HF 1219

3rd Engrossment - 87th Legislature (2011 - 2012) Posted on 05/24/2011 03:36pm

A bill for an act
relating to taxation; making policy, technical, administrative, and clarifying
changes to income, withholding, estate, property, sales and use, mortgage
registry, insurance, minerals, gasoline, lodging, tax increment financing, and
other various taxes and tax-related provisions; making changes to provisions
related to certain aids and delinquent tax liabilities; providing for inclusion of
property in a tax increment financing district in the city of Sauk Rapids; providing
a property tax exemption for certain fairgrounds property in St. Louis County;
authorizing issuance of debt by Anoka County; prohibiting certain agency
contracts for tax-related activities; making changes to certain tax increment
financing districts in the cities of Ramsey, Cohasset, and Lino Lakes; amending
Minnesota Statutes 2010, sections 69.031, subdivision 1; 116J.8737, subdivisions
1, 2, 4; 270.87; 270A.03, subdivisions 2, 7; 270A.07, subdivision 1; 270C.30;
270C.32, subdivision 3; 270C.34, subdivision 1; 270C.64; 270C.711; 272.02, by
adding a subdivision; 272.029, by adding a subdivision; 273.1231, subdivision 4;
273.124, subdivisions 1, 8, 14; 273.13, subdivisions 22, 23; 273.33, subdivision
2; 273.37, subdivision 2; 273.3711; 274.175; 278.05, subdivision 6; 282.01,
subdivisions 1a, 1c, 1d; 282.014; 282.12; 287.05, subdivision 2; 289A.08,
subdivisions 1, 7; 289A.12, by adding a subdivision; 289A.18, subdivision 3;
289A.25, subdivisions 1, 6, by adding a subdivision; 289A.26, subdivision
1; 289A.35; 289A.38, subdivision 5; 289A.50, subdivision 10; 289A.60,
subdivision 31; 290.01, subdivisions 19a, as amended, 19b; 290.06, subdivision
2c; 290.091, subdivision 2; 290.0922, subdivisions 2, 3; 290.095, subdivision
11; 291.03, subdivision 1b; 296A.083, by adding a subdivision; 296A.18,
subdivision 7, by adding a subdivision; 297A.61, subdivision 3; 297A.62, by
adding a subdivision; 297A.63, by adding a subdivision; 297A.668, subdivision
7, by adding a subdivision; 297A.71, subdivision 23; 297A.89, subdivision 2;
297B.08; 297I.15, by adding a subdivision; 298.28, subdivision 2; 383C.16,
subdivision 1; 383E.21; 469.176, subdivisions 4c, 4m; 469.1763, subdivision
2; 469.319, subdivision 5; Laws 1986, chapter 462, section 31, as amended;
Laws 2010, chapter 389, article 7, section 22; proposing coding for new law in
Minnesota Statutes, chapters 16C; 270C; 383C; repealing Minnesota Statutes
2010, sections 272.02, subdivision 34; 273.124, subdivision 10; 281.37; 289A.38,
subdivision 3; 290.06, subdivision 10; 290A.27; 296A.18, subdivision 9.

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

ARTICLE 1

DEPARTMENT POLICY: INDIVIDUAL INCOME AND WITHHOLDING TAXES

Section 1.

Minnesota Statutes 2010, section 270C.34, subdivision 1, is amended to read:

Subdivision 1.

Authority.

(a) The commissioner may abate, reduce, or refund any
penalty or interest that is imposed by a law administered by the commissioner, or imposed
by section 270.0725, subdivision 1 or 2, as a result of the late payment of tax or late filing
of a return, new text begin or any part of an additional tax charge under section 289A.25, subdivision 2,
or 289A.26, subdivision 4, new text end if the failure to timely pay the tax or failure to timely file the
return is due to reasonable cause, or if the taxpayer is located in a presidentially declared
disaster or in a presidentially declared state of emergency area or in an area declared to be
in a state of emergency by the governor under section 12.31.

(b) The commissioner shall abate any part of a penalty or additional tax charge
under section 289A.25, subdivision 2, or 289A.26, subdivision 4, attributable to erroneous
advice given to the taxpayer in writing by an employee of the department acting in
an official capacity, if the advice:

(1) was reasonably relied on and was in response to a specific written request of the
taxpayer; and

(2) was not the result of failure by the taxpayer to provide adequate or accurate
information.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after
December 31, 2010.
new text end

Sec. 2.

Minnesota Statutes 2010, section 289A.08, subdivision 1, is amended to read:

Subdivision 1.

Generally; individuals.

(a) A taxpayer must file a return for each
taxable year the taxpayer is required to file a return under section 6012 of the Internal
Revenue Code, except that:

(1) an individual who is not a Minnesota resident for any part of the year is not
required to file a Minnesota income tax return if the individual's gross income derived
from Minnesota sources as determined under sections 290.081, paragraph (a), and 290.17,
is less than the filing requirements for a single individual who is a full year resident of
Minnesota; and

(2) an individual who is a Minnesota resident is not required to file a Minnesota
income tax return if the individual's gross income derived from Minnesota sources as
determined under section 290.17, less the deleted text begin amount of the individual's gross income that
consists of compensation paid to members of the armed forces of the United States or
United Nations for active duty performed outside Minnesota deleted text end new text begin subtraction allowed under
section 290.01, subdivision 19b, clauses (11) and (14) new text end , is less than the filing requirements
for a single individual who is a full-year resident of Minnesota.

(b) The decedent's final income tax return, and other income tax returns for prior
years where the decedent had gross income in excess of the minimum amount at which
an individual is required to file and did not file, must be filed by the decedent's personal
representative, if any. If there is no personal representative, the return or returns must
be filed by the transferees, as defined in section 270C.58, subdivision 3, who receive
property of the decedent.

(c) The term "gross income," as it is used in this section, has the same meaning
given it in section 290.01, subdivision 20.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after
December 31, 2010.
new text end

Sec. 3.

Minnesota Statutes 2010, section 289A.08, subdivision 7, is amended to read:

Subd. 7.

Composite income tax returns for nonresident partners, shareholders,
and beneficiaries.

(a) The commissioner may allow a partnership with nonresident
partners to file a composite return and to pay the tax on behalf of nonresident partners who
have no other Minnesota source income. This composite return must include the names,
addresses, Social Security numbers, income allocation, and tax liability for the nonresident
partners electing to be covered by the composite return.

(b) The computation of a partner's tax liability must be determined by multiplying
the income allocated to that partner by the highest rate used to determine the tax liability
for individuals under section 290.06, subdivision 2c. Nonbusiness deductions, standard
deductions, or personal exemptions are not allowed.

(c) The partnership must submit a request to use this composite return filing method
for nonresident partners. The requesting partnership must file a composite return in the
form prescribed by the commissioner of revenue. The filing of a composite return is
considered a request to use the composite return filing method.

(d) The electing partner must not have any Minnesota source income other than
the income from the partnership and other electing partnerships. If it is determined that
the electing partner has other Minnesota source income, the inclusion of the income
and tax liability for that partner under this provision will not constitute a return to
satisfy the requirements of subdivision 1. The tax paid for the individual as part of the
composite return is allowed as a payment of the tax by the individual on the date on
which the composite return payment was made. If the electing nonresident partner has no
other Minnesota source income, filing of the composite return is a return for purposes of
subdivision 1.

(e) This subdivision does not negate the requirement that an individual pay estimated
tax if the individual's liability would exceed the requirements set forth in section 289A.25.
deleted text begin A composite estimate may, however, be filed in a manner similar to and containing the
information required under paragraph (a). deleted text end new text begin The individual's liability to pay estimated tax
is, however, satisfied when the partnership pays composite estimated tax in the manner
prescribed in section 289A.25.
new text end

(f) If an electing partner's share of the partnership's gross income from Minnesota
sources is less than the filing requirements for a nonresident under this subdivision, the tax
liability is zero. However, a statement showing the partner's share of gross income must
be included as part of the composite return.

(g) The election provided in this subdivision is only available to a partner who has
no other Minnesota source income and who is either (1) a full-year nonresident individual
or (2) a trust or estate that does not claim a deduction under either section 651 or 661 of
the Internal Revenue Code.

(h) A corporation defined in section 290.9725 and its nonresident shareholders may
make an election under this paragraph. The provisions covering the partnership apply to
the corporation and the provisions applying to the partner apply to the shareholder.

(i) Estates and trusts distributing current income only and the nonresident individual
beneficiaries of the estates or trusts may make an election under this paragraph. The
provisions covering the partnership apply to the estate or trust. The provisions applying to
the partner apply to the beneficiary.

(j) For the purposes of this subdivision, "income" means the partner's share of
federal adjusted gross income from the partnership modified by the additions provided
in section 290.01, subdivision 19a, clauses (6) to (10), and the subtractions provided in:
(i) section 290.01, subdivision 19b, clause (8), to the extent the amount is assignable or
allocable to Minnesota under section 290.17; and (ii) section 290.01, subdivision 19b,
clause (13). The subtraction allowed under section 290.01, subdivision 19b, clause (8), is
only allowed on the composite tax computation to the extent the electing partner would
have been allowed the subtraction.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after
December 31, 2010.
new text end

Sec. 4.

Minnesota Statutes 2010, section 289A.12, is amended by adding a subdivision
to read:

new text begin Subd. 17. new text end

new text begin Third-party payers of sick pay benefits. new text end

new text begin (a) A third-party payer of sick
pay benefits who withholds income tax from the sick pay of an employee as agent for the
employer of the employee, and who remits that withholding tax to the commissioner must
file an annual report on a form prescribed by the commissioner. The report must include
the name and tax identification number of each employer for whom the payer has made
sick pay payments and the name, Social Security number, amount of sick pay paid, and
amount of tax withheld for each employee.
new text end

new text begin (b) The report must be filed with the commissioner on or before February 28 of the
year following the year in which the sick pay benefits were paid.
new text end

new text begin (c) The report required by this subdivision does not need to be filed if the third-party
payer, rather than the employer, has provided to the employee the annual statement
required under section 289A.09, subdivision 2, that includes the sick pay benefits paid
and the tax withheld.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for benefits paid after December
31, 2010.
new text end

Sec. 5.

Minnesota Statutes 2010, section 289A.25, subdivision 1, is amended to read:

Subdivision 1.

Requirements to pay.

An individual, trust, new text begin S corporation, new text end or
partnership must, when prescribed in subdivision 3, paragraph (b), make payments of
estimated tax. new text begin For individuals, new text end the term "estimated tax" means the amount the taxpayer
estimates is the sum of the taxes imposed by chapter 290 for the taxable year. new text begin For trusts,
S corporations, and partnerships, the term estimated tax means the amount the taxpayer
estimates is the sum of the taxes for the taxable year imposed by chapter 290 and the
composite income tax imposed by section 289A.08, subdivision 7. new text end If the individual is an
infant or incompetent person, the payments must be made by the individual's guardian. If
joint payments on estimated tax are made but a joint return is not made for the taxable
year, the estimated tax for that year may be treated as the estimated tax of either the
husband or the wife or may be divided between them.

Notwithstanding the provisions of this section, no payments of estimated tax are
required if the estimated tax, as defined in this subdivision, less the credits allowed against
the tax, is less than $500.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after
December 31, 2010.
new text end

Sec. 6.

Minnesota Statutes 2010, section 289A.25, subdivision 6, is amended to read:

Subd. 6.

Exception to addition to tax.

new text begin (a) For individuals, new text end no addition to the tax
deleted text begin shall be deleted text end new text begin is new text end imposed under this section for any taxable year if:

(1) the taxpayer did not have liability for tax for the preceding taxable year,

(2) the preceding taxable year was a taxable year of 12 months, and

(3) the individual deleted text begin or trust deleted text end was a resident of Minnesota throughout the preceding
taxable year.

new text begin (b) For trusts, S corporations, and partnerships, if in any previous taxable year the
entity was subject to taxation under chapter 290 or composite income tax is elected under
section 289A.08, subdivision 7, then an addition to the tax is imposed under this section.
In all other taxable years, no addition to tax is imposed under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after
December 31, 2010.
new text end

Sec. 7.

Minnesota Statutes 2010, section 289A.25, is amended by adding a subdivision
to read:

new text begin Subd. 14. new text end

new text begin Short taxable year. new text end

new text begin (a) A trust, S corporation, or partnership with a
short taxable year of less than 12 months, but at least four months, must pay estimated
tax in equal installments on or before the 15th day of the third, sixth, ninth, and final
month of the short taxable year, to the extent applicable based on the number of months
in the short taxable year.
new text end

new text begin (b) A trust, S corporation, or partnership is not required to make estimated tax
payments for a short taxable year unless its tax liability before the first day of the last
month of the taxable year can reasonably be expected to exceed $500.
new text end

new text begin (c) No payment is required by a trust, S corporation, or partnership for a short
taxable year of less than four months.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after
December 31, 2010.
new text end

Sec. 8.

Minnesota Statutes 2010, section 289A.26, subdivision 1, is amended to read:

Subdivision 1.

Minimum liability.

A corporation subject to taxation under chapter
290 (excluding section 290.92 new text begin and an S corporation under section 290.9725 new text end ) or an entity
subject to taxation under section 290.05, subdivision 3, must make payment of estimated
tax for the taxable year if its tax liability so computed can reasonably be expected to
exceed $500, or in accordance with rules prescribed by the commissioner for an affiliated
group of corporations filing one return under section 289A.08, subdivision 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after
December 31, 2010.
new text end

Sec. 9.

Minnesota Statutes 2010, section 289A.50, subdivision 10, is amended to read:

Subd. 10.

Limitation on refund.

new text begin (a) new text end If an addition to federal taxable income under
section 290.01, subdivision 19a, clause (1), is judicially determined to discriminate
against interstate commerce new text begin with respect to obligations of a certain character or type new text end , the
legislature intends that the discrimination be remedied by adding new text begin to federal taxable income
new text end interest on new text begin comparable new text end obligations of Minnesota governmental units and Indian tribes deleted text begin to
federal taxable income deleted text end . new text begin For purposes of this subdivision, "comparable obligation" means
obligations of the character or type that the court found to be unconstitutionally favored by
section 290.01, subdivision 19a, clause (1), whether based on the security for payment,
use of the proceeds, or any other factor identified as determinative by the court.
new text end

new text begin (b) new text end This subdivision applies beginning with the taxable years that begin during the
calendar year in which the court's decision is final. Other remedies apply for previous
taxable years.

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 2

DEPARTMENT POLICY: ESTATE TAX

Section 1.

Minnesota Statutes 2010, section 289A.18, subdivision 3, is amended to
read:

Subd. 3.

Estate tax returns.

An estate tax return must be filed with the
commissioner within nine months after the decedent's death. new text begin Except in the case of the
estate of a decedent dying after December 31, 2009, and before December 17, 2010, then
an estate tax return must be filed with the commissioner within nine months after the
decedent's death; within the time provided by section 289A.19, subdivision 4; or before
September 20, 2011; whichever is later.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for estates of decedents dying after
December 31, 2009.
new text end

Sec. 2.

Minnesota Statutes 2010, section 289A.35, is amended to read:

289A.35 ASSESSMENTS ON RETURNS.

new text begin (a) new text end The commissioner may audit and adjust the taxpayer's computation of federal
taxable income, items of federal tax preferences, or federal credit amounts to make them
conform with the provisions of chapter 290 or section 298.01. If a return has been filed,
the commissioner shall enter the liability reported on the return and may make any audit
or investigation that is considered necessary.

new text begin (b) The commissioner may audit and adjust the taxpayer's computation of tax under
chapter 291. In the case of a return filed pursuant to section 289A.10, the commissioner
shall notify the estate no later than nine months after the filing date, as provided by section
289A.38, subdivision 2, whether the return is under examination or the return has been
processed as filed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for estates of decedents dying after
December 31, 2010.
new text end

Sec. 3.

Minnesota Statutes 2010, section 289A.38, subdivision 5, is amended to read:

Subd. 5.

False or fraudulent return; no return.

Notwithstanding the limitations
under deleted text begin subdivisions deleted text end new text begin subdivision new text end 1 deleted text begin and 3 deleted text end , the tax may be assessed at any time if a false or
fraudulent return is filed or when a taxpayer fails to file a return.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for estates of decedents dying after
December 31, 2010.
new text end

Sec. 4.

Minnesota Statutes 2010, section 291.03, subdivision 1b, is amended to read:

Subd. 1b.

Qualified terminable interest property.

For estates of decedents dying
after December 31, 2009, and before January 1, 2011, if deleted text begin no federal estate tax return is
filed deleted text end new text begin a federal election under section 301(c) of the Tax Relief, Unemployment Insurance
Reauthorization, and Job Creation Act of 2010, Public Law 111-312, is made, new text end the executor
may make a qualified terminable interest property election, as defined in section 2056(b)(7)
of the Internal Revenue Code, for purposes of computing the tax under this chapter. The
election may not reduce the taxable estate under this chapter below $3,500,000. The
election must be made on the tax return under this chapter and is irrevocable. All tax under
this chapter must be determined using the qualified terminable interest property election
made on the Minnesota return. For purposes of applying sections 2044 and 2207A of
the Internal Revenue Code when computing the tax under this chapter for the estate of
the decedent's surviving spouse, regardless of the date of death of the surviving spouse,
amounts for which a qualified terminable interest property election has been made under
this section must be treated as though a valid federal qualified terminable interest property
election under section 2056(b)(7) of the Internal Revenue Code has been made.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for estates of decedents dying after
December 31, 2009.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 289A.38, subdivision 3, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for estates of decedents dying after
December 31, 2010.
new text end

ARTICLE 3

DEPARTMENT POLICY: PROPERTY TAX

Section 1.

Minnesota Statutes 2010, section 270.87, is amended to read:

270.87 CERTIFICATION TO COUNTY ASSESSORS.

After making an annual determination of the equalized fair market value of the
operating property of each company in each of the respective counties, and in the taxing
districts therein, the commissioner shall certify the equalized fair market value to the
county assessor on or before June 30. The equalized fair market value of the operating
property of the railroad company in the county and the taxing districts therein is the value
on which taxes must be levied and collected in the same manner as on the commercial and
industrial property of such county and the taxing districts therein. new text begin If the commissioner
determines that the equalized fair market value certified on or before June 30 is in error,
the commissioner may issue a corrected certification on or before August 31.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes payable in 2012 and
thereafter.
new text end

Sec. 2.

