HF 2940

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; modifying the drycleaner 
  1.3             environmental response and reimbursement law; amending 
  1.4             Minnesota Statutes 1998, section 115B.49, subdivision 
  1.5             4, as amended, and by adding a subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 115B.49, 
  1.8   subdivision 4, as amended by Laws 1999, chapter 250, article 3, 
  1.9   section 15, is amended to read: 
  1.10     Subd. 4.  [REGISTRATION; FEES.] (a) The owner or operator 
  1.11  of a drycleaning facility shall register on or before July 
  1.12  October 1 of each year with the commissioner of revenue in a 
  1.13  manner prescribed by the commissioner of revenue and pay a 
  1.14  registration fee for the facility.  The amount of the fee is: 
  1.15     (1) $500, for facilities with a full-time equivalence of 
  1.16  fewer than five; 
  1.17     (2) $1,000, for facilities with a full-time equivalence of 
  1.18  five to ten; and 
  1.19     (3) $1,500, for facilities with a full-time equivalence of 
  1.20  more than ten. 
  1.21     (b) A person who sells drycleaning solvents for use by 
  1.22  drycleaning facilities in the state shall collect and remit to 
  1.23  the commissioner of revenue in a manner prescribed by the 
  1.24  commissioner of revenue, on or before the 20th day of the month 
  1.25  following the month in which the sales of drycleaning solvents 
  2.1   are made, a fee of: 
  2.2      (1) $3.50 for each gallon of perchloroethylene sold for use 
  2.3   by drycleaning facilities in the state; and 
  2.4      (2) 70 cents for each gallon of hydrocarbon-based 
  2.5   drycleaning solvent sold for use by drycleaning facilities in 
  2.6   the state. 
  2.7      (c) To enforce this subdivision, the commissioner of 
  2.8   revenue may examine documents, assess and collect fees, conduct 
  2.9   investigations, issue subpoenas, grant extensions to file 
  2.10  returns and pay fees, impose penalties and interest on the 
  2.11  annual registration fee under paragraph (a) and the monthly fee 
  2.12  under paragraph (b), abate penalties and interest, and 
  2.13  administer appeals, in the manner provided in chapters 270 and 
  2.14  289A.  The penalties and interest imposed on taxes under chapter 
  2.15  297A apply to the fees imposed under this subdivision.  
  2.16  Disclosure of data collected by the commissioner of revenue 
  2.17  under this subdivision is governed by chapter 270B. 
  2.18     Sec. 2.  Minnesota Statutes 1998, section 115B.49, is 
  2.19  amended by adding a subdivision to read: 
  2.20     Subd. 4a.  [INTERIM FEES.] For the period from July 1, 
  2.21  1999, to June 30, 2001, the commissioner shall, after a public 
  2.22  hearing, but notwithstanding section 16A.1285, subdivision 4, 
  2.23  annually adjust the fees in subdivision 4 as necessary to 
  2.24  maintain an annual income of $650,000.  This income amount 
  2.25  supersedes the amount described in Minnesota Statutes 1998, 
  2.26  section 115B.49, subdivision 4, paragraph (c), clause (3), that 
  2.27  is in effect until July 1, 2001. 
  2.28     Sec. 3.  [EFFECTIVE DATE.] 
  2.29     Sections 1 and 2 are effective on the day following final 
  2.30  enactment.