HF 2612

as introduced - 87th Legislature (2011 - 2012) Posted on 02/29/2012 01:41pm

A bill for an act
relating to taxation; sales and use; expanding exemption for public safety
radio communication systems; amending Minnesota Statutes 2010, section
297A.70, subdivision 8; Minnesota Statutes 2011 Supplement, section 297A.75,
subdivisions 1, 2, 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 297A.70, subdivision 8, is amended to
read:

Subd. 8.

deleted text begin Regionwide deleted text end Public safety radio communication deleted text begin system deleted text end new text begin systems new text end ;
products and services.

new text begin (a) new text end Products and services including, but not limited to, end user
equipment used for construction, ownership, operation, maintenance, and enhancement
of the backbone system of the regionwide public safety radio communication system
established under sections 403.21 to 403.40, are exempt. For purposes of this subdivision,
backbone system is defined in section 403.21, subdivision 9. This subdivision is effective
for purchases, sales, storage, use, or consumption for use in the first and second phases of
the system, as defined in section 403.21, subdivisions 3, 10, and 11, that portion of the
third phase of the system that is located in the southeast district of the State Patrol and
the counties of Benton, Sherburne, Stearns, and Wright, and that portion of the system
that is located in Itasca County.

new text begin (b) Products and services, including, but not limited to, end-user equipment used
for construction, ownership, operation, maintenance, and enhancement of public safety
radio communication systems not already exempt under paragraph (a), including public
safety radio dispatch centers, are exempt.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for sales and purchases made
after December 31, 2010. Purchasers may apply for a refund of tax paid for qualifying
purchases under this subdivision made after December 31, 2010, and before July 1, 2012,
in the manner provided in section 297A.75.
new text end

Sec. 2.

Minnesota Statutes 2011 Supplement, section 297A.75, subdivision 1, is
amended to read:

Subdivision 1.

Tax collected.

The tax on the gross receipts from the sale of the
following exempt items must be imposed and collected as if the sale were taxable and the
rate under section 297A.62, subdivision 1, applied. The exempt items include:

(1) capital equipment exempt under section 297A.68, subdivision 5;

(2) building materials for an agricultural processing facility exempt under section
297A.71, subdivision 13;

(3) building materials for mineral production facilities exempt under section
297A.71, subdivision 14;

(4) building materials for correctional facilities under section 297A.71, subdivision
3;

(5) building materials used in a residence for disabled veterans exempt under section
297A.71, subdivision 11;

(6) elevators and building materials exempt under section 297A.71, subdivision 12;

(7) building materials for the Long Lake Conservation Center exempt under section
297A.71, subdivision 17;

(8) materials and supplies for qualified low-income housing under section 297A.71,
subdivision 23;

(9) materials, supplies, and equipment for municipal electric utility facilities under
section 297A.71, subdivision 35;

(10) equipment and materials used for the generation, transmission, and distribution
of electrical energy and an aerial camera package exempt under section 297A.68,
subdivision 37;

(11) tangible personal property and taxable services and construction materials,
supplies, and equipment exempt under section 297A.68, subdivision 41;

(12) commuter rail vehicle and repair parts under section 297A.70, subdivision
3, clause (11);

(13) materials, supplies, and equipment for construction or improvement of projects
and facilities under section 297A.71, subdivision 40;

(14) materials, supplies, and equipment for construction or improvement of a meat
processing facility exempt under section 297A.71, subdivision 41;

(15) materials, supplies, and equipment for construction, improvement, or expansion
of an aerospace defense manufacturing facility exempt under section 297A.71, subdivision
42; deleted text begin and
deleted text end

(16) enterprise information technology equipment and computer software for use in
a qualified data center exempt under section 297A.68, subdivision 42 new text begin ; and
new text end

new text begin (17) products and services for a regionwide public safety radio communication
system exempt under section 297A.70, subdivision 8, paragraph (b), purchased after
December 1, 2010, and before July 1, 2012 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2011 Supplement, section 297A.75, subdivision 2, is
amended to read:

Subd. 2.

Refund; eligible persons.

Upon application on forms prescribed by the
commissioner, a refund equal to the tax paid on the gross receipts of the exempt items
must be paid to the applicant. Only the following persons may apply for the refund:

(1) for subdivision 1, clauses (1) to (3), the applicant must be the purchaser;

(2) for subdivision 1, clauses (4) and (7), the applicant must be the governmental
subdivision;

(3) for subdivision 1, clause (5), the applicant must be the recipient of the benefits
provided in United States Code, title 38, chapter 21;

(4) for subdivision 1, clause (6), the applicant must be the owner of the homestead
property;

(5) for subdivision 1, clause (8), the owner of the qualified low-income housing
project;

(6) for subdivision 1, clause (9), the applicant must be a municipal electric utility or
a joint venture of municipal electric utilities;

(7) for subdivision 1, clauses (10), (11), (14), (15), and (16), the owner of the
qualifying business; and

(8) for subdivision 1, clauses (12) deleted text begin and deleted text end new text begin , new text end (13) new text begin , and (17) new text end , the applicant must be the
governmental entity that owns or contracts for the project or facility.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2011 Supplement, section 297A.75, subdivision 3, is
amended to read:

Subd. 3.

Application.

(a) The application must include sufficient information
to permit the commissioner to verify the tax paid. If the tax was paid by a contractor,
subcontractor, or builder, under subdivision 1, clause (4), (5), (6), (7), (8), (9), (10), (11),
(12), (13), (14), (15), deleted text begin or deleted text end (16) new text begin , or (17) new text end , the contractor, subcontractor, or builder must
furnish to the refund applicant a statement including the cost of the exempt items and the
taxes paid on the items unless otherwise specifically provided by this subdivision. The
provisions of sections 289A.40 and 289A.50 apply to refunds under this section.

(b) An applicant may not file more than two applications per calendar year for
refunds for taxes paid on capital equipment exempt under section 297A.68, subdivision 5.

(c) Total refunds for purchases of items in section 297A.71, subdivision 40, must not
exceed $5,000,000 in fiscal years 2010 and 2011. Applications for refunds for purchases
of items in sections 297A.70, subdivision 3, paragraph (a), clause (11), and 297A.71,
subdivision 40, must not be filed until after June 30, 2009.

new text begin (d) Applications for refunds for purchases made after December 31, 2010, and
before July 1, 2012, of items in section 297A.70, subdivision 8, paragraph (b), must not
be filed until after June 30, 2012.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end