Minnesota Statutes 2010, section 272.029, is amended by adding a subdivision
to read:

new text begin Subd. 4a. new text end

new text begin Correction of errors. new text end

new text begin If the commissioner of revenue determines that
the amount of production tax has been erroneously calculated, the commissioner may
correct the error. The commissioner must notify the owner of the wind energy conversion
system of the correction and the amount of tax due to each county and must certify the
correction to the county auditor of each county in which the system is located on or before
April 1 of the current year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning with certifications due
February 28, 2012.
new text end

Sec. 3.

Minnesota Statutes 2010, section 273.124, subdivision 8, is amended to read:

Subd. 8.

Homestead owned by or leased to family farm corporation, joint farm
venture, limited liability company, or partnership.

(a) Each family farm corporation;
each joint family farm venture; and each limited liability company or partnership which
operates a family farm; is entitled to class 1b under section 273.13, subdivision 22,
paragraph (b), or class 2a assessment for one homestead occupied by a shareholder,
member, or partner thereof who is residing on the land, and actively engaged in farming of
the land owned by the family farm corporation, joint family farm venture, limited liability
company, or partnership. Homestead treatment applies even if legal title to the property is
in the name of the family farm corporation, joint family farm venture, limited liability
company, or partnership, and not in the name of the person residing on it.

"Family farm corporation," "family farm," and "partnership operating a family
farm" have the meanings given in section 500.24, except that the number of allowable
shareholders, members, or partners under this subdivision shall not exceed 12. "Limited
liability company" has the meaning contained in sections 322B.03, subdivision 28, and
500.24, subdivision 2, paragraphs (l) and (m). "Joint family farm venture" means a
cooperative agreement among two or more farm enterprises authorized to operate a family
farm under section 500.24.

(b) In addition to property specified in paragraph (a), any other residences owned
by family farm corporations, joint family farm ventures, limited liability companies,
or partnerships described in paragraph (a) which are located on agricultural land and
occupied as homesteads by its shareholders, members, or partners who are actively
engaged in farming on behalf of that corporation, joint farm venture, limited liability
company, or partnership must also be assessed as class 2a property or as class 1b property
under section 273.13.

(c) Agricultural property that is owned by a member, partner, or shareholder of a
family farm corporation or joint family farm venture, limited liability company operating
a family farm, or by a partnership operating a family farm and leased to the family farm
corporation, limited liability company, partnership, or joint farm venture, as defined in
paragraph (a), is eligible for classification as class 1b or class 2a under section 273.13, if
the owner is actually residing on the property, and is actually engaged in farming the land
on behalf of that corporation, joint farm venture, limited liability company, or partnership.
This paragraph applies without regard to any legal possession rights of the family farm
corporation, joint family farm venture, limited liability company, or partnership under
the lease.

(d) new text begin Nonhomestead new text end agricultural property that deleted text begin (1) deleted text end is owned by a family farm
corporation, joint farm venture, limited liability company, or partnership new text begin ; new text end and deleted text begin (2)
is contiguous to a class 2a homestead under section 273.13, subdivision 23, or if
noncontiguous, is deleted text end located deleted text begin in the same township or city, or deleted text end not farther than four townships
or cities, or combination thereof from deleted text begin a class 2a homestead, and the class 2a homestead is
owned by one of the shareholders, members, or partners deleted text end new text begin agricultural land that is owned,
and used for the purposes of a homestead by an individual who is a shareholder, member,
or partner of the corporation, venture, company, or partnership new text end ; is entitled to receive the
first tier homestead class rate deleted text begin up to the first tier maximum market value deleted text end on any remaining
market value deleted text begin not received on deleted text end new text begin in the first homestead class tier that is in excess of the
market value of new text end the shareholder's, member's, or partner's deleted text begin homestead deleted text end class deleted text begin 2a deleted text end new text begin 2 agricultural
homestead new text end property deleted text begin . deleted text end new text begin , if new text end the owner deleted text begin must notify deleted text end new text begin , or someone acting on the owner's behalf
notifies new text end the county assessor by July 1 that deleted text begin a portion of the market value deleted text end new text begin the property may
be eligible new text end under this deleted text begin subdivision may be eligible for homestead classification deleted text end new text begin paragraph
new text end for the current assessment year, for taxes payable in the following year. new text begin As used in this
paragraph, "agricultural property" means property classified as 2a under section 273.13,
along with any contiguous property classified as 2b under section 273.13, if the contiguous
2a and 2b properties are under the same ownership.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively for taxes payable in
2011 and thereafter.
new text end

Sec. 4.

Minnesota Statutes 2010, section 273.13, subdivision 22, is amended to read:

Subd. 22.

Class 1.

(a) Except as provided in subdivision 23 and in paragraphs (b)
and (c), real estate which is residential and used for homestead purposes is class 1a. In the
case of a duplex or triplex in which one of the units is used for homestead purposes, the
entire property is deemed to be used for homestead purposes. The market value of class 1a
property must be determined based upon the value of the house, garage, and land.

The first $500,000 of market value of class 1a property has a net class rate of
one percent of its market value; and the market value of class 1a property that exceeds
$500,000 has a class rate of 1.25 percent of its market value.

(b) Class 1b property includes homestead real estate or homestead manufactured
homes used for the purposes of a homestead by:

(1) any person who is blind as defined in section 256D.35, or the blind person and
the blind person's spouse;

(2) any person who is permanently and totally disabled or by the disabled person and
the disabled person's spouse; or

(3) the surviving spouse of a permanently and totally disabled veteran homesteading
a property classified under this paragraph for taxes payable in 2008.

Property is classified and assessed under clause (2) only if the government agency or
income-providing source certifies, upon the request of the homestead occupant, that the
homestead occupant satisfies the disability requirements of this paragraph, and that the
property is not eligible for the valuation exclusion under subdivision 34.

Property is classified and assessed under paragraph (b) only if the commissioner
of revenue or the county assessor certifies that the homestead occupant satisfies the
requirements of this paragraph.

Permanently and totally disabled for the purpose of this subdivision means a
condition which is permanent in nature and totally incapacitates the person from working
at an occupation which brings the person an income. The first $50,000 market value of
class 1b property has a net class rate of .45 percent of its market value. The remaining
market value of class 1b property has a class rate using the rates for class 1a or class 2a
property, whichever is appropriate, of similar market value.

(c) Class 1c property is commercial use real and personal property that abuts public
water as defined in section 103G.005, subdivision 15, and is devoted to temporary and
seasonal residential occupancy for recreational purposes but not devoted to commercial
purposes for more than 250 days in the year preceding the year of assessment, and that
includes a portion used as a homestead by the owner, which includes a dwelling occupied
as a homestead by a shareholder of a corporation that owns the resort, a partner in a
partnership that owns the resort, or a member of a limited liability company that owns
the resort even if the title to the homestead is held by the corporation, partnership, or
limited liability company. For purposes of this paragraph, property is devoted to a
commercial purpose on a specific day if any portion of the property, excluding the portion
used exclusively as a homestead, is used for residential occupancy and a fee is charged
for residential occupancy. Class 1c property must contain three or more rental units. A
"rental unit" is defined as a cabin, condominium, townhouse, sleeping room, or individual
camping site equipped with water and electrical hookups for recreational vehicles. Class
1c property must provide recreational activities such as the rental of ice fishing houses,
boats and motors, snowmobiles, downhill or cross-country ski equipment; provide marina
services, launch services, or guide services; or sell bait and fishing tackle. Any unit in
which the right to use the property is transferred to an individual or entity by deeded
interest, or the sale of shares or stock, no longer qualifies for class 1c even though it may
remain available for rent. A camping pad offered for rent by a property that otherwise
qualifies for class 1c is also class 1c, regardless of the term of the rental agreement, as long
as the use of the camping pad does not exceed 250 days. deleted text begin If an owner of property that had
been classified as class 1c ceases to use that property as a homestead but retains ownership
of that property and continues to operate it as a resort, and begins to occupy a second
property that is deleted text end new text begin If the same owner owns two separate parcels that are new text end located in the same
township deleted text begin as the original class 1c property deleted text end new text begin , and one of those properties is classified as a
class 1c property and the other would be eligible to be classified as a class 1c property if it
was used as the homestead of the owner new text end , both properties will be assessed as a single class
1c property deleted text begin , provided that the second property would separately qualify to be assessed
as class 1c property deleted text end new text begin ; for purposes of this sentence, properties are deemed to be owned
by the same owner if each of them is owned by a limited liability company, and both
limited liability companies have the same membership new text end . The portion of the property used
as a homestead is class 1a property under paragraph (a). The remainder of the property is
classified as follows: the first $600,000 of market value is tier I, the next $1,700,000 of
market value is tier II, and any remaining market value is tier III. The class rates for class
1c are: tier I, 0.50 percent; tier II, 1.0 percent; and tier III, 1.25 percent. Owners of real and
personal property devoted to temporary and seasonal residential occupancy for recreation
purposes in which all or a portion of the property was devoted to commercial purposes for
not more than 250 days in the year preceding the year of assessment desiring classification
as class 1c, must submit a declaration to the assessor designating the cabins or units
occupied for 250 days or less in the year preceding the year of assessment by January 15 of
the assessment year. Those cabins or units and a proportionate share of the land on which
they are located must be designated as class 1c as otherwise provided. The remainder of
the cabins or units and a proportionate share of the land on which they are located must be
designated as class 3a commercial. The owner of property desiring designation as class
1c property must provide guest registers or other records demonstrating that the units for
which class 1c designation is sought were not occupied for more than 250 days in the
year preceding the assessment if so requested. The portion of a property operated as a
(1) restaurant, (2) bar, (3) gift shop, (4) conference center or meeting room, and (5) other
nonresidential facility operated on a commercial basis not directly related to temporary
and seasonal residential occupancy for recreation purposes does not qualify for class 1c.

(d) Class 1d property includes structures that meet all of the following criteria:

(1) the structure is located on property that is classified as agricultural property under
section 273.13, subdivision 23;

(2) the structure is occupied exclusively by seasonal farm workers during the time
when they work on that farm, and the occupants are not charged rent for the privilege of
occupying the property, provided that use of the structure for storage of farm equipment
and produce does not disqualify the property from classification under this paragraph;

(3) the structure meets all applicable health and safety requirements for the
appropriate season; and

(4) the structure is not salable as residential property because it does not comply
with local ordinances relating to location in relation to streets or roads.

The market value of class 1d property has the same class rates as class 1a property
under paragraph (a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes levied in 2011, payable
in 2012, and thereafter.
new text end

Sec. 5.

Minnesota Statutes 2010, section 273.33, subdivision 2, is amended to read:

Subd. 2.

Listing and assessment by commissioner.

The personal property,
consisting of the pipeline system of mains, pipes, and equipment attached thereto, of
pipeline companies and others engaged in the operations or business of transporting natural
gas, gasoline, crude oil, or other petroleum products by pipelines, shall be listed with and
assessed by the commissioner of revenue and the values provided to the city or county
assessor by order. This subdivision shall not apply to the assessment of the products
transported through the pipelines nor to the lines of local commercial gas companies
engaged primarily in the business of distributing gas to consumers at retail nor to pipelines
used by the owner thereof to supply natural gas or other petroleum products exclusively
for such owner's own consumption and not for resale to others. If more than 85 percent
of the natural gas or other petroleum products actually transported over the pipeline is
used for the owner's own consumption and not for resale to others, then this subdivision
shall not apply; provided, however, that in that event, the pipeline shall be assessed in
proportion to the percentage of gas actually transported over such pipeline that is not used
for the owner's own consumption. On or before August 1, the commissioner shall certify
to the auditor of each county, the amount of such personal property assessment against
each company in each district in which such property is located. new text begin If the commissioner
determines that the amount of personal property assessment certified on or before August
1 is in error, the commissioner may issue a corrected certification on or before October 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes payable in 2012 and
thereafter.
new text end

Sec. 6.

Minnesota Statutes 2010, section 273.37, subdivision 2, is amended to read:

Subd. 2.

Listing and assessment by commissioner.

Transmission lines of less
than 69 kv, transmission lines of 69 kv and above located in an unorganized township,
and distribution lines, and equipment attached thereto, having a fixed situs outside the
corporate limits of cities except distribution lines taxed as provided in sections 273.40
and 273.41, shall be listed with and assessed by the commissioner of revenue in the
county where situated and the values provided to the city or county assessor by order.
The commissioner shall assess such property at the percentage of market value fixed by
law; and, on or before August 1, shall certify to the auditor of each county in which
such property is located the amount of the assessment made against each company and
person owning such property. new text begin If the commissioner determines that the amount of the
assessment certified on or before August 1 is in error, the commissioner may issue a
corrected certification on or before October 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes payable in 2012 and
thereafter.
new text end

Sec. 7.

Minnesota Statutes 2010, section 273.3711, is amended to read:

273.3711 RECOMMENDED AND ORDERED VALUES.

For purposes of sections 273.33, 273.35, 273.36, 273.37, 273.371, and 273.372,
all values not required to be listed and assessed by the commissioner of revenue are
recommended values. new text begin If the commissioner provides recommended values, the values must
be certified to the auditor of each county in which the property is located on or before
August 1. If the commissioner determines that the certified recommended value is in error
the commissioner may issue a corrected certification on or before October 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes payable in 2012 and
thereafter.
new text end

Sec. 8.

Minnesota Statutes 2010, section 274.175, is amended to read:

274.175 VALUES FINALIZED.

The assessments recorded by the county assessor and the county auditor under
sections 273.124, subdivision 9; 274.16; 274.17; or other law for real and personal
property are final on July 1 of the assessment year, except for property added to the
assessment rolls under section 272.02, subdivision 38, and assessments certified to the
auditor under sections new text begin 270.87; new text end 273.33, subdivision 2 deleted text begin , and deleted text end new text begin ; new text end 273.37, subdivision 2 deleted text begin , deleted text end new text begin ; and
273.3711 new text end or deleted because of tax forfeiture pursuant to chapter 281. No changes in value
may be made after July 1 of the assessment year, except for corrections permitted in
sections 273.01 and 274.01, or assessments certified to the auditor under sections new text begin 270.87; new text end
273.33, subdivision 2 deleted text begin , and deleted text end new text begin ; new text end 273.37, subdivision 2 new text begin ; and 273.3711 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes payable in 2012 and
thereafter.
new text end

ARTICLE 4

DEPARTMENT POLICY: SALES AND USE TAX

Section 1.

Minnesota Statutes 2010, section 289A.60, subdivision 31, is amended to
read:

Subd. 31.

Accelerated payment of monthly sales tax liability; penalty for
underpayment.

For payments made after September 1, 2010, if a vendor is required
by section 289A.20, subdivision 4, paragraph (a), clause (2), item (i) or (ii), to make
accelerated payments, then the penalty for underpayment is as follows:

(a) For those vendors that must remit a 90 percent payment by the 14th day of the
month following the month in which the taxable event occurred, as an estimation of new text begin the
new text end monthly sales tax deleted text begin liabilities deleted text end new text begin liability new text end , including the liability of any fee or other tax that
is to be reported on the same return as and paid with the chapter 297A taxes, for the
month in which the taxable event occurred, the vendor shall pay a penalty equal to ten
percent of the amount of liability that was required to be paid by the 14th day of the
month, less the amount remitted by the 14th day of the month. The penalty must not be
imposed, however, if the amount remitted by the 14th day of the month equals the least
of: (1) 90 percent of the liability for the month preceding the month in which the taxable
event occurred; (2) 90 percent of the liability for the same month in the previous calendar
year as the month in which the taxable event occurred; or (3) 90 percent of the average
monthly liability for the previous calendar year.

(b) For those vendors that, on or before the 20th day of the month in which the
taxable event occurs, must remit to the commissioner a prepayment of new text begin the new text end sales tax
deleted text begin liabilities deleted text end new text begin liability new text end for the month in which the taxable event occurs equal to 67 percent of
the deleted text begin liabilities deleted text end new text begin liability new text end for the previous month, including the liability of any fee or other tax
that is to be reported on the same return as and paid with the chapter 297A taxes, for the
month in which the taxable event occurred, the vendor shall pay a penalty equal to ten
percent of the amount of liability that was required to be paid by the 20th of the month,
less the amount remitted by the 20th of the month. The penalty must not be imposed,
however, if the amount remitted by the 20th of the month equals the lesser of deleted text begin 67 percent
of the liability for the month preceding the month in which the taxable event occurred
or deleted text end new text begin : (1) new text end 67 percent of the liability of the same month in the previous calendar year as the
month in which the taxable event occurred new text begin ; or (2) an amount equal to the liability for the
month in which the taxable event occurred new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for sales and purchases made after
June 30, 2011.
new text end

Sec. 2.

Minnesota Statutes 2010, section 297A.62, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Transitional period for services. new text end

new text begin When there is a change in the rate of tax
imposed by this section, the following transitional period shall apply to the retail sale of
services covering a billing period starting before and ending after the statutory effective
date of the rate change:
new text end

new text begin (1) for a rate increase, the new rate shall apply to the first billing period starting
on or after the effective date; and
new text end

new text begin (2) for a rate decrease, the new rate shall apply to bills rendered on or after the
effective date.
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 2010, section 297A.63, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Transitional period for services. new text end

new text begin When there is a change in the rate of
tax imposed by this section, the following transitional period shall apply to the taxable
services purchased for use, storage, distribution, or consumption in this state when the
service purchased covers a billing period starting before and ending after the statutory
effective date of the rate change:
new text end

new text begin (1) for a rate increase, the new rate shall apply to the first billing period starting
on or after the effective date; and
new text end

new text begin (2) for a rate decrease, the new rate shall apply to bills rendered on or after the
effective date.
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. 4.

Minnesota Statutes 2010, section 297A.668, subdivision 7, is amended to read:

Subd. 7.

new text begin Advertising and promotional new text end direct mail.

