19,999,999
37,359,999
|
|
$
|
2,000
3,740
|
|
133.42
133.43
|
|
$
|
20,000,000
37,360,000
|
or
|
more
|
|
|
$
|
5,000
9,340
|
|
134.1(c) The commissioner shall adjust the dollar amounts of both the tax and the property,
134.2payrolls, and sales or receipts thresholds in paragraphs (a) and (b) by the percentage
134.3determined pursuant to the provisions of section 1(f) of the Internal Revenue Code, except
134.4that in section 1(f)(3)(B) the year 2012 must be substituted for the year 1992. For 2014,
134.5the commissioner shall determine the percentage change from the 12 months ending on
134.6August 31, 2012, to the 12 months ending on August 31, 2013, and in each subsequent
134.7year, from the 12 months ending on August 31, 2012, to the 12 months ending on August
134.831 of the year preceding the taxable year. The determination of the commissioner pursuant
134.9to this subdivision is not a rule subject to the Administrative Procedure Act contained in
134.10chapter 14. The tax amounts as adjusted must be rounded to the nearest $10 amount and
134.11the threshold amounts must be adjusted to the nearest $10,000 amount. For tax amounts
134.12that end in $5, the amount is rounded up to the nearest $10 amount and for threshold
134.13amounts that end in $5,000, the amount is rounded up to the nearest $10,000.
134.14EFFECTIVE DATE.This section is effective for taxable years beginning after
134.15December 31, 2012.
134.16 Sec. 34. Minnesota Statutes 2012, section 290.095, subdivision 2, is amended to read:
134.17 Subd. 2.
Defined and limited. (a) The term "net operating loss" as used in this
134.18section shall mean a net operating loss as defined in section 172(c) of the Internal Revenue
134.19Code, with the modifications specified in subdivision 4. The deductions provided in
134.20section
290.21 and the modification provided in section
290.01, subdivision 19d, clause
134.21(10), cannot be used in the determination of a net operating loss.
134.22(b) The term "net operating loss deduction" as used in this section means the
134.23aggregate of the net operating loss carryovers to the taxable year, computed in accordance
134.24with subdivision 3. The provisions of section 172(b) of the Internal Revenue Code relating
134.25to the carryback of net operating losses, do not apply.
134.26EFFECTIVE DATE.This section is effective for taxable years beginning after
134.27December 31, 2012.
134.28 Sec. 35. Minnesota Statutes 2012, section 290.17, subdivision 4, is amended to read:
134.29 Subd. 4.
Unitary business principle. (a) If a trade or business conducted wholly
134.30within this state or partly within and partly without this state is part of a unitary business,
134.31the entire income of the unitary business is subject to apportionment pursuant to section
134.32290.191
. Notwithstanding subdivision 2, paragraph (c), none of the income of a unitary
134.33business is considered to be derived from any particular source and none may be allocated
135.1to a particular place except as provided by the applicable apportionment formula. The
135.2provisions of this subdivision do not apply to business income subject to subdivision 5,
135.3income of an insurance company, or income of an investment company determined under
135.4section
290.36.
135.5(b) The term "unitary business" means business activities or operations which
135.6result in a flow of value between them. The term may be applied within a single legal
135.7entity or between multiple entities and without regard to whether each entity is a sole
135.8proprietorship, a corporation, a partnership or a trust.
135.9(c) Unity is presumed whenever there is unity of ownership, operation, and use,
135.10evidenced by centralized management or executive force, centralized purchasing,
135.11advertising, accounting, or other controlled interaction, but the absence of these
135.12centralized activities will not necessarily evidence a nonunitary business. Unity is also
135.13presumed when business activities or operations are of mutual benefit, dependent upon or
135.14contributory to one another, either individually or as a group.
135.15(d) Where a business operation conducted in Minnesota is owned by a business
135.16entity that carries on business activity outside the state different in kind from that
135.17conducted within this state, and the other business is conducted entirely outside the state, it
135.18is presumed that the two business operations are unitary in nature, interrelated, connected,
135.19and interdependent unless it can be shown to the contrary.
135.20(e) Unity of ownership is not deemed to exist when a corporation is involved unless
135.21that corporation is a member of a group of two or more business entities and more than 50
135.22percent of the voting stock of each member of the group is directly or indirectly owned
135.23by a common owner or by common owners, either corporate or noncorporate, or by one
135.24or more of the member corporations of the group. For this purpose, the term "voting
135.25stock" shall include membership interests of mutual insurance holding companies formed
135.26under section
66A.40.
135.27(f) The net income and apportionment factors under section
290.191 or
290.20 of
135.28foreign corporations and other foreign entities which are part of a unitary business shall not
135.29be included in the net income or the apportionment factors of the unitary business
; except
135.30that the income and apportionment factors of a foreign corporation, foreign partnership, or
135.31other foreign entity, that are included in the federal taxable income, as defined in section
135.3263 of the Internal Revenue Code as amended through the date named in section 290.01,
135.33subdivision 19, of a domestic corporation, domestic entity, or individual must be included
135.34in determining net income and the factors to be used in the apportionment of net income
135.35pursuant to section 290.191 or 290.20. A foreign corporation or other foreign entity which
135.36is
not part of a unitary business and which is required to file a return under this chapter shall
136.1file on a separate return basis.
The net income and apportionment factors under section
136.2290.191 or
290.20 of foreign operating corporations shall not be included in the net income
136.3or the apportionment factors of the unitary business except as provided in paragraph (g).
136.4(g) The adjusted net income of a foreign operating corporation shall be deemed to
136.5be paid as a dividend on the last day of its taxable year to each shareholder thereof, in
136.6proportion to each shareholder's ownership, with which such corporation is engaged in
136.7a unitary business. Such deemed dividend shall be treated as a dividend under section
136.8290.21, subdivision 4.
136.9Dividends actually paid by a foreign operating corporation to a corporate shareholder
136.10which is a member of the same unitary business as the foreign operating corporation shall
136.11be eliminated from the net income of the unitary business in preparing a combined report
136.12for the unitary business. The adjusted net income of a foreign operating corporation
136.13shall be its net income adjusted as follows:
136.14(1) any taxes paid or accrued to a foreign country, the commonwealth of Puerto
136.15Rico, or a United States possession or political subdivision of any of the foregoing shall
136.16be a deduction; and
136.17(2) the subtraction from federal taxable income for payments received from foreign
136.18corporations or foreign operating corporations under section
290.01, subdivision 19d,
136.19clause (10), shall not be allowed.
136.20If a foreign operating corporation incurs a net loss, neither income nor deduction from
136.21that corporation shall be included in determining the net income of the unitary business.
136.22(h) (g) For purposes of determining the net income of a unitary business and the
136.23factors to be used in the apportionment of net income pursuant to section
290.191 or
136.24290.20
, there must be included only the income and apportionment factors of domestic
136.25corporations or other domestic entities
other than foreign operating corporations that are
136.26determined to be part of the unitary business pursuant to this subdivision, notwithstanding
136.27that foreign corporations or other foreign entities might be included in the unitary
136.28business
; except that the income and apportionment factors of a foreign corporation,
136.29foreign partnership, or other foreign entity, that is included in the federal taxable income,
136.30as defined in section 63 of the Internal Revenue Code as amended through the date
136.31named in section 290.01, subdivision 19, of a domestic corporation, domestic entity, or
136.32individual must be included in determining net income and the factors to be used in the
136.33apportionment of net income pursuant to section 290.191 or 290.20.
136.34(i) Deductions for expenses, interest, or taxes otherwise allowable under this chapter
136.35that are connected with or allocable against dividends, deemed dividends described
137.1in paragraph (g), or royalties, fees, or other like income described in section
290.01,
137.2subdivision 19d
, clause (10), shall not be disallowed.
137.3(j) (h) Each corporation or other entity, except a sole proprietorship, that is part of
137.4a unitary business must file combined reports as the commissioner determines. On the
137.5reports, all intercompany transactions between entities included pursuant to paragraph
(h)
137.6 (g) must be eliminated and the entire net income of the unitary business determined in
137.7accordance with this subdivision is apportioned among the entities by using each entity's
137.8Minnesota factors for apportionment purposes in the numerators of the apportionment
137.9formula and the total factors for apportionment purposes of all entities included pursuant to
137.10paragraph
(h) (g) in the denominators of the apportionment formula.
All sales of the unitary
137.11business made within this state pursuant to section 290.191 or 290.20 must be included
137.12on the combined report of a corporation or other entity that is a member of the unitary
137.13business and is subject to the jurisdiction of this state to impose tax under this chapter.
137.14(k) (i) If a corporation has been divested from a unitary business and is included in a
137.15combined report for a fractional part of the common accounting period of the combined
137.16report:
137.17(1) its income includable in the combined report is its income incurred for that part
137.18of the year determined by proration or separate accounting; and
137.19(2) its sales, property, and payroll included in the apportionment formula must
137.20be prorated or accounted for separately.
137.21EFFECTIVE DATE.This section is effective for taxable years beginning after
137.22December 31, 2012.
137.23 Sec. 36. Minnesota Statutes 2012, section 290.191, subdivision 5, is amended to read:
137.24 Subd. 5.
Determination of sales factor. For purposes of this section, the following
137.25rules apply in determining the sales factor.
137.26 (a) The sales factor includes all sales, gross earnings, or receipts received in the
137.27ordinary course of the business, except that the following types of income are not included
137.28in the sales factor:
137.29 (1) interest;
137.30 (2) dividends;
137.31 (3) sales of capital assets as defined in section 1221 of the Internal Revenue Code;
137.32 (4) sales of property used in the trade or business, except sales of leased property of
137.33a type which is regularly sold as well as leased;
and
137.34 (5) sales of debt instruments as defined in section 1275(a)(1) of the Internal Revenue
137.35Code or sales of stock
; and.
138.1 (6) royalties, fees, or other like income of a type which qualify for a subtraction from
138.2federal taxable income under section
290.01, subdivision 19d, clause (10).
138.3 (b) Sales of tangible personal property are made within this state if the property is
138.4received by a purchaser at a point within this state, and the taxpayer is taxable in this state,
138.5regardless of the f.o.b. point, other conditions of the sale, or the ultimate destination
138.6of the property.
138.7 (c) Tangible personal property delivered to a common or contract carrier or foreign
138.8vessel for delivery to a purchaser in another state or nation is a sale in that state or nation,
138.9regardless of f.o.b. point or other conditions of the sale.
138.10 (d) Notwithstanding paragraphs (b) and (c), when intoxicating liquor, wine,
138.11fermented malt beverages, cigarettes, or tobacco products are sold to a purchaser who is
138.12licensed by a state or political subdivision to resell this property only within the state of
138.13ultimate destination, the sale is made in that state.
138.14 (e) Sales made by or through a corporation that is qualified as a domestic
138.15international sales corporation under section 992 of the Internal Revenue Code are not
138.16considered to have been made within this state.
138.17 (f) Sales, rents, royalties, and other income in connection with real property is
138.18attributed to the state in which the property is located.
138.19 (g) Receipts from the lease or rental of tangible personal property, including finance
138.20leases and true leases, must be attributed to this state if the property is located in this
138.21state and to other states if the property is not located in this state. Receipts from the
138.22lease or rental of moving property including, but not limited to, motor vehicles, rolling
138.23stock, aircraft, vessels, or mobile equipment are included in the numerator of the receipts
138.24factor to the extent that the property is used in this state. The extent of the use of moving
138.25property is determined as follows:
138.26 (1) A motor vehicle is used wholly in the state in which it is registered.
138.27 (2) The extent that rolling stock is used in this state is determined by multiplying
138.28the receipts from the lease or rental of the rolling stock by a fraction, the numerator of
138.29which is the miles traveled within this state by the leased or rented rolling stock and the
138.30denominator of which is the total miles traveled by the leased or rented rolling stock.
138.31 (3) The extent that an aircraft is used in this state is determined by multiplying the
138.32receipts from the lease or rental of the aircraft by a fraction, the numerator of which is
138.33the number of landings of the aircraft in this state and the denominator of which is the
138.34total number of landings of the aircraft.
138.35 (4) The extent that a vessel, mobile equipment, or other mobile property is used in
138.36the state is determined by multiplying the receipts from the lease or rental of the property
139.1by a fraction, the numerator of which is the number of days during the taxable year the
139.2property was in this state and the denominator of which is the total days in the taxable year.
139.3 (h) Royalties and other income not described in paragraph (a), clause (6), received
139.4for the use of or for the privilege of using intangible property, including patents,
139.5know-how, formulas, designs, processes, patterns, copyrights, trade names, service names,
139.6franchises, licenses, contracts, customer lists, or similar items, must be attributed to the
139.7state in which the property is used by the purchaser. If the property is used in more
139.8than one state, the royalties or other income must be apportioned to this state pro rata
139.9according to the portion of use in this state. If the portion of use in this state cannot be
139.10determined, the royalties or other income must be excluded from both the numerator
139.11and the denominator. Intangible property is used in this state if the purchaser uses the
139.12intangible property or the rights therein in the regular course of its business operations in
139.13this state, regardless of the location of the purchaser's customers.
139.14 (i) Sales of intangible property are made within the state in which the property is
139.15used by the purchaser. If the property is used in more than one state, the sales must be
139.16apportioned to this state pro rata according to the portion of use in this state. If the
139.17portion of use in this state cannot be determined, the sale must be excluded from both the
139.18numerator and the denominator of the sales factor. Intangible property is used in this
139.19state if the purchaser used the intangible property in the regular course of its business
139.20operations in this state.
139.21 (j) Receipts from the performance of services must be attributed to the state where
139.22the services are received. For the purposes of this section, receipts from the performance
139.23of services provided to a corporation, partnership, or trust may only be attributed to a state
139.24where it has a fixed place of doing business. If the state where the services are received is
139.25not readily determinable or is a state where the corporation, partnership, or trust receiving
139.26the service does not have a fixed place of doing business, the services shall be deemed
139.27to be received at the location of the office of the customer from which the services were
139.28ordered in the regular course of the customer's trade or business. If the ordering office
139.29cannot be determined, the services shall be deemed to be received at the office of the
139.30customer to which the services are billed.
139.31 (k) For the purposes of this subdivision and subdivision 6, paragraph (l), receipts
139.32from management, distribution, or administrative services performed by a corporation
139.33or trust for a fund of a corporation or trust regulated under United States Code, title 15,
139.34sections 80a-1 through 80a-64, must be attributed to the state where the shareholder of
139.35the fund resides. Under this paragraph, receipts for services attributed to shareholders are
139.36determined on the basis of the ratio of: (1) the average of the outstanding shares in the
140.1fund owned by shareholders residing within Minnesota at the beginning and end of each
140.2year; and (2) the average of the total number of outstanding shares in the fund at the
140.3beginning and end of each year. Residence of the shareholder, in the case of an individual,
140.4is determined by the mailing address furnished by the shareholder to the fund. Residence
140.5of the shareholder, when the shares are held by an insurance company as a depositor for
140.6the insurance company policyholders, is the mailing address of the policyholders. In
140.7the case of an insurance company holding the shares as a depositor for the insurance
140.8company policyholders, if the mailing address of the policyholders cannot be determined
140.9by the taxpayer, the receipts must be excluded from both the numerator and denominator.
140.10Residence of other shareholders is the mailing address of the shareholder.
140.11EFFECTIVE DATE.This section is effective for taxable years beginning after
140.12December 31, 2012.
140.13 Sec. 37. Minnesota Statutes 2012, section 290.21, subdivision 4, is amended to read:
140.14 Subd. 4.
Dividends received from another corporation. (a)(1) Eighty percent
140.15of dividends received by a corporation during the taxable year from another corporation,
140.16in which the recipient owns 20 percent or more of the stock, by vote and value, not
140.17including stock described in section 1504(a)(4) of the Internal Revenue Code when the
140.18corporate stock with respect to which dividends are paid does not constitute the stock in
140.19trade of the taxpayer or would not be included in the inventory of the taxpayer, or does not
140.20constitute property held by the taxpayer primarily for sale to customers in the ordinary
140.21course of the taxpayer's trade or business, or when the trade or business of the taxpayer
140.22does not consist principally of the holding of the stocks and the collection of the income
140.23and gains therefrom; and
140.24 (2)(i) the remaining 20 percent of dividends if the dividends received are the stock in
140.25an affiliated company transferred in an overall plan of reorganization and the dividend
140.26is eliminated in consolidation under Treasury Department Regulation 1.1502-14(a), as
140.27amended through December 31, 1989;
140.28 (ii) the remaining 20 percent of dividends if the dividends are received from a
140.29corporation which is subject to tax under section
290.36 and which is a member of an
140.30affiliated group of corporations as defined by the Internal Revenue Code and the dividend
140.31is eliminated in consolidation under Treasury Department Regulation 1.1502-14(a), as
140.32amended through December 31, 1989, or is deducted under an election under section
140.33243(b) of the Internal Revenue Code; or
140.34 (iii) the remaining 20 percent of the dividends if the dividends are received from a
140.35property and casualty insurer as defined under section
60A.60, subdivision 8, which is a
141.1member of an affiliated group of corporations as defined by the Internal Revenue Code
141.2and either: (A) the dividend is eliminated in consolidation under Treasury Regulation
141.31.1502-14(a), as amended through December 31, 1989; or (B) the dividend is deducted
141.4under an election under section 243(b) of the Internal Revenue Code.
141.5 (b) Seventy percent of dividends received by a corporation during the taxable year
141.6from another corporation in which the recipient owns less than 20 percent of the stock,
141.7by vote or value, not including stock described in section 1504(a)(4) of the Internal
141.8Revenue Code when the corporate stock with respect to which dividends are paid does not
141.9constitute the stock in trade of the taxpayer, or does not constitute property held by the
141.10taxpayer primarily for sale to customers in the ordinary course of the taxpayer's trade or
141.11business, or when the trade or business of the taxpayer does not consist principally of the
141.12holding of the stocks and the collection of income and gain therefrom.
141.13 (c) The dividend deduction provided in this subdivision shall be allowed only with
141.14respect to dividends that are included in a corporation's Minnesota taxable net income
141.15for the taxable year.
141.16 The dividend deduction provided in this subdivision does not apply to a dividend
141.17from a corporation which, for the taxable year of the corporation in which the distribution
141.18is made or for the next preceding taxable year of the corporation, is a corporation exempt
141.19from tax under section 501 of the Internal Revenue Code.
141.20The dividend deduction provided in this subdivision does not apply to a dividend
141.21received from a real estate investment trust as defined in section 856 of the Internal
141.22Revenue Code.
141.23 The dividend deduction provided in this subdivision applies to the amount of
141.24regulated investment company dividends only to the extent determined under section
141.25854(b) of the Internal Revenue Code.
141.26 The dividend deduction provided in this subdivision shall not be allowed with
141.27respect to any dividend for which a deduction is not allowed under the provisions of
141.28section 246(c) of the Internal Revenue Code.
141.29 (d) If dividends received by a corporation that does not have nexus with Minnesota
141.30under the provisions of Public Law 86-272 are included as income on the return of
141.31an affiliated corporation permitted or required to file a combined report under section
141.32290.17, subdivision 4
, or
290.34, subdivision 2, then for purposes of this subdivision the
141.33determination as to whether the trade or business of the corporation consists principally
141.34of the holding of stocks and the collection of income and gains therefrom shall be made
141.35with reference to the trade or business of the affiliated corporation having a nexus with
141.36Minnesota.
142.1 (e) The deduction provided by this subdivision does not apply if the dividends are
142.2paid by a FSC as defined in section 922 of the Internal Revenue Code.
142.3 (f) If one or more of the members of the unitary group whose income is included on
142.4the combined report received a dividend, the deduction under this subdivision for each
142.5member of the unitary business required to file a return under this chapter is the product
142.6of: (1) 100 percent of the dividends received by members of the group; (2) the percentage
142.7allowed pursuant to paragraph (a) or (b); and (3) the percentage of the taxpayer's business
142.8income apportionable to this state for the taxable year under section
290.191 or
290.20.
142.9EFFECTIVE DATE.This section is effective for taxable years beginning after
142.10December 31, 2012.
142.11 Sec. 38. Minnesota Statutes 2012, section 297G.04, subdivision 2, is amended to read:
142.12 Subd. 2.
Tax credit. A qualified brewer producing fermented malt beverages
142.13is entitled to a tax credit of $4.60 per barrel on 25,000 barrels sold in any fiscal year
142.14beginning July 1, regardless of the alcohol content of the product. Qualified brewers may
142.15take the credit on the 18th day of each month, but the total credit allowed may not exceed
142.16in any fiscal year the lesser of:
142.17 (1) the liability for tax; or
142.18 (2) $115,000.
142.19 For purposes of this subdivision, a "qualified brewer" means a brewer, whether or
142.20not located in this state, manufacturing less than
100,000 250,000 barrels of fermented
142.21malt beverages in the calendar year immediately preceding the calendar year for which
142.22the credit under this subdivision is claimed. In determining the number of barrels, all
142.23brands or labels of a brewer must be combined. All facilities for the manufacture of
142.24fermented malt beverages owned or controlled by the same person, corporation, or other
142.25entity must be treated as a single brewer.
142.26EFFECTIVE DATE.This section is effective for determinations based on calendar
142.27year 2012 production and thereafter.
142.28 Sec. 39. Minnesota Statutes 2012, section 298.01, subdivision 3b, is amended to read:
142.29 Subd. 3b.
Deductions. (a) For purposes of determining taxable income under
142.30subdivision 3, the deductions from gross income include only those expenses necessary
142.31to convert raw ores to marketable quality. Such expenses include costs associated with
142.32refinement but do not include expenses such as transportation, stockpiling, marketing, or
142.33marine insurance that are incurred after marketable ores are produced, unless the expenses
143.1are included in gross income. The allowable deductions from a mine or plant that mines
143.2and produces more than one mineral, metal, or energy resource must be determined
143.3separately for the purposes of computing the deduction in section
290.01, subdivision 19c,
143.4clause (9). These deductions may be combined on one occupation tax return to arrive at
143.5the deduction from gross income for all production.
143.6(b) The provisions of section
290.01, subdivisions 19c, clauses (6) and (9), and 19d,
143.7clauses (7) and
(11) (10), are not used to determine taxable income.
143.8EFFECTIVE DATE.This section is effective for taxable years beginning after
143.9December 31, 2012.
143.10 Sec. 40. Laws 2010, chapter 216, section 11, the effective date, is amended to read:
143.11EFFECTIVE DATE.This section is effective for taxable years beginning
143.12after December 31, 2009, for certified historic structures for which qualified
costs of
143.13rehabilitation are first paid under construction contracts entered into after May 1, 2010
143.14 rehabilitation expenditures are first paid by the developer or taxpayer after May 1, 2010,
143.15for rehabilitation that occurs after May 1, 2010, provided that the application under
143.16subdivision 3 is submitted before the project is placed in service.
143.17EFFECTIVE DATE.This section is effective the day following final enactment
143.18and applies retroactively for taxable years beginning after December 31, 2009, and for
143.19certified historic structures placed in service after May 1, 2010, but the office may not
143.20issue certificates allowed under the change to this section until July 1, 2013.
143.21 Sec. 41.
CLOTHING SALES TAX CREDIT; TAX YEAR 2013.
143.22For tax year 2013 only, the credit calculated under Minnesota Statutes, section
143.23290.0683, is the credit under Minnesota Statutes, section 290.0683, subdivision 2, after
143.24limitations imposed under Minnesota Statutes, section 290.0683, subdivision 3, multiplied
143.25by one-half.
143.26EFFECTIVE DATE.This section is effective for taxable years beginning after
143.27December 31, 2012.
143.28 Sec. 42.
REPEALER.
143.29Minnesota Statutes 2012, sections 290.01, subdivision 6b; and 290.0921, subdivision
143.307, are repealed.
144.1EFFECTIVE DATE.This section is effective for taxable years beginning after
144.2December 31, 2012.
144.5 Section 1. Minnesota Statutes 2012, section 291.03, subdivision 8, is amended to read:
144.6 Subd. 8.
Definitions. (a) For purposes of this section, the following terms have the
144.7meanings given in this subdivision.
144.8(b) "Family member" means a family member as defined in section 2032A(e)(2) of
144.9the Internal Revenue Code
, or a trust whose present beneficiaries are all family members
144.10as defined in section 2032A(e)(2) of the Internal Revenue Code.
144.11(c) "Qualified heir" means a family member who acquired qualified property
from
144.12 upon the death of the decedent and satisfies the requirement under subdivision 9, clause
144.13(6) (7), or subdivision 10, clause
(4) (5), for the property.
144.14(d) "Qualified property" means qualified small business property under subdivision
144.159 and qualified farm property under subdivision 10.
144.16EFFECTIVE DATE.This section is effective retroactively for estates of decedents
144.17dying after June 30, 2011.
144.18 Sec. 2. Minnesota Statutes 2012, section 291.03, subdivision 9, is amended to read:
144.19 Subd. 9.
Qualified small business property. Property satisfying all of the following
144.20requirements is qualified small business property:
144.21(1) The value of the property was included in the federal adjusted taxable estate.
144.22(2) The property consists of the assets of a trade or business or shares of stock or
144.23other ownership interests in a corporation or other entity engaged in a trade or business.
144.24The decedent or the decedent's spouse must have materially participated in the trade or
144.25business within the meaning of section 469 of the Internal Revenue Code during the
144.26taxable year that ended before the date of the decedent's death. Shares of stock in a
144.27corporation or an ownership interest in another type of entity do not qualify under this
144.28subdivision if the shares or ownership interests are traded on a public stock exchange at
144.29any time during the three-year period ending on the decedent's date of death.
For purposes
144.30of this subdivision, an ownership interest includes the interest the decedent is deemed to
144.31own under sections 2036, 2037, and 2038 of the Internal Revenue Code.
144.32(3)
During the taxable year that ended before the decedent's death, the trade or
144.33business must not have been a passive activity within the meaning of section 469(c) of the
145.1Internal Revenue Code, and the decedent or the decedent's spouse must have materially
145.2participated in the trade or business within the meaning of section 469(h) of the Internal
145.3Revenue Code, excluding section 469(h)(3) of the Internal Revenue Code and any other
145.4provision provided by United States Treasury Department regulation that substitutes
145.5material participation in prior taxable years for material participation in the taxable year
145.6that ended before the decedent's death.
145.7(4) The gross annual sales of the trade or business were $10,000,000 or less for the
145.8last taxable year that ended before the date of the death of the decedent.
145.9(4) (5) The property does not consist of cash
or, cash equivalents
, publicly traded
145.10securities, or assets not used in the operation of the trade or business. For property
145.11consisting of shares of stock or other ownership interests in an entity, the
amount value of
145.12cash
or, cash equivalents
, publicly traded securities, or assets not used in the operation of
145.13the trade or business held by the corporation or other entity must be deducted from the
145.14value of the property qualifying under this subdivision in proportion to the decedent's
145.15share of ownership of the entity on the date of death.
145.16(5) (6) The decedent continuously owned the property
, including property the
145.17decedent is deemed to own under sections 2036, 2037, and 2038 of the Internal Revenue
145.18Code, for the three-year period ending on the date of death of the decedent.
In the case of
145.19a sole proprietor, if the property replaced similar property within the three-year period,
145.20the replacement property will be treated as having been owned for the three-year period
145.21ending on the date of death of the decedent.
145.22(6) A family member continuously uses the property in the operation of the trade or
145.23business for three years following the date of death of the decedent.
145.24(7)
For three years following the date of death of the decedent, the trade or business
145.25is not a passive activity within the meaning of section 469(c) of the Internal Revenue Code,
145.26and a family member materially participates in the operation of the trade or business within
145.27the meaning of section 469(h) of the Internal Revenue Code, excluding section 469(h)(3)
145.28of the Internal Revenue Code and any other provision provided by United States Treasury
145.29Department regulation that substitutes material participation in prior taxable years for
145.30material participation in the three years following the date of death of the decedent.
145.31(8) The estate and the qualified heir elect to treat the property as qualified small
145.32business property and agree, in the form prescribed by the commissioner, to pay the
145.33recapture tax under subdivision 11, if applicable.
145.34EFFECTIVE DATE.This section is effective retroactively for estates of decedents
145.35dying after June 30, 2011.
146.1 Sec. 3. Minnesota Statutes 2012, section 291.03, subdivision 10, is amended to read:
146.2 Subd. 10.
Qualified farm property. Property satisfying all of the following
146.3requirements is qualified farm property:
146.4(1) The value of the property was included in the federal adjusted taxable estate.
146.5(2) The property consists of
a farm meeting the requirements of agricultural land as
146.6defined in section 500.24, subdivision 2, paragraph (g), and is owned by a person or entity
146.7that is either not subject to or is in compliance with section
500.24, and was classified for
146.8property tax purposes as the homestead of the decedent or the decedent's spouse or both
146.9under section
273.124, and as class 2a property under section
273.13, subdivision 23.
146.10(3)
For property taxes payable in the taxable year of the decedent's death, the
146.11decedent's interest in the property was classified as the homestead of the decedent, the
146.12decedent's spouse, or both under section 273.124 and as class 2a property under section
146.13273.13, subdivision 23.
146.14(4) The decedent continuously owned the property
, including property the decedent
146.15is deemed to own under sections 2036, 2037, and 2038 of the Internal Revenue Code, for
146.16the three-year period ending on the date of death of the decedent
either by ownership of
146.17the agricultural land or pursuant to holding an interest in an entity that is not subject to
146.18or is in compliance with section 500.24.
146.19(4) A family member continuously uses the property in the operation of the trade or
146.20business (5) The property is classified for property tax purposes as class 2a property under
146.21section 273.13, subdivision 23, for three years following the date of death of the decedent.
146.22(5) (6) The estate and the qualified heir elect to treat the property as qualified farm
146.23property and agree, in a form prescribed by the commissioner, to pay the recapture tax
146.24under subdivision 11, if applicable.
146.25EFFECTIVE DATE.This section is effective retroactively for estates of decedents
146.26dying after June 30, 2011.
146.27 Sec. 4. Minnesota Statutes 2012, section 291.03, subdivision 11, is amended to read:
146.28 Subd. 11.
Recapture tax. (a) If, within three years after the decedent's death and
146.29before the death of the qualified heir, the qualified heir disposes of any interest in the
146.30qualified property, other than by a disposition to a family member, or a family member
146.31ceases to
use the qualified property which was acquired or passed from the decedent
146.32 satisfy the requirement under subdivision 9, clause (7); or 10, clause (5), an additional
146.33estate tax is imposed on the property.
In the case of a sole proprietor, if the qualified heir
146.34replaces qualified small business property excluded under subdivision 9 with similar
147.1property, then the qualified heir will not be treated as having disposed of an interest in the
147.2qualified property.
147.3(b) The amount of the additional tax equals the amount of the exclusion claimed by
147.4the estate under subdivision 8, paragraph (d), multiplied by 16 percent.
147.5(c) The additional tax under this subdivision is due on the day which is six months
147.6after the date of the disposition or cessation in paragraph (a).
147.7EFFECTIVE DATE.This section is effective retroactively for estates of decedents
147.8dying after June 30, 2011.
147.10SALES AND USE TAXES; LOCAL SALES TAXES
147.11 Section 1. Minnesota Statutes 2012, section 16C.03, subdivision 18, is amended to read:
147.12 Subd. 18.
Contracts with foreign vendors. (a) The commissioner and other
147.13agencies to which this section applies and the legislative branch of government shall,
147.14subject to paragraph (d), cancel a contract for goods or services from a vendor or an
147.15affiliate of a vendor or suspend or debar a vendor or an affiliate of a vendor from future
147.16contracts upon notification from the commissioner of revenue that the vendor or an
147.17affiliate of the vendor has not registered to collect the sales and use tax imposed under
147.18chapter 297A on its sales in Minnesota or to a destination in Minnesota. This subdivision
147.19shall not apply to state colleges and universities, the courts, and any agency in the judicial
147.20branch of government. For purposes of this subdivision, the term "affiliate" means any
147.21person or entity that is controlled by, or is under common control of, a vendor through
147.22stock ownership or other affiliation.
147.23 (b)
Beginning January 1, 2006, Each vendor or affiliate of a vendor selling goods or
147.24services, subject to tax under chapter 297A, to an agency or the legislature must
register
147.25with the commissioner of revenue as provided in section 297A.83, and comply with all legal
147.26requirements imposed on a person maintaining a place of business in this state, including
147.27the requirement to collect and remit sales and use tax on all taxable sales to customers in
147.28the state, and provide its Minnesota sales and use tax business identification number, upon
147.29request, to show that the vendor is registered to collect Minnesota sales or use tax.
147.30 (c) The commissioner of revenue shall periodically provide to the commissioner
147.31and the legislative branch a list of vendors who have not registered to collect Minnesota
147.32sales and use tax and who are subject to being suspended or debarred as vendors or having
147.33their contracts canceled.
148.1 (d) The provisions of this subdivision may be waived by the commissioner or the
148.2legislative branch when the vendor is the single source of such goods or services, in the
148.3event of an emergency, or when it is in the best interests of the state as determined by the
148.4commissioner in consultation with the commissioner of revenue. Such consultation is not
148.5a disclosure violation under chapter 270B.
148.6EFFECTIVE DATE.This section is effective for sales and purchases made after
148.7June 30, 2013.
148.8 Sec. 2. Minnesota Statutes 2012, section 297A.61, subdivision 3, is amended to read:
148.9 Subd. 3.
Sale and purchase. (a) "Sale" and "purchase" include, but are not
148.10limited to, each of the transactions listed in this subdivision.
In applying the provisions
148.11of this chapter, the terms "tangible personal property" and "retail sale" include taxable
148.12services listed in clause (6), items (i) to (vi) and (viii), and the provision of these taxable
148.13services, unless specifically provided otherwise. Services performed by an employee
148.14for an employer are not taxable. Services performed by a partnership or association for
148.15another partnership or association are not taxable if one of the entities owns or controls
148.16more than 80 percent of the voting power of the equity interest in the other entity. Services
148.17performed between members of an affiliated group of corporations are not taxable. For
148.18purposes of the preceding sentence, "affiliated group of corporations" means those entities
148.19that would be classified as members of an affiliated group as defined under United States
148.20Code, title 26, section 1504, disregarding the exclusions in section 1504(b).
148.21 (b) Sale and purchase include:
148.22 (1) any transfer of title or possession, or both, of tangible personal property, whether
148.23absolutely or conditionally, for a consideration in money or by exchange or barter; and
148.24 (2) the leasing of or the granting of a license to use or consume, for a consideration
148.25in money or by exchange or barter, tangible personal property, other than a manufactured
148.26home used for residential purposes for a continuous period of 30 days or more.
148.27 (c) Sale and purchase include the production, fabrication, printing, or processing of
148.28tangible personal property for a consideration for consumers who furnish either directly or
148.29indirectly the materials used in the production, fabrication, printing, or processing.
148.30 (d) Sale and purchase include the preparing for a consideration of food.
148.31Notwithstanding section
297A.67, subdivision 2, taxable food includes, but is not limited
148.32to, the following:
148.33 (1) prepared food sold by the retailer;
148.34 (2) soft drinks;
148.35 (3) candy;
149.1 (4) dietary supplements; and
149.2 (5) all food sold through vending machines.
149.3 (e) A sale and a purchase includes the furnishing for a consideration of electricity,
149.4gas, water, or steam for use or consumption within this state.
149.5 (f) A sale and a purchase includes
:
149.6 (1) the transfer for a consideration of prewritten computer software whether
149.7delivered electronically, by load and leave, or otherwise
.; and
149.8 (2) the receipt of custom computer software whether delivered electronically, by
149.9load and leave, or otherwise.
149.10 (g) A sale and a purchase includes the furnishing for a consideration of the following
149.11services:
149.12 (1) the privilege of admission to places of amusement,
exhibitions, recreational
149.13areas, or
professional athletic events,
including the rental of box seats and suites at
149.14professional athletic events, and the making available of amusement devices, tanning
149.15facilities, reducing salons, steam baths, Turkish baths, health clubs, and spas or athletic
149.16facilities
. "Exhibitions" means trade shows, boat shows, home shows, garden shows,
149.17and other similar events;
149.18 (2) lodging and related services by a hotel, rooming house, resort, campground,
149.19motel, or trailer camp, including furnishing the guest of the facility with access to
149.20telecommunication services, and the granting of any similar license to use real property in
149.21a specific facility, other than the renting or leasing of it for a continuous period of 30 days
149.22or more under an enforceable written agreement that may not be terminated without prior
149.23notice and including accommodations intermediary services provided in connection with
149.24other services provided under this clause;
149.25 (3) nonresidential parking services, whether on a contractual, hourly, or other
149.26periodic basis, except for parking at a meter;
149.27 (4) the granting of membership in a club, association, or other organization if:
149.28 (i) the club, association, or other organization makes available for the use of its
149.29members sports and athletic facilities, without regard to whether a separate charge is
149.30assessed for use of the facilities; and
149.31 (ii) use of the sports and athletic facility is not made available to the general public
149.32on the same basis as it is made available to members.
149.33Granting of membership means both onetime initiation fees and periodic membership
149.34dues. Sports and athletic facilities include golf courses; tennis, racquetball, handball, and
149.35squash courts; basketball and volleyball facilities; running tracks; exercise equipment;
149.36swimming pools; and other similar athletic or sports facilities;
150.1 (5) delivery of aggregate materials by a third party, excluding delivery of aggregate
150.2material used in road construction; and delivery of concrete block by a third party if the
150.3delivery would be subject to the sales tax if provided by the seller of the concrete block
.
150.4For purposes of this clause, "road construction" means construction of:
150.5 (i) public roads;
150.6 (ii) cartways; and
150.7 (iii) private roads in townships located outside of the seven-county metropolitan area
150.8up to the point of the emergency response location sign; and
150.9 (6) services as provided in this clause:
150.10 (i) laundry and dry cleaning services including cleaning, pressing, repairing, altering,
150.11and storing clothes, linen services and supply, cleaning and blocking hats, and carpet,
150.12drapery, upholstery, and industrial cleaning. Laundry and dry cleaning services do not
150.13include services provided by coin operated facilities operated by the customer;
150.14 (ii) motor vehicle washing, waxing, and cleaning services, including services
150.15provided by coin operated facilities operated by the customer, and rustproofing,
150.16undercoating, and towing of motor vehicles;
150.17 (iii) building and residential cleaning, maintenance, and disinfecting services and
150.18pest control and exterminating services;
150.19 (iv) detective, security, burglar, fire alarm, and armored car services; but not
150.20including services performed within the jurisdiction they serve by off-duty licensed peace
150.21officers as defined in section
626.84, subdivision 1, or services provided by a nonprofit
150.22organization
or any organization at the direction of a county for monitoring and electronic
150.23surveillance of persons placed on in-home detention pursuant to court order or under the
150.24direction of the Minnesota Department of Corrections;
150.25 (v) pet grooming services;
150.26 (vi) lawn care, fertilizing, mowing, spraying and sprigging services; garden planting
150.27and maintenance; tree, bush, and shrub pruning, bracing, spraying, and surgery; indoor
150.28plant care; tree, bush, shrub, and stump removal, except when performed as part of a land
150.29clearing contract as defined in section
297A.68, subdivision 40; and tree trimming for
150.30public utility lines. Services performed under a construction contract for the installation of
150.31shrubbery, plants, sod, trees, bushes, and similar items are not taxable;
150.32 (vii) massages, except when provided by a licensed health care facility or
150.33professional or upon written referral from a licensed health care facility or professional for
150.34treatment of illness, injury, or disease; and
150.35 (viii) the furnishing of lodging, board, and care services for animals in kennels and
150.36other similar arrangements
, but excluding veterinary and horse boarding services.
151.1 In applying the provisions of this chapter, the terms "tangible personal property"
151.2and "retail sale" include taxable services listed in clause (6), items (i) to (vi) and (viii),
151.3and the provision of these taxable services, unless specifically provided otherwise.
151.4Services performed by an employee for an employer are not taxable. Services performed
151.5by a partnership or association for another partnership or association are not taxable if
151.6one of the entities owns or controls more than 80 percent of the voting power of the
151.7equity interest in the other entity. Services performed between members of an affiliated
151.8group of corporations are not taxable. For purposes of the preceding sentence, "affiliated
151.9group of corporations" means those entities that would be classified as members of an
151.10affiliated group as defined under United States Code, title 26, section 1504, disregarding
151.11the exclusions in section 1504(b).
151.12 For purposes of clause (5), "road construction" means construction of (1) public
151.13roads, (2) cartways, and (3) private roads in townships located outside of the seven-county
151.14metropolitan area up to the point of the emergency response location sign.
151.15 (h) A sale and a purchase includes the furnishing for a consideration of tangible
151.16personal property or taxable services by the United States or any of its agencies or
151.17instrumentalities, or the state of Minnesota, its agencies, instrumentalities, or political
151.18subdivisions.
151.19 (i) A sale and a purchase includes the furnishing for a consideration of
151.20telecommunications services, ancillary services associated with telecommunication
151.21services,
cable and pay television services
, and direct satellite services. Telecommunication
151.22services include, but are not limited to, the following services, as defined in section
151.23297A.669
: air-to-ground radiotelephone service, mobile telecommunication service,
151.24postpaid calling service, prepaid calling service, prepaid wireless calling service, and
151.25private communication services. The services in this paragraph are taxed to the extent
151.26allowed under federal law.
151.27 (j) A sale and a purchase includes the furnishing for a consideration of installation if
151.28the installation charges would be subject to the sales tax if the installation were provided
151.29by the seller of the item being installed.
151.30 (k) A sale and a purchase includes the rental of a vehicle by a motor vehicle dealer
151.31to a customer when (1) the vehicle is rented by the customer for a consideration, or (2)
151.32the motor vehicle dealer is reimbursed pursuant to a service contract as defined in section
151.3359B.02, subdivision
11.
151.34 (l) A sale and a purchase includes the furnishing for a consideration of specified
151.35digital products or other digital products and granting the right for a consideration to use
151.36specified digital products or other digital products on a temporary or permanent basis and
152.1regardless of whether the purchaser is required to make continued payments for such
152.2right. Wherever the term "tangible personal property" is used in this chapter, other than in
152.3subdivisions 10 and 38, the provisions also apply to specified digital products, or other
152.4digital products, unless specifically provided otherwise or the context indicates otherwise.
152.5(m) A sale and purchase includes:
152.6(1) any service performed for the care, cleansing, beautification, or alteration of the
152.7appearance of the body, skin, nails, or hair, or in the enhancement of personal relaxation,
152.8appearance, or health, but excluding mortuary services;
152.9(2) repair labor for:
152.10(i) farm machinery as defined under section 297A.61, subdivision 12;
152.11(ii) motor vehicles as defined under section 297B.01, subdivision 11, except for
152.12motor vehicles sold at wholesale auction at an auto auction facility; and
152.13(iii) any other tangible personal property;
152.14(3) warehousing or storage services for tangible personal property excluding storage
152.15of farm products, refrigerated food, and electronic data; and
152.16(4) the furnishing for consideration of documents prepared in connection with any
152.17legal proceeding, including a trial hearing, deposition, arbitration, or mediation, except
152.18for such documents prepared for a public defender or a public defender corporation
152.19under chapter 611.
152.20(n) A sale and purchase also is the personal services of event planning, dating
152.21services, personal shopping, personal concierge services, or personal or household
152.22organizing services.
152.23(o) In applying the provisions of this chapter, the terms "tangible personal property"
152.24and "retail sale" include taxable services listed in paragraph (g), clause (6), items (i) to (vi)
152.25and (viii), and paragraphs (m) and (n), and the provision of these taxable services, unless
152.26specifically provided otherwise.
152.27EFFECTIVE DATE.This section is effective for sales and purchases made after
152.28June 30, 2013.
152.29 Sec. 3. Minnesota Statutes 2012, section 297A.61, subdivision 4, is amended to read:
152.30 Subd. 4.
Retail sale. (a) A "retail sale" means
:
152.31 (1) any sale, lease, or rental
of tangible personal property for any purpose, other than
152.32resale, sublease, or subrent of items by the purchaser in the normal course of business
152.33as defined in subdivision 21
; and
152.34 (2) any sale of a service enumerated in subdivision 3, for any purpose other than
152.35resale by the purchaser in the normal course of business as defined in subdivision 21.
153.1 (b) A sale of property used by the owner only by leasing it to others or by holding it
153.2in an effort to lease it, and put to no use by the owner other than resale after the lease or
153.3effort to lease, is a sale of property for resale.
153.4 (c) A sale of master computer software that is purchased and used to make copies for
153.5sale or lease is a sale of property for resale.
153.6 (d) A sale of building materials, supplies, and equipment to owners, contractors,
153.7subcontractors, or builders for the erection of buildings or the alteration, repair, or
153.8improvement of real property is a retail sale in whatever quantity sold, whether the sale is
153.9for purposes of resale in the form of real property or otherwise.
153.10 (e) A sale of carpeting, linoleum, or similar floor covering to a person who provides
153.11for installation of the floor covering is a retail sale and not a sale for resale since a sale of
153.12floor covering which includes installation is a contract for the improvement of real property.
153.13 (f) A sale of shrubbery, plants, sod, trees, and similar items to a person who provides
153.14for installation of the items is a retail sale and not a sale for resale since a sale of
153.15shrubbery, plants, sod, trees, and similar items that includes installation is a contract for
153.16the improvement of real property.
153.17 (g) A sale of tangible personal property that is awarded as prizes is a retail sale and
153.18is not considered a sale of property for resale.
153.19 (h) A sale of tangible personal property utilized or employed in the furnishing or
153.20providing of services under subdivision 3, paragraph (g), clause (1), including, but not
153.21limited to, property given as promotional items, is a retail sale and is not considered a
153.22sale of property for resale.
153.23 (i) A sale of tangible personal property used in conducting lawful gambling under
153.24chapter 349 or the State Lottery under chapter 349A, including, but not limited to, property
153.25given as promotional items, is a retail sale and is not considered a sale of property for resale.
153.26 (j) A sale of machines, equipment, or devices that are used to furnish, provide, or
153.27dispense goods or services, including, but not limited to, coin-operated devices, is a retail
153.28sale and is not considered a sale of property for resale.
153.29 (k) In the case of a lease, a retail sale occurs (1) when an obligation to make a lease
153.30payment becomes due under the terms of the agreement or the trade practices of the
153.31lessor or (2) in the case of a lease of a motor vehicle, as defined in section
297B.01,
153.32subdivision 11
, but excluding vehicles with a manufacturer's gross vehicle weight rating
153.33greater than 10,000 pounds and rentals of vehicles for not more than 28 days, at the time
153.34the lease is executed.
153.35 (l) In the case of a conditional sales contract, a retail sale occurs upon the transfer of
153.36title or possession of the tangible personal property.
154.1 (m) A sale of a bundled transaction in which one or more of the products included
154.2in the bundle is a taxable product is a retail sale, except that if one of the products
154.3is a telecommunication service, ancillary service, Internet access, or audio or video
154.4programming service, and the seller has maintained books and records identifying through
154.5reasonable and verifiable standards the portions of the price that are attributable to the
154.6distinct and separately identifiable products, then the products are not considered part of a
154.7bundled transaction. For purposes of this paragraph:
154.8 (1) the books and records maintained by the seller must be maintained in the regular
154.9course of business, and do not include books and records created and maintained by the
154.10seller primarily for tax purposes;
154.11 (2) books and records maintained in the regular course of business include, but are
154.12not limited to, financial statements, general ledgers, invoicing and billing systems and
154.13reports, and reports for regulatory tariffs and other regulatory matters; and
154.14 (3) books and records are maintained primarily for tax purposes when the books
154.15and records identify taxable and nontaxable portions of the price, but the seller maintains
154.16other books and records that identify different prices attributable to the distinct products
154.17included in the same bundled transaction.
154.18(n) A sale of motor vehicle repair paint and materials by a motor vehicle repair or
154.19body shop business is a retail sale and the sales tax is imposed on the gross receipts from the
154.20retail sale of the paint and materials. The motor vehicle repair or body shop that purchases
154.21motor vehicle repair paint and motor vehicle repair materials for resale must either:
154.22(1) separately state each item of paint and each item of materials, and the sales price
154.23of each, on the invoice to the purchaser; or
154.24(2) in order to calculate the sales price of the paint and materials, use a method
154.25which estimates the amount and monetary value of the paint and materials used in
154.26the repair of the motor vehicle by multiplying the number of labor hours by a rate of
154.27consideration for the paint and materials used in the repair of the motor vehicle following
154.28industry standard practices that fairly calculate the gross receipts from the retail sale of
154.29the motor vehicle repair paint and motor vehicle repair materials. An industry standard
154.30practice fairly calculates the gross receipts if the sales price of the paint and materials used
154.31or consumed in the repair of a motor vehicle equals or exceeds the purchase price paid
154.32by the motor vehicle repair or body shop business. Under clause (1), the invoice must
154.33either separately state the "paint and materials" as a single taxable item, or separately state
154.34"paint" as a taxable item and "materials" as a taxable item. This clause does not apply to
154.35wholesale transactions at an auto auction facility.
155.1 (o) A sale of specified digital products or other digital products to an end user with
155.2or without rights of permanent use and regardless of whether rights of use are conditioned
155.3upon continued payment by the purchaser is a retail sale. When a digital code has been
155.4purchased that relates to specified digital products or other digital products, the subsequent
155.5receipt of or access to the related specified digital products or other digital products
155.6is not a retail sale.
155.7 (p) A payment made to an electric cooperative or public utility for contribution in
155.8aid of construction is a contract for improvement to real property and is not a retail sale.
155.9EFFECTIVE DATE.This section is effective for sales and purchases made after
155.10June 30, 2013.
155.11 Sec. 4. Minnesota Statutes 2012, section 297A.61, subdivision 10, is amended to read:
155.12 Subd. 10.
Tangible personal property. (a) "Tangible personal property" means
155.13personal property that can be seen, weighed, measured, felt, or touched, or that is in any
155.14other manner perceptible to the senses. "Tangible personal property" includes, but is not
155.15limited to, electricity, water, gas, steam, and prewritten computer software.
155.16 (b) Tangible personal property does not include:
155.17 (1) large ponderous machinery and equipment used in a business or production
155.18activity which at common law would be considered to be real property;
155.19 (2) property which is subject to an ad valorem property tax;
155.20 (3) property described in section
272.02, subdivision 9, clauses (a) to (d);
and
155.21 (4) property described in section
272.03, subdivision 2, clauses (3) and (5)
.; and
155.22(5) specified digital products, or other digital products, transferred electronically,
155.23except that prewritten computer software delivered electronically is tangible personal
155.24property.
155.25EFFECTIVE DATE.This section is effective for sales and purchases made after
155.26June 30, 2013.
155.27 Sec. 5. Minnesota Statutes 2012, section 297A.61, subdivision 17a, is amended to read:
155.28 Subd. 17a.
Delivered electronically. "Delivered electronically" means delivered
155.29to the purchaser by means other than tangible storage media
and, unless the context
155.30indicates otherwise, applies to the delivery of computer software. Computer software is
155.31not considered delivered electronically to a purchaser simply because the purchaser has
155.32access to the product.
156.1EFFECTIVE DATE.This section is effective for sales and purchases the day
156.2following final enactment.
156.3 Sec. 6. Minnesota Statutes 2012, section 297A.61, subdivision 25, is amended to read:
156.4 Subd. 25.
Cable Pay television service. "
Cable Pay television service" means
156.5the transmission of video, audio, or other programming service to purchasers, and the
156.6subscriber interaction, if any, required for the selection or use of the programming service,
156.7regardless of whether the programming is transmitted over facilities owned or operated
156.8by the cable service provider or over facilities owned or operated by one or more dealers
156.9of communications services. The term includes point-to-multipoint distribution
direct to
156.10home satellite services by which programming is transmitted or broadcast by microwave
156.11or other equipment directly to the subscriber's premises
, or any similar or comparable
156.12method of service. The term includes
basic, extended, premium, all programming services,
156.13including subscriptions, digital video recorders, pay-per-view,
digital, and music services.
156.14EFFECTIVE DATE.This section is effective for sales and purchases made after
156.15June 30, 2013.
156.16 Sec. 7. Minnesota Statutes 2012, section 297A.61, subdivision 38, is amended to read:
156.17 Subd. 38.
Bundled transaction. (a) "Bundled transaction" means the retail sale
156.18of two or more products when the products are otherwise distinct and identifiable, and
156.19the products are sold for one nonitemized price. As used in this subdivision, "product"
156.20includes tangible personal property, services, intangibles, and digital goods
, including
156.21specified digital products or other digital products, but does not include real property or
156.22services to real property. A bundled transaction does not include the sale of any products
156.23in which the sales price varies, or is negotiable, based on the selection by the purchaser of
156.24the products included in the transaction.
156.25 (b) For purposes of this subdivision, "distinct and identifiable" products does not
156.26include:
156.27 (1) packaging and other materials, such as containers, boxes, sacks, bags, and
156.28bottles, wrapping, labels, tags, and instruction guides, that accompany the retail sale of the
156.29products and are incidental or immaterial to the retail sale. Examples of packaging that are
156.30incidental or immaterial include grocery sacks, shoe boxes, dry cleaning garment bags,
156.31and express delivery envelopes and boxes;
156.32 (2) a promotional product provided free of charge with the required purchase of
156.33another product. A promotional product is provided free of charge if the sales price of
157.1another product, which is required to be purchased in order to receive the promotional
157.2product, does not vary depending on the inclusion of the promotional product; and
157.3 (3) items included in the definition of sales price.
157.4 (c) For purposes of this subdivision, the term "one nonitemized price" does not
157.5include a price that is separately identified by product on binding sales or other supporting
157.6sales-related documentation made available to the customer in paper or electronic form
157.7including but not limited to an invoice, bill of sale, receipt, contract, service agreement,
157.8lease agreement, periodic notice of rates and services, rate card, or price list.
157.9 (d) A transaction that otherwise meets the definition of a bundled transaction is
157.10not a bundled transaction if it is:
157.11 (1) the retail sale of tangible personal property and a service and the tangible
157.12personal property is essential to the use of the service, and is provided exclusively in
157.13connection with the service, and the true object of the transaction is the service;
157.14 (2) the retail sale of services if one service is provided that is essential to the use or
157.15receipt of a second service and the first service is provided exclusively in connection with
157.16the second service and the true object of the transaction is the second service;
157.17 (3) a transaction that includes taxable products and nontaxable products and the
157.18purchase price or sales price of the taxable products is de minimis; or
157.19 (4) the retail sale of exempt tangible personal property and taxable tangible personal
157.20property if:
157.21 (i) the transaction includes food and food ingredients, drugs, durable medical
157.22equipment, mobility enhancing equipment, over-the-counter drugs, prosthetic devices,
157.23or medical supplies; and
157.24 (ii) the seller's purchase price or sales price of the taxable tangible personal property is
157.2550 percent or less of the total purchase price or sales price of the bundled tangible personal
157.26property. Sellers must not use a combination of the purchase price and sales price of the
157.27tangible personal property when making the 50 percent determination for a transaction.
157.28 (e) For purposes of this subdivision, "purchase price" means the measure subject to
157.29use tax on purchases made by the seller, and "de minimis" means that the seller's purchase
157.30price or sales price of the taxable products is ten percent or less of the total purchase
157.31price or sales price of the bundled products. Sellers shall use either the purchase price
157.32or the sales price of the products to determine if the taxable products are de minimis.
157.33Sellers must not use a combination of the purchase price and sales price of the products
157.34to determine if the taxable products are de minimis. Sellers shall use the full term of a
157.35service contract to determine if the taxable products are de minimis.
158.1EFFECTIVE DATE.This section is effective for sales and purchases made after
158.2June 30, 2013.
158.3 Sec. 8. Minnesota Statutes 2012, section 297A.61, subdivision 45, is amended to read:
158.4 Subd. 45.
Ring tone. "Ring tone" means a digitized sound file that is downloaded
158.5onto a device and that may be used to alert the customer
of a telecommunication service
158.6 with respect to a communication.
A ring tone does not include ring back tones or other
158.7digital audio files that are not stored on the purchaser's communication device.
158.8EFFECTIVE DATE.This section is effective for sales and purchases made after
158.9June 30, 2013.
158.10 Sec. 9. Minnesota Statutes 2012, section 297A.61, is amended by adding a subdivision
158.11to read:
158.12 Subd. 49. Motor vehicle repair paint and motor vehicle repair materials.
158.13"Motor vehicle repair paint" means a substance composed of solid matter suspended in a
158.14liquid medium and applied as a protective or decorative coating to the surface of a motor
158.15vehicle in order to restore the motor vehicle to its original condition, and includes primer,
158.16body paint, clear coat, and paint thinner used to paint motor vehicles, as defined in section
158.17297B.01. "Motor vehicle repair materials" means items, other than motor vehicle repair
158.18paint or motor vehicle parts, that become a part of a repaired motor vehicle or are consumed
158.19in repairing the motor vehicle at retail, and include abrasives, battery water, body filler or
158.20putty, bolts and nuts, brake fluid, buffing pads, chamois, cleaning compounds, degreasing
158.21compounds, glaze, grease, grinding discs, hydraulic jack oil, lubricants, masking tape,
158.22oxygen and acetylene, polishes, rags, razor blades, sandpaper, sanding discs, scuff pads,
158.23sealer, solder, solvents, striping tape, tack cloth, thinner, waxes, and welding rods. Motor
158.24vehicle repair materials do not include items that are not used directly on the motor vehicle,
158.25such as floor dry that is used to clean the shop, or cleaning compounds and rags that are
158.26used to clean tools, equipment, or the shop and are not used to clean the motor vehicle.
158.27EFFECTIVE DATE.This section is effective for sales and purchases made after
158.28June 30, 2013.
158.29 Sec. 10. Minnesota Statutes 2012, section 297A.61, is amended by adding a
158.30subdivision to read:
158.31 Subd. 50. Digital audio works. "Digital audio works" means works that result from
158.32a fixation of a series of musical, spoken, or other sounds, that are transferred electronically.
159.1Digital audio works includes such items as the following which may either be prerecorded
159.2or live: songs, music, readings of books or other written materials, speeches, ring tones, or
159.3other sound recordings. Digital audio works does not include audio greeting cards sent by
159.4electronic mail. Unless the context provides otherwise, in this chapter digital audio works
159.5includes the digital code, or a subscription to or access to a digital code, for receiving,
159.6accessing, or otherwise obtaining digital audio works.
159.7EFFECTIVE DATE.This section is effective for sales and purchases made after
159.8June 30, 2013.
159.9 Sec. 11. Minnesota Statutes 2012, section 297A.61, is amended by adding a
159.10subdivision to read:
159.11 Subd. 51. Digital audiovisual works. "Digital audiovisual works" means a series
159.12of related images which, when shown in succession, impart an impression of motion,
159.13together with accompanying sounds, if any, that are transferred electronically. Digital
159.14audiovisual works includes such items as motion pictures, movies, musical videos, news
159.15and entertainment, and live events. Digital audiovisual works does not include video
159.16greeting cards sent by electronic mail. Unless the context provides otherwise, in this
159.17chapter digital audiovisual works includes the digital code, or a subscription to or access to
159.18a digital code, for receiving, accessing, or otherwise obtaining digital audiovisual works.
159.19EFFECTIVE DATE.This section is effective for sales and purchases made after
159.20June 30, 2013.
159.21 Sec. 12. Minnesota Statutes 2012, section 297A.61, is amended by adding a
159.22subdivision to read:
159.23 Subd. 52. Digital books. "Digital books" means any literary works, other than
159.24digital audiovisual works or digital audio works, expressed in words, numbers, or other
159.25verbal or numerical symbols or indicia so long as the product is generally recognized in
159.26the ordinary and usual sense as a "book." It includes works of fiction and nonfiction and
159.27short stories. It does not include periodicals, magazines, newspapers, or other news or
159.28information products, chat rooms, or weblogs. Unless the context provides otherwise, in
159.29this chapter digital books includes the digital code, or a subscription to or access to a
159.30digital code, for receiving, accessing, or otherwise obtaining digital books.
159.31EFFECTIVE DATE.This section is effective for sales and purchases made after
159.32June 30, 2013.
160.1 Sec. 13. Minnesota Statutes 2012, section 297A.61, is amended by adding a
160.2subdivision to read:
160.3 Subd. 53. Digital code. "Digital code" means a code which provides a purchaser
160.4with a right to obtain one or more specified digital products or other digital products.
160.5A digital code may be transferred electronically, such as through electronic mail, or it
160.6may be transferred on a tangible medium, such as on a plastic card, a piece of paper or
160.7invoice, or imprinted on another product. A digital code is not a code that represents a
160.8stored monetary value that is deducted from a total as it is used by the purchaser, and it
160.9is not a code that represents a redeemable card, gift card, or gift certificate that entitles
160.10the holder to select a digital product of an indicated cash value. The end user of a digital
160.11code is any purchaser except one who receives the contractual right to redistribute a digital
160.12product which is the subject of the transaction.
160.13EFFECTIVE DATE.This section is effective for sales and purchases made after
160.14June 30, 2013.
160.15 Sec. 14. Minnesota Statutes 2012, section 297A.61, is amended by adding a
160.16subdivision to read:
160.17 Subd. 54. Other digital products. "Other digital products" means the following
160.18items when transferred electronically:
160.19(1) greeting cards;
160.20(2) finished artwork available for reproduction, display, or similar purposes;
160.21(3) video or electronic games;
160.22(4) periodicals;
160.23(5) magazines; and
160.24(6) other news or information products, excluding newspapers.
160.25EFFECTIVE DATE.This section is effective for sales and purchases made after
160.26June 30, 2013.
160.27 Sec. 15. Minnesota Statutes 2012, section 297A.61, is amended by adding a
160.28subdivision to read:
160.29 Subd. 55. Specified digital products. "Specified digital products" means digital
160.30audio works, digital audiovisual works, and digital books that are transferred electronically
160.31to a customer.
160.32EFFECTIVE DATE.This section is effective for sales and purchases made after
160.33June 30, 2013.
161.1 Sec. 16. Minnesota Statutes 2012, section 297A.61, is amended by adding a
161.2subdivision to read:
161.3 Subd. 56. Transferred electronically. "Transferred electronically" means obtained
161.4by the purchaser by means other than tangible storage media. For purposes of this
161.5subdivision, it is not necessary that a copy of the product be physically transferred to
161.6the purchaser. A product will be considered to have been transferred electronically to a
161.7purchaser if the purchaser has access to the product.
161.8EFFECTIVE DATE.This section is effective for sales and purchases made after
161.9June 30, 2013.
161.10 Sec. 17. Minnesota Statutes 2012, section 297A.62, subdivision 1, is amended to read:
161.11 Subdivision 1.
Generally. Except as otherwise provided in subdivision 3 or in this
161.12chapter, a sales tax of
6.5 5.675 percent is imposed on the gross receipts from retail sales
161.13as defined in section
297A.61, subdivision 4, made in this state or to a destination in this
161.14state by a person who is required to have or voluntarily obtains a permit under section
161.15297A.83, subdivision 1
.
161.16EFFECTIVE DATE.This section is effective for sales and purchases made after
161.17June 30, 2013.
161.18 Sec. 18. Minnesota Statutes 2012, section 297A.62, subdivision 1a, is amended to read:
161.19 Subd. 1a.
Constitutionally required sales tax increase. Except as otherwise
161.20provided in subdivision 3 or in this chapter, an additional sales tax of
0.375 0.325 percent,
161.21as required under the Minnesota Constitution, article XI, section 15, is imposed on the gross
161.22receipts from retail sales as defined in section
297A.61, subdivision 4, made in this state or
161.23to a destination in this state by a person who is required to have or voluntarily obtains a
161.24permit under section
297A.83, subdivision 1. This additional tax expires July 1, 2034.
161.25EFFECTIVE DATE.This section is effective for sales and purchases made after
161.26June 30, 2013.
161.27 Sec. 19. Minnesota Statutes 2012, section 297A.64, subdivision 1, is amended to read:
161.28 Subdivision 1.
Tax imposed. A tax is imposed on the lease or rental in this state
161.29for not more than 28 days of a passenger automobile as defined in section
168.002,
161.30subdivision 24
, a van as defined in section
168.002, subdivision 40, or a pickup truck as
161.31defined in section
168.002, subdivision 26. The rate of tax is
6.2 9.05 percent of the sales
161.32price. The tax applies whether or not the vehicle is licensed in the state.
162.1EFFECTIVE DATE.This section is effective for sales and purchases made after
162.2June 30, 2013.
162.3 Sec. 20. Minnesota Statutes 2012, section 297A.65, is amended to read:
162.4297A.65 LOTTERY TICKETS; IN LIEU TAX.
162.5Sales of state lottery tickets are exempt from the tax imposed under section
162.6297A.62
. The State Lottery must on or before the 20th day of each month transmit to
162.7the commissioner of revenue an amount equal to the gross receipts from the sale of
162.8lottery tickets for the previous month multiplied by
the a tax rate
under section
297A.62,
162.9subdivision 1
of 6.5 percent. The resulting payment is in lieu of the sales tax that otherwise
162.10would be imposed by this chapter. The commissioner shall deposit the money transmitted
162.11as provided by section
297A.94 and the money must be treated as other proceeds of the
162.12sales tax. For purposes of this section, "gross receipts" means the proceeds of the sale
162.13of tickets before deduction of a commission or other compensation paid to the vendor or
162.14retailer for selling tickets.
162.15EFFECTIVE DATE.This section is effective for sales and purchases made after
162.16June 30, 2013.
162.17 Sec. 21. Minnesota Statutes 2012, section 297A.66, subdivision 1, is amended to read:
162.18 Subdivision 1.
Definitions. (a)
To the extent allowed by the United States
162.19Constitution and the laws of the United States, A"retailer maintaining a place of business
162.20in this state," or a similar term, means a retailer:
162.21 (1)
having or maintaining within this state,
directly or by a subsidiary or an affiliate,
162.22 an office, place of distribution, sales or sample room or place, warehouse, or other place
162.23of business; or
162.24 (2)
having utilizing a representative, including, but not limited to, an
affiliate, agent,
162.25salesperson, canvasser, or solicitor operating in this state under the authority of the retailer
162.26or its subsidiary, for any purpose, including the repairing, selling, delivering, installing, or
162.27soliciting of orders for the retailer's goods or services, or the leasing of tangible personal
162.28property located in this state, whether the place of business or agent, representative,
affiliate,
162.29 salesperson, canvasser, or solicitor is located in the state permanently or temporarily, or
162.30whether or not the retailer
, subsidiary, or affiliate is authorized to do business in this state.
162.31 (b) "Destination of a sale" means the location to which the retailer makes delivery of
162.32the property sold, or causes the property to be delivered, to the purchaser of the property,
163.1or to the agent or designee of the purchaser. The delivery may be made by any means,
163.2including the United States Postal Service or a for-hire carrier.
163.3 (c) A retailer shall be presumed to be "maintaining a place of business in this state" if:
163.4 (1) any person, other than a person acting in the person's capacity as a common
163.5carrier, that has substantial nexus with this state:
163.6 (i) sells a similar line of products as the retailer and does so under the same or
163.7a similar business name;
163.8 (ii) maintains an office, distribution facility, warehouse or storage place, or similar
163.9place of business in the state to facilitate the delivery of property or services sold by the
163.10retailer to the retailer's customers;
163.11 (iii) uses trademarks, service marks, or trade names in the state that are substantially
163.12the same or substantially similar to those used by the retailer;
163.13 (iv) delivers, installs, assembles, or performs maintenance services for the retailer's
163.14customers within the state;
163.15 (v) facilitates the retailer's delivery of property to customers in the state by allowing
163.16the retailer's customers to pick up property sold by the retailer at an office, distribution
163.17facility, warehouse, storage space, or similar place of business maintained by the person in
163.18the state;
163.19 (vi) conducts any other activities in the state that are significantly associated with the
163.20retailer's ability to establish and maintain a market in the state for the retailer's sales; or
163.21 (2) any affiliated person has substantial nexus with the state.
163.22 (d) The presumptions in paragraph (c) may be rebutted by demonstrating that the
163.23activities of the person or affiliated person in the state are not significantly associated with
163.24the retailer's ability to establish or maintain a market in this state for the retailer's sales.
163.25 (e) "Affiliated person" means any person that is a member of the same controlled
163.26group of corporations, as defined in section 1563(a) of the Internal Revenue Code as
163.27the retailer, or any other entity that, notwithstanding its form of organization, bears the
163.28same ownership relationship to the retailer as a corporation that is a member of the same
163.29controlled group of corporations as defined in section 1563(a) of the Internal Revenue Code.
163.30 (f) "Solicitor" means a person, whether an independent contractor or other
163.31representative, who directly or indirectly solicits business for the retailer.
163.32 (1) A retailer is presumed to have a solicitor in this state if it enters into an agreement
163.33with one or more persons under which the person, for a commission or other consideration,
163.34while within this state directly or indirectly refers potential customers, whether by a link
163.35on an Internet Web site, by telemarketing, by an in-person oral presentation, or otherwise,
163.36to the retailer, if the cumulative gross receipts from the sales by the retailer to customers in
164.1the state who are referred to the retailer by all persons within this state with this type of an
164.2agreement with the retailer is in excess of $10,000 during the preceding 12 months.
164.3 (2) The presumption in clause (1) may be rebutted by submitting proof that the
164.4persons with whom the retailer has an agreement did not engage in any activity within the
164.5state that was significantly associated with the retailer's ability to establish or maintain
164.6the retailer's market in the state during the preceding 12 months. Such proof may consist
164.7of sworn written statements from all of the persons within this state with whom the
164.8retailer has an agreement stating that they did not engage in any solicitation in this state
164.9on behalf of the retailer during the preceding year, provided that such statements were
164.10provided and obtained in good faith.
164.11 (3) Nothing in this section shall be construed to narrow the scope of the terms
164.12"agent," "salesperson," "canvasser," or "other representative" for purposes of subdivision
164.131, paragraph (a).
164.14EFFECTIVE DATE.This section is effective for sales and purchases made after
164.15June 30, 2013.
164.16 Sec. 22. Minnesota Statutes 2012, section 297A.66, subdivision 3, is amended to read:
164.17 Subd. 3.
Retailer not maintaining place of business in this state. (a) To the
164.18extent allowed by the United States Constitution and the laws of the United States, a
164.19retailer making retail sales from outside this state to a destination within this state and
164.20not maintaining a place of business in this state shall collect sales and use taxes and remit
164.21them to the commissioner under section
297A.77, if the retailer engages in the regular or
164.22systematic soliciting of sales from potential customers in this state by:
164.23 (1) distribution, by mail or otherwise, of catalogs, periodicals, advertising flyers, or
164.24other written solicitations of business to customers in this state;
164.25 (2) display of advertisements on billboards or other outdoor advertising in this state;
164.26 (3) advertisements in newspapers published in this state;
164.27 (4) advertisements in trade journals or other periodicals the circulation of which is
164.28primarily within this state;
164.29 (5) advertisements in a Minnesota edition of a national or regional publication or
164.30a limited regional edition in which this state is included as part of a broader regional or
164.31national publication which are not placed in other geographically defined editions of the
164.32same issue of the same publication;
164.33 (6) advertisements in regional or national publications in an edition which is not
164.34by its contents geographically targeted to Minnesota but which is sold over the counter
164.35in Minnesota or by subscription to Minnesota residents;
165.1 (7) advertisements broadcast on a radio or television station located in Minnesota; or
165.2 (8) any other solicitation by telegraphy, telephone, computer database, cable, optic,
165.3microwave, or other communication system.
165.4 This paragraph (a) must be construed without regard to the state from which
165.5distribution of the materials originated or in which they were prepared.
165.6 (b) The location within or without this state of independent vendors that provide
165.7products or services to the retailer in connection with its solicitation of customers within this
165.8state, including such products and services as creation of copy, printing, distribution, and
165.9recording, is not considered in determining whether the retailer is required to collect tax.
165.10 (c) A retailer not maintaining a place of business in this state is presumed, subject to
165.11rebuttal, to be engaged in regular solicitation within this state if it engages in any of the
165.12activities in paragraph (a) and:
165.13 (1) makes 100 or more retail sales from outside this state to destinations in this state
165.14during a period of 12 consecutive months; or
165.15 (2) makes ten or more retail sales totaling more than $100,000 from outside this state
165.16to destinations in this state during a period of 12 consecutive months.
165.17EFFECTIVE DATE.This section is effective for sales and purchases made after
165.18June 30, 2013.
165.19 Sec. 23. Minnesota Statutes 2012, section 297A.66, is amended by adding a
165.20subdivision to read:
165.21 Subd. 7. Severability. The legislature intends that the provisions of this section
165.22are severable. If any provision contained in this bill is held invalid or unconstitutional, or
165.23its application is held invalid or unconstitutional, that finding shall not affect the other
165.24provisions or applications that can be given effect without the invalid or unconstitutional
165.25provision or application.
165.26EFFECTIVE DATE.This section is effective July 1, 2013.
165.27 Sec. 24. Minnesota Statutes 2012, section 297A.665, is amended to read:
165.28297A.665 PRESUMPTION OF TAX; BURDEN OF PROOF.
165.29 (a) For the purpose of the proper administration of this chapter and to prevent
165.30evasion of the tax, until the contrary is established, it is presumed that:
165.31 (1) all gross receipts are subject to the tax; and
165.32 (2) all retail sales for delivery in Minnesota are for storage, use, or other consumption
165.33in Minnesota.
166.1 (b) The burden of proving that a sale is not a taxable retail sale is on the seller.
166.2However, a seller is relieved of liability if:
166.3 (1) the seller obtains a fully completed exemption certificate or all the relevant
166.4information required by section
297A.72, subdivision 2, at the time of the sale or within
166.590 days after the date of the sale;
or
166.6 (2) if the seller has not obtained a fully completed exemption certificate or all the
166.7relevant information required by section
297A.72, subdivision 2, within the time provided
166.8in clause (1), within 120 days after a request for substantiation by the commissioner,
166.9the seller either:
166.10 (i) obtains in good faith a fully completed exemption certificate or all the relevant
166.11information required by section
297A.72, subdivision 2, from the purchaser; or
166.12 (ii) proves by other means that the transaction was not subject to tax
;
166.13 (3) in the case of drop shipment sales, a seller engaged in drop shipping may claim a
166.14resale exemption based on an exemption certificate provided by its customer or reseller,
166.15or any other acceptable information available to the seller engaged in drop shipping
166.16evidencing qualification for a resale exemption, regardless of whether the customer or
166.17e-seller is registered to collect and remit sales and use tax in the state.
166.18 (c) Notwithstanding paragraph (b), relief from liability does not apply to a seller who:
166.19 (1) fraudulently fails to collect the tax; or
166.20 (2) solicits purchasers to participate in the unlawful claim of an exemption.
166.21 (d) A certified service provider, as defined in section
297A.995, subdivision 2, is
166.22relieved of liability under this section to the extent a seller who is its client is relieved of
166.23liability.
166.24 (e) A purchaser of tangible personal property or any items listed in section
297A.63
166.25that are shipped or brought to Minnesota by the purchaser has the burden of proving that the
166.26property was not purchased from a retailer for storage, use, or consumption in Minnesota.
166.27 (f) If a seller claims that certain sales are exempt and does not provide the certificate,
166.28information, or proof required by paragraph (b), clause (2), within 120 days after the date
166.29of the commissioner's request for substantiation, then the exemptions claimed by the seller
166.30that required substantiation are disallowed.
166.31EFFECTIVE DATE.This section is effective for sales and purchases made after
166.32June 30, 2013.
