HF 3119

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to taxation; property; modifying special 
  1.3             assessment and property tax deferment provisions on 
  1.4             the Caponi art park property; amending Laws 1998, 
  1.5             chapter 389, article 3, section 41; Laws 1998, chapter 
  1.6             389, article 3, section 42, subdivision 2, as amended. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Laws 1998, chapter 389, article 3, section 41, 
  1.9   is amended to read: 
  1.10     Sec. 41.  [SPECIAL ASSESSMENT DEFERRAL AUTHORIZED.] 
  1.11     Notwithstanding Minnesota Statutes, chapter 429, a city may 
  1.12  defer the payment of any special assessment levied against a 
  1.13  property qualifying under section 38 as determined by the city.  
  1.14  Any special assessment, the payment of which has been deferred 
  1.15  by the city, must be paid in full or a payment agreement may be 
  1.16  approved by the city if the ownership of property is transferred 
  1.17  to anyone or any entity.  Payment or a payment agreement must be 
  1.18  made within 60 days of the transfer of ownership. 
  1.19     [EFFECTIVE DATE.] This section is effective the day 
  1.20  following final enactment.  
  1.21     Sec. 2.  Laws 1998, chapter 389, article 3, section 42, 
  1.22  subdivision 2, as amended by Laws 2002, chapter 377, article 4, 
  1.23  section 24, is amended to read: 
  1.24     Subd. 2.  [RECAPTURE.] (a) Property or any portion thereof 
  1.25  qualifying under section 38 is subject to additional taxes if: 
  1.26     (1) ownership of the property is transferred to anyone 
  2.1   other than the spouse or child of the current owner; 
  2.2      (2) the current owner or the spouse or child of the current 
  2.3   owner has not conveyed or entered into a contract before July 1, 
  2.4   2007, to convey for ownership or public easement rights, (i) a 
  2.5   portion of the property to a one or more nonprofit foundation 
  2.6   foundations or corporation operating corporations; and (ii) a 
  2.7   portion of the property to one or more local governments; and 
  2.8   those entities shall separately or jointly operate the property 
  2.9   as an art park providing the services included in section 38, 
  2.10  clauses (2) to (5), and may also use some of the property for 
  2.11  other public purposes as determined by the local governments; or 
  2.12     (3) the nonprofit foundation or corporation to which a 
  2.13  portion of the property was transferred ceases to provide the 
  2.14  services included in section 38, clauses (2) to (5), earlier 
  2.15  than ten years following the effective date of the conveyance 
  2.16  conveyances or of the execution of the contract contracts to 
  2.17  convey. 
  2.18     (b) The additional taxes are imposed at the earlier of (1) 
  2.19  the year following transfer of ownership to anyone other than 
  2.20  the spouse or child of the current owner or a nonprofit 
  2.21  foundation or corporation or local government operating the 
  2.22  property as an art park and used for other public purposes, or 
  2.23  (2) for taxes payable in 2008, or (3) in the event the nonprofit 
  2.24  foundation or corporation to which a portion of the property was 
  2.25  conveyed ceases to provide the required services within ten 
  2.26  years after the conveyance, for taxes payable in the year 
  2.27  following the year when it ceased to do so.  
  2.28     The county board, with the approval of the city council, 
  2.29  shall determine the amount of the additional taxes due on the 
  2.30  portion of property which is no longer utilized as an art park; 
  2.31  provided, however, that the additional taxes are equal to must 
  2.32  not be greater than the difference between the taxes determined 
  2.33  on that portion of the property utilized as an art park under 
  2.34  sections 39 and 40 and the amount determined under subdivision 1 
  2.35  for all years that the property qualified under section 38.  The 
  2.36  additional taxes must be extended against the property on the 
  3.1   tax list for the current year; provided, however, that No 
  3.2   interest or penalties may be levied on the additional taxes if 
  3.3   timely paid amount provided that it is paid within 30 days of 
  3.4   the county's notice. 
  3.5      [EFFECTIVE DATE.] This section is effective the day 
  3.6   following final enactment.