(a) Notwithstanding other
subdivisions of this section, new text begin the provisions in paragraphs (b) to (e) apply to the sale of
advertising and promotional direct mail. "Advertising and promotional direct mail" means
printed material that is direct mail as defined in section 297A.61, subdivision 35, the
primary purpose of which is to attract public attention to a product, person, business, or
organization, or to attempt to sell, popularize, or secure financial support for a person,
business, organization, or product. "Product" includes tangible personal property, a digital
product transferred electronically, or a service.
new text end

new text begin (b) new text end A purchaser of new text begin advertising and promotional new text end direct mail deleted text begin that is not a holder of
a direct pay permit shall provide to the seller, in conjunction with the purchase, either a
direct mail form or deleted text end new text begin may provide the seller with either:
new text end

new text begin (1) a fully completed exemption certificate as described in section 297A.72
indicating that the purchaser is authorized to pay any sales or use tax due on purchases
made by the purchaser directly to the commissioner under section 297A.89;
new text end

new text begin (2) a fully completed exemption certificate claiming an exemption for direct mail; or
new text end

new text begin (3) new text end information deleted text begin to show deleted text end new text begin showing new text end the jurisdictions to which the new text begin advertising and
promotional new text end direct mail is new text begin to be new text end delivered to recipients.

deleted text begin (1) Upon receipt of the direct mail form, deleted text end new text begin (c) In the absence of bad faith, if the
purchaser provides one of the exemption certificates indicated in paragraph (b), clauses (1)
and (2), new text end the seller is relieved of all obligations to collect, pay, or remit the applicable tax
and the purchaser is obligated to pay or remit the deleted text begin applicable tax on a direct pay basis. A
direct mail form remains in effect for all future sales of direct mail by the seller to the
purchaser until it is revoked in writing. deleted text end new text begin tax on any transaction involving advertising and
promotional direct mail to which the certificate applies. The purchaser shall source the
sale to the jurisdictions to which the advertising and promotional direct mail is to be
delivered to the recipients of the mail, and shall report and pay any applicable tax due.
new text end

deleted text begin (2) Upon receipt of deleted text end new text begin (d) If the purchaser provides the seller new text end information deleted text begin from the
purchaser deleted text end showing the jurisdictions to which the new text begin advertising and promotional new text end direct mail
is new text begin to be new text end delivered to recipients, the seller shall new text begin source the sale to the jurisdictions to which
the advertising and promotional direct mail is to be delivered and shall new text end collect new text begin and remit new text end
the new text begin applicable new text end tax deleted text begin according to the delivery information provided by the purchaser deleted text end . In
the absence of bad faith, the seller is relieved of any further obligation to collect new text begin any
additional new text end tax on deleted text begin any transaction for which deleted text end new text begin the sale of advertising and promotional direct
mail where new text end the seller has deleted text begin collected tax pursuant deleted text end new text begin sourced the sale according new text end to the delivery
information provided by the purchaser.

deleted text begin (b) deleted text end new text begin (e) new text end If the purchaser deleted text begin of direct mail deleted text end does not deleted text begin have a direct pay permit and does
not deleted text end provide the seller with deleted text begin either a direct mail form or delivery information, as required
by paragraph (a), the seller shall collect the tax according to deleted text end new text begin any of the items listed in
paragraph (b), the sale shall be sourced under new text end subdivision 2, paragraph (f). Nothing in
this paragraph limits a purchaser's obligation for sales or use tax to any state to which the
direct mail is delivered.

deleted text begin (c) If a purchaser of direct mail provides the seller with documentation of direct
pay authority, the purchaser is not required to provide a direct mail form or delivery
information to the seller.
deleted text end

new text begin (f) This subdivision does not apply to printed materials that result from developing
billing information or providing any data processing service that is more than incidental
to producing the printed materials, regardless of whether advertising and promotional
direct mail is included in the same mailing.
new text end

new text begin (g) If a transaction is a bundled transaction that includes advertising and promotional
direct mail, this subdivision applies only if the primary purpose of the transaction is the sale
of products or services that meet the definition of advertising and promotional direct mail.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for sales and purchases made after
June 30, 2011.
new text end

Sec. 5.

Minnesota Statutes 2010, section 297A.668, is amended by adding a
subdivision to read:

new text begin Subd. 7a. new text end

new text begin Other direct mail. new text end

new text begin (a) Notwithstanding other subdivisions of this section,
the provisions in paragraphs (b) and (c) apply to the sale of other direct mail. "Other direct
mail" means printed material that is direct mail as defined in section 297A.61, subdivision
35, but is not advertising and promotional direct mail as described in subdivision 7,
regardless of whether advertising and promotional direct mail is included in the same
mailing. Other direct mail includes, but is not limited to:
new text end

new text begin (1) direct mail pertaining to a transaction between the purchaser and addressee,
where the mail contains personal information specific to the addressee including, but not
limited to, invoices, bills, statements of account, and payroll advices;
new text end

new text begin (2) any legally required mailings including, but not limited to, privacy notices,
tax reports, and stockholder reports; and
new text end

new text begin (3) other nonpromotional direct mail delivered to existing or former shareholders,
customers, employees, or agents including, but not limited to, newsletters and
informational pieces.
new text end

new text begin Other direct mail does not include printed materials that result from developing
billing information or providing any data processing service that is more than incidental to
producing the other direct mail.
new text end

new text begin (b) A purchaser of other direct mail may provide the seller with either a fully
completed exemption certificate as described in section 297A.72 indicating that the
purchaser is authorized to pay any sales or use tax due on purchases made by the purchaser
directly to the commissioner under section 297A.89, or a fully completed exemption
certificate claiming an exemption for direct mail. If the purchaser provides one of the
exemption certificates listed, then the seller, in the absence of bad faith, is relieved of all
obligations to collect, pay, or remit the tax on any transaction involving other direct mail
to which the certificate applies. The purchaser shall source the sale to the jurisdictions to
which the other direct mail is to be delivered to the recipients of the mail, and shall report
and pay any applicable tax due.
new text end

new text begin (c) If the purchaser does not provide the seller with a fully completed exemption
certificate claiming either exemption listed in paragraph (b), the sale shall be sourced
according to subdivision 2, paragraph (d).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for sales and purchases made after
June 30, 2011.
new text end

Sec. 6.

Laws 1986, chapter 462, section 31, as amended by Laws 1991, chapter 291,
article 8, section 24, is amended to read:

Sec. 31. AUTHORITY FOR TAXATION.

Notwithstanding Minnesota Statutes, section 477A.016, or any other law, and
supplemental to the tax imposed by Laws 1982, chapter 523, article 25, section 1, the city
of St. Paul may impose, by ordinance, a tax, at a rate not greater than three percent, on the
gross receipts from the furnishing for consideration of lodging new text begin and related services new text end at a
hotel, rooming house, tourist court, motel, or resort, other than the renting or leasing of
space for a continuous period of 30 days or more. The tax does not apply to the furnishing
of lodging new text begin and related services new text end by a business having less than 50 lodging rooms. The tax
shall be collected by and its proceeds paid to the city. Ninety-five percent of the revenues
generated by this tax shall be used to fund a convention bureau to market and promote
the city as a tourist or convention center.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for sales and purchases made after
June 30, 2011.
new text end

ARTICLE 5

DEPARTMENT POLICY: MISCELLANEOUS

Section 1.

Minnesota Statutes 2010, section 69.031, subdivision 1, is amended to read:

Subdivision 1.

Commissioner's warrant.

(a) The commissioner of management
and budget shall issue to the Public Employees Retirement Association on behalf of
a municipality or independent nonprofit firefighting corporation that is a member of the
voluntary statewide lump-sum volunteer firefighter retirement plan under chapter 353G
or to the county, municipality, or independent nonprofit firefighting corporation certified
to the commissioner of management and budget by the commissioner a warrant for an
amount equal to the amount of fire state aid or police state aid, whichever applies, certified
for the applicable state aid recipient by the commissioner under section 69.021.

(b) The amount of state aid due and not paid by October 1 accrues interest at the rate
of one percent for each month or part of a month the amount remains unpaid deleted text begin , beginning
the preceding July 1 deleted text end new text begin after October 1 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. 2.

new text begin [270C.101] APPLICATION FOR BUSINESS REGISTRATION;
CERTAIN INFORMATION NOT REQUIRED.
new text end

new text begin Notwithstanding any law to the contrary, an entity applying for a Minnesota business
tax account number is not required to list the names, home addresses, and Social Security
numbers of its officers or directors when the entity applying for an account number is an
instrumentality of a state, a local, or the federal government, or a tribal government.
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.

new text begin [270C.301] ROUNDING OF DOLLAR AMOUNTS REPORTED ON
TAX FORMS.
new text end

new text begin Where not otherwise provided by law, in computing the dollar amount of items
reported on any return or other document, and accompanying schedules, filed with the
commissioner, money items may, in the discretion of the commissioner, be rounded off to
the nearest whole dollar amount, disregarding amounts less than 50 cents and increasing
amounts of 50 cents to 99 cents to the next highest dollar.
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. 4.

Minnesota Statutes 2010, section 270C.32, subdivision 3, is amended to read:

Subd. 3.

Third-party subpoena where taxpayer's identity is known.

(a) An
examination or investigation may extend to a person that the commissioner determines has
access to information that may be relevant to the examination or investigation. When a
subpoena requiring the production of records as described in subdivision 1 is served on a
third-party record keeper, written notice of the subpoena must be mailed to the taxpayer
and to any other person who is identified in the subpoena. The notices must be given
within three days of the day on which the subpoena is served. The notice required by this
subdivision is sufficient if it is mailed to the last known address of the addressee.

(b) The provisions of this subdivision regarding notice to the taxpayer or other
parties identified in the subpoena do not apply if there is reasonable cause to believe
that the giving of notice may lead to attempts to conceal, destroy, or alter records or
assets relevant to the examination, to prevent the communication of information from
other persons through intimidation, bribery, or collusion, or to flee to avoid prosecution,
testifying, or production of records. new text begin Notice is not required under this subdivision or under
another law if the taxpayer or other parties identified in the subpoena are under criminal
investigation, and the subpoena has been issued as part of the criminal investigation.
new text end

new text begin (c) A third-party record keeper who is advised that a subpoena has been issued as
part of a criminal investigation is prohibited from informing by any means the taxpayer
or other parties identified in the subpoena of the receipt of the subpoena, the contents of
the subpoena, or the fact that the taxpayer or other parties identified may be or are under
criminal investigation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for subpoenas served after the day
following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2010, section 270C.64, is amended to read:

270C.64 CREDIT OF OVERPAYMENT new text begin OR PAYMENT new text end TO DELINQUENT
TAX LIABILITIES.

Notwithstanding any other provision of law to the contrary, in the case of an
overpayment of any tax collected by the commissioner new text begin , or any refund, credit, claim, or
other payment payable by the commissioner to any person under a law administered by the
commissioner new text end , the commissioner may credit the amount of such overpayment new text begin or payment new text end
against any uncontested delinquent tax liability on the part of the deleted text begin taxpayer deleted text end new text begin person new text end who
deleted text begin made deleted text end new text begin is entitled to new text end the overpayment new text begin or payment new text end . An overpayment new text begin or payment new text end may be
credited under this section only if the uncontested delinquent liability has been assessed
within ten years of the date on which the overpayment new text begin or payment new text end is credited. However,
this limitation shall not be applicable if the delinquent liability has been entered into
judgment or if legal action is pending for collection of the liability or for renewal of the
judgment. An amount paid as tax shall constitute an overpayment even if in fact there was
no tax liability with respect to which such amount was paid.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for liabilities becoming delinquent
after the day of final enactment.
new text end

Sec. 6.

Minnesota Statutes 2010, section 270C.711, is amended to read:

270C.711 ACQUISITION AND RESALE OF SEIZED PROPERTY.

For the purpose of enabling the commissioner to purchase or redeem seized property
in which the state of Minnesota has an interest arising from a lien for unpaid taxes, or
to provide for the operating costs of collection activities of the department, there is
appropriated to the commissioner an amount representing the cost of such purchases,
redemptions, or collection activities. Seized property acquired by the state of Minnesota
to satisfy unpaid taxes shall be resold by the commissioner. The commissioner shall
preserve the value of seized property while controlling it, including but not limited to
the procurement of insurance. For the purpose of refunding the proceeds from the sale
of levied or redeemed property which are in excess of the actual tax liability plus costs
of acquiring the property, there is hereby created a levied and redeemed property refund
account in the agency fund. All amounts deposited into this account are appropriated to
the commissioner. The commissioner shall report deleted text begin quarterly deleted text end new text begin annually new text end on the status of this
program to the chairs new text begin and ranking minority members new text end of the deleted text begin house of representatives
taxes and Ways and Means Committees and senate Taxes and Tax Laws and Finance
Committees deleted text end new text begin legislative committees having jurisdiction over taxes and finance of the house
of representatives and senate 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. 7.

Minnesota Statutes 2010, section 287.05, subdivision 2, is amended to read:

Subd. 2.

Supplemental mortgages.

new text begin (a) new text end Except for an amendment or a revision to a
reverse mortgage as described under subdivision 6, any document that alters an existing
mortgage by providing for an increase in the amount of debt secured by real property
located in this state, or, in the case of a multistate mortgage described in subdivision 1,
paragraph (b), an increase in the percentage of Minnesota real estate as compared to
the total real estate that is encumbered by the mortgage, shall be taxed based upon the
increase in the amount of the debt determined to be secured by real property located in
this state under either subdivision 1 or 1a.

new text begin (b) Except as provided in subdivision 3, any document that alters an existing
mortgage to secure debt that was (i) advanced, (ii) repaid in whole or in part, and (iii) then
readvanced in whole or in part, shall be taxed based upon the new amounts advanced, even
if the maximum debt previously secured by the mortgage is not exceeded.
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. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 290.06, subdivision 10; and 290A.27, new text end new text begin are repealed.
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

ARTICLE 6

DEPARTMENT TECHNICAL: INCOME TAX

Section 1.

Minnesota Statutes 2010, section 290.01, subdivision 19a, as amended by
Laws 2011, chapter 8, section 3, is amended to read:

Subd. 19a.

Additions to federal taxable income.

For individuals, estates, and
trusts, there shall be added to federal taxable income:

(1)(i) interest income on obligations of any state other than Minnesota or a political
or governmental subdivision, municipality, or governmental agency or instrumentality
of any state other than Minnesota exempt from federal income taxes under the Internal
Revenue Code or any other federal statute; and

(ii) exempt-interest dividends as defined in section 852(b)(5) of the Internal Revenue
Code, except:

(A) the portion of the exempt-interest dividends exempt from state taxation under
the laws of the United States; and

(B) the portion of the exempt-interest dividends derived from interest income
on obligations of the state of Minnesota or its political or governmental subdivisions,
municipalities, governmental agencies or instrumentalities, but only if the portion of the
exempt-interest dividends from such Minnesota sources paid to all shareholders represents
95 percent or more of the exempt-interest dividends, including any dividends exempt
under subitem (A), that are paid by the regulated investment company as defined in section
851(a) of the Internal Revenue Code, or the fund of the regulated investment company as
defined in section 851(g) of the Internal Revenue Code, making the payment; and

(iii) for the purposes of items (i) and (ii), interest on obligations of an Indian tribal
government described in section 7871(c) of the Internal Revenue Code shall be treated as
interest income on obligations of the state in which the tribe is located;

(2) the amount of income, sales and use, motor vehicle sales, or excise taxes paid
or accrued within the taxable year under this chapter and the amount of taxes based on
net income paid, sales and use, motor vehicle sales, or excise taxes paid to any other
state or to any province or territory of Canada, to the extent allowed as a deduction
under section 63(d) of the Internal Revenue Code, but the addition may not be more
than the amount by which the itemized deductions as allowed under section 63(d) of
the Internal Revenue Code exceeds the amount of the standard deduction as defined in
section 63(c) of the Internal Revenue Code, disregarding the amounts allowed under
sections 63(c)(1)(C) and 63(c)(1)(E) of the Internal Revenue Code. For the purpose of
this paragraph, the disallowance of itemized deductions under section 68 of the Internal
Revenue Code of 1986, income, sales and use, motor vehicle sales, or excise taxes are
the last itemized deductions disallowed;

(3) the capital gain amount of a lump-sum distribution to which the special tax under
section 1122(h)(3)(B)(ii) of the Tax Reform Act of 1986, Public Law 99-514, applies;

(4) the amount of income taxes paid or accrued within the taxable year under this
chapter and taxes based on net income paid to any other state or any province or territory
of Canada, to the extent allowed as a deduction in determining federal adjusted gross
income. For the purpose of this paragraph, income taxes do not include the taxes imposed
by sections 290.0922, subdivision 1, paragraph (b), 290.9727, 290.9728, and 290.9729;

(5) the amount of expense, interest, or taxes disallowed pursuant to section 290.10
other than expenses or interest used in computing net interest income for the subtraction
allowed under subdivision 19b, clause (1);

(6) the amount of a partner's pro rata share of net income which does not flow
through to the partner because the partnership elected to pay the tax on the income under
section 6242(a)(2) of the Internal Revenue Code;

(7) 80 percent of the depreciation deduction allowed under section 168(k) of the
Internal Revenue Code. For purposes of this clause, if the taxpayer has an activity that
in the taxable year generates a deduction for depreciation under section 168(k) and the
activity generates a loss for the taxable year that the taxpayer is not allowed to claim for
the taxable year, "the depreciation allowed under section 168(k)" for the taxable year is
limited to excess of the depreciation claimed by the activity under section 168(k) over the
amount of the loss from the activity that is not allowed in the taxable year. In succeeding
taxable years when the losses not allowed in the taxable year are allowed, the depreciation
under section 168(k) is allowed;

(8) 80 percent of the amount by which the deduction allowed by section 179 of the
Internal Revenue Code exceeds the deduction allowable by section 179 of the Internal
Revenue Code of 1986, as amended through December 31, 2003;

(9) to the extent deducted in computing federal taxable income, the amount of the
deduction allowable under section 199 of the Internal Revenue Code;

(10) the exclusion allowed under section 139A of the Internal Revenue Code for
federal subsidies for prescription drug plans;

(11) the amount of expenses disallowed under section 290.10, subdivision 2;

(12) for taxable years beginning before January 1, 2010, and after December 31,
2010, the amount deducted for qualified tuition and related expenses under section 222 of
the Internal Revenue Code, to the extent deducted from gross income;

(13) for taxable years beginning before January 1, 2010, and after December 31,
2010, the amount deducted for certain expenses of elementary and secondary school
teachers under section 62(a)(2)(D) of the Internal Revenue Code, to the extent deducted
from gross income;

(14) the additional standard deduction for property taxes payable that is allowable
under section 63(c)(1)(C) of the Internal Revenue Code;

(15) the additional standard deduction for qualified motor vehicle sales taxes
allowable under section 63(c)(1)(E) of the Internal Revenue Code;

(16) discharge of indebtedness income resulting from reacquisition of business
indebtedness and deferred under section 108(i) of the Internal Revenue Code; deleted text begin and
deleted text end

(17) the amount of unemployment compensation exempt from tax under section
85(c) of the Internal Revenue Code new text begin ; and
new text end

new text begin (18) changes to federal taxable income attributable to a net operating loss that the
taxpayer elected to carry back for more than two years for federal purposes but for which
the losses can be carried back for only two years under section 290.095, subdivision
11, paragraph (c) new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively for losses generated in
taxable years beginning after December 31, 2007.
new text end

Sec. 2.