166.33 Sec. 25. Minnesota Statutes 2012, section 297A.668, is amended by adding a
166.34subdivision to read:
167.1 Subd. 6a. Multiple points of use. (a) Notwithstanding the provisions of
167.2subdivisions 2 and 3, a business purchaser that is not a holder of a direct pay permit that
167.3purchases electronically delivered goods or services that will be concurrently available for
167.4use in more than one taxing jurisdiction may deliver to the seller in conjunction with its
167.5purchase a multiple points of use certificate disclosing this fact.
167.6(b) Upon receipt of the multiple points of use certificate, the seller is relieved of the
167.7obligation to collect, pay, or remit the applicable tax and the purchaser is obligated to
167.8collect, pay, or remit the applicable tax on a direct pay basis.
167.9(c) The purchaser delivering the multiple points of use certificate has sole discretion
167.10to use any reasonable but consistent and uniform method of apportionment that is supported
167.11by the purchaser's business records as they exist at the time of the consummation of the sale.
167.12(d) The multiple points of use certificate remains in effect for all future sales by the
167.13seller to the purchaser until it is revoked by the purchaser in writing.
167.14(e) A holder of a direct pay permit is not required to deliver a multiple points of use
167.15certificate to the seller. A direct pay permit holder shall follow the provisions of paragraph
167.16(c) in apportioning the tax due on electronically delivered goods or services that will be
167.17concurrently available for use in more than one taxing jurisdiction.
167.18(f) A seller is relieved of liability if:
167.19(1) the seller obtains a fully completed multiple points of use certificate or all the
167.20relevant information required by section 297A.72, subdivision 2, at the time of the sale or
167.21within 90 days after the date of the sale; or
167.22(2) within 120 days after a request for substantiation by the commissioner, the
167.23seller either:
167.24(i) obtains in good faith a fully completed multiple points of use certificate or all the
167.25relevant information required by section 297A.72, subdivision 2, from the purchaser; or
167.26(ii) proves by other means that the transaction was not subject to tax.
167.27EFFECTIVE DATE.This section is effective for sales and purchases made after
167.28June 30, 2013.
167.29 Sec. 26. Minnesota Statutes 2012, section 297A.67, subdivision 7, is amended to read:
167.30 Subd. 7.
Drugs; medical devices. (a) Sales of the following drugs and medical
167.31devices for human use are exempt:
167.32 (1)
prescription drugs
, including over-the-counter drugs;
167.33 (2) single-use finger-pricking devices for the extraction of blood and other single-use
167.34devices and single-use diagnostic agents used in diagnosing, monitoring, or treating
167.35diabetes;
168.1 (3) insulin and medical oxygen for human use, regardless of whether prescribed
168.2or sold over the counter;
168.3 (4) prosthetic devices;
168.4 (5) durable medical equipment for home use only;
168.5 (6) mobility enhancing equipment;
168.6 (7) prescription corrective eyeglasses; and
168.7 (8) kidney dialysis equipment, including repair and replacement parts.
168.8(b) Items purchased in transactions covered by:
168.9(1) Medicare as defined under title XVIII of the Social Security Act, United States
168.10Code, title 42, section 1395, et seq.; or
168.11(2) Medicaid as defined under title XIX of the Social Security Act, United States
168.12Code, title 42, section 1396, et. seq.
168.13 (b) (c) For purposes of this subdivision:
168.14 (1) "Drug" means a compound, substance, or preparation, and any component of
168.15a compound, substance, or preparation, other than food and food ingredients, dietary
168.16supplements, or alcoholic beverages that is:
168.17 (i) recognized in the official United States Pharmacopoeia, official Homeopathic
168.18Pharmacopoeia of the United States, or official National Formulary, and supplement
168.19to any of them;
168.20 (ii) intended for use in the diagnosis, cure, mitigation, treatment, or prevention
168.21of disease; or
168.22 (iii) intended to affect the structure or any function of the body.
168.23 (2) "Durable medical equipment" means equipment, including repair and
168.24replacement parts,
including single-patient use items, but not including mobility enhancing
168.25equipment, that:
168.26 (i) can withstand repeated use;
168.27 (ii) is primarily and customarily used to serve a medical purpose;
168.28 (iii) generally is not useful to a person in the absence of illness or injury; and
168.29 (iv) is not worn in or on the body.
168.30 For purposes of this clause, "repair and replacement parts" includes all components
168.31or attachments used in conjunction with the durable medical equipment,
but does not
168.32include including repair and replacement parts which are for single patient use only.
168.33 (3) "Mobility enhancing equipment" means equipment, including repair and
168.34replacement parts, but not including durable medical equipment, that:
168.35 (i) is primarily and customarily used to provide or increase the ability to move from
168.36one place to another and that is appropriate for use either in a home or a motor vehicle;
169.1 (ii) is not generally used by persons with normal mobility; and
169.2 (iii) does not include any motor vehicle or equipment on a motor vehicle normally
169.3provided by a motor vehicle manufacturer.
169.4 (4) "Over-the-counter drug" means a drug that contains a label that identifies the
169.5product as a drug as required by Code of Federal Regulations, title 21, section 201.66. The
169.6label must include a "drug facts" panel or a statement of the active ingredients with a list of
169.7those ingredients contained in the compound, substance, or preparation. Over-the-counter
169.8drugs do not include grooming and hygiene products, regardless of whether they otherwise
169.9meet the definition. "Grooming and hygiene products" are soaps, cleaning solutions,
169.10shampoo, toothpaste, mouthwash, antiperspirants, and suntan lotions and sunscreens.
169.11 (5) (4) "Prescribed" and "prescription" means a direction in the form of an order,
169.12formula, or recipe issued in any form of oral, written, electronic, or other means of
169.13transmission by a duly licensed health care professional.
169.14 (6) (5) "Prosthetic device" means a replacement, corrective, or supportive device,
169.15including repair and replacement parts, worn on or in the body to:
169.16 (i) artificially replace a missing portion of the body;
169.17 (ii) prevent or correct physical deformity or malfunction; or
169.18 (iii) support a weak or deformed portion of the body.
169.19Prosthetic device does not include corrective eyeglasses.
169.20 (7) (6) "Kidney dialysis equipment" means equipment that:
169.21 (i) is used to remove waste products that build up in the blood when the kidneys are
169.22not able to do so on their own; and
169.23 (ii) can withstand repeated use, including multiple use by a single patient,
169.24notwithstanding the provisions of clause (2).
169.25(7) A transaction is covered by Medicare or Medicaid if any portion of the cost of
169.26the item purchased in the transaction is paid for or reimbursed by the federal government
169.27or the state of Minnesota pursuant to the Medicare or Medicaid program, by a private
169.28insurance company administering the Medicare or Medicaid program on behalf of the
169.29federal government or the state of Minnesota, or by a managed care organization for the
169.30benefit of a patient enrolled in a prepaid program that furnishes medical services in lieu
169.31of conventional Medicare or Medicaid coverage pursuant to agreement with the federal
169.32government or the state of Minnesota.
169.33EFFECTIVE DATE.Changes to paragraph (a), clause (1), and paragraph (c),
169.34clause (4), are effective for sales and purchases made after June 30, 2013. Changes to
169.35paragraph (b) and paragraph (c), clauses (2) and (7), are effective retroactively for sales
170.1and purchases made after April 1, 2009. Purchasers may apply for a refund of tax paid on
170.2qualifying purchases under paragraph (b) and paragraph (c), clauses (2) and (7), made
170.3after April 1, 2009, and before July 1, 2013, in the manner provided in section 297A.75.
170.4Notwithstanding limitations on claims for refunds under section 289A.40, claims may be
170.5filed with the commissioner until June 30, 2014.
170.6 Sec. 27. Minnesota Statutes 2012, section 297A.67, is amended by adding a
170.7subdivision to read:
170.8 Subd. 7a. Accessories and supplies. Accessories and supplies required for the
170.9effective use of durable medical equipment for home use only or purchased in a transaction
170.10covered by medicare or Medicaid, that are not already exempt under section 297A.67,
170.11subdivision 7, are exempt. Accessories and supplies for the effective use of a prosthetic
170.12device that are not already exempt under section 297A.67, subdivision 7, are exempt.
170.13For purposes of this subdivision "durable medical equipment," "prosthetic device,"
170.14"Medicare," and "Medicaid" have the definitions given in section 297A.67, subdivision 7.
170.15EFFECTIVE DATE.This section is effective retroactively for sales and purchases
170.16made after April 1, 2009. Purchasers may apply for a refund of tax paid on qualifying
170.17purchases under this section made after April 1, 2009, and before July 1, 2013, in the
170.18manner provided in section 297A.75. Notwithstanding limitations on claims for refunds
170.19under section 289A.40, claims may be filed with the commissioner until June 30, 2014.
170.20 Sec. 28. Minnesota Statutes 2012, section 297A.68, subdivision 2, is amended to read:
170.21 Subd. 2.
Materials consumed in industrial production. (a) Materials stored, used,
170.22or consumed in industrial production of
tangible personal property intended to be sold
170.23ultimately at retail
, are exempt, whether or not the item so used becomes an ingredient
170.24or constituent part of the property produced. Materials that qualify for this exemption
170.25include, but are not limited to, the following:
170.26(1) chemicals, including chemicals used for cleaning food processing machinery
170.27and equipment;
170.28(2) materials, including chemicals, fuels, and electricity purchased by persons
170.29engaged in industrial production to treat waste generated as a result of the production
170.30process;
170.31(3) fuels, electricity, gas, and steam used or consumed in the production process,
170.32except that electricity, gas, or steam used for space heating, cooling, or lighting is exempt
170.33if (i) it is in excess of the average climate control or lighting for the production area, and
170.34(ii) it is necessary to produce that particular product;
171.1(4) petroleum products and lubricants;
171.2(5) packaging materials, including returnable containers used in packaging food
171.3and beverage products;
171.4(6) accessory tools, equipment, and other items that are separate detachable units
171.5with an ordinary useful life of less than 12 months used in producing a direct effect upon
171.6the product; and
171.7(7) the following materials, tools, and equipment used in metal-casting: crucibles,
171.8thermocouple protection sheaths and tubes, stalk tubes, refractory materials, molten metal
171.9filters and filter boxes, degassing lances, and base blocks.
171.10(b) This exemption does not include:
171.11(1) machinery, equipment, implements, tools, accessories, appliances, contrivances
171.12and furniture and fixtures, except those listed in paragraph (a), clause (6); and
171.13(2) petroleum and special fuels used in producing or generating power for propelling
171.14ready-mixed concrete trucks on the public highways of this state.
171.15(c) Industrial production includes, but is not limited to, research, development,
171.16design or production of any tangible personal property, manufacturing, processing (other
171.17than by restaurants and consumers) of agricultural products (whether vegetable or animal),
171.18commercial fishing, refining, smelting, reducing, brewing, distilling, printing, mining,
171.19quarrying, lumbering, generating electricity, the production of road building materials,
171.20and the research, development, design, or production of computer software. Industrial
171.21production does not include painting, cleaning, repairing or similar processing of property
171.22except as part of the original manufacturing process.
171.23(d) Industrial production does not include:
171.24(1) the furnishing of services listed in section
297A.61, subdivision 3, paragraph (g),
171.25clause (6), items (i) to (vi) and (viii)
, or paragraph (m) or (n); or
171.26(2) the transportation, transmission, or distribution of petroleum, liquefied gas,
171.27natural gas, water, or steam, in, by, or through pipes, lines, tanks, mains, or other means of
171.28transporting those products. For purposes of this paragraph, "transportation, transmission,
171.29or distribution" does not include blending of petroleum or biodiesel fuel as defined
171.30in section
239.77.
171.31EFFECTIVE DATE.This section is effective for sales and purchases made after
171.32June 30, 2013.
171.33 Sec. 29. Minnesota Statutes 2012, section 297A.68, subdivision 5, is amended to read:
171.34 Subd. 5.
Capital equipment. (a) Capital equipment is exempt.
Except as provided
171.35in paragraphs (e) and (f), the tax must be imposed and collected as if the rate under section
172.1297A.62, subdivision 1
, applied, and then refunded in the manner provided in section
172.2297A.75
.
172.3"Capital equipment" means machinery and equipment purchased or leased, and used
172.4in this state by the purchaser or lessee primarily for manufacturing, fabricating, mining,
172.5or refining tangible personal property to be sold ultimately at retail if the machinery and
172.6equipment are essential to the integrated production process of manufacturing, fabricating,
172.7mining, or refining. Capital equipment also includes machinery and equipment
172.8used primarily to electronically transmit results retrieved by a customer of an online
172.9computerized data retrieval system.
172.10(b) Capital equipment includes, but is not limited to:
172.11(1) machinery and equipment used to operate, control, or regulate the production
172.12equipment;
172.13(2) machinery and equipment used for research and development, design, quality
172.14control, and testing activities;
172.15(3) environmental control devices that are used to maintain conditions such as
172.16temperature, humidity, light, or air pressure when those conditions are essential to and are
172.17part of the production process;
172.18(4) materials and supplies used to construct and install machinery or equipment;
172.19(5) repair and replacement parts, including accessories, whether purchased as spare
172.20parts, repair parts, or as upgrades or modifications to machinery or equipment;
172.21(6) materials used for foundations that support machinery or equipment;
172.22(7) materials used to construct and install special purpose buildings used in the
172.23production process;
172.24(8) ready-mixed concrete equipment in which the ready-mixed concrete is mixed
172.25as part of the delivery process regardless if mounted on a chassis, repair parts for
172.26ready-mixed concrete trucks, and leases of ready-mixed concrete trucks; and
172.27(9) machinery or equipment used for research, development, design, or production
172.28of computer software.
172.29(c) Capital equipment does not include the following:
172.30(1) motor vehicles taxed under chapter 297B;
172.31(2) machinery or equipment used to receive or store raw materials;
172.32(3) building materials, except for materials included in paragraph (b), clauses (6)
172.33and (7);
172.34(4) machinery or equipment used for nonproduction purposes, including, but not
172.35limited to, the following: plant security, fire prevention, first aid, and hospital stations;
173.1support operations or administration; pollution control; and plant cleaning, disposal of
173.2scrap and waste, plant communications, space heating, cooling, lighting, or safety;
173.3(5) farm machinery and aquaculture production equipment as defined by section
173.4297A.61
, subdivisions 12 and 13;
173.5(6) machinery or equipment purchased and installed by a contractor as part of an
173.6improvement to real property;
173.7(7) machinery and equipment used by restaurants in the furnishing, preparing, or
173.8serving of prepared foods as defined in section
297A.61, subdivision 31;
173.9(8) machinery and equipment used to furnish the services listed in section
297A.61,
173.10subdivision 3
, paragraph (g), clause (6), items (i) to (vi) and (viii);
173.11(9) machinery or equipment used in the transportation, transmission, or distribution
173.12of petroleum, liquefied gas, natural gas, water, or steam, in, by, or through pipes, lines,
173.13tanks, mains, or other means of transporting those products. This clause does not apply to
173.14machinery or equipment used to blend petroleum or biodiesel fuel as defined in section
173.15239.77
; or
173.16(10) any other item that is not essential to the integrated process of manufacturing,
173.17fabricating, mining, or refining.
173.18(d) For purposes of this subdivision:
173.19(1) "Equipment" means independent devices or tools separate from machinery but
173.20essential to an integrated production process, including computers and computer software,
173.21used in operating, controlling, or regulating machinery and equipment; and any subunit or
173.22assembly comprising a component of any machinery or accessory or attachment parts of
173.23machinery, such as tools, dies, jigs, patterns, and molds.
173.24(2) "Fabricating" means to make, build, create, produce, or assemble components or
173.25property to work in a new or different manner.
173.26(3) "Integrated production process" means a process or series of operations through
173.27which tangible personal property is manufactured, fabricated, mined, or refined. For
173.28purposes of this clause, (i) manufacturing begins with the removal of raw materials
173.29from inventory and ends when the last process prior to loading for shipment has been
173.30completed; (ii) fabricating begins with the removal from storage or inventory of the
173.31property to be assembled, processed, altered, or modified and ends with the creation
173.32or production of the new or changed product; (iii) mining begins with the removal of
173.33overburden from the site of the ores, minerals, stone, peat deposit, or surface materials and
173.34ends when the last process before stockpiling is completed; and (iv) refining begins with
173.35the removal from inventory or storage of a natural resource and ends with the conversion
173.36of the item to its completed form.
174.1(4) "Machinery" means mechanical, electronic, or electrical devices, including
174.2computers and computer software, that are purchased or constructed to be used for the
174.3activities set forth in paragraph (a), beginning with the removal of raw materials from
174.4inventory through completion of the product, including packaging of the product.
174.5(5) "Machinery and equipment used for pollution control" means machinery and
174.6equipment used solely to eliminate, prevent, or reduce pollution resulting from an activity
174.7described in paragraph (a).
174.8(6) "Manufacturing" means an operation or series of operations where raw materials
174.9are changed in form, composition, or condition by machinery and equipment and which
174.10results in the production of a new article of tangible personal property. For purposes of
174.11this subdivision, "manufacturing" includes the generation of electricity or steam to be
174.12sold at retail.
174.13(7) "Mining" means the extraction of minerals, ores, stone, or peat.
174.14(8) "Online data retrieval system" means a system whose cumulation of information
174.15is equally available and accessible to all its customers.
174.16(9) "Primarily" means machinery and equipment used 50 percent or more of the time
174.17in an activity described in paragraph (a).
174.18(10) "Refining" means the process of converting a natural resource to an intermediate
174.19or finished product, including the treatment of water to be sold at retail.
174.20(11) This subdivision does not apply to telecommunications equipment as
174.21provided in subdivision 35, and does not apply to wire, cable, fiber, poles, or conduit
174.22for telecommunications services.
174.23(e) Materials exempt under this section may be purchased without imposing and
174.24collecting the tax and without applying for a refund under section 297A.75, provided that:
174.25(1) the purchaser employed not more than 80 full-time equivalent employees at
174.26any time during calendar year 2013; and
174.27(2) if another business owns at least 20 percent of the purchaser, then the sum of the
174.28number of full-time equivalent employees employed by the purchaser and the number
174.29of full-time equivalent employees employed by any other business that owns at least 20
174.30percent of the purchaser's business is not more than 80 full-time equivalent employees
174.31during calendar year 2013. This clause must be applied for each business that owns at
174.32least 20 percent of the purchaser.
174.33(f) For the state's fiscal year 2016 and thereafter, all purchases exempt under this
174.34section may be purchased without imposing and collecting the tax and without applying
174.35for a refund under section 297A.75.
175.1EFFECTIVE DATE.Paragraph (e) is effective for sales and purchases made
175.2after June 30, 2014, and through June 30, 2015. Paragraph (f) is effective for sales and
175.3purchases made after June 30, 2015.
175.4 Sec. 30. Minnesota Statutes 2012, section 297A.68, subdivision 10, is amended to read:
175.5 Subd. 10.
Publications; publication materials. Tangible personal property that
175.6is used or consumed in producing any publication regularly issued at average intervals
175.7not exceeding three months is exempt, and any such publication is exempt. "Publication"
175.8includes, but is not limited to, a qualified newspaper as defined by section
331A.02,
175.9together with any supplements or enclosures. "Publication" does not include magazines
175.10and periodicals
, whether sold over the counter
or by subscription. Tangible personal
175.11property that is used or consumed in producing a publication does not include machinery,
175.12equipment, implements, tools, accessories, appliances, contrivances, furniture, and fixtures
175.13used in the publication, or fuel, electricity, gas, or steam used for space heating or lighting.
175.14Advertising contained in a publication is a nontaxable service and is exempt.
175.15Persons who publish or sell newspapers are engaging in a nontaxable service with
175.16respect to gross receipts realized from such news-gathering or news-publishing activities,
175.17including the sale of advertising.
175.18EFFECTIVE DATE.This section is effective for sales and purchases made after
175.19June 30, 2013.
175.20 Sec. 31. Minnesota Statutes 2012, section 297A.68, subdivision 42, is amended to read:
175.21 Subd. 42.
Qualified data centers. (a) Purchases of enterprise information
175.22technology equipment and computer software for use in a qualified data center are exempt.
175.23The tax on purchases exempt under this paragraph must be imposed and collected as if the
175.24rate under section
297A.62, subdivision 1, applied, and then refunded after June 30, 2013,
175.25in the manner provided in section
297A.75. This exemption includes enterprise information
175.26technology equipment and computer software purchased to replace or upgrade enterprise
175.27information technology equipment and computer software in a qualified data center.
175.28(b) Electricity used or consumed in the operation of a qualified data center is exempt.
175.29(c) For purposes of this subdivision, "qualified data center" means a facility in
175.30Minnesota:
175.31(1) that is comprised of one or more buildings that consist in the aggregate of at least
175.3230,000 25,000 square feet, and that are located on a single parcel or on contiguous parcels,
175.33where the total cost of construction or refurbishment, investment in enterprise information
176.1technology equipment, and computer software is at least
$50,000,000 $20,000,000 within
176.2a 24-month period;
176.3(2) that is constructed or substantially refurbished after June 30, 2012, where
176.4"substantially refurbished" means that at least
30,000 25,000 square feet have been rebuilt
176.5or modified
; and, including:
176.6(i) installation of enterprise information technology equipment, environmental
176.7control, and energy efficiency improvements; and
176.8(ii) building improvements; and
176.9(3) that is used to house enterprise information technology equipment, where the
176.10facility has the following characteristics:
176.11(i) uninterruptible power supplies, generator backup power, or both;
176.12(ii) sophisticated fire suppression and prevention systems; and
176.13(iii) enhanced security. A facility will be considered to have enhanced security if it
176.14has restricted access to the facility to selected personnel; permanent security guards; video
176.15camera surveillance; an electronic system requiring pass codes, keycards, or biometric
176.16scans, such as hand scans and retinal or fingerprint recognition; or similar security features.
176.17In determining whether the facility has the required square footage, the square
176.18footage of the following spaces shall be included if the spaces support the operation
176.19of enterprise information technology equipment: office space, meeting space, and
176.20mechanical and other support facilities.
For purposes of this subdivision, "computer
176.21software" includes, but is not limited to, software utilized or loaded at the qualified data
176.22center, including maintenance, licensing, and software customization.
176.23(d) For purposes of this subdivision, "enterprise information technology equipment"
176.24means computers and equipment supporting computing, networking, or data storage,
176.25including servers and routers. It includes, but is not limited to: cooling systems,
176.26cooling towers, and other temperature control infrastructure; power infrastructure for
176.27transformation, distribution, or management of electricity used for the maintenance
176.28and operation of a qualified data center, including but not limited to exterior dedicated
176.29business-owned substations, backup power generation systems, battery systems, and
176.30related infrastructure; and racking systems, cabling, and trays, which are necessary for
176.31the maintenance and operation of the qualified data center.
176.32(e) A qualified data center may claim the exemptions in this subdivision for
176.33purchases made either within 20 years of the date of its first purchase qualifying for the
176.34exemption under paragraph (a), or by June 30, 2042, whichever is earlier.
176.35(f) The purpose of this exemption is to create jobs in the construction and data
176.36center industries.
177.1(g) This subdivision is effective for sales and purchases made after June 30, 2012,
177.2and before July 1, 2042.
177.3EFFECTIVE DATE.This section is effective for sales and purchases made after
177.4June 30, 2013.
177.5 Sec. 32. Minnesota Statutes 2012, section 297A.68, is amended by adding a
177.6subdivision to read:
177.7 Subd. 49. Greater Minnesota business expansions. (a) Purchases and use of
177.8tangible personal property or taxable services by a qualified business, as defined in section
177.9116J.3738, are exempt if:
177.10(1) the business subsidy agreement provides that the exemption under this
177.11subdivision applies;
177.12(2) the property or services are primarily used or consumed in greater Minnesota; and
177.13(3) the purchase was made and delivery received during the duration of the
177.14certification of the business as a qualified business under section 116J.3738.
177.15(b) Purchase and use of construction materials and supplies used or consumed in,
177.16and equipment incorporated into, the construction of improvements to real property in
177.17greater Minnesota are exempt if the improvements after completion of construction are
177.18to be used in the conduct of the trade or business of the qualified business, as defined in
177.19section 116J.3738. This exemption applies regardless of whether the purchases are made
177.20by the business or a contractor.
177.21(c) The exemptions under this subdivision apply to a local sales and use tax.
177.22(d) A qualifying business may claim an exemption under this subdivision in an
177.23amount up to $15,000.
177.24(e) The tax on purchases imposed under this subdivision must be imposed and
177.25collected as if the rate under section 297A.62, subdivision 1, applied, and then refunded in
177.26the manner provided in section 297A.75. No more than $1,000,000 may be refunded in a
177.27fiscal year for all purchases under this subdivision. Any portion of the balance of funds
177.28allocated for refunds under this paragraph does not cancel and shall be carried forward to
177.29and available for refunds in subsequent fiscal years.
177.30EFFECTIVE DATE.This section is effective for sales and purchases made after
177.31June 30, 2013.
177.32 Sec. 33. Minnesota Statutes 2012, section 297A.70, subdivision 2, is amended to read:
178.1 Subd. 2.
Sales to government. (a) All sales, except those listed in paragraph (b),
178.2to the following governments and political subdivisions, or to the listed agencies or
178.3instrumentalities of governments and political subdivisions, are exempt:
178.4(1) the United States and its agencies and instrumentalities;
178.5(2) school districts,
local governments, the University of Minnesota, state universities,
178.6community colleges, technical colleges, state academies, the Perpich Minnesota Center for
178.7Arts Education, and an instrumentality of a political subdivision that is accredited as an
178.8optional/special function school by the North Central Association of Colleges and Schools;
178.9(3) hospitals and nursing homes owned and operated by political subdivisions of
178.10the state of tangible personal property and taxable services used at or by hospitals and
178.11nursing homes;
178.12(4) the Metropolitan Council, for its purchases of vehicles and repair parts to equip
178.13operations provided for in section
473.4051;
178.14(5) other states or political subdivisions of other states, if the sale would be exempt
178.15from taxation if it occurred in that state;
and
178.16(6) public libraries, public library systems, multicounty, multitype library systems as
178.17defined in section
134.001, county law libraries under chapter 134A, state agency libraries,
178.18the state library under section
480.09, and the Legislative Reference Library
; and.
178.19(7) towns.
178.20(b) This exemption does not apply to the sales of the following products and services:
178.21(1) building, construction, or reconstruction materials purchased by a contractor
178.22or a subcontractor as a part of a lump-sum contract or similar type of contract with a
178.23guaranteed maximum price covering both labor and materials for use in the construction,
178.24alteration, or repair of a building or facility;
178.25(2) construction materials purchased by tax exempt entities or their contractors to
178.26be used in constructing buildings or facilities which will not be used principally by the
178.27tax exempt entities;
178.28(3) the leasing of a motor vehicle as defined in section
297B.01, subdivision 11,
178.29except for leases entered into by the United States or its agencies or instrumentalities;
178.30(4) lodging as defined under section
297A.61, subdivision 3, paragraph (g), clause
178.31(2), and prepared food, candy, soft drinks, and alcoholic beverages as defined in section
178.32297A.67, subdivision 2
, except for lodging, prepared food, candy, soft drinks, and alcoholic
178.33beverages purchased directly by the United States or its agencies or instrumentalities; or
178.34(5) goods or services purchased by a
town local government as inputs to goods and
178.35services that are generally provided by a private business and the purchases would be
178.36taxable if made by a private business engaged in the same activity.
179.1(c) As used in this subdivision, "school districts" means public school entities and
179.2districts of every kind and nature organized under the laws of the state of Minnesota, and
179.3any instrumentality of a school district, as defined in section
471.59.
179.4(d) As used in this subdivision, "local governments" means cities, counties, and
179.5townships.
179.6(d) (e) As used in this subdivision, "goods or services generally provided by a private
179.7business" include, but are not limited to, goods or services provided by liquor stores, gas
179.8and electric utilities, golf courses, marinas, health and fitness centers, campgrounds, cafes,
179.9and laundromats. "Goods or services generally provided by a private business" do not
179.10include housing services, sewer and water services, wastewater treatment, ambulance and
179.11other public safety services, correctional services, chore or homemaking services provided
179.12to elderly or disabled individuals, or road and street maintenance or lighting.
179.13EFFECTIVE DATE.This section is effective for sales and purchases made after
179.14June 30, 2013.
179.15 Sec. 34. Minnesota Statutes 2012, section 297A.70, subdivision 4, is amended to read:
179.16 Subd. 4.
Sales to nonprofit groups. (a) All sales, except those listed in paragraph
179.17(b), to the following "nonprofit organizations" are exempt:
179.18(1) a corporation, society, association, foundation, or institution organized and
179.19operated exclusively for charitable, religious, or educational purposes if the item
179.20purchased is used in the performance of charitable, religious, or educational functions; and
179.21(2) any senior citizen group or association of groups that:
179.22(i) in general limits membership to persons who are either age 55 or older, or
179.23physically disabled;
179.24(ii) is organized and operated exclusively for pleasure, recreation, and other
179.25nonprofit purposes, not including housing, no part of the net earnings of which inures to
179.26the benefit of any private shareholders; and
179.27(iii) is an exempt organization under section 501(c) of the Internal Revenue Code.
179.28For purposes of this subdivision, charitable purpose includes the maintenance of a
179.29cemetery owned by a religious organization.
179.30(b) This exemption does not apply to the following sales:
179.31(1) building, construction, or reconstruction materials purchased by a contractor
179.32or a subcontractor as a part of a lump-sum contract or similar type of contract with a
179.33guaranteed maximum price covering both labor and materials for use in the construction,
179.34alteration, or repair of a building or facility;
180.1(2) construction materials purchased by tax-exempt entities or their contractors to
180.2be used in constructing buildings or facilities that will not be used principally by the
180.3tax-exempt entities; and
180.4(3) lodging as defined under section
297A.61, subdivision 3, paragraph (g), clause
180.5(2), and prepared food, candy, soft drinks, and alcoholic beverages as defined in section
180.6297A.67, subdivision 2
, except wine purchased by an established religious organization
180.7for sacramental purposes
or as allowed under subdivision 9a; and
180.8(4) leasing of a motor vehicle as defined in section
297B.01, subdivision 11, except
180.9as provided in paragraph (c).
180.10(c) This exemption applies to the leasing of a motor vehicle as defined in section
180.11297B.01, subdivision 11
, only if the vehicle is:
180.12(1) a truck, as defined in section
168.002, a bus, as defined in section
168.002, or a
180.13passenger automobile, as defined in section
168.002, if the automobile is designed and
180.14used for carrying more than nine persons including the driver; and
180.15(2) intended to be used primarily to transport tangible personal property or
180.16individuals, other than employees, to whom the organization provides service in
180.17performing its charitable, religious, or educational purpose.
180.18(d) A limited liability company also qualifies for exemption under this subdivision if
180.19(1) it consists of a sole member that would qualify for the exemption, and (2) the items
180.20purchased qualify for the exemption.
180.21EFFECTIVE DATE.This section is effective retroactively for sales and purchases
180.22made after June 30, 2012.
180.23 Sec. 35. Minnesota Statutes 2012, section 297A.70, subdivision 5, is amended to read:
180.24 Subd. 5.
Veterans groups. Sales to an organization of military service veterans or
180.25an auxiliary unit of an organization of military service veterans are exempt if:
180.26(1) the organization or auxiliary unit is organized within the state of Minnesota
180.27and is exempt from federal taxation under section 501(c), clause (19), of the Internal
180.28Revenue Code; and
180.29(2) the tangible personal property
is or services are for charitable, civic, educational,
180.30or nonprofit uses and not for social, recreational, pleasure, or profit uses.
180.31EFFECTIVE DATE.This section is effective for sales and purchases made after
180.32June 30, 2013.
180.33 Sec. 36. Minnesota Statutes 2012, section 297A.70, subdivision 7, is amended to read:
181.1 Subd. 7.
Hospitals and, outpatient surgical centers, and critical access dental
181.2providers. (a) Sales, except for those listed in paragraph
(c) (d), to a hospital are exempt,
181.3if the items purchased are used in providing hospital services. For purposes of this
181.4subdivision, "hospital" means a hospital organized and operated for charitable purposes
181.5within the meaning of section 501(c)(3) of the Internal Revenue Code, and licensed under
181.6chapter 144 or by any other jurisdiction, and "hospital services" are services authorized or
181.7required to be performed by a "hospital" under chapter 144.
181.8 (b) Sales, except for those listed in paragraph
(c) (d), to an outpatient surgical center
181.9are exempt, if the items purchased are used in providing outpatient surgical services. For
181.10purposes of this subdivision, "outpatient surgical center" means an outpatient surgical
181.11center organized and operated for charitable purposes within the meaning of section
181.12501(c)(3) of the Internal Revenue Code, and licensed under chapter 144 or by any other
181.13jurisdiction. For the purposes of this subdivision, "outpatient surgical services" means:
181.14(1) services authorized or required to be performed by an outpatient surgical center under
181.15chapter 144; and (2) urgent care. For purposes of this subdivision, "urgent care" means
181.16health services furnished to a person whose medical condition is sufficiently acute to
181.17require treatment unavailable through, or inappropriate to be provided by, a clinic or
181.18physician's office, but not so acute as to require treatment in a hospital emergency room.
181.19 (c)
Sales, except for those listed in paragraph (d), to a critical access dental provider
181.20are exempt, if the items purchased are used in providing critical access dental care
181.21services. For the purposes of this subdivision, "critical access dental provider" means
181.22a dentist or dental clinic designated as a critical access dental provider under section
181.23256B.76, subdivision 4, that serve only recipients of Minnesota health care programs.
181.24 (d) This exemption does not apply to the following products and services:
181.25 (1) purchases made by a clinic, physician's office, or any other medical facility not
181.26operating as a hospital
or, outpatient surgical center,
or critical access dental provider,
181.27even though the clinic, office, or facility may be owned and operated by a hospital
or,
181.28 outpatient surgical center
, or critical access dental provider;
181.29 (2) sales under section
297A.61, subdivision 3, paragraph (g), clause (2), and
181.30prepared food, candy, and soft drinks;
181.31 (3) building and construction materials used in constructing buildings or facilities
181.32that will not be used principally by the hospital
or, outpatient surgical center
, or critical
181.33access dental provider;
181.34 (4) building, construction, or reconstruction materials purchased by a contractor or a
181.35subcontractor as a part of a lump-sum contract or similar type of contract with a guaranteed
182.1maximum price covering both labor and materials for use in the construction, alteration, or
182.2repair of a hospital
or, outpatient surgical center
, or critical access dental provider; or
182.3 (5) the leasing of a motor vehicle as defined in section
297B.01, subdivision 11.
182.4 (d) (e) A limited liability company also qualifies for exemption under this
182.5subdivision if (1) it consists of a sole member that would qualify for the exemption, and
182.6(2) the items purchased qualify for the exemption.
182.7 (e) (f) An entity that contains both a hospital and a nonprofit unit may claim this
182.8exemption on purchases made for both the hospital and nonprofit unit provided that:
182.9 (1) the nonprofit unit would have qualified for exemption under subdivision 4; and
182.10 (2) the items purchased would have qualified for the exemption.
182.11EFFECTIVE DATE.This section is effective retroactively for sales and purchases
182.12made after June 30, 2007. Purchasers may apply for a refund of tax paid for qualifying
182.13purchases under this subdivision made after June 30, 2007, and before July 1, 2013, in the
182.14manner provided in Minnesota Statutes, section 297A.75.
182.15 Sec. 37. Minnesota Statutes 2012, section 297A.70, is amended by adding a
182.16subdivision to read:
182.17 Subd. 9a. Established religious orders. Sales of lodging, prepared food, candy,
182.18soft drinks, and alcoholic beverages at noncatered events between an established religious
182.19order and an affiliated institution of higher education are exempt. For purposes of this
182.20subdivision, an institution of higher education is "affiliated" with an established religious
182.21order if members of the religious order are represented on the governing board of the
182.22institution of higher education and the two organizations share campus space and common
182.23facilities.
182.24EFFECTIVE DATE.This section is effective retroactively for sales and purchases
182.25made after June 30, 2012.
182.26 Sec. 38. Minnesota Statutes 2012, section 297A.70, subdivision 13, is amended to read:
182.27 Subd. 13.
Fund-raising sales by or for nonprofit groups. (a) The following
182.28sales by the specified organizations for fund-raising purposes are exempt, subject to the
182.29limitations listed in paragraph (b):
182.30(1) all sales made by a nonprofit organization that exists solely for the purpose of
182.31providing educational or social activities for young people primarily age 18 and under;
182.32(2) all sales made by an organization that is a senior citizen group or association of
182.33groups if (i) in general it limits membership to persons age 55 or older; (ii) it is organized
183.1and operated exclusively for pleasure, recreation, and other nonprofit purposes; and (iii)
183.2no part of its net earnings inures to the benefit of any private shareholders;
183.3(3) the sale or use of tickets or admissions to a golf tournament held in Minnesota if
183.4the beneficiary of the tournament's net proceeds qualifies as a tax-exempt organization
183.5under section 501(c)(3) of the Internal Revenue Code; and
183.6(4) sales of candy sold for fund-raising purposes by a nonprofit organization that
183.7provides educational and social activities primarily for young people age 18 and under.
183.8(b) The exemptions listed in paragraph (a) are limited in the following manner:
183.9(1) the exemption under paragraph (a), clauses (1) and (2), applies only if the gross
183.10annual receipts of the organization from fund-raising do not exceed $10,000; and
183.11(2) the exemption under paragraph (a), clause (1), does not apply if the sales are
183.12derived from admission charges or from activities for which the money must be deposited
183.13with the school district treasurer under section
123B.49, subdivision 2, or be recorded in
183.14the same manner as other revenues or expenditures of the school district under section
183.15123B.49, subdivision 4
.
183.16(c) Sales of tangible personal property
and services are exempt if the entire proceeds,
183.17less the necessary expenses for obtaining the property
or services, will be contributed to
183.18a registered combined charitable organization described in section
43A.50, to be used
183.19exclusively for charitable, religious, or educational purposes, and the registered combined
183.20charitable organization has given its written permission for the sale. Sales that occur over
183.21a period of more than 24 days per year are not exempt under this paragraph.
183.22(d) For purposes of this subdivision, a club, association, or other organization of
183.23elementary or secondary school students organized for the purpose of carrying on sports,
183.24educational, or other extracurricular activities is a separate organization from the school
183.25district or school for purposes of applying the $10,000 limit.
183.26EFFECTIVE DATE.This section is effective for sales and purchases made after
183.27June 30, 2013.
183.28 Sec. 39. Minnesota Statutes 2012, section 297A.70, subdivision 14, is amended to read:
183.29 Subd. 14.
Fund-raising events sponsored by nonprofit groups. (a) Sales of
183.30tangible personal property
or services at, and admission charges for fund-raising events
183.31sponsored by, a nonprofit organization are exempt if:
183.32(1) all gross receipts are recorded as such, in accordance with generally accepted
183.33accounting practices, on the books of the nonprofit organization; and
184.1(2) the entire proceeds, less the necessary expenses for the event, will be used solely
184.2and exclusively for charitable, religious, or educational purposes. Exempt sales include
184.3the sale of prepared food, candy, and soft drinks at the fund-raising event.
184.4(b) This exemption is limited in the following manner:
184.5(1) it does not apply to admission charges for events involving bingo or other
184.6gambling activities or to charges for use of amusement devices involving bingo or other
184.7gambling activities;
184.8(2) all gross receipts are taxable if the profits are not used solely and exclusively for
184.9charitable, religious, or educational purposes;
184.10(3) it does not apply unless the organization keeps a separate accounting record,
184.11including receipts and disbursements from each fund-raising event that documents all
184.12deductions from gross receipts with receipts and other records;
184.13(4) it does not apply to any sale made by or in the name of a nonprofit corporation as
184.14the active or passive agent of a person that is not a nonprofit corporation;
184.15(5) all gross receipts are taxable if fund-raising events exceed 24 days per year;
184.16(6) it does not apply to fund-raising events conducted on premises leased for more
184.17than five days but less than 30 days; and
184.18(7) it does not apply if the risk of the event is not borne by the nonprofit organization
184.19and the benefit to the nonprofit organization is less than the total amount of the state and
184.20local tax revenues forgone by this exemption.
184.21(c) For purposes of this subdivision, a "nonprofit organization" means any unit of
184.22government, corporation, society, association, foundation, or institution organized and
184.23operated for charitable, religious, educational, civic, fraternal, and senior citizens' or
184.24veterans' purposes, no part of the net earnings of which inures to the benefit of a private
184.25individual.
184.26EFFECTIVE DATE.This section is effective for sales and purchases made after
184.27June 30, 2013.
184.28 Sec. 40. Minnesota Statutes 2012, section 297A.70, is amended by adding a
184.29subdivision to read:
184.30 Subd. 18. Nursing homes and boarding care homes. (a) All sales, except those
184.31listed in paragraph (b), to a nursing home licensed under section 144A.02 or a boarding
184.32care home certified as a nursing facility under title 19 of the Social Security Act are
184.33exempt if the facility:
184.34(1) is exempt from federal income taxation pursuant to section 501(c)(3) of the
184.35Internal Revenue Code; and
185.1(2) is certified to participate in the medical assistance program under title 19 of the
185.2Social Security Act, or certifies to the commissioner that it does not discharge residents
185.3due to the inability to pay.
185.4(b) This exemption does not apply to the following sales:
185.5(1) building, construction, or reconstruction materials purchased by a contractor
185.6or a subcontractor as a part of a lump-sum contract or similar type of contract with a
185.7guaranteed maximum price covering both labor and materials for use in the construction,
185.8alteration, or repair of a building or facility;
185.9(2) construction materials purchased by tax-exempt entities or their contractors to
185.10be used in constructing buildings or facilities that will not be used principally by the
185.11tax-exempt entities;
185.12(3) lodging as defined under section
297A.61, subdivision 3, paragraph (g), clause
185.13(2), and prepared food, candy, soft drinks, and alcoholic beverages as defined in section
185.14297A.67, subdivision 2; and
185.15(4) leasing of a motor vehicle as defined in section
297B.01, subdivision 11, except
185.16as provided in paragraph (c).
185.17(c) This exemption applies to the leasing of a motor vehicle as defined in section
185.18297B.01, subdivision 11, only if the vehicle is:
185.19(1) a truck, as defined in section
168.002; a bus, as defined in section
168.002; or a
185.20passenger automobile, as defined in section
168.002, if the automobile is designed and
185.21used for carrying more than nine persons including the driver; and
185.22(2) intended to be used primarily to transport tangible personal property or residents
185.23of the nursing home or boarding care home.
185.24EFFECTIVE DATE.This section is effective for sales and purchases made after
185.25June 30, 2013.
185.26 Sec. 41. Minnesota Statutes 2012, section 297A.71, is amended by adding a
185.27subdivision to read:
185.28 Subd. 45. Biopharmaceutical manufacturing facility. (a) Materials and
185.29supplies used or consumed in, capital equipment incorporated into, and privately
185.30owned infrastructure in support of the construction, improvement, or expansion of a
185.31biopharmaceutical manufacturing facility in the state are exempt if the following criteria
185.32are met:
185.33(1) the facility is used for the manufacturing of biologics;
185.34(2) the total capital investment made at the facility exceeds $50,000,000; and
186.1(3) the facility creates and maintains at least 190 full-time equivalent positions at the
186.2facility. These positions must be new jobs in Minnesota and not the result of relocating
186.3jobs that currently exist in Minnesota.
186.4(b) The tax must be imposed and collected as if the rate under section 297A.62,
186.5subdivision 1, applied, and refunded in the manner provided in section 297A.75.
186.6(c) To be eligible for a refund, the owner of the biopharmaceutical manufacturing
186.7facility must:
186.8(1) initially apply to the Department of Employment and Economic Development
186.9for certification no later than one year from the final completion date of construction,
186.10improvement, or expansion of the facility; and
186.11(2) for each year that the owner of the biopharmaceutical manufacturing facility
186.12applies for a refund, the owner must have received written certification from the
186.13Department of Employment and Economic Development that the facility has met the
186.14criteria of paragraph (a).
186.15(d) The refund is to be paid annually at a rate of 25 percent of the total allowable
186.16refund payable to date, with the commissioner making annual payments of the remaining
186.17refund until all of the refund has been paid.
186.18(e) For purposes of this subdivision, "biopharmaceutical" and "biologics" are
186.19interchangeable and mean medical drugs or medicinal preparations produced using
186.20technology that uses biological systems, living organisms or derivatives of living
186.21organisms, to make or modify products or processes for specific use. The medical drugs or
186.22medicinal preparations include but are not limited to proteins, antibodies, nucleic acids,
186.23and vaccines.
186.24EFFECTIVE DATE.This section is effective retroactively to capital investments
186.25made and jobs created after December 31, 2012, and effective retroactively for sales and
186.26purchases made after December 31, 2012, and before July 1, 2019.
186.27 Sec. 42. Minnesota Statutes 2012, section 297A.71, is amended by adding a
186.28subdivision to read:
186.29 Subd. 46. Research and development facilities. Materials and supplies used
186.30or consumed in, and equipment incorporated into, the construction or improvement of
186.31a research and development facility that has laboratory space of at least 400,000 square
186.32feet and utilizes both high-intensity and low-intensity laboratories, provided that the
186.33project has a total construction cost of at least $140,000,000 within a 24-month period.
186.34The tax on purchases imposed under this subdivision must be imposed and collected as if
187.1the rate under section 297A.62, subdivision 1, applied and then refunded in the manner
187.2provided in section 297A.75.
187.3EFFECTIVE DATE.This section is effective for sales and purchases made after
187.4June 30, 2013, and before September 1, 2015.
187.5 Sec. 43. Minnesota Statutes 2012, section 297A.71, is amended by adding a
187.6subdivision to read:
187.7 Subd. 47. Industrial measurement manufacturing and controls facility. (a)
187.8Materials and supplies used or consumed in, capital equipment incorporated into,
187.9fixtures installed in, and privately owned infrastructure in support of the construction,
187.10improvement, or expansion of an industrial measurement manufacturing and controls
187.11facility are exempt if:
187.12(1) the total capital investment made at the facility is at least $60,000,000;
187.13(2) the facility employs at least 250 full-time equivalent employees that are not
187.14employees currently employed by the company in the state; and
187.15(3) the Department of Employment and Economic Development determines that
187.16the expansion, remodeling, or improvement of the facility has a significant impact on
187.17the state economy.
187.18(b) The tax must be imposed and collected as if the rate under section 297A.62,
187.19subdivisions 1 and 1a, applied and refunded in the manner provided in section 297A.75,
187.20only after the following criteria are met:
187.21(1) a refund may not be issued until the owner of the facility has received
187.22certification from the Department of Employment and Economic Development that the
187.23company meets the requirements in paragraph (a); and
187.24(2) to receive the refund, the owner of the industrial measurement manufacturing
187.25and controls facility must initially apply to the Department of Employment and Economic
187.26Development for certification no later than one year from the final completion date of
187.27construction, improvement, or expansion of the industrial measurement manufacturing
187.28and controls facility.
187.29EFFECTIVE DATE.This section is effective for sales and purchases made after
187.30June 30, 2013, and before December 31, 2015.
187.31 Sec. 44. Minnesota Statutes 2012, section 297A.71, is amended by adding a
187.32subdivision to read:
188.1 Subd. 48. Retail, hotel, amusement, and office construction project. Materials
188.2and supplies used or consumed in, and equipment incorporated into the construction or
188.3improvement of buildings and infrastructure for retail, hotel, amusement, and office use
188.4within a two square mile area with a capital investment of at least $250,000,000, are
188.5exempt. The tax on purchases exempt under this provision must be imposed and collected
188.6as if the rate under section 297A.62, subdivision 1, applied and then refunded in the
188.7manner provided in section 297A.75. This subdivision expires June 30, 2023.
188.8EFFECTIVE DATE.This section is effective for sales and purchases made after
188.9June 30, 2014, and before July 1, 2024.
188.10 Sec. 45. Minnesota Statutes 2012, section 297A.75, subdivision 1, is amended to read:
188.11 Subdivision 1.
Tax collected. The tax on the gross receipts from the sale of the
188.12following exempt items must be imposed and collected as if the sale were taxable and the
188.13rate under section
297A.62, subdivision 1, applied. The exempt items include:
188.14 (1) capital equipment exempt under section
297A.68, subdivision 5;
188.15 (2) (1) building materials for an agricultural processing facility exempt under section
188.16297A.71, subdivision 13
;
188.17 (3) (2) building materials for mineral production facilities exempt under section
188.18297A.71, subdivision 14
;
188.19 (4) (3) building materials for correctional facilities under section
297A.71,
188.20subdivision 3
;
188.21 (5) (4) building materials used in a residence for disabled veterans exempt under
188.22section
297A.71, subdivision 11;
188.23 (6) (5) elevators and building materials exempt under section
297A.71, subdivision
188.2412
;
188.25 (7) (6) building materials for the Long Lake Conservation Center exempt under
188.26section
297A.71, subdivision 17;
188.27 (8) (7) materials and supplies for qualified low-income housing under section
188.28297A.71, subdivision 23
;
188.29 (9) (8) materials, supplies, and equipment for municipal electric utility facilities
188.30under section
297A.71, subdivision 35;
188.31 (10) (9) equipment and materials used for the generation, transmission, and
188.32distribution of electrical energy and an aerial camera package exempt under section
188.33297A.68
, subdivision 37;
188.34 (11) (10) commuter rail vehicle and repair parts under section
297A.70, subdivision
188.353, paragraph (a), clause (10);
189.1 (12) (11) materials, supplies, and equipment for construction or improvement of
189.2projects and facilities under section
297A.71, subdivision 40;
189.3(13) (12) materials, supplies, and equipment for construction or improvement of a
189.4meat processing facility exempt under section
297A.71, subdivision 41;
189.5(14) (13) materials, supplies, and equipment for construction, improvement, or
189.6expansion of
:
189.7(i) an aerospace defense manufacturing facility exempt under section
297A.71,
189.8subdivision 42;
189.9(ii) a biopharmaceutical manufacturing facility exempt under section 297A.71,
189.10subdivision 45;
189.11(iii) a research and development facility exempt under section 297A.71, subdivision
189.124b;
189.13(iv) an industrial measurement manufacturing and controls facility exempt under
189.14section 297A.71, subdivision 47; and
189.15(v) buildings and infrastructure for retail, hotel, amusement, and office facilities
189.16exempt under section 297A.71, subdivision 48;
189.17(15) (14) enterprise information technology equipment and computer software for
189.18use in a qualified data center exempt under section
297A.68, subdivision 42;
and
189.19(16) (15) materials, supplies, and equipment for qualifying capital projects under
189.20section
297A.71, subdivision 44;
189.21(16) items purchased for use in providing critical access dental services exempt
189.22under section 297A.70, subdivision 7, paragraph (c);
189.23(17) items purchased in transactions covered under Medicare or Medicaid exempt
189.24under section 297A.67, subdivision 7, paragraphs (b) and (c), and accessories and supplies
189.25exempt under section 297A.67, subdivision 7a; and
189.26(18) items and services purchased under a business subsidy agreement for use or
189.27consumption primarily in greater Minnesota exempt under section 297A.68, subdivision 49.
189.28EFFECTIVE DATE.The change to clause (1) is effective for sales and purchases
189.29made after June 30, 2015. The changes in clauses (13), (16), and (17), are effective the
189.30day following final enactment.
189.31 Sec. 46. Minnesota Statutes 2012, section 297A.75, subdivision 2, is amended to read:
189.32 Subd. 2.
Refund; eligible persons. Upon application on forms prescribed by the
189.33commissioner, a refund equal to the tax paid on the gross receipts of the exempt items
189.34must be paid to the applicant. Only the following persons may apply for the refund:
190.1 (1) for subdivision 1, clauses (1)
to (3) (2), (16), and (17), the applicant must be
190.2the purchaser;
190.3 (2) for subdivision 1, clauses
(4) (3) and
(7) (6), the applicant must be the
190.4governmental subdivision;
190.5 (3) for subdivision 1, clause
(5) (4), the applicant must be the recipient of the
190.6benefits provided in United States Code, title 38, chapter 21;
190.7 (4) for subdivision 1, clause
(6) (5), the applicant must be the owner of the
190.8homestead property;
190.9 (5) for subdivision 1, clause
(8) (7), the owner of the qualified low-income housing
190.10project;
190.11 (6) for subdivision 1, clause
(9) (8), the applicant must be a municipal electric utility
190.12or a joint venture of municipal electric utilities;
190.13 (7) for subdivision 1, clauses
(10), (9), (12), (13), (14)
, and (15) and (18), the owner
190.14of the qualifying business; and
190.15 (8) for subdivision 1, clauses
(10), (11),
(12), and
(16) (15), the applicant must be
190.16the governmental entity that owns or contracts for the project or facility.
190.17EFFECTIVE DATE.This section is effective the day following final enactment.
190.18 Sec. 47. Minnesota Statutes 2012, section 297A.75, subdivision 3, is amended to read:
190.19 Subd. 3.
Application. (a) The application must include sufficient information
190.20to permit the commissioner to verify the tax paid. If the tax was paid by a contractor,
190.21subcontractor, or builder, under subdivision 1, clause
(3), (4), (5), (6), (7), (8), (9), (10),
190.22(11), (12), (13), (14), (15), or
(16) (18), the contractor, subcontractor, or builder must
190.23furnish to the refund applicant a statement including the cost of the exempt items and the
190.24taxes paid on the items unless otherwise specifically provided by this subdivision. The
190.25provisions of sections
289A.40 and
289A.50 apply to refunds under this section.
190.26 (b) An applicant may not file more than two applications per calendar year for
190.27refunds for taxes paid on capital equipment exempt under section
297A.68, subdivision 5.
190.28 (c) Total refunds for purchases of items in section
297A.71, subdivision 40, must not
190.29exceed $5,000,000 in fiscal years 2010 and 2011. Applications for refunds for purchases
190.30of items in sections
297A.70, subdivision 3, paragraph (a), clause (11), and
297A.71,
190.31subdivision 40, must not be filed until after June 30, 2009.
190.32EFFECTIVE DATE.This section is effective for sales and purchases made after
190.33June 30, 2015.
191.1 Sec. 48. Minnesota Statutes 2012, section 297A.815, subdivision 3, is amended to read:
191.2 Subd. 3.
Motor vehicle lease sales tax revenue. (a) For purposes of this
191.3subdivision, "net revenue" means an amount equal to:
191.4 (1) the revenues, including interest and penalties
, that would have been collected
191.5under this section
, during the fiscal year
if the rate had been 6.875 percent; less
191.6 (2) in fiscal year 2011, $30,100,000; in fiscal year 2012, $31,100,000; and in fiscal
191.7year 2013 and following fiscal years, $32,000,000.
191.8 (b) On or before June 30 of each fiscal year, the commissioner of revenue shall
191.9estimate the amount of the revenues and subtraction under paragraph (a) for the current
191.10fiscal year.
191.11 (c) On or after July 1 of the subsequent fiscal year, the commissioner of management
191.12and budget shall transfer the net revenue as estimated in paragraph (b) from the general
191.13fund, as follows:
191.14 (1) 50 percent to the greater Minnesota transit account; and
191.15 (2) 50 percent to the county state-aid highway fund. Notwithstanding any other law
191.16to the contrary, the commissioner of transportation shall allocate the funds transferred
191.17under this clause to the counties in the metropolitan area, as defined in section
473.121,
191.18subdivision 4, excluding the counties of Hennepin and Ramsey, so that each county shall
191.19receive of such amount the percentage that its population, as defined in section
477A.011,
191.20subdivision 3, estimated or established by July 15 of the year prior to the current calendar
191.21year, bears to the total population of the counties receiving funds under this clause.
191.22 (d) For fiscal years 2010 and 2011, the amount under paragraph (a), clause (1), must
191.23be calculated using the following percentages of the total revenues:
191.24 (1) for fiscal year 2010, 83.75 percent; and
191.25 (2) for fiscal year 2011, 93.75 percent.
191.26EFFECTIVE DATE.This section is effective for sales and purchases made after
191.27June 30, 2013.
191.28 Sec. 49. Minnesota Statutes 2012, section 297A.99, subdivision 1, is amended to read:
191.29 Subdivision 1.
Authorization; scope. (a) A political subdivision of this state may
191.30impose a general sales tax (1) under section
297A.992, (2) under section
297A.993, (3) if
191.31permitted by special law, or (4) if the political subdivision enacted and imposed the tax
191.32before January 1, 1982, and its predecessor provision.
191.33 (b) This section governs the imposition of a general sales tax by the political
191.34subdivision. The provisions of this section preempt the provisions of any special law:
191.35 (1) enacted before June 2, 1997, or
192.1 (2) enacted on or after June 2, 1997, that does not explicitly exempt the special law
192.2provision from this section's rules by reference.
192.3 (c) This section does not apply to or preempt a sales tax on motor vehicles or a
192.4special excise tax on motor vehicles.
192.5(d) A political subdivision may not advertise or expend funds for the promotion of a
192.6referendum to support imposing a local option sales tax.
192.7(e) Notwithstanding paragraph (d), a political subdivision may
only expend funds to
:
192.8(1) conduct the referendum
.;
192.9(2) disseminate information included in the resolution adopted under subdivision 2;
192.10(3) provide notice of, and conduct public forums at which proponents and opponents
192.11on the merits of the referendum are given equal time to express their opinions on the
192.12merits of the referendum;
192.13(4) provide facts and data on the impact of the proposed sales tax on consumer
192.14purchases; and
192.15(5) provide facts and data related to the programs and projects to be funded with
192.16the sales tax.
192.17EFFECTIVE DATE.This section is effective the day following final enactment.
192.18 Sec. 50. Minnesota Statutes 2012, section 469.190, is amended by adding a subdivision
192.19to read:
192.20 Subd. 1a. Tax base; locally collected taxes. A tax imposed on the gross receipts
192.21from lodging under this section or under a special law applies to the same base as taxes
192.22collected by the commissioner of revenue under subdivision 7 and section 270C.171.
192.23EFFECTIVE DATE.This section is effective the day following final enactment.
192.24In enacting this section, the legislature confirms its original intent in enacting Minnesota
192.25Statutes, section 469.190, its predecessor provisions, and any special laws authorizing
192.26political subdivisions to impose lodging taxes, and that those taxes were and are intended
192.27to apply to the entire consideration paid to obtain access to transient lodging, including
192.28ancillary or related services, such as services provided by accommodation intermediaries
192.29as defined in Minnesota Statutes, section 297A.61, and similar services. The provisions of
192.30this section must not be interpreted to imply a narrower construction of the tax base under
192.31lodging tax provisions of Minnesota law prior to the enactment of this section.
192.32 Sec. 51. Laws 1993, chapter 375, article 9, section 46, subdivision 2, as amended by
192.33Laws 1997, chapter 231, article 7, section 40, Laws 1998, chapter 389, article 8, section
193.130, Laws 2003, First Special Session chapter 21, article 8, section 13, Laws 2005, First
193.2Special Session chapter 3, article 5, section 26, and Laws 2009, chapter 88, article 4,
193.3section 15, is amended to read:
193.4 Subd. 2.
Use of revenues. Revenues received from the tax authorized by subdivision
193.51 may only be used by the city to pay the cost of collecting the tax, and
, except as provided in
193.6paragraph (e), to pay for the following projects or to secure or pay any principal, premium,
193.7or interest on bonds issued in accordance with subdivision 3 for the following projects.
193.8 (a) To pay all or a portion of the capital expenses of construction, equipment and
193.9acquisition costs for the expansion and remodeling of the St. Paul Civic Center complex,
193.10including the demolition of the existing arena and the construction and equipping of a
193.11new arena.
193.12 (b) Except as provided in paragraphs (e) and (f), the remainder of the funds must be
193.13spent for:
193.14 (1) capital projects to further residential, cultural, commercial, and economic
193.15development in both downtown St. Paul and St. Paul neighborhoods; and
193.16 (2) capital and operating expenses of cultural organizations in the city, provided
193.17that the amount spent under this clause must equal ten percent of the total amount spent
193.18under this paragraph in any year.
193.19 (c) The amount apportioned under paragraph (b) shall be no less than 60 percent
193.20of the revenues derived from the tax each year, except to the extent that a portion of that
193.21amount is required to pay debt service on (1) bonds issued for the purposes of paragraph (a)
193.22prior to March 1, 1998; or (2) bonds issued for the purposes of paragraph (a) after March 1,
193.231998, but only if the city council determines that 40 percent of the revenues derived from
193.24the tax together with other revenues pledged to the payment of the bonds, including the
193.25proceeds of definitive bonds, is expected to exceed the annual debt service on the bonds.
193.26 (d) If in any year more than 40 percent of the revenue derived from the tax authorized
193.27by subdivision 1 is used to pay debt service on the bonds issued for the purposes of
193.28paragraph (a) and to fund a reserve for the bonds, the amount of the debt service payment
193.29that exceeds 40 percent of the revenue must be determined for that year. In any year when
193.3040 percent of the revenue produced by the sales tax exceeds the amount required to pay
193.31debt service on the bonds and to fund a reserve for the bonds under paragraph (a), the
193.32amount of the excess must be made available for capital projects to further residential,
193.33cultural, commercial, and economic development in the neighborhoods and downtown
193.34until the cumulative amounts determined for all years under the preceding sentence have
193.35been made available under this sentence. The amount made available as reimbursement in
193.36the preceding sentence is not included in the 60 percent determined under paragraph (c).
194.1 (e)
In each of calendar years 2006 to 2014, revenue not to exceed $3,500,000 may be
194.2used to pay the principal of bonds issued for capital projects of the city. After December
194.331, 2014, revenue from the tax imposed under subdivision 1 may not be used for this
194.4purpose. If the amount necessary to meet obligations under paragraphs (a) and (d) are less
194.5than 40 percent of the revenue from the tax in any year, the city may place the difference
194.6between 40 percent of the revenue and the amounts allocated under paragraphs (a) and (d)
194.7in an economic development fund to be used for any economic development purposes.
194.8 (f) By January 15 of each year, the mayor and the city council must report to the
194.9legislature on the use of sales tax revenues during the preceding one-year period.
194.10EFFECTIVE DATE.This section is effective the day after compliance by the
194.11governing body of the city of St. Paul with Minnesota Statutes, section 645.021,
194.12subdivisions 2 and 3.
194.13 Sec. 52. Laws 1993, chapter 375, article 9, section 46, subdivision 5, as amended by
194.14Laws 1998, chapter 389, article 8, section 32, is amended to read:
194.15 Subd. 5.
Expiration of taxing authority. The authority granted by subdivision 1 to
194.16the city to impose a sales tax shall expire on December 31,
2030 2040, or at an earlier
194.17time as the city shall, by ordinance, determine. Any funds remaining after completion of
194.18projects approved under subdivision 2, paragraph (a) and retirement or redemption of any
194.19bonds or other obligations may be placed in the general fund of the city.
194.20EFFECTIVE DATE.This section is effective the day after compliance by the
194.21governing body of the city of St. Paul with Minnesota Statutes, section 645.021,
194.22subdivisions 2 and 3.
194.23 Sec. 53. Laws 2005, First Special Session chapter 3, article 5, section 37, subdivision
194.242, is amended to read:
194.25 Subd. 2.
Use of revenues. (a) Revenues received from the tax authorized by
194.26subdivision 1 by the city of St. Cloud must be used for the cost of collecting and
194.27administering the tax and to pay all or part of the capital or administrative costs of the
194.28development, acquisition, construction, improvement, and securing and paying debt
194.29service on bonds or other obligations issued to finance the following regional projects as
194.30approved by the voters and specifically detailed in the referendum authorizing the tax
or
194.31extending the tax:
194.32 (1) St. Cloud Regional Airport;
194.33 (2) regional transportation improvements;
195.1 (3)
regional community and aquatics centers;
195.2 (4) regional public libraries; and
195.3 (5) acquisition and improvement of regional park land and open space.
195.4 (b) Revenues received from the tax authorized by subdivision 1 by the cities of St.
195.5Joseph, Waite Park, Sartell, Sauk Rapids, and St. Augusta must be used for the cost of
195.6collecting and administering the tax and to pay all or part of the capital or administrative
195.7costs of the development, acquisition, construction, improvement, and securing and paying
195.8debt service on bonds or other obligations issued to fund the projects specifically approved
195.9by the voters at the referendum authorizing the tax
or extending the tax. The portion of
195.10revenues from the city going to fund the regional airport or regional library located in the
195.11city of St. Cloud will be as required under the applicable joint powers agreement.
195.12 (c) The use of revenues received from the taxes authorized in subdivision 1 for
195.13projects allowed under paragraphs (a) and (b) are limited to the amount authorized for
195.14each project under the enabling referendum.
195.15EFFECTIVE DATE.This section is effective for the city that approves them the
195.16day after compliance by the governing body of each city with Minnesota Statutes, section
195.17645.021, subdivision 3.
195.18 Sec. 54. Laws 2005, First Special Session chapter 3, article 5, section 37, subdivision
195.194, is amended to read:
195.20 Subd. 4.
Termination of tax. The tax imposed in the cities of St. Joseph, St. Cloud,
195.21St. Augusta, Sartell, Sauk Rapids, and Waite Park under subdivision 1 expires when the
195.22city council determines that sufficient funds have been collected from the tax to retire or
195.23redeem the bonds and obligations authorized under subdivision 2, paragraph (a), but no
195.24later than December 31, 2018.
Notwithstanding Minnesota Statutes, section 297A.99,
195.25subdivision 3, paragraphs (a), (c), and (d), a city may extend the tax imposed under
195.26subdivision 1 through December 31, 2038, if approved under the referendum authorizing
195.27the tax under subdivision 1 or if approved by voters of the city at a general election held
195.28no later than November 6, 2017.
195.29EFFECTIVE DATE.This section is effective for the city that approves them the
195.30day after compliance by the governing body of each city with Minnesota Statutes, section
195.31645.021, subdivision 3.
195.32 Sec. 55. Laws 2008, chapter 366, article 7, section 19, subdivision 3, as amended by
195.33Laws 2011, First Special Session chapter 7, article 4, section 8, is amended to read:
196.1 Subd. 3.
Use of revenues. Notwithstanding Minnesota Statutes, section
297A.99,
196.2subdivision 3
, paragraph (b), the proceeds of the tax imposed under this section shall be
196.3used to pay for the costs of
improvements to the Sportsman Park/Ballfields, Riverside
196.4Park, Lions Park/Pavilion, Cedar South Park also known as Eldorado Park, and Spring
196.5Street Park; improvements to and extension of the River County Bike Trail; acquisition
,
196.6 and construction
, improvement, and development of regional parks, bicycle trails, park
196.7land, open space, and of a pedestrian
walkways, as described in the city improvement
196.8plan adopted by the city council by resolution on December 12, 2006, and walkway
196.9over Interstate 94 and State Highway 24; and the acquisition of land and
construction of
196.10buildings for a community and recreation center. The total amount of revenues from the
196.11taxes in subdivisions 1 and 2 that may be used to fund these projects is $12,000,000
196.12plus any associated bond costs.
196.13EFFECTIVE DATE.This section is effective the day after compliance by the
196.14governing body of the city of Clearwater with Minnesota Statutes, section 645.021,
196.15subdivisions 2 and 3.
196.16 Sec. 56.
DULUTH LOCAL SALES TAX; RATE REDUCTION.
196.17Notwithstanding Minnesota Statutes, section 297A.99 or 645.021, or any ordinance,
196.18city charter, or other provision of law, the city of Duluth shall reduce its rate of tax
196.19authorized under Laws 1973, chapter 461, section 1, as amended by Laws 1977, chapter
196.20438, to 0.87 percent.
196.21EFFECTIVE DATE.This section is effective for sales and purchases made after
196.22June 30, 2013.
196.23 Sec. 57.
REVISOR'S INSTRUCTION.
196.24In Minnesota Rules, part 8130.9700, the revisor of statutes shall remove the last
196.25sentence in subpart 3, item B, that reads "Use of equipment on a time-sharing basis,
196.26where access to the equipment is only by means of remote access facilities, is not taxable
196.27leasing of such equipment."
196.28EFFECTIVE DATE.This section is effective for sales and purchases made after
196.29June 30, 2013.
196.30 Sec. 58.
REPEALER.
196.31(a) Minnesota Statutes 2012, sections 297A.61, subdivision 27; 297A.66, subdivision
196.324; 297A.67, subdivision 8; and 297A.68, subdivisions 9, 22, and 35, are repealed.
197.1(b) Minnesota Rules, part 8130.0500, subpart 2, is repealed.
197.2EFFECTIVE DATE.This section is effective for sales and purchases made after
197.3June 30, 2013.
197.6 Section 1. Minnesota Statutes 2012, section 469.174, subdivision 2, is amended to read:
197.7 Subd. 2.
Authority. "Authority" means a rural development financing authority
197.8created pursuant to sections
469.142 to
469.151; a housing and redevelopment authority
197.9created pursuant to sections
469.001 to
469.047; a port authority created pursuant to
197.10sections
469.048 to
469.068; an economic development authority created pursuant to
197.11sections
469.090 to
469.108; a redevelopment agency as defined in sections
469.152 to
197.12469.165
; a municipality that is administering a development district created pursuant to
197.13sections
469.124 to
469.134 or any special law; a municipality that undertakes a project
197.14pursuant to sections
469.152 to
469.165, except a town located outside the metropolitan
197.15area or with a population of 5,000 persons or less;
a municipality that undertakes a project
197.16located in an area designated under subdivision 30; or a municipality that exercises the
197.17powers of a port authority pursuant to any general or special law.
197.18EFFECTIVE DATE.This section is effective the day following final enactment.
197.19 Sec. 2. Minnesota Statutes 2012, section 469.174, is amended by adding a subdivision
197.20to read:
197.21 Subd. 19a. Soil deficiency district. "Soil deficiency district" means a type of tax
197.22increment financing district consisting of a project, or portions of a project, within which
197.23the authority finds by resolution that the following conditions exist:
197.24(1) parcels consisting of 70 percent of the area of the district contain unusual terrain
197.25or soil deficiencies which require substantial filling, grading, or other physical preparation
197.26for use and a parcel is eligible for inclusion if at least 50 percent of the area of the parcel
197.27requires substantial filling, grading, or other physical preparation for use; and
197.28(2) the estimated cost of the physical preparation under clause (1), but excluding
197.29costs directly related to roads as defined in section 160.01, and local improvements as
197.30described in sections 429.021, subdivision 1, clauses (1) to (7), (11), and (12), and 430.01,
197.31exceeds the fair market value of the land before completion of the preparation.
198.1EFFECTIVE DATE.This section is effective for districts for which the request for
198.2certification is made after April 30, 2013.
198.3 Sec. 3. Minnesota Statutes 2012, section 469.174, is amended by adding a subdivision
198.4to read:
198.5 Subd. 30. Mining reclamation project area. (a) An authority may designate an
198.6area within its jurisdiction as a mining reclamation project area by finding by resolution,
198.7that parcels consisting of at least 70 percent of the acreage, excluding street and railroad
198.8rights-of-way, are characterized by one or more of the following conditions:
198.9(1) peat or other soils with geotechnical deficiencies that impair development of
198.10buildings or infrastructure;
198.11(2) soils or terrain that requires substantial filling in order to permit the development
198.12of buildings or infrastructure;
198.13(3) landfills, dumps, or similar deposits of municipal or private waste;
198.14(4) quarries or similar resource extraction sites;
198.15(5) floodway; and
198.16(6) substandard buildings, within the meaning of section 469.174, subdivision 10.
198.17(b) For the purposes of paragraph (a), clauses (1) to (5), a parcel is characterized by
198.18the relevant condition if at least 50 percent of the area of the parcel contains the relevant
198.19condition. For the purposes of paragraph (a), clause (6), a parcel is characterized by
198.20substandard buildings if substandard buildings occupy at least 30 percent of the area
198.21of the parcel.
198.22EFFECTIVE DATE.This section is effective for districts for which the request for
198.23certification is made after April 30, 2013.
198.24 Sec. 4. Minnesota Statutes 2012, section 469.175, subdivision 3, is amended to read:
198.25 Subd. 3.
Municipality approval. (a) A county auditor shall not certify the original
198.26net tax capacity of a tax increment financing district until the tax increment financing plan
198.27proposed for that district has been approved by the municipality in which the district
198.28is located. If an authority that proposes to establish a tax increment financing district
198.29and the municipality are not the same, the authority shall apply to the municipality in
198.30which the district is proposed to be located and shall obtain the approval of its tax
198.31increment financing plan by the municipality before the authority may use tax increment
198.32financing. The municipality shall approve the tax increment financing plan only after a
198.33public hearing thereon after published notice in a newspaper of general circulation in the
198.34municipality at least once not less than ten days nor more than 30 days prior to the date
199.1of the hearing. The published notice must include a map of the area of the district from
199.2which increments may be collected and, if the project area includes additional area, a map
199.3of the project area in which the increments may be expended. The hearing may be held
199.4before or after the approval or creation of the project or it may be held in conjunction with
199.5a hearing to approve the project.
199.6 (b) Before or at the time of approval of the tax increment financing plan, the
199.7municipality shall make the following findings, and shall set forth in writing the reasons
199.8and supporting facts for each determination:
199.9 (1) that the proposed tax increment financing district is a redevelopment district, a
199.10renewal or renovation district, a housing district, a soils condition district,
soil deficiency
199.11district, or an economic development district; if the proposed district is a redevelopment
199.12district or a renewal or renovation district, the reasons and supporting facts for the
199.13determination that the district meets the criteria of section
469.174, subdivision 10,
199.14paragraph (a), clauses (1) and (2), or subdivision 10a, must be documented in writing
199.15and retained and made available to the public by the authority until the district has been
199.16terminated;
199.17 (2) that, in the opinion of the municipality:
199.18 (i) the proposed development or redevelopment would not reasonably be expected to
199.19occur solely through private investment within the reasonably foreseeable future; and
199.20 (ii) the increased market value of the site that could reasonably be expected to occur
199.21without the use of tax increment financing would be less than the increase in the market
199.22value estimated to result from the proposed development after subtracting the present
199.23value of the projected tax increments for the maximum duration of the district permitted
199.24by the plan. The requirements of this item do not apply if the district is a housing district;
199.25 (3) that the tax increment financing plan conforms to the general plan for the
199.26development or redevelopment of the municipality as a whole;
199.27 (4) that the tax increment financing plan will afford maximum opportunity,
199.28consistent with the sound needs of the municipality as a whole, for the development or
199.29redevelopment of the project by private enterprise;
199.30 (5) that the municipality elects the method of tax increment computation set forth in
199.31section
469.177, subdivision 3, paragraph (b), if applicable
; and
199.32(6) that for a redevelopment district, renewal and renovation district, soils condition
199.33district, or soil deficiency district established by the authority in a mining reclamation
199.34project area, the reasons and supporting facts for the determination that the mining
199.35reclamation project area meets the requirements under section 469.174, subdivision 30,
199.36must be documented in writing and retained and made available to the public by the
200.1authority until two years after the district is decertified. These findings must have been
200.2made and documented no more than ten years before approval of the tax increment
200.3financing plan for the district.
200.4 (c) When the municipality and the authority are not the same, the municipality shall
200.5approve or disapprove the tax increment financing plan within 60 days of submission by the
200.6authority. When the municipality and the authority are not the same, the municipality may
200.7not amend or modify a tax increment financing plan except as proposed by the authority
200.8pursuant to subdivision 4. Once approved, the determination of the authority to undertake
200.9the project through the use of tax increment financing and the resolution of the governing
200.10body shall be conclusive of the findings therein and of the public need for the financing.
200.11 (d) For a district that is subject to the requirements of paragraph (b), clause (2),
200.12item (ii), the municipality's statement of reasons and supporting facts must include all of
200.13the following:
200.14 (1) an estimate of the amount by which the market value of the site will increase
200.15without the use of tax increment financing;
200.16 (2) an estimate of the increase in the market value that will result from the
200.17development or redevelopment to be assisted with tax increment financing; and
200.18 (3) the present value of the projected tax increments for the maximum duration of
200.19the district permitted by the tax increment financing plan.
200.20 (e) For purposes of this subdivision, "site" means the parcels on which the
200.21development or redevelopment to be assisted with tax increment financing will be located.
200.22EFFECTIVE DATE.This section is effective for districts for which the request for
200.23certification is made after April 30, 2013.
200.24 Sec. 5. Minnesota Statutes 2012, section 469.176, subdivision 1b, is amended to read:
200.25 Subd. 1b.
Duration limits; terms. (a) No tax increment shall in any event be
200.26paid to the authority:
200.27(1) after 15 years after receipt by the authority of the first increment for a renewal
200.28and renovation district;
200.29(2) after 20 years after receipt by the authority of the first increment for a soils
200.30condition district
or a soil deficiency district;
200.31(3) after eight years after receipt by the authority of the first increment for an
200.32economic development district;
200.33(4) for a housing district, a compact development district, or a redevelopment
200.34district, after 25 years from the date of receipt by the authority of the first increment.
201.1(b) For purposes of determining a duration limit under this subdivision or subdivision
201.21e that is based on the receipt of an increment, any increments from taxes payable in the year
201.3in which the district terminates shall be paid to the authority. This paragraph does not affect
201.4a duration limit calculated from the date of approval of the tax increment financing plan or
201.5based on the recovery of costs or to a duration limit under subdivision 1c. This paragraph
201.6does not supersede the restrictions on payment of delinquent taxes in subdivision 1f.
201.7(c) An action by the authority to waive or decline to accept an increment has no
201.8effect for purposes of computing a duration limit based on the receipt of increment under
201.9this subdivision or any other provision of law. The authority is deemed to have received an
201.10increment for any year in which it waived or declined to accept an increment, regardless
201.11of whether the increment was paid to the authority.
201.12(d) Receipt by a hazardous substance subdistrict of an increment as a result of a
201.13reduction in original net tax capacity under section
469.174, subdivision 7, paragraph
201.14(b), does not constitute receipt of increment by the overlying district for the purpose of
201.15calculating the duration limit under this section.
201.16EFFECTIVE DATE.This section is effective for districts for which the request for
201.17certification is made after April 30, 2013.
201.18 Sec. 6. Minnesota Statutes 2012, section 469.176, subdivision 4b, is amended to read:
201.19 Subd. 4b.
Soils condition districts. Revenue derived from Tax increment from a
201.20soils condition district may be used only to (1) acquire parcels on which the improvements
201.21described in clause (2) will occur; (2) pay for the cost of removal or remedial action; and
201.22(3) pay for the administrative expenses of the authority allocable to the district, including
201.23the cost of preparation of the development action response plan.
For a soils condition
201.24district located in a mining reclamation project area, tax increments may also be expended
201.25on the additional cost of public improvements directly caused by the removal or remedial
201.26action and located within the mining reclamation project area.
201.27EFFECTIVE DATE.This section is effective for districts for which the request for
201.28certification is made after April 30, 2013.
201.29 Sec. 7. Minnesota Statutes 2012, section 469.176, subdivision 4c, is amended to read:
201.30 Subd. 4c.
Economic development districts. (a) Revenue derived from tax increment
201.31from an economic development district may not be used to provide improvements, loans,
201.32subsidies, grants, interest rate subsidies, or assistance in any form to developments
202.1consisting of buildings and ancillary facilities, if more than 15 percent of the buildings and
202.2facilities (determined on the basis of square footage) are used for a purpose other than:
202.3(1) the manufacturing or production of tangible personal property, including
202.4processing resulting in the change in condition of the property;
202.5(2) warehousing, storage, and distribution of tangible personal property, excluding
202.6retail sales;
202.7(3) research and development related to the activities listed in clause (1) or (2);
202.8(4) telemarketing if that activity is the exclusive use of the property;
202.9(5) tourism facilities;
or
202.10(6)
qualified border retail facilities; or
202.11(7) space necessary for and related to the activities listed in clauses (1) to
(6) (5).
202.12(b) Notwithstanding the provisions of this subdivision, revenues derived from tax
202.13increment from an economic development district may be used to provide improvements,
202.14loans, subsidies, grants, interest rate subsidies, or assistance in any form for up to 15,000
202.15square feet of any separately owned commercial facility located within the municipal
202.16jurisdiction of a small city, if the revenues derived from increments are spent only to
202.17assist the facility directly or for administrative expenses, the assistance is necessary to
202.18develop the facility, and all of the increments, except those for administrative expenses,
202.19are spent only for activities within the district.
202.20(c) A city is a small city for purposes of this subdivision if the city was a small city
202.21in the year in which the request for certification was made and applies for the rest of
202.22the duration of the district, regardless of whether the city qualifies or ceases to qualify
202.23as a small city.
202.24(d) Notwithstanding the requirements of paragraph (a) and the finding requirements
202.25of section
469.174, subdivision 12, tax increments from an economic development district
202.26may be used to provide improvements, loans, subsidies, grants, interest rate subsidies, or
202.27assistance in any form to developments consisting of buildings and ancillary facilities, if
202.28all the following conditions are met:
202.29(1) the municipality finds that the project will create or retain jobs in this state,
202.30including construction jobs, and that construction of the project would not have
202.31commenced before
July 1, 2012 June 30, 2014, without the authority providing assistance
202.32under the provisions of this paragraph;
202.33(2) construction of the project begins no later than
July 1, 2012 June 30, 2014;
202.34(3) the request for certification of the district is made no later than
June 30, 2012
202.35 December 31, 2014; and
203.1(4) for development of housing under this paragraph, the construction must begin
203.2before January 1, 2012.
203.3The provisions of this paragraph may not be used to assist housing that is developed
203.4to qualify under section
469.1761, subdivision 2 or 3, or similar requirements of other law,
203.5if construction of the project begins later than July 1, 2011.
203.6EFFECTIVE DATE.This section is effective the day following final enactment.
203.7 Sec. 8. Minnesota Statutes 2012, section 469.176, subdivision 4m, is amended to read:
203.8 Subd. 4m.
Temporary authority to stimulate construction. (a) Notwithstanding
203.9the restrictions in any other subdivision of this section or any other law to the contrary,
203.10except the requirement to pay bonds to which the increments are pledged and the
203.11provisions of subdivisions 4g and 4h, the authority may spend tax increments for one or
203.12more of the following purposes:
203.13(1) to provide improvements, loans, interest rate subsidies, or assistance in any
203.14form to private development consisting of the construction or substantial rehabilitation
203.15of buildings and ancillary facilities, if doing so will create or retain jobs in this state,
203.16including construction jobs, and that the construction commences before
July 1, 2012June
203.1730, 2014, and would not have commenced before that date without the assistance; or
203.18(2) to make an equity or similar investment in a corporation, partnership, or limited
203.19liability company that the authority determines is necessary to make construction of a
203.20development that meets the requirements of clause (1) financially feasible.
203.21(b) The authority may undertake actions under the authority of this subdivision only
203.22after approval by the municipality of a written spending plan
that specifically authorizes
203.23the authority to take the actions. The spending plan must contain a detailed description
203.24of each action to be undertaken. The municipality shall approve the spending plan only
203.25after a public hearing after published notice in a newspaper of general circulation in
203.26the municipality at least once, not less than ten days nor more than 30 days prior to the
203.27date of the hearing.
203.28(c) The authority to spend tax increments under this subdivision expires
December
203.2931, 2012 December 31, 2014.
203.30(d) For a development consisting of housing, the authority to spend tax increments
203.31under this subdivision expires December 31, 2011, and construction must commence
203.32before July 1, 2011, except the authority to spend tax increments on market rate housing
203.33developments under this subdivision expires July 31, 2012, and construction must
203.34commence before January 1, 2012.
204.1EFFECTIVE DATE.This section is effective the day following final enactment
204.2and applies to all tax increment financing districts, regardless of when the request for
204.3certification was made. The amendments to paragraph (b) apply to projects approved
204.4after the day following final enactment.
204.5 Sec. 9. Minnesota Statutes 2012, section 469.176, is amended by adding a subdivision
204.6to read:
204.7 Subd. 4n. Soil deficiency district. Tax increments from a soil deficiency district
204.8may only be used to pay for the following costs for activities located within the mining
204.9reclamation project area:
204.10(1) acquisition of parcels on which the improvements described in clause (2) will
204.11occur;
204.12(2) the cost of correcting the unusual terrain or soil deficiencies and the additional
204.13cost of installing public improvements directly caused by the deficiencies;
204.14(3) administrative expenses of the authority allocable to the district; and
204.15(4) costs described in subdivision 4j for the district, if these payments do not exceed
204.1625 percent of the tax increment from the district.
204.17EFFECTIVE DATE.This section is effective for districts for which the request for
204.18certification is made after April 30, 2013.
204.19 Sec. 10. Minnesota Statutes 2012, section 469.176, subdivision 6, is amended to read:
204.20 Subd. 6.
Action required. (a) If, after four years from the date of certification of
204.21the original net tax capacity of the tax increment financing district pursuant to section
204.22469.177
, no demolition, rehabilitation, or renovation of property or other site preparation,
204.23including qualified improvement of a street adjacent to a parcel but not installation
204.24of utility service including sewer or water systems, has been commenced on a parcel
204.25located within a tax increment financing district by the authority or by the owner of the
204.26parcel in accordance with the tax increment financing plan, no additional tax increment
204.27may be taken from that parcel, and the original net tax capacity of that parcel shall be
204.28excluded from the original net tax capacity of the tax increment financing district. If the
204.29authority or the owner of the parcel subsequently commences demolition, rehabilitation,
204.30or renovation or other site preparation on that parcel including qualified improvement of
204.31a street adjacent to that parcel, in accordance with the tax increment financing plan, the
204.32authority shall certify to the county auditor that the activity has commenced, and the
204.33county auditor shall certify the net tax capacity thereof as most recently certified by the
204.34commissioner of revenue and add it to the original net tax capacity of the tax increment
205.1financing district. The county auditor must enforce the provisions of this subdivision. The
205.2authority must submit to the county auditor evidence that the required activity has taken
205.3place for each parcel in the district. The evidence for a parcel must be submitted by
205.4February 1 of the fifth year following the year in which the parcel was certified as included
205.5in the district. For purposes of this subdivision, qualified improvements of a street are
205.6limited to (1) construction or opening of a new street, (2) relocation of a street, and (3)
205.7substantial reconstruction or rebuilding of an existing street.
205.8(b) For districts which were certified on or after January 1, 2005, and before April
205.920, 2009, the four-year period under paragraph (a) is
increased to six years deemed to end
205.10on December 31, 2016.
205.11EFFECTIVE DATE.This section is effective the day following final enactment
205.12and applies to districts certified on or after January 1, 2005, and before April 20, 2009.
205.13 Sec. 11. Minnesota Statutes 2012, section 469.1763, subdivision 3, is amended to read:
205.14 Subd. 3.
Five-year Ten-year rule. (a) Revenues derived from tax increments are
205.15considered to have been expended on an activity within the district under subdivision 2
205.16only if one of the following occurs:
205.17(1) before or within
five ten years after certification of the district, the revenues are
205.18actually paid to a third party with respect to the activity;
205.19(2) bonds, the proceeds of which must be used to finance the activity, are issued and
205.20sold to a third party before or within
five ten years after certification, the revenues are
205.21spent to repay the bonds, and the proceeds of the bonds either are, on the date of issuance,
205.22reasonably expected to be spent before the end of the later of (i) the
five-year ten-year
205.23 period, or (ii) a reasonable temporary period within the meaning of the use of that term
205.24under section 148(c)(1) of the Internal Revenue Code, or are deposited in a reasonably
205.25required reserve or replacement fund;
205.26(3) binding contracts with a third party are entered into for performance of the
205.27activity before or within
five ten years after certification of the district and the revenues
205.28are spent under the contractual obligation;
205.29(4) costs with respect to the activity are paid before or within
five ten years after
205.30certification of the district and the revenues are spent to reimburse a party for payment
205.31of the costs, including interest on unreimbursed costs; or
205.32(5) expenditures are made for housing purposes as permitted by subdivision 2,
205.33paragraphs (b) and (d), or for public infrastructure purposes within a zone as permitted
205.34by subdivision 2, paragraph (e).
206.1(b) For purposes of this subdivision, bonds include subsequent refunding bonds if
206.2the original refunded bonds meet the requirements of paragraph (a), clause (2).
206.3(c) For a redevelopment district or a renewal and renovation district certified after
206.4June 30, 2003, and before April 20, 2009, the five-year periods described in paragraph
206.5(a) are extended to ten years after certification of the district. This extension is provided
206.6primarily to accommodate delays in development activities due to unanticipated economic
206.7circumstances.
206.8(d) If the authority so elects in the tax increment financing plan for a redevelopment
206.9district, renewal and renovation district, soils condition district, or soil deficiency district
206.10located in a mining reclamation project area, the ten-year periods described in paragraph
206.11(a) do not apply.
206.12EFFECTIVE DATE.This section is effective for districts certified after June 30,
206.132003.
206.14 Sec. 12. Minnesota Statutes 2012, section 469.1763, subdivision 4, is amended to read:
206.15 Subd. 4.
Use of revenues for decertification. (a) In each year beginning with the
206.16sixth 11th year following certification of the district, if the applicable in-district percent of
206.17the revenues derived from tax increments paid by properties in the district exceeds the
206.18amount of expenditures that have been made for costs permitted under subdivision 3, an
206.19amount equal to the difference between the in-district percent of the revenues derived from
206.20tax increments paid by properties in the district and the amount of expenditures that have
206.21been made for costs permitted under subdivision 3 must be used and only used to pay or
206.22defease the following or be set aside to pay the following:
206.23(1) outstanding bonds, as defined in subdivision 3, paragraphs (a), clause (2), and (b);
206.24(2) contracts, as defined in subdivision 3, paragraph (a), clauses (3) and (4);
206.25(3) credit enhanced bonds to which the revenues derived from tax increments are
206.26pledged, but only to the extent that revenues of the district for which the credit enhanced
206.27bonds were issued are insufficient to pay the bonds and to the extent that the increments
206.28from the applicable pooling percent share for the district are insufficient; or
206.29(4) the amount provided by the tax increment financing plan to be paid under
206.30subdivision 2, paragraphs (b), (d), and (e).
206.31(b) The district must be decertified and the pledge of tax increment discharged
206.32when the outstanding bonds have been defeased and when sufficient money has been set
206.33aside to pay, based on the increment to be collected through the end of the calendar year,
206.34the following amounts:
207.1(1) contractual obligations as defined in subdivision 3, paragraph (a), clauses (3)
207.2and (4);
207.3(2) the amount specified in the tax increment financing plan for activities qualifying
207.4under subdivision 2, paragraph (b), that have not been funded with the proceeds of bonds
207.5qualifying under paragraph (a), clause (1); and
207.6(3) the additional expenditures permitted by the tax increment financing plan for
207.7housing activities under an election under subdivision 2, paragraph (d), that have not been
207.8funded with the proceeds of bonds qualifying under paragraph (a), clause (1).
207.9(c) If the authority so elects in the tax increment financing plan for a redevelopment
207.10district, renewal and renovation district, soils condition district, or soil deficiency district
207.11located in a mining reclamation project area, the provisions of this section do not apply.
207.12EFFECTIVE DATE.This section is effective for districts certified after June 30,
207.132003.
207.14 Sec. 13. Minnesota Statutes 2012, section 469.177, subdivision 1a, is amended to read:
207.15 Subd. 1a.
Original local tax rate. At the time of the initial certification of the
207.16original net tax capacity for a tax increment financing district or a subdistrict, the county
207.17auditor shall certify the original local tax rate that applies to the district or subdistrict. The
207.18original local tax rate is the sum of all the local tax rates
, excluding that portion of the
207.19school rate attributable to the general education levy under section 126C.13, that apply
207.20to a property in the district or subdistrict. The local tax rate to be certified is the rate in
207.21effect for the same taxes payable year applicable to the tax capacity values certified as
207.22the district's or subdistrict's original tax capacity. The resulting tax capacity rate is the
207.23original local tax rate for the life of the district or subdistrict.
207.24EFFECTIVE DATE.This section is effective for districts for which the request for
207.25certification is made after April 15, 2013.
207.26 Sec. 14. Laws 2008, chapter 366, article 5, section 26, is amended to read:
207.27 Sec. 26.
BLOOMINGTON TAX INCREMENT FINANCING; FIVE-YEAR
207.28RULE.
207.29 (a) The requirements of Minnesota Statutes, section
469.1763, subdivision 3, that
207.30activities must be undertaken within a five-year period from the date of certification of
207.31a tax increment financing district, are increased to a
ten-year 15-year period for the
207.32Port Authority of the City of Bloomington's Tax Increment Financing District No. 1-I,
207.33Bloomington Central Station.
208.1 (b) Notwithstanding the provisions of Minnesota Statutes, section 469.176, or any
208.2other law to the contrary, the city of Bloomington and its port authority may extend the
208.3duration limits of the district for a period through December 31, 2039.
208.4 (c) Effective for taxes payable in 2014, tax increment for the district must be
208.5computed using the current local tax rate, notwithstanding the provisions of Minnesota
208.6Statutes, section 469.177, subdivision 1a.
208.7EFFECTIVE DATE.Paragraphs (a) and (c) are effective upon compliance by
208.8the governing body of the city of Bloomington with the requirements of Minnesota
208.9Statutes, section 645.021, subdivision 3. Paragraph (b) is effective upon compliance by
208.10the governing bodies of the city of Bloomington, Hennepin County, and Independent
208.11School District No. 271 with the requirements of Minnesota Statutes, sections 469.1782,
208.12subdivision 2, and 645.021, subdivision 3.
208.13 Sec. 15. Laws 2008, chapter 366, article 5, section 34, as amended by Laws 2009,
208.14chapter 88, article 5, section 11, is amended to read:
208.15 Sec. 34.
CITY OF OAKDALE; ORIGINAL TAX CAPACITY PARCELS
208.16DEEMED OCCUPIED.
208.17 (a) The provisions of this section apply to redevelopment tax increment financing
208.18districts created by the Housing and Redevelopment Authority in and for the city of
208.19Oakdale in the areas comprised of the parcels with the following parcel identification
208.20numbers: (1) 3102921320053; 3102921320054; 3102921320055; 3102921320056;
208.213102921320057; 3102921320058; 3102921320062; 3102921320063; 3102921320059;
208.223102921320060; 3102921320061; 3102921330005; and 3102921330004; and (2)
208.232902921330001 and 2902921330005.
208.24 (b) For a district subject to this section, the Housing and Redevelopment Authority
208.25may, when requesting certification of the original tax capacity of the district under
208.26Minnesota Statutes, section
469.177, elect to have the original tax capacity of the district
208.27be certified as the tax capacity of the land.
208.28 (c) The authority to request certification of a district under this section expires on
208.29July 1, 2013.
208.30 (a) Parcel numbers 3102921320054, 3102921320055, 3102921320056,
208.313102921320057, 3102921320061, and 3102921330004 are deemed to meet the
208.32requirements of Minnesota Statutes, section 469.174, subdivision 10, paragraph (d),
208.33notwithstanding any contrary provisions of that paragraph, if the following conditions
208.34are met:
209.1 (1) a building located on any part of each of the specified parcels was demolished after
209.2the Housing and Redevelopment Authority for the city of Oakdale adopted a resolution
209.3under Minnesota Statutes, section 469.174, subdivision 10, paragraph (d), clause (3);
209.4 (2) the building was removed either by the authority, by a developer under a
209.5development agreement with the Housing and Redevelopment Authority for the city of
209.6Oakdale, or by the owner of the property without entering into a development agreement
209.7with the Housing and Redevelopment Authority for the city of Oakdale; and
209.8 (3) the request for certification of the parcel as part of a district is filed with the
209.9county auditor by December 31, 2017.
209.10 (b) The provisions of this section allow an election by the authority for the parcels
209.11deemed occupied under paragraph (a), notwithstanding the provisions of Minnesota
209.12Statutes, sections 469.174, subdivision 10, paragraph (d), and 469.177, subdivision 1,
209.13paragraph (f).
209.14EFFECTIVE DATE.This section is effective upon compliance by the governing
209.15body of the city of Oakdale with the requirements of Minnesota Statutes, section 645.021,
209.16subdivision 3.
209.17 Sec. 16. Laws 2010, chapter 216, section 55, is amended to read:
209.18 Sec. 55.
OAKDALE; TAX INCREMENT FINANCING DISTRICT.
209.19 Subdivision 1.
Duration of district. Notwithstanding the provisions of Minnesota
209.20Statutes, section
469.176, subdivision 1b, the city of Oakdale may collect tax increments
209.21from Tax Increment Financing District No. 6 (Bergen Plaza) through December 31,
2024
209.22 2030, subject to the conditions described in subdivision 2.
209.23 Subd. 2.
Conditions for extension. (a) Subdivision 1 applies only if the following
209.24conditions are met:
209.25 (1) by July 1, 2011, the city of Oakdale has entered into a development agreement
209.26with a private developer for development or redevelopment of all or a substantial part of
209.27the
area parcels described in clause (2); and
209.28 (2) by November 1, 2011, the city of Oakdale or a private developer commences
209.29construction of streets, traffic improvements, water, sewer, or related infrastructure that
209.30serves one or both of the parcels with the following parcel identification numbers:
209.312902921330001 and 2902921330005. For the purposes of this section, construction
209.32commences upon grading or other visible improvements that are part of the subject
209.33infrastructure.
209.34 (b) All tax increments received by the city of Oakdale under subdivision 1 after
209.35December 31, 2016, must be used only to pay costs that are both
:
210.1 (1) related to redevelopment of the parcels specified in this subdivision
or
210.2parcel numbers 3102921320053, 3102921320054, 3102921320055, 3102921320056,
210.33102921320057, 3102921320058, 3102921320059, 3102921320060, 3102921320061,
210.43102921320062, 3102921320063, 3102921330004, and 3102921330005, including,
210.5without limitation, any
of the infrastructure
referenced in this subdivision, that serves
210.6any of the referenced parcels; and
210.7 (2) otherwise eligible under law to be paid with increments from the specified tax
210.8increment financing district
, except the authority under this clause does not apply to
210.9increments collected after the conclusion of the duration limit under general law.
210.10EFFECTIVE DATE.This section is effective upon compliance by the governing
210.11body of the city of Oakdale with the requirements of Minnesota Statutes, sections
210.12469.1782, subdivision 2, and 645.021, subdivision 3.
210.13 Sec. 17.
USE OF TAX INCREMENT.
210.14 Notwithstanding Minnesota Statutes, section 469.176, subdivision 4d, beginning
210.15on the effective date of this section, the city of Oakdale may spend tax increments from
210.16Tax Increment Financing District No. 1-6 (Echo Ridge) to pay costs that are related to
210.17redevelopment of parcel numbers 3102921320053, 3102921320054, 3102921320055,
210.183102921320056, 3102921320057, 3102921320058, 3102921320059, 3102921320060,
210.193102921320061, 3102921320062, 3102921320063, 3102921330004, and 3102921330005
210.20(the Tanner's Lake redevelopment site), including without limitation any infrastructure
210.21that serves the referenced parcels.
210.22EFFECTIVE DATE.This section is effective upon compliance by the governing
210.23body of the city of Oakdale with the requirements of Minnesota Statutes, section 645.021,
210.24subdivision 3.
210.25 Sec. 18.
CITY OF MINNEAPOLIS; STREETCAR FINANCING.
210.26 Subdivision 1. Definitions. (a) For purposes of this section, the following terms
210.27have the meanings given them.
210.28(b) "City" means the city of Minneapolis.
210.29(c) "County" means Hennepin County.
210.30(d) "District" means the areas certified by the city under subdivision 2 for collection
210.31of value capture taxes.
210.32(e) "Project area" means the area including one city block on either side of a streetcar
210.33line designated by the city to serve the downtown and adjacent neighborhoods of the city.
211.1 Subd. 2. Authority to establish district. (a) The governing body of the city may,
211.2by resolution, establish a value capture district consisting of some or all of the following
211.3parcels located within the city, as described in the resolution: 27-029-24-31-0130;
211.422-029-24-41-0008; 22-029-24-44-0038; 22-029-24-44-0035; 22-029-24-44-0036;
211.522-029-24-44-0037; and 22-029-24-42-0051.
211.6(b) The city may establish the district and the project area only after holding a public
211.7hearing on its proposed creation after publishing notice of the hearing and the proposal at
211.8least once not less than ten days nor more than 30 days before the date of the hearing.
211.9 Subd. 3. Calculation of value capture district; administrative provisions. (a) If
211.10the city establishes a value capture district under subdivision 2, the city shall request the
211.11county auditor to certify the district for calculation of the district's tax revenues.
211.12(b) For purposes of calculating the tax revenues of the district, the county auditor
211.13shall treat the district as if it were a request for certification of a tax increment financing
211.14district under the provisions of Minnesota Statutes, section 469.177, subdivision 1,
211.15and shall calculate the tax revenues of the district for each year of its duration under
211.16subdivision 4 as equaling the amount of tax increment under Minnesota Statutes, section
211.17469.177, subdivisions 1, 2, and 3. The city shall provide the county auditor with the
211.18necessary information to certify the district, including the option for calculating revenues
211.19derived from the areawide tax rate under Minnesota Statutes, chapter 473F.
211.20(c) The county auditor shall pay to the city at the same times provided for settlement
211.21of taxes and payment of tax increments the tax revenues of the district. The city must use
211.22the tax revenues as provided under subdivision 4.
211.23 Subd. 4. Permitted uses of district tax revenues. (a) In addition to paying for
211.24reasonable administrative costs of the district, the city may spend tax revenues of the
211.25district for property acquisition, improvements, and equipment to be used for operations
211.26within the project area, along with related costs, for:
211.27(1) planning, design, and engineering services related to the construction of the
211.28streetcar line;
211.29(2) acquiring property for, constructing, and installing a streetcar line;
211.30(3) acquiring and maintaining equipment and rolling stock and related facilities, such
211.31as maintenance facilities, which need not be located in the project area;
211.32(4) acquiring, constructing, or improving transit stations; and
211.33(5) acquiring or improving public space, including the construction and installation
211.34of improvements to streets and sidewalks, decorative lighting and surfaces, and plantings
211.35related to the streetcar line.
212.1(b) The city may issue bonds or other obligations under Minnesota Statutes, chapter
212.2475, without an election, to fund acquisition or improvement of property of a capital
212.3nature authorized by this section, including any costs of issuance. The city may also issue
212.4bonds or other obligations to refund those bonds or obligations. Payment of principal
212.5and interest on the bonds or other obligations issued under this paragraph is a permitted
212.6use of the district's tax revenues.
212.7(c) Tax revenues of the district may not be used for the operation of the streetcar line.
212.8 Subd. 5. Duration of the district. A district established under this section is limited
212.9to the lesser of (1) 25 years of tax revenues, or (2) the time necessary to collect tax revenues
212.10equal to the amount of the capital costs permitted under subdivision 4 or the amount needed
212.11to pay or defease bonds or other obligations issued under subdivision 4, whichever is later.
212.12EFFECTIVE DATE.This section is effective the day following final enactment.
212.13 Sec. 19.
DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY; TAX
212.14INCREMENT FINANCING DISTRICT.
212.15 Subdivision 1. Authorization. Notwithstanding the provisions of any other law,
212.16the Dakota County Community Development Agency may establish a redevelopment tax
212.17increment financing district comprised of the properties that (1) were included in the
212.18CDA 10 Robert and South Street district in the city of West St. Paul, and (2) were not
212.19decertified before July 1, 2012. The district created under this section terminates no later
212.20than December 31, 2028.
212.21 Subd. 2. Special rules. The requirements for qualifying a redevelopment district
212.22under Minnesota Statutes, section 469.174, subdivision 10, do not apply to parcels located
212.23within the district. Minnesota Statutes, section 469.176, subdivision 4j, do not apply to the
212.24district. The original tax capacity of the district is $93,239.
212.25 Subd. 3. Authorized expenditures. Tax increment from the district may be
212.26expended to pay for any eligible activities authorized by Minnesota Statutes, chapter 469,
212.27within the redevelopment area that includes the district provided that the boundaries of the
212.28redevelopment area may not be expanded to add new area after April 1, 2013. All such
212.29expenditures are deemed to be activities within the district under Minnesota Statutes,
212.30section 469.1763, subdivisions 2 and 4.
212.31 Subd. 4. Adjusted net tax capacity. The captured tax capacity of the district must
212.32be included in the adjusted net tax capacity of the city, county, and school district for the
212.33purposes of determining local government aid, education aid, and county program aid.
212.34The county auditor shall report to the commissioner of revenue the amount of the captured
212.35tax capacity for the district at the time the assessment abstracts are filed.
213.1EFFECTIVE DATE.This section is effective upon compliance by the governing
213.2body of the Dakota County Community Development Agency with the requirements of
213.3Minnesota Statutes, section 645.021, subdivision 3.
213.4 Sec. 20.
ST. CLOUD; TAX INCREMENT FINANCING.
213.5 The request for certification of Tax Increment District No. 2, commonly referred to
213.6as the Norwest District, in the city of St. Cloud is deemed to have been made on or after
213.7August 1, 1979, and before July 1, 1982. Revenues derived from tax increment for that
213.8district must be treated for purposes of any law as revenue of a tax increment financing
213.9district for which the request for certification was made during that time period.
213.10EFFECTIVE DATE.This section is effective upon approval by the governing
213.11body of the city of St. Cloud and compliance with Minnesota Statutes, section 645.021,
213.12subdivision 3.
213.13 Sec. 21.
CITY OF ELY; TAX INCREMENT FINANCING.
213.14 Subdivision 1. Extension of district. Notwithstanding Minnesota Statutes, section
213.15469.176, subdivision 1b, or any other law, the city of Ely may collect tax increment from
213.16Tax Increment Financing District No. 1 through December 31, 2021. Increments from the
213.17district may only be used to pay binding obligations and administrative expenses.
213.18 Subd. 2. Binding obligations. For purposes of this section, "binding obligations"
213.19means the binding contractual or debt obligation of Tax Increment Financing District
213.20No. 1 entered into before January 1, 2013.
213.21 Subd. 3. Expenditures outside district. Notwithstanding Minnesota Statutes,
213.22section 469.1763, subdivision 2, the governing body of the city of Ely may elect to
213.23transfer revenues derived from its Tax Increment Financing District No. 3 to the tax
213.24increment account established under Minnesota Statutes, section 469.177, subdivision
213.255, for Tax Increment Financing District No. 1. The amount that may be transferred is
213.26limited to the lesser of:
213.27(1) $168,000; or
213.28(2) the total amount due on binding obligations and outstanding on that date, less the
213.29amount of increment collected by Tax Increment Financing District No. 1 after December
213.3031, 2012, and administrative expenses of Tax Increment Financing District No. 1 incurred
213.31after December 31, 2012.
213.32EFFECTIVE DATE.This section is effective upon approval by the governing
213.33body of the city of Ely, St. Louis County, and Independent School District No. 696, with
214.1the requirements of Minnesota Statutes, sections 469.1782, subdivision 2, and 645.021,
214.2subdivision 3.
214.3 Sec. 22.
CITY OF GLENCOE; TAX INCREMENT FINANCING DISTRICT
214.4EXTENSION.
214.5 Subdivision 1. Duration of district. Notwithstanding the provisions of Minnesota
214.6Statutes, section 469.176, subdivision 1b, paragraph (a), clause (4), or any other law to
214.7the contrary, the city of Glencoe may collect tax increments from tax increment financing
214.8district No. 4 (McLeod County District No. 007) through December 31, 2023, subject to
214.9the conditions in subdivision 2.
214.10 Subd. 2. Exclusive use of revenues. (a) All tax increments derived from tax
214.11increment financing district No. 4 (McLeod County District No. 007) that are collected
214.12after December 31, 2013, must be used only to pay debt service on or to defease bonds that
214.13were outstanding on January 1, 2013, and that were issued to finance improvements serving:
214.14(1) tax increment financing district No. 14 (McLeod County District No. 033)
214.15(Downtown);
214.16(2) tax increment financing district No. 15 (McLeod County District No. 035)
214.17(Industrial Park); and
214.18(3) benefited properties as further described in proceedings related to the city's series
214.192007A bonds, dated September 1, 2007, and any bonds issued to refund those bonds.
214.20(b) Increment may also be used to pay debt service on or to defease bonds issued to
214.21refund the bonds described in paragraph (a), if the refunding bonds do not increase the
214.22present value of debt service due on the refunded bonds when the refunding is closed.
214.23(c) When the bonds described in paragraphs (a) and (b) have been paid or defeased,
214.24the district must be decertified and any remaining increment returned to the city, county,
214.25and school district as provided by Minnesota Statutes, section 469.176, subdivision 2,
214.26paragraph (c), clause (4).
214.27EFFECTIVE DATE.This section is effective upon compliance by the governing
214.28body of the city of Glencoe, McLeod County, and Independent School District No. 2859
214.29with the requirements of Minnesota Statutes, sections 469.1782, subdivision 2, and
214.30645.021, subdivision 3.
214.31 Sec. 23.
CITY OF BLOOMINGTON; TAX INCREMENT FINANCING.
214.32 Subdivision 1. Addition of property to Tax Increment Financing District
214.33No. 1-G. (a) Notwithstanding the provisions of Minnesota Statutes, section 469.175,
214.34subdivision 4, or any other law to the contrary, the governing bodies of the Port Authority
215.1of the city of Bloomington and the city of Bloomington may elect to eliminate the real
215.2property north of the existing building line on Lot 1, Block 1, Mall of America 7th
215.3Addition, exclusive of Lots 2 and 3 from Tax Increment Financing District No. 1-C
215.4within Industrial Development District No. 1 Airport South in the city of Bloomington,
215.5Minnesota, and expand the boundaries of Tax Increment Financing District No. 1-G
215.6to include that property.
215.7 (b) If the city elects to transfer parcels under this authority, the county auditor shall
215.8transfer the original tax capacity of the affected parcels from Tax Increment Financing
215.9District No. 1-C to Tax Increment Financing District No. 1-G.
215.10EFFECTIVE DATE.This section is effective upon compliance of the governing
215.11body of the city of Bloomington with the requirements of Minnesota Statutes, section
215.12645.021, subdivision 3.
215.13 Sec. 24.
CITY OF APPLE VALLEY; USE OF TAX INCREMENT FINANCING.
215.14 Subdivision 1. Developments consisting of building and ancillary facilities.
215.15 Notwithstanding Minnesota Statutes, section 469.176, subdivisions 4c and 4m, the city of
215.16Apple Valley may use tax increment financing to provide improvements, loans, subsidies,
215.17grants, interest rate subsidies, or assistance in any form to developments consisting of
215.18buildings and ancillary facilities, if all of the following conditions are met:
215.19 (1) the city of Apple Valley finds that the project will create or retain jobs in
215.20Minnesota, including construction jobs;
215.21 (2) the city of Apple Valley finds that construction of the project will not commence
215.22before July 1, 2014, without the use of tax increment financing;
215.23 (3) the request for certification of the district is made no later than June 30, 2014;
215.24 (4) construction of the project begins no later than July 1, 2014; and
215.25 (5) for development of housing, construction of the project begins no later than
215.26December 31, 2013.
215.27 Subd. 2. Extension of authority to spend tax increments. Notwithstanding the
215.28time limits in Minnesota Statutes, section 469.176, subdivision 4m, the city of Apple
215.29Valley has the authority to spend tax increments under Minnesota Statutes, section
215.30469.176, subdivision 4m, until December 31, 2014.
215.31EFFECTIVE DATE.This section is effective upon approval by the governing
215.32body of the city of Apple Valley and timely compliance with Minnesota Statutes, section
215.33645.021, subdivision 3.
216.1 Sec. 25.
CITY OF MAPLEWOOD; TAX INCREMENT FINANCING
216.2DISTRICT; SPECIAL RULES.
216.3 (a) If the city of Maplewood elects, upon the adoption of a tax increment financing
216.4plan for a district, the rules under this section apply to one or more redevelopment
216.5tax increment financing districts established by the city or the economic development
216.6authority of the city. The area within which the redevelopment tax increment districts may
216.7be created is parcel 362922240002 (the "parcel") or any replatted parcels constituting a
216.8part of the parcel and the adjacent rights-of-way. For purposes of this section, the parcel is
216.9the "3M Renovation and Retention Project Area" or "project area."
216.10 (b) The requirements for qualifying redevelopment tax increment districts under
216.11Minnesota Statutes, section 469.174, subdivision 10, do not apply to the parcel, which is
216.12deemed eligible for inclusion in a redevelopment tax increment district.
216.13 (c) The 90 percent rule under Minnesota Statutes, section 469.176, subdivision
216.144j, does not apply to the parcel.
216.15 (d) The expenditures outside district rule under Minnesota Statutes, section
216.16469.1763, subdivision 2, does not apply; the five-year rule under Minnesota Statutes,
216.17section 469.1763, subdivision 3, is extended to ten years; and expenditures must only
216.18be made within the project area.
216.19 (e) If, after one year from the date of certification of the original net tax capacity
216.20of the tax increment district, no demolition, rehabilitation, or renovation of property has
216.21been commenced on a parcel located within the tax increment district, no additional tax
216.22increment may be taken from that parcel, and the original net tax capacity of the parcel
216.23shall be excluded from the original net tax capacity of the tax increment district. If 3M
216.24Company subsequently commences demolition, rehabilitation, or renovation, the authority
216.25shall certify to the county auditor that the activity has commenced, and the county auditor
216.26shall certify the net tax capacity thereof as most recently certified by the commissioner
216.27of revenue and add it to the original net tax capacity of the tax increment district. The
216.28authority must submit to the county auditor evidence that the required activity has taken
216.29place for each parcel in the district.
216.30 (f) The authority to approve a tax increment financing plan and to establish a tax
216.31increment financing district under this section expires December 31, 2018.
216.32EFFECTIVE DATE.This section is effective upon approval by the governing
216.33body of the city of Maplewood and upon compliance with Minnesota Statutes, section
216.34645.021, subdivision 3.
217.2DESTINATION MEDICAL CENTER
217.3 Section 1. Minnesota Statutes 2012, section 297A.71, is amended by adding a
217.4subdivision to read:
217.5 Subd. 45. Construction materials, public infrastructure related to the
217.6destination medical center. Materials and supplies used in, and equipment incorporated
217.7into, the construction and improvement of publicly owned buildings and infrastructure
217.8included in the development plan adopted under section 469.42, and financed with public
217.9funds, are exempt.
217.10EFFECTIVE DATE.This section is effective for sales and purchases made after
217.11June 30, 2015.
217.12 Sec. 2.
[469.40] DEFINITIONS.
217.13 Subdivision 1. Application. For the purposes of section 469.40 to 469.46, the terms
217.14defined in this section have the meanings given them.
217.15 Subd. 2. Authority. "Authority" means the Destination Medical Center Authority
217.16established in section 469.41.
217.17 Subd. 3. Board. "Board" means the governing body of the Destination Medical
217.18Center Authority.
217.19 Subd. 4. City. "City" means the city of Rochester.
217.20 Subd. 5. County. "County" means Olmsted County.
217.21 Subd. 6. Destination medical center development district. "Destination medical
217.22center development district" or "development district" means a geographic area in the
217.23city identified in the adopted authority development plan in which public infrastructure
217.24projects are implemented.
217.25 Subd. 7. Development plan. "Development plan" means the plan adopted by the
217.26authority under section 469.46.
217.27 Subd. 8. Medical business entity. "Medical business entity" means a medical
217.28business entity with its principal place of business in the city that, as of the effective date
217.29of this section, together with all business entities of which it is the sole member or sole
217.30shareholder, collectively employs more than 30,000 persons in the state.
217.31 Subd. 9. Public infrastructure project. (a) "Public infrastructure project" means
217.32a project financed in part or whole with public money in order to support the medical
217.33business entity's development plans, as identified in the adopted development plan. A
217.34project may be to:
218.1(1) acquire real property and other assets associated with the real property;
218.2(2) demolish, repair, or rehabilitate buildings;
218.3(3) remediate land and buildings as required to prepare the property for acquisition
218.4or development;
218.5(4) install, construct, or reconstruct elements of public infrastructure required to
218.6support the overall development of the destination medical center development district,
218.7including, but not limited to, streets, roadways, utilities systems and related facilities,
218.8utility relocations and replacements, network and communication systems, streetscape
218.9improvements, drainage systems, sewer and water systems, subgrade structures and
218.10associated improvements, landscaping, façade construction and restoration, wayfinding
218.11and signage, and other components of community infrastructure;
218.12(5) acquire, construct or reconstruct, and equip parking facilities and other facilities
218.13to encourage intermodal transportation and public transit;
218.14(6) install, construct or reconstruct, furnish, and equip parks, cultural, and
218.15recreational facilities, facilities to promote tourism and hospitality, conferencing and
218.16conventions, broadcast and related multimedia infrastructure;
218.17(7) make related site improvements, including, without limitation, excavation, earth
218.18retention, soil stabilization and correction, site improvements to support the destination
218.19medical center development district;
218.20(8) prepare land for private development and to sell or lease land; and
218.21 (9) to construct and equip all or a portion of one or more suitable structures on land
218.22owned by the authority for sale or lease of private development; provided, however, that
218.23the portion of any such structure directly financed as a project cost must not be sold or
218.24leased to a medical business entity.
218.25 (b) A public infrastructure project is not a business subsidy under section 116J.993.
218.26 Sec. 3.
[469.41] AUTHORITY ESTABLISHMENT; BOARD MEMBERS;
218.27TERMS, VACANCIES, PAY, CONTINUITY.
218.28 Subdivision 1. Destination Medical Center Authority; establishment. The
218.29Destination Medical Center Authority is established. The authority's governing board
218.30shall have eight members, and a quorum of the board consists of at least six members.
218.31Four members are appointed by the governor and confirmed by the senate. One member
218.32shall represent the county and is appointed by the county board of commissioners. Two
218.33members shall represent the city and are appointed by the city council. One member
218.34shall represent the medical business entity and is appointed by the board of directors of
218.35the medical business entity. A member appointed by the governor must not be a resident
219.1of Rochester. A member must not have a direct or indirect financial interest in the Mayo
219.2Clinic, its subsidiaries, or affiliated businesses, the Destination Medical Center, or any
219.3projects authorized by or under consideration by the authority, except for the member.
219.4This provision does not apply to the member appointed by the medical business entity.
219.5 Subd. 2. Terms; vacancies. The initial eight members shall be appointed by the
219.6first Monday in January 2014. Except as provided in this subdivision, a member's term is
219.7six years. The governor shall make replacement appointments for two of the governor's
219.8appointees by the first Monday in January 2017 and every six years thereafter. The city
219.9council shall make one replacement appointment and the county board of commissioners
219.10shall make its replacement appointment by the first Monday in January 2017 and every
219.11six years thereafter. The medical business entity shall make its replacement appointment
219.12by the first Monday in January 2020 and every six years thereafter. Each member shall
219.13serve until a replacement for the member's seat on the board has been confirmed by the
219.14senate in the case of the governor's appointments. When a member resigns or is removed
219.15for cause, the governor shall fill the vacancy for the balance of the member's term shall
219.16be filled subject to the same confirmation required for an appointment for a full term as
219.17provided in subdivision 1.
219.18 Subd. 3. Chair. The governor shall appoint a chair from the board's membership,
219.19and the chair shall convene the first meeting within two months of senate confirmation of
219.20the governor's appointed members.
219.21 Subd. 4. Pay. Members must be compensated as provided in section 15.0575,
219.22subdivision 3, for each regular or special authority board meeting attended. In addition,
219.23the board members may be reimbursed for actual expenses incurred in doing official
219.24business of the authority. All money paid for compensation or reimbursement must be
219.25paid out of the authority's budget.
219.26 Subd. 5. Removal for cause. A member may be removed by the board for
219.27inefficiency, neglect of duty, or misconduct in office. A member may be removed only
219.28after a hearing of the board. A copy of the charges must be given to the board member at
219.29least ten days before the hearing. The board member must be given an opportunity to be
219.30heard in person or by counsel at the hearing. When written charges have been submitted
219.31against a board member, the board may temporarily suspend the member. If the board finds
219.32that those charges have not been substantiated, the board member shall be immediately
219.33reinstated. If a board member is removed, a record of the proceedings, together with the
219.34charges and findings, shall be filed with the office of the appointing authority.
220.1 Subd. 6. Sunset. The authority shall sunset December 31, 2043. When the authority
220.2sunsets, all right, title, and interest to all assets held by the authority are transferred or
220.3assigned to the city of Rochester.
220.4 Sec. 4.
[469.42] CHARACTERISTICS AND JURISDICTION.
220.5 Subdivision 1. Public body characteristics. The authority is a body politic and
220.6corporate and a political subdivision of the state, with the right to sue and be sued in
220.7its own name.
220.8 Subd. 2. Boundaries. The boundary for activities and the use of the powers of
220.9the authority must be within a medical center development district. The authority also
220.10has the power to finance activities outside of a medical center development district but
220.11within the county, if necessary; provided, however, that the financing of activities outside
220.12of a medical center development district but within the county must be included in the
220.13development plan and must be approved by, and subject to the planning, zoning, sanitary
220.14and building laws, ordinances, regulations, and land use plans applicable to, the city,
220.15county, or town in which such activities are undertaken.
220.16 Sec. 5.
[469.43] OFFICERS; DUTIES; ORGANIZATIONAL MATTERS.
220.17 Subdivision 1. Bylaws, rules, seal. The authority may adopt bylaws and rules of
220.18procedure and may adopt an official seal.
220.19 Subd. 2. Officers. The authority shall annually elect a treasurer. The authority shall
220.20appoint a secretary and assistant treasurer. The secretary and assistant treasurer need
220.21not, but may, be members of the board.
220.22 Subd. 3. Duties and powers. The officers have the usual duties and powers of their
220.23offices. They may be given other duties and powers by the authority.
220.24 Subd. 4. Treasurer's duties. The treasurer:
220.25(1) shall receive and is responsible for authority money;
220.26(2) is responsible for the acts of the assistant treasurer;
220.27(3) shall disburse authority money by check or electronic procedures;
220.28(4) shall keep an account of the source of all receipts, and the nature, purpose, and
220.29authority of all disbursements; and
220.30(5) shall file the authority's detailed financial statement with its secretary at least
220.31once a year at times set by the authority.
220.32 Subd. 5. Secretary. The secretary shall perform duties as required by the board.
220.33 Subd. 6. Assistant treasurer. The assistant treasurer has the powers and duties of
220.34the treasurer if the treasurer is absent or disabled.
221.1 Subd. 7. Treasurer's bond. The treasurer shall give bond to the state conditioned
221.2for the faithful discharge of official duties. The bond must be approved as to form and
221.3surety by the authority and filed with its secretary. The bond must be for twice the amount
221.4of money likely to be on hand at any one time, as determined at least annually by the
221.5authority, except that the bond must not exceed $300,000.
221.6 Subd. 8. Public money. Authority money is public money.
221.7 Subd. 9. Checks. An authority check must be signed by the treasurer and by one
221.8other officer named by the authority in a resolution. The check must state the name of the
221.9payee and the nature of the claim for which the check is issued.
221.10 Subd. 10. Financial statements; filing with state auditor. The financial statements
221.11of the authority must be prepared, audited, filed, and published or posted in the manner
221.12required for the financial statements of the city. The authority shall employ a certified
221.13public accountant to annually examine and audit its books. The report of the exam and audit
221.14must be filed with the state auditor by June 30 of each year. The state auditor shall review
221.15the report and may accept it or, in the public interest, audit the books of the authority.
221.16 Subd. 11. Meetings. Except at otherwise provided in this chapter, the authority is
221.17subject to chapters 13 and 13D.
221.18 Sec. 6.
[469.44] DEPOSITORIES; DEFAULT; COLLATERAL.
221.19 Subdivision 1. Named; bond. Every two years the authority shall name national
221.20or state banks within the state as depositories. Before acting as a depository, a named
221.21bank shall give the authority a bond approved as to form and surety by the authority.
221.22The bond must be conditioned for the safekeeping and prompt repayment of deposits.
221.23The amount of the bond must be at least equal to the maximum sum expected to be on
221.24deposit at any one time.
221.25 Subd. 2. Default; collateral. When authority funds are deposited by the treasurer
221.26in a bonded depository, the treasurer and the surety on the treasurer's official bond are
221.27exempt from liability for the loss of the deposits because of the failure, bankruptcy, or any
221.28other act or default of the depository. The authority may accept assignments of collateral
221.29from its depository to secure deposits in the same manner as assignments of collateral are
221.30permitted for a government entity under section 118A.03.
221.31 Sec. 7.
[469.45] TAX LEVIES; CITY OR COUNTY APPROPRIATIONS;
221.32OTHER FISCAL MATTERS.
222.1 Subdivision 1. Obligations. The authority must not levy a tax or special assessment,
222.2pledge the credit of the state or the state's municipal corporations or other subdivisions, or
222.3incur an obligation enforceable on property not owned by the authority.
222.4 Subd. 2. Budget. The authority shall annually send its budget to the city, county,
222.5governor, and the chair and ranking minority members of the house and senate committees
222.6with jurisdiction over taxation.
222.7 Subd. 3. Fiscal year. The fiscal year of the authority may be established by the
222.8authority.
222.9 Subd. 4. City or county appropriations; levy. The city council of the city or the
222.10county board of the county may appropriate money for the use of the authority and may
222.11levy the amount of its appropriation in its general levy. The levy is a special levy within
222.12the meaning of, and as if specifically enumerated in, section 275.70, subdivision 5.
222.13 Subd. 5. Outside budget laws. Money appropriated to the authority by the city
222.14or county under this section is not subject to a budget law that applies to the city or
222.15county, respectively.
222.16 Subd. 6. City or county payment. The city or county treasurer shall pay money
222.17appropriated by a city or county under subdivision 4 when and in the manner directed by
222.18the city council or county board, as applicable.
222.19 Subd. 7. Local government tax base not reduced. Nothing in sections 469.41 to
222.20469.52 reduces the tax base or affects the taxes due and payable to the city, the county,
222.21or any school district within the boundaries of the city, including, without limitation, the
222.22city's 0.5 percent local sales tax.
222.23 Sec. 8.
[469.451] COUNTY TAX AUTHORITY.
222.24(a) Notwithstanding sections 297A.99, 297A.993, and 477A.016, or any other
222.25contrary provision of law, ordinance, or charter, and in addition to any taxes the county
222.26may impose under another law or statute, the board of commissioners of Olmsted County
222.27may, by resolution, impose a transportation tax of up to one quarter of one percent on
222.28retail sales and uses taxable under chapter 297A. The provisions of section 297A.99,
222.29subdivisions 4 to 13, govern the imposition, administration, collection, and enforcement
222.30of the tax authorized under this paragraph.
222.31(b) The board of commissioners of Olmsted County may, by resolution, levy an
222.32annual wheelage tax of up to $10 on each motor vehicle kept in the county when not in
222.33operation which is subject to annual registration and taxation under chapter 168, for
222.34transportation projects within the county. The wheelage tax shall not be imposed on the
222.35vehicles exempt from wheelage tax under section 163.051, subdivision 1. The board
223.1by resolution may provide for collection of the wheelage tax by county officials or it
223.2may request that the tax be collected by the state registrar on behalf of the county. The
223.3provisions of section 163.051, subdivisions 2, 2a, 3, and 7, shall govern the administration,
223.4collection, and enforcement of the tax authorized under this paragraph. The tax authorized
223.5under this section is in addition to any tax the county may be authorized to impose under
223.6section 163.051, but until January 1, 2018, the county tax imposed under this paragraph,
223.7in combination with any tax imposed under section 163.051, must equal the specified
223.8rate under section 163.051.
223.9(c) The proceeds of the tax imposed under paragraph (a), less refunds and costs of
223.10collection, must be first used by the county to meet its share of obligations for financing
223.11transportation infrastructure related to the public infrastructure projects contained in
223.12the development plan, including any associated financing costs. Revenues collected in
223.13any calendar year in excess of the county obligation to pay for projects contained in the
223.14development plan may be retained by the county and used for funding other transportation
223.15projects, including roads and bridges, airport and transportation improvements.
223.16(d) Any taxes imposed under paragraph (a), expire December 31, 2046, or at an
223.17earlier time if approved by resolution of the county board of commissioners. However,
223.18the taxes may not terminate before the county board of commissioners determines that
223.19revenues from these taxes and any other revenue source the county dedicates are sufficient
223.20to pay the county share of transit project costs and associated financing costs under the
223.21adopted development plan.
223.22 Sec. 9.
[469.46] DEVELOPMENT PLAN.
223.23 Subdivision 1. Development plan; adoption by authority; notice; findings. (a)
223.24The authority shall prepare and adopt a development plan. The authority must hold a
223.25public hearing before adopting a development plan. At least 60 days before the hearing,
223.26the authority shall make copies of the proposed plan available to the public at the authority
223.27and city offices during normal business hours, on the authority's and city's Web site,
223.28and as otherwise determined appropriate by the authority. At least ten days before the
223.29hearing, the authority shall publish notice of the hearing in a daily newspaper of general
223.30circulation in the city. The development plan may not be adopted unless the authority
223.31finds by resolution that:
223.32(1) the plan provides an outline for the development of the city as a destination
223.33medical center, and the plan is sufficiently complete, including the identification of planned
223.34and anticipated projects, to indicate its relationship to definite state and local objectives;
224.1(2) the proposed development affords maximum opportunity, consistent with the
224.2needs of the city, county, and state, for the development of the city by private enterprise
224.3as a destination medical center;
224.4(3) the proposed development conforms to the general plan for the development of
224.5the city and is consistent with the city comprehensive plan;
224.6(4) the plan includes:
224.7(i) strategic planning consistent with a destination medical center in the core areas of
224.8commercial research and technology, learning environment, hospitality and convention,
224.9sports and recreation, livable communities, including mixed-use urban development
224.10and neighborhood residential development, retail/dining/entertainment, and health and
224.11wellness;
224.12(ii) estimates of short- and long-range fiscal and economic impacts;
224.13(iii) a framework to identify and prioritize short- and long-term public investment
224.14and public infrastructure project development and to facilitate private investment and
224.15development;
224.16(iv) land use planning;
224.17(v) transportation and transit planning;
224.18(vi) operational planning required to support the medical center development
224.19district; and
224.20(vii) ongoing market research plans.
224.21(b) The identification of planned and anticipated projects under paragraph (a), clause
224.22(1), must give priority to projects that will pay wages at least equal to the basic cost of
224.23living wage as calculated by the commissioner of employment and economic development
224.24for the county in which the project is located. The calculation of the basic cost of living
224.25wage shall be done as provided for under Minnesota Statutes, section 116J.013, if enacted
224.26by the 2013 legislature.
224.27 Subd. 2. Development plan; review by city; finding. After adoption by the
224.28authority under subdivision 1, the authority shall submit the development plan to the city.
224.29The city shall review the development plan and make its finding regarding consistency
224.30with the adopted comprehensive plan of the city within 60 days of submission of
224.31the adopted development plan. If the city determines, by written resolution, that the
224.32development plan is not consistent with the adopted comprehensive plan of the city, the
224.33resolution shall state the reasons and supporting facts for each determination, and the city
224.34shall transmit the resolution to the authority within seven days of adoption.
224.35 Subd. 3. Modification of development plan. The authority may modify the
224.36development plan at any time. The authority must update the development plan not less
225.1than every five years. A modification or update under this subdivision must be adopted by
225.2the authority upon the notice and after the public hearing and findings required for the
225.3original adoption of the development plan.
225.4 Subd. 4. Authority consultant. (a) The authority shall engage a business entity
225.5consultant to provide experience and expertise in developing the destination medical center.
225.6The consultant shall assist the authority in preparing the development plan and provide
225.7services to assist the authority or city in implementing, consistent with the development
225.8plan. The consultant shall work with the city and the medical business entity on the goals,
225.9objectives, and strategies in the development plan, including, but not limited to:
225.10(1) developing and updating the criteria for evaluating and underwriting
225.11development proposals;
225.12(2) implementing the development plan, including soliciting and evaluating
225.13proposals for development and evaluating and making recommendations to the authority
225.14and the city regarding those proposals;
225.15(3) providing transactional services in connection with approved projects;
225.16(4) developing patient, visitor, and community outreach programs for a destination
225.17medical center development district;
225.18(5) working with the authority to acquire and facilitate the sale, lease, or other
225.19transactions involving land and real property;
225.20(6) seeking financial support for the authority, the city, and a project;
225.21(7) partnering with other development agencies and organizations and the county in
225.22joint efforts to promote economic development and establish a destination medical center;
225.23(8) supporting and administering the planning and development activities required to
225.24implement the development plan;
225.25(9) preparing and supporting the marketing and promotion of the medical center
225.26development district;
225.27(10) preparing and implementing a program for community and public relations in
225.28support of the medical center development district;
225.29(11) assisting the authority or city and others in applications for federal grants, tax
225.30credits, and other sources of funding to aid both private and public development; and
225.31(12) making other general advisory recommendations to the authority and the city,
225.32as requested.
225.33(b) The authority may contract with the consultant to provide administrative services
225.34to the authority with regard to the destination medical center plan implementation. The
225.35authority may pay for those services out of any revenue sources available to it.
226.1 Subd. 5. Audit of consultant contracts. Any contract for services between the
226.2authority and a consultant paid, in whole or in part, with public money gives the authority,
226.3the city, and the state auditor the right to audit the books and records of the consultant
226.4that are necessary to certify (1) the nature and extent of the services furnished pursuant to
226.5the contract, and (2) that the payment for services and related disbursements complies
226.6with all state laws, regulations, and the terms of the contract. Any contract for services
226.7between the authority and the consultant paid, in whole or in part, with public money shall
226.8require the authority to maintain for the life of the authority accurate and complete books
226.9and records directly relating to the contract.
226.10 Subd. 6. Report. By January 15 of each year, the authority and city must submit
226.11a report to the chairs and ranking minority members of the legislative committees with
226.12jurisdiction over local and state government operations, economic development, and
226.13taxes, and to the commissioners of revenue and employment and economic development,
226.14and the county. The authority and city must also submit the report as provided in section
226.153.195. The report must include:
226.16(1) the adopted development plan and any proposed changes to the development plan;
226.17(2) progress of projects identified in the development plan;
226.18(3) actual costs and financing sources, including the amount paid with state aid under
226.19section 469.46 and required local contributions, of projects completed in the previous two
226.20years by the authority, city, the county, and the medical business entity;
226.21(4) estimated costs and financing sources for projects to be begun in the next two
226.22years by the authority, city, the county, and the medical business entity; and
226.23(5) debt service schedules for all outstanding obligations of the authority and the city
226.24for debt issued for projects identified in the plan.
226.25 Subd. 7. Public infrastructure project; construction requirements. (a) For any
226.26real or personal property acquired, owned, leased, controlled, used, or occupied by the
226.27authority for a public infrastructure project, the authority may contract for construction,
226.28materials, supplies, and equipment in accordance with Minnesota Statutes, section 471.345,
226.29except that the authority may employ or contract with persons, firms, or corporations to
226.30perform one or more or all of the functions of an engineer, architect, construction manager,
226.31or program manager with respect to all or any part of a project to renovate, refurbish,
226.32and remodel the arena under either the traditional separate design and build, integrated
226.33design-build, design-bid-build or construction manager at risk, or a combination thereof.
226.34(b) The authority may prepare a request for proposals for one or more of the
226.35functions described in paragraph (a). The request must be published in a newspaper
226.36of general circulation. The authority may prequalify offerors by issuing a request for
227.1qualifications, in advance of the request for proposals, and select a short list of responsible
227.2offerors to submit proposals.
227.3(c) As provided in the request for proposals, the authority may conduct discussions
227.4and negotiations with responsible offerors in order to determine which proposal is most
227.5advantageous to the goals of the development plan, and to negotiate the terms of an
227.6agreement. In conducting discussions, there shall be no disclosure of any information
227.7derived from proposals submitted by competing offerors and the content of all proposals
227.8is nonpublic data under Minnesota Statutes, chapter 13, until such time as a notice to
227.9award a contract is given by the authority.
227.10(d) Upon agreement on the guaranteed maximum price, the construction manager
227.11or program manager may enter into contracts with subcontractors for labor, materials,
227.12supplies, and equipment for the renovation project through the process of public bidding,
227.13except that the construction manager or program manager may, with the consent of the
227.14authority:
227.15(1) narrow the listing of eligible bidders to those that the construction manager
227.16or program manager determines to possess sufficient expertise to perform the intended
227.17functions;
227.18(2) award contracts to the subcontractors that the construction manager or program
227.19manager determines provide the best value under a request for proposals, as described
227.20in Minnesota Statutes, section 16C.28, subdivision 1, paragraph (a), clause (2), and
227.21paragraph (c), that are not required to be the lowest responsible bidder; and
227.22(3) for work the construction manager or program manager determines to be
227.23critical to the completion schedule, perform work with its own forces without soliciting
227.24competitive bids or proposals, if the construction manager or program manager provides
227.25evidence of competitive pricing.
227.26 Sec. 10.
[469.47] POWERS AND DUTIES.
227.27 Subdivision 1. Powers generally. The authority has the powers of a city under
227.28chapter 462C and the powers of a redevelopment agency under sections 469.152 to
227.29469.1651, in connection with private development in the city for which the authority
227.30has previously undertaken or concurrently undertakes a project financed in whole or in
227.31part with authority revenue or obligations issued pursuant to section 469.48; provided,
227.32however, the authority shall not enter into any revenue agreement pursuant to section
227.33469.155, subdivision 5, with a medical business entity.
227.34 Subd. 2. Projects; project costs. The authority may, within a medical center
227.35development district, undertake public infrastructure projects and finance public
228.1infrastructure project costs. The authority must find by resolution that the public
228.2infrastructure project is consistent with and in furtherance of the approved development
228.3plan. Subject to other applicable law, revenue derived by the authority from any source
228.4may be used by the authority to make loans or grants, or to provide direct or indirect
228.5financial support to state public bodies or to private entities in payment or reimbursement
228.6of project costs.
228.7 Subd. 3. Revenue pooling. The authority may deposit all its money from any
228.8source in one bank account.
228.9 Subd. 4. Acquire property; exemption for taxes. (a) The authority may acquire by
228.10lease, purchase, gift, or devise the needed right, title, and interest in property to create
228.11medical center development districts and undertake projects. The authority may exercise
228.12the power of eminent domain to acquire property for a public use, as defined in section
228.13117.025. It shall pay for the property out of money it receives under sections 469.41 to
228.14469.53. It may hold and dispose of the property subject to the limits and conditions in
228.15sections 469.41 to 469.53. The title to property acquired by eminent domain or purchase
228.16must be in fee simple, absolute. The authority may accept an interest in property acquired
228.17in another way subject to any condition of the grantor or donor. The condition must
228.18be consistent with the proper use of the property under sections 469.41 to 469.53. The
228.19authority may sign options to purchase, sell, or lease property.
228.20(b) Property acquired, owned, leased, controlled, used, or occupied by the authority
228.21for any of the purposes of this section is for public governmental and municipal purposes
228.22and is exempt from taxation by the state or its political subdivisions, except to the extent
228.23that the property is subject to the sales and use tax under chapter 297A. The exemption in
228.24this paragraph applies only while the authority holds property for its own purpose, and is
228.25subject to section 272.02, subdivisions 8 and 39. When the property is sold it becomes
228.26subject to taxation.
228.27 Subd. 5. Subject to city requirements. All projects are subject to the planning,
228.28zoning, sanitary, and building laws, ordinances, regulations, and land use plans applicable
228.29to the city.
228.30 Subd. 6. Sale of property. The authority may sell, convey, and exchange any real
228.31or personal property owned or held by it in any manner and on any terms. Real property
228.32owned by the authority must not be sold, conveyed, exchanged, or have its title transferred
228.33without approval of two-thirds of the members of the board. All members must have ten
228.34days' written notice of a regular or special meeting at which a vote on sale, conveyance,
228.35exchange, or transfer of real property is to be taken. The notice must contain a complete
229.1description of the affected real property. The resolution authorizing the real property
229.2transaction is not effective unless a quorum is present.
229.3 Subd. 7. Contracts. The authority may make contracts for the purpose of economic
229.4development within the powers given it in this subdivision and section 469.46. The
229.5authority may contract or arrange with the federal government, or any of its departments,
229.6with persons, public corporations, the state, or any of its political subdivisions,
229.7commissions, or agencies, for separate or joint action, on any matter related to using
229.8the authority's powers or performing its duties. The authority may contract to purchase
229.9and sell real and personal property. An obligation or expense must not be incurred
229.10by the authority unless existing appropriations together with the reasonably expected
229.11revenue of the authority from other sources are sufficient to discharge the obligation or
229.12pay the expense when due. The state and its municipal subdivisions are not liable on
229.13the obligations of the authority.
229.14 Subd. 8. Contract for services. The authority may contract for the services of
229.15consultants, agents, public accountants, legal counsel, and other persons needed to perform
229.16its duties and exercise its powers. The authority may contract with the city or county to
229.17provide administrative, clerical, and accounting services to the authority.
229.18 Subd. 9. Supplies. The authority may purchase the supplies and materials it needs
229.19to carry out sections 469.41 to 469.52.
229.20 Subd. 10. City purchasing. The authority may, by agreement with the city, use the
229.21facilities and services of the city's purchasing and public works departments in connection
229.22with construction work and to purchase equipment, supplies, or materials.
229.23 Subd. 11. City facilities, services. The city may furnish offices, structures and
229.24space, and clerical, engineering, or other services or assistance to the authority.
229.25 Subd. 12. Delegation power. The authority may delegate to one or more of its
229.26agents powers or duties as it deems proper.
229.27 Subd. 13. Government agent. The authority may cooperate with or act as agent
229.28for the federal or state government, a state public body, or an agency or instrumentality
229.29of a government or a public body to carry out sections 469.41 to 469.52 or any other
229.30related federal, state, or local law.
229.31 Subd. 14. Acceptance of public land. The authority may accept conveyances of
229.32land from all other public agencies, commissions, or other units of government, if the land
229.33can be properly used by the authority in a medical center development district, to carry
229.34out the purposes of this chapter. The city council of the city may transfer or cause to be
229.35transferred to the authority any property owned or controlled by the city and located
229.36within the jurisdiction of the authority. The transfer must be approved by majority vote
230.1of the city council and may be with or without consideration. The city may also put the
230.2property in the possession or control of the authority by a lease or other agreement for a
230.3limited period or in fee.
230.4 Subd. 15. Loans in anticipation of bonds. After authorizing bonds under section
230.5469.52, the authority may borrow to provide money immediately required for the bond
230.6purposes. The loans may not exceed the amount of the bonds. The authority shall by
230.7resolution decide the terms of the loans. The loans must be evidenced by negotiable
230.8notes due in not more than 12 months from the date of the loan payable to the order of
230.9the lender, to be repaid with interest from the proceeds of the bonds when the bonds are
230.10issued and delivered to the bond purchasers. The loan must not be obtained from any
230.11board member of the authority or from any corporation, association, or other institution of
230.12which an authority board member is a stockholder or officer.
230.13 Subd. 16. No tax increment financing powers. The authority is not an authority as
230.14defined in section 469.174, subdivision 2.
230.15 Sec. 11.
[469.48] REVENUE OBLIGATIONS; PLEDGE; COVENANTS.
230.16 Subdivision 1. Powers. The authority may decide by resolution to issue its revenue
230.17bonds, notes, or other obligations either at one time or in series from time to time. The
230.18revenue bonds may be issued to provide money to pay public infrastructure project costs.
230.19The issued bonds may include the amount the authority considers necessary to establish an
230.20initial reserve to pay principal of and interest on the bonds, including capitalized interest,
230.21and to pay the costs of issuance. The resolution shall state how the bonds are to be executed.
230.22 Subd. 2. Form. The bonds of each series issued by the authority under this section
230.23must bear interest at the rate or rates, mature at times not later than 30 years from the date
230.24of issuance, and be fully registered bonds in the form determined by the authority. All
230.25bonds issued under this section must be negotiable instruments.
230.26 Subd. 3. Sale. The sale of revenue bonds issued by the authority may be at public or
230.27private sale. The bonds may be sold in the manner and for the amount that the authority
230.28determines to be in the best interest of the authority. The bonds may be made callable upon
230.29terms as determined by the authority and may be refunded as provided in section 475.67.
230.30 Subd. 4. Agreements. The authority may by resolution make an agreement or
230.31covenant with the bondholders or their trustee if it determines that the agreement or
230.32covenant is needed or desirable to carry out the powers given to the authority under this
230.33section and to ensure that the revenue bonds are marketable and promptly paid.
230.34 Subd. 5. Revenue pledge. (a) In issuing bonds under this section, the authority may
230.35secure payment of the principal and interest on the bonds by:
231.1(1) a pledge of and lien on authority revenue. The revenue must come from the
231.2facility to be acquired, constructed, or improved with the bond proceeds or from other
231.3facilities named in the bond-authorizing resolutions. The authority also may secure the
231.4payment with its promise to impose, maintain, and collect enough rentals, rates, and
231.5charges, for the use and occupancy of the facilities and for services furnished in connection
231.6with the use and occupancy, to pay its current expenses to operate and maintain the named
231.7facilities, and to produce and deposit sufficient net revenue in a special fund to meet the
231.8interest and principal requirements of the bonds, and to collect and keep any more money
231.9required by the resolutions. The authority shall decide what constitutes "current" expense
231.10under this subdivision based on what is normal and reasonable under generally accepted
231.11accounting principles. Revenues pledged by the authority must not be used or pledged for
231.12any other authority purpose unless the other use or pledge is specifically authorized in the
231.13bond-authorizing resolutions; or
231.14(2) payments by a medical business entity and a pledge of and lien on other authority
231.15revenue, including revenue received from the city or the county.
231.16(b) No bonds may be issued by the authority under this subdivision later than
231.1720 years from the date of final enactment of this act, and no bond issued under this
231.18subdivision may have a maturity later than December 31, 2049.
231.19 Subd. 6. Not city, county, or state debt. Revenue bonds, notes, or other obligations
231.20issued under this section are not a debt of the city, county, or state, nor a pledge of the full
231.21faith and credit of the city, county, or state. All obligations under this section are payable
231.22only from revenues described in subdivision 5. A revenue bond must contain on its face a
231.23statement to the effect that the authority does not have to pay the bond or the interest on it
231.24except from the revenues pledged thereto and that the faith, credit, and taxing power of the
231.25city, the county, and the state are not pledged to pay the principal of or interest on the bond.
231.26 Sec. 12.
[469.50] CITY TAX AUTHORITY.
231.27 Subdivision 1. Rochester, other local taxes authorized. (a) Notwithstanding
231.28section
477A.016, or any other contrary provision of law, ordinance, or city charter, and
231.29in addition to any taxes the city may impose on these transactions under another statute
231.30or law, the city of Rochester may, by ordinance, impose at a rate determined by the city,
231.31a tax on the admission receipts to entertainment and recreational facilities, as defined
231.32by ordinance, in the city.
231.33(b) The provisions of section 297A.99, subdivisions 4 to 13, govern the
231.34administration, collection, and enforcement of any tax imposed by the city under
231.35paragraph (a).
232.1(c) The proceeds of any taxes imposed under this subdivision, less refunds and costs
232.2of collection, must be used by the city to fund obligations related to public infrastructure
232.3projects contained in the development plan, including any associated financing costs. Any
232.4tax imposed under paragraph (a) expires at the earlier of December 31, 2041, or when the
232.5city council determines that sufficient funds have been raised from the tax plus all other
232.6local funding sources authorized in this article to meet the city obligation for financing a
232.7public infrastructure project contained in the development plan, including any associated
232.8financing costs.
232.9 Subd. 2. General sales tax authority. The city may elect to extend the existing
232.10local sales and use tax under section 11 or to impose an additional rate of up to one-quarter
232.11of one percent tax on sales and use under section 9.
232.12 Subd. 3. Special abatement rules. (a) If the city or the county elects to use tax
232.13abatement under sections 469.1812 to 469.1815 to finance costs of public infrastructure
232.14projects, the special rules under this subdivision apply.
232.15(b) The limitations under section 469.1813, subdivision 6, do not apply to the city
232.16or the county.
232.17(c) The limitations under section 469.1813, subdivision 8, do not apply and property
232.18taxes abated by the city or the county to finance costs of public infrastructure projects are
232.19not included for purposes of applying section 469.1813, subdivision 8, to the use of tax
232.20abatement for other purposes of the city or the county; however, the total amount of property
232.21taxes abated by the city and the county under this authority must not exceed $87,750,000.
232.22 Subd. 4. Special tax increment financing rules. If the city elects to establish
232.23a redevelopment tax increment financing district or districts within the area of the
232.24destination medical center development district, the requirements of section 469.174,
232.25subdivision 10, restricting the geographic areas that may be designated as a district do not
232.26apply and increments from the district are not required to be spent in accordance with the
232.27requirements of section 469.176, subdivision 4j.
232.28 Sec. 13.
[469.52] STATE INFRASTRUCTURE AID.
232.29 Subdivision 1. Definitions. (a) For purposes of this section, the following terms
232.30have the meanings given them.
232.31(b) "Commissioner" means the commissioner of employment and economic
232.32development.
232.33(c) "Construction projects" means construction of buildings in the city for which the
232.34building permit was issued after June 30, 2013.
233.1(d) "Expenditures" means expenditures made by a medical business entity, including
233.2any affiliated entities, on construction projects for the capital cost of the project, including
233.3but not limited to:
233.4(1) design and predesign, including architectural, engineering, and similar services;
233.5(2) legal, regulatory, and other compliance costs of the project;
233.6(3) land acquisition, demolition of existing improvements, and other site preparation
233.7costs;
233.8(4) construction costs including all materials and supplies of the project; and
233.9(5) equipment and furnishings that are attached to or become part of the real property.
233.10Expenditures exclude supplies and other items with a useful life of less than a year that
233.11are not used or consumed in constructing improvements to real property or are otherwise
233.12chargeable to capital costs.
233.13(e) "Qualified expenditures" has the following meaning. In the first year in which
233.14aid is paid under this section "qualified expenditures" mean the total certified expenditures
233.15since June 30, 2013, through the end of the previous calendar year minus $250,000,000.
233.16For subsequent years "qualified expenditures" mean the certified expenditures for the
233.17previous calendar year.
233.18(f) "Transportation costs" means the portions of a public infrastructure project
233.19that are for public transportation intended primarily to serve the district, such as transit
233.20stations, equipment, right-of-way, and similar costs.
233.21 Subd. 2. Certification of expenditures. By April 1 of each year, the medical
233.22business entity must certify to the commissioner the amount of expenditures made in the
233.23prior calendar year. The certification must be made in the form that the commissioner
233.24prescribes and include any documentation of and supporting information regarding the
233.25expenditures that the commissioner requires. By August 1 of each year, the commissioner
233.26shall determine the amount of the expenditures for the prior calendar year.
233.27 Subd. 3. General state infrastructure aid. (a) General state infrastructure aid may
233.28not be paid out under this section until total expenditures exceed $250,000,000.
233.29(b) The amount of the general state infrastructure aid for a fiscal year equals the sum
233.30of qualified expenditures, multiplied by 3.0 percent. If the commissioner determines
233.31that the city has made the required matching local contribution under subdivision 4, the
233.32commissioner shall pay to the authority the amount of general state infrastructure aid for
233.33the year by September 1.