Minnesota Statutes 2010, section 290.01, subdivision 19b, is amended to read:

Subd. 19b.

Subtractions from federal taxable income.

For individuals, estates,
and trusts, there shall be subtracted from federal taxable income:

(1) net interest income on obligations of any authority, commission, or
instrumentality of the United States to the extent includable in taxable income for federal
income tax purposes but exempt from state income tax under the laws of the United States;

(2) if included in federal taxable income, the amount of any overpayment of income
tax to Minnesota or to any other state, for any previous taxable year, whether the amount
is received as a refund or as a credit to another taxable year's income tax liability;

(3) the amount paid to others, less the amount used to claim the credit allowed under
section 290.0674, not to exceed $1,625 for each qualifying child in grades kindergarten
to 6 and $2,500 for each qualifying child in grades 7 to 12, for tuition, textbooks, and
transportation of each qualifying child in attending an elementary or secondary school
situated in Minnesota, North Dakota, South Dakota, Iowa, or Wisconsin, wherein a
resident of this state may legally fulfill the state's compulsory attendance laws, which
is not operated for profit, and which adheres to the provisions of the Civil Rights Act
of 1964 and chapter 363A. For the purposes of this clause, "tuition" includes fees or
tuition as defined in section 290.0674, subdivision 1, clause (1). As used in this clause,
"textbooks" includes books and other instructional materials and equipment purchased
or leased for use in elementary and secondary schools in teaching only those subjects
legally and commonly taught in public elementary and secondary schools in this state.
Equipment expenses qualifying for deduction includes expenses as defined and limited in
section 290.0674, subdivision 1, clause (3). "Textbooks" does not include instructional
books and materials used in the teaching of religious tenets, doctrines, or worship, the
purpose of which is to instill such tenets, doctrines, or worship, nor does it include books
or materials for, or transportation to, extracurricular activities including sporting events,
musical or dramatic events, speech activities, driver's education, or similar programs. No
deduction is permitted for any expense the taxpayer incurred in using the taxpayer's or
the qualifying child's vehicle to provide such transportation for a qualifying child. For
purposes of the subtraction provided by this clause, "qualifying child" has the meaning
given in section 32(c)(3) of the Internal Revenue Code;

(4) income as provided under section 290.0802;

(5) to the extent included in federal adjusted gross income, income realized on
disposition of property exempt from tax under section 290.491;

(6) to the extent not deducted or not deductible pursuant to section 408(d)(8)(E)
of the Internal Revenue Code in determining federal taxable income by an individual
who does not itemize deductions for federal income tax purposes for the taxable year, an
amount equal to 50 percent of the excess of charitable contributions over $500 allowable
as a deduction for the taxable year under section 170(a) of the Internal Revenue Code,
under the provisions of Public Law 109-1 and Public Law 111-126;

(7) for individuals who are allowed a federal foreign tax credit for taxes that do not
qualify for a credit under section 290.06, subdivision 22, an amount equal to the carryover
of subnational foreign taxes for the taxable year, but not to exceed the total subnational
foreign taxes reported in claiming the foreign tax credit. For purposes of this clause,
"federal foreign tax credit" means the credit allowed under section 27 of the Internal
Revenue Code, and "carryover of subnational foreign taxes" equals the carryover allowed
under section 904(c) of the Internal Revenue Code minus national level foreign taxes to
the extent they exceed the federal foreign tax credit;

(8) in each of the five tax years immediately following the tax year in which an
addition is required under subdivision 19a, clause (7), or 19c, clause (15), in the case
of a shareholder of a corporation that is an S corporation, an amount equal to one-fifth
of the delayed depreciation. For purposes of this clause, "delayed depreciation" means
the amount of the addition made by the taxpayer under subdivision 19a, clause (7), or
subdivision 19c, clause (15), in the case of a shareholder of an S corporation, minus the
positive value of any net operating loss under section 172 of the Internal Revenue Code
generated for the tax year of the addition. The resulting delayed depreciation cannot be
less than zero;

(9) job opportunity building zone income as provided under section 469.316;

(10) to the extent included in federal taxable income, the amount of compensation
paid to members of the Minnesota National Guard or other reserve components of the
United States military for active service deleted text begin performed in Minnesota deleted text end , excluding compensation
for services performed under the Active Guard Reserve (AGR) program. For purposes of
this clause, "active service" means (i) state active service as defined in section 190.05,
subdivision 5a, clause (1); new text begin or new text end (ii) federally funded state active service as defined in
section 190.05, subdivision 5b deleted text begin ; or (iii) federal active service as defined in section 190.05,
subdivision 5c deleted text end , but "active service" excludes service performed in accordance with section
190.08, subdivision 3;

(11) to the extent included in federal taxable income, the amount of compensation
paid to Minnesota residents who are members of the armed forces of the United States or
United Nations for active duty performed deleted text begin outside Minnesota deleted text end under United States Code,
title 10 deleted text begin , section 101(d); United States Code, title 32, section 101(12) deleted text end ; or the authority of
the United Nations;

(12) an amount, not to exceed $10,000, equal to qualified expenses related to a
qualified donor's donation, while living, of one or more of the qualified donor's organs
to another person for human organ transplantation. For purposes of this clause, "organ"
means all or part of an individual's liver, pancreas, kidney, intestine, lung, or bone marrow;
"human organ transplantation" means the medical procedure by which transfer of a human
organ is made from the body of one person to the body of another person; "qualified
expenses" means unreimbursed expenses for both the individual and the qualified donor
for (i) travel, (ii) lodging, and (iii) lost wages net of sick pay, except that such expenses
may be subtracted under this clause only once; and "qualified donor" means the individual
or the individual's dependent, as defined in section 152 of the Internal Revenue Code. An
individual may claim the subtraction in this clause for each instance of organ donation for
transplantation during the taxable year in which the qualified expenses occur;

(13) in each of the five tax years immediately following the tax year in which an
addition is required under subdivision 19a, clause (8), or 19c, clause (16), in the case of a
shareholder of a corporation that is an S corporation, an amount equal to one-fifth of the
addition made by the taxpayer under subdivision 19a, clause (8), or 19c, clause (16), in the
case of a shareholder of a corporation that is an S corporation, minus the positive value of
any net operating loss under section 172 of the Internal Revenue Code generated for the
tax year of the addition. If the net operating loss exceeds the addition for the tax year, a
subtraction is not allowed under this clause;

(14) to the extent included in new text begin the new text end federal taxable income new text begin of a nonresident of
Minnesota new text end , compensation paid to a service member as defined in United States Code, title
10, section 101(a)(5), for military service as defined in the Servicemembers Civil Relief
Act, Public Law 108-189, section 101(2);

(15) international economic development zone income as provided under section
469.325;

(16) to the extent included in federal taxable income, the amount of national service
educational awards received from the National Service Trust under United States Code,
title 42, sections 12601 to 12604, for service in an approved Americorps National Service
program; deleted text begin and
deleted text end

(17) to the extent included in federal taxable income, discharge of indebtedness
income resulting from reacquisition of business indebtedness included in federal taxable
income under section 108(i) of the Internal Revenue Code. This subtraction applies only
to the extent that the income was included in net income in a prior year as a result of the
addition under section 290.01, subdivision 19a, clause (16) new text begin ; and
new text end

new text begin (18) the amount of the net operating loss allowed under section 290.095, subdivision
11, paragraph (c) new text end .

new text begin EFFECTIVE DATE. new text end

new text begin The changes to clauses (10), (11), and (14) are effective the
day following final enactment. Clause (18) is effective retroactively for losses generated
in taxable years beginning after December 31, 2007.
new text end

Sec. 3.

Minnesota Statutes 2010, section 290.06, subdivision 2c, is amended to read:

Subd. 2c.

Schedules of rates for individuals, estates, and trusts.

(a) The income
taxes imposed by this chapter upon married individuals filing joint returns and surviving
spouses as defined in section 2(a) of the Internal Revenue Code must be computed by
applying to their taxable net income the following schedule of rates:

(1) On the first $25,680, 5.35 percent;

(2) On all over $25,680, but not over $102,030, 7.05 percent;

(3) On all over $102,030, 7.85 percent.

Married individuals filing separate returns, estates, and trusts must compute their
income tax by applying the above rates to their taxable income, except that the income
brackets will be one-half of the above amounts.

(b) The income taxes imposed by this chapter upon unmarried individuals must be
computed by applying to taxable net income the following schedule of rates:

(1) On the first $17,570, 5.35 percent;

(2) On all over $17,570, but not over $57,710, 7.05 percent;

(3) On all over $57,710, 7.85 percent.

(c) The income taxes imposed by this chapter upon unmarried individuals qualifying
as a head of household as defined in section 2(b) of the Internal Revenue Code must be
computed by applying to taxable net income the following schedule of rates:

(1) On the first $21,630, 5.35 percent;

(2) On all over $21,630, but not over $86,910, 7.05 percent;

(3) On all over $86,910, 7.85 percent.

(d) In lieu of a tax computed according to the rates set forth in this subdivision, the
tax of any individual taxpayer whose taxable net income for the taxable year is less than
an amount determined by the commissioner must be computed in accordance with tables
prepared and issued by the commissioner of revenue based on income brackets of not
more than $100. The amount of tax for each bracket shall be computed at the rates set
forth in this subdivision, provided that the commissioner may disregard a fractional part of
a dollar unless it amounts to 50 cents or more, in which case it may be increased to $1.

(e) An individual who is not a Minnesota resident for the entire year must compute
the individual's Minnesota income tax as provided in this subdivision. After the
application of the nonrefundable credits provided in this chapter, the tax liability must
then be multiplied by a fraction in which:

(1) the numerator is the individual's Minnesota source federal adjusted gross income
as defined in section 62 of the Internal Revenue Code and increased by the additions
required under section 290.01, subdivision 19a, clauses (1), (5), (6), (7), (8), (9), (12),
(13), new text begin and new text end (16) deleted text begin , and (17) deleted text end new text begin to (18) new text end , and reduced by the Minnesota assignable portion of
the subtraction for United States government interest under section 290.01, subdivision
19b, clause (1), and the subtractions under section 290.01, subdivision 19b, clauses (8),
(9), (13), (14), (15), deleted text begin and deleted text end (17) new text begin , and (18) new text end , after applying the allocation and assignability
provisions of section 290.081, clause (a), or 290.17; and

(2) the denominator is the individual's federal adjusted gross income as defined in
section 62 of the Internal Revenue Code of 1986, increased by the amounts specified in
section 290.01, subdivision 19a, clauses (1), (5), (6), (7), (8), (9), (12), (13), new text begin and new text end (16) deleted text begin , and
(17) deleted text end new text begin to (18) new text end , and reduced by the amounts specified in section 290.01, subdivision 19b,
clauses (1), (8), (9), (13), (14), (15), deleted text begin and deleted text end (17) new text begin , and (18) new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively for losses generated in
taxable years beginning after December 31, 2007.
new text end

Sec. 4.

Minnesota Statutes 2010, section 290.091, subdivision 2, is amended to read:

Subd. 2.

Definitions.

For purposes of the tax imposed by this section, the following
terms have the meanings given:

(a) "Alternative minimum taxable income" means the sum of the following for
the taxable year:

(1) the taxpayer's federal alternative minimum taxable income as defined in section
55(b)(2) of the Internal Revenue Code;

(2) the taxpayer's itemized deductions allowed in computing federal alternative
minimum taxable income, but excluding:

(i) the charitable contribution deduction under section 170 of the Internal Revenue
Code;

(ii) the medical expense deduction;

(iii) the casualty, theft, and disaster loss deduction; and

(iv) the impairment-related work expenses of a disabled person;

(3) for depletion allowances computed under section 613A(c) of the Internal
Revenue Code, with respect to each property (as defined in section 614 of the Internal
Revenue Code), to the extent not included in federal alternative minimum taxable income,
the excess of the deduction for depletion allowable under section 611 of the Internal
Revenue Code for the taxable year over the adjusted basis of the property at the end of the
taxable year (determined without regard to the depletion deduction for the taxable year);

(4) to the extent not included in federal alternative minimum taxable income, the
amount of the tax preference for intangible drilling cost under section 57(a)(2) of the
Internal Revenue Code determined without regard to subparagraph (E);

(5) to the extent not included in federal alternative minimum taxable income, the
amount of interest income as provided by section 290.01, subdivision 19a, clause (1); and

(6) the amount of addition required by section 290.01, subdivision 19a, clauses (7)
to (9), (12), (13), new text begin and new text end (16) deleted text begin , and (17) deleted text end new text begin to (18) new text end ;

less the sum of the amounts determined under the following:

(1) interest income as defined in section 290.01, subdivision 19b, clause (1);

(2) an overpayment of state income tax as provided by section 290.01, subdivision
19b, clause (2), to the extent included in federal alternative minimum taxable income;

(3) the amount of investment interest paid or accrued within the taxable year on
indebtedness to the extent that the amount does not exceed net investment income, as
defined in section 163(d)(4) of the Internal Revenue Code. Interest does not include
amounts deducted in computing federal adjusted gross income; deleted text begin and
deleted text end

(4) amounts subtracted from federal taxable income as provided by section 290.01,
subdivision 19b, clauses (6), (8) to (15), and (17) new text begin ; and
new text end

new text begin (5) the amount of the net operating loss allowed under section 290.095, subdivision
11, paragraph (c) new text end .

In the case of an estate or trust, alternative minimum taxable income must be
computed as provided in section 59(c) of the Internal Revenue Code.

(b) "Investment interest" means investment interest as defined in section 163(d)(3)
of the Internal Revenue Code.

(c) "Net minimum tax" means the minimum tax imposed by this section.

(d) "Regular tax" means the tax that would be imposed under this chapter (without
regard to this section and section 290.032), reduced by the sum of the nonrefundable
credits allowed under this chapter.

(e) "Tentative minimum tax" equals 6.4 percent of alternative minimum taxable
income after subtracting the exemption amount determined under subdivision 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively for losses generated in
taxable years beginning after December 31, 2007.
new text end

Sec. 5.

Minnesota Statutes 2010, section 290.0922, subdivision 2, is amended to read:

Subd. 2.

Exemptions.

The following entities are exempt from the tax imposed
by this section:

(1) corporations exempt from tax under section 290.05;

(2) real estate investment trusts;

(3) regulated investment companies or a fund thereof; and

(4) entities having a valid election in effect under section 860D(b) of the Internal
Revenue Code;

(5) town and farmers' mutual insurance companies;

(6) cooperatives organized under chapter 308A or 308B that provide housing
exclusively to persons age 55 and over and are classified as homesteads under section
273.124, subdivision 3;

(7) deleted text begin an entity deleted text end new text begin a qualified business as defined under section 469.310, subdivision 11 new text end ,
if for the taxable year all of its property is located in a job opportunity building zone
designated under section 469.314 and all of its payroll is a job opportunity building zone
payroll under section 469.310; and

(8) an entity, if for the taxable year all of its property is located in an international
economic development zone designated under section 469.322, and all of its payroll is
international economic development zone payroll under section 469.321. The exemption
under this clause applies to taxable years beginning during the duration of the international
economic development zone.

Entities not specifically exempted by this subdivision are subject to tax under this
section, notwithstanding section 290.05.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2010, section 290.0922, subdivision 3, is amended to read:

Subd. 3.

Definitions.

(a) "Minnesota sales or receipts" means the total sales
apportioned to Minnesota pursuant to section 290.191, subdivision 5, the total receipts
attributed to Minnesota pursuant to section 290.191, subdivisions 6 to 8, and/or the
total sales or receipts apportioned or attributed to Minnesota pursuant to any other
apportionment formula applicable to the taxpayer.

(b) "Minnesota property" means total Minnesota tangible property as provided in
section 290.191, subdivisions 9 to 11, any other tangible property located in Minnesota,
but does not include: (1) new text begin the new text end property new text begin of a qualified business as defined under section
469.310, subdivision 11, that is new text end located in a job opportunity building zone designated
under section 469.314, (2) property of a qualified business located in a biotechnology and
health sciences industry zone designated under section 469.334, or (3) for taxable years
beginning during the duration of the zone, property of a qualified business located in the
international economic development zone designated under section 469.322. Intangible
property shall not be included in Minnesota property for purposes of this section.
Taxpayers who do not utilize tangible property to apportion income shall nevertheless
include Minnesota property for purposes of this section. On a return for a short taxable
year, the amount of Minnesota property owned, as determined under section 290.191,
shall be included in Minnesota property based on a fraction in which the numerator is the
number of days in the short taxable year and the denominator is 365.

(c) "Minnesota payrolls" means total Minnesota payrolls as provided in section
290.191, subdivision 12, but does not include: (1) new text begin the new text end job opportunity building zone
deleted text begin payrolls deleted text end new text begin payroll new text end under section 469.310, subdivision 8, new text begin of a qualified business as defined
under section 469.310, subdivision 11, new text end (2) biotechnology and health sciences industry
zone payrolls under section 469.330, subdivision 8, or (3) for taxable years beginning
during the duration of the zone, international economic development zone payrolls under
section 469.321, subdivision 9. Taxpayers who do not utilize payrolls to apportion income
shall nevertheless include Minnesota payrolls for purposes of this section.

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

Minnesota Statutes 2010, section 290.095, subdivision 11, is amended to read:

Subd. 11.

Carryback or carryover adjustments.

(a) Except as provided in
paragraph (c), for individuals, estates, and trusts the amount of a net operating loss
that may be carried back or carried over shall be the same dollar amount allowable in
the determination of federal taxable income, provided that, notwithstanding any other
provision, estates and trusts must apply the following adjustments to the amount of the net
operating loss that may be carried back or carried over:

(1) Nonassignable income or losses as required by section 290.17.

(2) Deductions not allocable to Minnesota under section 290.17.

(b) The net operating loss carryback or carryover applied as a deduction in the taxable
year to which the net operating loss is carried back or carried over shall be equal to the
net operating loss carryback or carryover applied in the taxable year in arriving at federal
taxable income provided that trusts and estates must apply the following modifications:

(1) Increase the amount of carryback or carryover applied in the taxable year by
the amount of losses and interest, taxes and other expenses not assignable or allowable
to Minnesota incurred in the taxable year.