233.34(c) The commissioner, in consultation with the commissioner of management and
233.35budget and representatives of the city and the corporation, shall establish a total limit on
233.36the amount of state aid payable under this subdivision that is sufficient, in combination
234.1with the local contribution, to pay for $455,000,000 of general public infrastructure
234.2projects, plus financing costs.
234.3 Subd. 4. General aid; local matching contribution. In order to qualify for general
234.4state infrastructure aid, the city must enter a written agreement with the commissioner that
234.5requires the city to make a qualifying local matching contribution to pay for $128,000,000
234.6of the cost of public infrastructure projects, including associated financing costs, using
234.7funds other than state aid received under this section. This agreement must provide for the
234.8manner, timing, and amounts of the city contributions, including the city's commitment for
234.9each year. The commissioner and city may agree to amend the agreement at any time in
234.10light of new information or other appropriate factors. The city may enter arrangements
234.11with the county to pay for or otherwise meet the local matching contribution requirement.
234.12 Subd. 5. State transit aid. (a) The city qualifies for state transit aid under this
234.13section if:
234.14(1) the county has elected to impose the transit sales tax under section 469.51 for a
234.15calendar year; and
234.16(2) the county contributes the required local matching contribution under subdivision
234.176 or the city or county have agreed to make an equivalent contribution out of other funds.
234.18(b) The amount of the state transit aid for a fiscal year equals the sum of qualified
234.19expenditures, as certified by the commissioner for the prior calendar year, multiplied
234.20by 0.75 percent, reduced by the amount of the local contribution under subdivision 6.
234.21The maximum amount of state transit aid payable in any year is limited to no more than
234.22$7,500,000. If the aid entitlement for the year exceeds the maximum annual limit, the
234.23excess is an aid carryover to later years. The carryover aid must be paid in the first year
234.24in which the aid entitlement for the current year is less than the maximum annual limit,
234.25but only to the extent the carryover, when added to the current year aid, is less than the
234.26maximum annual limit.
234.27 (c) The commissioner, in consultation with the commissioner of management and
234.28budget and representatives of the city and the corporation, shall establish a total limit on
234.29the amount of state aid payable under this subdivision that is sufficient, in combination
234.30with the local contribution, to pay for $116,000,000 of general public infrastructure
234.31projects, plus associated financing costs.
234.32 Subd. 6. Transit aid; local matching contribution. (a) The required local matching
234.33contribution for state transit aid equals the amount that would be raised by a 0.15 percent
234.34sales tax imposed by the county in the prior calendar year. The county may impose the
234.35sales tax under section 469.51 to meet this obligation.
235.1(b) If the county elects not to impose the tax authorized under section 469.51, the
235.2county or city or both may agree to make the local contribution out of other available
235.3funds, other than state aid payable under this section. The commissioner of revenue shall
235.4estimate the required amount and certify it to the commissioner, city, and county.
235.5 Subd. 7. Termination. No aid may be paid under this section after fiscal year 2046.
235.6 Subd. 8. Appropriation. An amount sufficient to pay the state general infrastructure
235.7and state transit aid authorized under this section is appropriated to the commissioner
235.8from the general fund.
235.9 Sec. 14. Laws 1998, chapter 389, article 8, section 43, subdivision 1, is amended to read:
235.10 Subdivision 1.
Sales and use taxes authorized. (a) Notwithstanding Minnesota
235.11Statutes, section
477A.016, or any other contrary provision of law, ordinance, or city
235.12charter, upon termination of the taxes authorized under Laws 1992, chapter 511, article
235.138, section 33, subdivision 1, and if approved by the voters of the city at a general or
235.14special election held within one year of the date of final enactment of this act, the city of
235.15Rochester may, by ordinance, impose an additional sales and use tax of up to one-half
235.16of one percent. The provisions of Minnesota Statutes, section
297A.48, 297A.99 govern
235.17the imposition, administration, collection, and enforcement of the tax authorized under
235.18this
subdivision paragraph.
235.19 (b) Notwithstanding Minnesota Statutes, sections 297A.99 and 477A.016, or any
235.20other contrary provision of law, ordinance, or charter, the city of Rochester may, by
235.21ordinance, impose an additional sales and use tax of up to one quarter of one percent. The
235.22provisions of Minnesota Statutes, section 297A.99, subdivisions 1 and 4 to 13, govern
235.23the imposition, administration, collection, and enforcement of the tax authorized under
235.24this paragraph.
235.25 Sec. 15. Laws 1998, chapter 389, article 8, section 43, subdivision 3, as amended by
235.26Laws 2005, First Special Session chapter 3, article 5, section 28, and Laws 2011, First
235.27Special Session chapter 7, article 4, section 5, is amended to read:
235.28 Subd. 3.
Use of revenues. (a) Revenues received from the taxes authorized by
235.29subdivisions 1
, paragraph (a), and 2 must be used by the city to pay for the cost of
235.30collecting and administering the taxes and to pay for the following projects:
235.31 (1) transportation infrastructure improvements including regional highway and
235.32airport improvements;
235.33 (2) improvements to the civic center complex;
236.1 (3) a municipal water, sewer, and storm sewer project necessary to improve regional
236.2ground water quality; and
236.3 (4) construction of a regional recreation and sports center and other higher education
236.4facilities available for both community and student use.
236.5 (b) The total amount of capital expenditures or bonds for projects listed in paragraph
236.6(a) that may be paid from the revenues raised from the taxes authorized in this section
236.7may not exceed $111,500,000. The total amount of capital expenditures or bonds for the
236.8project in clause (4) that may be paid from the revenues raised from the taxes authorized
236.9in this section may not exceed $28,000,000.
236.10(c) In addition to the projects authorized in paragraph (a) and not subject to the
236.11amount stated in paragraph (b), the city of Rochester may, if approved by the voters at an
236.12election under subdivision 5, paragraph (c), use the revenues received from the taxes and
236.13bonds authorized in this section to pay the costs of or bonds for the following purposes:
236.14(1) $17,000,000 for capital expenditures and bonds for the following Olmsted
236.15County transportation infrastructure improvements:
236.16(i) County State Aid Highway 34 reconstruction;
236.17(ii) Trunk Highway 63 and County State Aid Highway 16 interchange;
236.18(iii) phase II of the Trunk Highway 52 and County State Aid Highway 22 interchange;
236.19(iv) widening of County State Aid Highway 22 West Circle Drive; and
236.20(v) 60th Avenue Northwest corridor preservation;
236.21(2) $30,000,000 for city transportation projects including:
236.22(i) Trunk Highway 52 and 65th Street interchange;
236.23(ii) NW transportation corridor acquisition;
236.24(iii) Phase I of the Trunk Highway 52 and County State Aid Highway 22 interchange;
236.25(iv) Trunk Highway 14 and Trunk Highway 63 intersection;
236.26(v) Southeast transportation corridor acquisition;
236.27(vi) Rochester International Airport expansion; and
236.28(vii) a transit operations center bus facility;
236.29(3) $14,000,000 for the University of Minnesota Rochester academic and
236.30complementary facilities;
236.31(4) $6,500,000 for the Rochester Community and Technical College/Winona State
236.32University career technical education and science and math facilities;
236.33(5) $6,000,000 for the Rochester Community and Technical College regional
236.34recreation facilities at University Center Rochester;
236.35(6) $20,000,000 for the Destination Medical Community Initiative;
236.36(7) $8,000,000 for the regional public safety and 911 dispatch center facilities;
237.1(8) $20,000,000 for a regional recreation/senior center;
237.2(9) $10,000,000 for an economic development fund; and
237.3(10) $8,000,000 for downtown infrastructure.
237.4(d) No revenues from the taxes raised from the taxes authorized in subdivisions 1
237.5and 2 may be used to fund transportation improvements related to a railroad bypass that
237.6would divert traffic from the city of Rochester.
237.7(e) The city shall use $5,000,000 of the money allocated to the purpose in paragraph
237.8(c), clause (9), for grants to the cities of Byron, Chatfield, Dodge Center, Dover, Elgin,
237.9Eyota, Kasson, Mantorville, Oronoco, Pine Island, Plainview, St. Charles, Stewartville,
237.10Zumbrota, Spring Valley, West Concord,
and Hayfield
, Racine, Grand Meadow, Dexter,
237.11Wanamingo, and Mazeppa for economic development projects that these communities
237.12would fund through their economic development authority or housing and redevelopment
237.13authority.
237.14(f) Notwithstanding Minnesota Statutes, section
297A.99, subdivisions 2 and 3, if
237.15the city decides to extend the taxes in subdivisions 1, paragraph (a), and 2, as allowed
237.16under subdivision 5, paragraph (c), the city must use any amount in excess of the amount
237.17necessary to meet obligations under paragraphs (a) to (c) from those taxes to fund
237.18obligations, including associated financing costs, related to public infrastructure projects
237.19in the development plan adopted under Minnesota Statutes, section 469.42.
237.20(g) Revenues from the tax under subdivision 1, paragraph (b), must be used to
237.21fund obligations, including associated financing costs, related to the public infrastructure
237.22projects contained in the development plan adopted by the city under Minnesota Statutes,
237.23section 469.42.
237.24 Sec. 16. Laws 1998, chapter 389, article 8, section 43, subdivision 5, as amended by
237.25Laws 2005, First Special Session chapter 3, article 5, section 30, and Laws 2011, First
237.26Special Session chapter 7, article 4, section 7, is amended to read:
237.27 Subd. 5.
Termination of taxes. (a) The taxes imposed under subdivisions 1 and 2
237.28expire at the later of (1) December 31, 2009, or (2) when the city council determines that
237.29sufficient funds have been received from the taxes to finance the first $71,500,000 of capital
237.30expenditures and bonds for the projects authorized in subdivision 3, including the amount to
237.31prepay or retire at maturity the principal, interest, and premium due on any bonds issued for
237.32the projects under subdivision 4, unless the taxes are extended as allowed in paragraph (b).
237.33Any funds remaining after completion of the project and retirement or redemption of the
237.34bonds shall also be used to fund the projects under subdivision 3. The taxes imposed under
237.35subdivisions 1 and 2 may expire at an earlier time if the city so determines by ordinance.
238.1 (b) Notwithstanding Minnesota Statutes, sections
297A.99 and
477A.016, or any
238.2other contrary provision of law, ordinance, or city charter, the city of Rochester may, by
238.3ordinance, extend the taxes authorized in subdivisions 1 and 2 beyond December 31, 2009,
238.4if approved by the voters of the city at a special election in 2005 or the general election in
238.52006. The question put to the voters must indicate that an affirmative vote would allow
238.6up to an additional $40,000,000 of sales tax revenues be raised and up to $40,000,000
238.7of bonds to be issued above the amount authorized in the June 23, 1998, referendum for
238.8the projects specified in subdivision 3. If the taxes authorized in subdivisions 1 and 2 are
238.9extended under this paragraph, the taxes expire when the city council determines that
238.10sufficient funds have been received from the taxes to finance the projects and to prepay
238.11or retire at maturity the principal, interest, and premium due on any bonds issued for the
238.12projects under subdivision 4. Any funds remaining after completion of the project and
238.13retirement or redemption of the bonds may be placed in the general fund of the city.
238.14(c) Notwithstanding Minnesota Statutes, sections
297A.99 and
477A.016, or any
238.15other contrary provision of law, ordinance, or city charter, the city of Rochester may,
238.16by ordinance, extend the taxes authorized in subdivisions 1
, paragraph (a), and 2
up to
238.17December 31, 2046, provided that all additional revenues above those necessary to fund
238.18the projects and associated financing costs listed in subdivision 3, paragraphs (a) to (e),
238.19are committed to fund public infrastructure projects contained in the development plan
238.20adopted under Minnesota Statutes, section 469.42, including all associated financing
238.21costs; otherwise the taxes terminate when beyond the date the city council determines
238.22that sufficient funds have been received from the taxes to finance
$111,500,000 of the
238.23expenditures and bonds for the projects authorized in subdivision 3,
paragraph (a)
238.24 paragraphs (a) to (e), plus an amount equal to the costs of issuance of the bonds and
238.25including the amount to prepay or retire at maturity the principal, interest, and premiums
238.26due on any bonds issued for the projects under subdivision 4
, paragraph (a), if approved
238.27by the voters of the city at the general election in 2012. If the election to authorize the
238.28additional $139,500,000 of bonds plus an amount equal to the costs of the issuance of the
238.29bonds is placed on the general election ballot in 2012, the city may continue to collect the
238.30taxes authorized in subdivisions 1 and 2 until December 31, 2012. The question put to
238.31the voters must indicate that an affirmative vote would allow sales tax revenues be raised
238.32for an extended period of time and an additional $139,500,000 of bonds plus an amount
238.33equal to the costs of issuance of the bonds, to be issued above the amount authorized in
238.34the previous elections required under paragraphs (a) and (b) for the projects and amounts
238.35specified in subdivision 3. If the taxes authorized in subdivisions 1 and 2 are extended
238.36under this paragraph, the taxes expire when the city council determines that $139,500,000
239.1has been received from the taxes to finance the projects plus an amount sufficient to
239.2prepay or retire at maturity the principal, interest, and premium due on any bonds issued
239.3for the projects under subdivision 4, including any bonds issued to refund the bonds. Any
239.4funds remaining after completion of the projects and retirement or redemption of the
239.5bonds may be placed in the general fund of the city.
239.6(d) The tax imposed under subdivision 1, paragraph (b), expires at the earlier of
239.72046, or when the city council determines that sufficient funds have been raised from the
239.8tax plus all other city funding sources authorized in this article to meet the city obligation
239.9for financing the public infrastructure projects contained in the development plan adopted
239.10under Minnesota Statutes, section 469.42, including all associated financing costs.
239.11 Sec. 17. Laws 2002, chapter 377, article 3, section 25, as amended by Laws 2009,
239.12chapter 88, article 4, section 19, and Laws 2010, chapter 389, article 5, section 3, is
239.13amended to read:
239.14 Sec. 25.
ROCHESTER LODGING TAX.
239.15 Subdivision 1.
Authorization. Notwithstanding Minnesota Statutes, section
239.16469.190
or
477A.016, or any other law, the city of Rochester may impose an additional
239.17tax of one percent on the gross receipts from the furnishing for consideration of lodging at
239.18a hotel, motel, rooming house, tourist court, or resort, other than the renting or leasing of it
239.19for a continuous period of 30 days or more.
239.20 Subd. 1a.
Authorization. Notwithstanding Minnesota Statutes, section
469.190 or
239.21477A.016
, or any other law, and in addition to the tax authorized by subdivision 1, the city
239.22of Rochester may impose an additional tax of one percent on the gross receipts from the
239.23furnishing for consideration of lodging at a hotel, motel, rooming house, tourist court, or
239.24resort, other than the renting or leasing of it for a continuous period of 30 days or more only
239.25upon the approval of the city governing body of a total financial package for the project.
239.26 Subd. 1b. Authorization. Notwithstanding Minnesota Statutes, section 469.190 or
239.27477A.016, or any other law, and in addition to the taxes authorized by subdivisions 1 and 1a,
239.28the city of Rochester may impose an additional tax of 3 percent on the gross receipts from
239.29the furnishing for consideration of lodging at a hotel, motel, rooming house, tourist court,
239.30or resort, other than the renting or leasing of it for a continuous period of 30 days or more.
239.31 Subd. 2.
Disposition of proceeds. (a) The gross proceeds from the tax imposed
239.32under subdivision 1 must be used by the city to fund a local convention or tourism bureau
239.33for the purpose of marketing and promoting the city as a tourist or convention center.
239.34(b) The gross proceeds from the one percent tax imposed under subdivision 1a
239.35and the three percent tax imposed under subdivision 1b shall be used to pay for (1)
240.1construction, renovation, improvement, and expansion of the Mayo Civic Center and
240.2related skyway access, lighting, parking, or landscaping; and (2) for payment of any
240.3principal, interest, or premium on bonds issued to finance the construction, renovation,
240.4improvement, and expansion of the Mayo Civic Center Complex.
240.5 Subd. 2a.
Bonds. The city of Rochester may issue, without an election, general
240.6obligation bonds of the city, in one or more series, in the aggregate principal amount
240.7not to exceed $43,500,000, to pay for capital and administrative costs for the design,
240.8construction, renovation, improvement, and expansion of the Mayo Civic Center Complex,
240.9and related skyway, access, lighting, parking, and landscaping. The city may pledge
240.10the lodging tax authorized by subdivision 1a and the food and beverage tax authorized
240.11under Laws 2009, chapter 88, article 4, section 23, to the payment of the bonds. The debt
240.12represented by the bonds is not included in computing any debt limitations applicable to
240.13the city, and the levy of taxes required by Minnesota Statutes, section
475.61, to pay the
240.14principal of and interest on the bonds is not subject to any levy limitation or included in
240.15computing or applying any levy limitation applicable to the city.
240.16 Subd. 3.
Expiration of taxing authority. (a) The authority of the city to impose a
240.17tax under subdivision 1a shall expire when the principal and interest on any bonds or other
240.18obligations issued prior to December 31, 2014, to finance the construction, renovation,
240.19improvement, and expansion of the Mayo Civic Center Complex and related skyway
240.20access, lighting, parking, or landscaping have been paid, including any bonds issued to
240.21refund such bonds, or at an earlier time as the city shall, by ordinance, determine. Any
240.22funds remaining after completion of the project and retirement or redemption of the bonds
240.23shall be placed in the general fund of the city.
240.24(b) The authority of the city to impose a tax under subdivision 1b shall expire at the
240.25earlier of December 31, 2046, or when the city council determines that sufficient funds
240.26have been raised from the tax, plus all other local funding sources authorized in this article
240.27to meet the city obligation for financing a public infrastructure project contained in the
240.28development plan, including associated financing costs.
240.29 Sec. 18.
EFFECTIVE DATE.
240.30Except as otherwise provided, this article is effective the day after the governing
240.31body of the city of Rochester and its chief clerical officer timely comply with Minnesota
240.32Statutes, section 645.021, subdivisions 2 and 3.
241.3 Section 1. Minnesota Statutes 2012, section 126C.48, subdivision 8, is amended to read:
241.4 Subd. 8.
Taconite payment and other reductions. (1) Reductions in levies
241.5pursuant to subdivision 1 must be made prior to the reductions in clause (2).
241.6(2) Notwithstanding any other law to the contrary, districts that have revenue
241.7pursuant to sections
298.018;
298.225;
298.24 to
298.28, except an amount distributed
241.8under sections
298.26;
298.28, subdivision 4, paragraphs (c), clause (ii), and (d);
298.34
241.9to
298.39;
298.391 to
298.396;
298.405;
477A.15; and any law imposing a tax upon
241.10severed mineral values must reduce the levies authorized by this chapter and chapters
241.11120B, 122A, 123A, 123B, 124A, 124D, 125A, and 127A by 95 percent of
the sum of the
241.12previous year's revenue specified under this clause
and the amount attributable to the same
241.13production year distributed to the cities and townships within the school district under
241.14section 298.28, subdivision 2, paragraph (c).
241.15(3) The amount of any voter approved referendum, facilities down payment, and
241.16debt levies shall not be reduced by more than 50 percent under this subdivision. In
241.17administering this paragraph, the commissioner shall first reduce the nonvoter approved
241.18levies of a district; then, if any payments, severed mineral value tax revenue or recognized
241.19revenue under paragraph (2) remains, the commissioner shall reduce any voter approved
241.20referendum levies authorized under section
126C.17; then, if any payments, severed
241.21mineral value tax revenue or recognized revenue under paragraph (2) remains, the
241.22commissioner shall reduce any voter approved facilities down payment levies authorized
241.23under section
123B.63 and then, if any payments, severed mineral value tax revenue or
241.24recognized revenue under paragraph (2) remains, the commissioner shall reduce any
241.25voter approved debt levies.
241.26(4) Before computing the reduction pursuant to this subdivision of the health and
241.27safety levy authorized by sections
123B.57 and
126C.40, subdivision 5, the commissioner
241.28shall ascertain from each affected school district the amount it proposes to levy under
241.29each section or subdivision. The reduction shall be computed on the basis of the amount
241.30so ascertained.
241.31(5) To the extent the levy reduction calculated under paragraph (2) exceeds the
241.32limitation in paragraph (3), an amount equal to the excess must be distributed from the
241.33school district's distribution under sections
298.225,
298.28, and
477A.15 in the following
241.34year to the cities and townships within the school district in the proportion that their
241.35taxable net tax capacity within the school district bears to the taxable net tax capacity of
242.1the school district for property taxes payable in the year prior to distribution. No city or
242.2township shall receive a distribution greater than its levy for taxes payable in the year prior
242.3to distribution. The commissioner of revenue shall certify the distributions of cities and
242.4towns under this paragraph to the county auditor by September 30 of the year preceding
242.5distribution. The county auditor shall reduce the proposed and final levies of cities and
242.6towns receiving distributions by the amount of their distribution. Distributions to the cities
242.7and towns shall be made at the times provided under section
298.27.
242.8EFFECTIVE DATE.This section is effective for levies certified in 2013 and later.
242.9 Sec. 2. Minnesota Statutes 2012, section 298.17, is amended to read:
242.10298.17 OCCUPATION TAXES TO BE APPORTIONED.
242.11(a) All occupation taxes paid by persons, copartnerships, companies, joint stock
242.12companies, corporations, and associations, however or for whatever purpose organized,
242.13engaged in the business of mining or producing iron ore or other ores, when collected
242.14shall be apportioned and distributed in accordance with the Constitution of the state of
242.15Minnesota, article X, section 3, in the manner following: 90 percent shall be deposited
242.16in the state treasury and credited to the general fund of which four-ninths shall be used
242.17for the support of elementary and secondary schools; and ten percent of the proceeds of
242.18the tax imposed by this section shall be deposited in the state treasury and credited to the
242.19general fund for the general support of the university.
242.20(b) Of the moneys apportioned to the general fund by this section
: (1) there is
242.21annually appropriated and credited to the mining environmental and regulatory account in
242.22the special revenue fund an amount equal to that which would have been generated by a five
242.23cent tax imposed by section
298.24 on each taxable ton produced in the preceding calendar
242.24year. Money in the mining environmental and regulatory account is appropriated annually
242.25to the commissioner of natural resources to fund agency staff to work on environmental
242.26issues and provide regulatory services for ferrous and nonferrous mining operations in this
242.27state. Payment to the mining environmental and regulatory account shall be made by July
242.281 annually. The commissioner of natural resources shall execute an interagency agreement
242.29with the pollution control agency to assist with the provision of environmental regulatory
242.30services such as monitoring and permitting required for ferrous and nonferrous mining
242.31operations; and (2) there is annually appropriated and credited to the Iron Range Resources
242.32and Rehabilitation Board account in the special revenue fund an amount equal to that which
242.33would have been generated by a 1.5 cent tax imposed by section
298.24 on each taxable ton
242.34produced in the preceding calendar year, to be expended for the purposes of section
298.22.
243.1The money appropriated pursuant to
this section clause (2) shall be used
(1) (i)
243.2 to provide environmental development grants to local governments located within any
243.3county in region 3 as defined in governor's executive order number 60, issued on June
243.412, 1970, which does not contain a municipality qualifying pursuant to section
273.134,
243.5paragraph (b)
, or
(2) (ii) to provide economic development loans or grants to businesses
243.6located within any such county, provided that the county board or an advisory group
243.7appointed by the county board to provide recommendations on economic development
243.8shall make recommendations to the Iron Range Resources and Rehabilitation Board
243.9regarding the loans. Payment to the Iron Range Resources and Rehabilitation Board
243.10account shall be made by May 15 annually.
243.11(c) Of the money allocated to Koochiching County, one-third must be paid to the
243.12Koochiching County Economic Development Commission.
243.13EFFECTIVE DATE.This section is effective beginning for the 2013 production
243.14year.
243.15 Sec. 3. Minnesota Statutes 2012, section 298.227, as amended by Laws 2013, chapter
243.163, section 17, is amended to read:
243.17298.227 TACONITE ECONOMIC DEVELOPMENT FUND.
243.18 (a) An amount equal to that distributed pursuant to each taconite producer's taxable
243.19production and qualifying sales under section
298.28, subdivision 9a, shall be held by
243.20the Iron Range Resources and Rehabilitation Board in a separate taconite economic
243.21development fund for each taconite and direct reduced ore producer. Money from the
243.22fund for each producer shall be released by the commissioner after review by a joint
243.23committee consisting of an equal number of representatives of the salaried employees and
243.24the nonsalaried production and maintenance employees of that producer. The District 11
243.25director of the United States Steelworkers of America, on advice of each local employee
243.26president, shall select the employee members. In nonorganized operations, the employee
243.27committee shall be elected by the nonsalaried production and maintenance employees. The
243.28review must be completed no later than six months after the producer presents a proposal
243.29for expenditure of the funds to the committee. The funds held pursuant to this section may
243.30be released only for workforce development and associated public facility improvement,
243.31or for acquisition of plant and stationary mining equipment and facilities for the producer
243.32or for research and development in Minnesota on new mining, or taconite, iron, or steel
243.33production technology, but only if the producer provides a matching expenditure to be used
243.34for the same purpose of at least
50 percent equal to the amount of the distribution
based on
244.114.7 cents per ton beginning with distributions in
2002 2013. Effective for proposals for
244.2expenditures of money from the fund beginning May 26, 2007, the commissioner may not
244.3release the funds before the next scheduled meeting of the board. If a proposed expenditure
244.4is not approved by the board, the funds must be deposited in the Taconite Environmental
244.5Protection Fund under sections
298.222 to
298.225. If a producer uses money which has
244.6been released from the fund prior to May 26, 2007 to procure haulage trucks, mobile
244.7equipment, or mining shovels, and the producer removes the piece of equipment from the
244.8taconite tax relief area defined in section
273.134 within ten years from the date of receipt
244.9of the money from the fund, a portion of the money granted from the fund must be repaid
244.10to the taconite economic development fund. The portion of the money to be repaid is 100
244.11percent of the grant if the equipment is removed from the taconite tax relief area within 12
244.12months after receipt of the money from the fund, declining by ten percent for each of the
244.13subsequent nine years during which the equipment remains within the taconite tax relief
244.14area. If a taconite production facility is sold after operations at the facility had ceased, any
244.15money remaining in the fund for the former producer may be released to the purchaser of
244.16the facility on the terms otherwise applicable to the former producer under this section. If
244.17a producer fails to provide matching funds for a proposed expenditure within six months
244.18after the commissioner approves release of the funds, the funds are available for release to
244.19another producer in proportion to the distribution provided and under the conditions of
244.20this section. Any portion of the fund which is not released by the commissioner within
244.21one year of its deposit in the fund shall be divided between the taconite environmental
244.22protection fund created in section
298.223 and the Douglas J. Johnson economic protection
244.23trust fund created in section
298.292 for placement in their respective special accounts.
244.24Two-thirds of the unreleased funds shall be distributed to the taconite environmental
244.25protection fund and one-third to the Douglas J. Johnson economic protection trust fund.
244.26 (b)(i) Notwithstanding the requirements of paragraph (a), setting the amount of
244.27distributions and the review process, an amount equal to ten cents per taxable ton of
244.28production in 2007, for distribution in 2008 only, that would otherwise be distributed
244.29under paragraph (a), may be used for a loan or grant for the cost of providing for a
244.30value-added wood product facility located in the taconite tax relief area and in a county
244.31that contains a city of the first class. This amount must be deducted from the distribution
244.32under paragraph (a) for which a matching expenditure by the producer is not required. The
244.33granting of the loan or grant is subject to approval by the board. If the money is provided
244.34as a loan, interest must be payable on the loan at the rate prescribed in section
298.2213,
244.35subdivision 3
. (ii) Repayments of the loan and interest, if any, must be deposited in the
244.36taconite environment protection fund under sections
298.222 to
298.225. If a loan or
245.1grant is not made under this paragraph by July 1, 2012, the amount that had been made
245.2available for the loan under this paragraph must be transferred to the taconite environment
245.3protection fund under sections
298.222 to
298.225. (iii) Money distributed in 2008 to the
245.4fund established under this section that exceeds ten cents per ton is available to qualifying
245.5producers under paragraph (a) on a pro rata basis.
245.6(c) Repayment or transfer of money to the taconite environmental protection fund
245.7under paragraph (b), item (ii), must be allocated by the Iron Range Resources and
245.8Rehabilitation Board for public works projects in house legislative districts in the same
245.9proportion as taxable tonnage of production in 2007 in each house legislative district, for
245.10distribution in 2008, bears to total taxable tonnage of production in 2007, for distribution
245.11in 2008. Notwithstanding any other law to the contrary, expenditures under this paragraph
245.12do not require approval by the governor. For purposes of this paragraph, "house legislative
245.13districts" means the legislative districts in existence on May 15, 2009.
245.14EFFECTIVE DATE.This section is effective beginning for the 2013 distribution.
245.15 Sec. 4. Minnesota Statutes 2012, section 298.24, subdivision 1, is amended to read:
245.16 Subdivision 1.
Imposed; calculation. (a) For concentrate produced in
2001, 2002,
245.17and 2003 2013, there is imposed upon taconite and iron sulphides, and upon the mining
245.18and quarrying thereof, and upon the production of iron ore concentrate therefrom, and
245.19upon the concentrate so produced, a tax of
$2.103 $2.56 per gross ton of merchantable
245.20iron ore concentrate produced therefrom.
For concentrates produced in 2005, the tax rate
245.21is the same rate imposed for concentrates produced in 2004. For concentrates produced in
245.222009 and subsequent years, The tax is also imposed upon other iron-bearing material.
245.23 (b) For concentrates produced in
2006 2014 and subsequent years, the tax rate shall
245.24be equal to the preceding year's tax rate plus an amount equal to the preceding year's tax
245.25rate multiplied by the percentage increase in the implicit price deflator from the fourth
245.26quarter of the second preceding year to the fourth quarter of the preceding year. "Implicit
245.27price deflator" means the implicit price deflator for the gross domestic product prepared by
245.28the Bureau of Economic Analysis of the United States Department of Commerce.
245.29 (c) An additional tax is imposed equal to three cents per gross ton of merchantable
245.30iron ore concentrate for each one percent that the iron content of the product exceeds 72
245.31percent, when dried at 212 degrees Fahrenheit.
245.32 (d) The tax on taconite and iron sulphides shall be imposed on the average of the
245.33production for the current year and the previous two years. The rate of the tax imposed
245.34will be the current year's tax rate. This clause shall not apply in the case of the closing
245.35of a taconite facility if the property taxes on the facility would be higher if this clause
246.1and section
298.25 were not applicable. The tax on other iron-bearing material shall be
246.2imposed on the current year production.
246.3 (e) If the tax or any part of the tax imposed by this subdivision is held to be
246.4unconstitutional, a tax of $2.103 per gross ton of merchantable iron ore concentrate
246.5produced shall be imposed.
246.6 (f) Consistent with the intent of this subdivision to impose a tax based upon the
246.7weight of merchantable iron ore concentrate, the commissioner of revenue may indirectly
246.8determine the weight of merchantable iron ore concentrate included in fluxed pellets by
246.9subtracting the weight of the limestone, dolomite, or olivine derivatives or other basic
246.10flux additives included in the pellets from the weight of the pellets. For purposes of this
246.11paragraph, "fluxed pellets" are pellets produced in a process in which limestone, dolomite,
246.12olivine, or other basic flux additives are combined with merchantable iron ore concentrate.
246.13No subtraction from the weight of the pellets shall be allowed for binders, mineral and
246.14chemical additives other than basic flux additives, or moisture.
246.15 (g)(1) Notwithstanding any other provision of this subdivision, for the first two years
246.16of a plant's commercial production of direct reduced ore from ore mined in this state, no
246.17tax is imposed under this section. As used in this paragraph, "commercial production" is
246.18production of more than 50,000 tons of direct reduced ore in the current year or in any prior
246.19year, "noncommercial production" is production of 50,000 tons or less of direct reduced ore
246.20in any year, and "direct reduced ore" is ore that results in a product that has an iron content
246.21of at least 75 percent. For the third year of a plant's commercial production of direct
246.22reduced ore, the rate to be applied to direct reduced ore is 25 percent of the rate otherwise
246.23determined under this subdivision. For the fourth commercial production year, the rate is
246.2450 percent of the rate otherwise determined under this subdivision; for the fifth commercial
246.25production year, the rate is 75 percent of the rate otherwise determined under this
246.26subdivision; and for all subsequent commercial production years, the full rate is imposed.
246.27 (2) Subject to clause (1), production of direct reduced ore in this state is subject to
246.28the tax imposed by this section, but if that production is not produced by a producer of
246.29taconite, iron sulfides, or other iron-bearing material, the production of taconite, iron
246.30sulfides, or other iron-bearing material, that is consumed in the production of direct
246.31reduced iron in this state is not subject to the tax imposed by this section on taconite,
246.32iron sulfides, or other iron-bearing material.
246.33 (3) Notwithstanding any other provision of this subdivision, no tax is imposed
246.34on direct reduced ore under this section during the facility's noncommercial production
246.35of direct reduced ore. The taconite or iron sulphides consumed in the noncommercial
246.36production of direct reduced ore is subject to the tax imposed by this section on taconite
247.1and iron sulphides. Three-year average production of direct reduced ore does not
247.2include production of direct reduced ore in any noncommercial year. Three-year average
247.3production for a direct reduced ore facility that has noncommercial production is the
247.4average of the commercial production of direct reduced ore for the current year and the
247.5previous two commercial years.
247.6 (4) This paragraph applies only to plants for which all environmental permits have
247.7been obtained and construction has begun before July 1, 2008.
247.8EFFECTIVE DATE.This section is effective beginning for the 2013 production
247.9year.
247.10 Sec. 5. Minnesota Statutes 2012, section 298.28, subdivision 4, is amended to read:
247.11 Subd. 4.
School districts. (a)
23.15 32.15 cents per taxable ton, plus the increase
247.12provided in paragraph (d), less the amount that would have been computed under
247.13Minnesota Statutes 2008, section
126C.21, subdivision 4, for the current year for that
247.14district, must be allocated to qualifying school districts to be distributed, based upon the
247.15certification of the commissioner of revenue, under paragraphs (b), (c), and (f).
247.16 (b)(i) 3.43 cents per taxable ton must be distributed to the school districts in which
247.17the lands from which taconite was mined or quarried were located or within which the
247.18concentrate was produced. The distribution must be based on the apportionment formula
247.19prescribed in subdivision 2.
247.20 (ii) Four cents per taxable ton from each taconite facility must be distributed to
247.21each affected school district for deposit in a fund dedicated to building maintenance
247.22and repairs, as follows:
247.23 (1) proceeds from Keewatin Taconite or its successor are distributed to Independent
247.24School Districts Nos. 316, Coleraine, and 319, Nashwauk-Keewatin, or their successor
247.25districts;
247.26 (2) proceeds from the Hibbing Taconite Company or its successor are distributed to
247.27Independent School Districts Nos. 695, Chisholm, and 701, Hibbing, or their successor
247.28districts;
247.29 (3) proceeds from the Mittal Steel Company and Minntac or their successors are
247.30distributed to Independent School Districts Nos. 712, Mountain Iron-Buhl, 706, Virginia,
247.312711, Mesabi East, and 2154, Eveleth-Gilbert, or their successor districts;
247.32 (4) proceeds from the Northshore Mining Company or its successor are distributed
247.33to Independent School Districts Nos. 2142, St. Louis County, and 381, Lake Superior,
247.34or their successor districts; and
248.1 (5) proceeds from United Taconite or its successor are distributed to Independent
248.2School Districts Nos. 2142, St. Louis County, and 2154, Eveleth-Gilbert, or their
248.3successor districts.
248.4 Revenues that are required to be distributed to more than one district shall be
248.5apportioned according to the number of pupil units identified in section
126C.05,
248.6subdivision 1
, enrolled in the second previous year.
248.7 (c)(i)
15.72 24.72 cents per taxable ton, less any amount distributed under paragraph
248.8(e), shall be distributed to a group of school districts comprised of those school districts
248.9which qualify as a tax relief area under section
273.134, paragraph (b), or in which there is
248.10a qualifying municipality as defined by section
273.134, paragraph (a), in direct proportion
248.11to school district indexes as follows: for each school district, its pupil units determined
248.12under section
126C.05 for the prior school year shall be multiplied by the ratio of the
248.13average adjusted net tax capacity per pupil unit for school districts receiving aid under
248.14this clause as calculated pursuant to chapters 122A, 126C, and 127A for the school year
248.15ending prior to distribution to the adjusted net tax capacity per pupil unit of the district.
248.16Each district shall receive that portion of the distribution which its index bears to the sum
248.17of the indices for all school districts that receive the distributions.
248.18 (ii) Notwithstanding clause (i), each school district that receives a distribution
248.19under sections
298.018;
298.23 to
298.28, exclusive of any amount received under this
248.20clause;
298.34 to
298.39;
298.391 to
298.396;
298.405; or any law imposing a tax on
248.21severed mineral values after reduction for any portion distributed to cities and towns
248.22under section
126C.48, subdivision 8, paragraph (5), that is less than the amount of its
248.23levy reduction under section
126C.48, subdivision 8, for the second year prior to the
248.24year of the distribution shall receive a distribution equal to the difference; the amount
248.25necessary to make this payment shall be derived from proportionate reductions in the
248.26initial distribution to other school districts under clause (i). If there are insufficient tax
248.27proceeds to make the distribution provided under this paragraph in any year, money must
248.28be transferred from the taconite property tax relief account in subdivision 6, to the extent
248.29of the shortfall in the distribution.
248.30 (d)
(1) Any school district described in paragraph (c) where a levy increase pursuant
248.31to section
126C.17, subdivision 9, was authorized by referendum for taxes payable in
248.322001, shall receive a distribution of 21.3 cents per ton. Each district shall receive $175
248.33times the pupil units identified in section
126C.05, subdivision 1, enrolled in the second
248.34previous year or the 1983-1984 school year, whichever is greater, less the product of 1.8
248.35percent times the district's taxable net tax capacity in
the second previous year 2011.
249.1(2) Districts receiving revenue under clause (d)(1) must also receive 21.5 percent
249.2of the sum of $415 plus the referendum allowance on the payable 2012 levy limitation,
249.3multiplied by the district's weight average daily membership in school year 2011-2012,
249.4less the product of 1.8 percent of the districts taxable net tax capacity in 2011.
249.5 If the total amount provided by paragraph (d) is insufficient to make the payments
249.6herein required then the entitlement of $175 per pupil unit shall be reduced uniformly
249.7so as not to exceed the funds available. Any amounts received by a qualifying school
249.8district in any fiscal year pursuant to paragraph (d) shall not be applied to reduce general
249.9education aid which the district receives pursuant to section
126C.13 or the permissible
249.10levies of the district. Any amount remaining after the payments provided in this paragraph
249.11shall be paid to the commissioner of Iron Range resources and rehabilitation who shall
249.12deposit the same in the taconite environmental protection fund and the Douglas J. Johnson
249.13economic protection trust fund as provided in subdivision 11.
249.14 Each district receiving money according to this paragraph shall reserve the lesser of
249.15the amount received under this paragraph or $25 times the number of pupil units served
249.16in the district. It may use the money for early childhood programs
or for outcome-based
249.17learning programs that enhance the academic quality of the district's curriculum. The
249.18outcome-based learning programs must be approved by the commissioner of education.
249.19 (e) There shall be distributed to any school district the amount which the school
249.20district was entitled to receive under section
298.32 in 1975.
249.21 (f) Four cents per taxable ton must be distributed to qualifying school districts
249.22according to the distribution specified in paragraph (b), clause (ii), and
two eleven cents
249.23per taxable ton must be distributed according to the distribution specified in paragraph
249.24(c). These amounts are not subject to sections
126C.21, subdivision 4, and
126C.48,
249.25subdivision 8
.
249.26EFFECTIVE DATE.This section is effective beginning for the 2014 distribution.
249.27 Sec. 6. Minnesota Statutes 2012, section 298.28, subdivision 6, is amended to read:
249.28 Subd. 6.
Property tax relief. (a) In
2002 2014 and thereafter,
33.9 34.8 cents per
249.29taxable ton, less any amount required to be distributed under paragraphs (b) and (c), or
249.30section
298.2961, subdivision 5, must be allocated to St. Louis County acting as the
249.31counties' fiscal agent, to be distributed as provided in sections
273.134 to
273.136.
249.32 (b) If an electric power plant owned by and providing the primary source of power
249.33for a taxpayer mining and concentrating taconite is located in a county other than the
249.34county in which the mining and the concentrating processes are conducted, .1875 cent per
249.35taxable ton of the tax imposed and collected from such taxpayer shall be paid to the county.
250.1 (c) If an electric power plant owned by and providing the primary source of power
250.2for a taxpayer mining and concentrating taconite is located in a school district other than
250.3a school district in which the mining and concentrating processes are conducted, .4541
250.4cent per taxable ton of the tax imposed and collected from the taxpayer shall be paid to
250.5the school district.
250.6EFFECTIVE DATE.This section is effective beginning for the 2014 distribution.
250.7 Sec. 7.
2013 DISTRIBUTION ONLY.
250.8For the 2013 distribution, a special fund is established to receive 32 cents per ton of
250.9any excess of the balance remaining after distribution of amounts required under Minnesota
250.10Statutes, section 298.28, subdivision 6. The following amounts are allocated to St. Louis
250.11County acting as the fiscal agent for the recipients for the following specific purposes:
250.12(1) 5.1 cents per ton to the city of Hibbing for improvements to the city's water
250.13supply system;
250.14(2) 4.3 cents per ton to the city of Mountain Iron for the cost of moving utilities
250.15required as a result of actions undertaken by United States Steel Corporation;
250.16(3) 2.5 cents per ton to the city of Biwabik for improvements to the city's water supply
250.17system, payable upon agreement with ArcelorMittal to satisfy water permit conditions;
250.18(4) 2.5 cents per ton to the city of Tower for the Tower Marina;
250.19(5) 2.5 cents per ton to the city of Grand Rapids for an eco-friendly heat transfer
250.20system to replace aging effluent lines and for parking lot repaving;
250.21(6) 2.4 cents per ton to the city of Two Harbors for wastewater treatment plant
250.22improvements;
250.23(7) 0.9 cents per ton to the city of Ely for the sanitary sewer replacement project;
250.24(8) 0.6 cents per ton to the town of Crystal Bay for debt service of the Claire Nelson
250.25Intermodal Transportation Center;
250.26(9) 0.5 cents per ton to the Greenway Joint Recreation Board for the Coleraine
250.27hockey arena renovations;
250.28(10) 1.2 cents per ton for the West Range Regional Fire Hall and Training Center
250.29to merge the existing fire services of Coleraine, Bovey, Taconite Marble, Calumet, and
250.30Greenway Township;
250.31(11) 2.5 cents per ton to the city of Hibbing for the Memorial Building;
250.32(12) 0.7 cents per ton to the city of Chisholm for Center Drive;
250.33(13) 2.1 cents per ton to the Crane Lake Water and Sanitary District for sanitary
250.34sewer extension and must be matched;
250.35(14) 2.5 cents per ton for the city of Buhl for the roof on the Mesabi Academy;
251.1(15) 1.2 cents per ton to the city of Gilbert for the New Jersey/Ohio Avenue project;
251.2(16) 1.5 cents per ton to the city of Cook for street improvements, business park
251.3infrastructure, and a maintenance garage;
251.4(17) 0.5 cents per ton to the city of Cook for a water line project; and
251.5(18) 0.2 cents per ton to the city of Eveleth to be used for the support of the Hockey
251.6Hall of Fame, provided that it continues to operate in that city.
251.7EFFECTIVE DATE.This section is effective for the 2013 distribution, and all
251.8payments must be made separately and within ten days of the date of the August 2013
251.9payment.
251.10 Sec. 8.
IRON RANGE RESOURCES AND REHABILITATION
251.11COMMISSIONER; BONDS AUTHORIZED.
251.12 Subdivision 1. Issuance; purpose. Notwithstanding any provision of Minnesota
251.13Statutes, chapter 298, to the contrary, the commissioner of Iron Range resources and
251.14rehabilitation may issue revenue bonds in a principal amount of $38,000,000 in one
251.15or more series, and bonds to refund those bonds. The proceeds of the bonds must be
251.16used to make grants to school districts located in the taconite tax relief area defined in
251.17Minnesota Statutes, section 273.134, or the taconite assistance area defined in Minnesota
251.18Statutes, section 273.1341, to be used by the school districts to pay for building projects,
251.19such as energy efficiency, technology, infrastructure, health, safety, and maintenance
251.20improvements. Proceeds granted to School District No. 2142 must be used to reduce debt
251.21service on the building bond passed on December 8, 2009.
251.22 Subd. 2. Appropriation. (a) There is annually appropriated from the distribution of
251.23taconite production tax revenues under Minnesota Statues, section 298.28, prior to the
251.24calculation of the amount of the remainder under Minnesota Statutes, section 298.28,
251.25subdivision 11, an amount sufficient to pay when due the principal and interest on the
251.26bonds issued pursuant to subdivision 1. The appropriation under this section must not
251.27exceed an amount equal to ten cents per taxable ton.
251.28 (b) If in any year the amount available under paragraph (a) is insufficient to pay
251.29principal and interest due on the bonds in that year, an additional amount is appropriated
251.30from the Douglas J. Johnson fund to make up the deficiency.
251.31 (c) The appropriation under this subdivision terminates upon payment or maturity of
251.32the last of the bonds issued under this section.
251.33 Subd. 3. Credit enhancement. The bonds issued under this section are "debt
251.34obligations" and the commissioner of Iron Range resources and rehabilitation is a "district"
251.35for purposes of Minnesota Statutes, section 126C.55, provided that advances made under
252.1Minnesota Statutes, section 126C.55, subdivision 2, are not subject to Minnesota Statutes,
252.2section 126C.55, subdivisions 4 to 7.
252.3EFFECTIVE DATE.This section is effective the day following final enactment and
252.4applies beginning with the 2014 distribution under Minnesota Statutes, section 298.28.
252.5 Sec. 9.
IRON RANGE FISCAL DISPARITIES STUDY.
252.6The commissioner of revenue, in coordination with the commissioner of the Iron
252.7Range Resources and Rehabilitation Board, shall conduct a study of the tax relief
252.8area revenue distribution program contained in Minnesota Statutes, chapter 276A,
252.9commonly known as the Iron Range fiscal disparities program. By February 1, 2014, the
252.10commissioner of revenue shall submit a report to the chairs and ranking minority members
252.11of the house of representatives and senate tax committees consisting of the findings of the
252.12study and identification of issues for policy makers to consider. The study must analyze:
252.13(1) trends in population, property tax base, property tax rates, and contribution
252.14and distribution capacity across the region;
252.15(2) the volatility of the program's distribution and causes of the volatility;
252.16(3) the impact of state tax policy changes on the fiscal disparities program; and
252.17(4) the interaction between the program and the distribution of property tax aids and
252.18credits, taconite aid, and Iron Range Resources and Rehabilitation Board funding across
252.19the region.
252.20EFFECTIVE DATE.This section is effective June 1, 2013.
252.23 Section 1. Minnesota Statutes 2012, section 118A.04, subdivision 3, is amended to read:
252.24 Subd. 3.
State and local securities. Funds may be invested in the following:
252.25(1) any security which is a general obligation of any state or local government with
252.26taxing powers which is rated "A" or better by a national bond rating service;
252.27(2) any security which is a revenue obligation of any state or local government
with
252.28taxing powers which is rated "AA" or better by a national bond rating service;
and
252.29(3) a general obligation of the Minnesota housing finance agency which is a moral
252.30obligation of the state of Minnesota and is rated "A" or better by a national bond rating
252.31agency
.; and
253.1(4) any security which is an obligation of a school district with an original maturity
253.2not exceeding 13 months and (i) rated in the highest category by a national bond rating
253.3service or (ii) enrolled in the credit enhancement program pursuant to section 126C.55.
253.4 Sec. 2. Minnesota Statutes 2012, section 118A.05, subdivision 5, is amended to read:
253.5 Subd. 5.
Guaranteed investment contracts. Agreements or contracts for
253.6guaranteed investment contracts may be entered into if they are issued or guaranteed
253.7by United States commercial banks, domestic branches of foreign banks, United States
253.8insurance companies, or their Canadian subsidiaries, or the domestic affiliates of any
253.9of the foregoing. The credit quality of the issuer's or guarantor's short- and long-term
253.10unsecured debt must be rated in one of the two highest categories by a nationally
253.11recognized rating agency.
Agreements or contracts for guaranteed investment contracts
253.12with a term of 18 months or less may be entered into regardless of the credit quality of
253.13the issuer's or guarantor's long-term unsecured debt, provided that the credit quality of
253.14the issuer's short-term unsecured debt is rated in the highest category by a nationally
253.15recognized rating agency. Should the issuer's or guarantor's credit quality be downgraded
253.16below "A", the government entity must have withdrawal rights.
253.17 Sec. 3. Minnesota Statutes 2012, section 373.40, subdivision 1, is amended to read:
253.18 Subdivision 1.
Definitions. For purposes of this section, the following terms have
253.19the meanings given.
253.20(a) "Bonds" means an obligation as defined under section
475.51.
253.21(b) "Capital improvement" means acquisition or betterment of public lands,
253.22buildings, or other improvements within the county for the purpose of a county courthouse,
253.23administrative building, health or social service facility, correctional facility, jail, law
253.24enforcement center, hospital, morgue, library, park, qualified indoor ice arena, roads
253.25and bridges,
public works facilities, fairground buildings, and records and data storage
253.26facilities, and the acquisition of development rights in the form of conservation easements
253.27under chapter 84C. An improvement must have an expected useful life of five years or more
253.28to qualify. "Capital improvement" does not include a recreation or sports facility building
253.29(such as, but not limited to, a gymnasium, ice arena, racquet sports facility, swimming
253.30pool, exercise room or health spa), unless the building is part of an outdoor park facility
253.31and is incidental to the primary purpose of outdoor recreation.
For purposes of this section,
253.32"capital improvement" includes expenditures for purposes described in this paragraph that
253.33have been incurred by a county before approval of a capital improvement plan, if such
254.1expenditures are included in a capital improvement plan approved on or before the date of
254.2the public hearing under subdivision 2 regarding issuance of bonds for such expenditures.
254.3(c) "Metropolitan county" means a county located in the seven-county metropolitan
254.4area as defined in section
473.121 or a county with a population of 90,000 or more.
254.5(d) "Population" means the population established by the most recent of the
254.6following (determined as of the date the resolution authorizing the bonds was adopted):
254.7(1) the federal decennial census,
254.8(2) a special census conducted under contract by the United States Bureau of the
254.9Census, or
254.10(3) a population estimate made either by the Metropolitan Council or by the state
254.11demographer under section
4A.02.
254.12(e) "Qualified indoor ice arena" means a facility that meets the requirements of
254.13section
373.43.
254.14(f) "Tax capacity" means total taxable market value, but does not include captured
254.15market value.
254.16 Sec. 4. Minnesota Statutes 2012, section 373.40, subdivision 2, is amended to read:
254.17 Subd. 2.
Application of election requirement. (a) Bonds issued by a county
254.18to finance capital improvements under an approved capital improvement plan are not
254.19subject to the election requirements of section
375.18 or
475.58. The bonds must be
254.20approved by vote of at least three-fifths of the members of the county board. In the case
254.21of a metropolitan county, the bonds must be approved by vote of at least two-thirds of
254.22the members of the county board.
254.23(b) Before issuance of bonds qualifying under this section, the county must publish
254.24a notice of its intention to issue the bonds and the date and time of a hearing to obtain
254.25public comment on the matter. The notice must be published in the official newspaper
254.26of the county or in a newspaper of general circulation in the county. The notice must be
254.27published at least 14, but not more than 28, days before the date of the hearing.
254.28(c) A county may issue the bonds only upon obtaining the approval of a majority of
254.29the voters voting on the question of issuing the obligations, if a petition requesting a vote
254.30on the issuance is signed by voters equal to five percent of the votes cast in the county in
254.31the last
county general election and is filed with the county auditor within 30 days after
254.32the public hearing.
The commissioner of revenue shall prepare a suggested form of the
254.33question to be presented at the election. If the county elects not to submit the question to
254.34the voters, the county shall not propose the issuance of bonds under this section for the
254.35same purpose and in the same amount for a period of 365 days from the date of receipt
255.1of the petition. If the question of issuing the bonds is submitted and not approved by the
255.2voters, the provisions of section 475.58, subdivision 1a, shall apply.
255.3 Sec. 5. Minnesota Statutes 2012, section 383D.41, is amended by adding a subdivision
255.4to read:
255.5 Subd. 10. Housing improvement areas. (a) In addition to its other powers, the
255.6Dakota County Community Development Agency shall have all powers of a city under
255.7sections 428A.11 to 428A.21 in connection with housing improvement areas in Dakota
255.8County.
255.9(b) For purposes of the Dakota County Community Development Agency's exercise
255.10of the powers granted in this subdivision, references in sections 428A.11 to 428A.21 to:
255.11(1) a "mayor" shall be references to the chair of the board of commissioners of the
255.12Dakota County Community Development Agency;
255.13(2) a "council" shall be references to the board of commissioners of the Dakota
255.14County Community Development Agency; and
255.15(3) a "city clerk" shall be references to an official of the Dakota County Community
255.16Development Agency designated by the executive director of the Dakota County
255.17Community Development Agency.
255.18(c) Notwithstanding sections 428A.11, subdivision 3, and 428A.13, subdivision 1,
255.19the governing body of the Dakota County Community Development Agency may adopt
255.20a resolution, rather than an ordinance, establishing one or more housing improvement
255.21areas, and "enabling ordinance" for purposes of sections 428A.11 to 428A.21 means a
255.22resolution under this clause.
255.23 Sec. 6. Minnesota Statutes 2012, section 473.606, subdivision 3, is amended to read:
255.24 Subd. 3.
Treasurer; investments. The treasurer shall receive and be responsible
255.25for all moneys of the corporation, from whatever source derived, and the same shall be
255.26considered public funds. The treasurer shall disburse the moneys of the corporation only
255.27on orders made by the executive and operating officer, herein provided for, countersigned
255.28by such other officer or such employee of the corporation as may be authorized and
255.29directed so to do by the corporation, showing the name of the claimant and the nature of
255.30the claim. No disbursement shall be certified by such officers until the same have been
255.31approved by said commissioners at a meeting thereof. Whenever the executive director of
255.32the corporation shall certify, pursuant to action taken by the commissioners at a meeting
255.33thereof, that there are moneys and the amount thereof in the possession of the treasurer not
255.34currently needed, then the treasurer may invest said amount or any part thereof in
:
256.1(a) Treasury bonds, certificates of indebtedness, bonds or notes of the United States
256.2of America, or bonds, notes or certificates of indebtedness of the state of Minnesota, all of
256.3which must mature not later than three years from the date of purchase.
256.4(b) Bonds, notes, debentures or other obligations issued by any agency or
256.5instrumentality of the United States or any securities guaranteed by the United States
256.6government, or for which the credit of the United States is pledged for the payment of
256.7the principal and interest thereof, all of which must mature not later than three years
256.8from date of purchase.
256.9(c) Commercial paper of prime quality, or rated among the top third of the quality
256.10categories, not applicable to defaulted paper, as defined by a nationally recognized
256.11organization which rates such securities as eligible for investment in the state employees
256.12retirement fund except that any nonbanking issuing corporation, or parent company in the
256.13case of paper issued by operating utility or finance subsidiaries, must have total assets
256.14exceeding $500,000,000. Such commercial paper may constitute no more than 30 percent
256.15of the book value of the fund at the time of purchase, and the commercial paper of any
256.16one corporation shall not constitute more than four percent of the book value of the fund
256.17at the time of such investment.
256.18(d) Any securities eligible under the preceding provisions, purchased with
256.19simultaneous repurchase agreement under which the securities will be sold to the particular
256.20dealer on a specified date at a predetermined price. In such instances, all maturities of
256.21United States government securities, or securities issued or guaranteed by the United
256.22States government or an agency thereof, may be purchased so long as any such securities
256.23which mature later than three years from the date of purchase have a current market
256.24value exceeding the purchase price by at least five percent on the date of purchase, and
256.25so long as such repurchase agreement involving securities extending beyond three years
256.26in maturity be limited to a period not exceeding 45 days.
256.27(e) Certificates of deposit issued by any official depository of the commission. The
256.28commission may purchase certificates of deposit from a depository bank in an amount
256.29exceeding that insured by federal depository insurance to the extent that those certificates
256.30are secured by collateral maintained by the bank in a manner as prescribed for investments
256.31of the State Board of Investment.
256.32(f) securities approved for investment under section 118A.04.
256.33Whenever it shall appear to the commissioners that any invested funds are needed
256.34for current purposes before the maturity dates of the securities held, they shall cause the
256.35executive director to so certify to the treasurer and it shall then be the duty of the treasurer
256.36to order the sale or conversion into cash of the securities in the amount so certified. All
257.1interest and profit on said investments shall be credited to and constitute a part of the
257.2funds of the commission. The treasurer shall keep an account of all moneys received
257.3and disbursed, and at least once a year, at times to be designated by the corporation, file
257.4with the secretary a financial statement of the corporation, showing in appropriate and
257.5identifiable groupings the receipts and disbursements since the last approved statements;
257.6moneys on hand and the purposes for which the same are appropriated; and shall keep an
257.7account of all securities purchased as herein provided, the funds from which purchased
257.8and the interest and profit which may have accrued thereon, and shall accompany the
257.9financial statement aforesaid with a statement setting forth such account. The corporation
257.10may pay to the treasurer from time to time compensation in such amount as it may
257.11determine to cover clerk hire to enable the treasurer to carry out duties and those required
257.12in connection with bonds issued by the corporation as in this act authorized.
257.13 Sec. 7. Minnesota Statutes 2012, section 474A.04, subdivision 1a, is amended to read:
257.14 Subd. 1a.
Entitlement reservations; carryforward; deduction. Any amount
257.15returned by an entitlement issuer before July 15 shall be reallocated through the housing
257.16pool. Any amount returned on or after July 15 shall be reallocated through the unified
257.17pool. An amount returned after the last Monday in November shall be reallocated to the
257.18Minnesota Housing Finance Agency.
Any amount of bonding authority that an entitlement
257.19issuer carries forward under federal tax law that is not permanently issued or for which
257.20the governing body of the entitlement issuer has not enacted a resolution electing to use
257.21the authority for mortgage credit certificates and has not provided a notice of issue to the
257.22commissioner before 4:30 p.m. on the last business day in December of the succeeding
257.23calendar year shall be deducted from the entitlement allocation for that entitlement issuer
257.24in the next succeeding calendar year. Any amount deducted from an entitlement issuer's
257.25allocation under this subdivision shall be reallocated to other entitlement issuers, the
257.26housing pool, the small issue pool, and the public facilities pool on a proportional basis
257.27consistent with section
474A.03.
257.28EFFECTIVE DATE.This section is effective the day following final enactment
257.29and applies to any bonding authority allocated in 2012 and subsequent years.
257.30 Sec. 8. Minnesota Statutes 2012, section 474A.062, is amended to read:
257.31474A.062 MINNESOTA OFFICE OF HIGHER EDUCATION 120-DAY
257.32ISSUANCE EXEMPTION.
258.1The Minnesota Office of Higher Education is exempt from the 120-day issuance
258.2requirements in this chapter and may carry forward allocations for student loan bonds
into
258.3one successive calendar year, subject to carryforward notice requirements of section
258.4474A.131, subdivision 2
.
258.5EFFECTIVE DATE.This section is effective the day following final enactment
258.6and applies to any bonding authority allocated in 2012 and subsequent years.
258.7 Sec. 9. Minnesota Statutes 2012, section 474A.091, subdivision 3a, is amended to read:
258.8 Subd. 3a.
Mortgage bonds. (a) Bonding authority remaining in the unified pool on
258.9October 1 is available for single-family housing programs for cities that applied in January
258.10and received an allocation under section
474A.061, subdivision 2a, in the same calendar
258.11year. The Minnesota Housing Finance Agency shall receive an allocation for mortgage
258.12bonds pursuant to this section, minus any amounts for a city or consortium that intends to
258.13issue bonds on its own behalf under paragraph (c).
258.14(b) The agency may issue bonds on behalf of participating cities. The agency shall
258.15request an allocation from the commissioner for all applicants who choose to have the
258.16agency issue bonds on their behalf and the commissioner shall allocate the requested
258.17amount to the agency. Allocations shall be awarded by the commissioner each Monday
258.18commencing on the first Monday in October through the last Monday in November for
258.19applications received by 4:30 p.m. on the Monday of the week preceding an allocation.
258.20For cities who choose to have the agency issue bonds on their behalf, allocations
258.21will be made loan by loan, on a first-come, first-served basis among the cities. The
258.22agency shall submit an application fee pursuant to section
474A.03, subdivision 4, and an
258.23application deposit equal to two percent of the requested allocation to the commissioner
258.24when requesting an allocation from the unified pool. After awarding an allocation and
258.25receiving a notice of issuance for mortgage bonds issued on behalf of the participating
258.26cities, the commissioner shall transfer the application deposit to the Minnesota Housing
258.27Finance Agency.
258.28For purposes of paragraphs (a) to (d), "city" means a county or a consortium of
258.29local government units that agree through a joint powers agreement to apply together
258.30for single-family housing programs, and has the meaning given it in section
462C.02,
258.31subdivision 6
. "Agency" means the Minnesota Housing Finance Agency.
258.32(c) Any city that received an allocation pursuant to section
474A.061, subdivision
258.332a, paragraph (f)
, in the current year that wishes to receive an additional allocation from
258.34the unified pool and issue bonds on its own behalf or pursuant to a joint powers agreement
258.35shall notify the Minnesota Housing Finance Agency by the third Monday in September.
259.1The total amount of allocation for mortgage bonds for a city choosing to issue bonds on its
259.2own behalf or through a joint powers agreement is limited to the lesser of: (i) the amount
259.3requested, or (ii) the product of the total amount available for mortgage bonds from the
259.4unified pool, multiplied by the ratio of the population of each city that applied in January
259.5and received an allocation under section
474A.061, subdivision 2a, in the same calendar
259.6year, as determined by the most recent estimate of the city's population released by the
259.7state demographer's office to the total of the population of all the cities that applied in
259.8January and received an allocation under section
474A.061, subdivision 2a, in the same
259.9calendar year. If a city choosing to issue bonds on its own behalf or through a joint powers
259.10agreement is located within a county that has also chosen to issue bonds on its own behalf
259.11or through a joint powers agreement, the city's population will be deducted from the
259.12county's population in calculating the amount of allocations under this paragraph.
259.13The Minnesota Housing Finance Agency shall notify each city choosing to issue
259.14bonds on its own behalf or pursuant to a joint powers agreement of the amount of its
259.15allocation by October 15. Upon determining the amount of the allocation of each choosing
259.16to issue bonds on its own behalf or through a joint powers agreement, the agency shall
259.17forward a list specifying the amounts allotted to each city.
259.18A city that chooses to issue bonds on its own behalf or through a joint powers
259.19agreement may request an allocation from the commissioner by forwarding an application
259.20with an application fee pursuant to section
474A.03, subdivision 4, and an application
259.21deposit equal to two percent of the requested amount to the commissioner no later than
259.224:30 p.m. on the Monday of the week preceding an allocation. Allocations to cities that
259.23choose to issue bonds on their own behalf shall be awarded by the commissioner on
259.24the first Monday after October 15 through the last Monday in November. No city may
259.25receive an allocation from the commissioner after the last Monday in November. The
259.26commissioner shall allocate the requested amount to the city or cities subject to the
259.27limitations under this subdivision.
259.28If a city issues mortgage bonds from an allocation received under this paragraph,
259.29the issuer must provide for the recycling of funds into new loans. If the issuer is not
259.30able to provide for recycling, the issuer must notify the commissioner in writing of the
259.31reason that recycling was not possible and the reason the issuer elected not to have the
259.32Minnesota Housing Finance Agency issue the bonds. "Recycling" means the use of money
259.33generated from the repayment and prepayment of loans for further eligible loans or for the
259.34redemption of bonds and the issuance of current refunding bonds.
260.1(d) No entitlement city or county or city in an entitlement county may apply for or
260.2be allocated authority to issue mortgage bonds or use mortgage credit certificates from
260.3the unified pool.
260.4(e) An allocation awarded to the agency for mortgage bonds under this section
260.5may be carried forward by the agency
into the next succeeding calendar year subject to
260.6notice requirements under section
474A.131 and is available until the last business day in
260.7December of that succeeding calendar year.
260.8EFFECTIVE DATE.This section is effective the day following final enactment
260.9and applies to any bonding authority allocated in 2012 and subsequent years.
260.10 Sec. 10. Minnesota Statutes 2012, section 475.521, subdivision 1, is amended to read:
260.11 Subdivision 1.
Definitions. For purposes of this section, the following terms have
260.12the meanings given.
260.13(a) "Bonds" mean an obligation defined under section
475.51.
260.14(b) "Capital improvement" means acquisition or betterment of public lands,
260.15buildings or other improvements for the purpose of a city hall, town hall, library, public
260.16safety facility, and public works facility. An improvement must have an expected useful
260.17life of five years or more to qualify. Capital improvement does not include light rail transit
260.18or any activity related to it, or a park, road, bridge, administrative building other than a
260.19city or town hall, or land for any of those facilities.
For purposes of this section, "capital
260.20improvement" includes expenditures for purposes described in this paragraph that have
260.21been incurred by a municipality before approval of a capital improvement plan, if such
260.22expenditures are included in a capital improvement plan approved on or before the date of
260.23the public hearing under subdivision 2 regarding issuance of bonds for such expenditures.
260.24(c) "Municipality" means a home rule charter or statutory city or a town described in
260.25section
368.01, subdivision 1 or 1a.
260.26 Sec. 11. Minnesota Statutes 2012, section 475.521, subdivision 2, is amended to read:
260.27 Subd. 2.
Election requirement. (a) Bonds issued by a municipality to finance
260.28capital improvements under an approved capital improvements plan are not subject to the
260.29election requirements of section
475.58. The bonds must be approved by an affirmative
260.30vote of three-fifths of the members of a five-member governing body. In the case of a
260.31governing body having more or less than five members, the bonds must be approved by a
260.32vote of at least two-thirds of the members of the governing body.
260.33(b) Before the issuance of bonds qualifying under this section, the municipality
260.34must publish a notice of its intention to issue the bonds and the date and time of the
261.1hearing to obtain public comment on the matter. The notice must be published in the
261.2official newspaper of the municipality or in a newspaper of general circulation in the
261.3municipality. Additionally, the notice may be posted on the official Web site, if any, of the
261.4municipality. The notice must be published at least 14 but not more than 28 days before
261.5the date of the hearing.
261.6(c) A municipality may issue the bonds only after obtaining the approval of a
261.7majority of the voters voting on the question of issuing the obligations, if a petition
261.8requesting a vote on the issuance is signed by voters equal to five percent of the votes cast
261.9in the municipality in the last
municipal general election and is filed with the clerk within
261.1030 days after the public hearing.
The commissioner of revenue shall prepare a suggested
261.11form of the question to be presented at the election. If the municipality elects not to submit
261.12the question to the voters, the municipality shall not propose the issuance of bonds under
261.13this section for the same purpose and in the same amount for a period of 365 days from the
261.14date of receipt of the petition. If the question of issuing the bonds is submitted and not
261.15approved by the voters, the provisions of section 475.58, subdivision 1a, shall apply.
261.16 Sec. 12. Minnesota Statutes 2012, section 475.58, subdivision 3b, is amended to read:
261.17 Subd. 3b.
Street reconstruction. (a) A municipality may, without regard to
261.18the election requirement under subdivision 1, issue and sell obligations for street
261.19reconstruction, if the following conditions are met:
261.20 (1) the streets are reconstructed under a street reconstruction plan that describes the
261.21street reconstruction to be financed, the estimated costs, and any planned reconstruction
261.22of other streets in the municipality over the next five years, and the plan and issuance of
261.23the obligations has been approved by a vote of all of the members of the governing body
261.24present at the meeting following a public hearing for which notice has been published in
261.25the official newspaper at least ten days but not more than 28 days prior to the hearing; and
261.26 (2) if a petition requesting a vote on the issuance is signed by voters equal to
261.27five percent of the votes cast in the last municipal general election and is filed with the
261.28municipal clerk within 30 days of the public hearing, the municipality may issue the bonds
261.29only after obtaining the approval of a majority of the voters voting on the question of the
261.30issuance of the obligations.
If the municipality elects not to submit the question to the
261.31voters, the municipality shall not propose the issuance of bonds under this section for the
261.32same purpose and in the same amount for a period of 365 days from the date of receipt
261.33of the petition. If the question of issuing the bonds is submitted and not approved by the
261.34voters, the provisions of section 475.58, subdivision 1a, shall apply.
262.1 (b) Obligations issued under this subdivision are subject to the debt limit of the
262.2municipality and are not excluded from net debt under section
475.51, subdivision 4.
262.3 (c) For purposes of this subdivision, street reconstruction includes utility
262.4replacement and relocation and other activities incidental to the street reconstruction, turn
262.5lanes and other improvements having a substantial public safety function, realignments,
262.6other modifications to intersect with state and county roads, and the local share of state and
262.7county road projects.
For purposes of this subdivision, "street reconstruction" includes
262.8expenditures for street reconstruction that have been incurred by a municipality before
262.9approval of a street reconstruction plan, if such expenditures are included in a street
262.10reconstruction plan approved on or before the date of the public hearing under paragraph
262.11(a), clause (1) regarding issuance of bonds for such expenditures.
262.12 (d) Except in the case of turn lanes, safety improvements, realignments, intersection
262.13modifications, and the local share of state and county road projects, street reconstruction
262.14does not include the portion of project cost allocable to widening a street or adding curbs
262.15and gutters where none previously existed.
262.16 Sec. 13. Laws 1971, chapter 773, section 1, subdivision 2, as amended by Laws 1974,
262.17chapter 351, section 5, Laws 1976, chapter 234, sections 1 and 7, Laws 1978, chapter 788,
262.18section 1, Laws 1981, chapter 369, section 1, Laws 1983, chapter 302, section 1, Laws
262.191988, chapter 513, section 1, Laws 1992, chapter 511, article 9, section 23, Laws 1998,
262.20chapter 389, article 3, section 27, and Laws 2002, chapter 390, section 23, is amended to
262.21read:
262.22 Subd. 2. For each of the years
2003 to 2013
to 2024, the city of St. Paul is
262.23authorized to issue bonds in the aggregate principal amount of $20,000,000 for each year.
262.24EFFECTIVE DATE.This section is effective the day after compliance by the
262.25governing body of the city of St. Paul with Minnesota Statutes, section 645.021,
262.26subdivisions 2 and 3.
262.27 Sec. 14.
CAPITOL RENOVATION; RESTORATION.
262.28(a) $30,000,000 is appropriated from the general fund to the commissioner of
262.29administration in fiscal year 2015 and is available until spent for the following purposes:
262.30(1) to complete the design of, and to construct, repair, improve, renovate, restore,
262.31furnish, and equip, the State Capitol Building and grounds; including but not limited
262.32to exterior stone repairs and window replacement; asbestos and hazardous materials
262.33abatement; mechanical, electrical, and plumbing security systems replacement; general
262.34construction, including but not limited to demolition, site improvements, life safety
263.1improvements, accessibility, security, and telecommunications; roof replacement; and
263.2finish work; and
263.3(2) to predesign, design, conduct hazardous materials abatement, construct, repair,
263.4renovate, remodel, furnish, and equip the State Office Building, Administration Building,
263.5Centennial Office Building, 321 Grove Street Buildings, and other properties located
263.6on the Capitol campus as determined by the commissioner of administration to meet
263.7temporary and permanent office, storage, parking, and other space needs required by
263.8an efficient restoration of the State Capitol Building and for the efficient and effective
263.9function of the tenants currently located in the Capitol Building.
263.10(b) The commissioner of administration must not prepare final plans and
263.11specifications for any construction authorized under paragraph (a), clauses (1) and (2), until
263.12the program plan and cost estimates for all elements necessary to complete the project have
263.13been approved by each tenant representative. In addition, the appropriation in paragraph
263.14(a), clause (2), is not available until each tenant representative approves a relocation plan
263.15submitted by the commissioner of administration. The relocation plan shall:
263.16(1) describe when each person who currently occupies office space located in the
263.17Capitol Building will be moved out of the Capitol Building;
263.18(2) identify the building and office space assigned to each person relocated during
263.19renovation of the Capitol Building;
263.20(3) identify the parking spaces that will be assigned to each person relocated during
263.21renovation, including the funding mechanism for any new parking spaces;
263.22(4) state when each person relocated during renovation will be moved back into
263.23permanent office space and where the office space will be located;
263.24(5) include written, signed tenant agreements for tenancy in the Capitol Building
263.25after renovation.
263.26For the purposes of this paragraph, "each tenant representative" means the secretary of the
263.27senate, on behalf of the senate; the chief clerk of the house of representatives, on behalf
263.28of the house of representatives; the governor; the court administrator, on behalf of the
263.29judicial branch; and the attorney general, on behalf of the attorney general's office.
263.30(c) The commissioner of administration must not install new windows in the Capitol
263.31Building that cannot be opened by the tenants of the building.
263.32(d) The base for fiscal year 2016 only is $173,600,000 and must be used for the
263.33purposes in paragraph (a).
263.34EFFECTIVE DATE.This section is effective the day following final enactment.
264.1 Sec. 15.
LEGISLATIVE OFFICE FACILITIES.
264.2(a) The commissioner of administration may enter into a long-term lease-purchase
264.3agreement for a term of up to 25 years, to predesign, design, construct, and equip office,
264.4hearing room, and parking facilities within the Capitol area, as defined in Minnesota
264.5Statutes, section 15B.02, for legislative and other functions. The commissioner of
264.6management and budget may issue lease revenue bonds or certificates of participation
264.7associated with the lease-purchase agreement. The lease-purchase agreements must not
264.8be terminated, except for nonappropriation of money. The lease-purchase agreements
264.9must provide the state with a unilateral right to purchase the leased premises at specified
264.10times for specified amounts. The lease-purchase agreements are exempt from Minnesota
264.11Statutes, section 16B.24, subdivisions 6 and 6a.
264.12(b) The facilities under the lease-purchase agreement are exempt from the design
264.13competition requirement under Minnesota Statutes, section 15B.10. Notwithstanding
264.14anything to the contrary under Minnesota Statutes, sections 16C.32 and 16C.33, if the
264.15commissioner of administration elects to use a design-build delivery method to design and
264.16construct one or more facilities under this appropriation, the Capitol Area Architectural and
264.17Planning Board, in cooperation with the commissioner, shall create a selection committee
264.18to act as the board under Minnesota Statutes, sections 16C.32 and 16C.33, for the design
264.19and construction of the facilities. Notwithstanding Minnesota Statutes, section 16B.33, if
264.20the commissioner elects to contract with a primary designer to design one or more facilities
264.21under this appropriation, the Capitol Area Architectural and Planning Board, in cooperation
264.22with the commissioner, shall create a selection committee to conduct the selection process
264.23in accordance with standards under Minnesota Statutes, chapters 15B, 16B, and 16C.
264.24(c) The commissioner of administration may enter into a ground lease for state-owned
264.25property in the capitol area in conjunction with the execution of a lease-purchase
264.26agreement entered into under this section for any improvements constructed on that site.
264.27Notwithstanding the requirements of Minnesota Statutes, section 16A.695, subdivision 2,
264.28paragraph (b), the ground lease must be for a term equal to the term of the lease-purchase
264.29agreement, and must include an option to purchase the land at its then fair market value, if
264.30the improvements are not purchased by the state at the end of the term of the lease-purchase
264.31agreement, or at any earlier time that the lease-purchase agreement is terminated.
264.32(d) The commissioner of administration must not prepare final plans and
264.33specifications for any construction authorized under this section until the program plan
264.34and cost estimates for all elements necessary to complete the project have been approved
264.35by the senate Committee on Rules and Administration.
265.1(e) $3,000,000 is appropriated in fiscal year 2014 from the general fund to the
265.2commissioner of administration for predesign and design of facilities authorized under
265.3paragraph (a). This appropriation is available for expenditure the day following final
265.4enactment and until June 30, 2015.
265.5(f) The commissioner of administration may reserve a portion of money from
265.6appropriations for office space costs of the legislature to fund future repairs for facilities
265.7constructed under the authority provided in this section. Money reserved under this
265.8paragraph must be credited to a segregated account for each building in the special
265.9revenue fund and is appropriated to the commissioner to make the repairs. When the state
265.10acquires title to a building with an account established under this paragraph, the account
265.11for that building must be abolished and the balance remaining in the account must be
265.12transferred to the appropriate asset preservation and replacement account created under
265.13Minnesota Statutes, section 16B.24, subdivision 3, paragraph (d).
265.14EFFECTIVE DATE.This section is effective the day following final enactment.
265.15 Sec. 16.
CARRYFORWARD OF BONDING AUTHORITY FOR 2011; NO
265.16DEDUCTION FROM ENTITLEMENT ALLOCATION.
265.17Notwithstanding Minnesota Statutes, section 474A.04, subdivision 1a, bonding
265.18authority that was allocated to an entitlement issuer in 2011 and that was carried forward
265.19under federal tax law, but for which the entitlement issuer did not provide a notice of issue
265.20to the commissioner of management and budget before 4:30 p.m. on the last business
265.21day of December 2012 must not be deducted from the entitlement allocation for that
265.22entitlement issuer in 2013.
265.23EFFECTIVE DATE.This section is effective the day following final enactment
265.24and applies retroactively to rescind any reallocation by the commissioner of management
265.25and budget under Minnesota Statues, section 474A.04, subdivision 1a, of any amounts so
265.26deducted.
265.27 Sec. 17.
LOCAL MATCH; INDEPENDENT SCHOOL DISTRICT NO. 435;
265.28WAUBUN-OGEMA-WHITE EARTH.
265.29(a) Independent School District No. 435, Waubun-Ogema-White Earth, may expand
265.30classroom space at its Ogema elementary site using a grant of $551,532 that was awarded
265.31to the district by the Department of Human Services on August 12, 2012. Notwithstanding
265.32Minnesota Statutes, section 16A.695, to satisfy the match requirements of the grant, under
265.33Minnesota Statutes, section 16A.695, subdivision 6, the district may use a lease-purchase
266.1agreement. Notwithstanding Minnesota Statutes, section 465.71, the title under the
266.2lease-purchase may be held by the district.
266.3(b) Notwithstanding Minnesota Statutes, section 126C.13, subdivision 4, if the
266.4school district enters a lease-purchase agreement to satisfy the local match, under
266.5paragraph (a), but fails to make a lease-purchase payment, the commissioner of education
266.6shall reduce its general education aid, under Minnesota Statutes, section 126C.13,
266.7subdivision 4, by the amount of the lease-purchase payment.
266.8EFFECTIVE DATE.This section is effective the day following final enactment.
266.10MARKET VALUE DEFINITIONS
266.11 Section 1. Minnesota Statutes 2012, section 38.18, is amended to read:
266.1238.18 COUNTY FAIRGROUNDS; IMPROVEMENT AIDED.
266.13Any Each town, statutory city, or school district in this state,
now or hereafter at any
266.14time having
a an estimated market value of all its taxable property
, exclusive of money and
266.15credits, of more than $105,000,000, and having a county fair located within its corporate
266.16limits,
is hereby authorized to aid in defraying may pay part of the expense of improving
266.17any such the fairground
, by appropriating and paying over to the treasurer of the county
266.18owning the fairground
such sum of money, not exceeding $10,000,
for each of the political
266.19subdivisions, as
the its governing body
of the town, statutory city, or school district may,
266.20by resolution,
determine determines to be for the best interest of the political subdivision
,.
266.21 The
sums so appropriated to amounts paid to the county must be used solely
for the purpose
266.22of aiding in the improvement of to improve the fairground in
such the manner
as the county
266.23board
of the county shall determine determines to be for the best interest of the county.
266.24 Sec. 2. Minnesota Statutes 2012, section 40A.15, subdivision 2, is amended to read:
266.25 Subd. 2.
Eligible recipients. All counties within the state, municipalities that prepare
266.26plans and official controls instead of a county, and districts are eligible for assistance
266.27under the program. Counties and districts may apply for assistance on behalf of other
266.28municipalities. In order to be eligible for financial assistance a county or municipality must
266.29agree to levy at least 0.01209 percent of
taxable estimated market value for agricultural
266.30land preservation and conservation activities or otherwise spend the equivalent amount of
266.31local money on those activities, or spend $15,000 of local money, whichever is less.
266.32 Sec. 3. Minnesota Statutes 2012, section 69.011, subdivision 1, is amended to read:
267.1 Subdivision 1.
Definitions. Unless the language or context clearly indicates that
267.2a different meaning is intended, the following words and terms, for the purposes of this
267.3chapter and chapters 423, 423A, 424 and 424A, have the meanings ascribed to them:
267.4 (a) "Commissioner" means the commissioner of revenue.
267.5 (b) "Municipality" means:
267.6 (1) a home rule charter or statutory city;
267.7 (2) an organized town;
267.8 (3) a park district subject to chapter 398;
267.9 (4) the University of Minnesota;
267.10 (5) for purposes of the fire state aid program only, an American Indian tribal
267.11government entity located within a federally recognized American Indian reservation;
267.12 (6) for purposes of the police state aid program only, an American Indian tribal
267.13government with a tribal police department which exercises state arrest powers under
267.14section
626.90,
626.91,
626.92, or
626.93;
267.15 (7) for purposes of the police state aid program only, the Metropolitan Airports
267.16Commission; and
267.17 (8) for purposes of the police state aid program only, the Department of Natural
267.18Resources and the Department of Public Safety with respect to peace officers covered
267.19under chapter 352B.
267.20 (c) "Minnesota Firetown Premium Report" means a form prescribed by the
267.21commissioner containing space for reporting by insurers of fire, lightning, sprinkler
267.22leakage and extended coverage premiums received upon risks located or to be performed
267.23in this state less return premiums and dividends.
267.24 (d) "Firetown" means the area serviced by any municipality having a qualified fire
267.25department or a qualified incorporated fire department having a subsidiary volunteer
267.26firefighters' relief association.
267.27 (e) "
Estimated market value" means latest available
estimated market value of all
267.28property in a taxing jurisdiction, whether the property is subject to taxation, or exempt
267.29from ad valorem taxation obtained from information which appears on abstracts filed with
267.30the commissioner of revenue or equalized by the State Board of Equalization.
267.31 (f) "Minnesota Aid to Police Premium Report" means a form prescribed by the
267.32commissioner for reporting by each fire and casualty insurer of all premiums received
267.33upon direct business received by it in this state, or by its agents for it, in cash or otherwise,
267.34during the preceding calendar year, with reference to insurance written for insuring against
267.35the perils contained in auto insurance coverages as reported in the Minnesota business
267.36schedule of the annual financial statement which each insurer is required to file with
268.1the commissioner in accordance with the governing laws or rules less return premiums
268.2and dividends.
268.3 (g) "Peace officer" means any person:
268.4 (1) whose primary source of income derived from wages is from direct employment
268.5by a municipality or county as a law enforcement officer on a full-time basis of not less
268.6than 30 hours per week;
268.7 (2) who has been employed for a minimum of six months prior to December 31
268.8preceding the date of the current year's certification under subdivision 2, clause (b);
268.9 (3) who is sworn to enforce the general criminal laws of the state and local ordinances;
268.10 (4) who is licensed by the Peace Officers Standards and Training Board and is
268.11authorized to arrest with a warrant; and
268.12 (5) who is a member of the State Patrol retirement plan or the public employees
268.13police and fire fund.
268.14 (h) "Full-time equivalent number of peace officers providing contract service" means
268.15the integral or fractional number of peace officers which would be necessary to provide
268.16the contract service if all peace officers providing service were employed on a full-time
268.17basis as defined by the employing unit and the municipality receiving the contract service.
268.18 (i) "Retirement benefits other than a service pension" means any disbursement
268.19authorized under section
424A.05, subdivision 3, clauses (3) and (4).
268.20 (j) "Municipal clerk, municipal clerk-treasurer, or county auditor" means:
268.21(1) for the police state aid program and police relief association financial reports:
268.22(i) the person who was elected or appointed to the specified position or, in the
268.23absence of the person, another person who is designated by the applicable governing body;
268.24(ii) in a park district, the secretary of the board of park district commissioners;
268.25(iii) in the case of the University of Minnesota, the official designated by the Board
268.26of Regents;
268.27(iv) for the Metropolitan Airports Commission, the person designated by the
268.28commission;
268.29(v) for the Department of Natural Resources or the Department of Public Safety, the
268.30respective commissioner;
268.31(vi) for a tribal police department which exercises state arrest powers under section
268.32626.90
,
626.91,
626.92, or
626.93, the person designated by the applicable American
268.33Indian tribal government; and
268.34(2) for the fire state aid program and fire relief association financial reports, the
268.35person who was elected or appointed to the specified position, or, for governmental
268.36entities other than counties, if the governing body of the governmental entity designates
269.1the position to perform the function, the chief financial official of the governmental entity
269.2or the chief administrative official of the governmental entity.
269.3(k) "Voluntary statewide lump-sum volunteer firefighter retirement plan" means the
269.4retirement plan established by chapter 353G.
269.5 Sec. 4. Minnesota Statutes 2012, section 69.021, subdivision 7, is amended to read:
269.6 Subd. 7.
Apportionment of fire state aid to municipalities and relief associations.
269.7(a) The commissioner shall apportion the fire state aid relative to the premiums reported
269.8on the Minnesota Firetown Premium Reports filed under this chapter to each municipality
269.9and/or firefighters relief association.
269.10(b) The commissioner shall calculate an initial fire state aid allocation amount for
269.11each municipality or fire department under paragraph (c) and a minimum fire state aid
269.12allocation amount for each municipality or fire department under paragraph (d). The
269.13municipality or fire department must receive the larger fire state aid amount.
269.14(c) The initial fire state aid allocation amount is the amount available for
269.15apportionment as fire state aid under subdivision 5, without inclusion of any additional
269.16funding amount to support a minimum fire state aid amount under section
423A.02,
269.17subdivision 3
, allocated one-half in proportion to the population as shown in the last official
269.18statewide federal census for each fire town and one-half in proportion to the
estimated
269.19market value of each fire town, including (1) the
estimated market value of tax-exempt
269.20property and (2) the
estimated market value of natural resources lands receiving in lieu
269.21payments under sections
477A.11 to
477A.14, but excluding the
estimated market value
269.22of minerals. In the case of incorporated or municipal fire departments furnishing fire
269.23protection to other cities, towns, or townships as evidenced by valid fire service contracts
269.24filed with the commissioner, the distribution must be adjusted proportionately to take
269.25into consideration the crossover fire protection service. Necessary adjustments must be
269.26made to subsequent apportionments. In the case of municipalities or independent fire
269.27departments qualifying for the aid, the commissioner shall calculate the state aid for the
269.28municipality or relief association on the basis of the population and the
estimated market
269.29value of the area furnished fire protection service by the fire department as evidenced by
269.30duly executed and valid fire service agreements filed with the commissioner. If one or
269.31more fire departments are furnishing contracted fire service to a city, town, or township,
269.32only the population and
estimated market value of the area served by each fire department
269.33may be considered in calculating the state aid and the fire departments furnishing service
269.34shall enter into an agreement apportioning among themselves the percent of the population
270.1and the
estimated market value of each service area. The agreement must be in writing
270.2and must be filed with the commissioner.
270.3(d) The minimum fire state aid allocation amount is the amount in addition to the
270.4initial fire state allocation amount that is derived from any additional funding amount
270.5to support a minimum fire state aid amount under section
423A.02, subdivision 3, and
270.6allocated to municipalities with volunteer firefighters relief associations or covered by the
270.7voluntary statewide lump-sum volunteer firefighter retirement plan based on the number
270.8of active volunteer firefighters who are members of the relief association as reported
270.9in the annual financial reporting for the calendar year 1993 to the Office of the State
270.10Auditor, but not to exceed 30 active volunteer firefighters, so that all municipalities or
270.11fire departments with volunteer firefighters relief associations receive in total at least a
270.12minimum fire state aid amount per 1993 active volunteer firefighter to a maximum of
270.1330 firefighters. If a relief association is established after calendar year 1993 and before
270.14calendar year 2000, the number of active volunteer firefighters who are members of the
270.15relief association as reported in the annual financial reporting for calendar year 1998
270.16to the Office of the State Auditor, but not to exceed 30 active volunteer firefighters,
270.17shall be used in this determination. If a relief association is established after calendar
270.18year 1999, the number of active volunteer firefighters who are members of the relief
270.19association as reported in the first annual financial reporting submitted to the Office of
270.20the State Auditor, but not to exceed 20 active volunteer firefighters, must be used in this
270.21determination. If a relief association is terminated as a result of providing retirement
270.22coverage for volunteer firefighters by the voluntary statewide lump-sum volunteer
270.23firefighter retirement plan under chapter 353G, the number of active volunteer firefighters
270.24of the municipality covered by the statewide plan as certified by the executive director of
270.25the Public Employees Retirement Association to the commissioner and the state auditor,
270.26but not to exceed 30 active firefighters, must be used in this determination.
270.27(e) Unless the firefighters of the applicable fire department are members of the
270.28voluntary statewide lump-sum volunteer firefighter retirement plan, the fire state aid must
270.29be paid to the treasurer of the municipality where the fire department is located and the
270.30treasurer of the municipality shall, within 30 days of receipt of the fire state aid, transmit
270.31the aid to the relief association if the relief association has filed a financial report with the
270.32treasurer of the municipality and has met all other statutory provisions pertaining to the
270.33aid apportionment. If the firefighters of the applicable fire department are members of
270.34the voluntary statewide lump-sum volunteer firefighter retirement plan, the fire state aid
270.35must be paid to the executive director of the Public Employees Retirement Association
270.36and deposited in the voluntary statewide lump-sum volunteer firefighter retirement fund.
271.1(f) The commissioner may make rules to permit the administration of the provisions
271.2of this section.
271.3(g) Any adjustments needed to correct prior misallocations must be made to
271.4subsequent apportionments.
271.5 Sec. 5. Minnesota Statutes 2012, section 69.021, subdivision 8, is amended to read:
271.6 Subd. 8.
Population and estimated market value. (a) In computations relating to
271.7fire state aid requiring the use of population figures, only official statewide federal census
271.8figures are to be used. Increases or decreases in population disclosed by reason of any
271.9special census must not be taken into consideration.
271.10(b) In calculations relating to fire state aid requiring the use of
estimated market
271.11value property figures, only the latest available
estimated market value property figures
271.12may be used.
271.13 Sec. 6. Minnesota Statutes 2012, section 88.51, subdivision 3, is amended to read:
271.14 Subd. 3.
Determination of estimated market value. In determining the net tax
271.15capacity of property within any taxing district the value of the surface of lands within any
271.16auxiliary forest therein, as determined by the county board under the provisions of section
271.1788.48, subdivision 3
, shall, for all purposes except the levying of taxes on lands within any
271.18such forest, be deemed the
estimated market value thereof.
271.19 Sec. 7. Minnesota Statutes 2012, section 103B.245, subdivision 3, is amended to read:
271.20 Subd. 3.
Tax. After adoption of the ordinance under subdivision 2, a local
271.21government unit may annually levy a tax on all taxable property in the district for the
271.22purposes for which the tax district is established. The tax may not exceed 0.02418 percent
271.23of
estimated market value on taxable property located in rural towns other than urban
271.24towns, unless allowed by resolution of the town electors. The proceeds of the tax shall
271.25be paid into a fund reserved for these purposes. Any proceeds remaining in the reserve
271.26fund at the time the tax is terminated or the district is dissolved shall be transferred and
271.27irrevocably pledged to the debt service fund of the local unit to be used solely to reduce
271.28tax levies for bonded indebtedness of taxable property in the district.
271.29 Sec. 8. Minnesota Statutes 2012, section 103B.251, subdivision 8, is amended to read:
271.30 Subd. 8.
Tax. (a) For the payment of principal and interest on the bonds issued
271.31under subdivision 7 and the payment required under subdivision 6, the county shall
271.32irrevocably pledge and appropriate the proceeds of a tax levied on all taxable property
272.1located within the territory of the watershed management organization or subwatershed
272.2unit for which the bonds are issued. Each year until the reserve for payment of the bonds
272.3is sufficient to retire the bonds, the county shall levy on all taxable property in the territory
272.4of the organization or unit, without respect to any statutory or other limitation on taxes, an
272.5amount of taxes sufficient to pay principal and interest on the bonds and to restore any
272.6deficiencies in reserves required to be maintained for payment of the bonds.
272.7(b) The tax levied on rural towns other than urban towns may not exceed 0.02418
272.8percent of
taxable estimated market value, unless approved by resolution of the town
272.9electors.
272.10(c) If at any time the amounts available from the levy on property in the territory of
272.11the organization are insufficient to pay principal and interest on the bonds when due, the
272.12county shall make payment from any available funds in the county treasury.
272.13(d) The amount of any taxes which are required to be levied outside of the territory
272.14of the watershed management organization or unit or taken from the general funds of the
272.15county to pay principal or interest on the bonds shall be reimbursed to the county from
272.16taxes levied within the territory of the watershed management organization or unit.
272.17 Sec. 9. Minnesota Statutes 2012, section 103B.635, subdivision 2, is amended to read:
272.18 Subd. 2.
Municipal funding of district. (a) The governing body or board of
272.19supervisors of each municipality in the district must provide the funds necessary to meet
272.20its proportion of the total cost determined by the board, provided the total funding from
272.21all municipalities in the district for the costs shall not exceed an amount equal to .00242
272.22percent of the total
taxable estimated market value within the district, unless three-fourths
272.23of the municipalities in the district pass a resolution concurring to the additional costs.
272.24(b) The funds must be deposited in the treasury of the district in amounts and at
272.25times as the treasurer of the district requires.
272.26 Sec. 10. Minnesota Statutes 2012, section 103B.691, subdivision 2, is amended to read:
272.27 Subd. 2.
Municipal funding of district. (a) The governing body or board of
272.28supervisors of each municipality in the district shall provide the funds necessary to meet its
272.29proportion of the total cost to be borne by the municipalities as finally certified by the board.
272.30(b) The municipality's funds may be raised by any means within the authority of
272.31the municipality. The municipalities may each levy a tax not to exceed .02418 percent of
272.32taxable estimated market value on the taxable property located in the district to provide
272.33the funds. The levy shall be within all other limitations provided by law.
273.1(c) The funds must be deposited into the treasury of the district in amounts and at
273.2times as the treasurer of the district requires.
273.3 Sec. 11. Minnesota Statutes 2012, section 103D.905, subdivision 2, is amended to read:
273.4 Subd. 2.
Organizational expense fund. (a) An organizational expense fund,
273.5consisting of an ad valorem tax levy, shall not exceed 0.01596 percent of
taxable estimated
273.6 market value, or $60,000, whichever is less. The money in the fund shall be used for
273.7organizational expenses and preparation of the watershed management plan for projects.
273.8(b) The managers may borrow from the affected counties up to 75 percent of the
273.9anticipated funds to be collected from the organizational expense fund levy and the
273.10counties affected may make the advancements.
273.11(c) The advancement of anticipated funds shall be apportioned among affected
273.12counties in the same ratio as the net tax capacity of the area of the counties within
273.13the watershed district bears to the net tax capacity of the entire watershed district. If a
273.14watershed district is enlarged, an organizational expense fund may be levied against the
273.15area added to the watershed district in the same manner as provided in this subdivision.
273.16(d) Unexpended funds collected for the organizational expense may be transferred to
273.17the administrative fund and used for the purposes of the administrative fund.
273.18 Sec. 12. Minnesota Statutes 2012, section 103D.905, subdivision 3, is amended to read:
273.19 Subd. 3.
General fund. A general fund, consisting of an ad valorem tax levy, may
273.20not exceed 0.048 percent of
taxable estimated market value, or $250,000, whichever is
273.21less. The money in the fund shall be used for general administrative expenses and for
273.22the construction or implementation and maintenance of projects of common benefit to
273.23the watershed district. The managers may make an annual levy for the general fund as
273.24provided in section
103D.911. In addition to the annual general levy, the managers may
273.25annually levy a tax not to exceed 0.00798 percent of
taxable estimated market value
273.26for a period not to exceed 15 consecutive years to pay the cost attributable to the basic
273.27water management features of projects initiated by petition of a political subdivision
273.28within the watershed district or by petition of at least 50 resident owners whose property
273.29is within the watershed district.
273.30 Sec. 13. Minnesota Statutes 2012, section 103D.905, subdivision 8, is amended to read:
273.31 Subd. 8.
Survey and data acquisition fund. (a) A survey and data acquisition fund
273.32is established and used only if other funds are not available to the watershed district to pay
273.33for making necessary surveys and acquiring data.
274.1(b) The survey and data acquisition fund consists of the proceeds of a property tax
274.2that can be levied only once every five years. The levy may not exceed 0.02418 percent of
274.3taxable estimated market value.
274.4(c) The balance of the survey and data acquisition fund may not exceed $50,000.
274.5(d) In a subsequent proceeding for a project where a survey has been made, the
274.6attributable cost of the survey as determined by the managers shall be included as a part of
274.7the cost of the work and the sum shall be repaid to the survey and data acquisition fund.
274.8 Sec. 14. Minnesota Statutes 2012, section 117.025, subdivision 7, is amended to read:
274.9 Subd. 7.
Structurally substandard. "Structurally substandard" means a building:
274.10(1) that was inspected by the appropriate local government and cited for one or more
274.11enforceable housing, maintenance, or building code violations;
274.12(2) in which the cited building code violations involve one or more of the following:
274.13(i) a roof and roof framing element;
274.14(ii) support walls, beams, and headers;
274.15(iii) foundation, footings, and subgrade conditions;
274.16(iv) light and ventilation;
274.17(v) fire protection, including egress;
274.18(vi) internal utilities, including electricity, gas, and water;
274.19(vii) flooring and flooring elements; or
274.20(viii) walls, insulation, and exterior envelope;
274.21(3) in which the cited housing, maintenance, or building code violations have not
274.22been remedied after two notices to cure the noncompliance; and
274.23(4) has uncured housing, maintenance, and building code violations, satisfaction of
274.24which would cost more than 50 percent of the
assessor's taxable estimated market value
274.25for the building, excluding land value, as determined under section
273.11 for property
274.26taxes payable in the year in which the condemnation is commenced.
274.27A local government is authorized to seek from a judge or magistrate an administrative
274.28warrant to gain access to inspect a specific building in a proposed development or
274.29redevelopment area upon showing of probable cause that a specific code violation has
274.30occurred and that the violation has not been cured, and that the owner has denied the local
274.31government access to the property. Items of evidence that may support a conclusion of
274.32probable cause may include recent fire or police inspections, housing inspection, exterior
274.33evidence of deterioration, or other similar reliable evidence of deterioration in the specific
274.34building.
275.1 Sec. 15. Minnesota Statutes 2012, section 127A.48, subdivision 1, is amended to read:
275.2 Subdivision 1.
Computation. The Department of Revenue must annually conduct
275.3an assessment/sales ratio study of the taxable property in each
county, city, town, and
275.4school district in accordance with the procedures in subdivisions 2 and 3. Based upon the
275.5results of this assessment/sales ratio study, the Department of Revenue must determine an
275.6aggregate equalized net tax capacity for the various classes of taxable property in each
275.7taxing district,
the aggregate of which
tax capacity shall be is designated as the adjusted net
275.8tax capacity.
The adjusted net tax capacity must be reduced by the captured tax capacity of
275.9tax increment districts under section 469.177, subdivision 2, fiscal disparities contribution
275.10tax capacities under sections 276A.06 and 473F.08, and the tax capacity of transmission
275.11lines required to be subtracted from the local tax base under section 273.425; and increased
275.12by fiscal disparities distribution tax capacities under sections 276A.06 and 473F.08. The
275.13adjusted net tax capacities shall be determined using the net tax capacity percentages in
275.14effect for the assessment year following the assessment year of the study. The Department
275.15of Revenue must make whatever estimates are necessary to account for changes in the
275.16classification system. The Department of Revenue may incur the expense necessary to
275.17make the determinations. The commissioner of revenue may reimburse any county or
275.18governmental official for requested services performed in ascertaining the adjusted net tax
275.19capacity. On or before March 15 annually, the Department of Revenue shall file with the
275.20chair of the Tax Committee of the house of representatives and the chair of the Committee
275.21on Taxes and Tax laws of the senate a report of adjusted net tax capacities
for school
275.22districts. On or before June 15 annually, the Department of Revenue shall file its final report
275.23on the adjusted net tax capacities
for school districts established by the previous year's
275.24assessments and the current year's net tax capacity percentages with the commissioner of
275.25education and each county auditor for those
school districts for which the auditor has the
275.26responsibility for determination of local tax rates. A copy of the report so filed shall be
275.27mailed to the clerk of each
school district involved and to the county assessor or supervisor
275.28of assessments of the county or counties in which each
school district is located.
275.29EFFECTIVE DATE.This section is effective the day following final enactment.
275.30 Sec. 16. Minnesota Statutes 2012, section 138.053, is amended to read:
275.31138.053 COUNTY HISTORICAL SOCIETY; TAX LEVY; CITIES OR
275.32TOWNS.
275.33The governing body of any home rule charter or statutory city or town may annually
275.34appropriate from its general fund an amount not to exceed 0.02418 percent of
taxable
276.1 estimated market value, derived from ad valorem taxes on property or other revenues, to
276.2be paid to the historical society of its respective county to be used for the promotion of
276.3historical work and to aid in defraying the expenses of carrying on the historical work in the
276.4county. No city or town may appropriate any funds for the benefit of any historical society
276.5unless the society is affiliated with and approved by the Minnesota Historical Society.
276.6 Sec. 17. Minnesota Statutes 2012, section 144F.01, subdivision 4, is amended to read:
276.7 Subd. 4.
Property tax levy authority. The district's board may levy a tax on the
276.8taxable real and personal property in the district. The ad valorem tax levy may not exceed
276.90.048 percent of the
taxable estimated market value of the district or $400,000, whichever
276.10is less. The proceeds of the levy must be used as provided in subdivision 5. The board shall
276.11certify the levy at the times as provided under section
275.07. The board shall provide the
276.12county with whatever information is necessary to identify the property that is located within
276.13the district. If the boundaries include a part of a parcel, the entire parcel shall be included
276.14in the district. The county auditors must spread, collect, and distribute the proceeds of the
276.15tax at the same time and in the same manner as provided by law for all other property taxes.
276.16 Sec. 18. Minnesota Statutes 2012, section 162.07, subdivision 3, is amended to read:
276.17 Subd. 3.
Computation for rural counties. An amount equal to a levy of 0.01596
276.18percent on each rural county's total
taxable estimated market value for the last preceding
276.19calendar year shall be computed and shall be subtracted from the county's total estimated
276.20construction costs. The result thereof shall be the money needs of the county. For the
276.21purpose of this section, "rural counties" means all counties having a population of less
276.22than 175,000.
276.23 Sec. 19. Minnesota Statutes 2012, section 162.07, subdivision 4, is amended to read:
276.24 Subd. 4.
Computation for urban counties. An amount equal to a levy of 0.00967
276.25percent on each urban county's total
taxable estimated market value for the last preceding
276.26calendar year shall be computed and shall be subtracted from the county's total estimated
276.27construction costs. The result thereof shall be the money needs of the county. For
276.28the purpose of this section, "urban counties" means all counties having a population
276.29of 175,000 or more.
276.30 Sec. 20. Minnesota Statutes 2012, section 163.04, subdivision 3, is amended to read:
276.31 Subd. 3.
Bridges within certain cities. When the council of any statutory city or
276.32city of the third or fourth class may determine that it is necessary to build or improve any
277.1bridge or bridges, including approaches thereto, and any dam or retaining works connected
277.2therewith, upon or forming a part of streets or highways either wholly or partly within
277.3its limits, the county board shall appropriate one-half of the money as may be necessary
277.4therefor from the county road and bridge fund, not exceeding during any year one-half
277.5the amount of taxes paid into the county road and bridge fund during the preceding year,
277.6on property within the corporate limits of the city. The appropriation shall be made upon
277.7the petition of the council, which petition shall be filed by the council with the county
277.8board prior to the fixing by the board of the annual county tax levy. The county board
277.9shall determine the plans and specifications, shall let all necessary contracts, shall have
277.10charge of construction, and upon its request, warrants in payment thereof shall be issued
277.11by the county auditor, from time to time, as the construction work proceeds. Any unpaid
277.12balance may be paid or advanced by the city. On petition of the council, the appropriations
277.13of the county board, during not to exceed three successive years, may be made to apply
277.14on the construction of the same items and to repay any money advanced by the city in
277.15the construction thereof. None of the provisions of this section shall be construed to
277.16be mandatory as applied to any city whose
estimated market value exceeds $2,100 per
277.17capita of its population.
277.18 Sec. 21. Minnesota Statutes 2012, section 163.06, subdivision 6, is amended to read:
277.19 Subd. 6.
Expenditure in certain counties. In any county having not less than 95
277.20nor more than 105 full and fractional townships, and having
a an estimated market value
277.21of not less than $12,000,000 nor more than $21,000,000,
exclusive of money and credits,
277.22 the county board, by resolution, may expend the funds provided in subdivision 4 in any
277.23organized or unorganized township or portion thereof in such county.
277.24 Sec. 22. Minnesota Statutes 2012, section 165.10, subdivision 1, is amended to read:
277.25 Subdivision 1.
Certain counties may issue and sell. The county board of any
277.26county having no outstanding road and bridge bonds may issue and sell county road bonds
277.27in an amount not exceeding 0.12089 percent of the
estimated market value of the taxable
277.28property within the county
exclusive of money and credits, for the purpose of constructing,
277.29reconstructing, improving, or maintaining any bridge or bridges on any highway under its
277.30jurisdiction, without submitting the matter to a vote of the electors of the county.
277.31 Sec. 23. Minnesota Statutes 2012, section 272.03, is amended by adding a subdivision
277.32to read:
278.1 Subd. 14. Estimated market value. "Estimated market value" means the assessor's
278.2determination of market value, including the effects of any orders made under section
278.3270.12 or chapter 274, for the parcel. The provisions of section 273.032 apply for certain
278.4uses in determining the total estimated market value for the taxing jurisdiction.
278.5 Sec. 24. Minnesota Statutes 2012, section 272.03, is amended by adding a subdivision
278.6to read:
278.7 Subd. 15. Taxable market value. "Taxable market value" means estimated market
278.8value for the parcel as reduced by market value exclusions, deferments of value, or other
278.9adjustments required by law, that reduce market value before the application of class rates.
278.10 Sec. 25. Minnesota Statutes 2012, section 273.032, is amended to read:
278.11273.032 MARKET VALUE DEFINITION.
278.12(a) Unless otherwise provided, for the purpose of determining any property tax
278.13levy limitation based on market value
or any limit on net debt, the issuance of bonds,
278.14certificates of indebtedness, or capital notes based on market value, any qualification to
278.15receive state aid based on market value, or any state aid amount based on market value, the
278.16terms "market value," "
taxable estimated market value," and "market valuation," whether
278.17equalized or unequalized, mean the
total taxable estimated market value of
taxable property
278.18within the local unit of government before any
of the following or similar adjustments for
:
278.19(1) the market value exclusions under:
278.20(i) section 273.11, subdivisions 14a and 14c (vacant platted land);
278.21(ii) section 273.11, subdivision 16 (certain improvements to homestead property);
278.22(iii) section 273.11, subdivisions 19 and 20 (certain improvements to business
278.23properties);
278.24(iv) section 273.11, subdivision 21 (homestead property damaged by mold);
278.25(v) section 273.11, subdivision 22 (qualifying lead hazardous reduction projects);
278.26(vi) section 273.13, subdivision 34 (homestead of a disabled veteran or family
278.27caregiver);
278.28(vii) section 273.13, subdivision 35 (homestead market value exclusion); or
278.29(2) the deferment of value under:
278.30(i) the Minnesota Agricultural Property Tax Law, section 273.111;
278.31(ii) the Aggregate Resource Preservation Law, section 273.1115;
278.32(iii) the Minnesota Open Space Property Tax Law, section 273.112;
278.33(iv) the rural preserves property tax program, section 273.114; or
278.34(v) the Metropolitan Agricultural Preserves Act, section 473H.10; or
279.1(3) the adjustments to tax capacity for:
279.2(i) tax increment
, financing under sections 469.174 to 469.1794;
279.3(ii) fiscal
disparity, disparities under chapter 276A or 473F; or
279.4(iii) powerline credit
, or wind energy values, but after the limited market adjustments
279.5under section
273.11, subdivision 1a, and after the market value exclusions of certain
279.6improvements to homestead property under section
273.11, subdivision 16 under section
279.7273.425.
279.8(b) Estimated market value under paragraph (a) also includes the market value
279.9of tax-exempt property if the applicable law specifically provides that the limitation,
279.10qualification, or aid calculation includes tax-exempt property.
279.11(c) Unless otherwise provided, "market value," "
taxable estimated market value,"
279.12and "market valuation" for purposes of
this paragraph property tax levy limitations and
279.13calculation of state aid, refer to the
taxable estimated market value for the previous
279.14assessment year
and for purposes of limits on net debt, the issuance of bonds, certificates of
279.15indebtedness, or capital notes refer to the estimated market value as last finally equalized.
279.16For the purpose of determining any net debt limit based on market value, or any limit
279.17on the issuance of bonds, certificates of indebtedness, or capital notes based on market
279.18value, the terms "market value," "taxable market value," and "market valuation," whether
279.19equalized or unequalized, mean the total taxable market value of property within the local
279.20unit of government before any adjustments for tax increment, fiscal disparity, powerline
279.21credit, or wind energy values, but after the limited market value adjustments under section
279.22273.11, subdivision 1a, and after the market value exclusions of certain improvements to
279.23homestead property under section
273.11, subdivision 16. Unless otherwise provided,
279.24"market value," "taxable market value," and "market valuation" for purposes of this
279.25paragraph, mean the taxable market value as last finally equalized.
279.26(d) For purposes of a provision of a home rule charter or of any special law that is not
279.27codified in the statutes and that imposes a levy limitation based on market value or any limit
279.28on debt, the issuance of bonds, certificates of indebtedness, or capital notes based on market
279.29value, the terms "market value," "taxable market value," and "market valuation," whether
279.30equalized or unequalized, mean "estimated market value" as defined in paragraph (a).
279.31 Sec. 26. Minnesota Statutes 2012, section 273.11, subdivision 1, is amended to read:
279.32 Subdivision 1.
Generally. Except as provided in this section or section
273.17,
279.33subdivision 1
, all property shall be valued at its market value. The market value as
279.34determined pursuant to this section shall be stated such that any amount under $100 is
279.35rounded up to $100 and any amount exceeding $100 shall be rounded to the nearest $100.
280.1In estimating and determining such value, the assessor shall not adopt a lower or different
280.2standard of value because the same is to serve as a basis of taxation, nor shall the assessor
280.3adopt as a criterion of value the price for which such property would sell at a forced sale,
280.4or in the aggregate with all the property in the town or district; but the assessor shall value
280.5each article or description of property by itself, and at such sum or price as the assessor
280.6believes the same to be fairly worth in money. The assessor shall take into account the
280.7effect on the market value of property of environmental factors in the vicinity of the
280.8property. In assessing any tract or lot of real property, the value of the land, exclusive of
280.9structures and improvements, shall be determined, and also the value of all structures and
280.10improvements thereon, and the aggregate value of the property, including all structures
280.11and improvements, excluding the value of crops growing upon cultivated land. In valuing
280.12real property upon which there is a mine or quarry, it shall be valued at such price as such
280.13property, including the mine or quarry, would sell for at a fair, voluntary sale, for cash,
280.14if the material being mined or quarried is not subject to taxation under section
298.015
280.15and the mine or quarry is not exempt from the general property tax under section
298.25.
280.16In valuing real property which is vacant, platted property shall be assessed as provided
280.17in
subdivision 14 subdivisions 14a and 14c. All property, or the use thereof, which is
280.18taxable under section
272.01, subdivision 2, or
273.19, shall be valued at the market
280.19value of such property and not at the value of a leasehold estate in such property, or at
280.20some lesser value than its market value.
280.21 Sec. 27. Minnesota Statutes 2012, section 273.124, subdivision 3a, is amended to read:
280.22 Subd. 3a.
Manufactured home park cooperative. (a) When a manufactured home
280.23park is owned by a corporation or association organized under chapter 308A or 308B,
280.24and each person who owns a share or shares in the corporation or association is entitled
280.25to occupy a lot within the park, the corporation or association may claim homestead
280.26treatment for the park. Each lot must be designated by legal description or number, and
280.27each lot is limited to not more than one-half acre of land.
280.28(b) The manufactured home park shall be entitled to homestead treatment if all
280.29of the following criteria are met:
280.30(1) the occupant or the cooperative corporation or association is paying the ad
280.31valorem property taxes and any special assessments levied against the land and structure
280.32either directly, or indirectly through dues to the corporation or association; and
280.33(2) the corporation or association organized under chapter 308A or 308B is wholly
280.34owned by persons having a right to occupy a lot owned by the corporation or association.
281.1(c) A charitable corporation, organized under the laws of Minnesota with no
281.2outstanding stock, and granted a ruling by the Internal Revenue Service for 501(c)(3)
281.3tax-exempt status, qualifies for homestead treatment with respect to a manufactured home
281.4park if its members hold residential participation warrants entitling them to occupy a lot
281.5in the manufactured home park.
281.6(d) "Homestead treatment" under this subdivision means the class rate provided for
281.7class 4c property classified under section
273.13, subdivision 25, paragraph (d), clause (5),
281.8item (ii). The homestead market value
credit exclusion under section
273.1384 273.13,
281.9subdivision 35, does not apply and the property taxes assessed against the park shall not
281.10be included in the determination of taxes payable for rent paid under section
290A.03.
281.11EFFECTIVE DATE.This section is effective for taxes payable in 2013 and
281.12thereafter.
281.13 Sec. 28. Minnesota Statutes 2012, section 273.124, subdivision 13, is amended to read:
281.14 Subd. 13.
Homestead application. (a) A person who meets the homestead
281.15requirements under subdivision 1 must file a homestead application with the county
281.16assessor to initially obtain homestead classification.
281.17 (b) The format and contents of a uniform homestead application shall be prescribed
281.18by the commissioner of revenue. The application must clearly inform the taxpayer that
281.19this application must be signed by all owners who occupy the property or by the qualifying
281.20relative and returned to the county assessor in order for the property to receive homestead
281.21treatment.
281.22 (c) Every property owner applying for homestead classification must furnish to the
281.23county assessor the Social Security number of each occupant who is listed as an owner
281.24of the property on the deed of record, the name and address of each owner who does not
281.25occupy the property, and the name and Social Security number of each owner's spouse who
281.26occupies the property. The application must be signed by each owner who occupies the
281.27property and by each owner's spouse who occupies the property, or, in the case of property
281.28that qualifies as a homestead under subdivision 1, paragraph (c), by the qualifying relative.
281.29 If a property owner occupies a homestead, the property owner's spouse may not
281.30claim another property as a homestead unless the property owner and the property owner's
281.31spouse file with the assessor an affidavit or other proof required by the assessor stating that
281.32the property qualifies as a homestead under subdivision 1, paragraph (e).
281.33 Owners or spouses occupying residences owned by their spouses and previously
281.34occupied with the other spouse, either of whom fail to include the other spouse's name
281.35and Social Security number on the homestead application or provide the affidavits or
282.1other proof requested, will be deemed to have elected to receive only partial homestead
282.2treatment of their residence. The remainder of the residence will be classified as
282.3nonhomestead residential. When an owner or spouse's name and Social Security number
282.4appear on homestead applications for two separate residences and only one application is
282.5signed, the owner or spouse will be deemed to have elected to homestead the residence for
282.6which the application was signed.
282.7 The Social Security numbers, state or federal tax returns or tax return information,
282.8including the federal income tax schedule F required by this section, or affidavits or other
282.9proofs of the property owners and spouses submitted under this or another section to
282.10support a claim for a property tax homestead classification are private data on individuals as
282.11defined by section
13.02, subdivision 12, but, notwithstanding that section, the private data
282.12may be disclosed to the commissioner of revenue, or, for purposes of proceeding under the
282.13Revenue Recapture Act to recover personal property taxes owing, to the county treasurer.
282.14 (d) If residential real estate is occupied and used for purposes of a homestead by a
282.15relative of the owner and qualifies for a homestead under subdivision 1, paragraph (c), in
282.16order for the property to receive homestead status, a homestead application must be filed
282.17with the assessor. The Social Security number of each relative and spouse of a relative
282.18occupying the property shall be required on the homestead application filed under this
282.19subdivision. If a different relative of the owner subsequently occupies the property, the
282.20owner of the property must notify the assessor within 30 days of the change in occupancy.
282.21The Social Security number of a relative or relative's spouse occupying the property
282.22is private data on individuals as defined by section
13.02, subdivision 12, but may be
282.23disclosed to the commissioner of revenue, or, for the purposes of proceeding under the
282.24Revenue Recapture Act to recover personal property taxes owing, to the county treasurer.
282.25 (e) The homestead application shall also notify the property owners that the
282.26application filed under this section will not be mailed annually and that if the property
282.27is granted homestead status for any assessment year, that same property shall remain
282.28classified as homestead until the property is sold or transferred to another person, or
282.29the owners, the spouse of the owner, or the relatives no longer use the property as their
282.30homestead. Upon the sale or transfer of the homestead property, a certificate of value must
282.31be timely filed with the county auditor as provided under section
272.115. Failure to
282.32notify the assessor within 30 days that the property has been sold, transferred, or that the
282.33owner, the spouse of the owner, or the relative is no longer occupying the property as a
282.34homestead, shall result in the penalty provided under this subdivision and the property
282.35will lose its current homestead status.
283.1 (f) If the homestead application is not returned within 30 days, the county will send a
283.2second application to the present owners of record. The notice of proposed property taxes
283.3prepared under section
275.065, subdivision 3, shall reflect the property's classification. If
283.4a homestead application has not been filed with the county by December 15, the assessor
283.5shall classify the property as nonhomestead for the current assessment year for taxes
283.6payable in the following year, provided that the owner may be entitled to receive the
283.7homestead classification by proper application under section
375.192.
283.8 (g) At the request of the commissioner, each county must give the commissioner a
283.9list that includes the name and Social Security number of each occupant of homestead
283.10property who is the property owner, property owner's spouse, qualifying relative of a
283.11property owner, or a spouse of a qualifying relative. The commissioner shall use the
283.12information provided on the lists as appropriate under the law, including for the detection
283.13of improper claims by owners, or relatives of owners, under chapter 290A.
283.14 (h) If the commissioner finds that a property owner may be claiming a fraudulent
283.15homestead, the commissioner shall notify the appropriate counties. Within 90 days of
283.16the notification, the county assessor shall investigate to determine if the homestead
283.17classification was properly claimed. If the property owner does not qualify, the county
283.18assessor shall notify the county auditor who will determine the amount of homestead
283.19benefits that had been improperly allowed. For the purpose of this section, "homestead
283.20benefits" means the tax reduction resulting from the classification as a homestead
and the
283.21homestead market value exclusion under section
273.13, the taconite homestead credit
283.22under section
273.135, the
residential homestead and agricultural homestead
credits credit
283.23 under section
273.1384, and the supplemental homestead credit under section
273.1391.
283.24 The county auditor shall send a notice to the person who owned the affected property
283.25at the time the homestead application related to the improper homestead was filed,
283.26demanding reimbursement of the homestead benefits plus a penalty equal to 100 percent
283.27of the homestead benefits. The person notified may appeal the county's determination
283.28by serving copies of a petition for review with county officials as provided in section
283.29278.01
and filing proof of service as provided in section
278.01 with the Minnesota Tax
283.30Court within 60 days of the date of the notice from the county. Procedurally, the appeal
283.31is governed by the provisions in chapter 271 which apply to the appeal of a property tax
283.32assessment or levy, but without requiring any prepayment of the amount in controversy. If
283.33the amount of homestead benefits and penalty is not paid within 60 days, and if no appeal
283.34has been filed, the county auditor shall certify the amount of taxes and penalty to the county
283.35treasurer. The county treasurer will add interest to the unpaid homestead benefits and
283.36penalty amounts at the rate provided in section
279.03 for real property taxes becoming
284.1delinquent in the calendar year during which the amount remains unpaid. Interest may be
284.2assessed for the period beginning 60 days after demand for payment was made.
284.3 If the person notified is the current owner of the property, the treasurer may add the
284.4total amount of homestead benefits, penalty, interest, and costs to the ad valorem taxes
284.5otherwise payable on the property by including the amounts on the property tax statements
284.6under section
276.04, subdivision 3. The amounts added under this paragraph to the ad
284.7valorem taxes shall include interest accrued through December 31 of the year preceding
284.8the taxes payable year for which the amounts are first added. These amounts, when added
284.9to the property tax statement, become subject to all the laws for the enforcement of real or
284.10personal property taxes for that year, and for any subsequent year.
284.11 If the person notified is not the current owner of the property, the treasurer may
284.12collect the amounts due under the Revenue Recapture Act in chapter 270A, or use any of
284.13the powers granted in sections
277.20 and
277.21 without exclusion, to enforce payment
284.14of the homestead benefits, penalty, interest, and costs, as if those amounts were delinquent
284.15tax obligations of the person who owned the property at the time the application related to
284.16the improperly allowed homestead was filed. The treasurer may relieve a prior owner of
284.17personal liability for the homestead benefits, penalty, interest, and costs, and instead extend
284.18those amounts on the tax lists against the property as provided in this paragraph to the extent
284.19that the current owner agrees in writing. On all demands, billings, property tax statements,
284.20and related correspondence, the county must list and state separately the amounts of
284.21homestead benefits, penalty, interest and costs being demanded, billed or assessed.
284.22 (i) Any amount of homestead benefits recovered by the county from the property
284.23owner shall be distributed to the county, city or town, and school district where the
284.24property is located in the same proportion that each taxing district's levy was to the total
284.25of the three taxing districts' levy for the current year. Any amount recovered attributable
284.26to taconite homestead credit shall be transmitted to the St. Louis County auditor to be
284.27deposited in the taconite property tax relief account. Any amount recovered that is
284.28attributable to supplemental homestead credit is to be transmitted to the commissioner of
284.29revenue for deposit in the general fund of the state treasury. The total amount of penalty
284.30collected must be deposited in the county general fund.
284.31 (j) If a property owner has applied for more than one homestead and the county
284.32assessors cannot determine which property should be classified as homestead, the county
284.33assessors will refer the information to the commissioner. The commissioner shall make
284.34the determination and notify the counties within 60 days.
284.35 (k) In addition to lists of homestead properties, the commissioner may ask the
284.36counties to furnish lists of all properties and the record owners. The Social Security
285.1numbers and federal identification numbers that are maintained by a county or city
285.2assessor for property tax administration purposes, and that may appear on the lists retain
285.3their classification as private or nonpublic data; but may be viewed, accessed, and used by
285.4the county auditor or treasurer of the same county for the limited purpose of assisting the
285.5commissioner in the preparation of microdata samples under section
270C.12.
285.6 (l) On or before April 30 each year beginning in 2007, each county must provide the
285.7commissioner with the following data for each parcel of homestead property by electronic
285.8means as defined in section
289A.02, subdivision 8:
285.9 (i) the property identification number assigned to the parcel for purposes of taxes
285.10payable in the current year;
285.11 (ii) the name and Social Security number of each occupant of homestead property
285.12who is the property owner, property owner's spouse, qualifying relative of a property
285.13owner, or spouse of a qualifying relative;
285.14 (iii) the classification of the property under section
273.13 for taxes payable in the
285.15current year and in the prior year;
285.16 (iv) an indication of whether the property was classified as a homestead for taxes
285.17payable in the current year because of occupancy by a relative of the owner or by a
285.18spouse of a relative;
285.19 (v) the property taxes payable as defined in section
290A.03, subdivision 13, for the
285.20current year and the prior year;
285.21 (vi) the market value of improvements to the property first assessed for tax purposes
285.22for taxes payable in the current year;
285.23 (vii) the assessor's estimated market value assigned to the property for taxes payable
285.24in the current year and the prior year;
285.25 (viii) the taxable market value assigned to the property for taxes payable in the
285.26current year and the prior year;
285.27 (ix) whether there are delinquent property taxes owing on the homestead;
285.28 (x) the unique taxing district in which the property is located; and
285.29 (xi) such other information as the commissioner decides is necessary.
285.30 The commissioner shall use the information provided on the lists as appropriate
285.31under the law, including for the detection of improper claims by owners, or relatives
285.32of owners, under chapter 290A.
285.33EFFECTIVE DATE.This section is effective for taxes payable in 2013 and
285.34thereafter.
285.35 Sec. 29. Minnesota Statutes 2012, section 273.13, subdivision 21b, is amended to read:
286.1 Subd. 21b.
Net tax capacity. (a) Gross tax capacity means the product of the
286.2appropriate gross class rates in this section and market values.
286.3(b) Net tax capacity means the product of the appropriate net class rates in this
286.4section and
taxable market values.
286.5EFFECTIVE DATE.This section is effective the day following final enactment.
286.6 Sec. 30. Minnesota Statutes 2012, section 273.1398, subdivision 3, is amended to read:
286.7 Subd. 3.
Disparity reduction aid. The amount of disparity aid certified for each
286.8taxing district within each unique taxing jurisdiction for taxes payable in the prior year
286.9shall be multiplied by the ratio of (1) the jurisdiction's tax capacity using the class rates for
286.10taxes payable in the year for which aid is being computed, to (2) its tax capacity using
286.11the class rates for taxes payable in the year prior to that for which aid is being computed,
286.12both based upon
taxable market values for taxes payable in the year prior to that for which
286.13aid is being computed. If the commissioner determines that insufficient information is
286.14available to reasonably and timely calculate the numerator in this ratio for the first taxes
286.15payable year that a class rate change or new class rate is effective, the commissioner shall
286.16omit the effects of that class rate change or new class rate when calculating this ratio for
286.17aid payable in that taxes payable year. For aid payable in the year following a year for
286.18which such omission was made, the commissioner shall use in the denominator for the
286.19class that was changed or created, the tax capacity for taxes payable two years prior to that
286.20in which the aid is payable, based on
taxable market values for taxes payable in the year
286.21prior to that for which aid is being computed.
286.22 Sec. 31. Minnesota Statutes 2012, section 273.1398, subdivision 4, is amended to read:
286.23 Subd. 4.
Disparity reduction credit. (a) Beginning with taxes payable in 1989,
286.24class 4a and class 3a property qualifies for a disparity reduction credit if: (1) the property
286.25is located in a border city that has an enterprise zone, as defined in section
469.166; (2)
286.26the property is located in a city with a population greater than 2,500 and less than 35,000
286.27according to the 1980 decennial census; (3) the city is adjacent to a city in another state or
286.28immediately adjacent to a city adjacent to a city in another state; and (4) the adjacent city
286.29in the other state has a population of greater than 5,000 and less than 75,000 according to
286.30the 1980 decennial census.
286.31 (b) The credit is an amount sufficient to reduce (i) the taxes levied on class 4a
286.32property to 2.3 percent of the property's
taxable market value and (ii) the tax on class 3a
286.33property to 2.3 percent of
taxable market value.
287.1 (c) The county auditor shall annually certify the costs of the credits to the
287.2Department of Revenue. The department shall reimburse local governments for the
287.3property taxes forgone as the result of the credits in proportion to their total levies.
287.4 Sec. 32. Minnesota Statutes 2012, section 275.011, subdivision 1, is amended to read:
287.5 Subdivision 1.
Determination of levy limit. The property tax levied for any
287.6purpose under a special law that is not codified in Minnesota Statutes or a city charter
287.7provision and that is subject to a mill rate limitation imposed by the special law or city
287.8charter provision, excluding levies subject to mill rate limitations that use adjusted
287.9assessed values determined by the commissioner of revenue under section
124.2131, must
287.10not exceed the following amount for the years specified:
287.11(a) for taxes payable in 1988, the product of the applicable mill rate limitation
287.12imposed by special law or city charter provision multiplied by the total assessed valuation
287.13of all taxable property subject to the tax as adjusted by the provisions of Minnesota
287.14Statutes 1986, sections
272.64;
273.13, subdivision 7a; and
275.49;
287.15(b) for taxes payable in 1989, the product of (1) the property tax levy limitation for
287.16the taxes payable year 1988 determined under clause (a) multiplied by (2) an index for
287.17market valuation changes equal to the assessment year 1988 total market valuation of all
287.18taxable property subject to the tax divided by the assessment year 1987 total market
287.19valuation of all taxable property subject to the tax; and
287.20(c) for taxes payable in 1990 and subsequent years, the product of (1) the property
287.21tax levy limitation for the previous year determined pursuant to this subdivision multiplied
287.22by (2) an index for market valuation changes equal to the total market valuation of all
287.23taxable property subject to the tax for the current assessment year divided by the total
287.24market valuation of all taxable property subject to the tax for the previous assessment year.
287.25For the purpose of determining the property tax levy limitation for the taxes payable
287.26year
1988 2014 and subsequent years under this subdivision, "total market valuation"
287.27means the
total estimated market
valuation value of all taxable property subject to the
287.28tax
without valuation adjustments for fiscal disparities (chapters 276A and 473F), tax
287.29increment financing (sections
469.174 to 469.179), or powerline credit (section 273.425)
287.30 as provided under section 273.032.
287.31 Sec. 33. Minnesota Statutes 2012, section 275.077, subdivision 2, is amended to read:
287.32 Subd. 2.
Correction of levy amount. The difference between the correct levy and
287.33the erroneous levy shall be added to the township levy for the subsequent levy year;
287.34provided that if the amount of the difference exceeds 0.12089 percent of
taxable estimated
288.1 market value, the excess shall be added to the township levy for the second and later
288.2subsequent levy years, not to exceed an additional levy of 0.12089 percent of
taxable
288.3 estimated market value in any year, until the full amount of the difference has been levied.
288.4The funds collected from the corrected levies shall be used to reimburse the county for the
288.5payment required by subdivision 1.
288.6 Sec. 34. Minnesota Statutes 2012, section 275.71, subdivision 4, is amended to read:
288.7 Subd. 4.
Adjusted levy limit base. For taxes levied in 2008 through 2010, the
288.8adjusted levy limit base is equal to the levy limit base computed under subdivision 2
288.9or section
275.72, multiplied by:
288.10 (1) one plus the percentage growth in the implicit price deflator, but the percentage
288.11shall not be less than zero or exceed 3.9 percent;
288.12 (2) one plus a percentage equal to 50 percent of the percentage increase in the number
288.13of households, if any, for the most recent 12-month period for which data is available; and
288.14 (3) one plus a percentage equal to 50 percent of the percentage increase in the
288.15taxable estimated market value of the jurisdiction due to new construction of class 3
288.16property, as defined in section
273.13, subdivision 4, except for state-assessed utility and
288.17railroad property, for the most recent year for which data is available.
288.18 Sec. 35. Minnesota Statutes 2012, section 276.04, subdivision 2, is amended to read:
288.19 Subd. 2.
Contents of tax statements. (a) The treasurer shall provide for the printing
288.20of the tax statements. The commissioner of revenue shall prescribe the form of the property
288.21tax statement and its contents. The tax statement must not state or imply that property tax
288.22credits are paid by the state of Minnesota. The statement must contain a tabulated statement
288.23of the dollar amount due to each taxing authority and the amount of the state tax from the
288.24parcel of real property for which a particular tax statement is prepared. The dollar amounts
288.25attributable to the county, the state tax, the voter approved school tax, the other local school
288.26tax, the township or municipality, and the total of the metropolitan special taxing districts
288.27as defined in section
275.065, subdivision 3, paragraph (i), must be separately stated.
288.28The amounts due all other special taxing districts, if any, may be aggregated except that
288.29any levies made by the regional rail authorities in the county of Anoka, Carver, Dakota,
288.30Hennepin, Ramsey, Scott, or Washington under chapter 398A shall be listed on a separate
288.31line directly under the appropriate county's levy. If the county levy under this paragraph
288.32includes an amount for a lake improvement district as defined under sections
103B.501
288.33to
103B.581, the amount attributable for that purpose must be separately stated from the
288.34remaining county levy amount. In the case of Ramsey County, if the county levy under this
289.1paragraph includes an amount for public library service under section
134.07, the amount
289.2attributable for that purpose may be separated from the remaining county levy amount.
289.3The amount of the tax on homesteads qualifying under the senior citizens' property tax
289.4deferral program under chapter 290B is the total amount of property tax before subtraction
289.5of the deferred property tax amount. The amount of the tax on contamination value
289.6imposed under sections
270.91 to
270.98, if any, must also be separately stated. The dollar
289.7amounts, including the dollar amount of any special assessments, may be rounded to the
289.8nearest even whole dollar. For purposes of this section whole odd-numbered dollars may
289.9be adjusted to the next higher even-numbered dollar. The amount of market value excluded
289.10under section
273.11, subdivision 16, if any, must also be listed on the tax statement.
289.11 (b) The property tax statements for manufactured homes and sectional structures
289.12taxed as personal property shall contain the same information that is required on the
289.13tax statements for real property.
289.14 (c) Real and personal property tax statements must contain the following information
289.15in the order given in this paragraph. The information must contain the current year tax
289.16information in the right column with the corresponding information for the previous year
289.17in a column on the left:
289.18 (1) the property's estimated market value under section
273.11, subdivision 1;
289.19(2) the property's homestead market value exclusion under section
273.13,
289.20subdivision 35;
289.21 (3) the property's taxable market value
after reductions under
sections
273.11,
289.22subdivisions 1a and 16, and
273.13, subdivision 35 section 272.03, subdivision 15;
289.23 (4) the property's gross tax, before credits;
289.24 (5) for homestead agricultural properties, the credit under section
273.1384;
289.25 (6) any credits received under sections
273.119;
273.1234 or
273.1235;
273.135;
289.26273.1391
;
273.1398, subdivision 4;
469.171; and
473H.10, except that the amount of
289.27credit received under section
273.135 must be separately stated and identified as "taconite
289.28tax relief"; and
289.29 (7) the net tax payable in the manner required in paragraph (a).
289.30 (d) If the county uses envelopes for mailing property tax statements and if the county
289.31agrees, a taxing district may include a notice with the property tax statement notifying
289.32taxpayers when the taxing district will begin its budget deliberations for the current
289.33year, and encouraging taxpayers to attend the hearings. If the county allows notices to
289.34be included in the envelope containing the property tax statement, and if more than
289.35one taxing district relative to a given property decides to include a notice with the tax
290.1statement, the county treasurer or auditor must coordinate the process and may combine
290.2the information on a single announcement.
290.3 Sec. 36. Minnesota Statutes 2012, section 276A.01, subdivision 10, is amended to read:
290.4 Subd. 10.
Adjusted market value. "
Adjusted market value" of real and personal
290.5property within a municipality means the
assessor's estimated taxable market value
,
290.6as defined in section 272.03, of all real and personal property, including the value of
290.7manufactured housing, within the municipality
. For purposes of sections
276A.01 to
290.8276A.09, the commissioner of revenue shall annually make determinations and reports
290.9with respect to each municipality which are comparable to those it makes for school
290.10districts, adjusted for sales ratios in a manner similar to the adjustments made to city and
290.11town net tax capacities under section
127A.48, subdivisions 1 to 6, in the same manner
290.12and at the same times prescribed by the subdivision. The commissioner of revenue shall
290.13annually determine, for each municipality, information comparable to that required by
290.14section
475.53, subdivision 4, for school districts, as soon as practicable after it becomes
290.15available. The commissioner of revenue shall then compute the equalized market value of
290.16property within each municipality.
290.17EFFECTIVE DATE.This section is effective the day following final enactment.
290.18 Sec. 37. Minnesota Statutes 2012, section 276A.01, subdivision 12, is amended to read:
290.19 Subd. 12.
Fiscal capacity. "Fiscal capacity" of a municipality means its
valuation
290.20 adjusted market value, determined as of January 2 of any year, divided by its population,
290.21determined as of a date in the same year.
290.22 Sec. 38. Minnesota Statutes 2012, section 276A.01, subdivision 13, is amended to read:
290.23 Subd. 13.
Average fiscal capacity. "Average fiscal capacity" of municipalities
290.24means the sum of the
valuations adjusted market values of all municipalities, determined
290.25as of January 2 of any year, divided by the sum of their populations, determined as of
290.26a date in the same year.
290.27 Sec. 39. Minnesota Statutes 2012, section 276A.01, subdivision 15, is amended to read:
290.28 Subd. 15.
Net tax capacity. "Net tax capacity" means the
taxable market value of
290.29real and personal property multiplied by its net tax capacity rates in section
273.13.
290.30 Sec. 40. Minnesota Statutes 2012, section 276A.06, subdivision 10, is amended to read:
291.1 Subd. 10.
Adjustment of values for other computations. For the purpose of
291.2computing
the amount or rate of any salary, aid, tax, or debt authorized, required, or
291.3limited by any provision of any law or charter, where the authorization, requirement, or
291.4limitation is related to any value or valuation of taxable property within any governmental
291.5unit, the value or net tax capacity fiscal capacity under section 276A.01, subdivision 12, a
291.6municipality's taxable market value must be adjusted to reflect the
adjustments reductions
291.7 to net tax capacity effected by subdivision 2,
clause (a), provided that
: (1) in determining
291.8the
taxable market value of commercial-industrial property or any class thereof within
291.9a
governmental unit for any purpose other than section
276A.05 municipality,
(a) the
291.10reduction required by this subdivision is that amount which bears the same proportion to
291.11the amount subtracted from the
governmental unit's municipality's net tax capacity pursuant
291.12to subdivision 2, clause (a), as the
taxable market value of commercial-industrial property,
291.13or such class thereof, located within the
governmental unit municipality bears to the net
291.14tax capacity of commercial-industrial property, or such class thereof, located within the
291.15governmental unit, and (b) the increase required by this subdivision is that amount which
291.16bears the same proportion to the amount added to the governmental unit's net tax capacity
291.17pursuant to subdivision 2, clause (b), as the market value of commercial-industrial property,
291.18or such class thereof, located within the governmental unit bears to the net tax capacity of
291.19commercial-industrial property, or such class thereof, located within the governmental unit;
291.20and (2) in determining the market value of real property within a municipality for purposes
291.21of section
276A.05, the adjustment prescribed by clause (1)(a) must be made and that
291.22prescribed by clause (1)(b) must not be made municipality. No adjustment shall be made
291.23to taxable market value for the increase in net tax capacity under subdivision 2, clause (b).
291.24 Sec. 41. Minnesota Statutes 2012, section 287.08, is amended to read:
291.25287.08 TAX, HOW PAYABLE; RECEIPTS.
291.26 (a) The tax imposed by sections
287.01 to
287.12 must be paid to the treasurer of
291.27any county in this state in which the real property or some part is located at or before
291.28the time of filing the mortgage for record. The treasurer shall endorse receipt on the
291.29mortgage and the receipt is conclusive proof that the tax has been paid in the amount
291.30stated and authorizes any county recorder or registrar of titles to record the mortgage. Its
291.31form, in substance, shall be "registration tax hereon of ..................... dollars paid." If the
291.32mortgage is exempt from taxation the endorsement shall, in substance, be "exempt from
291.33registration tax." In either case the receipt must be signed by the treasurer. In case the
291.34treasurer is unable to determine whether a claim of exemption should be allowed, the tax
291.35must be paid as in the case of a taxable mortgage. For documents submitted electronically,
292.1the endorsements and tax amount shall be affixed electronically and no signature by the
292.2treasurer will be required. The actual payment method must be arranged in advance
292.3between the submitter and the receiving county.
292.4 (b) The county treasurer may refund in whole or in part any mortgage registry tax
292.5overpayment if a written application by the taxpayer is submitted to the county treasurer
292.6within 3-1/2 years from the date of the overpayment. If the county has not issued a denial
292.7of the application, the taxpayer may bring an action in Tax Court in the county in which
292.8the tax was paid at any time after the expiration of six months from the time that the
292.9application was submitted. A denial of refund may be appealed within 60 days from
292.10the date of the denial by bringing an action in Tax Court in the county in which the tax
292.11was paid. The action is commenced by the serving of a petition for relief on the county
292.12treasurer, and by filing a copy with the court. The county attorney shall defend the action.
292.13The county treasurer shall notify the treasurer of each county that has or would receive a
292.14portion of the tax as paid.
292.15 (c) If the county treasurer determines a refund should be paid, or if a refund is
292.16ordered by the court, the county treasurer of each county that actually received a portion
292.17of the tax shall immediately pay a proportionate share of three percent of the refund
292.18using any available county funds. The county treasurer of each county that received, or
292.19would have received, a portion of the tax shall also pay their county's proportionate share
292.20of the remaining 97 percent of the court-ordered refund on or before the 20th day of the
292.21following month using solely the mortgage registry tax funds that would be paid to the
292.22commissioner of revenue on that date under section
287.12. If the funds on hand under
292.23this procedure are insufficient to fully fund 97 percent of the court-ordered refund, the
292.24county treasurer of the county in which the action was brought shall file a claim with the
292.25commissioner of revenue under section
16A.48 for the remaining portion of 97 percent of
292.26the refund, and shall pay over the remaining portion upon receipt of a warrant from the
292.27state issued pursuant to the claim.
292.28 (d) When any mortgage covers real property located in more than one county in this
292.29state the total tax must be paid to the treasurer of the county where the mortgage is first
292.30presented for recording, and the payment must be receipted as provided in paragraph
292.31(a). If the principal debt or obligation secured by such a multiple county mortgage
292.32exceeds $10,000,000, the nonstate portion of the tax must be divided and paid over by
292.33the county treasurer receiving it, on or before the 20th day of each month after receipt,
292.34to the county or counties entitled in the ratio that the
estimated market value of the real
292.35property covered by the mortgage in each county bears to the
estimated market value of
292.36all the real property in this state described in the mortgage. In making the division and
293.1payment the county treasurer shall send a statement giving the description of the real
293.2property described in the mortgage and the
estimated market value of the part located in
293.3each county. For this purpose, the treasurer of any county may require the treasurer of
293.4any other county to certify to the former the
estimated market
valuation value of any tract
293.5of real property in any mortgage.
293.6 (e) The mortgagor must pay the tax imposed by sections
287.01 to
287.12. The
293.7mortgagee may undertake to collect and remit the tax on behalf of the mortgagor. If the
293.8mortgagee collects money from the mortgagor to remit the tax on behalf of the mortgagor,
293.9the mortgagee has a fiduciary duty to remit the tax on behalf of the mortgagor as to the
293.10amount of the tax collected for that purpose and the mortgagor is relieved of any further
293.11obligation to pay the tax as to the amount collected by the mortgagee for this purpose.
293.12 Sec. 42. Minnesota Statutes 2012, section 287.23, subdivision 1, is amended to read:
293.13 Subdivision 1.
Real property outside county. If any taxable deed or instrument
293.14describes any real property located in more than one county in this state, the total tax must
293.15be paid to the treasurer of the county where the document is first presented for recording,
293.16and the payment must be receipted as provided in section
287.08. If the net consideration
293.17exceeds $700,000, the nonstate portion of the tax must be divided and paid over by the
293.18county treasurer receiving it, on or before the 20th day of each month after receipt, to
293.19the county or counties entitled in the ratio which the
estimated market value of the real
293.20property covered by the document in each county bears to the
estimated market value of
293.21all the real property in this state described in the document. In making the division and
293.22payment the county treasurer shall send a statement to the other involved counties giving
293.23the description of the real property described in the document and the
estimated market
293.24value of the part located in each county. The treasurer of any county may require the
293.25treasurer of any other county to certify to the former the
estimated market
valuation value
293.26 of any parcel of real property for this purpose.
293.27 Sec. 43. Minnesota Statutes 2012, section 353G.08, subdivision 2, is amended to read:
293.28 Subd. 2.
Cash flow funding requirement. If the executive director determines that
293.29an account in the voluntary statewide lump-sum volunteer firefighter retirement plan has
293.30insufficient assets to meet the service pensions determined payable from the account,
293.31the executive director shall certify the amount of the potential service pension shortfall
293.32to the municipality or municipalities and the municipality or municipalities shall make
293.33an additional employer contribution to the account within ten days of the certification.
293.34If more than one municipality is associated with the account, unless the municipalities
294.1agree to a different allocation, the municipalities shall allocate the additional employer
294.2contribution one-half in proportion to the population of each municipality and one-half in
294.3proportion to the
estimated market value of the property of each municipality.
294.4 Sec. 44. Minnesota Statutes 2012, section 365.025, subdivision 4, is amended to read:
294.5 Subd. 4.
Major purchases: notice, petition, election. Before buying anything
294.6under subdivision 2 that costs more than 0.24177 percent of the
estimated market value of
294.7the town, the town must follow this subdivision.
294.8The town must publish in its official newspaper the board's resolution to pay for the
294.9property over time. Then a petition for an election on the contract may be filed with the
294.10clerk. The petition must be filed within ten days after the resolution is published. To require
294.11the election the petition must be signed by a number of voters equal to ten percent of the
294.12voters at the last regular town election. The contract then must be approved by a majority of
294.13those voting on the question. The question may be voted on at a regular or special election.
294.14 Sec. 45. Minnesota Statutes 2012, section 366.095, subdivision 1, is amended to read:
294.15 Subdivision 1.
Certificates of indebtedness. The town board may issue certificates
294.16of indebtedness within the debt limits for a town purpose otherwise authorized by law.
294.17The certificates shall be payable in not more than ten years and be issued on the terms and
294.18in the manner as the board may determine. If the amount of the certificates to be issued
294.19exceeds 0.25 percent of the
estimated market value of the town, they shall not be issued
294.20for at least ten days after publication in a newspaper of general circulation in the town of
294.21the board's resolution determining to issue them. If within that time, a petition asking for
294.22an election on the proposition signed by voters equal to ten percent of the number of voters
294.23at the last regular town election is filed with the clerk, the certificates shall not be issued
294.24until their issuance has been approved by a majority of the votes cast on the question at
294.25a regular or special election. A tax levy shall be made to pay the principal and interest
294.26on the certificates as in the case of bonds.
294.27 Sec. 46. Minnesota Statutes 2012, section 366.27, is amended to read:
294.28366.27 FIREFIGHTERS' RELIEF; TAX LEVY.
294.29The town board of any town in this state having therein a platted portion on
294.30which resides 1,200 or more people, and wherein a duly incorporated firefighters' relief
294.31association is located may each year levy a tax not to exceed 0.00806 percent of
taxable
294.32 estimated market value for the benefit of the relief association.
295.1 Sec. 47. Minnesota Statutes 2012, section 368.01, subdivision 23, is amended to read:
295.2 Subd. 23.
Financing purchase of certain equipment. The town board may issue
295.3certificates of indebtedness within debt limits to purchase fire or police equipment or
295.4ambulance equipment or street construction or maintenance equipment. The certificates
295.5shall be payable in not more than five years and be issued on terms and in the manner as the
295.6board may determine. If the amount of the certificates to be issued to finance a purchase
295.7exceeds 0.24177 percent of the
estimated market value of the town,
excluding money
295.8and credits, they shall not be issued for at least ten days after publication in the official
295.9newspaper of a town board resolution determining to issue them. If before the end of that
295.10time, a petition asking for an election on the proposition signed by voters equal to ten
295.11percent of the number of voters at the last regular town election is filed with the clerk, the
295.12certificates shall not be issued until the proposition of their issuance has been approved by a
295.13majority of the votes cast on the question at a regular or special election. A tax levy shall be
295.14made for the payment of the principal and interest on the certificates as in the case of bonds.
295.15 Sec. 48. Minnesota Statutes 2012, section 368.47, is amended to read:
295.16368.47 TOWNS MAY BE DISSOLVED.
295.17(1) When the voters residing within a town have failed to elect any town officials for
295.18more than ten years continuously;
295.19(2) when a town has failed for a period of ten years to exercise any of the powers
295.20and functions of a town;
295.21(3) when the
estimated market value of a town drops to less than $165,000;
295.22(4) when the tax delinquency of a town, exclusive of taxes that are delinquent or
295.23unpaid because they are contested in proceedings for the enforcement of taxes, amounts to
295.2412 percent of its market value; or
295.25(5) when the state or federal government has acquired title to 50 percent of the
295.26real estate of a town,
295.27which facts, or any of them, may be found and determined by the resolution of the county
295.28board of the county in which the town is located, according to the official records in the
295.29office of the county auditor, the county board by resolution may declare the town, naming
295.30it, dissolved and no longer entitled to exercise any of the powers or functions of a town.
295.31In Cass, Itasca, and St. Louis Counties, before the dissolution is effective the voters
295.32of the town shall express their approval or disapproval. The town clerk shall, upon a
295.33petition signed by a majority of the registered voters of the town, filed with the clerk at
295.34least 60 days before a regular or special town election, give notice at the same time and
295.35in the same manner of the election that the question of dissolution of the town will be
296.1submitted for determination at the election. At the election the question shall be voted
296.2upon by a separate ballot, the terms of which shall be either "for dissolution" or "against
296.3dissolution." The ballot shall be deposited in a separate ballot box and the result of the
296.4voting canvassed, certified, and returned in the same manner and at the same time as
296.5other facts and returns of the election. If a majority of the votes cast at the election are
296.6for dissolution, the town shall be dissolved. If a majority of the votes cast at the election
296.7are against dissolution, the town shall not be dissolved.
296.8When a town is dissolved under sections
368.47 to
368.49 the county shall acquire
296.9title to any telephone company or other business conducted by the town. The business
296.10shall be operated by the board of county commissioners until it can be sold. The
296.11subscribers or patrons of the business shall have the first opportunity of purchase. If the
296.12town has any outstanding indebtedness chargeable to the business, the county auditor shall
296.13levy a tax against the property situated in the dissolved town to pay the indebtedness
296.14as it becomes due.
296.15 Sec. 49. Minnesota Statutes 2012, section 370.01, is amended to read:
296.16370.01 CHANGE OF BOUNDARIES; CREATION OF NEW COUNTIES.
296.17The boundaries of counties may be changed by taking territory from a county and
296.18attaching it to an adjoining county, and new counties may be established out of territory of
296.19one or more existing counties. A new county shall contain at least 400 square miles and
296.20have at least 4,000 inhabitants. A proposed new county must have a total
taxable estimated
296.21 market value of at least 35 percent of (i) the total
taxable estimated market value of the
296.22existing county, or (ii) the average total
taxable estimated market value of the existing
296.23counties, included in the proposition. The determination of the
taxable estimated market
296.24value of a county must be made by the commissioner of revenue. An existing county shall
296.25not be reduced in area below 400 square miles, have less than 4,000 inhabitants, or have a
296.26total
taxable estimated market value of less than that required of a new county.
296.27No change in the boundaries of any county having an area of more than 2,500 square
296.28miles, whether by the creation of a new county, or otherwise, shall detach from the existing
296.29county any territory within 12 miles of the county seat.