(2) Decrease the amount of carryback or carryover applied in the taxable year by
the amount of income not assignable to Minnesota earned in the taxable year. For estates
and trusts, the net operating loss carryback or carryover to the next consecutive taxable
year shall be the net operating loss carryback or carryover as calculated in clause (b)
less the amount applied in the earlier taxable year(s). No additional net operating loss
carryback or carryover shall be allowed to estates and trusts if the entire amount has been
used to offset Minnesota income in a year earlier than was possible on the federal return.
However, if a net operating loss carryback or carryover was allowed to offset federal
income in a year earlier than was possible on the Minnesota return, an estate or trust
shall still be allowed to offset Minnesota income but only if the loss was assignable to
Minnesota in the year the loss occurred.

(c) This paragraph does not apply to eligible small businesses that make a valid
election to carry back their losses for federal purposes under section 172(b)(1)(H) of the
Internal Revenue Code as amended through March 31, 2009.

(1) A net operating loss of an individual, estate, or trust that is allowed under this
subdivision and for which the taxpayer elects to carry back for more than two years under
section 172(b)(1)(H) of the Internal Revenue Code is a net operating loss carryback to
each of the two taxable years preceding the loss, and unused portions may be carried
forward for 20 taxable years after the loss.

(2) The entire amount of the net operating loss for any taxable year must be carried
to the earliest of the taxable years to which the loss may be carried. The portion of the loss
which may be carried to each of the other taxable years is the excess, if any, of the amount
of the loss over new text begin the greater of new text end the taxable net income new text begin or alternative minimum taxable
income new text end for each of the taxable years to which the loss may be carried.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively for losses generated in
taxable years beginning after December 31, 2007.
new text end

ARTICLE 7

DEPARTMENT TECHNICAL: PROPERTY TAX

Section 1.

Minnesota Statutes 2010, section 273.1231, subdivision 4, is amended to
read:

Subd. 4.

Homestead property.

"Homestead property" means a homestead dwelling
that is classified as class 1a, 1b, deleted text begin 1c, deleted text end or 2a property or a manufactured home or sectional
home used as a homestead and taxed pursuant to section 273.125, subdivision 8, paragraph
(b), (c), or (d).

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2010, section 273.124, subdivision 1, is amended to read:

Subdivision 1.

General rule.

(a) Residential real estate that is occupied and used
for the purposes of a homestead by its owner, who must be a Minnesota resident, is
a residential homestead.

Agricultural land, as defined in section 273.13, subdivision 23, that is occupied and
used as a homestead by its owner, who must be a Minnesota resident, is an agricultural
homestead.

Dates for establishment of a homestead and homestead treatment provided to
particular types of property are as provided in this section.

Property held by a trustee under a trust is eligible for homestead classification if the
requirements under this chapter are satisfied.

The assessor shall require proof, as provided in subdivision 13, of the facts upon
which classification as a homestead may be determined. Notwithstanding any other law,
the assessor may at any time require a homestead application to be filed in order to verify
that any property classified as a homestead continues to be eligible for homestead status.
Notwithstanding any other law to the contrary, the Department of Revenue may, upon
request from an assessor, verify whether an individual who is requesting or receiving
homestead classification has filed a Minnesota income tax return as a resident for the most
recent taxable year for which the information is available.

When there is a name change or a transfer of homestead property, the assessor may
reclassify the property in the next assessment unless a homestead application is filed to
verify that the property continues to qualify for homestead classification.

(b) For purposes of this section, homestead property shall include property which
is used for purposes of the homestead but is separated from the homestead by a road,
street, lot, waterway, or other similar intervening property. The term "used for purposes
of the homestead" shall include but not be limited to uses for gardens, garages, or other
outbuildings commonly associated with a homestead, but shall not include vacant land
held primarily for future development. In order to receive homestead treatment for
the noncontiguous property, the owner must use the property for the purposes of the
homestead, and must apply to the assessor, both by the deadlines given in subdivision
9. After initial qualification for the homestead treatment, additional applications for
subsequent years are not required.

(c) Residential real estate that is occupied and used for purposes of a homestead by a
relative of the owner is a homestead but only to the extent of the homestead treatment
that would be provided if the related owner occupied the property. For purposes of this
paragraph and paragraph (g), "relative" means a parent, stepparent, child, stepchild,
grandparent, grandchild, brother, sister, uncle, aunt, nephew, or niece. This relationship
may be by blood or marriage. Property that has been classified as seasonal residential
recreational property at any time during which it has been owned by the current owner or
spouse of the current owner will not be reclassified as a homestead unless it is occupied as
a homestead by the owner; this prohibition also applies to property that, in the absence of
this paragraph, would have been classified as seasonal residential recreational property at
the time when the residence was constructed. Neither the related occupant nor the owner
of the property may claim a property tax refund under chapter 290A for a homestead
occupied by a relative. In the case of a residence located on agricultural land, only the
house, garage, and immediately surrounding one acre of land shall be classified as a
homestead under this paragraph, except as provided in paragraph (d).

(d) Agricultural property that is occupied and used for purposes of a homestead by
a relative of the owner, is a homestead, only to the extent of the homestead treatment
that would be provided if the related owner occupied the property, and only if all of the
following criteria are met:

(1) the relative who is occupying the agricultural property is a deleted text begin son, daughter, brother,
sister, grandson, granddaughter, father, or mother deleted text end new text begin grandchild, child, sibling, or parent new text end of
the owner of the agricultural property or deleted text begin a son, daughter, brother, sister, grandson, or
granddaughter deleted text end of the spouse of the owner deleted text begin of the agricultural property deleted text end ;

(2) the owner of the agricultural property must be a Minnesota resident;

(3) the owner of the agricultural property must not receive homestead treatment on
any other agricultural property in Minnesota; and

(4) the owner of the agricultural property is limited to only one agricultural
homestead per family under this paragraph.

Neither the related occupant nor the owner of the property may claim a property
tax refund under chapter 290A for a homestead occupied by a relative qualifying under
this paragraph. For purposes of this paragraph, "agricultural property" means the house,
garage, other farm buildings and structures, and agricultural land.

Application must be made to the assessor by the owner of the agricultural property to
receive homestead benefits under this paragraph. The assessor may require the necessary
proof that the requirements under this paragraph have been met.

(e) In the case of property owned by a property owner who is married, the assessor
must not deny homestead treatment in whole or in part if only one of the spouses occupies
the property and the other spouse is absent due to: (1) marriage dissolution proceedings,
(2) legal separation, (3) employment or self-employment in another location, or (4) other
personal circumstances causing the spouses to live separately, not including an intent to
obtain two homestead classifications for property tax purposes. To qualify under clause
(3), the spouse's place of employment or self-employment must be at least 50 miles distant
from the other spouse's place of employment, and the homesteads must be at least 50 miles
distant from each other. deleted text begin Homestead treatment, in whole or in part, shall not be denied to
the owner's spouse who previously occupied the residence with the owner if the absence
of the owner is due to one of the exceptions provided in this paragraph.
deleted text end

(f) The assessor must not deny homestead treatment in whole or in part if:

(1) in the case of a property owner who is not married, the owner is absent due to
residence in a nursing home, boarding care facility, or an elderly assisted living facility
property as defined in section 273.13, subdivision 25a, and the property is not otherwise
occupied; or

(2) in the case of a property owner who is married, the owner or the owner's spouse
or both are absent due to residence in a nursing home, boarding care facility, or an elderly
assisted living facility property as defined in section 273.13, subdivision 25a, and the
property is not occupied or is occupied only by the owner's spouse.

(g) If an individual is purchasing property with the intent of claiming it as a
homestead and is required by the terms of the financing agreement to have a relative
shown on the deed as a co-owner, the assessor shall allow a full homestead classification.
This provision only applies to first-time purchasers, whether married or single, or to a
person who had previously been married and is purchasing as a single individual for the
first time. The application for homestead benefits must be on a form prescribed by the
commissioner and must contain the data necessary for the assessor to determine if full
homestead benefits are warranted.

(h) If residential or agricultural real estate is occupied and used for purposes of a
homestead by a child of a deceased owner and the property is subject to jurisdiction of
probate court, the child shall receive relative homestead classification under paragraph (c)
or (d) to the same extent they would be entitled to it if the owner was still living, until
the probate is completed. For purposes of this paragraph, "child" includes a relationship
by blood or by marriage.

(i) If a single-family home, duplex, or triplex classified as either residential
homestead or agricultural homestead is also used to provide licensed child care, the
portion of the property used for licensed child care must be classified as a part of the
homestead property.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes payable in 2012 and
thereafter.
new text end

Sec. 3.

Minnesota Statutes 2010, section 273.124, subdivision 14, is amended to read:

Subd. 14.

Agricultural homesteads; special provisions.

(a) Real estate of less than
ten acres that is the homestead of its owner must be classified as class 2a under section
273.13, subdivision 23, paragraph (a), if:

(1) the parcel on which the house is located is contiguous on at least two sides to (i)
agricultural land, (ii) land owned or administered by the United States Fish and Wildlife
Service, or (iii) land administered by the Department of Natural Resources on which in
lieu taxes are paid under sections 477A.11 to 477A.14;

(2) its owner also owns a noncontiguous parcel of agricultural land that is at least
20 acres;

(3) the noncontiguous land is located not farther than four townships or cities, or a
combination of townships or cities from the homestead; and

(4) the agricultural use value of the noncontiguous land and farm buildings is equal
to at least 50 percent of the market value of the house, garage, and one acre of land.

Homesteads initially classified as class 2a under the provisions of this paragraph shall
remain classified as class 2a, irrespective of subsequent changes in the use of adjoining
properties, as long as the homestead remains under the same ownership, the owner owns a
noncontiguous parcel of agricultural land that is at least 20 acres, and the agricultural use
value qualifies under clause (4). Homestead classification under this paragraph is limited
to property that qualified under this paragraph for the 1998 assessment.

(b)(i) Agricultural property shall be classified as the owner's homestead, to the same
extent as other agricultural homestead property, if all of the following criteria are met:

(1) the new text begin agricultural new text end property consists of at least 40 acres including undivided
government lots and correctional 40's;

(2) the owner, the owner's spouse, deleted text begin the son or daughter of the owner or owner's
spouse, the brother or sister of the owner or owner's spouse, or the grandson or
granddaughter deleted text end new text begin or a grandchild, child, sibling, or parent new text end of the owner or new text begin of new text end the owner's
spouse, is actively farming the agricultural property, either on the person's own behalf
as an individual or on behalf of a partnership operating a family farm, family farm
corporation, joint family farm venture, or limited liability company of which the person is
a partner, shareholder, or member;

(3) both the owner of the agricultural property and the person who is actively
farming the agricultural property under clause (2), are Minnesota residents;

(4) neither the owner nor the spouse of the owner claims another agricultural
homestead in Minnesota; and

(5) neither the owner nor the person actively farming the new text begin agricultural new text end property lives
farther than four townships or cities, or a combination of four townships or cities, from the
agricultural property, except that if the owner or the owner's spouse is required to live in
employer-provided housing, the owner or owner's spouse, whichever is actively farming
the agricultural property, may live more than four townships or cities, or combination of
four townships or cities from the agricultural property.

The relationship under this paragraph may be either by blood or marriage.

(ii) deleted text begin Real deleted text end new text begin Agricultural new text end property held by a trustee under a trust is eligible for
agricultural homestead classification under this paragraph if the qualifications in clause (i)
are met, except that "owner" means the grantor of the trust.

(iii) Property containing the residence of an owner who owns qualified property
under clause (i) shall be classified as part of the owner's agricultural homestead, if that
property is also used for noncommercial storage or drying of agricultural crops.

new text begin (iv) As used in this paragraph, "agricultural property" means class 2a property and
any class 2b property that is contiguous to and under the same ownership as the class 2a
property.
new text end

(c) Noncontiguous land shall be included as part of a homestead under section
273.13, subdivision 23, paragraph (a), only if the homestead is classified as class 2a
and the detached land is located in the same township or city, or not farther than four
townships or cities or combination thereof from the homestead. Any taxpayer of these
noncontiguous lands must notify the county assessor that the noncontiguous land is part of
the taxpayer's homestead, and, if the homestead is located in another county, the taxpayer
must also notify the assessor of the other county.

(d) Agricultural land used for purposes of a homestead and actively farmed by a
person holding a vested remainder interest in it must be classified as a homestead under
section 273.13, subdivision 23, paragraph (a). If agricultural land is classified class 2a,
any other dwellings on the land used for purposes of a homestead by persons holding
vested remainder interests who are actively engaged in farming the property, and up to
one acre of the land surrounding each homestead and reasonably necessary for the use of
the dwelling as a home, must also be assessed class 2a.

(e) Agricultural land and buildings that were class 2a homestead property under
section 273.13, subdivision 23, paragraph (a), for the 1997 assessment shall remain
classified as agricultural homesteads for subsequent assessments if:

(1) the property owner abandoned the homestead dwelling located on the agricultural
homestead as a result of the April 1997 floods;

(2) the property is located in the county of Polk, Clay, Kittson, Marshall, Norman,
or Wilkin;

(3) the agricultural land and buildings remain under the same ownership for the
current assessment year as existed for the 1997 assessment year and continue to be used
for agricultural purposes;

(4) the dwelling occupied by the owner is located in Minnesota and is within 30
miles of one of the parcels of agricultural land that is owned by the taxpayer; and

(5) the owner notifies the county assessor that the relocation was due to the 1997
floods, and the owner furnishes the assessor any information deemed necessary by the
assessor in verifying the change in dwelling. Further notifications to the assessor are not
required if the property continues to meet all the requirements in this paragraph and any
dwellings on the agricultural land remain uninhabited.

(f) Agricultural land and buildings that were class 2a homestead property under
section 273.13, subdivision 23, paragraph (a), for the 1998 assessment shall remain
classified agricultural homesteads for subsequent assessments if:

(1) the property owner abandoned the homestead dwelling located on the agricultural
homestead as a result of damage caused by a March 29, 1998, tornado;

(2) the property is located in the county of Blue Earth, Brown, Cottonwood,
LeSueur, Nicollet, Nobles, or Rice;

(3) the agricultural land and buildings remain under the same ownership for the
current assessment year as existed for the 1998 assessment year;

(4) the dwelling occupied by the owner is located in this state and is within 50 miles
of one of the parcels of agricultural land that is owned by the taxpayer; and

(5) the owner notifies the county assessor that the relocation was due to a March 29,
1998, tornado, and the owner furnishes the assessor any information deemed necessary by
the assessor in verifying the change in homestead dwelling. For taxes payable in 1999, the
owner must notify the assessor by December 1, 1998. Further notifications to the assessor
are not required if the property continues to meet all the requirements in this paragraph
and any dwellings on the agricultural land remain uninhabited.

(g) Agricultural property of a family farm corporation, joint family farm venture,
family farm limited liability company, or partnership operating a family farm as described
under subdivision 8 shall be classified homestead, to the same extent as other agricultural
homestead property, if all of the following criteria are met:

(1) the property consists of at least 40 acres including undivided government lots
and correctional 40's;

(2) a shareholder, member, or partner of that entity is actively farming the
agricultural property;

(3) that shareholder, member, or partner who is actively farming the agricultural
property is a Minnesota resident;

(4) neither that shareholder, member, or partner, nor the spouse of that shareholder,
member, or partner claims another agricultural homestead in Minnesota; and

(5) that shareholder, member, or partner does not live farther than four townships or
cities, or a combination of four townships or cities, from the agricultural property.

Homestead treatment applies under this paragraph for property leased to a family
farm corporation, joint farm venture, limited liability company, or partnership operating a
family farm if legal title to the property is in the name of an individual who is a member,
shareholder, or partner in the entity.

(h) To be eligible for the special agricultural homestead under this subdivision, an
initial full application must be submitted to the county assessor where the property is
located. Owners and the persons who are actively farming the property shall be required
to complete only a one-page abbreviated version of the application in each subsequent
year provided that none of the following items have changed since the initial application:

(1) the day-to-day operation, administration, and financial risks remain the same;

(2) the owners and the persons actively farming the property continue to live within
the four townships or city criteria and are Minnesota residents;

(3) the same operator of the agricultural property is listed with the Farm Service
Agency;

(4) a Schedule F or equivalent income tax form was filed for the most recent year;

(5) the property's acreage is unchanged; and

(6) none of the property's acres have been enrolled in a federal or state farm program
since the initial application.

The owners and any persons who are actively farming the property must include
the appropriate Social Security numbers, and sign and date the application. If any of the
specified information has changed since the full application was filed, the owner must
notify the assessor, and must complete a new application to determine if the property
continues to qualify for the special agricultural homestead. The commissioner of revenue
shall prepare a standard reapplication form for use by the assessors.

(i) Agricultural land and buildings that were class 2a homestead property under
section 273.13, subdivision 23, paragraph (a), for the 2007 assessment shall remain
classified agricultural homesteads for subsequent assessments if:

(1) the property owner abandoned the homestead dwelling located on the agricultural
homestead as a result of damage caused by the August 2007 floods;

(2) the property is located in the county of Dodge, Fillmore, Houston, Olmsted,
Steele, Wabasha, or Winona;

(3) the agricultural land and buildings remain under the same ownership for the
current assessment year as existed for the 2007 assessment year;

(4) the dwelling occupied by the owner is located in this state and is within 50 miles
of one of the parcels of agricultural land that is owned by the taxpayer; and

(5) the owner notifies the county assessor that the relocation was due to the August
2007 floods, and the owner furnishes the assessor any information deemed necessary by
the assessor in verifying the change in homestead dwelling. For taxes payable in 2009, the
owner must notify the assessor by December 1, 2008. Further notifications to the assessor
are not required if the property continues to meet all the requirements in this paragraph
and any dwellings on the agricultural land remain uninhabited.

(j) Agricultural land and buildings that were class 2a homestead property under
section 273.13, subdivision 23, paragraph (a), for the 2008 assessment shall remain
classified as agricultural homesteads for subsequent assessments if:

(1) the property owner abandoned the homestead dwelling located on the agricultural
homestead as a result of the March 2009 floods;

(2) the property is located in the county of Marshall;

(3) the agricultural land and buildings remain under the same ownership for the
current assessment year as existed for the 2008 assessment year and continue to be used
for agricultural purposes;

(4) the dwelling occupied by the owner is located in Minnesota and is within 50
miles of one of the parcels of agricultural land that is owned by the taxpayer; and

(5) the owner notifies the county assessor that the relocation was due to the 2009
floods, and the owner furnishes the assessor any information deemed necessary by the
assessor in verifying the change in dwelling. Further notifications to the assessor are not
required if the property continues to meet all the requirements in this paragraph and any
dwellings on the agricultural land remain uninhabited.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
except that the change in paragraph (b), clause (i), item (2), is effective for taxes payable
in 2012 and thereafter.
new text end

Sec. 4.