296.30 Sec. 50. Minnesota Statutes 2012, section 373.40, subdivision 1, is amended to read:
296.31 Subdivision 1.
Definitions. For purposes of this section, the following terms have
296.32the meanings given.
296.33(a) "Bonds" means an obligation as defined under section
475.51.
297.1(b) "Capital improvement" means acquisition or betterment of public lands,
297.2buildings, or other improvements within the county for the purpose of a county courthouse,
297.3administrative building, health or social service facility, correctional facility, jail, law
297.4enforcement center, hospital, morgue, library, park, qualified indoor ice arena, roads and
297.5bridges, and the acquisition of development rights in the form of conservation easements
297.6under chapter 84C. An improvement must have an expected useful life of five years or
297.7more to qualify. "Capital improvement" does not include a recreation or sports facility
297.8building (such as, but not limited to, a gymnasium, ice arena, racquet sports facility,
297.9swimming pool, exercise room or health spa), unless the building is part of an outdoor
297.10park facility and is incidental to the primary purpose of outdoor recreation.
297.11(c) "Metropolitan county" means a county located in the seven-county metropolitan
297.12area as defined in section
473.121 or a county with a population of 90,000 or more.
297.13(d) "Population" means the population established by the most recent of the
297.14following (determined as of the date the resolution authorizing the bonds was adopted):
297.15(1) the federal decennial census,
297.16(2) a special census conducted under contract by the United States Bureau of the
297.17Census, or
297.18(3) a population estimate made either by the Metropolitan Council or by the state
297.19demographer under section
4A.02.
297.20(e) "Qualified indoor ice arena" means a facility that meets the requirements of
297.21section
373.43.
297.22(f) "Tax capacity" means total taxable market value, but does not include captured
297.23market value.
297.24 Sec. 51. Minnesota Statutes 2012, section 373.40, subdivision 4, is amended to read:
297.25 Subd. 4.
Limitations on amount. A county may not issue bonds under this section
297.26if the maximum amount of principal and interest to become due in any year on all the
297.27outstanding bonds issued pursuant to this section (including the bonds to be issued) will
297.28equal or exceed 0.12 percent of
taxable the estimated market value of property in the
297.29county. Calculation of the limit must be made using the
taxable estimated market value for
297.30the taxes payable year in which the obligations are issued and sold. This section does not
297.31limit the authority to issue bonds under any other special or general law.
297.32 Sec. 52. Minnesota Statutes 2012, section 375.167, subdivision 1, is amended to read:
297.33 Subdivision 1.
Appropriations. Notwithstanding any contrary law, a county board
297.34may appropriate from the general revenue fund to any nonprofit corporation a sum not
298.1to exceed 0.00604 percent of
taxable estimated market value to provide legal assistance
298.2to persons who are unable to afford private legal counsel.
298.3 Sec. 53. Minnesota Statutes 2012, section 375.18, subdivision 3, is amended to read:
298.4 Subd. 3.
Courthouse. Each county board may erect, furnish, and maintain a
298.5suitable courthouse. No indebtedness shall be created for a courthouse in excess of an
298.6amount equal to a levy of 0.04030 percent of
taxable estimated market value without the
298.7approval of a majority of the voters of the county voting on the question of issuing the
298.8obligation at an election.
298.9 Sec. 54. Minnesota Statutes 2012, section 375.555, is amended to read:
298.10375.555 FUNDING.
298.11To implement the county emergency jobs program, the county board may expend
298.12an amount equal to what would be generated by a levy of 0.01209 percent of
taxable
298.13 estimated market value. The money to be expended may be from any available funds
298.14not otherwise earmarked.
298.15 Sec. 55. Minnesota Statutes 2012, section 383B.152, is amended to read:
298.16383B.152 BUILDING AND MAINTENANCE FUND.
298.17The county board may by resolution levy a tax to provide money which shall be kept
298.18in a fund known as the county reserve building and maintenance fund. Money in the fund
298.19shall be used solely for the construction, maintenance, and equipping of county buildings
298.20that are constructed or maintained by the board. The levy shall not be subject to any limit
298.21fixed by any other law or by any board of tax levy or other corresponding body, but shall
298.22not exceed 0.02215 percent of
taxable estimated market value, less the amount required by
298.23chapter 475 to be levied in the year for the payment of the principal of and interest on all
298.24bonds issued pursuant to Extra Session Laws 1967, chapter 47, section 1.
298.25 Sec. 56. Minnesota Statutes 2012, section 383B.245, is amended to read:
298.26383B.245 LIBRARY LEVY.
298.27 (a) The county board may levy a tax on the taxable property within the county to
298.28acquire, better, and construct county library buildings and branches and to pay principal
298.29and interest on bonds issued for that purpose.
298.30 (b) The county board may by resolution adopted by a five-sevenths vote issue and
298.31sell general obligation bonds of the county in the manner provided in sections
475.60 to
299.1475.73
. The bonds shall not be subject to the limitations of sections
475.51 to
475.59,
299.2but the maturity years and amounts and interest rates of each series of bonds shall be
299.3fixed so that the maximum amount of principal and interest to become due in any year,
299.4on the bonds of that series and of all outstanding series issued by or for the purposes of
299.5libraries, shall not exceed an amount equal to 0.01612 percent of
estimated market value
299.6of all taxable property in the county as last finally equalized before the issuance of the new
299.7series. When the tax levy authorized in this section is collected it shall be appropriated
299.8and credited to a debt service fund for the bonds in amounts required each year in lieu of a
299.9countywide tax levy for the debt service fund under section
475.61.
299.10 Sec. 57. Minnesota Statutes 2012, section 383B.73, subdivision 1, is amended to read:
299.11 Subdivision 1.
Levy. To provide funds for the purposes of the Three Rivers Park
299.12District as set forth in its annual budget, in lieu of the levies authorized by any other
299.13special law for such purposes, the Board of Park District Commissioners may levy taxes
299.14on all the taxable property in the county and park district at a rate not exceeding 0.03224
299.15percent of
estimated market value. Notwithstanding section
398.16, on or before October
299.161 of each year, after public hearing, the Board of Park District Commissioners shall adopt
299.17a budget for the ensuing year and shall determine the total amount necessary to be raised
299.18from ad valorem tax levies to meet its budget. The Board of Park District Commissioners
299.19shall submit the budget to the county board. The county board may veto or modify an item
299.20contained in the budget. If the county board determines to veto or to modify an item in the
299.21budget, it must, within 15 days after the budget was submitted by the district board, state
299.22in writing the specific reasons for its objection to the item vetoed or the reason for the
299.23modification. The Park District Board, after consideration of the county board's objections
299.24and proposed modifications, may reapprove a vetoed item or the original version of an item
299.25with respect to which a modification has been proposed, by a two-thirds majority. If the
299.26district board does not reapprove a vetoed item, the item shall be deleted from the budget.
299.27If the district board does not reapprove the original version of a modified item, the item
299.28shall be included in the budget as modified by the county board. After adoption of the final
299.29budget and no later than October 1, the superintendent of the park district shall certify to the
299.30office of the Hennepin County director of tax and public records exercising the functions
299.31of the county auditor the total amount to be raised from ad valorem tax levies to meet its
299.32budget for the ensuing year. The director of tax and public records shall add the amount of
299.33any levy certified by the district to other tax levies on the property of the county within the
299.34district for collection by the director of tax and public records with other taxes. When
300.1collected, the director shall make settlement of such taxes with the district in the same
300.2manner as other taxes are distributed to the other political subdivisions in Hennepin County.
300.3 Sec. 58. Minnesota Statutes 2012, section 383E.20, is amended to read:
300.4383E.20 BONDING FOR COUNTY LIBRARY BUILDINGS.
300.5 The Anoka County Board may, by resolution adopted by a four-sevenths vote, issue
300.6and sell general obligation bonds of the county in the manner provided in chapter 475 to
300.7acquire, better, and construct county library buildings. The bonds shall not be subject to the
300.8requirements of sections 475.57 to 475.59. The maturity years and amounts and interest
300.9rates of each series of bonds shall be fixed so that the maximum amount of principal and
300.10interest to become due in any year, on the bonds of that series and of all outstanding series
300.11issued by or for the purposes of libraries, shall not exceed an amount equal to .01 percent
300.12of the
taxable estimated market value of all taxable property in the county, excluding any
300.13taxable property taxed by any city for the support of any free public library. When the tax
300.14levy authorized in this section is collected, it shall be appropriated and credited to a debt
300.15service fund for the bonds. The tax levy for the debt service fund under section 475.61
300.16shall be reduced by the amount available or reasonably anticipated to be available in the
300.17fund to make payments otherwise payable from the levy pursuant to section 475.61.
300.18 Sec. 59. Minnesota Statutes 2012, section 383E.23, is amended to read:
300.19383E.23 LIBRARY TAX.
300.20The Anoka County Board may levy a tax of not more than .01 percent of the
taxable
300.21 estimated market value of taxable property located within the county excluding any
300.22taxable property taxed by any city for the support of any free public library, to acquire,
300.23better, and construct county library buildings and to pay principal and interest on bonds
300.24issued for that purpose. The tax shall be disregarded in the calculation of levies or limits
300.25on levies provided by section 373.40, or other law.
300.26 Sec. 60. Minnesota Statutes 2012, section 385.31, is amended to read:
300.27385.31 PAYMENT OF COUNTY ORDERS OR WARRANTS.
300.28When any order or warrant drawn on the treasurer is presented for payment, if there
300.29is money in the treasury for that purpose, the county treasurer shall redeem the same, and
300.30write across the entire face thereof the word "redeemed," the date of the redemption, and
300.31the treasurer's official signature. If there is not sufficient funds in the proper accounts to
300.32pay such orders they shall be numbered and registered in their order of presentation,
301.1and proper endorsement thereof shall be made on such orders and they shall be entitled
301.2to payment in like order. Such orders shall bear interest at not to exceed the rate of six
301.3percent per annum from such date of presentment. The treasurer, as soon as there is
301.4sufficient money in the treasury, shall appropriate and set apart a sum sufficient for the
301.5payment of the orders so presented and registered, and, if entitled to interest, issue to the
301.6original holder a notice that interest will cease in 30 days from the date of such notice; and,
301.7if orders thus entitled to priority of payment are not then presented, the next in order of
301.8registry may be paid until such orders are presented. No interest shall be paid on any order,
301.9except upon a warrant drawn by the county auditor for that purpose, giving the number
301.10and the date of the order on account of which the interest warrant is drawn. In any county
301.11in this state now or hereafter having
a an estimated market value of all taxable property
,
301.12exclusive of money and credits, of not less than $1,033,000,000, the county treasurer, in
301.13order to save payment of interest on county warrants drawn upon a fund in which there
301.14shall be temporarily insufficient money in the treasury to redeem the same, may borrow
301.15temporarily from any other fund in the county treasury in which there is a sufficient balance
301.16to care for the needs of such fund and allow a temporary loan or transfer to any other fund,
301.17and may pay such warrants out of such funds. Any such money so transferred and used in
301.18redeeming such county warrants shall be returned to the fund from which drawn as soon
301.19as money shall come in to the credit of such fund on which any such warrant was drawn
301.20and paid as aforesaid. Any county operating on a cash basis may use a combined form of
301.21warrant or order and check, which, when signed by the chair of the county board and by
301.22the auditor, is an order or warrant for the payment of the claim, and, when countersigned
301.23by the county treasurer, is a check for the payment of the amount thereof.
301.24 Sec. 61. Minnesota Statutes 2012, section 394.36, subdivision 1, is amended to read:
301.25 Subdivision 1.
Continuation of nonconformity; limitations. Except as provided in
301.26subdivision 2, 3, or 4, any nonconformity, including the lawful use or occupation of land
301.27or premises existing at the time of the adoption of an official control under this chapter,
301.28may be continued, although the use or occupation does not conform to the official control.
301.29If the nonconformity or occupancy is discontinued for a period of more than one year, or
301.30any nonconforming building or structure is destroyed by fire or other peril to the extent of
301.3150 percent of its
estimated market value, any subsequent use or occupancy of the land or
301.32premises shall be a conforming use or occupancy.
301.33 Sec. 62. Minnesota Statutes 2012, section 398A.04, subdivision 8, is amended to read:
302.1 Subd. 8.
Taxation. Before deciding to exercise the power to tax, the authority shall
302.2give six weeks' published notice in all municipalities in the region. If a number of voters
302.3in the region equal to five percent of those who voted for candidates for governor at the
302.4last gubernatorial election present a petition within nine weeks of the first published notice
302.5to the secretary of state requesting that the matter be submitted to popular vote, it shall be
302.6submitted at the next general election. The question prepared shall be:
302.7"Shall the regional rail authority have the power to impose a property tax?
302.8
|
|
Yes
.....
|
|
302.9
|
|
No
.....
"
|
|
302.10If a majority of those voting on the question approve or if no petition is presented
302.11within the prescribed time the authority may levy a tax at any annual rate not exceeding
302.120.04835 percent of
estimated market value of all taxable property situated within the
302.13municipality or municipalities named in its organization resolution. Its recording officer
302.14shall file, on or before September 15, in the office of the county auditor of each county
302.15in which territory under the jurisdiction of the authority is located a certified copy of the
302.16board of commissioners' resolution levying the tax, and each county auditor shall assess
302.17and extend upon the tax rolls of each municipality named in the organization resolution the
302.18portion of the tax that bears the same ratio to the whole amount that the net tax capacity of
302.19taxable property in that municipality bears to the net tax capacity of taxable property in
302.20all municipalities named in the organization resolution. Collections of the tax shall be
302.21remitted by each county treasurer to the treasurer of the authority. For taxes levied in 1991,
302.22the amount levied for light rail transit purposes under this subdivision shall not exceed 75
302.23percent of the amount levied in 1990 for light rail transit purposes under this subdivision.
302.24 Sec. 63. Minnesota Statutes 2012, section 401.05, subdivision 3, is amended to read:
302.25 Subd. 3.
Leasing. (a) A county or joint powers board of a group of counties
302.26which acquires or constructs and equips or improves facilities under this chapter may,
302.27with the approval of the board of county commissioners of each county, enter into a
302.28lease agreement with a city situated within any of the counties, or a county housing and
302.29redevelopment authority established under chapter 469 or any special law. Under the lease
302.30agreement, the city or county housing and redevelopment authority shall:
302.31(1) construct or acquire and equip or improve a facility in accordance with plans
302.32prepared by or at the request of a county or joint powers board of the group of counties
302.33and approved by the commissioner of corrections; and
302.34(2) finance the facility by the issuance of revenue bonds.
303.1(b) The county or joint powers board of a group of counties may lease the facility
303.2site, improvements, and equipment for a term upon rental sufficient to produce revenue
303.3for the prompt payment of the revenue bonds and all interest accruing on them. Upon
303.4completion of payment, the lessee shall acquire title. The real and personal property
303.5acquired for the facility constitutes a project and the lease agreement constitutes a revenue
303.6agreement as provided in sections
469.152 to
469.165. All proceedings by the city or
303.7county housing and redevelopment authority and the county or joint powers board shall be
303.8as provided in sections
469.152 to
469.165, with the following adjustments:
303.9(1) no tax may be imposed upon the property;
303.10(2) the approval of the project by the commissioner of employment and economic
303.11development is not required;
303.12(3) the Department of Corrections shall be furnished and shall record information
303.13concerning each project as it may prescribe, in lieu of reports required on other projects to
303.14the commissioner of employment and economic development;
303.15(4) the rentals required to be paid under the lease agreement shall not exceed in any
303.16year one-tenth of one percent of the
estimated market value of property within the county
303.17or group of counties as last equalized before the execution of the lease agreement;
303.18(5) the county or group of counties shall provide for payment of all rentals due
303.19during the term of the lease agreement in the manner required in subdivision 4;
303.20(6) no mortgage on the facilities shall be granted for the security of the bonds, but
303.21compliance with clause (5) may be enforced as a nondiscretionary duty of the county
303.22or group of counties; and
303.23(7) the county or the joint powers board of the group of counties may sublease any
303.24part of the facilities for purposes consistent with their maintenance and operation.
303.25 Sec. 64. Minnesota Statutes 2012, section 410.32, is amended to read:
303.26410.32 CITIES MAY ISSUE CAPITAL NOTES FOR CAPITAL EQUIPMENT.
303.27 (a) Notwithstanding any contrary provision of other law or charter, a home rule
303.28charter city may, by resolution and without public referendum, issue capital notes subject
303.29to the city debt limit to purchase capital equipment.
303.30 (b) For purposes of this section, "capital equipment" means:
303.31 (1) public safety equipment, ambulance and other medical equipment, road
303.32construction and maintenance equipment, and other capital equipment; and
303.33 (2) computer hardware and software, whether bundled with machinery or equipment
303.34or unbundled.
304.1 (c) The equipment or software must have an expected useful life at least as long
304.2as the term of the notes.
304.3 (d) The notes shall be payable in not more than ten years and be issued on terms
304.4and in the manner the city determines. The total principal amount of the capital notes
304.5issued in a fiscal year shall not exceed 0.03 percent of the
estimated market value of
304.6taxable property in the city for that year.
304.7 (e) A tax levy shall be made for the payment of the principal and interest on the
304.8notes, in accordance with section
475.61, as in the case of bonds.
304.9 (f) Notes issued under this section shall require an affirmative vote of two-thirds of
304.10the governing body of the city.
304.11 (g) Notwithstanding a contrary provision of other law or charter, a home rule charter
304.12city may also issue capital notes subject to its debt limit in the manner and subject to the
304.13limitations applicable to statutory cities pursuant to section
412.301.
304.14 Sec. 65. Minnesota Statutes 2012, section 412.221, subdivision 2, is amended to read:
304.15 Subd. 2.
Contracts. The council shall have power to make such contracts as may
304.16be deemed necessary or desirable to make effective any power possessed by the council.
304.17The city may purchase personal property through a conditional sales contract and real
304.18property through a contract for deed under which contracts the seller is confined to the
304.19remedy of recovery of the property in case of nonpayment of all or part of the purchase
304.20price, which shall be payable over a period of not to exceed five years. When the contract
304.21price of property to be purchased by contract for deed or conditional sales contract
304.22exceeds 0.24177 percent of the
estimated market value of the city, the city may not enter
304.23into such a contract for at least ten days after publication in the official newspaper of a
304.24council resolution determining to purchase property by such a contract; and, if before the
304.25end of that time a petition asking for an election on the proposition signed by voters equal
304.26to ten percent of the number of voters at the last regular city election is filed with the clerk,
304.27the city may not enter into such a contract until the proposition has been approved by a
304.28majority of the votes cast on the question at a regular or special election.
304.29 Sec. 66. Minnesota Statutes 2012, section 412.301, is amended to read:
304.30412.301 FINANCING PURCHASE OF CERTAIN EQUIPMENT.
304.31 (a) The council may issue certificates of indebtedness or capital notes subject to the
304.32city debt limits to purchase capital equipment.
304.33 (b) For purposes of this section, "capital equipment" means:
305.1 (1) public safety equipment, ambulance and other medical equipment, road
305.2construction and maintenance equipment, and other capital equipment; and
305.3 (2) computer hardware and software, whether bundled with machinery or equipment
305.4or unbundled.
305.5 (c) The equipment or software must have an expected useful life at least as long as
305.6the terms of the certificates or notes.
305.7 (d) Such certificates or notes shall be payable in not more than ten years and shall be
305.8issued on such terms and in such manner as the council may determine.
305.9 (e) If the amount of the certificates or notes to be issued to finance any such purchase
305.10exceeds 0.25 percent of the
estimated market value of taxable property in the city, they
305.11shall not be issued for at least ten days after publication in the official newspaper of
305.12a council resolution determining to issue them; and if before the end of that time, a
305.13petition asking for an election on the proposition signed by voters equal to ten percent
305.14of the number of voters at the last regular municipal election is filed with the clerk, such
305.15certificates or notes shall not be issued until the proposition of their issuance has been
305.16approved by a majority of the votes cast on the question at a regular or special election.
305.17 (f) A tax levy shall be made for the payment of the principal and interest on such
305.18certificates or notes, in accordance with section
475.61, as in the case of bonds.
305.19 Sec. 67. Minnesota Statutes 2012, section 428A.02, subdivision 1, is amended to read:
305.20 Subdivision 1.
Ordinance. The governing body of a city may adopt an ordinance
305.21establishing a special service district. Only property that is classified under section
273.13
305.22and used for commercial, industrial, or public utility purposes, or is vacant land zoned or
305.23designated on a land use plan for commercial or industrial use and located in the special
305.24service district, may be subject to the charges imposed by the city on the special service
305.25district. Other types of property may be included within the boundaries of the special
305.26service district but are not subject to the levies or charges imposed by the city on the
305.27special service district. If 50 percent or more of the
estimated market value of a parcel of
305.28property is classified under section
273.13 as commercial, industrial, or vacant land zoned
305.29or designated on a land use plan for commercial or industrial use, or public utility for the
305.30current assessment year, then the entire
taxable market value of the property is subject to a
305.31service charge based on net tax capacity for purposes of sections
428A.01 to
428A.10.
305.32The ordinance shall describe with particularity the area within the city to be included in
305.33the district and the special services to be furnished in the district. The ordinance may not
305.34be adopted until after a public hearing has been held on the question. Notice of the hearing
305.35shall include the time and place of hearing, a map showing the boundaries of the proposed
306.1district, and a statement that all persons owning property in the proposed district that
306.2would be subject to a service charge will be given opportunity to be heard at the hearing.
306.3Within 30 days after adoption of the ordinance under this subdivision, the governing body
306.4shall send a copy of the ordinance to the commissioner of revenue.
306.5 Sec. 68. Minnesota Statutes 2012, section 430.102, subdivision 2, is amended to read:
306.6 Subd. 2.
Council approval; special tax levy limitation. The council shall receive
306.7and consider the estimate required in subdivision 1 and the items of cost after notice and
306.8hearing before it or its appropriate committee as it considers necessary or expedient, and
306.9shall approve the estimate, with necessary amendments. The amounts of each item of cost
306.10estimated are then appropriated to operate, maintain, and improve the pedestrian mall
306.11during the next fiscal year. The amount of the special tax to be charged under subdivision
306.121, clause (3), must not, however, exceed 0.12089 percent of
estimated market value of
306.13taxable property in the district. The council shall make any necessary adjustment in costs of
306.14operating and maintaining the district to keep the amount of the tax within this limitation.
306.15 Sec. 69. Minnesota Statutes 2012, section 447.10, is amended to read:
306.16447.10 TAX LEVY FOR OPERATING AND MAINTAINING HOSPITAL.
306.17The governing body of a city of the first class owning a hospital may annually levy
306.18a tax to operate and maintain the hospital. The tax must not exceed 0.00806 percent of
306.19taxable estimated market value.
306.20 Sec. 70. Minnesota Statutes 2012, section 450.19, is amended to read:
306.21450.19 TOURIST CAMPING GROUNDS.
306.22A home rule charter or statutory city or town may establish and maintain public
306.23tourist camping grounds. The governing body thereof may acquire by lease, purchase, or
306.24gift, suitable lands located either within or without the corporate limits for use as public
306.25tourist camping grounds and provide for the equipment, operation, and maintenance
306.26of the same. The amount that may be expended for the maintenance, improvement, or
306.27operation of tourist camping grounds shall not exceed, in any year, a sum equal to 0.00806
306.28percent of
taxable estimated market value.
306.29 Sec. 71. Minnesota Statutes 2012, section 450.25, is amended to read:
306.30450.25 MUSEUM, GALLERY, OR SCHOOL OF ARTS OR CRAFTS; TAX
306.31LEVY.
307.1After the acquisition of any museum, gallery, or school of arts or crafts, the board
307.2of park commissioners of the city in which it is located shall cause to be included in the
307.3annual tax levy upon all the taxable property of the county in which the museum, gallery,
307.4or school of arts or crafts is located, a tax of 0.00846 percent of
estimated market value.
307.5The board shall certify the levy to the county auditor and it shall be added to, and collected
307.6with and as part of, the general, real, and personal property taxes, with like penalties and
307.7interest, in case of nonpayment and default, and all provisions of law in respect to the
307.8levy, collection, and enforcement of other taxes shall, so far as applicable, be followed in
307.9respect of these taxes. All of these taxes, penalties, and interest, when collected, shall be
307.10paid to the city treasurer of the city in which is located the museum, gallery, or school
307.11of arts or crafts and credited to a fund to be known as the park museum fund, and shall
307.12be used only for the purposes specified in sections
450.23 to
450.25. Any part of the
307.13proceeds of the levy not expended for the purposes specified in section
450.24 may be
307.14used for the erection of new buildings for the same purposes.
307.15 Sec. 72. Minnesota Statutes 2012, section 458A.10, is amended to read:
307.16458A.10 PROPERTY TAX.
307.17The commission shall annually levy a tax not to exceed 0.12089 percent of
estimated
307.18market value on all the taxable property in the transit area at a rate sufficient to produce
307.19an amount necessary for the purposes of sections
458A.01 to
458A.15, other than the
307.20payment of principal and interest due on any revenue bonds issued pursuant to section
307.21458A.05
. Property taxes levied under this section shall be certified by the commission to
307.22the county auditors of the transit area, extended, assessed, and collected in the manner
307.23provided by law for the property taxes levied by the governing bodies of cities. The
307.24proceeds of the taxes levied under this section shall be remitted by the respective county
307.25treasurers to the treasurer of the commission, who shall credit the same to the funds of
307.26the commission for use for the purposes of sections
458A.01 to
458A.15 subject to any
307.27applicable pledges or limitations on account of tax anticipation certificates or other
307.28specific purposes. At any time after making a tax levy under this section and certifying
307.29it to the county auditors, the commission may issue general obligation certificates of
307.30indebtedness in anticipation of the collection of the taxes as provided by section
412.261.
307.31 Sec. 73. Minnesota Statutes 2012, section 458A.31, subdivision 1, is amended to read:
307.32 Subdivision 1.
Levy limit. Notwithstanding anything to the contrary contained in
307.33the charter of the city of Duluth, any ordinance thereof, or any statute applicable thereto,
307.34limiting the amount levied in any one year for general or special purposes, the city council
308.1of the city of Duluth shall each year levy a tax in an amount not to exceed 0.07253
308.2percent of
taxable estimated market value, by ordinance. An ordinance fixing the levy
308.3shall take effect immediately upon its passage and approval. The proceeds of the levy
308.4shall be paid into the city treasury and deposited in the operating fund provided for in
308.5section
458A.24, subdivision 3.
308.6 Sec. 74. Minnesota Statutes 2012, section 465.04, is amended to read:
308.7465.04 ACCEPTANCE OF GIFTS.
308.8Cities of the second, third, or fourth class, having at any time
a an estimated
308.9 market value of not more than $41,000,000,
exclusive of money and credits, as officially
308.10equalized by the commissioner of revenue, either under home rule charter or under the
308.11laws of this state, in addition to all other powers possessed by them, hereby are authorized
308.12and empowered to receive and accept gifts and donations for the use and benefit of
308.13such cities and the inhabitants thereof upon terms and conditions to be approved by the
308.14governing bodies of such cities; and such cities are authorized to comply with and perform
308.15such terms and conditions, which may include payment to the donor or donors of interest
308.16on the value of the gift at not exceeding five percent per annum payable annually or
308.17semiannually, during the remainder of the natural life or lives of such donor or donors.
308.18 Sec. 75. Minnesota Statutes 2012, section 469.033, subdivision 6, is amended to read:
308.19 Subd. 6.
Operation area as taxing district, special tax. All of the territory included
308.20within the area of operation of any authority shall constitute a taxing district for the
308.21purpose of levying and collecting special benefit taxes as provided in this subdivision. All
308.22of the taxable property, both real and personal, within that taxing district shall be deemed
308.23to be benefited by projects to the extent of the special taxes levied under this subdivision.
308.24Subject to the consent by resolution of the governing body of the city in and for which
308.25it was created, an authority may levy a tax upon all taxable property within that taxing
308.26district. The tax shall be extended, spread, and included with and as a part of the general
308.27taxes for state, county, and municipal purposes by the county auditor, to be collected and
308.28enforced therewith, together with the penalty, interest, and costs. As the tax, including any
308.29penalties, interest, and costs, is collected by the county treasurer it shall be accumulated
308.30and kept in a separate fund to be known as the "housing and redevelopment project fund."
308.31The money in the fund shall be turned over to the authority at the same time and in the same
308.32manner that the tax collections for the city are turned over to the city, and shall be expended
308.33only for the purposes of sections
469.001 to
469.047. It shall be paid out upon vouchers
308.34signed by the chair of the authority or an authorized representative. The amount of the
309.1levy shall be an amount approved by the governing body of the city, but shall not exceed
309.20.0185 percent of
taxable estimated market value. The authority shall each year formulate
309.3and file a budget in accordance with the budget procedure of the city in the same manner as
309.4required of executive departments of the city or, if no budgets are required to be filed, by
309.5August 1. The amount of the tax levy for the following year shall be based on that budget.
309.6 Sec. 76. Minnesota Statutes 2012, section 469.034, subdivision 2, is amended to read:
309.7 Subd. 2.
General obligation revenue bonds. (a) An authority may pledge the
309.8general obligation of the general jurisdiction governmental unit as additional security for
309.9bonds payable from income or revenues of the project or the authority. The authority
309.10must find that the pledged revenues will equal or exceed 110 percent of the principal and
309.11interest due on the bonds for each year. The proceeds of the bonds must be used for a
309.12qualified housing development project or projects. The obligations must be issued and
309.13sold in the manner and following the procedures provided by chapter 475, except the
309.14obligations are not subject to approval by the electors, and the maturities may extend to
309.15not more than 35 years for obligations sold to finance housing for the elderly and 40 years
309.16for other obligations issued under this subdivision. The authority is the municipality for
309.17purposes of chapter 475.
309.18(b) The principal amount of the issue must be approved by the governing body of
309.19the general jurisdiction governmental unit whose general obligation is pledged. Public
309.20hearings must be held on issuance of the obligations by both the authority and the general
309.21jurisdiction governmental unit. The hearings must be held at least 15 days, but not more
309.22than 120 days, before the sale of the obligations.
309.23(c) The maximum amount of general obligation bonds that may be issued and
309.24outstanding under this section equals the greater of (1) one-half of one percent of the
309.25taxable estimated market value of the general jurisdiction governmental unit whose
309.26general obligation is pledged, or (2) $3,000,000. In the case of county or multicounty
309.27general obligation bonds, the outstanding general obligation bonds of all cities in the
309.28county or counties issued under this subdivision must be added in calculating the limit
309.29under clause (1).
309.30(d) "General jurisdiction governmental unit" means the city in which the housing
309.31development project is located. In the case of a county or multicounty authority, the
309.32county or counties may act as the general jurisdiction governmental unit. In the case of
309.33a multicounty authority, the pledge of the general obligation is a pledge of a tax on the
309.34taxable property in each of the counties.
310.1(e) "Qualified housing development project" means a housing development project
310.2providing housing either for the elderly or for individuals and families with incomes not
310.3greater than 80 percent of the median family income as estimated by the United States
310.4Department of Housing and Urban Development for the standard metropolitan statistical
310.5area or the nonmetropolitan county in which the project is located. The project must be
310.6owned for the term of the bonds either by the authority or by a limited partnership or other
310.7entity in which the authority or another entity under the sole control of the authority is
310.8the sole general partner and the partnership or other entity must receive (1) an allocation
310.9from the Department of Management and Budget or an entitlement issuer of tax-exempt
310.10bonding authority for the project and a preliminary determination by the Minnesota
310.11Housing Finance Agency or the applicable suballocator of tax credits that the project
310.12will qualify for four percent low-income housing tax credits or (2) a reservation of nine
310.13percent low-income housing tax credits from the Minnesota Housing Finance Agency or a
310.14suballocator of tax credits for the project. A qualified housing development project may
310.15admit nonelderly individuals and families with higher incomes if:
310.16(1) three years have passed since initial occupancy;
310.17(2) the authority finds the project is experiencing unanticipated vacancies resulting in
310.18insufficient revenues, because of changes in population or other unforeseen circumstances
310.19that occurred after the initial finding of adequate revenues; and
310.20(3) the authority finds a tax levy or payment from general assets of the general
310.21jurisdiction governmental unit will be necessary to pay debt service on the bonds if higher
310.22income individuals or families are not admitted.
310.23(f) The authority may issue bonds to refund bonds issued under this subdivision in
310.24accordance with section
475.67. The finding of the adequacy of pledged revenues required
310.25by paragraph (a) and the public hearing required by paragraph (b) shall not apply to the
310.26issuance of refunding bonds. This paragraph applies to refunding bonds issued on and
310.27after July 1, 1992.
310.28 Sec. 77. Minnesota Statutes 2012, section 469.053, subdivision 4, is amended to read:
310.29 Subd. 4.
Mandatory city levy. A city shall, at the request of the port authority, levy
310.30a tax in any year for the benefit of the port authority. The tax must not exceed 0.01813
310.31percent of
taxable estimated market value. The amount levied must be paid by the city
310.32treasurer to the treasurer of the port authority, to be spent by the authority.
310.33 Sec. 78. Minnesota Statutes 2012, section 469.053, subdivision 4a, is amended to read:
311.1 Subd. 4a.
Seaway port authority levy. A levy made under this subdivision shall
311.2replace the mandatory city levy under subdivision 4. A seaway port authority is a special
311.3taxing district under section
275.066 and may levy a tax in any year for the benefit of the
311.4seaway port authority. The tax must not exceed 0.01813 percent of
taxable estimated
311.5 market value. The county auditor shall distribute the proceeds of the property tax levy to
311.6the seaway port authority.
311.7 Sec. 79. Minnesota Statutes 2012, section 469.053, subdivision 6, is amended to read:
311.8 Subd. 6.
Discretionary city levy. Upon request of a port authority, the port
311.9authority's city may levy a tax to be spent by and for its port authority. The tax must
311.10enable the port authority to carry out efficiently and in the public interest sections
469.048
311.11to
469.068 to create and develop industrial development districts. The levy must not be
311.12more than 0.00282 percent of
taxable estimated market value. The county treasurer shall
311.13pay the proceeds of the tax to the port authority treasurer. The money may be spent by
311.14the authority in performance of its duties to create and develop industrial development
311.15districts. In spending the money the authority must judge what best serves the public
311.16interest. The levy in this subdivision is in addition to the levy in subdivision 4.
311.17 Sec. 80. Minnesota Statutes 2012, section 469.107, subdivision 1, is amended to read:
311.18 Subdivision 1.
City tax levy. A city may, at the request of the authority, levy a tax in
311.19any year for the benefit of the authority. The tax must be not more than 0.01813 percent of
311.20taxable estimated market value. The amount levied must be paid by the city treasurer to
311.21the treasurer of the authority, to be spent by the authority.
311.22 Sec. 81. Minnesota Statutes 2012, section 469.180, subdivision 2, is amended to read:
311.23 Subd. 2.
Tax levies. Notwithstanding any law, the county board of any county may
311.24appropriate from the general revenue fund a sum not to exceed a county levy of 0.00080
311.25percent of
taxable estimated market value to carry out the purposes of this section.
311.26 Sec. 82. Minnesota Statutes 2012, section 469.187, is amended to read:
311.27469.187 FIRST CLASS CITY SPENDING FOR PUBLICITY; PUBLICITY
311.28BOARD.
311.29Any city of the first class may expend money for city publicity purposes. The city may
311.30levy a tax, not exceeding 0.00080 percent of
taxable estimated market value. The proceeds
311.31of the levy shall be expended in the manner and for the city publicity purposes the council
312.1directs. The council may establish and provide for a publicity board or bureau to administer
312.2the fund, subject to the conditions and limitations the council prescribes by ordinance.
312.3 Sec. 83. Minnesota Statutes 2012, section 469.206, is amended to read:
312.4469.206 HAZARDOUS PROPERTY PENALTY.
312.5A city may assess a penalty up to one percent of the
estimated market value of
312.6real property, including any building located within the city that the city determines to
312.7be hazardous as defined in section
463.15, subdivision 3. The city shall send a written
312.8notice to the address to which the property tax statement is sent at least 90 days before it
312.9may assess the penalty. If the owner of the property has not paid the penalty or fixed the
312.10property within 90 days after receiving notice of the penalty, the penalty is considered
312.11delinquent and is increased by 25 percent each 60 days the penalty is not paid and the
312.12property remains hazardous. For the purposes of this section, a penalty that is delinquent
312.13is considered a delinquent property tax and subject to chapters 279, 280, and 281, in the
312.14same manner as delinquent property taxes.
312.15 Sec. 84. Minnesota Statutes 2012, section 471.24, is amended to read:
312.16471.24 TOWNS, STATUTORY CITIES; JOINT MAINTENANCE OF
312.17CEMETERY.
312.18Where a statutory city or town owns and maintains an established cemetery or burial
312.19ground, either within or without the municipal limits, the statutory city or town may, by
312.20mutual agreement with contiguous statutory cities and towns, each having
a an estimated
312.21 market value of not less than $2,000,000, join together in the maintenance of such public
312.22cemetery or burial ground for the use of the inhabitants of each of such municipalities; and
312.23each such municipality is hereby authorized, by action of its council or governing body,
312.24to levy a tax or make an appropriation for the annual support and maintenance of such
312.25cemetery or burial ground; provided, the amount thus appropriated by each municipality
312.26shall not exceed a total of $10,000 in any one year.
312.27 Sec. 85. Minnesota Statutes 2012, section 471.571, subdivision 1, is amended to read:
312.28 Subdivision 1.
Application. This section applies to each city in which the net tax
312.29capacity of real and personal property consists in part of iron ore or lands containing
312.30taconite or semitaconite and in which the total
taxable estimated market value of real
312.31and personal property exceeds $2,500,000.
312.32 Sec. 86. Minnesota Statutes 2012, section 471.571, subdivision 2, is amended to read:
313.1 Subd. 2.
Creation of fund, tax levy. The governing body of the city may create a
313.2permanent improvement and replacement fund to be maintained by an annual tax levy.
313.3The governing body may levy a tax in excess of any charter limitation for the support of
313.4the permanent improvement and replacement fund, but not exceeding the following:
313.5(a) in cities having a population of not more than 500 inhabitants, the lesser of $20
313.6per capita or 0.08059 percent of
taxable estimated market value;
313.7(b) in cities having a population of more than 500 and less than
2500 2,500, the
313.8greater of $12.50 per capita or $10,000 but not exceeding 0.08059 percent of
taxable
313.9 estimated market value;
313.10(c) in cities having a population of
more than 2500 2,500 or more inhabitants,
313.11the greater of $10 per capita or $31,500 but not exceeding 0.08059 percent of
taxable
313.12 estimated market value.
313.13 Sec. 87. Minnesota Statutes 2012, section 471.73, is amended to read:
313.14471.73 ACCEPTANCE OF PROVISIONS.
313.15In the case of any city within the class specified in
section
471.72 having
a an
313.16estimated market value
, as defined in section
471.72, in excess of $37,000,000; and in the
313.17case of any statutory city within such class having
a an estimated market value
, as defined
313.18in section
471.72, of less than $5,000,000; and in the case of any statutory city within such
313.19class which is governed by Laws 1933, chapter 211, or Laws 1937, chapter 356; and in
313.20the case of any statutory city within such class which is governed by Laws 1929, chapter
313.21208, and has
a an estimated market value of less than $83,000,000; and in the case of
313.22any school district within such class having
a an estimated market value
, as defined in
313.23section
471.72, of more than $54,000,000; and in the case of all towns within said class;
313.24sections
471.71 to
471.83 apply only if the governing body of the city or statutory city, the
313.25board of the school district, or the town board of the town shall have adopted a resolution
313.26determining to issue bonds under the provisions of sections
471.71 to
471.83 or to go
313.27upon a cash basis in accordance with the provisions thereof.
313.28 Sec. 88. Minnesota Statutes 2012, section 473.325, subdivision 2, is amended to read:
313.29 Subd. 2.
Chapter 475 applies; exceptions. The Metropolitan Council shall sell and
313.30issue the bonds in the manner provided in chapter 475, and shall have the same powers
313.31and duties as a municipality issuing bonds under that law, except that the approval of a
313.32majority of the electors shall not be required and the net debt limitations shall not apply.
313.33The terms of each series of bonds shall be fixed so that the amount of principal and interest
313.34on all outstanding and undischarged bonds, together with the bonds proposed to be issued,
314.1due in any year shall not exceed 0.01209 percent of
estimated market value of all taxable
314.2property in the metropolitan area as last finally equalized prior to a proposed issue. The
314.3bonds shall be secured in accordance with section
475.61, subdivision 1, and any taxes
314.4required for their payment shall be levied by the council, shall not affect the amount or rate
314.5of taxes which may be levied by the council for other purposes, shall be spread against all
314.6taxable property in the metropolitan area and shall not be subject to limitation as to rate or
314.7amount. Any taxes certified by the council to the county auditors for collection shall be
314.8reduced by the amount received by the council from the commissioner of management and
314.9budget or the federal government for the purpose of paying the principal and interest on
314.10bonds to which the levy relates. The council shall certify the fact and amount of all money
314.11so received to the county auditors, and the auditors shall reduce the levies previously made
314.12for the bonds in the manner and to the extent provided in section
475.61, subdivision 3.
314.13 Sec. 89. Minnesota Statutes 2012, section 473.629, is amended to read:
314.14473.629 VALUE OF PROPERTY FOR BOND ISSUES BY SCHOOL
314.15DISTRICTS.
314.16As to any lands
to be detached from any school district under
the provisions hereof
314.17 section 473.625, notwithstanding
such prospective the detachment, the
estimated market
314.18value of
such the detached lands and
the net tax capacity of taxable properties
now located
314.19therein or thereon shall be and on the lands on the date of the detachment constitute
314.20from and after the date of the enactment hereof a part of the
estimated market value of
314.21properties
upon the basis of which such used to calculate the net debt limit of the school
314.22district
may issue its bonds,. The value of
such the lands
for such purpose to be and other
314.23taxable properties for purposes of the school district's net debt limit are 33-1/3 percent of
314.24the
estimated market value thereof as determined and certified by
said the assessor to
said
314.25 the school district, and
it shall be the duty of such the assessor annually on or before the
314.26tenth day of October
from and after the passage hereof, to so of each year, shall determine
314.27and certify
that value; provided, however, that the value of
such the detached lands and
314.28such taxable properties shall never exceed 20 percent of the
estimated market value of
314.29all properties
constituting and making up the basis aforesaid used to calculate the net
314.30debt limit of the school district.
314.31 Sec. 90. Minnesota Statutes 2012, section 473.661, subdivision 3, is amended to read:
314.32 Subd. 3.
Levy limit. In any budget certified by the commissioners under this section,
314.33the amount included for operation and maintenance shall not exceed an amount which,
314.34when extended against the property taxable therefor under section
473.621, subdivision 5,
315.1will require a levy at a rate of 0.00806 percent of
estimated market value. Taxes levied by
315.2the corporation shall not affect the amount or rate of taxes which may be levied by any other
315.3local government unit within the metropolitan area under the provisions of any charter.
315.4 Sec. 91. Minnesota Statutes 2012, section 473.667, subdivision 9, is amended to read:
315.5 Subd. 9.
Additional taxes. Nothing herein shall prevent the commission from
315.6levying a tax not to exceed 0.00121 percent of
estimated market value on taxable property
315.7within its taxing jurisdiction, in addition to any levies found necessary for the debt
315.8service fund authorized by section
473.671. Nothing herein shall prevent the levy and
315.9appropriation for purposes of the commission of any other tax on property or on any
315.10income, transaction, or privilege, when and if authorized by law. All collections of any
315.11taxes so levied shall be included in the revenues appropriated for the purposes referred
315.12to in this section, unless otherwise provided in the law authorizing the levies; but no
315.13covenant as to the continuance or as to the rate and amount of any such levy shall be made
315.14with the holders of the commission's bonds unless specifically authorized by law.
315.15 Sec. 92. Minnesota Statutes 2012, section 473.671, is amended to read:
315.16473.671 LIMIT OF TAX LEVY.
315.17The taxes levied against the property of the metropolitan area in any one year shall
315.18not exceed 0.00806 percent of
taxable estimated market value, exclusive of taxes levied
315.19to pay the principal or interest on any bonds or indebtedness of the city issued under
315.20Laws 1943, chapter 500, and exclusive of any taxes levied to pay the share of the city for
315.21payments on bonded indebtedness of the corporation provided for in Laws 1943, chapter
315.22500. The levy of taxes authorized in Laws 1943, chapter 500, shall be in addition to the
315.23maximum rate allowed to be levied to defray the cost of government under the provisions
315.24of the charter of any city affected by Laws 1943, chapter 500.
315.25 Sec. 93. Minnesota Statutes 2012, section 473.711, subdivision 2a, is amended to read:
315.26 Subd. 2a.
Tax levy. (a) The commission may levy a tax on all taxable property in the
315.27district as defined in section
473.702 to provide funds for the purposes of sections
473.701
315.28to
473.716. The tax shall not exceed the property tax levy limitation determined in this
315.29subdivision. A participating county may agree to levy an additional tax to be used by the
315.30commission for the purposes of sections
473.701 to
473.716 but the sum of the county's and
315.31commission's taxes may not exceed the county's proportionate share of the property tax levy
315.32limitation determined under this subdivision based on the ratio of its total net tax capacity
315.33to the total net tax capacity of the entire district as adjusted by section
270.12, subdivision
316.13
. The auditor of each county in the district shall add the amount of the levy made by the
316.2district to other taxes of the county for collection by the county treasurer with other taxes.
316.3When collected, the county treasurer shall make settlement of the tax with the district in
316.4the same manner as other taxes are distributed to political subdivisions. No county shall
316.5levy any tax for mosquito, disease vectoring tick, and black gnat (Simuliidae) control
316.6except under this section. The levy shall be in addition to other taxes authorized by law.
316.7(b) The property tax levied by the Metropolitan Mosquito Control Commission shall
316.8not exceed the product of (i) the commission's property tax levy limitation for the previous
316.9year determined under this subdivision multiplied by (ii) an index for market valuation
316.10changes equal to the total
estimated market
valuation value of all taxable property for the
316.11current tax payable year located within the district plus any area that has been added to the
316.12district since the previous year, divided by the total
estimated market
valuation value of all
316.13taxable property located within the district for the previous taxes payable year.
316.14(c) For the purpose of determining the commission's property tax levy limitation
316.15under this subdivision, "total market valuation" means the total market valuation of all
316.16taxable property within the district without valuation adjustments for fiscal disparities
316.17(chapter 473F), tax increment financing (sections
469.174 to 469.179), and high voltage
316.18transmission lines (section 273.425).
316.19 Sec. 94. Minnesota Statutes 2012, section 473F.02, subdivision 12, is amended to read:
316.20 Subd. 12.
Adjusted market value. "
Adjusted market value" of real and personal
316.21property within a municipality means the
assessor's estimated taxable market value
,
316.22as defined in section 272.03, of all real and personal property, including the value of
316.23manufactured housing, within the municipality
, adjusted for sales ratios in a manner
316.24similar to the adjustments made to city and town net tax capacities. For purposes
316.25of sections
473F.01 to
473F.13, the commissioner of revenue shall annually make
316.26determinations and reports with respect to each municipality which are comparable to
316.27those it makes for school districts under section
127A.48, subdivisions 1 to 6, in the same
316.28manner and at the same times as are prescribed by the subdivisions. The commissioner
316.29of revenue shall annually determine, for each municipality, information comparable to
316.30that required by section
475.53, subdivision 4, for school districts, as soon as practicable
316.31after it becomes available. The commissioner of revenue shall then compute the equalized
316.32market value of property within each municipality using the aggregate sales ratios from
316.33the Department of Revenue's sales ratio study.
316.34 Sec. 95. Minnesota Statutes 2012, section 473F.02, subdivision 14, is amended to read:
317.1 Subd. 14.
Fiscal capacity. "Fiscal capacity" of a municipality means its
valuation
317.2 adjusted market value, determined as of January 2 of any year, divided by its population,
317.3determined as of a date in the same year.
317.4 Sec. 96. Minnesota Statutes 2012, section 473F.02, subdivision 15, is amended to read:
317.5 Subd. 15.
Average fiscal capacity. "Average fiscal capacity" of municipalities
317.6means the sum of the
valuations adjusted market values of all municipalities, determined
317.7as of January 2 of any year, divided by the sum of their populations, determined as of
317.8a date in the same year.
317.9 Sec. 97. Minnesota Statutes 2012, section 473F.02, subdivision 23, is amended to read:
317.10 Subd. 23.
Net tax capacity. "Net tax capacity" means the
taxable market value of
317.11real and personal property multiplied by its net tax capacity rates in section
273.13.
317.12 Sec. 98. Minnesota Statutes 2012, section 473F.08, subdivision 10, is amended to read:
317.13 Subd. 10.
Adjustment of value or net tax capacity. For the purpose of computing
317.14the amount or rate of any salary, aid, tax, or debt authorized, required, or limited by any
317.15provision of any law or charter, where such authorization, requirement, or limitation
317.16is related in any manner to any value or valuation of taxable property within any
317.17governmental unit, such value or net tax capacity fiscal capacity under section 473F.02,
317.18subdivision 14, a municipality's taxable market value shall be adjusted to reflect the
317.19adjustments reductions to net tax capacity effected by subdivision 2,
clause (a), provided
317.20that
: (1) in determining the
taxable market value of commercial-industrial property
317.21or any class thereof within a
governmental unit for any purpose other than section
317.22473F.07 municipality,
(a) the reduction required by this subdivision shall be that amount
317.23which bears the same proportion to the amount subtracted from the
governmental unit's
317.24 municipality's net tax capacity pursuant to subdivision 2, clause (a), as the
taxable
317.25market value of commercial-industrial property, or such class thereof, located within the
317.26governmental unit municipality bears to the net tax capacity of commercial-industrial
317.27property, or such class thereof, located within the
governmental unit, and (b) the increase
317.28required by this subdivision shall be that amount which bears the same proportion to
317.29the amount added to the governmental unit's net tax capacity pursuant to subdivision 2,
317.30clause (b), as the market value of commercial-industrial property, or such class thereof,
317.31located within the governmental unit bears to the net tax capacity of commercial-industrial
317.32property, or such class thereof, located within the governmental unit; and (2) in determining
317.33the market value of real property within a municipality for purposes of section
473F.07,
318.1the adjustment prescribed by clause (1)(a) hereof shall be made and that prescribed by
318.2clause (1)(b) hereof shall not be made municipality.
No adjustment shall be made to
318.3taxable market value for the increase in net tax capacity under subdivision 2, clause (b).
318.4 Sec. 99. Minnesota Statutes 2012, section 475.521, subdivision 4, is amended to read:
318.5 Subd. 4.
Limitations on amount. A municipality may not issue bonds under this
318.6section if the maximum amount of principal and interest to become due in any year on
318.7all the outstanding bonds issued under this section, including the bonds to be issued,
318.8will equal or exceed 0.16 percent of the
taxable estimated market value of property
318.9in the municipality. Calculation of the limit must be made using the
taxable estimated
318.10 market value for the taxes payable year in which the obligations are issued and sold. In
318.11the case of a municipality with a population of 2,500 or more, the bonds are subject to
318.12the net debt limits under section
475.53. In the case of a shared facility in which more
318.13than one municipality participates, upon compliance by each participating municipality
318.14with the requirements of subdivision 2, the limitations in this subdivision and the net debt
318.15represented by the bonds shall be allocated to each participating municipality in proportion
318.16to its required financial contribution to the financing of the shared facility, as set forth in
318.17the joint powers agreement relating to the shared facility. This section does not limit the
318.18authority to issue bonds under any other special or general law.
318.19 Sec. 100. Minnesota Statutes 2012, section 475.53, subdivision 1, is amended to read:
318.20 Subdivision 1.
Generally. Except as otherwise provided in sections
475.51 to
318.21475.74
, no municipality, except a school district or a city of the first class, shall incur or be
318.22subject to a net debt in excess of three percent of the
estimated market value of taxable
318.23property in the municipality.
318.24 Sec. 101. Minnesota Statutes 2012, section 475.53, subdivision 3, is amended to read:
318.25 Subd. 3.
Cities first class. Unless its charter permits a greater net debt a city of
318.26the first class may not incur a net debt in excess of two percent of the
estimated market
318.27value of all taxable property therein. If the charter of the city permits a net debt of the city
318.28in excess of two percent of its valuation, it may not incur a net debt in excess of 3-2/3
318.29percent of the
estimated market value of the taxable property therein.
318.30The county auditor, at the time of preparing the tax list of the city, shall compile a
318.31statement setting forth the total net tax capacity and the total
estimated market value of
318.32each class of taxable property in such city for such year.
319.1 Sec. 102. Minnesota Statutes 2012, section 475.53, subdivision 4, is amended to read:
319.2 Subd. 4.
School districts. Except as otherwise provided by law, no school district
319.3shall be subject to a net debt in excess of 15 percent of the
actual estimated market value of
319.4all taxable property situated within its corporate limits, as computed in accordance with this
319.5subdivision. The county auditor of each county containing taxable real or personal property
319.6situated within any school district shall certify to the district upon request the
estimated
319.7market value of all such property. Whenever the commissioner of revenue, in accordance
319.8with section
127A.48, subdivisions 1 to 6, has determined that the
net tax capacity of any
319.9district furnished by county auditors is not based upon the adjusted market value of taxable
319.10property in the district
exceeds the estimated market value of property within the district,
319.11the commissioner of revenue shall certify to the district upon request the ratio most recently
319.12ascertained to exist between
such the estimated market value and the
actual adjusted
319.13 market value of property within the district
., and the
actual market value of property
319.14within a district, on which its debt limit under this subdivision
is will be based
, is (a) the
319.15value certified by the county auditors, or (b) this on the estimated market value divided by
319.16the ratio certified by the commissioner of revenue
, whichever results in a higher value.
319.17 Sec. 103. Minnesota Statutes 2012, section 475.58, subdivision 2, is amended to read:
319.18 Subd. 2.
Funding, refunding. Any county, city, town, or school district whose
319.19outstanding gross debt, including all items referred to in section
475.51, subdivision
319.204
, exceed in amount 1.62 percent of its
estimated market value may issue bonds under
319.21this subdivision for the purpose of funding or refunding such indebtedness or any part
319.22thereof. A list of the items of indebtedness to be funded or refunded shall be made by the
319.23recording officer and treasurer and filed in the office of the recording officer. The initial
319.24resolution of the governing body shall refer to this subdivision as authority for the issue,
319.25state the amount of bonds to be issued and refer to the list of indebtedness to be funded or
319.26refunded. This resolution shall be published once each week for two successive weeks
319.27in a legal newspaper published in the municipality or if there be no such newspaper, in
319.28a legal newspaper published in the county seat. Such bonds may be issued without the
319.29submission of the question of their issue to the electors unless within ten days after the
319.30second publication of the resolution a petition requesting such election signed by ten or
319.31more voters who are taxpayers of the municipality, shall be filed with the recording officer.
319.32In event such petition is filed, no bonds shall be issued hereunder unless authorized by a
319.33majority of the electors voting on the question.
319.34 Sec. 104. Minnesota Statutes 2012, section 475.73, subdivision 1, is amended to read:
320.1 Subdivision 1.
May purchase these bonds; conditions. Obligations sold under the
320.2provisions of section
475.60 may be purchased by the State Board of Investment if the
320.3obligations meet the requirements of section
11A.24, subdivision 2, upon the approval of
320.4the attorney general as to form and execution of the application therefor, and under rules
320.5as the board may specify, and the state board shall have authority to purchase the same
320.6to an amount not exceeding
3.63 percent of the
estimated market value of the taxable
320.7property of the municipality, according to the last preceding assessment. The obligations
320.8shall not run for a shorter period than one year, nor for a longer period than 30 years and
320.9shall bear interest at a rate to be fixed by the state board but not less than two percent per
320.10annum. Forthwith upon the delivery to the state of Minnesota of any obligations issued by
320.11virtue thereof, the commissioner of management and budget shall certify to the respective
320.12auditors of the various counties wherein are situated the municipalities issuing the same,
320.13the number, denomination, amount, rate of interest and date of maturity of each obligation.
320.14 Sec. 105. Minnesota Statutes 2012, section 477A.011, subdivision 20, is amended to
320.15read:
320.16 Subd. 20.
City net tax capacity. "City net tax capacity" means
(1) the net tax
320.17capacity computed using the net tax capacity rates in section
273.13 for taxes payable
320.18in the year of the aid distribution, and the market values, after the exclusion in section
320.19273.13, subdivision 35, for taxes payable in the year prior to the aid distribution plus (2)
320.20a city's fiscal disparities distribution tax capacity under section
276A.06, subdivision 2,
320.21paragraph (b), or
473F.08, subdivision 2, paragraph (b), for taxes payable in the year prior
320.22to that for which aids are being calculated. The market value utilized in computing city
320.23net tax capacity shall be reduced by the sum of (1) a city's market value of commercial
320.24industrial property as defined in section
276A.01, subdivision 3, or
473F.02, subdivision 3,
320.25multiplied by the ratio determined pursuant to section
276A.06, subdivision 2, paragraph
320.26(a), or
473F.08, subdivision 2, paragraph (a), (2) the market value of the captured value
320.27of tax increment financing districts as defined in section
469.177, subdivision 2, and (3)
320.28the market value of transmission lines deducted from a city's total net tax capacity under
320.29section
273.425. The city net tax capacity will be computed using equalized market values
320.30 the city's adjusted net tax capacity under section 273.1325.
320.31EFFECTIVE DATE.This section is effective the day following final enactment.
320.32 Sec. 106. Minnesota Statutes 2012, section 477A.011, subdivision 32, is amended to
320.33read:
321.1 Subd. 32.
Commercial industrial percentage. "Commercial industrial percentage"
321.2for a city is 100 times the sum of the estimated market values of all real property in the
321.3city classified as class 3 under section
273.13, subdivision 24, excluding public utility
321.4property, to the total
estimated market value of all taxable real and personal property in
321.5the city. The
estimated market values are the amounts computed before any adjustments
321.6for fiscal disparities under section
276A.06 or
473F.08. The
estimated market values
321.7used for this subdivision are not equalized.
321.8EFFECTIVE DATE.This section is effective for aids payable in 2014 and thereafter.
321.9 Sec. 107. Minnesota Statutes 2012, section 477A.0124, subdivision 2, is amended to
321.10read:
321.11 Subd. 2.
Definitions. (a) For the purposes of this section, the following terms
321.12have the meanings given them.
321.13(b) "County program aid" means the sum of "county need aid," "county tax base
321.14equalization aid," and "county transition aid."
321.15(c) "Age-adjusted population" means a county's population multiplied by the county
321.16age index.
321.17(d) "County age index" means the percentage of the population over age 65 within
321.18the county divided by the percentage of the population over age 65 within the state, except
321.19that the age index for any county may not be greater than 1.8 nor less than 0.8.
321.20(e) "Population over age 65" means the population over age 65 established as of
321.21July 15 in an aid calculation year by the most recent federal census, by a special census
321.22conducted under contract with the United States Bureau of the Census, by a population
321.23estimate made by the Metropolitan Council, or by a population estimate of the state
321.24demographer made pursuant to section
4A.02, whichever is the most recent as to the stated
321.25date of the count or estimate for the preceding calendar year and which has been certified
321.26to the commissioner of revenue on or before July 15 of the aid calculation year. A revision
321.27to an estimate or count is effective for these purposes only if certified to the commissioner
321.28on or before July 15 of the aid calculation year. Clerical errors in the certification or use of
321.29estimates and counts established as of July 15 in the aid calculation year are subject to
321.30correction within the time periods allowed under section
477A.014.
321.31(f) "Part I crimes" means the three-year average annual number of Part I crimes
321.32reported for each county by the Department of Public Safety for the most recent years
321.33available. By July 1 of each year, the commissioner of public safety shall certify to the
321.34commissioner of revenue the number of Part I crimes reported for each county for the
321.35three most recent calendar years available.
322.1(g) "Households receiving food stamps" means the average monthly number of
322.2households receiving food stamps for the three most recent years for which data is
322.3available. By July 1 of each year, the commissioner of human services must certify to the
322.4commissioner of revenue the average monthly number of households in the state and in
322.5each county that receive food stamps, for the three most recent calendar years available.
322.6(h) "County net tax capacity" means the
net tax capacity of the county, computed
322.7analogously to city net tax capacity under section
477A.011, subdivision 20 county's
322.8adjusted net tax capacity under section 273.1325.
322.9EFFECTIVE DATE.This section is effective the day following final enactment.
322.10 Sec. 108. Minnesota Statutes 2012, section 641.23, is amended to read:
322.11641.23 FUNDS; HOW PROVIDED.
322.12Before any contract is made for the erection of a county jail, sheriff's residence, or
322.13both, the county board shall either levy a sufficient tax to provide the necessary funds, or
322.14issue county bonds therefor in accordance with the provisions of chapter 475, provided
322.15that no election is required if the amount of all bonds issued for this purpose and interest
322.16on them which are due and payable in any year does not exceed an amount equal to
322.170.09671 percent of
estimated market value of taxable property within the county, as last
322.18determined before the bonds are issued.
322.19 Sec. 109. Minnesota Statutes 2012, section 641.24, is amended to read:
322.20641.24 LEASING.
322.21The county may, by resolution of the county board, enter into a lease agreement with
322.22any statutory or home rule charter city situated within the county, or a county housing and
322.23redevelopment authority established pursuant to chapter 469 or any special law whereby
322.24the city or county housing and redevelopment authority will construct a jail or other law
322.25enforcement facilities for the county sheriff, deputy sheriffs, and other employees of the
322.26sheriff and other law enforcement agencies, in accordance with plans prepared by or at
322.27the request of the county board and, when required, approved by the commissioner of
322.28corrections and will finance it by the issuance of revenue bonds, and the county may lease
322.29the site and improvements for a term and upon rentals sufficient to produce revenue for the
322.30prompt payment of the bonds and all interest accruing thereon and, upon completion of
322.31payment, will acquire title thereto. The real and personal property acquired for the jail
322.32shall constitute a project and the lease agreement shall constitute a revenue agreement
322.33as contemplated in chapter 469, and all proceedings shall be taken by the city or county
323.1housing and redevelopment authority and the county in the manner and with the force and
323.2effect provided in chapter 469; provided that:
323.3(1) no tax shall be imposed upon or in lieu of a tax upon the property;
323.4(2) the approval of the project by the commissioner of commerce shall not be required;
323.5(3) the Department of Corrections shall be furnished and shall record such
323.6information concerning each project as it may prescribe;
323.7(4) the rentals required to be paid under the lease agreement shall not exceed in any
323.8year one-tenth of one percent of the
estimated market value of property within the county,
323.9as last finally equalized before the execution of the agreement;
323.10(5) the county board shall provide for the payment of all rentals due during the term
323.11of the lease, in the manner required in section
641.264, subdivision 2;
323.12(6) no mortgage on the property shall be granted for the security of the bonds, but
323.13compliance with clause (5) hereof may be enforced as a nondiscretionary duty of the
323.14county board; and
323.15(7) the county board may sublease any part of the jail property for purposes consistent
323.16with the maintenance and operation of a county jail or other law enforcement facility.
323.17 Sec. 110. Minnesota Statutes 2012, section 645.44, is amended by adding a subdivision
323.18to read:
323.19 Subd. 20. Estimated market value. When used in determining or calculating a
323.20limit on taxation, spending, state aid amounts, or debt, bond, certificate of indebtedness, or
323.21capital note issuance by or for a local government unit, "estimated market value" has the
323.22meaning given in section 273.032.
323.23 Sec. 111.
REVISOR'S INSTRUCTION.
323.24The revisor of statutes shall recodify Minnesota Statutes, section 127.48,
323.25subdivisions 1 to 6, as section 273.1325, subdivisions 1 to 6, and change all
323.26cross-references to the affected subdivisions accordingly.
323.27EFFECTIVE DATE.This section is effective the day following final enactment.
323.28 Sec. 112.
REPEALER.
323.29Minnesota Statutes 2012, sections 273.11, subdivision 1a; 276A.01, subdivision 11;
323.30473F.02, subdivision 13; and 477A.011, subdivision 21, are repealed.
323.31 Sec. 113.
EFFECTIVE DATE.
324.1Unless otherwise specifically provided, this act is effective the day following final
324.2enactment for purposes of limits on net debt, the issuance of bonds, certificates of
324.3indebtedness, and capital notes and is effective beginning for taxes payable in 2014 for
324.4all other purposes.
324.6DEPARTMENT POLICY AND TECHNICAL: INCOME AND
324.7FRANCHISE TAXES; ESTATE TAXES
324.8 Section 1. Minnesota Statutes 2012, section 289A.10, is amended by adding a
324.9subdivision to read:
324.10 Subd. 1a. Recapture tax return required. If a disposition or cessation as provided
324.11by section 291.03, subdivision 11, paragraph (a), has occurred, the qualified heir, as
324.12defined under section 291.03, subdivision 8, paragraph (c), or personal representative of
324.13the decedent's estate must submit a recapture tax return to the commissioner.
324.14EFFECTIVE DATE.This section is effective for estates of decedents dying after
324.15June 30, 2011.
324.16 Sec. 2. Minnesota Statutes 2012, section 289A.12, subdivision 14, is amended to read:
324.17 Subd. 14.
Regulated investment companies; reporting exempt-interest
324.18dividends. (a) A regulated investment company paying $10 or more in exempt-interest
324.19dividends to an individual who is a resident of Minnesota must make a return indicating
324.20the amount of the exempt-interest dividends, the name, address, and Social Security
324.21number of the recipient, and any other information that the commissioner specifies. The
324.22return must be provided to the shareholder by February 15 of the year following the year
324.23of the payment. The return provided to the shareholder must include a clear statement,
324.24in the form prescribed by the commissioner, that the exempt-interest dividends must be
324.25included in the computation of Minnesota taxable income. By June 1 of each year, the
324.26regulated investment company must file a copy of the return with the commissioner.
324.27 (b) This subdivision applies to regulated investment companies required to register
324.28under chapter 80A.
324.29 (c) (b) For purposes of this subdivision, the following definitions apply.
324.30 (1) "Exempt-interest dividends" mean exempt-interest dividends as defined in
324.31section 852(b)(5) of the Internal Revenue Code, but does not include the portion of
324.32exempt-interest dividends that are not required to be added to federal taxable income
324.33under section
290.01, subdivision 19a, clause (1)(ii).
325.1 (2) "Regulated investment company" means regulated investment company as
325.2defined in section 851(a) of the Internal Revenue Code or a fund of the regulated
325.3investment company as defined in section 851(g) of the Internal Revenue Code.
325.4EFFECTIVE DATE.This section is effective the day following final enactment.
325.5 Sec. 3. Minnesota Statutes 2012, section 289A.12, is amended by adding a subdivision
325.6to read:
325.7 Subd. 18. Returns by qualified heirs. A qualified heir, as defined in section 291.03,
325.8subdivision 8, paragraph (c), must file two returns with the commissioner attesting that
325.9no disposition or cessation as provided by section 291.03, subdivision 11, paragraph
325.10(a), occurred. The first return must be filed no earlier than 24 months and no later than
325.1126 months after the decedent's death. The second return must be filed no earlier than 36
325.12months and no later than 39 months after the decedent's death.
325.13EFFECTIVE DATE.This section is effective for returns required to be filed after
325.14December 31, 2013.
325.15 Sec. 4. Minnesota Statutes 2012, section 289A.18, is amended by adding a subdivision
325.16to read:
325.17 Subd. 3a. Recapture tax return. A recapture tax return must be filed with the
325.18commissioner within six months after the date of the disposition or cessation as provided
325.19by section 291.03, subdivision 11, paragraph (a).
325.20EFFECTIVE DATE.This section is effective for estates of decedents dying after
325.21June 30, 2011.
325.22 Sec. 5. Minnesota Statutes 2012, section 289A.20, subdivision 3, is amended to read:
325.23 Subd. 3.
Estate tax. Taxes imposed by
chapter 291 section 291.03, subdivision 1,
325.24 take effect at and upon the death of the person whose estate is subject to taxation and are
325.25due and payable on or before the expiration of nine months from that death.
325.26EFFECTIVE DATE.This section is effective for estates of decedents dying after
325.27June 30, 2011.
325.28 Sec. 6. Minnesota Statutes 2012, section 289A.20, is amended by adding a subdivision
325.29to read:
326.1 Subd. 3a. Recapture tax. The additional estate tax imposed by section 291.03,
326.2subdivision 11, paragraph (b), is due and payable on or before the expiration of the date
326.3provided by section 291.03, subdivision 11, paragraph (c).
326.4EFFECTIVE DATE.This section is effective for estates of decedents dying after
326.5June 30, 2011.
326.6 Sec. 7. Minnesota Statutes 2012, section 289A.26, subdivision 3, is amended to read:
326.7 Subd. 3.
Short taxable year. (a)
A corporation or an entity with a short taxable year
326.8of less than 12 months, but at least four months, must pay estimated tax in equal installments
326.9on or before the 15th day of the third, sixth, ninth, and final month of the short taxable
326.10year, to the extent applicable based on the number of months in the short taxable year.
326.11(b)
A corporation or an entity is not required to make estimated tax payments for a
326.12short taxable year unless its tax liability before the first day of the last month of the taxable
326.13year can reasonably be expected to exceed $500.
326.14(c) No payment is required for a short taxable year of less than four months.
326.15EFFECTIVE DATE.This section is effective the day following final enactment.
326.16 Sec. 8. Minnesota Statutes 2012, section 289A.26, subdivision 4, is amended to read:
326.17 Subd. 4.
Underpayment of estimated tax. If there is an underpayment of estimated
326.18tax by a corporation
or an entity, there shall be added to the tax for the taxable year an
326.19amount determined at the rate in section
270C.40 on the amount of the underpayment,
326.20determined under subdivision 5, for the period of the underpayment determined under
326.21subdivision 6. This subdivision does not apply in the first taxable year that a corporation is
326.22subject to the tax imposed under section
290.02 or an entity is subject to the tax imposed
326.23under section 290.05, subdivision 3.
326.24EFFECTIVE DATE.This section is effective the day following final enactment.
326.25 Sec. 9. Minnesota Statutes 2012, section 289A.26, subdivision 7, is amended to read:
326.26 Subd. 7.
Required installments. (a) Except as otherwise provided in this
326.27subdivision, the amount of a required installment is 25 percent of the required annual
326.28payment.
326.29(b) Except as otherwise provided in this subdivision, the term "required annual
326.30payment" means the lesser of:
326.31(1) 100 percent of the tax shown on the return for the taxable year, or, if no return is
326.32filed, 100 percent of the tax for that year; or
327.1(2) 100 percent of the tax shown on the return of the
corporation or entity for the
327.2preceding taxable year provided the return was for a full 12-month period, showed a
327.3liability, and was filed by the
corporation or entity.
327.4(c) Except for determining the first required installment for any taxable year,
327.5paragraph (b), clause (2), does not apply in the case of a large corporation. The term
327.6"large corporation" means a corporation or any predecessor corporation that had taxable
327.7net income of $1,000,000 or more for any taxable year during the testing period. The
327.8term "testing period" means the three taxable years immediately preceding the taxable
327.9year involved. A reduction allowed to a large corporation for the first installment that is
327.10allowed by applying paragraph (b), clause (2), must be recaptured by increasing the next
327.11required installment by the amount of the reduction.
327.12(d) In the case of a required installment, if the corporation
or entity establishes that
327.13the annualized income installment is less than the amount determined in paragraph (a), the
327.14amount of the required installment is the annualized income installment and the recapture
327.15of previous quarters' reductions allowed by this paragraph must be recovered by increasing
327.16later required installments to the extent the reductions have not previously been recovered.
327.17(e) The "annualized income installment" is the excess, if any, of:
327.18(1) an amount equal to the applicable percentage of the tax for the taxable year
327.19computed by placing on an annualized basis the taxable income:
327.20(i) for the first two months of the taxable year, in the case of the first required
327.21installment;
327.22(ii) for the first two months or for the first five months of the taxable year, in the
327.23case of the second required installment;
327.24(iii) for the first six months or for the first eight months of the taxable year, in the
327.25case of the third required installment; and
327.26(iv) for the first nine months or for the first 11 months of the taxable year, in the
327.27case of the fourth required installment, over
327.28(2) the aggregate amount of any prior required installments for the taxable year.
327.29(3) For the purpose of this paragraph, the annualized income shall be computed
327.30by placing on an annualized basis the taxable income for the year up to the end of the
327.31month preceding the due date for the quarterly payment multiplied by 12 and dividing
327.32the resulting amount by the number of months in the taxable year (2, 5, 6, 8, 9, or 11 as
327.33the case may be) referred to in clause (1).
327.34(4) The "applicable percentage" used in clause (1) is:
328.1
328.2
328.3
|
|
For the following
required
installments:
|
|
The applicable
percentage is:
|
328.4
|
|
|
1st
|
|
25
|
|
328.5
|
|
|
2nd
|
|
50
|
|
328.6
|
|
|
3rd
|
|
75
|
|
328.7
|
|
|
4th
|
|
100
|
|
328.8(f)(1) If this paragraph applies, the amount determined for any installment must
328.9be determined in the following manner:
328.10(i) take the taxable income for the months during the taxable year preceding the
328.11filing month;
328.12(ii) divide that amount by the base period percentage for the months during the
328.13taxable year preceding the filing month;
328.14(iii) determine the tax on the amount determined under item (ii); and
328.15(iv) multiply the tax computed under item (iii) by the base period percentage for the
328.16filing month and the months during the taxable year preceding the filing month.
328.17(2) For purposes of this paragraph:
328.18(i) the "base period percentage" for a period of months is the average percent that the
328.19taxable income for the corresponding months in each of the three preceding taxable years
328.20bears to the taxable income for the three preceding taxable years;
328.21(ii) the term "filing month" means the month in which the installment is required
328.22to be paid;
328.23(iii) this paragraph only applies if the base period percentage for any six consecutive
328.24months of the taxable year equals or exceeds 70 percent; and
328.25(iv) the commissioner may provide by rule for the determination of the base period
328.26percentage in the case of reorganizations, new corporations
or entities, and other similar
328.27circumstances.
328.28(3) In the case of a required installment determined under this paragraph, if the
328.29 corporation or entity determines that the installment is less than the amount determined in
328.30paragraph (a), the amount of the required installment is the amount determined under this
328.31paragraph and the recapture of previous quarters' reductions allowed by this paragraph
328.32must be recovered by increasing later required installments to the extent the reductions
328.33have not previously been recovered.
328.34EFFECTIVE DATE.This section is effective the day following final enactment.
328.35 Sec. 10. Minnesota Statutes 2012, section 289A.26, subdivision 9, is amended to read:
329.1 Subd. 9.
Failure to file an estimate. In the case of
a corporation or an entity
329.2that fails to file an estimated tax for a taxable year when one is required, the period of
329.3the underpayment runs from the four installment dates in subdivision 2 or 3, whichever
329.4applies, to the earlier of the periods in subdivision 6, clauses (1) and (2).
329.5EFFECTIVE DATE.This section is effective the day following final enactment.