Minnesota Statutes 2010, section 282.01, subdivision 1a, is amended to read:

Subd. 1a.

Conveyance to public entities.

(a) Upon written request from a state
agency or a governmental subdivision of the state, a parcel of unsold tax-forfeited land
must be withheld from sale or lease to others for a maximum of six months. The request
must be submitted to the county auditor. Upon receipt, the county auditor must withhold
the parcel from sale or lease to any other party for six months, and must confirm the
starting date of the six-month withholding period to the requesting agency or subdivision.
If the request is from a governmental subdivision of the state, the governmental
subdivision must pay the maintenance costs incurred by the county during the period the
parcel is withheld. The county board may approve a sale or conveyance to the requesting
party during the withholding period. A conveyance of the property to the requesting
party terminates the withholding period.

A governmental subdivision of the state must not make, and a county auditor must
not act upon, a second request to withhold a parcel from sale or lease within 18 months
of a previous request for that parcel. A county may reject a request made under this
paragraph if the request is made more than 30 days after the county has given notice to the
requesting state agency or governmental subdivision of the state that the county intends to
sell or otherwise dispose of the property.

(b) Nonconservation tax-forfeited lands may be sold by the county board, for
their market value as determined by the county board, to an organized or incorporated
governmental subdivision of the state for any public purpose for which the subdivision is
authorized to acquire property. When the term "market value" is used in this section, it
means an estimate of the full and actual market value of the parcel as determined by the
county board, but in making this determination, the board and the persons employed by or
under contract with the board in order to perform, conduct, or assist in the determination,
are exempt from the licensure requirements of chapter 82B.

(c) Nonconservation tax-forfeited lands may be released from the trust in favor of
the taxing districts on application to the county board by a state agency for an authorized
use at not less than their market value as determined by the county board.

(d) Nonconservation tax-forfeited lands may be sold by the county board to an
organized or incorporated governmental subdivision of the state or state agency for less
than their market value if:

(1) the county board determines that a sale at a reduced price is in the public interest
because a reduced price is necessary to provide an incentive to correct the blighted
conditions that make the lands undesirable in the open market, or the reduced price will
lead to the development of affordable housing; and

(2) the governmental subdivision or state agency has documented its specific plans
for correcting the blighted conditions or developing affordable housing, and the specific
law or laws that empower it to acquire real property in furtherance of the plans.

If the sale under this paragraph is to a governmental subdivision of the state, the
commissioner of revenue must convey the property on behalf of the state by quit claim
deed. If the sale under this paragraph is to a state agency, the commissioner must issue a
conveyance document that releases the property from the trust in favor of the taxing
districts.

(e) Nonconservation tax-forfeited land held in trust in favor of the taxing districts
may be conveyed by the commissioner of revenue in the name of the state to a
governmental subdivision for an authorized public use, if an application is submitted to the
commissioner which includes a statement of facts as to the use to be made of the tract and
the favorable recommendation of the county board. For the purposes of this paragraph,
"authorized public use" means a use that allows an indefinite segment of the public to
physically use and enjoy the property in numbers appropriate to its size and use, or is for a
public service facility. Authorized public uses as defined in this paragraph are limited to:

(1) a road, or right-of-way for a road;

(2) a park that is both available to, and accessible by, the public that contains
deleted text begin amenities deleted text end new text begin improvements new text end such as campgrounds, playgrounds, athletic fields, trails, or
shelters;

(3) trails for walking, bicycling, snowmobiling, or other recreational purposes, along
with a reasonable amount of surrounding land maintained in its natural state;

(4) transit facilities for buses, light rail transit, commuter rail or passenger rail,
including transit ways, park-and-ride lots, transit stations, maintenance and garage
facilities, and other facilities related to a public transit system;

(5) public beaches or boat launches;

(6) public parking;

(7) civic recreation or conference facilities; and

(8) public service facilities such as fire halls, police stations, lift stations, water
towers, sanitation facilities, water treatment facilities, and administrative offices.

No monetary compensation or consideration is required for the conveyance, except as
provided in subdivision 1g, but the conveyance is subject to the conditions provided in
law, including, but not limited to, the reversion provisions of subdivisions 1c and 1d.

(f) The commissioner of revenue shall convey a parcel of nonconservation
tax-forfeited land to a local governmental subdivision of the state by quit claim deed
on behalf of the state upon the favorable recommendation of the county board if the
governmental subdivision has certified to the board that prior to forfeiture the subdivision
was entitled to the parcel under a written development agreement or instrument, but
the conveyance failed to occur prior to forfeiture. No compensation or consideration is
required for, and no conditions attach to, the conveyance.

(g) The commissioner of revenue shall convey a parcel of nonconservation
tax-forfeited land to the association of a common interest community by quit claim deed
upon the favorable recommendation of the county board if the association certifies to the
board that prior to forfeiture the association was entitled to the parcel under a written
agreement, but the conveyance failed to occur prior to forfeiture. No compensation or
consideration is required for, and no conditions attach to, the conveyance.

(h) Conservation tax-forfeited land may be sold to a governmental subdivision of
the state for less than its market value for either: (1) creation or preservation of wetlands;
(2) drainage or storage of storm water under a storm water management plan; or (3)
preservation, or restoration and preservation, of the land in its natural state. The deed must
contain a restrictive covenant limiting the use of the land to one of these purposes for
30 years or until the property is reconveyed back to the state in trust. At any time, the
governmental subdivision may reconvey the property to the state in trust for the taxing
districts. The deed of reconveyance is subject to approval by the commissioner of revenue.
No part of a purchase price determined under this paragraph shall be refunded upon a
reconveyance, but the amount paid for a conveyance under this paragraph may be taken
into account by the county board when setting the terms of a future sale of the same
property to the same governmental subdivision under paragraph (b) or (d). If the lands
are unplatted and located outside of an incorporated municipality and the commissioner
of natural resources determines there is a mineral use potential, the sale is subject to the
approval of the commissioner of natural resources.

(i) A park and recreation board in a city of the first class is a governmental
subdivision for the purposes of this section.

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2010, section 282.01, subdivision 1c, is amended to read:

Subd. 1c.

Deed of conveyance; form; approvals.

The deed deleted text begin of conveyance for deleted text end new text begin
conveying new text end property deleted text begin conveyed deleted text end for an authorized public use under the authorities in
deleted text begin subdivision 1a, paragraph (e) deleted text end new text begin this section new text end , must be on a form approved by the attorney
general and must be conditioned on continued use new text begin of the property new text end for the purpose stated in
the application as provided in this section. deleted text begin These deleted text end new text begin All new text end deeds new text begin conveying property for an
authorized public use, regardless of when executed, new text end are conditional use deeds that convey
a defeasible estate. Reversion of the estate occurs by operation of law and without the
requirement for any affirmative act by or on behalf of the state when there is a failure to
put the property to the approved authorized public use for which it was conveyed, or an
abandonment of that use, except as provided in subdivision 1d.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2010, section 282.01, subdivision 1d, is amended to read:

Subd. 1d.

Reverter for failure to use; conveyance to state.

(a) deleted text begin If deleted text end After three years
from the date of deleted text begin the deleted text end new text begin any new text end conveyance new text begin of tax-forfeited land to new text end a governmental subdivision
deleted text begin to which tax-forfeited land has been conveyed deleted text end for an authorized public use as provided
in deleted text begin subdivision 1a, paragraph (e), fails deleted text end new text begin this section, regardless of when the deed for the
authorized public use was executed, if the governmental subdivision has failed new text end to put the
land to that use, or abandons that use, the governing body of the subdivision must: (1)
with the approval of the county board, purchase the property for an authorized public
purpose at the present market value as determined by the county board, or (2) authorize
the proper officers to convey the land, or the part of the land not required for an authorized
public use, to the state of Minnesota in trust for the taxing districts. If the governing
body purchases the property under clause (1), the commissioner of revenue shall, upon
proper application submitted by the county auditor, convey the property on behalf of the
state by quit claim deed to the subdivision free of a use restriction and the possibility of
reversion or defeasement. If the governing body decides to reconvey the property to the
state under this clause, the officers shall execute a deed of conveyance immediately. The
conveyance is subject to the approval of the commissioner and its form must be approved
by the attorney general. For deleted text begin the purposes of this paragraph deleted text end new text begin 15 years from the date of
the conveyance new text end , there is no failure to put the land to the authorized public use and no
abandonment of that use if a formal plan of the governmental subdivision, including, but
not limited to, a comprehensive plan or land use plan deleted text begin that deleted text end new text begin , new text end shows an intended future use
of the land for the authorized public use.

(b) Property held by a governmental subdivision of the state under a conditional use
deed executed under deleted text begin subdivision 1a, paragraph (e), deleted text end new text begin this section new text end by the commissioner of
revenue on or after January 1, 2007, may be acquired by that governmental subdivision
after 15 years from the date of the conveyance if the commissioner determines upon
written application from the subdivision that the subdivision has in fact put the property
to the authorized public use for which it was conveyed, and the subdivision has made a
finding that it has no current plans to change the use of the lands. Prior to conveying the
property, the commissioner shall inquire whether the county board where the land is
located objects to a conveyance of the property to the subdivision without conditions and
without further act by or obligation of the subdivision. If the county does not object within
60 days, and the commissioner makes a favorable determination, the commissioner shall
issue a quit claim deed on behalf of the state unconditionally conveying the property to the
governmental subdivision. For purposes of this paragraph, demonstration of an intended
future use for the authorized public use in a formal plan of the governmental subdivision
does not constitute use for that authorized public use.

(c) Property held by a governmental subdivision of the state under a conditional use
deed executed under deleted text begin subdivision 1a, paragraph (e), deleted text end new text begin this section new text end by the commissioner of
revenue before January 1, 2007, is released from the use restriction and possibility of
reversion on January 1, 2022, if the county board records a resolution describing the
land and citing this paragraph. The county board may authorize the county treasurer
to deduct the amount of the recording fees from future settlements of property taxes
to the subdivision.

(d) deleted text begin All deleted text end Property conveyed under a conditional use deed executed under deleted text begin subdivision
1a, paragraph (e), deleted text end new text begin this section new text end by the commissioner of revenue new text begin , regardless of when the
deed for the authorized public use was executed, new text end is released from the use restriction and
reverter, and any use restriction or reverter for which no declaration of reversion has been
recorded with the county recorder or registrar of titles, as appropriate, is nullified on the
later of: (1) January 1, 2015; (2) 30 years from the date the deed was acknowledged; or
(3) final resolution of an appeal to district court under subdivision 1e, if a lis pendens
related to the appeal is recorded in the office of the county recorder or registrar of titles,
as appropriate, prior to January 1, 2015.

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

Minnesota Statutes 2010, section 282.014, is amended to read:

282.014 COMPLETION OF SALE, FEE, CONVEYANCE RECORDED.

new text begin (a) new text end Upon compliance by the purchaser with the provisions of this chapter and with
the terms and conditions of the sale, and upon full payment for the land, plus a $25 fee
in addition to the sale price, the sale shall be complete and a conveyance of the land
shall be issued to the purchaser as provided by the appropriate statutes according to the
status of the land upon forfeiture.

The conveyance must be forwarded to the county auditor who shall have the
conveyance recorded before issuing it to the purchaser.

new text begin (b) In order for the commissioner of revenue to issue a conveyance of tax-forfeited
land under any provision of this chapter other than section 282.01, subdivision 1a,
paragraph (e), or 282.33, and that is not covered by paragraph (a), the grantee must pay
the fee provided in paragraph (a).
new text end

new text begin The conveyance must be forwarded to the county auditor who shall have the
conveyance recorded before issuing it to the grantee.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for deeds executed by the
commissioner of revenue after June 30, 2011.
new text end

Sec. 8.

Minnesota Statutes 2010, section 282.12, is amended to read:

282.12 ALL MINERALS RESERVED.

Any deleted text begin sale of such deleted text end new text begin conveyance of new text end forfeited lands shall be subject to exceptions and
reservations in this state, in trust for the taxing districts of all minerals and mineral rights.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2010.
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 272.02, subdivision 34; 273.124, subdivision 10;
and 281.37, new text end new text begin are repealed.
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

ARTICLE 8

DEPARTMENT TECHNICAL: SALES AND USE TAX

Section 1.

Minnesota Statutes 2010, section 297A.61, subdivision 3, is amended to
read:

Subd. 3.

Sale and purchase.

(a) "Sale" and "purchase" include, but are not limited
to, each of the transactions listed in this subdivision.

(b) Sale and purchase include:

(1) any transfer of title or possession, or both, of tangible personal property, whether
absolutely or conditionally, for a consideration in money or by exchange or barter; and

(2) the leasing of or the granting of a license to use or consume, for a consideration
in money or by exchange or barter, tangible personal property, other than a manufactured
home used for residential purposes for a continuous period of 30 days or more.

(c) Sale and purchase include the production, fabrication, printing, or processing of
tangible personal property for a consideration for consumers who furnish either directly or
indirectly the materials used in the production, fabrication, printing, or processing.

(d) Sale and purchase include the preparing for a consideration of food.
Notwithstanding section 297A.67, subdivision 2, taxable food includes, but is not limited
to, the following:

(1) prepared food sold by the retailer;

(2) soft drinks;

(3) candy;

(4) dietary supplements; and

(5) all food sold through vending machines.

(e) A sale and a purchase includes the furnishing for a consideration of electricity,
gas, water, or steam for use or consumption within this state.

(f) A sale and a purchase includes the transfer for a consideration of prewritten
computer software whether delivered electronically, by load and leave, or otherwise.

(g) A sale and a purchase includes the furnishing for a consideration of the following
services:

(1) the privilege of admission to places of amusement, recreational areas, or athletic
events, and the making available of amusement devices, tanning facilities, reducing
salons, steam baths, Turkish baths, health clubs, and spas or athletic facilities;

(2) lodging and related services by a hotel, rooming house, resort, campground,
motel, or trailer camp, including furnishing the guest of the facility with access to
telecommunication services, and the granting of any similar license to use real property
in a specific facility, other than the renting or leasing of it for a continuous period of
30 days or more under an enforceable written agreement that may not be terminated
without prior notice;

(3) nonresidential parking services, whether on a contractual, hourly, or other
periodic basis, except for parking at a meter;

(4) the granting of membership in a club, association, or other organization if:

(i) the club, association, or other organization makes available for the use of its
members sports and athletic facilities, without regard to whether a separate charge is
assessed for use of the facilities; and

(ii) use of the sports and athletic facility is not made available to the general public
on the same basis as it is made available to members.

Granting of membership means both onetime initiation fees and periodic membership
dues. Sports and athletic facilities include golf courses; tennis, racquetball, handball, and
squash courts; basketball and volleyball facilities; running tracks; exercise equipment;
swimming pools; and other similar athletic or sports facilities;

(5) delivery of aggregate materials by a third party, excluding delivery of aggregate
material used in road construction deleted text begin , deleted text end new text begin ; new text end and delivery of concrete block by a third party if
the delivery would be subject to the sales tax if provided by the seller of the concrete
block; and

(6) services as provided in this clause:

(i) laundry and dry cleaning services including cleaning, pressing, repairing, altering,
and storing clothes, linen services and supply, cleaning and blocking hats, and carpet,
drapery, upholstery, and industrial cleaning. Laundry and dry cleaning services do not
include services provided by coin operated facilities operated by the customer;

(ii) motor vehicle washing, waxing, and cleaning services, including services
provided by coin operated facilities operated by the customer, and rustproofing,
undercoating, and towing of motor vehicles;

(iii) building and residential cleaning, maintenance, and disinfecting services and
pest control and exterminating services;

(iv) detective, security, burglar, fire alarm, and armored car services; but not
including services performed within the jurisdiction they serve by off-duty licensed peace
officers as defined in section 626.84, subdivision 1, or services provided by a nonprofit
organization for monitoring and electronic surveillance of persons placed on in-home
detention pursuant to court order or under the direction of the Minnesota Department
of Corrections;

(v) pet grooming services;

(vi) lawn care, fertilizing, mowing, spraying and sprigging services; garden planting
and maintenance; tree, bush, and shrub pruning, bracing, spraying, and surgery; indoor
plant care; tree, bush, shrub, and stump removal, except when performed as part of a land
clearing contract as defined in section 297A.68, subdivision 40; and tree trimming for
public utility lines. Services performed under a construction contract for the installation of
shrubbery, plants, sod, trees, bushes, and similar items are not taxable;

(vii) massages, except when provided by a licensed health care facility or
professional or upon written referral from a licensed health care facility or professional for
treatment of illness, injury, or disease; and

(viii) the furnishing of lodging, board, and care services for animals in kennels and
other similar arrangements, but excluding veterinary and horse boarding services.

In applying the provisions of this chapter, the terms "tangible personal property"
and "retail sale" include taxable services listed in clause (6), items (i) to (vi) and (viii),
and the provision of these taxable services, unless specifically provided otherwise.
Services performed by an employee for an employer are not taxable. Services performed
by a partnership or association for another partnership or association are not taxable if
one of the entities owns or controls more than 80 percent of the voting power of the
equity interest in the other entity. Services performed between members of an affiliated
group of corporations are not taxable. For purposes of the preceding sentence, "affiliated
group of corporations" means those entities that would be classified as members of an
affiliated group as defined under United States Code, title 26, section 1504, disregarding
the exclusions in section 1504(b).

For purposes of clause (5), "road construction" means construction of (1) public
roads, (2) cartways, and (3) private roads in townships located outside of the seven-county
metropolitan area up to the point of the emergency response location sign.

(h) A sale and a purchase includes the furnishing for a consideration of tangible
personal property or taxable services by the United States or any of its agencies or
instrumentalities, or the state of Minnesota, its agencies, instrumentalities, or political
subdivisions.

(i) A sale and a purchase includes the furnishing for a consideration of
telecommunications services, ancillary services associated with telecommunication
services, cable television services, direct satellite services, and ring tones.
Telecommunication services include, but are not limited to, the following services,
as defined in section 297A.669: air-to-ground radiotelephone service, mobile
telecommunication service, postpaid calling service, prepaid calling service, prepaid
wireless calling service, and private communication services. The services in this
paragraph are taxed to the extent allowed under federal law.

(j) A sale and a purchase includes the furnishing for a consideration of installation if
the installation charges would be subject to the sales tax if the installation were provided
by the seller of the item being installed.

(k) A sale and a purchase includes the rental of a vehicle by a motor vehicle dealer
to a customer when (1) the vehicle is rented by the customer for a consideration, or (2)
the motor vehicle dealer is reimbursed pursuant to a service contract as defined in section
59B.02, subdivision 11.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2010, section 297A.71, subdivision 23, is amended to read:

Subd. 23.

Construction materials for qualified low-income housing projects.

(a)
Purchases of materials and supplies used or consumed in and equipment incorporated into
the construction, improvement, or expansion of qualified low-income housing projects are
exempt from the tax imposed under this chapter if the owner of the qualified low-income
housing project is:

(1) the public housing agency or housing and redevelopment authority of a political
subdivision;

(2) an entity exercising the powers of a housing and redevelopment authority within
a political subdivision;

(3) a limited partnership in which the sole or managing general partner is an
authority under clause (1) or an entity under clause (2), (4), or (5);

(4) a nonprofit corporation subject to the provisions of chapter 317A, and qualifying
under section 501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1986, as amended;

(5) a limited liability company if it consists of a sole member that is an entity under
clause (4); or

(6) an owner entity, as defined in Code of Federal Regulations, title 24, part 941.604,
for a qualified low-income housing project described in paragraph (b), clause (5).

This exemption applies regardless of whether the purchases are made by the owner
of the facility or a contractor.

(b) For purposes of this exemption, "qualified low-income housing project" means:

(1) a housing or mixed use project in which at least 20 percent of the residential units
are qualifying low-income rental housing units as defined in section deleted text begin 273.126 deleted text end new text begin 273.128 new text end ;

(2) a federally assisted low-income housing project financed by a mortgage insured
or held by the United States Department of Housing and Urban Development under
United States Code, title 12, section 1701s, 1715l(d)(3), 1715l(d)(4), or 1715z-1; United
States Code, title 42, section 1437f; the Native American Housing Assistance and
Self-Determination Act, United States Code, title 25, section 4101 et seq.; or any similar
successor federal low-income housing program;

(3) a qualified low-income housing project as defined in United States Code, title
26, section 42(g), meeting all of the requirements for a low-income housing credit under
section 42 of the Internal Revenue Code regardless of whether the project actually applies
for or receives a low-income housing credit;

(4) a project that will be operated in compliance with Internal Revenue Service
revenue procedure 96-32; or

(5) a housing or mixed use project in which all or a portion of the residential units
are subject to the requirements of section 5 of the United States Housing Act of 1937.

(c) For a project, a portion of which is not used for low-income housing units,
the amount of purchases that are exempt under this subdivision must be determined by
multiplying the total purchases, as specified in paragraph (a), by the ratio of:

(1) the total gross square footage of units subject to the income limits under section
deleted text begin 273.126 deleted text end new text begin 273.128 new text end , the financing for the project, the federal low-income housing tax credit,
revenue procedure 96-32, or section 5 of the United States Housing Act of 1937, as
applicable to the project; and

(2) the total gross square footage of all units in the project.

(d) The tax must be imposed and collected as if the rate under section 297A.62,
subdivision 1, applied, and then refunded in the manner provided in section 297A.75.

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 2010, section 297A.89, subdivision 2, is amended to read:

Subd. 2.

Retailer does not collect.

The retailer shall not collect the tax from a
purchaser who furnishes to the retailer a deleted text begin copy of a deleted text end new text begin fully completed exemption new text end certificate
deleted text begin issued by the commissioner authorizing deleted text end new text begin as described in section 297A.72, indicating that new text end
the purchaser new text begin is authorized new text end to pay any sales or use tax due on purchases made by the
purchaser directly to the commissioner under subdivision 1.

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 2010, section 297B.08, is amended to read:

297B.08 TAX PAID IN OTHER STATE; CREDIT, RECIPROCITY.

If any motor vehicle has been or is subject to a tax by any other state in respect to
its sale or use, in an amount less than the tax imposed by this chapter deleted text begin and chapter 297A deleted text end ,
the provisions of this chapter deleted text begin and chapter 297A, deleted text end shall apply, but at a rate measured by
the difference only between the rate fixed in new text begin this new text end chapter deleted text begin 297A deleted text end , and the rate by which the
previous tax paid in the other state upon the sale or use was computed. If the rate of
tax imposed in such other state is the same or more than the rate of tax imposed by new text begin this
new text end chapter deleted text begin 297A deleted text end , then no tax shall be due on such motor vehicle. The provisions of this
section shall apply only if such other state allows a credit with respect to the excise tax
imposed by this chapter deleted text begin and chapter 297A deleted text end , which is substantially similar in effect to
the credit allowed by this section.

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 9

DEPARTMENT TECHNICAL: SPECIAL TAXES

Section 1.

Minnesota Statutes 2010, section 296A.083, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Apportionment. new text end

new text begin The surcharge under this section is subject to the
apportionment provisions of section 296A.18.
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. 2.

Minnesota Statutes 2010, section 296A.18, is amended by adding a subdivision
to read:

new text begin Subd. 6a. new text end

new text begin Computation of nonhighway use amounts. new text end

new text begin The nonhighway use
amounts determined in subdivisions 2 to 6 must be transferred from the highway user tax
distribution fund to the accounts as provided for in sections 84.794, 84.803, 84.83, 84.927,
and 86B.706. These amounts, together with interest and penalties for delinquency in
payment, paid or collected pursuant to the provisions of this chapter, must be computed
for each six-month period ending June 30 and December 31 and must be transferred on
November 1 and June 1 following each six-month period.
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 2010, section 296A.18, subdivision 7, is amended to read:

Subd. 7.

Forest road.

Approximately 0.116 percent of the total annual unrefunded
revenue from the gasoline fuel tax on all gasoline and special fuel received in, produced,
or brought into this state, except gasoline and special fuel used for aviation purposes, is
derived from the operation of motor vehicles on state forest roads and county forest access
roads. This revenue new text begin , together with interest and penalties for delinquency in payment, paid
or collected pursuant to the provisions of this chapter, new text end is appropriated from the highway
user tax distribution fund and must be transferred and credited in equal installments on
July 1 and January 1 to the state forest road account established in section 89.70. Of this
amount, 0.0605 percent is annually derived from motor vehicles operated on state forest
roads and 0.0555 percent is annually derived from motor vehicles operated on county
forest access roads in this state. An amount equal to 0.0555 percent of the unrefunded
revenue must be annually transferred to counties for the management and maintenance of
county forest roads.

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 2010, section 297I.15, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Federal Employees Health Benefits Program. new text end

new text begin Premiums received
under the Federal Employees Health Benefits Act, United States Code, title 5, section
8909(f), as amended by the Omnibus Reconciliation Act of 1990, are exempt from the
taxes and surcharges imposed under this chapter.
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. 5.

Minnesota Statutes 2010, section 298.28, subdivision 2, is amended to read:

Subd. 2.

City or town where quarried or produced.

(a) 4.5 cents per gross ton of
merchantable iron ore concentrate, hereinafter referred to as "taxable ton," plus the amount
provided in paragraph (c), must be allocated to the city or town in the county in which
the lands from which taconite was mined or quarried were located or within which the
concentrate was produced. If the mining, quarrying, and concentration, or different steps
in either thereof are carried on in more than one taxing district, the commissioner shall
apportion equitably the proceeds of the part of the tax going to cities and towns among
such subdivisions upon the basis of attributing 50 percent of the proceeds of the tax to
the operation of mining or quarrying the taconite, and the remainder to the concentrating
plant and to the processes of concentration, and with respect to each thereof giving due
consideration to the relative extent of such operations performed in each such taxing
district. The commissioner's order making such apportionment shall be subject to review
by the Tax Court at the instance of any of the interested taxing districts, in the same
manner as other orders of the commissioner.

(b) Four cents per taxable ton shall be allocated to cities and organized townships
affected by mining because their boundaries are within three miles of a taconite mine pit
that has been actively mined in at least one of the prior three years. If a city or town is
located near more than one mine meeting these criteria, the city or town is eligible to
receive aid calculated from only the mine producing the largest taxable tonnage. When
more than one municipality qualifies for aid based on one company's production, the aid
must be apportioned among the municipalities in proportion to their populations. Of the
amounts distributed under this paragraph to each municipality, one-half must be used for
infrastructure improvement projects, and one-half must be used for projects in which two
or more municipalities cooperate. Each municipality that receives a distribution under this
paragraph must report annually to the Iron Range Resources and Rehabilitation Board and
the commissioner of Iron Range resources and rehabilitation on the projects involving
cooperation with other municipalities.

(c) The amount that would have been computed for the current year under Minnesota
Statutes 2008, section 126C.21, subdivision 4, for a school district deleted text begin within which the
taconite was mined or quarried or within which the concentrate is produced is added to
the amount to be distributed to the cities and towns located within that school district as
provided in paragraph (a) deleted text end new text begin shall be distributed to the cities and townships within the school
district in the proportion that their taxable net tax capacity within the school district bears
to the taxable net tax capacity of the school district for property taxes payable in the
year prior to distribution 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. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 296A.18, subdivision 9, new text end new text begin is repealed.
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

ARTICLE 10

DEPARTMENT TECHNICAL: MISCELLANEOUS

Section 1.

Minnesota Statutes 2010, section 270A.03, subdivision 7, is amended to
read:

Subd. 7.

Refund.

"Refund" means an individual income tax refund or political
contribution refund, pursuant to chapter 290, or a property tax credit or refund, pursuant to
chapter 290A, or a sustainable forest deleted text begin tax deleted text end payment to a claimant under chapter 290C.

For purposes of this chapter, lottery prizes, as set forth in section 349A.08,
subdivision 8, and amounts granted to persons by the legislature on the recommendation
of the joint senate-house of representatives Subcommittee on Claims shall be treated
as refunds.

In the case of a joint property tax refund payable to spouses under chapter 290A,
the refund shall be considered as belonging to each spouse in the proportion of the total
refund that equals each spouse's proportion of the total income determined under section
290A.03, subdivision 3. In the case of a joint income tax refund under chapter 289A, the
refund shall be considered as belonging to each spouse in the proportion of the total
refund that equals each spouse's proportion of the total taxable income determined under
section 290.01, subdivision 29. The commissioner shall remit the entire refund to the
claimant agency, which shall, upon the request of the spouse who does not owe the debt,
determine the amount of the refund belonging to that spouse and refund the amount to
that spouse. For court fines, fees, and surcharges and court-ordered restitution under
section 611A.04, subdivision 2, the notice provided by the commissioner of revenue under
section 270A.07, subdivision 2, paragraph (b), serves as the appropriate legal notice
to the spouse who does not owe the debt.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2010, section 270C.30, is amended to read:

270C.30 RETURNS new text begin AND OTHER DOCUMENTS new text end ; FORMAT; FURNISHING.

The commissioner shall prescribe the content and format of all returns new text begin and other
forms required to be filed under a law administered by the commissioner new text end , and may furnish
them subject to charge on application.

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 2010, section 469.319, subdivision 5, is amended to read:

Subd. 5.

Waiver authority.

(a) The commissioner may waive all or part of a
repayment required under subdivision 1, if the commissioner, in consultation with
the commissioner of employment and economic development and appropriate officials
from the local government units in which the qualified business is located, determines
that requiring repayment of the tax is not in the best interest of the state or the local
government units and the business ceased operating as a result of circumstances beyond
its control including, but not limited to:

(1) a natural disaster;

(2) unforeseen industry trends; or

(3) loss of a major supplier or customer.

(b)(1) The commissioner shall waive repayment required under subdivision 1a if
the commissioner has waived repayment by the operating business under subdivision 1,
unless the person that received benefits without having to operate a business in the zone
was a contributing factor in the qualified business becoming subject to repayment under
subdivision 1;

(2) the commissioner shall waive the repayment required under subdivision 1a, even
if the repayment has not been waived for the operating business if:

(i) the person that received benefits without having to operate a business in the zone
and the business that operated in the zone are not related parties as defined in section
267(b) of the Internal Revenue Code of 1986, as amended through December 31, 2007; and

(ii) actions of the person were not a contributing factor in the qualified business
becoming subject to repayment under subdivision 1.

(c) Requests for waiver must be made no later than 60 days after new text begin the earlier of
new text end the notice date of an order issued under subdivision 4, paragraph (d), or deleted text begin , in the case of
property taxes, within 60 days of deleted text end the date of a tax statement issued under subdivision 4,
paragraph (c).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for waivers requested in response
to notices issued after the day following final enactment.
new text end

ARTICLE 11

MISCELLANEOUS

Section 1.

new text begin [16C.082] CONTRACTS FOR TAX-RELATED ACTIVITIES.
new text end

new text begin An agency may not enter into a contract for tax fraud prevention or detection, or tax
audit-related activities, that compensates a vendor based on a percentage of taxes assessed
or collected. This section does not apply to the commissioner's authority to contract for
debt collection under Minnesota Statutes, section 16D.04.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to contracts entered into on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2010, section 116J.8737, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For the purposes of this section, the following terms
have the meanings given.

(b) "Qualified small business" means a business that has been certified by the
commissioner under subdivision 2.

(c) "Qualified investor" means an investor who has been certified by the
commissioner under subdivision 3.

(d) "Qualified fund" means a pooled angel investment network fund that has been
certified by the commissioner under subdivision 4.

(e) "Qualified investment" means a cash investment in a qualified small business
of a minimum of:

(1) $10,000 in a calendar year by a qualified investor; or

(2) $30,000 in a calendar year by a qualified fund.

A qualified investment must be made in exchange for common stock, a partnership
or membership interest, preferred stock, debt with mandatory conversion to equity, or an
equivalent ownership interest as determined by the commissioner.

(f) "Family" means a family member within the meaning of the Internal Revenue
Code, section 267(c)(4).

(g) "Pass-through entity" means a corporation that for the applicable taxable year is
treated as an S corporation or a general partnership, limited partnership, limited liability
partnership, trust, or limited liability company and which for the applicable taxable year is
not taxed as a corporation under chapter 290.

new text begin (h) "Intern" means a student of an accredited institution of higher education, or a
former student who has graduated in the past six months from an accredited institution
of higher education, who is employed by a qualified small business in a nonpermanent
position for a duration of nine months or less that provides training and experience in the
primary business activity of the business.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2011.
new text end

Sec. 3.

Minnesota Statutes 2010, section 116J.8737, subdivision 2, is amended to read:

Subd. 2.

Certification of qualified small businesses.

(a) Businesses may apply
to the commissioner for certification as a qualified small business for a calendar year.
The application must be in the form and be made under the procedures specified by the
commissioner, accompanied by an application fee of $150. Application fees are deposited
in the small business investment tax credit administration account in the special revenue
fund. The application for certification for 2010 must be made available on the department's
Web site by August 1, 2010. Applications for subsequent years' certification must be made
available on the department's Web site by November 1 of the preceding year.

(b) Within 30 days of receiving an application for certification under this subdivision,
the commissioner must either certify the business as satisfying the conditions required of a
qualified small business, request additional information from the business, or reject the
application for certification. If the commissioner requests additional information from the
business, the commissioner must either certify the business or reject the application within
30 days of receiving the additional information. If the commissioner neither certifies the
business nor rejects the application within 30 days of receiving the original application or
within 30 days of receiving the additional information requested, whichever is later, then
the application is deemed rejected, and the commissioner must refund the $150 application
fee. A business that applies for certification and is rejected may reapply.

(c) To receive certification, a business must satisfy all of the following conditions:

(1) the business has its headquarters in Minnesota;

(2) at least 51 percent of the business's employees are employed in Minnesota, and
51 percent of the business's total payroll is paid or incurred in the state;

(3) the business is engaged in, or is committed to engage in, innovation in Minnesota
in one of the following as its primary business activity:

(i) using proprietary technology to add value to a product, process, or service in a
qualified high-technology field;

(ii) researching or developing a proprietary product, process, or service in a qualified
high-technology field; or

(iii) researching, developing, or producing a new proprietary technology for use in
the fields of agriculture, tourism, forestry, mining, manufacturing, or transportation;

(4) other than the activities specifically listed in clause (3), the business is not
engaged in real estate development, insurance, banking, lending, lobbying, political
consulting, information technology consulting, wholesale or retail trade, leisure,
hospitality, transportation, construction, ethanol production from corn, or professional
services provided by attorneys, accountants, business consultants, physicians, or health
care consultants;

(5) the business has fewer than 25 employees;

(6) the business must pay its employees annual wages of at least 175 percent of the
federal poverty guideline for the year for a family of four new text begin and must pay its interns annual
wages of at least 175 percent of the federal minimum wage used for federally covered
employers new text end , except that this requirement must be reduced proportionately for employees
new text begin and interns new text end who work less than full-time, and does not apply to an executive, officer, or
member of the board of the business, or to any employee who owns, controls, or holds
power to vote more than 20 percent of the outstanding securities of the business;

(7) the business has not been in operation for more than ten years;

(8) the business has not previously received private equity investments of more
than deleted text begin $2,000,000 deleted text end new text begin $4,000,000 new text end ; and

(9) the business is not an entity disqualified under section 80A.50, paragraph (b),
clause (3).

(d) In applying the limit under paragraph (c), clause (5), the employees in all
members of the unitary business, as defined in section 290.17, subdivision 4, must be
included.

(e) In order for a qualified investment in a business to be eligible for tax credits, the
business must have applied for and received certification for the calendar year in which
the investment was made prior to the date on which the qualified investment was made.

(f) The commissioner must maintain a list of businesses certified under this
subdivision for the calendar year and make the list accessible to the public on the
department's Web site.

(g) For purposes of this subdivision, the following terms have the meanings given:

(1) "qualified high-technology field" includes aerospace, agricultural processing,
renewable energy, energy efficiency and conservation, environmental engineering, food
technology, cellulosic ethanol, information technology, materials science technology,
nanotechnology, telecommunications, biotechnology, medical device products,
pharmaceuticals, diagnostics, biologicals, chemistry, veterinary science, and similar
fields; and

(2) "proprietary technology" means the technical innovations that are unique and
legally owned or licensed by a business and includes, without limitation, those innovations
that are patented, patent pending, a subject of trade secrets, or copyrighted.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2011.
new text end

Sec. 4.

Minnesota Statutes 2010, section 116J.8737, subdivision 4, is amended to read:

Subd. 4.

Certification of qualified funds.

(a) A pass-through entity may apply to
the commissioner for certification as a qualified fund for a calendar year. The application
must be in the form and be made under the procedures specified by the commissioner,
accompanied by an application fee of $1,000. Application fees are deposited in the small
business investment tax credit administration account in the special revenue fund. The
application for certification for 2010 of qualified funds must be made available on the
department's Web site by August 1, 2010. Applications for subsequent years' certification
must be made available by November 1 of the preceding year.