329.6 Sec. 11. Minnesota Statutes 2012, section 290.01, subdivision 6b, is amended to read:
329.7 Subd. 6b.
Foreign operating corporation. The term "foreign operating
329.8corporation," when applied to a corporation, means a domestic corporation with the
329.9following characteristics:
329.10 (1) it is part of a unitary business at least one member of which is taxable in this state;
329.11 (2) it is not a foreign sales corporation under section 922 of the Internal Revenue
329.12Code, as amended through December 31, 1999, for the taxable year;
329.13 (3) it is not an interest charge domestic international sales corporation under sections
329.14992, 993, 994, and 995 of the Internal Revenue Code;
329.15 (4)
either (i) it has in effect a valid election under section 936 of the Internal Revenue
329.16Code; or (ii) at least 80 percent of the gross income from all sources of the corporation in
329.17the tax year is active foreign business income; and
329.18 (5) for purposes of this subdivision, active foreign business income means gross
329.19income that is (i) derived from sources without the United States, as defined in subtitle A,
329.20chapter 1, subchapter N, part 1, of the Internal Revenue Code; and (ii) attributable to the
329.21active conduct of a trade or business in a foreign country.
329.22EFFECTIVE DATE.This section is effective the day following final enactment.
329.23 Sec. 12. Minnesota Statutes 2012, section 290.01, subdivision 19b, is amended to read:
329.24 Subd. 19b.
Subtractions from federal taxable income. For individuals, estates,
329.25and trusts, there shall be subtracted from federal taxable income:
329.26 (1) net interest income on obligations of any authority, commission, or
329.27instrumentality of the United States to the extent includable in taxable income for federal
329.28income tax purposes but exempt from state income tax under the laws of the United States;
329.29 (2) if included in federal taxable income, the amount of any overpayment of income
329.30tax to Minnesota or to any other state, for any previous taxable year, whether the amount
329.31is received as a refund or as a credit to another taxable year's income tax liability;
329.32 (3) the amount paid to others, less the amount used to claim the credit allowed under
329.33section
290.0674, not to exceed $1,625 for each qualifying child in grades kindergarten
330.1to 6 and $2,500 for each qualifying child in grades 7 to 12, for tuition, textbooks, and
330.2transportation of each qualifying child in attending an elementary or secondary school
330.3situated in Minnesota, North Dakota, South Dakota, Iowa, or Wisconsin, wherein a
330.4resident of this state may legally fulfill the state's compulsory attendance laws, which
330.5is not operated for profit, and which adheres to the provisions of the Civil Rights Act
330.6of 1964 and chapter 363A. For the purposes of this clause, "tuition" includes fees or
330.7tuition as defined in section
290.0674, subdivision 1, clause (1). As used in this clause,
330.8"textbooks" includes books and other instructional materials and equipment purchased
330.9or leased for use in elementary and secondary schools in teaching only those subjects
330.10legally and commonly taught in public elementary and secondary schools in this state.
330.11Equipment expenses qualifying for deduction includes expenses as defined and limited in
330.12section
290.0674, subdivision 1, clause (3). "Textbooks" does not include instructional
330.13books and materials used in the teaching of religious tenets, doctrines, or worship, the
330.14purpose of which is to instill such tenets, doctrines, or worship, nor does it include books
330.15or materials for, or transportation to, extracurricular activities including sporting events,
330.16musical or dramatic events, speech activities, driver's education, or similar programs. No
330.17deduction is permitted for any expense the taxpayer incurred in using the taxpayer's or
330.18the qualifying child's vehicle to provide such transportation for a qualifying child. For
330.19purposes of the subtraction provided by this clause, "qualifying child" has the meaning
330.20given in section 32(c)(3) of the Internal Revenue Code;
330.21 (4) income as provided under section
290.0802;
330.22 (5) to the extent included in federal adjusted gross income, income realized on
330.23disposition of property exempt from tax under section
290.491;
330.24 (6) to the extent not deducted or not deductible pursuant to section 408(d)(8)(E)
330.25of the Internal Revenue Code in determining federal taxable income by an individual
330.26who does not itemize deductions for federal income tax purposes for the taxable year, an
330.27amount equal to 50 percent of the excess of charitable contributions over $500 allowable
330.28as a deduction for the taxable year under section 170(a) of the Internal Revenue Code,
330.29under the provisions of Public Law 109-1 and Public Law 111-126;
330.30 (7) for individuals who are allowed a federal foreign tax credit for taxes that do not
330.31qualify for a credit under section
290.06, subdivision 22, an amount equal to the carryover
330.32of subnational foreign taxes for the taxable year, but not to exceed the total subnational
330.33foreign taxes reported in claiming the foreign tax credit. For purposes of this clause,
330.34"federal foreign tax credit" means the credit allowed under section 27 of the Internal
330.35Revenue Code, and "carryover of subnational foreign taxes" equals the carryover allowed
331.1under section 904(c) of the Internal Revenue Code minus national level foreign taxes to
331.2the extent they exceed the federal foreign tax credit;
331.3 (8) in each of the five tax years immediately following the tax year in which an
331.4addition is required under subdivision 19a, clause (7), or 19c, clause
(15) (14), in the case
331.5of a shareholder of a corporation that is an S corporation, an amount equal to one-fifth of the
331.6delayed depreciation. For purposes of this clause, "delayed depreciation" means the amount
331.7of the addition made by the taxpayer under subdivision 19a, clause (7), or subdivision 19c,
331.8clause
(15) (14), in the case of a shareholder of an S corporation, minus the positive value
331.9of any net operating loss under section 172 of the Internal Revenue Code generated for the
331.10tax year of the addition. The resulting delayed depreciation cannot be less than zero;
331.11 (9) job opportunity building zone income as provided under section
469.316;
331.12 (10) to the extent included in federal taxable income, the amount of compensation
331.13paid to members of the Minnesota National Guard or other reserve components of the
331.14United States military for active service, excluding compensation for services performed
331.15under the Active Guard Reserve (AGR) program. For purposes of this clause, "active
331.16service" means (i) state active service as defined in section
190.05, subdivision 5a, clause
331.17(1); or (ii) federally funded state active service as defined in section
190.05, subdivision
331.185b
, but "active service" excludes service performed in accordance with section
190.08,
331.19subdivision 3
;
331.20 (11) to the extent included in federal taxable income, the amount of compensation
331.21paid to Minnesota residents who are members of the armed forces of the United States
331.22or United Nations for active duty performed under United States Code, title 10; or the
331.23authority of the United Nations;
331.24 (12) an amount, not to exceed $10,000, equal to qualified expenses related to a
331.25qualified donor's donation, while living, of one or more of the qualified donor's organs
331.26to another person for human organ transplantation. For purposes of this clause, "organ"
331.27means all or part of an individual's liver, pancreas, kidney, intestine, lung, or bone marrow;
331.28"human organ transplantation" means the medical procedure by which transfer of a human
331.29organ is made from the body of one person to the body of another person; "qualified
331.30expenses" means unreimbursed expenses for both the individual and the qualified donor
331.31for (i) travel, (ii) lodging, and (iii) lost wages net of sick pay, except that such expenses
331.32may be subtracted under this clause only once; and "qualified donor" means the individual
331.33or the individual's dependent, as defined in section 152 of the Internal Revenue Code. An
331.34individual may claim the subtraction in this clause for each instance of organ donation for
331.35transplantation during the taxable year in which the qualified expenses occur;
332.1 (13) in each of the five tax years immediately following the tax year in which an
332.2addition is required under subdivision 19a, clause (8), or 19c, clause
(16) (15), in the case
332.3of a shareholder of a corporation that is an S corporation, an amount equal to one-fifth of
332.4the addition made by the taxpayer under subdivision 19a, clause (8), or 19c, clause
(16)
332.5 (15), in the case of a shareholder of a corporation that is an S corporation, minus the
332.6positive value of any net operating loss under section 172 of the Internal Revenue Code
332.7generated for the tax year of the addition. If the net operating loss exceeds the addition for
332.8the tax year, a subtraction is not allowed under this clause;
332.9 (14) to the extent included in the federal taxable income of a nonresident of
332.10Minnesota, compensation paid to a service member as defined in United States Code, title
332.1110, section 101(a)(5), for military service as defined in the Servicemembers Civil Relief
332.12Act, Public Law 108-189, section 101(2);
332.13 (15) to the extent included in federal taxable income, the amount of national service
332.14educational awards received from the National Service Trust under United States Code,
332.15title 42, sections 12601 to 12604, for service in an approved Americorps National Service
332.16program;
332.17(16) to the extent included in federal taxable income, discharge of indebtedness
332.18income resulting from reacquisition of business indebtedness included in federal taxable
332.19income under section 108(i) of the Internal Revenue Code. This subtraction applies only
332.20to the extent that the income was included in net income in a prior year as a result of the
332.21addition under section
290.01, subdivision 19a, clause (16); and
332.22(17) the amount of the net operating loss allowed under section
290.095, subdivision
332.2311
, paragraph (c).
332.24EFFECTIVE DATE.This section is effective the day following final enactment.
332.25 Sec. 13. Minnesota Statutes 2012, section 290.01, subdivision 19c, is amended to read:
332.26 Subd. 19c.
Corporations; additions to federal taxable income. For corporations,
332.27there shall be added to federal taxable income:
332.28 (1) the amount of any deduction taken for federal income tax purposes for income,
332.29excise, or franchise taxes based on net income or related minimum taxes, including but not
332.30limited to the tax imposed under section
290.0922, paid by the corporation to Minnesota,
332.31another state, a political subdivision of another state, the District of Columbia, or any
332.32foreign country or possession of the United States;
332.33 (2) interest not subject to federal tax upon obligations of: the United States, its
332.34possessions, its agencies, or its instrumentalities; the state of Minnesota or any other
332.35state, any of its political or governmental subdivisions, any of its municipalities, or any
333.1of its governmental agencies or instrumentalities; the District of Columbia; or Indian
333.2tribal governments;
333.3 (3) exempt-interest dividends received as defined in section 852(b)(5) of the Internal
333.4Revenue Code;
333.5 (4) the amount of any net operating loss deduction taken for federal income tax
333.6purposes under section 172 or 832(c)(10) of the Internal Revenue Code or operations loss
333.7deduction under section 810 of the Internal Revenue Code;
333.8 (5) the amount of any special deductions taken for federal income tax purposes
333.9under sections 241 to 247 and 965 of the Internal Revenue Code;
333.10 (6) losses from the business of mining, as defined in section
290.05, subdivision 1,
333.11clause (a), that are not subject to Minnesota income tax;
333.12 (7) the amount of any capital losses deducted for federal income tax purposes under
333.13sections 1211 and 1212 of the Internal Revenue Code;
333.14 (8) the exempt foreign trade income of a foreign sales corporation under sections
333.15921(a) and 291 of the Internal Revenue Code;
333.16 (9) the amount of percentage depletion deducted under sections 611 through 614 and
333.17291 of the Internal Revenue Code;
333.18 (10) for certified pollution control facilities placed in service in a taxable year
333.19beginning before December 31, 1986, and for which amortization deductions were elected
333.20under section 169 of the Internal Revenue Code of 1954, as amended through December
333.2131, 1985, the amount of the amortization deduction allowed in computing federal taxable
333.22income for those facilities;
333.23 (11) the amount of any deemed dividend from a foreign operating corporation
333.24determined pursuant to section
290.17, subdivision 4, paragraph (g). The deemed dividend
333.25shall be reduced by the amount of the addition to income required by clauses
(19), (20),
333.26(21),
and (22)
, and (23);
333.27 (12) the amount of a partner's pro rata share of net income which does not flow
333.28through to the partner because the partnership elected to pay the tax on the income under
333.29section 6242(a)(2) of the Internal Revenue Code;
333.30 (13) the amount of net income excluded under section 114 of the Internal Revenue
333.31Code;
333.32 (14) (13) any increase in subpart F income, as defined in section 952(a) of the
333.33Internal Revenue Code, for the taxable year when subpart F income is calculated without
333.34regard to the provisions of Division C, title III, section 303(b) of Public Law 110-343;
333.35 (15) (14) 80 percent of the depreciation deduction allowed under section
333.36168(k)(1)(A) and (k)(4)(A) of the Internal Revenue Code. For purposes of this clause, if
334.1the taxpayer has an activity that in the taxable year generates a deduction for depreciation
334.2under section 168(k)(1)(A) and (k)(4)(A) and the activity generates a loss for the taxable
334.3year that the taxpayer is not allowed to claim for the taxable year, "the depreciation
334.4allowed under section 168(k)(1)(A) and (k)(4)(A)" for the taxable year is limited to excess
334.5of the depreciation claimed by the activity under section 168(k)(1)(A) and (k)(4)(A)
334.6over the amount of the loss from the activity that is not allowed in the taxable year. In
334.7succeeding taxable years when the losses not allowed in the taxable year are allowed, the
334.8depreciation under section 168(k)(1)(A) and (k)(4)(A) is allowed;
334.9 (16) (15) 80 percent of the amount by which the deduction allowed by section 179 of
334.10the Internal Revenue Code exceeds the deduction allowable by section 179 of the Internal
334.11Revenue Code of 1986, as amended through December 31, 2003;
334.12 (17) (16) to the extent deducted in computing federal taxable income, the amount of
334.13the deduction allowable under section 199 of the Internal Revenue Code;
334.14 (18) (17) for taxable years beginning before January 1, 2013, the exclusion allowed
334.15under section 139A of the Internal Revenue Code for federal subsidies for prescription
334.16drug plans;
334.17 (19) (18) the amount of expenses disallowed under section
290.10, subdivision 2;
334.18 (20) (19) an amount equal to the interest and intangible expenses, losses, and
334.19costs paid, accrued, or incurred by any member of the taxpayer's unitary group to or for
334.20the benefit of a corporation that is a member of the taxpayer's unitary business group
334.21that qualifies as a foreign operating corporation. For purposes of this clause, intangible
334.22expenses and costs include:
334.23 (i) expenses, losses, and costs for, or related to, the direct or indirect acquisition,
334.24use, maintenance or management, ownership, sale, exchange, or any other disposition of
334.25intangible property;
334.26 (ii) losses incurred, directly or indirectly, from factoring transactions or discounting
334.27transactions;
334.28 (iii) royalty, patent, technical, and copyright fees;
334.29 (iv) licensing fees; and
334.30 (v) other similar expenses and costs.
334.31For purposes of this clause, "intangible property" includes stocks, bonds, patents, patent
334.32applications, trade names, trademarks, service marks, copyrights, mask works, trade
334.33secrets, and similar types of intangible assets.
334.34This clause does not apply to any item of interest or intangible expenses or costs paid,
334.35accrued, or incurred, directly or indirectly, to a foreign operating corporation with respect
334.36to such item of income to the extent that the income to the foreign operating corporation
335.1is income from sources without the United States as defined in subtitle A, chapter 1,
335.2subchapter N, part 1, of the Internal Revenue Code;
335.3 (21) (20) except as already included in the taxpayer's taxable income pursuant to
335.4clause
(20) (19), any interest income and income generated from intangible property
335.5received or accrued by a foreign operating corporation that is a member of the taxpayer's
335.6unitary group. For purposes of this clause, income generated from intangible property
335.7includes:
335.8 (i) income related to the direct or indirect acquisition, use, maintenance or
335.9management, ownership, sale, exchange, or any other disposition of intangible property;
335.10 (ii) income from factoring transactions or discounting transactions;
335.11 (iii) royalty, patent, technical, and copyright fees;
335.12 (iv) licensing fees; and
335.13 (v) other similar income.
335.14For purposes of this clause, "intangible property" includes stocks, bonds, patents, patent
335.15applications, trade names, trademarks, service marks, copyrights, mask works, trade
335.16secrets, and similar types of intangible assets.
335.17This clause does not apply to any item of interest or intangible income received or accrued
335.18by a foreign operating corporation with respect to such item of income to the extent that
335.19the income is income from sources without the United States as defined in subtitle A,
335.20chapter 1, subchapter N, part 1, of the Internal Revenue Code;
335.21 (22) (21) the dividends attributable to the income of a foreign operating corporation
335.22that is a member of the taxpayer's unitary group in an amount that is equal to the dividends
335.23paid deduction of a real estate investment trust under section 561(a) of the Internal
335.24Revenue Code for amounts paid or accrued by the real estate investment trust to the
335.25foreign operating corporation;
335.26 (23) (22) the income of a foreign operating corporation that is a member of the
335.27taxpayer's unitary group in an amount that is equal to gains derived from the sale of real or
335.28personal property located in the United States;
335.29 (24) (23) for taxable years beginning before January 1, 2010, the additional amount
335.30allowed as a deduction for donation of computer technology and equipment under section
335.31170(e)(6) of the Internal Revenue Code, to the extent deducted from taxable income; and
335.32(25) (24) discharge of indebtedness income resulting from reacquisition of business
335.33indebtedness and deferred under section 108(i) of the Internal Revenue Code.
335.34EFFECTIVE DATE.This section is effective the day following final enactment.
336.1 Sec. 14. Minnesota Statutes 2012, section 290.01, subdivision 19d, is amended to read:
336.2 Subd. 19d.
Corporations; modifications decreasing federal taxable income. For
336.3corporations, there shall be subtracted from federal taxable income after the increases
336.4provided in subdivision 19c:
336.5 (1) the amount of foreign dividend gross-up added to gross income for federal
336.6income tax purposes under section 78 of the Internal Revenue Code;
336.7 (2) the amount of salary expense not allowed for federal income tax purposes due to
336.8claiming the work opportunity credit under section 51 of the Internal Revenue Code;
336.9 (3) any dividend (not including any distribution in liquidation) paid within the
336.10taxable year by a national or state bank to the United States, or to any instrumentality of
336.11the United States exempt from federal income taxes, on the preferred stock of the bank
336.12owned by the United States or the instrumentality;
336.13 (4) amounts disallowed for intangible drilling costs due to differences between
336.14this chapter and the Internal Revenue Code in taxable years beginning before January
336.151, 1987, as follows:
336.16 (i) to the extent the disallowed costs are represented by physical property, an amount
336.17equal to the allowance for depreciation under Minnesota Statutes 1986, section
290.09,
336.18subdivision 7
, subject to the modifications contained in subdivision 19e; and
336.19 (ii) to the extent the disallowed costs are not represented by physical property, an
336.20amount equal to the allowance for cost depletion under Minnesota Statutes 1986, section
336.21290.09, subdivision 8
;
336.22 (5) the deduction for capital losses pursuant to sections 1211 and 1212 of the
336.23Internal Revenue Code, except that:
336.24 (i) for capital losses incurred in taxable years beginning after December 31, 1986,
336.25capital loss carrybacks shall not be allowed;
336.26 (ii) for capital losses incurred in taxable years beginning after December 31, 1986,
336.27a capital loss carryover to each of the 15 taxable years succeeding the loss year shall be
336.28allowed;
336.29 (iii) for capital losses incurred in taxable years beginning before January 1, 1987, a
336.30capital loss carryback to each of the three taxable years preceding the loss year, subject to
336.31the provisions of Minnesota Statutes 1986, section
290.16, shall be allowed; and
336.32 (iv) for capital losses incurred in taxable years beginning before January 1, 1987,
336.33a capital loss carryover to each of the five taxable years succeeding the loss year to the
336.34extent such loss was not used in a prior taxable year and subject to the provisions of
336.35Minnesota Statutes 1986, section
290.16, shall be allowed;
337.1 (6) an amount for interest and expenses relating to income not taxable for federal
337.2income tax purposes, if (i) the income is taxable under this chapter and (ii) the interest and
337.3expenses were disallowed as deductions under the provisions of section 171(a)(2), 265 or
337.4291 of the Internal Revenue Code in computing federal taxable income;
337.5 (7) in the case of mines, oil and gas wells, other natural deposits, and timber for
337.6which percentage depletion was disallowed pursuant to subdivision 19c, clause (9), a
337.7reasonable allowance for depletion based on actual cost. In the case of leases the deduction
337.8must be apportioned between the lessor and lessee in accordance with rules prescribed
337.9by the commissioner. In the case of property held in trust, the allowable deduction must
337.10be apportioned between the income beneficiaries and the trustee in accordance with the
337.11pertinent provisions of the trust, or if there is no provision in the instrument, on the basis
337.12of the trust's income allocable to each;
337.13 (8) for certified pollution control facilities placed in service in a taxable year
337.14beginning before December 31, 1986, and for which amortization deductions were elected
337.15under section 169 of the Internal Revenue Code of 1954, as amended through December
337.1631, 1985, an amount equal to the allowance for depreciation under Minnesota Statutes
337.171986, section
290.09, subdivision 7;
337.18 (9) amounts included in federal taxable income that are due to refunds of income,
337.19excise, or franchise taxes based on net income or related minimum taxes paid by the
337.20corporation to Minnesota, another state, a political subdivision of another state, the
337.21District of Columbia, or a foreign country or possession of the United States to the extent
337.22that the taxes were added to federal taxable income under section
290.01, subdivision 19c,
337.23clause (1), in a prior taxable year;
337.24 (10) 80 percent of royalties, fees, or other like income accrued or received from a
337.25foreign operating corporation or a foreign corporation which is part of the same unitary
337.26business as the receiving corporation, unless the income resulting from such payments or
337.27accruals is income from sources within the United States as defined in subtitle A, chapter
337.281, subchapter N, part 1, of the Internal Revenue Code;
337.29 (11) income or gains from the business of mining as defined in section
290.05,
337.30subdivision 1
, clause (a), that are not subject to Minnesota franchise tax;
337.31 (12) the amount of disability access expenditures in the taxable year which are not
337.32allowed to be deducted or capitalized under section 44(d)(7) of the Internal Revenue Code;
337.33 (13) the amount of qualified research expenses not allowed for federal income tax
337.34purposes under section 280C(c) of the Internal Revenue Code, but only to the extent that
337.35the amount exceeds the amount of the credit allowed under section
290.068;
338.1 (14) the amount of salary expenses not allowed for federal income tax purposes due to
338.2claiming the Indian employment credit under section 45A(a) of the Internal Revenue Code;
338.3 (15) for a corporation whose foreign sales corporation, as defined in section 922
338.4of the Internal Revenue Code, constituted a foreign operating corporation during any
338.5taxable year ending before January 1, 1995, and a return was filed by August 15, 1996,
338.6claiming the deduction under section
290.21, subdivision 4, for income received from
338.7the foreign operating corporation, an amount equal to
1.23 multiplied by the amount of
338.8income excluded under section 114 of the Internal Revenue Code, provided the income is
338.9not income of a foreign operating company;
338.10 (16) (15) any decrease in subpart F income, as defined in section 952(a) of the
338.11Internal Revenue Code, for the taxable year when subpart F income is calculated without
338.12regard to the provisions of Division C, title III, section 303(b) of Public Law 110-343;
338.13 (17) (16) in each of the five tax years immediately following the tax year in which an
338.14addition is required under subdivision 19c, clause
(15) (14), an amount equal to one-fifth
338.15of the delayed depreciation. For purposes of this clause, "delayed depreciation" means the
338.16amount of the addition made by the taxpayer under subdivision 19c, clause
(15) (14). The
338.17resulting delayed depreciation cannot be less than zero;
338.18 (18) (17) in each of the five tax years immediately following the tax year in which an
338.19addition is required under subdivision 19c, clause
(16) (15), an amount equal to one-fifth
338.20of the amount of the addition; and
338.21(19) (18) to the extent included in federal taxable income, discharge of indebtedness
338.22income resulting from reacquisition of business indebtedness included in federal taxable
338.23income under section 108(i) of the Internal Revenue Code. This subtraction applies only
338.24to the extent that the income was included in net income in a prior year as a result of the
338.25addition under section
290.01, subdivision 19c, clause
(25) (24).
338.26EFFECTIVE DATE.This section is effective the day following final enactment.
338.27 Sec. 15. Minnesota Statutes 2012, section 290.0921, subdivision 3, is amended to read:
338.28 Subd. 3.
Alternative minimum taxable income. "Alternative minimum taxable
338.29income" is Minnesota net income as defined in section
290.01, subdivision 19, and
338.30includes the adjustments and tax preference items in sections 56, 57, 58, and 59(d), (e),
338.31(f), and (h) of the Internal Revenue Code. If a corporation files a separate company
338.32Minnesota tax return, the minimum tax must be computed on a separate company basis.
338.33If a corporation is part of a tax group filing a unitary return, the minimum tax must be
338.34computed on a unitary basis. The following adjustments must be made.
339.1(1) For purposes of the depreciation adjustments under section 56(a)(1) and
339.256(g)(4)(A) of the Internal Revenue Code, the basis for depreciable property placed in
339.3service in a taxable year beginning before January 1, 1990, is the adjusted basis for federal
339.4income tax purposes, including any modification made in a taxable year under section
339.5290.01, subdivision 19e
, or Minnesota Statutes 1986, section
290.09, subdivision 7,
339.6paragraph (c).
339.7For taxable years beginning after December 31, 2000, the amount of any remaining
339.8modification made under section
290.01, subdivision 19e, or Minnesota Statutes 1986,
339.9section
290.09, subdivision 7, paragraph (c), not previously deducted is a depreciation
339.10allowance in the first taxable year after December 31, 2000.
339.11(2) The portion of the depreciation deduction allowed for federal income tax
339.12purposes under section 168(k) of the Internal Revenue Code that is required as an addition
339.13under section
290.01, subdivision 19c, clause
(15) (14), is disallowed in determining
339.14alternative minimum taxable income.
339.15(3) The subtraction for depreciation allowed under section
290.01, subdivision
339.1619d
, clause
(17) (16), is allowed as a depreciation deduction in determining alternative
339.17minimum taxable income.
339.18(4) The alternative tax net operating loss deduction under sections 56(a)(4) and 56(d)
339.19of the Internal Revenue Code does not apply.
339.20(5) The special rule for certain dividends under section 56(g)(4)(C)(ii) of the Internal
339.21Revenue Code does not apply.
339.22(6) The special rule for dividends from section 936 companies under section
339.2356(g)(4)(C)(iii) does not apply.
339.24(7) (6) The tax preference for depletion under section 57(a)(1) of the Internal
339.25Revenue Code does not apply.
339.26(8) (7) The tax preference for intangible drilling costs under section 57(a)(2) of the
339.27Internal Revenue Code must be calculated without regard to subparagraph (E) and the
339.28subtraction under section
290.01, subdivision 19d, clause (4).
339.29(9) (8) The tax preference for tax exempt interest under section 57(a)(5) of the
339.30Internal Revenue Code does not apply.
339.31(10) (9) The tax preference for charitable contributions of appreciated property
339.32under section 57(a)(6) of the Internal Revenue Code does not apply.
339.33(11) (10) For purposes of calculating the tax preference for accelerated depreciation
339.34or amortization on certain property placed in service before January 1, 1987, under section
339.3557(a)(7) of the Internal Revenue Code, the deduction allowable for the taxable year is the
339.36deduction allowed under section
290.01, subdivision 19e.
340.1For taxable years beginning after December 31, 2000, the amount of any remaining
340.2modification made under section
290.01, subdivision 19e, not previously deducted is a
340.3depreciation or amortization allowance in the first taxable year after December 31, 2004.
340.4(12) (11) For purposes of calculating the adjustment for adjusted current earnings
340.5in section 56(g) of the Internal Revenue Code, the term "alternative minimum taxable
340.6income" as it is used in section 56(g) of the Internal Revenue Code, means alternative
340.7minimum taxable income as defined in this subdivision, determined without regard to the
340.8adjustment for adjusted current earnings in section 56(g) of the Internal Revenue Code.
340.9(13) (12) For purposes of determining the amount of adjusted current earnings
340.10under section 56(g)(3) of the Internal Revenue Code, no adjustment shall be made under
340.11section 56(g)(4) of the Internal Revenue Code with respect to (i) the amount of foreign
340.12dividend gross-up subtracted as provided in section
290.01, subdivision 19d, clause (1),
340.13(ii) the amount of refunds of income, excise, or franchise taxes subtracted as provided in
340.14section
290.01, subdivision 19d, clause (9), or (iii) the amount of royalties, fees or other
340.15like income subtracted as provided in section
290.01, subdivision 19d, clause (10).
340.16(14) (13) Alternative minimum taxable income excludes the income from operating
340.17in a job opportunity building zone as provided under section
469.317.
340.18(15) (14) Alternative minimum taxable income excludes the income from operating
340.19in a biotechnology and health sciences industry zone as provided under section
469.337.
340.20Items of tax preference must not be reduced below zero as a result of the
340.21modifications in this subdivision.
340.22EFFECTIVE DATE.This section is effective the day following final enactment.
340.23 Sec. 16. Minnesota Statutes 2012, section 290.17, subdivision 4, is amended to read:
340.24 Subd. 4.
Unitary business principle. (a) If a trade or business conducted wholly
340.25within this state or partly within and partly without this state is part of a unitary business,
340.26the entire income of the unitary business is subject to apportionment pursuant to section
340.27290.191
. Notwithstanding subdivision 2, paragraph (c), none of the income of a unitary
340.28business is considered to be derived from any particular source and none may be allocated
340.29to a particular place except as provided by the applicable apportionment formula. The
340.30provisions of this subdivision do not apply to business income subject to subdivision 5,
340.31income of an insurance company, or income of an investment company determined under
340.32section
290.36.
340.33(b) The term "unitary business" means business activities or operations which
340.34result in a flow of value between them. The term may be applied within a single legal
341.1entity or between multiple entities and without regard to whether each entity is a sole
341.2proprietorship, a corporation, a partnership or a trust.
341.3(c) Unity is presumed whenever there is unity of ownership, operation, and use,
341.4evidenced by centralized management or executive force, centralized purchasing,
341.5advertising, accounting, or other controlled interaction, but the absence of these
341.6centralized activities will not necessarily evidence a nonunitary business. Unity is also
341.7presumed when business activities or operations are of mutual benefit, dependent upon or
341.8contributory to one another, either individually or as a group.
341.9(d) Where a business operation conducted in Minnesota is owned by a business
341.10entity that carries on business activity outside the state different in kind from that
341.11conducted within this state, and the other business is conducted entirely outside the state, it
341.12is presumed that the two business operations are unitary in nature, interrelated, connected,
341.13and interdependent unless it can be shown to the contrary.
341.14(e) Unity of ownership
is does not
deemed to exist when
a corporation is two or
341.15more corporations are involved unless
that corporation is a member of a group of two or
341.16more business entities and more than 50 percent of the voting stock of each
member of
341.17the group corporation is directly or indirectly owned by a common owner or by common
341.18owners, either corporate or noncorporate, or by one or more of the member corporations
341.19of the group. For this purpose, the term "voting stock" shall include membership interests
341.20of mutual insurance holding companies formed under section
66A.40.
341.21(f) The net income and apportionment factors under section
290.191 or
290.20 of
341.22foreign corporations and other foreign entities which are part of a unitary business shall
341.23not be included in the net income or the apportionment factors of the unitary business.
341.24A foreign corporation or other foreign entity which is required to file a return under this
341.25chapter shall file on a separate return basis. The net income and apportionment factors
341.26under section
290.191 or
290.20 of foreign operating corporations shall not be included in
341.27the net income or the apportionment factors of the unitary business except as provided in
341.28paragraph (g).
341.29(g) The adjusted net income of a foreign operating corporation shall be deemed to
341.30be paid as a dividend on the last day of its taxable year to each shareholder thereof, in
341.31proportion to each shareholder's ownership, with which such corporation is engaged in
341.32a unitary business. Such deemed dividend shall be treated as a dividend under section
341.33290.21, subdivision 4
.
341.34Dividends actually paid by a foreign operating corporation to a corporate shareholder
341.35which is a member of the same unitary business as the foreign operating corporation shall
341.36be eliminated from the net income of the unitary business in preparing a combined report
342.1for the unitary business. The adjusted net income of a foreign operating corporation
342.2shall be its net income adjusted as follows:
342.3(1) any taxes paid or accrued to a foreign country, the commonwealth of Puerto
342.4Rico, or a United States possession or political subdivision of any of the foregoing shall
342.5be a deduction; and
342.6(2) the subtraction from federal taxable income for payments received from foreign
342.7corporations or foreign operating corporations under section
290.01, subdivision 19d,
342.8clause (10), shall not be allowed.
342.9If a foreign operating corporation incurs a net loss, neither income nor deduction from
342.10that corporation shall be included in determining the net income of the unitary business.
342.11(h) For purposes of determining the net income of a unitary business and the factors
342.12to be used in the apportionment of net income pursuant to section
290.191 or
290.20, there
342.13must be included only the income and apportionment factors of domestic corporations or
342.14other domestic entities other than foreign operating corporations that are determined to
342.15be part of the unitary business pursuant to this subdivision, notwithstanding that foreign
342.16corporations or other foreign entities might be included in the unitary business.
342.17(i) Deductions for expenses, interest, or taxes otherwise allowable under this chapter
342.18that are connected with or allocable against dividends, deemed dividends described
342.19in paragraph (g), or royalties, fees, or other like income described in section
290.01,
342.20subdivision 19d
, clause (10), shall not be disallowed.
342.21(j) Each corporation or other entity, except a sole proprietorship, that is part of a
342.22unitary business must file combined reports as the commissioner determines. On the
342.23reports, all intercompany transactions between entities included pursuant to paragraph
342.24(h) must be eliminated and the entire net income of the unitary business determined in
342.25accordance with this subdivision is apportioned among the entities by using each entity's
342.26Minnesota factors for apportionment purposes in the numerators of the apportionment
342.27formula and the total factors for apportionment purposes of all entities included pursuant
342.28to paragraph (h) in the denominators of the apportionment formula.
342.29(k) If a corporation has been divested from a unitary business and is included in a
342.30combined report for a fractional part of the common accounting period of the combined
342.31report:
342.32(1) its income includable in the combined report is its income incurred for that part
342.33of the year determined by proration or separate accounting; and
342.34(2) its sales, property, and payroll included in the apportionment formula must
342.35be prorated or accounted for separately.
342.36EFFECTIVE DATE.This section is effective the day following final enactment.
343.1 Sec. 17. Minnesota Statutes 2012, section 290.9705, subdivision 1, is amended to read:
343.2 Subdivision 1.
Withholding of payments to out-of-state contractors. (a) In this
343.3section, "person" means a person, corporation, or cooperative, the state of Minnesota and
343.4its political subdivisions, and a city, county, and school district in Minnesota.
343.5(b) A person who in the regular course of business is hiring, contracting, or having a
343.6contract with a nonresident person or foreign corporation
, as defined in Minnesota Statutes
343.71986, section
290.01, subdivision 5, to perform construction work in Minnesota, shall
343.8deduct and withhold eight percent of
cumulative calendar year payments
made to the
343.9contractor
which exceed if the value of the contract exceeds $50,000.
343.10EFFECTIVE DATE.This section is effective for payments made to contractors
343.11after December 31, 2013.
343.13DEPARTMENT POLICY AND TECHNICAL: SALES AND USE
343.14TAXES; SPECIAL TAXES
343.15 Section 1. Minnesota Statutes 2012, section 287.20, is amended by adding a
343.16subdivision to read:
343.17 Subd. 11. Partition. "Partition" means the division by conveyance of real property
343.18that is held jointly or in common by two or more persons into individually owned interests.
343.19If one of the co-owners gives consideration for all or a part of the individually owned
343.20interest conveyed to them, that portion of the conveyance is not a part of the partition.
343.21EFFECTIVE DATE.This section is effective the day following final enactment.
343.22 Sec. 2. Minnesota Statutes 2012, section 289A.20, subdivision 4, is amended to read:
343.23 Subd. 4.
Sales and use tax. (a) The taxes imposed by chapter 297A are due and
343.24payable to the commissioner monthly on or before the 20th day of the month following
343.25the month in which the taxable event occurred, or following another reporting period
343.26as the commissioner prescribes or as allowed under section
289A.18, subdivision 4,
343.27paragraph (f) or (g), except that
:
343.28(1) use taxes due on an annual use tax return as provided under section
289A.11,
343.29subdivision 1
, are payable by April 15 following the close of the calendar year
; and.
343.30(2) except as provided in paragraph (f), for a vendor having a liability of $120,000
343.31or more during a fiscal year ending June 30, 2009, and fiscal years thereafter, the taxes
343.32imposed by chapter 297A, except as provided in paragraph (b), are due and payable to the
343.33commissioner monthly in the following manner:
344.1(i) On or before the 14th day of the month following the month in which the taxable
344.2event occurred, the vendor must remit to the commissioner 90 percent of the estimated
344.3liability for the month in which the taxable event occurred.
344.4(ii) On or before the 20th day of the month in which the taxable event occurs, the
344.5vendor must remit to the commissioner a prepayment for the month in which the taxable
344.6event occurs equal to 67 percent of the liability for the previous month.
344.7(iii) On or before the 20th day of the month following the month in which the taxable
344.8event occurred, the vendor must pay any additional amount of tax not previously remitted
344.9under either item (i) or (ii ) or, if the payment made under item (i) or (ii) was greater than
344.10the vendor's liability for the month in which the taxable event occurred, the vendor may
344.11take a credit against the next month's liability in a manner prescribed by the commissioner.
344.12(iv) Once the vendor first pays under either item (i) or (ii), the vendor is required to
344.13continue to make payments in the same manner, as long as the vendor continues having a
344.14liability of $120,000 or more during the most recent fiscal year ending June 30.
344.15(v) Notwithstanding items (i), (ii), and (iv), if a vendor fails to make the required
344.16payment in the first month that the vendor is required to make a payment under either item
344.17(i) or (ii), then the vendor is deemed to have elected to pay under item (ii) and must make
344.18subsequent monthly payments in the manner provided in item (ii).
344.19(vi) For vendors making an accelerated payment under item (ii), for the first month
344.20that the vendor is required to make the accelerated payment, on the 20th of that month, the
344.21vendor will pay 100 percent of the liability for the previous month and a prepayment for
344.22the first month equal to 67 percent of the liability for the previous month.
344.23 (b)
Notwithstanding paragraph (a), A vendor having a liability of $120,000 or more
344.24during a fiscal year ending June 30 must remit the June liability for the next year in the
344.25following manner:
344.26 (1) Two business days before June 30 of the year, the vendor must remit 90 percent
344.27of the estimated June liability to the commissioner.
344.28 (2) On or before August 20 of the year, the vendor must pay any additional amount
344.29of tax not remitted in June.
344.30 (c) A vendor having a liability of:
344.31 (1) $10,000 or more, but less than $120,000 during a fiscal year ending June 30,
344.322009, and fiscal years thereafter, must remit by electronic means all liabilities on returns
344.33due for periods beginning in the subsequent calendar year on or before the 20th day of
344.34the month following the month in which the taxable event occurred, or on or before the
344.3520th day of the month following the month in which the sale is reported under section
344.36289A.18, subdivision 4
; or
345.1(2) $120,000 or more, during a fiscal year ending June 30, 2009, and fiscal years
345.2thereafter, must remit by electronic means all liabilities in the manner provided in
345.3paragraph (a)
, clause (2), on returns due for periods beginning in the subsequent calendar
345.4year, except for 90 percent of the estimated June liability, which is due two business days
345.5before June 30. The remaining amount of the June liability is due on August 20.
345.6(d) Notwithstanding paragraph (b) or (c), a person prohibited by the person's
345.7religious beliefs from paying electronically shall be allowed to remit the payment by mail.
345.8The filer must notify the commissioner of revenue of the intent to pay by mail before
345.9doing so on a form prescribed by the commissioner. No extra fee may be charged to a
345.10person making payment by mail under this paragraph. The payment must be postmarked
345.11at least two business days before the due date for making the payment in order to be
345.12considered paid on a timely basis.
345.13(e) Whenever the liability is $120,000 or more separately for: (1) the tax imposed
345.14under chapter 297A; (2) a fee that is to be reported on the same return as and paid with the
345.15chapter 297A taxes; or (3) any other tax that is to be reported on the same return as and
345.16paid with the chapter 297A taxes, then the payment of all the liabilities on the return must
345.17be accelerated as provided in this subdivision.
345.18(f) At the start of the first calendar quarter at least 90 days after the cash flow account
345.19established in section
16A.152, subdivision 1, and the budget reserve account established in
345.20section
16A.152, subdivision 1a, reach the amounts listed in section
16A.152, subdivision
345.212
, paragraph (a), the remittance of the accelerated payments required under paragraph (a),
345.22clause (2), must be suspended. The commissioner of management and budget shall notify
345.23the commissioner of revenue when the accounts have reached the required amounts.
345.24Beginning with the suspension of paragraph (a), clause (2), for a vendor with a liability of
345.25$120,000 or more during a fiscal year ending June 30, 2009, and fiscal years thereafter, the
345.26taxes imposed by chapter 297A are due and payable to the commissioner on the 20th day
345.27of the month following the month in which the taxable event occurred. Payments of tax
345.28liabilities for taxable events occurring in June under paragraph (b) are not changed.
345.29EFFECTIVE DATE.This section is effective the day following final enactment.
345.30 Sec. 3. Minnesota Statutes 2012, section 297G.04, subdivision 2, is amended to read:
345.31 Subd. 2.
Tax credit. A qualified brewer producing fermented malt beverages
345.32is entitled to a tax credit of $4.60 per barrel on 25,000 barrels sold in any fiscal year
345.33beginning July 1, regardless of the alcohol content of the product. Qualified brewers may
345.34take the credit on the 18th day of each month, but the total credit allowed may not exceed
345.35in any fiscal year the lesser of:
346.1(1) the liability for tax; or
346.2(2) $115,000.
346.3For purposes of this subdivision, a "qualified brewer" means a brewer, whether
346.4or not located in this state, manufacturing less than 100,000 barrels of fermented malt
346.5beverages in the calendar year immediately preceding the
calendar fiscal year for which
346.6the credit under this subdivision is claimed. In determining the number of barrels, all
346.7brands or labels of a brewer must be combined. All facilities for the manufacture of
346.8fermented malt beverages owned or controlled by the same person, corporation, or other
346.9entity must be treated as a single brewer.
346.10EFFECTIVE DATE.This section is effective the day following final enactment.
346.11 Sec. 4. Minnesota Statutes 2012, section 297I.05, subdivision 11, is amended to read:
346.12 Subd. 11.
Retaliatory provisions. (a) If any other state or country imposes any
346.13taxes, fines, deposits, penalties, licenses, or fees upon any insurance companies of this
346.14state and their agents doing business in another state or country that are in addition to or in
346.15excess of those imposed by the laws of this state upon foreign insurance companies and
346.16their agents doing business in this state, the same taxes, fines, deposits, penalties, licenses,
346.17and fees are imposed upon every similar insurance company of that state or country and
346.18their agents doing or applying to do business in this state.
346.19(b) If any conditions precedent to the right to do business in any other state or
346.20country are imposed by the laws of that state or country, beyond those imposed upon
346.21foreign companies by the laws of this state, the same conditions precedent are imposed
346.22upon every similar insurance company of that state or country and their agents doing or
346.23applying to do business in that state.
346.24(c) For purposes of this subdivision, "taxes, fines, deposits, penalties, licenses, or
346.25fees" means an amount of money that is deposited in the general revenue fund of the state
346.26or other similar fund in another state or country and is not dedicated to a special purpose
346.27or use or money deposited in the general revenue fund of the state or other similar fund in
346.28another state or country and appropriated to the commissioner of commerce or insurance
346.29for the operation of the Department of Commerce or other similar agency with jurisdiction
346.30over insurance. Taxes, fines, deposits, penalties, licenses, or fees do not include:
346.31(1) special purpose obligations or assessments imposed in connection with particular
346.32kinds of insurance, including but not limited to assessments imposed in connection with
346.33residual market mechanisms; or
346.34(2) assessments made by the insurance guaranty association, life and health
346.35guarantee association, or similar association.
347.1(d) This subdivision applies to taxes imposed under subdivisions 1
,; 3
,; 4
, 6, and; 12,
347.2paragraph (a), clauses (1) and (2)
; and 14.
347.3(e) This subdivision does not apply to insurance companies organized or domiciled
347.4in a state or country, the laws of which do not impose retaliatory taxes, fines, deposits,
347.5penalties, licenses, or fees or which grant, on a reciprocal basis, exemptions from
347.6retaliatory taxes, fines, deposits, penalties, licenses, or fees to insurance companies
347.7domiciled in this state.
347.8EFFECTIVE DATE.This section is effective the day following final enactment.
347.9 Sec. 5.
REPEALER.
347.10Minnesota Statutes 2012, section 289A.60, subdivision 31, is repealed.
347.11EFFECTIVE DATE.This section is effective the day following final enactment.
347.13DEPARTMENT POLICY AND TECHNICAL: MINERALS
347.14TAXES; PROPERTY TAX
347.15 Section 1. Minnesota Statutes 2012, section 13.4965, subdivision 3, is amended to read:
347.16 Subd. 3.
Homestead and other applications. The classification and disclosure of
347.17certain information collected to determine
eligibility of property for a homestead
or other
347.18classification
or benefit under section 273.13 are governed by
section sections 273.124,
347.19subdivision subdivisions 13
, 13a, 13b, 13c, and 13d; 273.1245; and 273.1315.
347.20EFFECTIVE DATE.This section is effective the day following final enactment.
347.21 Sec. 2. Minnesota Statutes 2012, section 123A.455, subdivision 1, is amended to read:
347.22 Subdivision 1.
Definitions. "Split residential property parcel" means a parcel of
347.23real estate that is located within the boundaries of more than one school district and that
347.24is classified as residential property under:
347.25(1) section
273.13, subdivision 22, paragraph (a) or (b);
347.26(2) section
273.13, subdivision 25, paragraph (b), clause (1); or
347.27(3) section
273.13, subdivision 25, paragraph (c)
, clause (1).
347.28EFFECTIVE DATE.This section is effective for taxes payable in 2014 and
347.29thereafter.
348.1 Sec. 3. Minnesota Statutes 2012, section 270.077, is amended to read:
348.2270.077 TAXES CREDITED TO STATE AIRPORTS FUND.
348.3All taxes levied under sections
270.071 to
270.079 must be
collected by the
348.4commissioner and credited to the state airports fund created in section
360.017.
348.5EFFECTIVE DATE.This section is effective the day following final enactment.
348.6 Sec. 4. Minnesota Statutes 2012, section 270.41, subdivision 5, is amended to read:
348.7 Subd. 5.
Prohibited activity. A licensed assessor or other person employed by an
348.8assessment jurisdiction or contracting with an assessment jurisdiction for the purpose
348.9of valuing or classifying property for property tax purposes is prohibited from making
348.10appraisals or analyses, accepting an appraisal assignment, or preparing an appraisal report
348.11as defined in section
82B.021, subdivisions 2, 4, 6, and 7, on any property within the
348.12assessment jurisdiction where the individual is employed or performing the duties of the
348.13assessor under contract. Violation of this prohibition shall result in immediate revocation
348.14of the individual's license to assess property for property tax purposes. This prohibition
348.15must not be construed to prohibit an individual from carrying out any duties required
348.16for the proper assessment of property for property tax purposes or performing duties
348.17enumerated in section
273.061, subdivision 7 or 8. If a formal resolution has been adopted
348.18by the governing body of a governmental unit, which specifies the purposes for which
348.19such work will be done, this prohibition does not apply to appraisal activities undertaken
348.20on behalf of and at the request of the governmental unit that has employed or contracted
348.21with the individual. The resolution may only allow appraisal activities which are related to
348.22condemnations, right-of-way acquisitions,
land exchanges, or special assessments.
348.23EFFECTIVE DATE.This section is effective the day following final enactment.
348.24 Sec. 5. Minnesota Statutes 2012, section 270C.34, subdivision 1, is amended to read:
348.25 Subdivision 1.
Authority. (a) The commissioner may abate, reduce, or refund any
348.26penalty or interest that is imposed by a law administered by the commissioner, or imposed
348.27by section
270.0725, subdivision 1 or 2,
or 270.075, subdivision 2, as a result of the late
348.28payment of tax or late filing of a return, or any part of an additional tax charge under
348.29section
289A.25, subdivision 2, or
289A.26, subdivision 4, if the failure to timely pay the
348.30tax or failure to timely file the return is due to reasonable cause, or if the taxpayer is located
348.31in a presidentially declared disaster or in a presidentially declared state of emergency area
348.32or in an area declared to be in a state of emergency by the governor under section
12.31.
349.1 (b) The commissioner shall abate any part of a penalty or additional tax charge
349.2under section
289A.25, subdivision 2, or
289A.26, subdivision 4, attributable to erroneous
349.3advice given to the taxpayer in writing by an employee of the department acting in
349.4an official capacity, if the advice:
349.5 (1) was reasonably relied on and was in response to a specific written request of the
349.6taxpayer; and
349.7 (2) was not the result of failure by the taxpayer to provide adequate or accurate
349.8information.
349.9EFFECTIVE DATE.This section is effective the day following final enactment.
349.10 Sec. 6. Minnesota Statutes 2012, section 272.01, subdivision 2, is amended to read:
349.11 Subd. 2.
Exempt property used by private entity for profit. (a) When any real or
349.12personal property which is exempt from ad valorem taxes, and taxes in lieu thereof, is
349.13leased, loaned, or otherwise made available and used by a private individual, association,
349.14or corporation in connection with a business conducted for profit, there shall be imposed a
349.15tax, for the privilege of so using or possessing such real or personal property, in the same
349.16amount and to the same extent as though the lessee or user was the owner of such property.
349.17 (b) The tax imposed by this subdivision shall not apply to:
349.18 (1) property leased or used as a concession in or relative to the use in whole
349.19or part of a public park, market, fairgrounds, port authority, economic development
349.20authority established under chapter 469, municipal auditorium, municipal parking facility,
349.21municipal museum, or municipal stadium;
349.22 (2) property of an airport owned by a city, town, county, or group thereof which is:
349.23 (i) leased to or used by any person or entity including a fixed base operator; and
349.24 (ii) used as a hangar for the storage or repair of aircraft or to provide aviation goods,
349.25services, or facilities to the airport or general public;
349.26the exception from taxation provided in this clause does not apply to:
349.27 (i) property located at an airport owned or operated by the Metropolitan Airports
349.28Commission or by a city of over 50,000 population according to the most recent federal
349.29census or such a city's airport authority; or
349.30 (ii) hangars leased by a private individual, association, or corporation in connection
349.31with a business conducted for profit other than an aviation-related business;
349.32 (3) property constituting or used as a public pedestrian ramp or concourse in
349.33connection with a public airport;
350.1 (4) property constituting or used as a passenger check-in area or ticket sale counter,
350.2boarding area, or luggage claim area in connection with a public airport but not the
350.3airports owned or operated by the Metropolitan Airports Commission or cities of over
350.450,000 population or an airport authority therein. Real estate owned by a municipality
350.5in connection with the operation of a public airport and leased or used for agricultural
350.6purposes is not exempt;
350.7 (5) property leased, loaned, or otherwise made available to a private individual,
350.8corporation, or association under a cooperative farming agreement made pursuant to
350.9section
97A.135; or
350.10 (6) property leased, loaned, or otherwise made available to a private individual,
350.11corporation, or association under section
272.68, subdivision 4.
350.12 (c) Taxes imposed by this subdivision are payable as in the case of personal property
350.13taxes and shall be assessed to the lessees or users of real or personal property in the same
350.14manner as taxes assessed to owners of real or personal property, except that such taxes
350.15shall not become a lien against the property. When due, the taxes shall constitute a debt due
350.16from the lessee or user to the state, township, city, county, and school district for which the
350.17taxes were assessed and shall be collected in the same manner as personal property taxes.
350.18If property subject to the tax imposed by this subdivision is leased or used jointly by two or
350.19more persons, each lessee or user shall be jointly and severally liable for payment of the tax.
350.20 (d) The tax on real property of the
federal government, the state or any of its political
350.21subdivisions that is leased
by, loaned, or otherwise made available to a private individual,
350.22association, or corporation and becomes taxable under this subdivision or other provision
350.23of law must be assessed and collected as a personal property assessment. The taxes do
350.24not become a lien against the real property.
350.25EFFECTIVE DATE.This section is effective the day following final enactment.
350.26 Sec. 7. Minnesota Statutes 2012, section 272.02, subdivision 97, is amended to read:
350.27 Subd. 97.
Property used in business of mining subject to net proceeds tax. The
350.28following property used in the business of mining that is subject to the net proceeds tax
350.29under section
298.015 is exempt:
350.30(1) deposits of ores, metals, and minerals and the lands in which they are contained;
350.31(2) all real and personal property used in mining, quarrying, producing, or refining
350.32ores, minerals, or metals, including lands occupied by or used in connection with the
350.33mining, quarrying, production, or ore refining facilities; and
350.34(3) concentrate
or direct reduced ore.
351.1This exemption applies for each year that a person subject to tax under section
351.2298.015
uses the property for mining, quarrying, producing, or refining ores, metals, or
351.3minerals.
351.4EFFECTIVE DATE.This section is effective the day following final enactment.
351.5 Sec. 8. Minnesota Statutes 2012, section 272.03, subdivision 9, is amended to read:
351.6 Subd. 9.
Person. "Person"
includes means an individual, association, estate, trust,
351.7partnership, firm, company, or corporation.
351.8EFFECTIVE DATE.This section is effective the day following final enactment.
351.9 Sec. 9. Minnesota Statutes 2012, section 273.032, is amended to read:
351.10273.032 MARKET VALUE DEFINITION.
351.11For the purpose of determining any property tax levy limitation based on market
351.12value, any qualification to receive state aid based on market value, or any state aid amount
351.13based on market value, the terms "market value," "taxable market value," and "market
351.14valuation," whether equalized or unequalized, mean the total taxable market value of
351.15property within the local unit of government before any adjustments for tax increment,
351.16fiscal disparity, powerline credit, or wind energy values, but after
the limited market
351.17adjustments under section
273.11, subdivision 1a, and after the market value exclusions of
351.18certain improvements to homestead property under section
273.11, subdivision 16. Unless
351.19otherwise provided, "market value," "taxable market value," and "market valuation" for
351.20purposes of this paragraph, refer to the taxable market value for the previous assessment
351.21year.
351.22For the purpose of determining any net debt limit based on market value, or any limit
351.23on the issuance of bonds, certificates of indebtedness, or capital notes based on market
351.24value, the terms "market value," "taxable market value," and "market valuation," whether
351.25equalized or unequalized, mean the total taxable market value of property within the local
351.26unit of government before any adjustments for tax increment, fiscal disparity, powerline
351.27credit, or wind energy values, but after
the limited market value adjustments under section
351.28273.11, subdivision 1a, and after the market value exclusions of certain improvements to
351.29homestead property under section
273.11, subdivision 16. Unless otherwise provided,
351.30"market value," "taxable market value," and "market valuation" for purposes of this
351.31paragraph, mean the taxable market value as last finally equalized.
351.32EFFECTIVE DATE.This section is effective the day following final enactment.
352.1 Sec. 10. Minnesota Statutes 2012, section 273.114, subdivision 6, is amended to read:
352.2 Subd. 6.
Additional taxes. (a) When real property which is being, or has been
352.3valued and assessed under this section
is sold, transferred, or no longer qualifies under
352.4subdivision 2, the portion
sold, transferred, or no longer qualifying shall be subject to
352.5additional taxes in the amount equal to the difference between the taxes determined in
352.6accordance with subdivision 3 and the amount determined under subdivision 4, provided
352.7that the amount determined under subdivision 4 shall not be greater than it would have
352.8been had the actual bona fide sale price of the real property at an arm's-length transaction
352.9been used in lieu of the market value determined under subdivision 4. The additional taxes
352.10shall be extended against the property on the tax list for
taxes payable in the current year,
352.11provided that no interest or penalties shall be levied on the additional taxes if timely paid
352.12and
provided that the additional taxes shall only be levied with respect to the current year
352.13plus two prior years that the property has been valued and assessed under this section.
352.14(b) In the case of a sale or transfer, the additional taxes under paragraph (a) shall not
352.15be extended against the property if the new owner submits a successful application under
352.16this section by the later of May 1 of the current year or 30 days after the sale or transfer.
352.17(c) For the purposes of this section, the following events do not constitute a sale or
352.18transfer for property that qualified under subdivision 2 prior to the event:
352.19(1) death of a property owner when the surviving owners retain ownership of the
352.20property;
352.21(2) divorce of a married couple when one of the spouses retains ownership of the
352.22property;
352.23(3) marriage of a single property owner when that owner retains ownership of the
352.24property in whole or in part;
352.25(4) the organization or reorganization of a farm ownership entity that is not prohibited
352.26from owning agricultural land in this state under section 500.24, if all owners maintain the
352.27same beneficial interest both before and after the organization or reorganization; and
352.28(5) transfer of the property to a trust or trustee, provided that the individual owners
352.29of the property are the grantors of the trust and they maintain the same beneficial interest
352.30both before and after placement of the property in trust.
352.31EFFECTIVE DATE.This section is effective the day following final enactment.
352.32 Sec. 11. Minnesota Statutes 2012, section 273.124, subdivision 13, is amended to read:
352.33 Subd. 13.
Homestead application. (a) A person who meets the homestead
352.34requirements under subdivision 1 must file a homestead application with the county
352.35assessor to initially obtain homestead classification.
353.1 (b) The format and contents of a uniform homestead application shall be prescribed
353.2by the commissioner of revenue. The application must clearly inform the taxpayer that
353.3this application must be signed by all owners who occupy the property or by the qualifying
353.4relative and returned to the county assessor in order for the property to receive homestead
353.5treatment.
353.6 (c) Every property owner applying for homestead classification must furnish to the
353.7county assessor the Social Security number of each occupant who is listed as an owner
353.8of the property on the deed of record, the name and address of each owner who does not
353.9occupy the property, and the name and Social Security number of each owner's spouse who
353.10occupies the property. The application must be signed by each owner who occupies the
353.11property and by each owner's spouse who occupies the property, or, in the case of property
353.12that qualifies as a homestead under subdivision 1, paragraph (c), by the qualifying relative.
353.13 If a property owner occupies a homestead, the property owner's spouse may not
353.14claim another property as a homestead unless the property owner and the property owner's
353.15spouse file with the assessor an affidavit or other proof required by the assessor stating that
353.16the property qualifies as a homestead under subdivision 1, paragraph (e).
353.17 Owners or spouses occupying residences owned by their spouses and previously
353.18occupied with the other spouse, either of whom fail to include the other spouse's name
353.19and Social Security number on the homestead application or provide the affidavits or
353.20other proof requested, will be deemed to have elected to receive only partial homestead
353.21treatment of their residence. The remainder of the residence will be classified as
353.22nonhomestead residential. When an owner or spouse's name and Social Security number
353.23appear on homestead applications for two separate residences and only one application is
353.24signed, the owner or spouse will be deemed to have elected to homestead the residence for
353.25which the application was signed.
353.26 The Social Security numbers, state or federal tax returns or tax return information,
353.27including the federal income tax schedule F required by this section, or affidavits or other
353.28proofs of the property owners and spouses submitted under this or another section to
353.29support a claim for a property tax homestead classification are private data on individuals as
353.30defined by section
13.02, subdivision 12, but, notwithstanding that section, the private data
353.31may be disclosed to the commissioner of revenue, or, for purposes of proceeding under the
353.32Revenue Recapture Act to recover personal property taxes owing, to the county treasurer.
353.33 (d) If residential real estate is occupied and used for purposes of a homestead by a
353.34relative of the owner and qualifies for a homestead under subdivision 1, paragraph (c), in
353.35order for the property to receive homestead status, a homestead application must be filed
353.36with the assessor. The Social Security number of each relative and spouse of a relative
354.1occupying the property shall be required on the homestead application filed under this
354.2subdivision. If a different relative of the owner subsequently occupies the property, the
354.3owner of the property must notify the assessor within 30 days of the change in occupancy.
354.4The Social Security number of a relative or relative's spouse occupying the property
354.5is private data on individuals as defined by section
13.02, subdivision 12, but may be
354.6disclosed to the commissioner of revenue, or, for the purposes of proceeding under the
354.7Revenue Recapture Act to recover personal property taxes owing, to the county treasurer.
354.8 (e) The homestead application shall also notify the property owners that
the
354.9application filed under this section will not be mailed annually and that if the property
354.10is granted homestead status for any assessment year, that same property shall remain
354.11classified as homestead until the property is sold or transferred to another person, or
354.12the owners, the spouse of the owner, or the relatives no longer use the property as their
354.13homestead. Upon the sale or transfer of the homestead property, a certificate of value must
354.14be timely filed with the county auditor as provided under section
272.115. Failure to
354.15notify the assessor within 30 days that the property has been sold, transferred, or that the
354.16owner, the spouse of the owner, or the relative is no longer occupying the property as a
354.17homestead, shall result in the penalty provided under this subdivision and the property
354.18will lose its current homestead status.
354.19 (f)
If the homestead application is not returned within 30 days, the county will send a
354.20second application to the present owners of record. The notice of proposed property taxes
354.21prepared under section
275.065, subdivision 3, shall reflect the property's classification. If
354.22a homestead application has not been filed with the county by December 15, the assessor
354.23shall classify the property as nonhomestead for the current assessment year for taxes
354.24payable in the following year, provided that the owner may be entitled to receive the
354.25homestead classification by proper application under section
375.192.
354.26 Subd. 13a. Occupant list. (g) At the request of the commissioner, each county
354.27must give the commissioner a list that includes the name and Social Security number
354.28of each occupant of homestead property who is the property owner, property owner's
354.29spouse, qualifying relative of a property owner, or a spouse of a qualifying relative. The
354.30commissioner shall use the information provided on the lists as appropriate under the law,
354.31including for the detection of improper claims by owners, or relatives of owners, under
354.32chapter 290A.
354.33 Subd. 13b. Improper homestead. (h) (a) If the commissioner finds that a
354.34property owner may be claiming a fraudulent homestead, the commissioner shall notify
354.35the appropriate counties. Within 90 days of the notification, the county assessor shall
354.36investigate to determine if the homestead classification was properly claimed. If the
355.1property owner does not qualify, the county assessor shall notify the county auditor who
355.2will determine the amount of homestead benefits that had been improperly allowed. For the
355.3purpose of this
section subdivision, "homestead benefits" means the tax reduction resulting
355.4from the classification as a homestead under section
273.13, the taconite homestead credit
355.5under section
273.135, the residential homestead and agricultural homestead credits under
355.6section
273.1384, and the supplemental homestead credit under section
273.1391.
355.7 The county auditor shall send a notice to the person who owned the affected property
355.8at the time the homestead application related to the improper homestead was filed,
355.9demanding reimbursement of the homestead benefits plus a penalty equal to 100 percent
355.10of the homestead benefits. The person notified may appeal the county's determination
355.11by serving copies of a petition for review with county officials as provided in section
355.12278.01
and filing proof of service as provided in section
278.01 with the Minnesota Tax
355.13Court within 60 days of the date of the notice from the county. Procedurally, the appeal
355.14is governed by the provisions in chapter 271 which apply to the appeal of a property tax
355.15assessment or levy, but without requiring any prepayment of the amount in controversy. If
355.16the amount of homestead benefits and penalty is not paid within 60 days, and if no appeal
355.17has been filed, the county auditor shall certify the amount of taxes and penalty to the county
355.18treasurer. The county treasurer will add interest to the unpaid homestead benefits and
355.19penalty amounts at the rate provided in section
279.03 for real property taxes becoming
355.20delinquent in the calendar year during which the amount remains unpaid. Interest may be
355.21assessed for the period beginning 60 days after demand for payment was made.
355.22 If the person notified is the current owner of the property, the treasurer may add the
355.23total amount of homestead benefits, penalty, interest, and costs to the ad valorem taxes
355.24otherwise payable on the property by including the amounts on the property tax statements
355.25under section
276.04, subdivision 3. The amounts added under this paragraph to the ad
355.26valorem taxes shall include interest accrued through December 31 of the year preceding
355.27the taxes payable year for which the amounts are first added. These amounts, when added
355.28to the property tax statement, become subject to all the laws for the enforcement of real or
355.29personal property taxes for that year, and for any subsequent year.
355.30 If the person notified is not the current owner of the property, the treasurer may
355.31collect the amounts due under the Revenue Recapture Act in chapter 270A, or use any of
355.32the powers granted in sections
277.20 and
277.21 without exclusion, to enforce payment
355.33of the homestead benefits, penalty, interest, and costs, as if those amounts were delinquent
355.34tax obligations of the person who owned the property at the time the application related to
355.35the improperly allowed homestead was filed. The treasurer may relieve a prior owner of
355.36personal liability for the homestead benefits, penalty, interest, and costs, and instead extend
356.1those amounts on the tax lists against the property as provided in this paragraph to the extent
356.2that the current owner agrees in writing. On all demands, billings, property tax statements,
356.3and related correspondence, the county must list and state separately the amounts of
356.4homestead benefits, penalty, interest and costs being demanded, billed or assessed.
356.5 (i) (b) Any amount of homestead benefits recovered by the county from the property
356.6owner shall be distributed to the county, city or town, and school district where the
356.7property is located in the same proportion that each taxing district's levy was to the total
356.8of the three taxing districts' levy for the current year. Any amount recovered attributable
356.9to taconite homestead credit shall be transmitted to the St. Louis County auditor to be
356.10deposited in the taconite property tax relief account. Any amount recovered that is
356.11attributable to supplemental homestead credit is to be transmitted to the commissioner of
356.12revenue for deposit in the general fund of the state treasury. The total amount of penalty
356.13collected must be deposited in the county general fund.
356.14 (j) (c) If a property owner has applied for more than one homestead and the county
356.15assessors cannot determine which property should be classified as homestead, the county
356.16assessors will refer the information to the commissioner. The commissioner shall make
356.17the determination and notify the counties within 60 days.
356.18 Subd. 13c. Property lists. (k) In addition to lists of homestead properties, the
356.19commissioner may ask the counties to furnish lists of all properties and the record owners.
356.20The Social Security numbers and federal identification numbers that are maintained by
356.21a county or city assessor for property tax administration purposes, and that may appear
356.22on the lists retain their classification as private or nonpublic data; but may be viewed,
356.23accessed, and used by the county auditor or treasurer of the same county for the limited
356.24purpose of assisting the commissioner in the preparation of microdata samples under
356.25section
270C.12.
The commissioner shall use the information provided on the lists as
356.26appropriate under the law, including for the detection of improper claims by owners, or
356.27relatives of owners, under chapter 290A.
356.28 Subd. 13d. Homestead data. (l) On or before April 30 each year beginning in 2007,
356.29each county must provide the commissioner with the following data for each parcel of
356.30homestead property by electronic means as defined in section
289A.02, subdivision 8:
356.31 (i) (1) the property identification number assigned to the parcel for purposes of
356.32taxes payable in the current year;
356.33 (ii) (2) the name and Social Security number of each occupant of homestead property
356.34who is the property owner, property owner's spouse, qualifying relative of a property
356.35owner, or spouse of a qualifying relative;
357.1 (iii) (3) the classification of the property under section
273.13 for taxes payable
357.2in the current year and in the prior year;
357.3 (iv) (4) an indication of whether the property was classified as a homestead for
357.4taxes payable in the current year because of occupancy by a relative of the owner or
357.5by a spouse of a relative;
357.6 (v) (5) the property taxes payable as defined in section
290A.03, subdivision 13, for
357.7the current year and the prior year;
357.8 (vi) (6) the market value of improvements to the property first assessed for tax
357.9purposes for taxes payable in the current year;
357.10 (vii) (7) the assessor's estimated market value assigned to the property for taxes
357.11payable in the current year and the prior year;
357.12 (viii) (8) the taxable market value assigned to the property for taxes payable in the
357.13current year and the prior year;
357.14 (ix) (9) whether there are delinquent property taxes owing on the homestead;
357.15 (x) (10) the unique taxing district in which the property is located; and
357.16 (xi) (11) such other information as the commissioner decides is necessary.
357.17 The commissioner shall use the information provided on the lists as appropriate
357.18under the law, including for the detection of improper claims by owners, or relatives
357.19of owners, under chapter 290A.
357.20EFFECTIVE DATE.This section is effective the day following final enactment.
357.21 Sec. 12.
[273.1245] CLASSIFICATION OF DATA.
357.22 Subdivision 1. Private or nonpublic data. The following data are private or
357.23nonpublic data as defined in 13.02, subdivisions 9 and 12, when they are submitted to a
357.24county or local assessor under section 273.124, 273.13, or another section, to support a
357.25claim for the property tax homestead classification under section 273.13, or other property
357.26tax classification or benefit that is provided under section 273.13:
357.27(1) Social Security numbers;
357.28(2) copies of state or federal income tax returns; and
357.29(3) state or federal income tax return information, including the federal income
357.30tax schedule F.
357.31 Subd. 2. Disclosure. The assessor shall disclose the data described in subdivision 1
357.32to the commissioner of revenue as provided by law. The assessor shall also disclose all or
357.33portions of the data described in subdivision 1 to the county treasurer solely for the purpose
357.34of proceeding under the Revenue Recapture Act to recover personal property taxes owing.
358.1EFFECTIVE DATE.This section is effective the day following final enactment.
358.2 Sec. 13. Minnesota Statutes 2012, section 273.13, subdivision 23, is amended to read:
358.3 Subd. 23.
Class 2. (a) An agricultural homestead consists of class 2a agricultural
358.4land that is homesteaded, along with any class 2b rural vacant land that is contiguous to
358.5the class 2a land under the same ownership. The market value of the house and garage
358.6and immediately surrounding one acre of land has the same class rates as class 1a or 1b
358.7property under subdivision 22. The value of the remaining land including improvements
358.8up to the first tier valuation limit of agricultural homestead property has a net class rate
358.9of 0.5 percent of market value. The remaining property over the first tier has a class rate
358.10of one percent of market value. For purposes of this subdivision, the "first tier valuation
358.11limit of agricultural homestead property" and "first tier" means the limit certified under
358.12section
273.11, subdivision 23.
358.13 (b) Class 2a agricultural land consists of parcels of property, or portions thereof, that
358.14are agricultural land and buildings. Class 2a property has a net class rate of one percent of
358.15market value, unless it is part of an agricultural homestead under paragraph (a). Class 2a
358.16property must also include any property that would otherwise be classified as 2b, but is
358.17interspersed with class 2a property, including but not limited to sloughs, wooded wind
358.18shelters, acreage abutting ditches, ravines, rock piles, land subject to a setback requirement,
358.19and other similar land that is impractical for the assessor to value separately from the rest of
358.20the property or that is unlikely to be able to be sold separately from the rest of the property.
358.21 An assessor may classify the part of a parcel described in this subdivision that is used
358.22for agricultural purposes as class 2a and the remainder in the class appropriate to its use.
358.23 (c) Class 2b rural vacant land consists of parcels of property, or portions thereof,
358.24that are unplatted real estate, rural in character and not used for agricultural purposes,
358.25including land used for growing trees for timber, lumber, and wood and wood products,
358.26that is not improved with a structure. The presence of a minor, ancillary nonresidential
358.27structure as defined by the commissioner of revenue does not disqualify the property from
358.28classification under this paragraph. Any parcel of 20 acres or more improved with a
358.29structure that is not a minor, ancillary nonresidential structure must be split-classified, and
358.30ten acres must be assigned to the split parcel containing the structure. Class 2b property
358.31has a net class rate of one percent of market value unless it is part of an agricultural
358.32homestead under paragraph (a), or qualifies as class 2c under paragraph (d).
358.33 (d) Class 2c managed forest land consists of no less than 20 and no more than 1,920
358.34acres statewide per taxpayer that is being managed under a forest management plan that
358.35meets the requirements of chapter 290C, but is not enrolled in the sustainable forest
359.1resource management incentive program. It has a class rate of .65 percent, provided that
359.2the owner of the property must apply to the assessor in order for the property to initially
359.3qualify for the reduced rate and provide the information required by the assessor to verify
359.4that the property qualifies for the reduced rate. If the assessor receives the application
359.5and information before May 1 in an assessment year, the property qualifies beginning
359.6with that assessment year. If the assessor receives the application and information after
359.7April 30 in an assessment year, the property may not qualify until the next assessment
359.8year. The commissioner of natural resources must concur that the land is qualified. The
359.9commissioner of natural resources shall annually provide county assessors verification
359.10information on a timely basis. The presence of a minor, ancillary nonresidential structure
359.11as defined by the commissioner of revenue does not disqualify the property from
359.12classification under this paragraph.
359.13 (e) Agricultural land as used in this section means
:
359.14 (1) contiguous acreage of ten acres or more, used during the preceding year for
359.15agricultural purposes
.; or
359.16 (2) contiguous acreage used during the preceding year for an intensive livestock or
359.17poultry confinement operation, provided that land used only for pasturing or grazing
359.18does not qualify under this clause.
359.19 "Agricultural purposes" as used in this section means the raising, cultivation, drying,
359.20or storage of agricultural products for sale, or the storage of machinery or equipment
359.21used in support of agricultural production by the same farm entity. For a property to be
359.22classified as agricultural based only on the drying or storage of agricultural products,
359.23the products being dried or stored must have been produced by the same farm entity as
359.24the entity operating the drying or storage facility. "Agricultural purposes" also includes
359.25enrollment in the Reinvest in Minnesota program under sections
103F.501 to
103F.535 or
359.26the federal Conservation Reserve Program as contained in Public Law 99-198 or a similar
359.27state or federal conservation program if the property was classified as agricultural (i)
359.28under this subdivision for
the assessment year 2002 taxes payable in 2003 because of its
359.29enrollment in a qualifying program and the land remains enrolled or (ii) in the year prior
359.30to its enrollment. Agricultural classification shall not be based upon the market value of
359.31any residential structures on the parcel or contiguous parcels under the same ownership.
359.32 "Contiguous acreage," for purposes of this paragraph, means all of, or a contiguous
359.33portion of, a tax parcel as described in section 272.193, or all of, or a contiguous portion
359.34of, a set of contiguous tax parcels under that section that are owned by the same person.
359.35 (f)
Real estate of Agricultural land under this section also includes:
360.1 (1) contiguous acreage that is less than ten acres
, which is in size and exclusively
or
360.2intensively used
in the preceding year for raising or cultivating agricultural products
, shall
360.3be considered as agricultural land. To qualify under this paragraph, property that includes
360.4a residential structure must be used intensively for one of the following purposes:; or
360.5 (2) contiguous acreage that contains a residence and is less than 11 acres in size, if
360.6the contiguous acreage exclusive of the house, garage, and surrounding one acre of land
360.7was used in the preceding year for one or more of the following three uses:
360.8 (i) for
an intensive grain drying or storage
of grain operation, or
for intensive
360.9machinery or equipment storage
of machinery or equipment activities used to support
360.10agricultural activities on other parcels of property operated by the same farming entity;
360.11 (ii) as a nursery, provided that only those acres used
intensively to produce nursery
360.12stock are considered agricultural land;
or
360.13 (iii) for livestock or poultry confinement, provided that land that is used only for
360.14pasturing and grazing does not qualify; or
360.15 (iv) (iii) for
intensive market farming; for purposes of this paragraph, "market
360.16farming" means the cultivation of one or more fruits or vegetables or production of animal
360.17or other agricultural products for sale to local markets by the farmer or an organization
360.18with which the farmer is affiliated.
360.19 "Contiguous acreage," for purposes of this paragraph, means all of a tax parcel as
360.20described in section 272.193, or all of a set of contiguous tax parcels under that section
360.21that are owned by the same person.
360.22 (g) Land shall be classified as agricultural even if all or a portion of the agricultural
360.23use of that property is the leasing to, or use by another person for agricultural purposes.
360.24 Classification under this subdivision is not determinative for qualifying under
360.25section
273.111.
360.26 (h) The property classification under this section supersedes, for property tax
360.27purposes only, any locally administered agricultural policies or land use restrictions that
360.28define minimum or maximum farm acreage.
360.29 (i) The term "agricultural products" as used in this subdivision includes production
360.30for sale of:
360.31 (1) livestock, dairy animals, dairy products, poultry and poultry products, fur-bearing
360.32animals, horticultural and nursery stock, fruit of all kinds, vegetables, forage, grains,
360.33bees, and apiary products by the owner;
360.34 (2) fish bred for sale and consumption if the fish breeding occurs on land zoned
360.35for agricultural use;
361.1 (3) the commercial boarding of horses, which may include related horse training and
361.2riding instruction, if the boarding is done on property that is also used for raising pasture
361.3to graze horses or raising or cultivating other agricultural products as defined in clause (1);
361.4 (4) property which is owned and operated by nonprofit organizations used for
361.5equestrian activities, excluding racing;
361.6 (5) game birds and waterfowl bred and raised (i) on a game farm licensed under
361.7section
97A.105, provided that the annual licensing report to the Department of Natural
361.8Resources, which must be submitted annually by March 30 to the assessor, indicates
361.9that at least 500 birds were raised or used for breeding stock on the property during the
361.10preceding year and that the owner provides a copy of the owner's most recent schedule F;
361.11or (ii) for use on a shooting preserve licensed under section
97A.115;
361.12 (6) insects primarily bred to be used as food for animals;
361.13 (7) trees, grown for sale as a crop, including short rotation woody crops, and not
361.14sold for timber, lumber, wood, or wood products; and
361.15 (8) maple syrup taken from trees grown by a person licensed by the Minnesota
361.16Department of Agriculture under chapter 28A as a food processor.
361.17 (j) If a parcel used for agricultural purposes is also used for commercial or industrial
361.18purposes, including but not limited to:
361.19 (1) wholesale and retail sales;
361.20 (2) processing of raw agricultural products or other goods;
361.21 (3) warehousing or storage of processed goods; and
361.22 (4) office facilities for the support of the activities enumerated in clauses (1), (2),
361.23and (3),
361.24the assessor shall classify the part of the parcel used for agricultural purposes as class
361.251b, 2a, or 2b, whichever is appropriate, and the remainder in the class appropriate to its
361.26use. The grading, sorting, and packaging of raw agricultural products for first sale is
361.27considered an agricultural purpose. A greenhouse or other building where horticultural
361.28or nursery products are grown that is also used for the conduct of retail sales must be
361.29classified as agricultural if it is primarily used for the growing of horticultural or nursery
361.30products from seed, cuttings, or roots and occasionally as a showroom for the retail sale of
361.31those products. Use of a greenhouse or building only for the display of already grown
361.32horticultural or nursery products does not qualify as an agricultural purpose.
361.33 (k) The assessor shall determine and list separately on the records the market value
361.34of the homestead dwelling and the one acre of land on which that dwelling is located. If
361.35any farm buildings or structures are located on this homesteaded acre of land, their market
361.36value shall not be included in this separate determination.
362.1 (l) Class 2d airport landing area consists of a landing area or public access area of
362.2a privately owned public use airport. It has a class rate of one percent of market value.
362.3To qualify for classification under this paragraph, a privately owned public use airport
362.4must be licensed as a public airport under section
360.018. For purposes of this paragraph,
362.5"landing area" means that part of a privately owned public use airport properly cleared,
362.6regularly maintained, and made available to the public for use by aircraft and includes
362.7runways, taxiways, aprons, and sites upon which are situated landing or navigational aids.
362.8A landing area also includes land underlying both the primary surface and the approach
362.9surfaces that comply with all of the following:
362.10 (i) the land is properly cleared and regularly maintained for the primary purposes of
362.11the landing, taking off, and taxiing of aircraft; but that portion of the land that contains
362.12facilities for servicing, repair, or maintenance of aircraft is not included as a landing area;
362.13 (ii) the land is part of the airport property; and
362.14 (iii) the land is not used for commercial or residential purposes.
362.15The land contained in a landing area under this paragraph must be described and certified
362.16by the commissioner of transportation. The certification is effective until it is modified,
362.17or until the airport or landing area no longer meets the requirements of this paragraph.
362.18For purposes of this paragraph, "public access area" means property used as an aircraft
362.19parking ramp, apron, or storage hangar, or an arrival and departure building in connection
362.20with the airport.
362.21 (m) Class 2e consists of land with a commercial aggregate deposit that is not actively
362.22being mined and is not otherwise classified as class 2a or 2b, provided that the land is not
362.23located in a county that has elected to opt-out of the aggregate preservation program as
362.24provided in section
273.1115, subdivision 6. It has a class rate of one percent of market
362.25value. To qualify for classification under this paragraph, the property must be at least
362.26ten contiguous acres in size and the owner of the property must record with the county
362.27recorder of the county in which the property is located an affidavit containing:
362.28 (1) a legal description of the property;
362.29 (2) a disclosure that the property contains a commercial aggregate deposit that is not
362.30actively being mined but is present on the entire parcel enrolled;
362.31 (3) documentation that the conditional use under the county or local zoning
362.32ordinance of this property is for mining; and
362.33 (4) documentation that a permit has been issued by the local unit of government
362.34or the mining activity is allowed under local ordinance. The disclosure must include a
362.35statement from a registered professional geologist, engineer, or soil scientist delineating
362.36the deposit and certifying that it is a commercial aggregate deposit.
363.1 For purposes of this section and section
273.1115, "commercial aggregate deposit"
363.2means a deposit that will yield crushed stone or sand and gravel that is suitable for use
363.3as a construction aggregate; and "actively mined" means the removal of top soil and
363.4overburden in preparation for excavation or excavation of a commercial deposit.
363.5 (n) When any portion of the property under this subdivision or subdivision 22 begins
363.6to be actively mined, the owner must file a supplemental affidavit within 60 days from
363.7the day any aggregate is removed stating the number of acres of the property that is
363.8actively being mined. The acres actively being mined must be (1) valued and classified
363.9under subdivision 24 in the next subsequent assessment year, and (2) removed from the
363.10aggregate resource preservation property tax program under section
273.1115, if the
363.11land was enrolled in that program. Copies of the original affidavit and all supplemental
363.12affidavits must be filed with the county assessor, the local zoning administrator, and the
363.13Department of Natural Resources, Division of Land and Minerals. A supplemental
363.14affidavit must be filed each time a subsequent portion of the property is actively mined,
363.15provided that the minimum acreage change is five acres, even if the actual mining activity
363.16constitutes less than five acres.
363.17(o) The definitions prescribed by the commissioner under paragraphs (c) and (d) are
363.18not rules and are exempt from the rulemaking provisions of chapter 14, and the provisions
363.19in section
14.386 concerning exempt rules do not apply.
363.20EFFECTIVE DATE.This section is effective for taxes payable in 2014 and
363.21thereafter.
363.22 Sec. 14. Minnesota Statutes 2012, section 273.13, subdivision 25, is amended to read:
363.23 Subd. 25.
Class 4. (a) Class 4a is residential real estate containing four or more
363.24units and used or held for use by the owner or by the tenants or lessees of the owner
363.25as a residence for rental periods of 30 days or more, excluding property qualifying for
363.26class 4d. Class 4a also includes hospitals licensed under sections
144.50 to
144.56, other
363.27than hospitals exempt under section
272.02, and contiguous property used for hospital
363.28purposes, without regard to whether the property has been platted or subdivided. The
363.29market value of class 4a property has a class rate of 1.25 percent.
363.30 (b) Class 4b includes:
363.31 (1) residential real estate containing less than four units that does not qualify as class
363.324bb, other than seasonal residential recreational property;
363.33 (2) manufactured homes not classified under any other provision;
363.34 (3) a dwelling, garage, and surrounding one acre of property on a nonhomestead
363.35farm classified under subdivision 23, paragraph (b) containing two or three units; and
364.1 (4) unimproved property that is classified residential as determined under subdivision
364.233.
364.3 The market value of class 4b property has a class rate of 1.25 percent.
364.4 (c) Class 4bb includes
:
364.5 (1) nonhomestead residential real estate containing one unit, other than seasonal
364.6residential recreational property; and
364.7 (2) a single family dwelling, garage, and surrounding one acre of property on a
364.8nonhomestead farm classified under subdivision 23, paragraph (b).
364.9 Class 4bb property has the same class rates as class 1a property under subdivision 22.
364.10 Property that has been classified as seasonal residential recreational property at
364.11any time during which it has been owned by the current owner or spouse of the current
364.12owner does not qualify for class 4bb.
364.13 (d) Class 4c property includes:
364.14 (1) except as provided in subdivision 22, paragraph (c), real and personal property
364.15devoted to commercial temporary and seasonal residential occupancy for recreation
364.16purposes, for not more than 250 days in the year preceding the year of assessment. For
364.17purposes of this clause, property is devoted to a commercial purpose on a specific day
364.18if any portion of the property is used for residential occupancy, and a fee is charged for
364.19residential occupancy. Class 4c property under this clause must contain three or more
364.20rental units. A "rental unit" is defined as a cabin, condominium, townhouse, sleeping room,
364.21or individual camping site equipped with water and electrical hookups for recreational
364.22vehicles. A camping pad offered for rent by a property that otherwise qualifies for class
364.234c under this clause is also class 4c under this clause regardless of the term of the rental
364.24agreement, as long as the use of the camping pad does not exceed 250 days. In order for a
364.25property to be classified under this clause, either (i) the business located on the property
364.26must provide recreational activities, at least 40 percent of the annual gross lodging receipts
364.27related to the property must be from business conducted during 90 consecutive days,
364.28and either (A) at least 60 percent of all paid bookings by lodging guests during the year
364.29must be for periods of at least two consecutive nights; or (B) at least 20 percent of the
364.30annual gross receipts must be from charges for providing recreational activities, or (ii) the
364.31business must contain 20 or fewer rental units, and must be located in a township or a city
364.32with a population of 2,500 or less located outside the metropolitan area, as defined under
364.33section
473.121, subdivision 2, that contains a portion of a state trail administered by the
364.34Department of Natural Resources. For purposes of item (i)(A), a paid booking of five or
364.35more nights shall be counted as two bookings. Class 4c property also includes commercial
364.36use real property used exclusively for recreational purposes in conjunction with other class
365.14c property classified under this clause and devoted to temporary and seasonal residential
365.2occupancy for recreational purposes, up to a total of two acres, provided the property is
365.3not devoted to commercial recreational use for more than 250 days in the year preceding
365.4the year of assessment and is located within two miles of the class 4c property with which
365.5it is used. In order for a property to qualify for classification under this clause, the owner
365.6must submit a declaration to the assessor designating the cabins or units occupied for 250
365.7days or less in the year preceding the year of assessment by January 15 of the assessment
365.8year. Those cabins or units and a proportionate share of the land on which they are located
365.9must be designated class 4c under this clause as otherwise provided. The remainder of the
365.10cabins or units and a proportionate share of the land on which they are located will be
365.11designated as class 3a. The owner of property desiring designation as class 4c property
365.12under this clause must provide guest registers or other records demonstrating that the units
365.13for which class 4c designation is sought were not occupied for more than 250 days in the
365.14year preceding the assessment if so requested. The portion of a property operated as a
365.15(1) restaurant, (2) bar, (3) gift shop, (4) conference center or meeting room, and (5) other
365.16nonresidential facility operated on a commercial basis not directly related to temporary and
365.17seasonal residential occupancy for recreation purposes does not qualify for class 4c. For
365.18the purposes of this paragraph, "recreational activities" means renting ice fishing houses,
365.19boats and motors, snowmobiles, downhill or cross-country ski equipment; providing
365.20marina services, launch services, or guide services; or selling bait and fishing tackle;
365.21 (2) qualified property used as a golf course if:
365.22 (i) it is open to the public on a daily fee basis. It may charge membership fees or
365.23dues, but a membership fee may not be required in order to use the property for golfing,
365.24and its green fees for golfing must be comparable to green fees typically charged by
365.25municipal courses; and
365.26 (ii) it meets the requirements of section
273.112, subdivision 3, paragraph (d).
365.27 A structure used as a clubhouse, restaurant, or place of refreshment in conjunction
365.28with the golf course is classified as class 3a property;
365.29 (3) real property up to a maximum of three acres of land owned and used by a
365.30nonprofit community service oriented organization and not used for residential purposes
365.31on either a temporary or permanent basis, provided that:
365.32 (i) the property is not used for a revenue-producing activity for more than six days
365.33in the calendar year preceding the year of assessment; or
365.34 (ii) the organization makes annual charitable contributions and donations at least
365.35equal to the property's previous year's property taxes and the property is allowed to be
366.1used for public and community meetings or events for no charge, as appropriate to the
366.2size of the facility.
366.3 For purposes of this clause:
366.4 (A) "charitable contributions and donations" has the same meaning as lawful
366.5gambling purposes under section
349.12, subdivision 25, excluding those purposes
366.6relating to the payment of taxes, assessments, fees, auditing costs, and utility payments;
366.7 (B) "property taxes" excludes the state general tax;
366.8 (C) a "nonprofit community service oriented organization" means any corporation,
366.9society, association, foundation, or institution organized and operated exclusively for
366.10charitable, religious, fraternal, civic, or educational purposes, and which is exempt from
366.11federal income taxation pursuant to section 501(c)(3), (8), (10), or (19) of the Internal
366.12Revenue Code; and
366.13 (D) "revenue-producing activities" shall include but not be limited to property or that
366.14portion of the property that is used as an on-sale intoxicating liquor or 3.2 percent malt
366.15liquor establishment licensed under chapter 340A, a restaurant open to the public, bowling
366.16alley, a retail store, gambling conducted by organizations licensed under chapter 349, an
366.17insurance business, or office or other space leased or rented to a lessee who conducts a
366.18for-profit enterprise on the premises.
366.19Any portion of the property not qualifying under either item (i) or (ii) is class 3a. The use
366.20of the property for social events open exclusively to members and their guests for periods
366.21of less than 24 hours, when an admission is not charged nor any revenues are received by
366.22the organization shall not be considered a revenue-producing activity.
366.23 The organization shall maintain records of its charitable contributions and donations
366.24and of public meetings and events held on the property and make them available upon
366.25request any time to the assessor to ensure eligibility. An organization meeting the
366.26requirement under item (ii) must file an application by May 1 with the assessor for
366.27eligibility for the current year's assessment. The commissioner shall prescribe a uniform
366.28application form and instructions;
366.29 (4) postsecondary student housing of not more than one acre of land that is owned by
366.30a nonprofit corporation organized under chapter 317A and is used exclusively by a student
366.31cooperative, sorority, or fraternity for on-campus housing or housing located within two
366.32miles of the border of a college campus;
366.33 (5)(i) manufactured home parks as defined in section
327.14, subdivision 3,
366.34excluding manufactured home parks described in section
273.124, subdivision 3a, and (ii)
366.35manufactured home parks as defined in section
327.14, subdivision 3, that are described in
366.36section
273.124, subdivision 3a;
367.1 (6) real property that is actively and exclusively devoted to indoor fitness, health,
367.2social, recreational, and related uses, is owned and operated by a not-for-profit corporation,
367.3and is located within the metropolitan area as defined in section
473.121, subdivision 2;
367.4 (7) a leased or privately owned noncommercial aircraft storage hangar not exempt
367.5under section
272.01, subdivision 2, and the land on which it is located, provided that:
367.6 (i) the land is on an airport owned or operated by a city, town, county, Metropolitan
367.7Airports Commission, or group thereof; and
367.8 (ii) the land lease, or any ordinance or signed agreement restricting the use of the
367.9leased premise, prohibits commercial activity performed at the hangar.
367.10 If a hangar classified under this clause is sold after June 30, 2000, a bill of sale must
367.11be filed by the new owner with the assessor of the county where the property is located
367.12within 60 days of the sale;
367.13 (8) a privately owned noncommercial aircraft storage hangar not exempt under
367.14section
272.01, subdivision 2, and the land on which it is located, provided that:
367.15 (i) the land abuts a public airport; and
367.16 (ii) the owner of the aircraft storage hangar provides the assessor with a signed
367.17agreement restricting the use of the premises, prohibiting commercial use or activity
367.18performed at the hangar; and
367.19 (9) residential real estate, a portion of which is used by the owner for homestead
367.20purposes, and that is also a place of lodging, if all of the following criteria are met:
367.21 (i) rooms are provided for rent to transient guests that generally stay for periods
367.22of 14 or fewer days;
367.23 (ii) meals are provided to persons who rent rooms, the cost of which is incorporated
367.24in the basic room rate;
367.25 (iii) meals are not provided to the general public except for special events on fewer
367.26than seven days in the calendar year preceding the year of the assessment; and
367.27 (iv) the owner is the operator of the property.
367.28The market value subject to the 4c classification under this clause is limited to five rental
367.29units. Any rental units on the property in excess of five, must be valued and assessed as
367.30class 3a. The portion of the property used for purposes of a homestead by the owner must
367.31be classified as class 1a property under subdivision 22;
367.32 (10) real property up to a maximum of three acres and operated as a restaurant
367.33as defined under section
157.15, subdivision 12, provided it: (A) is located on a lake
367.34as defined under section
103G.005, subdivision 15, paragraph (a), clause (3); and (B)
367.35is either devoted to commercial purposes for not more than 250 consecutive days, or
367.36receives at least 60 percent of its annual gross receipts from business conducted during
368.1four consecutive months. Gross receipts from the sale of alcoholic beverages must be
368.2included in determining the property's qualification under subitem (B). The property's
368.3primary business must be as a restaurant and not as a bar. Gross receipts from gift shop
368.4sales located on the premises must be excluded. Owners of real property desiring 4c
368.5classification under this clause must submit an annual declaration to the assessor by
368.6February 1 of the current assessment year, based on the property's relevant information for
368.7the preceding assessment year;
368.8(11) lakeshore and riparian property and adjacent land, not to exceed six acres, used
368.9as a marina, as defined in section
86A.20, subdivision 5, which is made accessible to
368.10the public and devoted to recreational use for marina services. The marina owner must
368.11annually provide evidence to the assessor that it provides services, including lake or river
368.12access to the public by means of an access ramp or other facility that is either located on
368.13the property of the marina or at a publicly owned site that abuts the property of the marina.
368.14No more than 800 feet of lakeshore may be included in this classification. Buildings used
368.15in conjunction with a marina for marina services, including but not limited to buildings
368.16used to provide food and beverage services, fuel, boat repairs, or the sale of bait or fishing
368.17tackle, are classified as class 3a property; and
368.18(12) real and personal property devoted to noncommercial temporary and seasonal
368.19residential occupancy for recreation purposes.
368.20 Class 4c property has a class rate of 1.5 percent of market value, except that (i) each
368.21parcel of noncommercial seasonal residential recreational property under clause (12)
368.22has the same class rates as class 4bb property, (ii) manufactured home parks assessed
368.23under clause (5), item (i), have the same class rate as class 4b property, and the market
368.24value of manufactured home parks assessed under clause (5), item (ii), has the same class
368.25rate as class 4d property if more than 50 percent of the lots in the park are occupied by
368.26shareholders in the cooperative corporation or association and a class rate of one percent if
368.2750 percent or less of the lots are so occupied, (iii) commercial-use seasonal residential
368.28recreational property and marina recreational land as described in clause (11), has a
368.29class rate of one percent for the first $500,000 of market value, and 1.25 percent for the
368.30remaining market value, (iv) the market value of property described in clause (4) has a
368.31class rate of one percent, (v) the market value of property described in clauses (2), (6), and
368.32(10) has a class rate of 1.25 percent, and (vi) that portion of the market value of property
368.33in clause (9) qualifying for class 4c property has a class rate of 1.25 percent.
368.34 (e) Class 4d property is qualifying low-income rental housing certified to the assessor
368.35by the Housing Finance Agency under section
273.128, subdivision 3. If only a portion
368.36of the units in the building qualify as low-income rental housing units as certified under
369.1section
273.128, subdivision 3, only the proportion of qualifying units to the total number
369.2of units in the building qualify for class 4d. The remaining portion of the building shall be
369.3classified by the assessor based upon its use. Class 4d also includes the same proportion of
369.4land as the qualifying low-income rental housing units are to the total units in the building.
369.5For all properties qualifying as class 4d, the market value determined by the assessor must
369.6be based on the normal approach to value using normal unrestricted rents.
369.7 Class 4d property has a class rate of 0.75 percent.
369.8EFFECTIVE DATE.This section is effective for taxes payable in 2014 and
369.9thereafter.
369.10 Sec. 15. Minnesota Statutes 2012, section 273.1315, subdivision 1, is amended to read:
369.11 Subdivision 1.
Class 1b homestead declaration before 2009. Any property owner
369.12seeking classification and assessment of the owner's homestead as class 1b property
369.13pursuant to section
273.13, subdivision 22, paragraph (b), on or before October 1, 2008,
369.14shall file with the commissioner of revenue a 1b homestead declaration, on a form
369.15prescribed by the commissioner. The declaration shall contain the following information:
369.16 (a) (1) the information necessary to verify that on or before June 30 of the filing year,
369.17the property owner or the owner's spouse satisfies the requirements of section
273.13,
369.18subdivision 22
, paragraph (b), for 1b classification; and
369.19 (b) (2) any additional information prescribed by the commissioner.
369.20 The declaration must be filed on or before October 1 to be effective for property
369.21taxes payable during the succeeding calendar year. The declaration and any supplementary
369.22information received from the property owner pursuant to this subdivision shall be subject
369.23to chapter 270B. If approved by the commissioner, the declaration remains in effect until
369.24the property no longer qualifies under section
273.13, subdivision 22, paragraph (b).
369.25Failure to notify the commissioner within 30 days that the property no longer qualifies
369.26under that paragraph because of a sale, change in occupancy, or change in the status
369.27or condition of an occupant shall result in the penalty provided in section
273.124,
369.28subdivision 13
13b, computed on the basis of the class 1b benefits for the property, and
369.29the property shall lose its current class 1b classification.
369.30 The commissioner shall provide to the assessor on or before November 1 a listing
369.31of the parcels of property qualifying for 1b classification.
369.32EFFECTIVE DATE.This section is effective the day following final enactment.
369.33 Sec. 16. Minnesota Statutes 2012, section 273.1315, subdivision 2, is amended to read:
370.1 Subd. 2.
Class 1b homestead declaration 2009 and thereafter. (a) Any property
370.2owner seeking classification and assessment of the owner's homestead as class 1b property
370.3pursuant to section
273.13, subdivision 22, paragraph (b), after October 1, 2008, shall file
370.4with the county assessor a class 1b homestead declaration, on a form prescribed by the
370.5commissioner of revenue. The declaration must contain the following information:
370.6 (1) the information necessary to verify that, on or before June 30 of the filing year,
370.7the property owner or the owner's spouse satisfies the requirements of section
273.13,
370.8subdivision 22, paragraph (b), for class 1b classification; and
370.9 (2) any additional information prescribed by the commissioner.
370.10 (b) The declaration must be filed on or before October 1 to be effective for property
370.11taxes payable during the succeeding calendar year. The Social Security numbers and
370.12income and medical information received from the property owner pursuant to this
370.13subdivision are private data on individuals as defined in section
13.02. If approved by
370.14the assessor, the declaration remains in effect until the property no longer qualifies under
370.15section
273.13, subdivision 22, paragraph (b). Failure to notify the assessor within 30
370.16days that the property no longer qualifies under that paragraph because of a sale, change in
370.17occupancy, or change in the status or condition of an occupant shall result in the penalty
370.18provided in section
273.124, subdivision 13 13b, computed on the basis of the class 1b
370.19benefits for the property, and the property shall lose its current class 1b classification.
370.20EFFECTIVE DATE.This section is effective the day following final enactment.
370.21 Sec. 17. Minnesota Statutes 2012, section 273.19, subdivision 1, is amended to read:
370.22 Subdivision 1.
Tax-exempt property; lease. Except as provided in subdivision 3 or
370.234, tax-exempt property held under a lease for a term of at least one year, and not taxable
370.24under section
272.01, subdivision 2, or under a contract for the purchase thereof, shall be
370.25considered, for all purposes of taxation, as the property of the person holding it. In this
370.26subdivision, "tax-exempt property" means property owned by the United States, the state
370.27 or any of its political subdivisions, a school, or any religious, scientific, or benevolent
370.28society or institution, incorporated or unincorporated, or any corporation whose property
370.29is not taxed in the same manner as other property. This subdivision does not apply to
370.30property exempt from taxation under section
272.01, subdivision 2, paragraph (b), clauses
370.31(2), (3), and (4), or to property exempt from taxation under section
272.0213.
370.32EFFECTIVE DATE.This section is effective the day following final enactment.
370.33 Sec. 18. Minnesota Statutes 2012, section 273.372, subdivision 4, is amended to read:
371.1 Subd. 4.
Administrative appeals. (a) Companies that submit the reports under
371.2section
270.82 or
273.371 by the date specified in that section, or by the date specified by
371.3the commissioner in an extension, may appeal administratively to the commissioner prior
371.4to bringing an action in court
by submitting.
371.5(b) Companies that must submit reports under section 270.82 must submit a written
371.6request
with to the commissioner for a conference within ten days after the date of the
371.7commissioner's valuation certification or notice to the company, or by
May June 15,
371.8whichever is earlier.
371.9(c) Companies that submit reports under section 273.371 must submit a written
371.10request to the commissioner for a conference within ten days after the date of the
371.11commissioner's valuation certification or notice to the company, or by July 1, whichever
371.12is earlier.
371.13(d) The commissioner shall conduct the conference upon the commissioner's entire
371.14files and records and such further information as may be offered. The conference must
371.15be held no later than 20 days after the date of the commissioner's valuation certification
371.16or notice to the company, or by the date specified by the commissioner in an extension.
371.17Within 60 days after the conference the commissioner shall make a final determination of
371.18the matter and shall notify the company promptly of the determination. The conference
371.19is not a contested case hearing.
371.20(b) (e) In addition to the opportunity for a conference under paragraph (a), the
371.21commissioner shall also provide the railroad and utility companies the opportunity to
371.22discuss any questions or concerns relating to the values established by the commissioner
371.23through certification or notice in a less formal manner. This does not change or modify
371.24the deadline for requesting a conference under paragraph (a), the deadline in section
371.25271.06
for appealing an order of the commissioner, or the deadline in section
278.01 for
371.26appealing property taxes in court.
371.27EFFECTIVE DATE.This section is effective beginning with assessment year 2014.
371.28 Sec. 19. Minnesota Statutes 2012, section 273.39, is amended to read:
371.29273.39 RURAL AREA.
371.30As used in sections
273.39 to
273.41, the term "rural area" shall be deemed to mean
371.31any area of the state not included within the boundaries of any
incorporated statutory
371.32city or home rule charter city, and such term shall be deemed to include both farm and
371.33nonfarm population thereof.
371.34EFFECTIVE DATE.This section is effective the day following final enactment.
372.1 Sec. 20. Minnesota Statutes 2012, section 279.06, subdivision 1, is amended to read:
372.2 Subdivision 1.
List and notice. Within five days after the filing of such list, the
372.3court administrator shall return a copy thereof to the county auditor, with a notice prepared
372.4and signed by the court administrator, and attached thereto, which may be substantially in
372.5the following form:
372.6
|
State of Minnesota
|
)
|
|
|
372.7
|
|
) ss.
|
|
|
372.8
|
County of
.....
|
)
|
|
|
372.9
|
|
|
|
District Court
|
372.10
|
|
|
|
.....
Judicial District.
|
372.11The state of Minnesota, to all persons, companies, or corporations who have or claim
372.12any estate, right, title, or interest in, claim to, or lien upon, any of the several parcels of
372.13land described in the list hereto attached:
372.14The list of taxes and penalties on real property for the county of ...............................
372.15remaining delinquent on the first Monday in January, ......., has been filed in the office of
372.16the court administrator of the district court of said county, of which that hereto attached is a
372.17copy. Therefore, you, and each of you, are hereby required to file in the office of said court
372.18administrator, on or before the 20th day after the publication of this notice and list, your
372.19answer, in writing, setting forth any objection or defense you may have to the taxes, or any
372.20part thereof, upon any parcel of land described in the list, in, to, or on which you have or
372.21claim any estate, right, title, interest, claim, or lien, and, in default thereof, judgment will
372.22be entered against such parcel of land for the taxes on such list appearing against it, and
372.23for all penalties, interest, and costs. Based upon said judgment, the land shall be sold to
372.24the state of Minnesota on the second Monday in May, .......
The period of redemption for
372.25all lands sold to the state at a tax judgment sale shall be three years from the date of sale to
372.26the state of Minnesota if the land is within an incorporated area unless it is:
372.27(a) nonagricultural homesteaded land as defined in section
273.13, subdivision 22;
372.28(b) homesteaded agricultural land as defined in section
273.13, subdivision 23,
372.29paragraph (a);
372.30(c) seasonal residential recreational land as defined in section
273.13, subdivisions
372.3122, paragraph (c)
, and 25, paragraph (d), clause (1), in which event the period of
372.32redemption is five years from the date of sale to the state of Minnesota;
372.33(d) abandoned property and pursuant to section
281.173 a court order has been
372.34entered shortening the redemption period to five weeks; or
372.35(e) vacant property as described under section
281.174, subdivision 2, and for which
372.36a court order is entered shortening the redemption period under section
281.174.
373.1The period of redemption for all other lands sold to the state at a tax judgment sale
373.2shall be five years from the date of sale.
373.3Inquiries as to the proceedings set forth above can be made to the county auditor of
373.4..... county whose address is ......
373.5
|
|
(Signed)
.....
,
|
373.6
373.7
|
|
Court Administrator of the District Court of the
County of
.....
|
373.8
|
|
(Here insert list.)
|
373.9The notice must contain a narrative description of the various periods to redeem
373.10specified in sections 281.17, 281.173, and 281.174, in the manner prescribed by the
373.11commissioner of revenue under subdivision 2.
373.12The list referred to in the notice shall be substantially in the following form:
373.13List of real property for the county of ......................., on which taxes remain
373.14delinquent on the first Monday in January, .......
373.15Town of (Fairfield),
373.16Township (40), Range (20),
373.17
373.18
373.19
373.20
373.21
373.22
373.23
373.24
|
Names (and Current
Filed Addresses) for
the Taxpayers and Fee
Owners and in Addition
Those Parties Who Have
Filed Their Addresses
Pursuant to section
276.041
|
Subdivision of
Section
|
Section
|
Tax Parcel
Number
|
Total Tax
and Penalty
|
373.25
|
|
|
|
|
$ cts.
|
|
|
|
|
|
|
373.26
373.27
|
John Jones (825 Fremont
Fairfield, MN 55000)
|
S.E. 1/4 of S.W. 1/4
|
10
|
23101
|
2.20
|
|
|
|
|
|
|
373.28
373.29
373.30
373.31
373.32
373.33
373.34
373.35
373.36
373.37
373.38
373.39
373.40
373.41
373.42
373.43
373.44
373.45
373.46
|
Bruce Smith (2059 Hand
Fairfield, MN 55000)
and Fairfield State
Bank (100 Main Street
Fairfield, MN 55000)
|
That part of N.E. 1/4
of S.W. 1/4 desc. as
follows: Beg. at the
S.E. corner of said N.E.
1/4 of S.W. 1/4; thence
N. along the E. line of
said N.E. 1/4 of S.W.
1/4 a distance of 600
ft.; thence W. parallel
with the S. line of said
N.E. 1/4 of S.W. 1/4
a distance of 600 ft.;
thence S. parallel with
said E. line a distance of
600 ft. to S. line of said
N.E. 1/4 of S.W. 1/4;
thence E. along said S.
line a distance of 600 ft.
to the point of beg.
|
21
|
33211
|
3.15
|
374.1As to platted property, the form of heading shall conform to circumstances and be
374.2substantially in the following form:
374.4Brown's Addition, or Subdivision
374.5
374.6
374.7
374.8
374.9
374.10
374.11
374.12
|
Names (and Current
Filed Addresses) for
the Taxpayers and Fee
Owners and in Addition
Those Parties Who Have
Filed Their Addresses
Pursuant to section
276.041
|
Lot
|
Block
|
Tax Parcel
Number
|
Total Tax
and Penalty
|
374.13
|
|
|
|
|
$ cts.
|
|
|
|
|
|
|
374.14
374.15
|
John Jones (825 Fremont
Fairfield, MN 55000)
|
15
|
9
|
58243
|
2.20
|
374.16
374.17
374.18
374.19
374.20
|
Bruce Smith (2059 Hand
Fairfield, MN 55000)
and Fairfield State
Bank (100 Main Street
Fairfield, MN 55000)
|
16
|
9
|
58244
|
3.15
|
374.21The names, descriptions, and figures employed in parentheses in the above forms are
374.22merely for purposes of illustration.
374.23The name of the town, township, range or city, and addition or subdivision, as the
374.24case may be, shall be repeated at the head of each column of the printed lists as brought
374.25forward from the preceding column.
374.26Errors in the list shall not be deemed to be a material defect to affect the validity
374.27of the judgment and sale.
374.28EFFECTIVE DATE.This section is effective for lists and notices required after
374.29December 31, 2013.
374.30 Sec. 21. Minnesota Statutes 2012, section 290A.25, is amended to read:
374.31290A.25 VERIFICATION OF SOCIAL SECURITY NUMBERS.
374.32Annually, the commissioner of revenue shall furnish a list to the county assessor
374.33containing the names and Social Security numbers of persons who have applied for both
374.34homestead classification under section
273.13 and a property tax refund as a renter
374.35under this chapter.
374.36Within 90 days of the notification, the county assessor shall investigate to determine
374.37if the homestead classification was improperly claimed. If the property owner does
374.38not qualify, the county assessor shall notify the county auditor who will determine the
374.39amount of homestead benefits that has been improperly allowed. For the purpose of this
375.1section, "homestead benefits" has the meaning given in section
273.124, subdivision 13,
375.2paragraph (h) 13b. The county auditor shall send a notice to persons who owned the
375.3affected property at the time the homestead application related to the improper homestead
375.4was filed, demanding reimbursement of the homestead benefits plus a penalty equal to
375.5100 percent of the homestead benefits. The person notified may appeal the county's
375.6determination with the Minnesota Tax Court within 60 days of the date of the notice from
375.7the county as provided in section
273.124, subdivision 13, paragraph (h) 13b.
375.8If the amount of homestead benefits and penalty is not paid within 60 days, and if
375.9no appeal has been filed, the county auditor shall certify the amount of taxes and penalty
375.10to the county treasurer. The county treasurer will add interest to the unpaid homestead
375.11benefits and penalty amounts at the rate provided for delinquent personal property taxes
375.12for the period beginning 60 days after demand for payment was made until payment. If
375.13the person notified is the current owner of the property, the treasurer may add the total
375.14amount of benefits, penalty, interest, and costs to the real estate taxes otherwise payable on
375.15the property in the following year. If the person notified is not the current owner of the
375.16property, the treasurer may collect the amounts due under the Revenue Recapture Act in
375.17chapter 270A, or use any of the powers granted in sections
277.20 and
277.21 without
375.18exclusion, to enforce payment of the benefits, penalty, interest, and costs, as if those
375.19amounts were delinquent tax obligations of the person who owned the property at the time
375.20the application related to the improperly allowed homestead was filed. The treasurer may
375.21relieve a prior owner of personal liability for the benefits, penalty, interest, and costs, and
375.22instead extend those amounts on the tax lists against the property for taxes payable in the
375.23following year to the extent that the current owner agrees in writing.
375.24Any amount of homestead benefits recovered by the county from the property owner
375.25shall be distributed to the county, city or town, and school district where the property is
375.26located in the same proportion that each taxing district's levy was to the total of the three
375.27taxing districts' levy for the current year. Any amount recovered attributable to taconite
375.28homestead credit shall be transmitted to the St. Louis County auditor to be deposited in
375.29the taconite property tax relief account. Any amount recovered that is attributable to
375.30supplemental homestead credit is to be transmitted to the commissioner of revenue for
375.31deposit in the general fund of the state treasury. The total amount of penalty collected
375.32must be deposited in the county general fund.
375.33EFFECTIVE DATE.This section is effective the day following final enactment.
375.34 Sec. 22. Minnesota Statutes 2012, section 290B.04, subdivision 2, is amended to read:
376.1 Subd. 2.
Approval; recording. The commissioner shall approve all initial
376.2applications that qualify under this chapter and shall notify qualifying homeowners on or
376.3before December 1. The commissioner may investigate the facts or require confirmation
376.4in regard to an application. The commissioner shall record or file a notice of qualification
376.5for deferral, including the names of the qualifying homeowners and a legal description
376.6of the property, in the office of the county recorder, or registrar of titles, whichever is
376.7applicable, in the county where the qualifying property is located. The notice must state
376.8that it serves as a notice of lien and that it includes deferrals under this section for future
376.9years.
The commissioner shall prescribe the form of the notice. Execution of the notice
376.10by the original or facsimile signature of the commissioner or a delegate entitles them to
376.11be recorded, and no other attestation, certification, or acknowledgment is necessary. The
376.12homeowner shall pay the recording or filing fees for the notice, which, notwithstanding
376.13section
357.18, shall be paid by the homeowner at the time of satisfaction of the lien.
376.14EFFECTIVE DATE.This section is effective for notices that are both executed
376.15and recorded after June 30, 2013.
376.16 Sec. 23. Minnesota Statutes 2012, section 298.01, subdivision 3, is amended to read:
376.17 Subd. 3.
Occupation tax; other ores. Every person engaged in the business of
376.18mining, refining, or producing ores, metals, or minerals in this state, except iron ore or
376.19taconite concentrates, shall pay an occupation tax to the state of Minnesota as provided
376.20in this subdivision. For purposes of this subdivision, mining includes the application of
376.21hydrometallurgical processes.
Hydrometallurgical processes are processes that extract
376.22the ores, metals, or minerals, by use of aqueous solutions that leach, concentrate, and
376.23recover the ore, metal, or mineral. The tax is determined in the same manner as the tax
376.24imposed by section
290.02, except that sections
290.05, subdivision 1, clause (a),
290.17,
376.25subdivision 4
, and
290.191, subdivision 2, do not apply, and the occupation tax must
376.26be computed by applying to taxable income the rate of 2.45 percent. A person subject
376.27to occupation tax under this section shall apportion its net income on the basis of the
376.28percentage obtained by taking the sum of:
376.29(1) 75 percent of the percentage which the sales made within this state in connection
376.30with the trade or business during the tax period are of the total sales wherever made in
376.31connection with the trade or business during the tax period;
376.32(2) 12.5 percent of the percentage which the total tangible property used by the
376.33taxpayer in this state in connection with the trade or business during the tax period is of
376.34the total tangible property, wherever located, used by the taxpayer in connection with the
376.35trade or business during the tax period; and
377.1(3) 12.5 percent of the percentage which the taxpayer's total payrolls paid or incurred
377.2in this state or paid in respect to labor performed in this state in connection with the trade
377.3or business during the tax period are of the taxpayer's total payrolls paid or incurred in
377.4connection with the trade or business during the tax period.
377.5The tax is in addition to all other taxes.
377.6EFFECTIVE DATE.This section is effective the day following final enactment.
377.7 Sec. 24. Minnesota Statutes 2012, section 298.018, is amended to read:
377.8298.018 DISTRIBUTION OF PROCEEDS.
377.9 Subdivision 1.
Within taconite assistance area. The proceeds of the tax paid
377.10under sections
298.015 and
298.016 on
ores, metals, or minerals
and energy resources
377.11 mined or extracted within the taconite assistance area defined in section
273.1341, shall
377.12be allocated as follows:
377.13(1) five percent to the city or town within which the minerals or energy resources
377.14are mined or extracted;
377.15(2) ten percent to the taconite municipal aid account to be distributed as provided
377.16in section
298.282;
377.17(3) ten percent to the school district within which the minerals or energy resources
377.18are mined or extracted;
377.19(4) 20 percent to a group of school districts comprised of those school districts
377.20wherein the mineral or energy resource was mined or extracted or in which there is a
377.21qualifying municipality as defined by section
273.134, paragraph (b), in direct proportion
377.22to school district indexes as follows: for each school district, its pupil units determined
377.23under section
126C.05 for the prior school year shall be multiplied by the ratio of the
377.24average adjusted net tax capacity per pupil unit for school districts receiving aid under
377.25this clause as calculated pursuant to chapters 122A, 126C, and 127A for the school year
377.26ending prior to distribution to the adjusted net tax capacity per pupil unit of the district.
377.27Each district shall receive that portion of the distribution which its index bears to the sum
377.28of the indices for all school districts that receive the distributions;
377.29(5) 20 percent to the county within which the minerals or energy resources are
377.30mined or extracted;
377.31(6) 20 percent to St. Louis County acting as the counties' fiscal agent to be
377.32distributed as provided in sections
273.134 to
273.136;
377.33(7) five percent to the Iron Range Resources and Rehabilitation Board for the
377.34purposes of section
298.22;
378.1(8) five percent to the Douglas J. Johnson economic protection trust fund; and
378.2(9) five percent to the taconite environmental protection fund.
378.3The proceeds of the tax shall be distributed on July 15 each year.
378.4 Subd. 2.
Outside taconite assistance area. The proceeds of the tax paid under
378.5sections
298.015 and
298.016 on
ores, metals, or minerals
and energy resources mined
378.6or extracted outside of the taconite assistance area defined in section
273.1341, shall
378.7be deposited in the general fund.
378.8EFFECTIVE DATE.This section is effective the day following final enactment.
378.9 Sec. 25. Minnesota Statutes 2012, section 373.01, subdivision 1, is amended to read:
378.10 Subdivision 1.
Public corporation; listed powers. (a) Each county is a body politic
378.11and corporate and may:
378.12 (1) Sue and be sued.
378.13 (2) Acquire and hold real and personal property for the use of the county, and lands
378.14sold for taxes as provided by law.
378.15 (3) Purchase and hold for the benefit of the county real estate sold by virtue of
378.16judicial proceedings, to which the county is a party.
378.17 (4) Sell, lease, and convey real or personal estate owned by the county, and give
378.18contracts or options to sell, lease, or convey it, and make orders respecting it as deemed
378.19conducive to the interests of the county's inhabitants.
378.20 (5) Make all contracts and do all other acts in relation to the property and concerns
378.21of the county necessary to the exercise of its corporate powers.
378.22 (b) No sale, lease, or conveyance of real estate owned by the county, except the lease
378.23of a residence acquired for the furtherance of an approved capital improvement project, nor
378.24any contract or option for it, shall be valid, without first advertising for bids or proposals in
378.25the official newspaper of the county for three consecutive weeks and once in a newspaper
378.26of general circulation in the area where the property is located. The notice shall state the
378.27time and place of considering the proposals, contain a legal description of any real estate,
378.28and a brief description of any personal property. Leases that do not exceed $15,000 for any
378.29one year may be negotiated and are not subject to the competitive bid procedures of this
378.30section. All proposals estimated to exceed $15,000 in any one year shall be considered at
378.31the time set for the bid opening, and the one most favorable to the county accepted, but the
378.32county board may, in the interest of the county, reject any or all proposals.
378.33 (c) Sales of personal property the value of which is estimated to be $15,000 or
378.34more shall be made only after advertising for bids or proposals in the county's official
378.35newspaper, on the county's Web site, or in a recognized industry trade journal. At the same
379.1time it posts on its Web site or publishes in a trade journal, the county must publish in the
379.2official newspaper, either as part of the minutes of a regular meeting of the county board
379.3or in a separate notice, a summary of all requests for bids or proposals that the county
379.4advertises on its Web site or in a trade journal. After publication in the official newspaper,
379.5on the Web site, or in a trade journal, bids or proposals may be solicited and accepted by
379.6the electronic selling process authorized in section
471.345, subdivision 17. Sales of
379.7personal property the value of which is estimated to be less than $15,000 may be made
379.8either on competitive bids or in the open market, in the discretion of the county board.
379.9"Web site" means a specific, addressable location provided on a server connected to the
379.10Internet and hosting World Wide Web pages and other files that are generally accessible
379.11on the Internet all or most of a day.
379.12 (d) Notwithstanding anything to the contrary herein, the county may, when acquiring
379.13real property for county highway right-of-way, exchange parcels of real property of
379.14substantially similar or equal value without advertising for bids. The estimated values for
379.15these parcels shall be determined by the county assessor.
379.16(e) Notwithstanding anything in this section to the contrary, the county may, when
379.17acquiring real property for purposes other than county highway right-of-way, exchange
379.18parcels of real property of substantially similar or equal value without advertising for
379.19bids. The estimated values for these parcels must be determined by the county assessor
379.20or a private appraisal performed by a licensed Minnesota real estate appraiser.
For the
379.21purpose of determining for the county the estimated values of parcels proposed to be
379.22exchanged, the county assessor need not be licensed under chapter 82B. Before giving
379.23final approval to any exchange of land, the county board shall hold a public hearing on
379.24the exchange. At least two weeks before the hearing, the county auditor shall post a
379.25notice in the auditor's office and the official newspaper of the county of the hearing that
379.26contains a description of the lands affected.
379.27 (f) If real estate or personal property remains unsold after advertising for and
379.28consideration of bids or proposals the county may employ a broker to sell the property.
379.29The broker may sell the property for not less than 90 percent of its appraised market value
379.30as determined by the county. The broker's fee shall be set by agreement with the county but
379.31may not exceed ten percent of the sale price and must be paid from the proceeds of the sale.
379.32 (g) A county or its agent may rent a county-owned residence acquired for the
379.33furtherance of an approved capital improvement project subject to the conditions set
379.34by the county board and not subject to the conditions for lease otherwise provided by
379.35paragraph (a), clause (4), and paragraphs (b), (c), (d), (f), and (h).
380.1 (h) In no case shall lands be disposed of without there being reserved to the county
380.2all iron ore and other valuable minerals in and upon the lands, with right to explore for,
380.3mine and remove the iron ore and other valuable minerals, nor shall the minerals and
380.4mineral rights be disposed of, either before or after disposition of the surface rights,
380.5otherwise than by mining lease, in similar general form to that provided by section
93.20
380.6for mining leases affecting state lands. The lease shall be for a term not exceeding 50
380.7years, and be issued on a royalty basis, the royalty to be not less than 25 cents per ton of
380.82,240 pounds, and fix a minimum amount of royalty payable during each year, whether
380.9mineral is removed or not. Prospecting options for mining leases may be granted for
380.10periods not exceeding one year. The options shall require, among other things, periodical
380.11showings to the county board of the results of exploration work done.
380.12 (i) Notwithstanding anything in this subdivision to the contrary, the county may,
380.13when selling real property owned in fee simple that cannot be improved because of
380.14noncompliance with local ordinances regarding minimum area, shape, frontage, or access,
380.15proceed to sell the nonconforming parcel without advertising for bid. At the county's
380.16discretion, the real property may be restricted to sale to adjoining landowners or may be
380.17sold to any other interested party. The property shall be sold to the highest bidder, but in no
380.18case shall the property be sold for less than 90 percent of its fair market value as determined
380.19by the county assessor. All owners of land adjoining the land to be sold shall be given a
380.20written notice at least 30 days before the sale. This paragraph shall be liberally construed to
380.21encourage the sale of nonconforming real property and promote its return to the tax roles.
380.22EFFECTIVE DATE.This section is effective the day following final enactment.
380.23 Sec. 26.
REPEALER.
380.24Minnesota Statutes 2012, sections 272.69; and 273.11, subdivisions 1a and 22, are
380.25repealed.
380.26EFFECTIVE DATE.This section is effective the day following final enactment.
380.28DEPARTMENT POLICY AND TECHNICAL: MISCELLANEOUS
380.29 Section 1. Minnesota Statutes 2012, section 16A.46, is amended to read:
380.3016A.46 LOST OR DESTROYED WARRANT DUPLICATE; INDEMNITY.
380.31 Subdivision 1. Duplicate warrant. The commissioner may issue a duplicate of an
380.32unpaid warrant to an owner if the owner certifies that the original was lost or destroyed. The
381.1commissioner may require certification be documented by affidavit.
The commissioner
381.2may refuse to issue a duplicate of an unpaid state warrant. If the commissioner acts in
381.3good faith, the commissioner is not liable, whether the application is granted or denied.
381.4 Subd. 2. Original warrant is void. When the duplicate is issued, the original is
381.5void. The commissioner may require an indemnity bond from the applicant to the state for
381.6double the amount of the warrant for anyone damaged by the issuance of the duplicate.
381.7The commissioner
may refuse to issue a duplicate of an unpaid state warrant. If the
381.8commissioner acts in good faith the commissioner is not liable, whether the application is
381.9granted or denied is not liable to any holder who took the void original warrant for value,
381.10whether or not the commissioner required an indemnity bond from the applicant.
381.11 Subd. 3. Unpaid refund or rebate. For an unpaid refund or rebate issued under a
381.12tax law administered by the commissioner of revenue that has been lost or destroyed, an
381.13affidavit is not required for the commissioner to issue a duplicate if the duplicate is issued
381.14to the same name and Social Security number as the original warrant and that information
381.15is verified on a tax return filed by the recipient.
381.16EFFECTIVE DATE.This section is effective the day following final enactment.
381.17 Sec. 2. Minnesota Statutes 2012, section 270C.38, subdivision 1, is amended to read:
381.18 Subdivision 1.
Sufficient notice. (a) If no method of notification of a written
381.19determination or action of the commissioner is otherwise specifically provided for by
381.20law, notice of the determination or action sent postage prepaid by United States mail to
381.21the taxpayer or other person affected by the determination or action at the taxpayer's
381.22or person's last known address, is sufficient. If the taxpayer or person being notified is
381.23deceased or is under a legal disability, or, in the case of a corporation being notified that
381.24has terminated its existence, notice to the last known address of the taxpayer, person, or
381.25corporation is sufficient, unless the department has been provided with a new address by a
381.26party authorized to receive notices from the commissioner.
381.27(b) If a taxpayer or other person agrees to accept notification by electronic means,
381.28notice of a determination or action of the commissioner sent by electronic mail to the
381.29taxpayer's or person's last known electronic mailing address as provided for in section
381.30325L.08 is sufficient.
381.31EFFECTIVE DATE.This section is effective the day following final enactment.
381.32 Sec. 3. Minnesota Statutes 2012, section 270C.42, subdivision 2, is amended to read:
382.1 Subd. 2.
Penalty for failure to pay electronically. In addition to other applicable
382.2penalties imposed by law, after notification from the commissioner to the taxpayer that
382.3payments for a tax payable to the commissioner are required to be made by electronic
382.4means, and the payments are remitted by some other means, there is a penalty in the
382.5amount of five percent of each payment that should have been remitted electronically.
382.6After the commissioner's initial notification to the taxpayer that payments are required to
382.7be made by electronic means, the commissioner is not required to notify the taxpayer in
382.8subsequent periods if the initial notification specified the amount of tax liability at which a
382.9taxpayer is required to remit payments by electronic means. The penalty can be abated
382.10under the abatement procedures prescribed in section
270C.34 if the failure to remit the
382.11payment electronically is due to reasonable cause. The penalty bears interest at the rate
382.12specified in section
270C.40 from the
due date
of the payment of the tax provided in
382.13section 270C.40, subdivision 3, to the date of payment of the penalty.
382.14EFFECTIVE DATE.This section is effective the day following final enactment.
382.15 Sec. 4. Minnesota Statutes 2012, section 287.385, subdivision 7, is amended to read:
382.16 Subd. 7.
Interest on penalties. A penalty imposed under this chapter bears interest
382.17from the date
payment was required to be paid, including any extensions, provided in
382.18section 270C.40, subdivision 3, to the date of payment of the penalty.
382.19EFFECTIVE DATE.This section is effective the day following final enactment.
382.20 Sec. 5. Minnesota Statutes 2012, section 289A.55, subdivision 9, is amended to read:
382.21 Subd. 9.
Interest on penalties. (a) A penalty imposed under section
289A.60,
382.22subdivision 1
, 2, 2a, 4, 5, 6, or 21 bears interest from the date
the return or payment
382.23was required to be filed or paid, including any extensions provided in section 270C.40,
382.24subdivision 3, to the date of payment of the penalty.
382.25(b) A penalty not included in paragraph (a) bears interest only if it is not paid within
382.2660 days from the date of notice. In that case interest is imposed from the date of notice
382.27to the date of payment.
382.28EFFECTIVE DATE.This section is effective the day following final enactment.
382.29 Sec. 6. Minnesota Statutes 2012, section 289A.60, subdivision 4, is amended to read:
382.30 Subd. 4.
Substantial understatement of liability; penalty. (a) The commissioner
382.31of revenue shall impose a penalty for substantial understatement of any tax payable to the
382.32commissioner, except a tax imposed under chapter 297A.
383.1(b) There must be added to the tax an amount equal to 20 percent of the amount of any
383.2underpayment attributable to the understatement. There is a substantial understatement of
383.3tax for the period if the amount of the understatement for the period exceeds the greater of:
383.4(1) ten percent of the tax required to be shown on the return for the period; or
383.5(2)(i) $10,000 in the case of a mining company or a corporation, other than an S
383.6corporation as defined in section
290.9725, when the tax is imposed by chapter 290 or
383.7section
298.01 or
298.015, or
383.8(ii) $5,000 in the case of any other taxpayer, and in the case of a mining company or
383.9a corporation any tax not imposed by chapter 290 or section
298.01 or
298.015.
383.10(c) For a corporation, other than an S corporation, there is also a substantial
383.11understatement of tax for any taxable year if the amount of the understatement for the
383.12taxable year exceeds the lesser of:
383.13(1) ten percent of the tax required to be shown on the return for the taxable year
383.14(or, if greater, $10,000); or
383.15(2) $10,000,000.
383.16(d) The term "understatement" means the excess of the amount of the tax required
383.17to be shown on the return for the period, over the amount of the tax imposed that is
383.18shown on the return. The excess must be determined without regard to items to which
383.19subdivision 27 applies. The amount of the understatement shall be reduced by that part of
383.20the understatement that is attributable to the tax treatment of any item by the taxpayer if
383.21(1) there is or was substantial authority for the treatment, or (2)(i) any item with respect to
383.22which the relevant facts affecting the item's tax treatment are adequately disclosed in the
383.23return or in a statement attached to the return and (ii) there is a reasonable basis for the tax
383.24treatment of the item. The exception for substantial authority under clause (1) does not
383.25apply to positions listed by the Secretary of the Treasury under section 6662(d)(3) of the
383.26Internal Revenue Code. A corporation does not have a reasonable basis for its tax treatment
383.27of an item attributable to a multiple-party financing transaction if the treatment does not
383.28clearly reflect the income of the corporation within the meaning of section 6662(d)(2)(B)
383.29of the Internal Revenue Code. The special rules in cases involving tax shelters provided in
383.30section 6662(d)(2)(C) of the Internal Revenue Code shall apply and shall apply to a tax
383.31shelter the principal purpose of which is the avoidance or evasion of state taxes.
383.32(e) The commissioner may abate all or any part of the addition to the tax provided
383.33by this section on a showing by the taxpayer that there was reasonable cause for the
383.34understatement, or part of it, and that the taxpayer acted in good faith. The additional tax
383.35and penalty shall bear interest
at the rate as specified in section
270C.40 from the time
383.36the tax should have been paid until paid.
384.1EFFECTIVE DATE.This section is effective the day following final enactment.
384.2 Sec. 7. Minnesota Statutes 2012, section 296A.01, subdivision 19, is amended to read:
384.3 Subd. 19.
E85. "E85" means a petroleum product that is a blend of agriculturally
384.4derived denatured ethanol and gasoline or natural gasoline that
typically contains
not more
384.5than 85 percent ethanol by volume, but at a minimum must contain
60 greater than 50
384.6 percent ethanol by volume. For the purposes of this chapter, the energy content of E85
384.7will be considered to be 82,000 BTUs per gallon. E85 produced for use as a motor fuel in
384.8alternative fuel vehicles as defined in subdivision 5 must comply with ASTM specification
384.9D5798-07 D5798-11.
384.10EFFECTIVE DATE.This section is effective the day following final enactment.
384.11 Sec. 8. Minnesota Statutes 2012, section 296A.22, subdivision 1, is amended to read:
384.12 Subdivision 1.
Penalty for failure to pay tax, general rule. Upon the failure of
384.13any person to pay any tax or fee when due, a penalty of one percent per day for the first
384.14ten days of delinquency shall accrue, and thereafter the tax, fees, and penalty shall bear
384.15interest at the rate specified in section
270C.40 until paid.
384.16EFFECTIVE DATE.This section is effective the day following final enactment.
384.17 Sec. 9. Minnesota Statutes 2012, section 296A.22, subdivision 3, is amended to read:
384.18 Subd. 3.
Operating without license. If any person operates as a distributor, special
384.19fuel dealer, bulk purchaser, or motor carrier without first securing the license required
384.20under this chapter, any tax or fee imposed by this chapter shall become immediately due
384.21and payable. A penalty of 25 percent is imposed upon the tax and fee due. The tax
, and
384.22 fees
, and penalty shall bear interest at the rate specified in section
270C.40.
The penalty
384.23imposed in this subdivision shall bear interest from the date provided in section 270C.40,
384.24subdivision 3, to the date of payment of the penalty.
384.25EFFECTIVE DATE.This section is effective the day following final enactment.
384.26 Sec. 10. Minnesota Statutes 2012, section 297A.665, is amended to read:
384.27297A.665 PRESUMPTION OF TAX; BURDEN OF PROOF.
384.28 (a) For the purpose of the proper administration of this chapter and to prevent
384.29evasion of the tax, until the contrary is established, it is presumed that:
384.30 (1) all gross receipts are subject to the tax; and
385.1 (2) all retail sales for delivery in Minnesota are for storage, use, or other consumption
385.2in Minnesota.
385.3 (b) The burden of proving that a sale is not a taxable retail sale is on the seller.
385.4However, a seller is relieved of liability if:
385.5 (1) the seller obtains a fully completed exemption certificate or all the relevant
385.6information required by section
297A.72, subdivision 2, at the time of the sale or within
385.790 days after the date of the sale; or
385.8 (2) if the seller has not obtained a fully completed exemption certificate or all the
385.9relevant information required by section
297A.72, subdivision 2, within the time provided
385.10in clause (1), within 120 days after a request for substantiation by the commissioner,
385.11the seller either:
385.12 (i) obtains
in good faith from the purchaser a fully completed exemption certificate
385.13or all the relevant information required by section
297A.72, subdivision 2,
from the
385.14purchaser taken in good faith which means that the exemption certificate claims an
385.15exemption that (A) was statutorily available on the date of the transaction, (B) could be
385.16applicable to the item for which the exemption is claimed, and (C) is reasonable for the
385.17purchaser's type of business; or
385.18 (ii) proves by other means that the transaction was not subject to tax.
385.19 (c) Notwithstanding paragraph (b), relief from liability does not apply to a seller who:
385.20 (1) fraudulently fails to collect the tax; or
385.21 (2) solicits purchasers to participate in the unlawful claim of an exemption.
385.22(d) Notwithstanding paragraph (b), relief from liability does not apply to a seller
385.23who has obtained information under paragraph (b), clause (2), if through the audit process
385.24the commissioner finds the following:
385.25(1) that at the time the information was provided the seller had knowledge or had
385.26reason to know that the information relating to the exemption was materially false; or
385.27(2) that the seller knowingly participated in activity intended to purposefully evade
385.28the sales tax due on the transaction.
385.29 (d) (e) A certified service provider, as defined in section
297A.995, subdivision 2, is
385.30relieved of liability under this section to the extent a seller who is its client is relieved of
385.31liability.
385.32 (e) (f) A purchaser of tangible personal property or any items listed in section
297A.63
385.33that are shipped or brought to Minnesota by the purchaser has the burden of proving that the
385.34property was not purchased from a retailer for storage, use, or consumption in Minnesota.
385.35(f) (g) If a seller claims that certain sales are exempt and does not provide the
385.36certificate, information, or proof required by paragraph (b), clause (2), within 120 days
386.1after the date of the commissioner's request for substantiation, then the exemptions
386.2claimed by the seller that required substantiation are disallowed.
386.3EFFECTIVE DATE.This section is effective retroactively from January 1, 2013.
386.4 Sec. 11. Minnesota Statutes 2012, section 297B.11, is amended to read:
386.5297B.11 REGISTRAR AS AGENT OF COMMISSIONER OF REVENUE;
386.6POWERS.
386.7The state commissioner of revenue is charged with the administration of the
386.8sales tax on motor vehicles. The commissioner may prescribe all rules not inconsistent
386.9with the provisions of this chapter, necessary and advisable for the proper and efficient
386.10administration of the law. The collection of this sales tax on motor vehicles shall be
386.11carried out by the motor vehicle registrar who shall act as the agent of the commissioner
386.12and who shall be subject to all rules not inconsistent with the provisions of this chapter,
386.13that may be prescribed by the commissioner.
386.14The provisions of chapters 270C, 289A, and 297A relating to the commissioner's
386.15authority to audit, assess, and collect the tax, and to issue refunds and to hear appeals,
386.16are applicable to the sales tax on motor vehicles. The commissioner may impose civil
386.17penalties as provided in chapters 289A and 297A, and the additional tax and penalties
386.18are subject to interest at the rate provided in section
270C.40 from the date provided in
386.19section 270C.40, subdivision 3, until paid.
386.20EFFECTIVE DATE.This section is effective the day following final enactment.
386.21 Sec. 12. Minnesota Statutes 2012, section 297E.14, subdivision 7, is amended to read:
386.22 Subd. 7.
Interest on penalties. (a) A penalty imposed under section
297E.12,
386.23subdivision 1
, 2, 3, 4, or 5, bears interest from the date
the return or payment was required
386.24to be filed or paid, including any extensions provided in section 270C.40, subdivision
386.253, to the date of payment of the penalty.
386.26(b) A penalty not included in paragraph (a) bears interest only if it is not paid within
386.27ten days from the date of notice. In that case interest is imposed from the date of notice
386.28to the date of payment.
386.29EFFECTIVE DATE.This section is effective the day following final enactment.
386.30 Sec. 13. Minnesota Statutes 2012, section 297F.01, subdivision 23, is amended to read:
387.1 Subd. 23.
Wholesale sales price. "Wholesale sales price" means the price
stated
387.2on the price list in effect at the time of sale for which a manufacturer or person sells a
387.3tobacco product to a distributor, exclusive of any discount, promotional offer, or other
387.4reduction. For purposes of this subdivision, "price list" means the manufacturer's price at
387.5which tobacco products are made available for sale to all distributors on an ongoing basis
387.6 at which a distributor purchases a tobacco product. Wholesale sales price includes the
387.7applicable federal excise tax, freight charges, or packaging costs, regardless of whether
387.8they were included in the purchase price.
387.9EFFECTIVE DATE.This section is effective for purchases made after December
387.1031, 2013.
387.11 Sec. 14. Minnesota Statutes 2012, section 297F.09, subdivision 9, is amended to read:
387.12 Subd. 9.
Interest. The amount of tax not timely paid
, together with any penalty
387.13imposed in this section, bears interest at the rate specified in section
270C.40 from the
387.14time such tax should have been paid until paid.
The penalty imposed in this section bears
387.15interest at the rate specified in section 270C.40 from the date provided in section 270C.40,
387.16subdivision 3, to the date of payment of the penalty. Any interest and penalty is added to
387.17the tax and collected as a part of it.
387.18EFFECTIVE DATE.This section is effective the day following final enactment.
387.19 Sec. 15. Minnesota Statutes 2012, section 297F.18, subdivision 7, is amended to read:
387.20 Subd. 7.
Interest on penalties. (a) A penalty imposed under section
297F.19,
387.21subdivisions 2 to 7, bears interest from the date
the return or payment was required to be
387.22filed or paid, including any extensions provided in section 270C.40, subdivision 3, to the
387.23date of payment of the penalty.
387.24(b) A penalty not included in paragraph (a) bears interest only if it is not paid within
387.25ten days from the date of the notice. In that case interest is imposed from the date of notice
387.26to the date of payment.
387.27EFFECTIVE DATE.This section is effective the day following final enactment.
387.28 Sec. 16. Minnesota Statutes 2012, section 297G.09, subdivision 8, is amended to read:
387.29 Subd. 8.
Interest. The amount of tax not timely paid
, together with any penalty
387.30imposed by this chapter, bears interest at the rate specified in section
270C.40 from the
387.31time the tax should have been paid until paid.
Any penalty imposed by this chapter bears
388.1interest from the date provided in section 270C.40, subdivision 3, to the date of payment
388.2of the penalty. Any interest and penalty is added to the tax and collected as a part of it.
388.3EFFECTIVE DATE.This section is effective the day following final enactment.
388.4 Sec. 17. Minnesota Statutes 2012, section 297G.17, subdivision 7, is amended to read:
388.5 Subd. 7.
Interest on penalties. (a) A penalty imposed under section
297G.18,
388.6subdivisions 2 to 7, bears interest from the date
the return or payment was required to be
388.7filed or paid, including any extensions provided in section 270C.40, subdivision 3, to the
388.8date of payment of the penalty.
388.9(b) A penalty not included in paragraph (a) bears interest only if it is not paid within
388.10ten days from the date of the notice. In that case interest is imposed from the date of notice
388.11to the date of payment.
388.12EFFECTIVE DATE.This section is effective the day following final enactment.
388.13 Sec. 18. Minnesota Statutes 2012, section 297I.05, subdivision 7, is amended to read:
388.14 Subd. 7.
Nonadmitted insurance premium tax. (a) A tax is imposed on surplus
388.15lines brokers. The rate of tax is equal to three percent of the gross premiums less return
388.16premiums paid by an insured whose home state is Minnesota.
388.17(b) A tax is imposed on
persons, firms, or corporations a person, firm, corporation,
388.18or purchasing group as defined in section 60E.02, or any member of a purchasing group,
388.19 that
procure procures insurance directly from a nonadmitted insurer. The rate of tax is
388.20equal to two percent of the gross premiums less return premiums paid by an insured
388.21whose home state is Minnesota.
388.22(c) No state other than the home state of an insured may require any premium tax
388.23payment for nonadmitted insurance. When Minnesota is the home state of the insured,
388.24as provided under section
297I.01, 100 percent of the gross premiums are taxable in
388.25Minnesota with no allocation of the tax to other states.
388.26EFFECTIVE DATE.This section is effective for premiums received after
388.27December 31, 2013.
388.28 Sec. 19. Minnesota Statutes 2012, section 297I.05, subdivision 12, is amended to read:
388.29 Subd. 12.
Other entities. (a) A tax is imposed equal to two percent of:
388.30 (1) gross premiums less return premiums written for risks resident or located in
388.31Minnesota by a risk retention group;
389.1 (2) gross premiums less return premiums received by an attorney in fact acting
389.2in accordance with chapter 71A;
389.3 (3) gross premiums less return premiums received pursuant to assigned risk policies
389.4and contracts of coverage under chapter 79;
and
389.5 (4) the direct funded premium received by the reinsurance association under section
389.679.34
from self-insurers approved under section
176.181 and political subdivisions that
389.7self-insure
; and.
389.8 (5) gross premiums less return premiums paid to an insurer other than a licensed
389.9insurance company or a surplus lines broker for coverage of risks resident or located in
389.10Minnesota by a purchasing group or any members of the purchasing group to a broker or
389.11agent for the purchasing group.
389.12 (b) A tax is imposed on a joint self-insurance plan operating under chapter 60F. The
389.13rate of tax is equal to two percent of the total amount of claims paid during the fund year,
389.14with no deduction for claims wholly or partially reimbursed through stop-loss insurance.
389.15 (c) A tax is imposed on a joint self-insurance plan operating under chapter 62H.
389.16The rate of tax is equal to two percent of the total amount of claims paid during the
389.17fund's fiscal year, with no deduction for claims wholly or partially reimbursed through
389.18stop-loss insurance.
389.19 (d) A tax is imposed equal to the tax imposed under section
297I.05, subdivision 5,
389.20on the gross premiums less return premiums on all coverages received by an accountable
389.21provider network or agents of an accountable provider network in Minnesota, in cash or
389.22otherwise, during the year.
389.23EFFECTIVE DATE.This section is effective for premiums received after
389.24December 31, 2013.
389.25 Sec. 20. Minnesota Statutes 2012, section 297I.30, subdivision 1, is amended to read:
389.26 Subdivision 1.
General rule. On or before March 1, every taxpayer subject to
389.27taxation under section
297I.05, subdivisions 1 to
5,; 7, paragraph (b)
,; 12
, paragraphs (a),
389.28clauses (1) to (4), (b), (c), and (d),; and 14, shall file an annual return for the preceding
389.29calendar year in the form prescribed by the commissioner.
389.30EFFECTIVE DATE.This section is effective for premiums received after
389.31December 31, 2013.
389.32 Sec. 21. Minnesota Statutes 2012, section 297I.30, subdivision 2, is amended to read:
390.1 Subd. 2.
Surplus lines brokers and purchasing groups. On or before February
390.215 and August 15 of each year, every surplus lines broker subject to taxation under
390.3section
297I.05, subdivision 7, paragraph (a),
and every purchasing group or member of
390.4a purchasing group subject to tax under section
297I.05, subdivision 12, paragraph (a),
390.5clause (5), shall file a return with the commissioner for the preceding six-month period
390.6ending December 31, or June 30, in the form prescribed by the commissioner.
390.7EFFECTIVE DATE.This section is effective for premiums received after
390.8December 31, 2013.
390.9 Sec. 22. Minnesota Statutes 2012, section 297I.80, subdivision 1, is amended to read:
390.10 Subdivision 1.
Payable to commissioner. (a) When interest is required under this
390.11section, interest is computed at the rate specified in section
270C.40.
390.12(b) If a tax or surcharge is not paid within the time named by law for payment, the
390.13unpaid tax or surcharge bears interest from the date the tax or surcharge should have been
390.14paid until the date the tax or surcharge is paid.
390.15(c) Whenever a taxpayer is liable for additional tax or surcharge because of a
390.16redetermination by the commissioner or other reason, the additional tax or surcharge
390.17bears interest from the time the tax or surcharge should have been paid until the date the
390.18tax or surcharge is paid.
390.19(d) A penalty bears interest from the date
the return or payment was required to be
390.20filed or paid provided in section 270C.40, subdivision 3, to the date of payment of the
390.21penalty.
390.22EFFECTIVE DATE.This section is effective the day following final enactment.
390.23 Sec. 23. Minnesota Statutes 2012, section 469.319, subdivision 4, is amended to read:
390.24 Subd. 4.
Repayment procedures. (a) For the repayment of taxes imposed under
390.25chapter 290 or 297A or local taxes collected pursuant to section
297A.99, a business must
390.26file an amended return with the commissioner of revenue and pay any taxes required
390.27to be repaid within 30 days after becoming subject to repayment under this section.
390.28The amount required to be repaid is determined by calculating the tax for the period or
390.29periods for which repayment is required without regard to the exemptions and credits
390.30allowed under section
469.315.
390.31 (b) For the repayment of taxes imposed under chapter 297B, a business must pay any
390.32taxes required to be repaid to the motor vehicle registrar, as agent for the commissioner of
390.33revenue, within 30 days after becoming subject to repayment under this section.
391.1 (c) For the repayment of property taxes, the county auditor shall prepare a tax
391.2statement for the business, applying the applicable tax extension rates for each payable
391.3year and provide a copy to the business and to the taxpayer of record. The business must
391.4pay the taxes to the county treasurer within 30 days after receipt of the tax statement. The
391.5business or the taxpayer of record may appeal the valuation and determination of the
391.6property tax to the Tax Court within 30 days after receipt of the tax statement.
391.7 (d) The provisions of chapters 270C and 289A relating to the commissioner's
391.8authority to audit, assess, and collect the tax and to hear appeals are applicable to the
391.9repayment required under paragraphs (a) and (b). The commissioner may impose civil
391.10penalties as provided in chapter 289A, and the additional tax and penalties are subject
391.11to interest at the rate provided in section
270C.40,. The additional tax shall bear interest
391.12 from 30 days after becoming subject to repayment under this section until the date the
391.13tax is paid.
Any penalty imposed pursuant to this section shall bear interest from the date
391.14provided in section 270C.40, subdivision 3, to the date of payment of the penalty.
391.15 (e) If a property tax is not repaid under paragraph (c), the county treasurer shall
391.16add the amount required to be repaid to the property taxes assessed against the property
391.17for payment in the year following the year in which the auditor provided the statement
391.18under paragraph (c).
391.19 (f) For determining the tax required to be repaid, a reduction of a state or local sales or
391.20use tax is deemed to have been received on the date that the good or service was purchased
391.21or first put to a taxable use. In the case of an income tax or franchise tax, including the
391.22credit payable under section
469.318, a reduction of tax is deemed to have been received
391.23for the two most recent tax years that have ended prior to the date that the business became
391.24subject to repayment under this section. In the case of a property tax, a reduction of tax is
391.25deemed to have been received for the taxes payable in the year that the business became
391.26subject to repayment under this section and for the taxes payable in the prior year.
391.27 (g) The commissioner may assess the repayment of taxes under paragraph (d) any
391.28time within two years after the business becomes subject to repayment under subdivision
391.291, or within any period of limitations for the assessment of tax under section
289A.38,
391.30whichever period is later. The county auditor may send the statement under paragraph
391.31(c) any time within three years after the business becomes subject to repayment under
391.32subdivision 1.
391.33 (h) A business is not entitled to any income tax or franchise tax benefits, including
391.34refundable credits, for any part of the year in which the business becomes subject to
391.35repayment under this section nor for any year thereafter. Property is not exempt from tax
391.36under section
272.02, subdivision 64, for any taxes payable in the year following the year
392.1in which the property became subject to repayment under this section nor for any year
392.2thereafter. A business is not eligible for any sales tax benefits beginning with goods
392.3or services purchased or first put to a taxable use on the day that the business becomes
392.4subject to repayment under this section.
392.5EFFECTIVE DATE.This section is effective the day following final enactment.
392.6 Sec. 24. Minnesota Statutes 2012, section 469.340, subdivision 4, is amended to read:
392.7 Subd. 4.
Repayment procedures. (a) For the repayment of taxes imposed under
392.8chapter 290 or 297A or local taxes collected pursuant to section
297A.99, a business must
392.9file an amended return with the commissioner of revenue and pay any taxes required to be
392.10repaid within 30 days after ceasing to do business in the zone. The amount required to be
392.11repaid is determined by calculating the tax for the period or periods for which repayment
392.12is required without regard to the exemptions and credits allowed under section
469.336.
392.13(b) For the repayment of property taxes, the county auditor shall prepare a tax
392.14statement for the business, applying the applicable tax extension rates for each payable
392.15year and provide a copy to the business. The business must pay the taxes to the county
392.16treasurer within 30 days after receipt of the tax statement. The taxpayer may appeal the
392.17valuation and determination of the property tax to the Tax Court within 30 days after
392.18receipt of the tax statement.
392.19(c) The provisions of chapters 270C and 289A relating to the commissioner's
392.20authority to audit, assess, and collect the tax and to hear appeals are applicable to the
392.21repayment required under paragraph (a). The commissioner may impose civil penalties as
392.22provided in chapter 289A, and the additional tax and penalties are subject to interest at the
392.23rate provided in section
270C.40,. The additional tax shall bear interest from 30 days after
392.24ceasing to do business in the biotechnology and health sciences industry zone until the
392.25date the tax is paid.
Any penalty imposed pursuant to this section shall bear interest from
392.26the date provided in section 270C.40, subdivision 3, to the date of payment of the penalty.
392.27(d) If a property tax is not repaid under paragraph (b), the county treasurer shall add
392.28the amount required to be repaid to the property taxes assessed against the property for
392.29payment in the year following the year in which the treasurer discovers that the business
392.30ceased to operate in the biotechnology and health sciences industry zone.
392.31(e) For determining the tax required to be repaid, a tax reduction is deemed to have
392.32been received on the date that the tax would have been due if the taxpayer had not been
392.33entitled to the exemption, or on the date a refund was issued for a refundable credit.
392.34(f) The commissioner may assess the repayment of taxes under paragraph (c) any
392.35time within two years after the business ceases to operate in the biotechnology and health
393.1sciences industry zone, or within any period of limitations for the assessment of tax under
393.2section
289A.38, whichever period is later.
393.3EFFECTIVE DATE.This section is effective the day following final enactment.