(b) Within 30 days of receiving an application for certification under this subdivision,
the commissioner must either certify the fund as satisfying the conditions required of a
qualified fund, request additional information from the fund, or reject the application
for certification. If the commissioner requests additional information from the fund,
the commissioner must either certify the fund or reject the application within 30 days
of receiving the additional information. If the commissioner neither certifies the fund
nor rejects the application within 30 days of receiving the original application or within
30 days of receiving the additional information requested, whichever is later, then the
application is deemed rejected, and the commissioner must refund the $1,000 application
fee. A fund that applies for certification and is rejected may reapply.

(c) To receive certification, a fund must:

(1) invest or intend to invest in qualified small businesses;

(2) be organized as a pass-through entity; and

(3) have at least three separate investors, deleted text begin all deleted text end of whom new text begin at least three whose investment
is made in the certified business and who seek a tax credit allocation new text end satisfy the conditions
in subdivision 3, paragraph (c).

(d) Investments in the fund may consist of equity investments or notes that pay
interest or other fixed amounts, or any combination of both.

(e) In order for a qualified investment in a qualified small business to be eligible for
tax credits, a qualified fund that makes the investment must have applied for and received
certification for the calendar year prior to making the qualified investment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2011.
new text end

Sec. 5.

Minnesota Statutes 2010, section 270A.03, subdivision 2, is amended to read:

Subd. 2.

Claimant agency.

"Claimant agency" means any state agency, as defined
by section 14.02, subdivision 2, the regents of the University of Minnesota, any district
court of the state, any county, any statutory or home rule charter city, including a city
that is presenting a claim for a municipal hospital or a public library or a municipal
ambulance service, a hospital district, a private nonprofit hospital that leases its building
from the county or city in which it is located, new text begin any ambulance service licensed under
chapter 144E, new text end any public agency responsible for child support enforcement, any public
agency responsible for the collection of court-ordered restitution, and any public agency
established by general or special law that is responsible for the administration of a
low-income housing program, and the Minnesota collection enterprise as defined in
section 16D.02, subdivision 8, for the purpose of collecting the costs imposed under
section 16D.11. deleted text begin A county may act as a claimant agency on behalf of an ambulance service
licensed under chapter 144E if the ambulance service's primary service area is located at
least in part within the county, but more than one county may not act as a claimant agency
for a licensed ambulance service with respect to the same debt.
deleted 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. 6.

Minnesota Statutes 2010, section 270A.07, subdivision 1, is amended to read:

Subdivision 1.

Notification requirement.

(a) Any claimant agency, seeking
collection of a debt through setoff against a refund due, shall submit to the commissioner
information indicating the amount of each debt and information identifying the debtor, as
required by section 270A.04, subdivision 3.

(b) For each setoff of a debt against a refund due, the commissioner shall charge a fee
of $15. The proceeds of fees shall be allocated by depositing $4 of each $15 fee collected
into a Department of Revenue recapture revolving fund and depositing the remaining
balance into the general fund. The sums deposited into the revolving fund are appropriated
to the commissioner for the purpose of administering the Revenue Recapture Act.

(c) deleted text begin For each debt for which a county acts as claimant agency on behalf of a licensed
ambulance service, the county may charge the ambulance service a fee not to exceed the
cost of administering the claim.
deleted text end

deleted text begin (d) deleted text end The claimant agency shall notify the commissioner when a debt has been
satisfied or reduced by at least $200 within 30 days after satisfaction or reduction.

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

Minnesota Statutes 2010, section 272.02, is amended by adding a subdivision
to read:

new text begin Subd. 95. new text end

new text begin St. Louis County fairgrounds. new text end

new text begin Land and buildings used exclusively for
county or community fairgrounds as provided in section 383C.164.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes payable in 2012 and
thereafter.
new text end

Sec. 8.

Minnesota Statutes 2010, section 273.13, subdivision 23, is amended to read:

Subd. 23.

Class 2.

(a) An agricultural homestead consists of class 2a agricultural
land that is homesteaded, along with any class 2b rural vacant land that is contiguous to
the class 2a land under the same ownership. The market value of the house and garage
and immediately surrounding one acre of land has the same class rates as class 1a or 1b
property under subdivision 22. The value of the remaining land including improvements
up to the first tier valuation limit of agricultural homestead property has a net class rate
of 0.5 percent of market value. The remaining property over the first tier has a class rate
of one percent of market value. For purposes of this subdivision, the "first tier valuation
limit of agricultural homestead property" and "first tier" means the limit certified under
section 273.11, subdivision 23.

(b) Class 2a agricultural land consists of parcels of property, or portions thereof, that
are agricultural land and buildings. Class 2a property has a net class rate of one percent of
market value, unless it is part of an agricultural homestead under paragraph (a). Class
2a property must also include any property that would otherwise be classified as 2b,
but is interspersed with class 2a property, including but not limited to sloughs, wooded
wind shelters, acreage abutting ditches, ravines, rock piles, land subject to a setback
requirement, and other similar land that is impractical for the assessor to value separately
from the rest of the property or that is unlikely to be able to be sold separately from
the rest of the property.

An assessor may classify the part of a parcel described in this subdivision that is used
for agricultural purposes as class 2a and the remainder in the class appropriate to its use.

(c) Class 2b rural vacant land consists of parcels of property, or portions thereof,
that are unplatted real estate, rural in character and not used for agricultural purposes,
including land used for growing trees for timber, lumber, and wood and wood products,
that is not improved with a structure. The presence of a minor, ancillary nonresidential
structure as defined by the commissioner of revenue does not disqualify the property from
classification under this paragraph. Any parcel of 20 acres or more improved with a
structure that is not a minor, ancillary nonresidential structure must be split-classified, and
ten acres must be assigned to the split parcel containing the structure. Class 2b property
has a net class rate of one percent of market value unless it is part of an agricultural
homestead under paragraph (a), or qualifies as class 2c under paragraph (d).

(d) Class 2c managed forest land consists of no less than 20 and no more than 1,920
acres statewide per taxpayer that is being managed under a forest management plan that
meets the requirements of chapter 290C, but is not enrolled in the sustainable forest
resource management incentive program. It has a class rate of .65 percent, provided that
the owner of the property must apply to the assessor in order for the property to initially
qualify for the reduced rate and provide the information required by the assessor to verify
that the property qualifies for the reduced rate. If the assessor receives the application
and information before May 1 in an assessment year, the property qualifies beginning
with that assessment year. If the assessor receives the application and information after
April 30 in an assessment year, the property may not qualify until the next assessment
year. The commissioner of natural resources must concur that the land is qualified. The
commissioner of natural resources shall annually provide county assessors verification
information on a timely basis. The presence of a minor, ancillary nonresidential structure
as defined by the commissioner of revenue does not disqualify the property from
classification under this paragraph.

(e) Agricultural land as used in this section means contiguous acreage of ten
acres or more, used during the preceding year for agricultural purposes. "Agricultural
purposes" as used in this section means the raising, cultivation, drying, or storage of
agricultural products for sale, or the storage of machinery or equipment used in support
of agricultural production by the same farm entity. For a property to be classified as
agricultural based only on the drying or storage of agricultural products, the products
being dried or stored must have been produced by the same farm entity as the entity
operating the drying or storage facility. "Agricultural purposes" also includes enrollment
in the Reinvest in Minnesota program under sections 103F.501 to 103F.535 or the federal
Conservation Reserve Program as contained in Public Law 99-198 or a similar state
or federal conservation program if the property was classified as agricultural (i) under
this subdivision for the assessment year 2002 or (ii) in the year prior to its enrollment.
Agricultural classification shall not be based upon the market value of any residential
structures on the parcel or contiguous parcels under the same ownership.

(f) Real estate of less than ten acres, which is exclusively or intensively used for
raising or cultivating agricultural products, shall be considered as agricultural land. To
qualify under this paragraph, property that includes a residential structure must be used
intensively for one of the following purposes:

(i) for drying or storage of grain or storage of machinery or equipment used to
support agricultural activities on other parcels of property operated by the same farming
entity;

(ii) as a nursery, provided that only those acres used to produce nursery stock are
considered agricultural land;

(iii) for livestock or poultry confinement, provided that land that is used only for
pasturing and grazing does not qualify; or

(iv) for market farming; for purposes of this paragraph, "market farming" means the
cultivation of one or more fruits or vegetables or production of animal or other agricultural
products for sale to local markets by the farmer or an organization with which the farmer
is affiliated.

(g) Land shall be classified as agricultural even if all or a portion of the agricultural
use of that property is the leasing to, or use by another person for agricultural purposes.

Classification under this subdivision is not determinative for qualifying under
section 273.111.

(h) The property classification under this section supersedes, for property tax
purposes only, any locally administered agricultural policies or land use restrictions that
define minimum or maximum farm acreage.

(i) The term "agricultural products" as used in this subdivision includes production
for sale of:

(1) livestock, dairy animals, dairy products, poultry and poultry products, fur-bearing
animals, horticultural and nursery stock, fruit of all kinds, vegetables, forage, grains,
bees, and apiary products by the owner;

(2) fish bred for sale and consumption if the fish breeding occurs on land zoned
for agricultural use;

(3) the commercial boarding of horses, which may include related horse training and
riding instruction, if the boarding is done on property that is also used for raising pasture
to graze horses or raising or cultivating other agricultural products as defined in clause (1);

(4) property which is owned and operated by nonprofit organizations used for
equestrian activities, excluding racing;

(5) game birds and waterfowl bred and raised new text begin (i) on a game farm licensed under
section 97A.105, provided that the annual licensing report, which must be submitted
annually by March 30 to the assessor, to the Department of Natural Resources indicates
that at least 500 birds were raised or used for breeding stock on the property during the
year; or (ii) new text end for use on a shooting preserve licensed under section 97A.115;

(6) insects primarily bred to be used as food for animals;

(7) trees, grown for sale as a crop, including short rotation woody crops, and not
sold for timber, lumber, wood, or wood products; and

(8) maple syrup taken from trees grown by a person licensed by the Minnesota
Department of Agriculture under chapter 28A as a food processor.

(j) If a parcel used for agricultural purposes is also used for commercial or industrial
purposes, including but not limited to:

(1) wholesale and retail sales;

(2) processing of raw agricultural products or other goods;

(3) warehousing or storage of processed goods; and

(4) office facilities for the support of the activities enumerated in clauses (1), (2),
and (3),

the assessor shall classify the part of the parcel used for agricultural purposes as class
1b, 2a, or 2b, whichever is appropriate, and the remainder in the class appropriate to its
use. The grading, sorting, and packaging of raw agricultural products for first sale is
considered an agricultural purpose. A greenhouse or other building where horticultural
or nursery products are grown that is also used for the conduct of retail sales must be
classified as agricultural if it is primarily used for the growing of horticultural or nursery
products from seed, cuttings, or roots and occasionally as a showroom for the retail sale of
those products. Use of a greenhouse or building only for the display of already grown
horticultural or nursery products does not qualify as an agricultural purpose.

(k) The assessor shall determine and list separately on the records the market value
of the homestead dwelling and the one acre of land on which that dwelling is located. If
any farm buildings or structures are located on this homesteaded acre of land, their market
value shall not be included in this separate determination.

(l) Class 2d airport landing area consists of a landing area or public access area of
a privately owned public use airport. It has a class rate of one percent of market value.
To qualify for classification under this paragraph, a privately owned public use airport
must be licensed as a public airport under section 360.018. For purposes of this paragraph,
"landing area" means that part of a privately owned public use airport properly cleared,
regularly maintained, and made available to the public for use by aircraft and includes
runways, taxiways, aprons, and sites upon which are situated landing or navigational aids.
A landing area also includes land underlying both the primary surface and the approach
surfaces that comply with all of the following:

(i) the land is properly cleared and regularly maintained for the primary purposes of
the landing, taking off, and taxiing of aircraft; but that portion of the land that contains
facilities for servicing, repair, or maintenance of aircraft is not included as a landing area;

(ii) the land is part of the airport property; and

(iii) the land is not used for commercial or residential purposes.

The land contained in a landing area under this paragraph must be described and certified
by the commissioner of transportation. The certification is effective until it is modified,
or until the airport or landing area no longer meets the requirements of this paragraph.
For purposes of this paragraph, "public access area" means property used as an aircraft
parking ramp, apron, or storage hangar, or an arrival and departure building in connection
with the airport.

(m) Class 2e consists of land with a commercial aggregate deposit that is not actively
being mined and is not otherwise classified as class 2a or 2b, provided that the land is not
located in a county that has elected to opt-out of the aggregate preservation program as
provided in section 273.1115, subdivision 6. It has a class rate of one percent of market
value. To qualify for classification under this paragraph, the property must be at least
ten contiguous acres in size and the owner of the property must record with the county
recorder of the county in which the property is located an affidavit containing:

(1) a legal description of the property;

(2) a disclosure that the property contains a commercial aggregate deposit that is not
actively being mined but is present on the entire parcel enrolled;

(3) documentation that the conditional use under the county or local zoning
ordinance of this property is for mining; and

(4) documentation that a permit has been issued by the local unit of government
or the mining activity is allowed under local ordinance. The disclosure must include a
statement from a registered professional geologist, engineer, or soil scientist delineating
the deposit and certifying that it is a commercial aggregate deposit.

For purposes of this section and section 273.1115, "commercial aggregate deposit"
means a deposit that will yield crushed stone or sand and gravel that is suitable for use
as a construction aggregate; and "actively mined" means the removal of top soil and
overburden in preparation for excavation or excavation of a commercial deposit.

(n) When any portion of the property under this subdivision or subdivision 22 begins
to be actively mined, the owner must file a supplemental affidavit within 60 days from
the day any aggregate is removed stating the number of acres of the property that is
actively being mined. The acres actively being mined must be (1) valued and classified
under subdivision 24 in the next subsequent assessment year, and (2) removed from the
aggregate resource preservation property tax program under section 273.1115, if the
land was enrolled in that program. Copies of the original affidavit and all supplemental
affidavits must be filed with the county assessor, the local zoning administrator, and the
Department of Natural Resources, Division of Land and Minerals. A supplemental
affidavit must be filed each time a subsequent portion of the property is actively mined,
provided that the minimum acreage change is five acres, even if the actual mining activity
constitutes less than five acres.

(o) The definitions prescribed by the commissioner under paragraphs (c) and (d) are
not rules and are exempt from the rulemaking provisions of chapter 14, and the provisions
in section 14.386 concerning exempt rules do not apply.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes payable in 2012 and
thereafter.
new text end

Sec. 9.

Minnesota Statutes 2010, section 278.05, subdivision 6, is amended to read:

Subd. 6.

Dismissal of petition; exclusion of certain evidence.

(a) In cases where
the petitioner contests the valuation of income-producing property, deleted text begin information, including
income and expense figures in the form of deleted text end new text begin the following information must be provided to
the county assessor no later than August 1 of the taxes payable year: new text end

(1) new text begin a new text end year-end financial deleted text begin statements deleted text end new text begin statement new text end for the year prior to the assessment
date deleted text begin , deleted text end new text begin ; new text end

(2) new text begin a new text end year-end financial deleted text begin statements deleted text end new text begin statement new text end for the year of the assessment date deleted text begin , and deleted text end new text begin ; new text end

(3) new text begin a new text end rent deleted text begin rolls deleted text end new text begin roll new text end on new text begin or near new text end the assessment date deleted text begin including deleted text end new text begin listing the new text end tenant name,
lease start and end dates, deleted text begin option terms, deleted text end base rent, square footage leased and vacant space deleted text begin ,
verified net rentable areas in the form of net rentable square footage of the building or
buildings, and anticipated income and expenses in the form of proposed budgets for
the year subsequent to the year of the assessment date, must be provided to the county
assessor no later than 60 days after the applicable filing deadline contained in section
278.01, subdivision 1 or 4. deleted text end new text begin ;
new text end

new text begin (4) identification of all lease agreements not disclosed on a rent roll in the response
to clause (3), listing the tenant name, lease start and end dates, base rent, and square
footage leased;
new text end

new text begin (5) net rentable square footage of the building or buildings; and
new text end

new text begin (6) anticipated income and expenses in the form of a proposed budget for the year
subsequent to the year of the assessment date.
new text end

new text begin (b) The information required to be provided to the county assessor under paragraph
(a) does not include leases. new text end Failure to provide the information required in deleted text begin this deleted text end paragraph new text begin (a)
new text end shall result in the dismissal of the petition, unless (1) the failure to provide it was due to the
unavailability of the deleted text begin evidence deleted text end new text begin information new text end at the time that the information was due, or (2)
the petitioner was not aware of or informed of the requirement to provide the information.

If the petitioner proves that the requirements under clause (2) are met, the petitioner has
an additional 30 days to provide the information from the time the petitioner became
aware of or was informed of the requirement to provide the information, otherwise the
petition shall be dismissed.

new text begin (c) If, after the August 1 deadline set in paragraph (a), a county assessor determines
that the actual leases in effect on the assessment date are necessary to properly evaluate
the income-producing property, then a county assessor may require that the petitioner
submit the leases. The petitioner must provide the requested information to the county
assessor within 60 days of a county assessor's request. The tax court shall hear and decide
any issues relating to subsequent information requests by a county assessor. Failure to
provide the information required in this paragraph shall be addressed under Rules of
Civil Procedure, rule 37.
new text end

deleted text begin (b) deleted text end new text begin (d) new text end Provided that the information as contained in paragraph (a) is timely
submitted to the county assessor, the county assessor shall furnish the petitioner at least
five days before the hearing under this chapter with the property's appraisal, if any,
which will be presented to the court at the hearing. The petitioner shall furnish to the
county assessor at least five days before the hearing under this chapter with the property's
appraisal, if any, which will be presented to the court at the hearing. An appraisal of the
petitioner's property done by or for the county shall not be admissible as evidence if the
county assessor does not comply with the provisions in this paragraph. The petition shall
be dismissed if the petitioner does not comply with the provisions in this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for petitions contesting the 2010
assessment and assessments made after that date.
new text end

Sec. 10.

Minnesota Statutes 2010, section 383C.16, subdivision 1, is amended to read:

Subdivision 1.

Appropriation.

The St. Louis County Board may annually
appropriate deleted text begin not to exceed $2,000 deleted text end new text begin funding new text end to assist in deleted text begin the deleted text end maintaining deleted text begin of a deleted text end new text begin one or more new text end
county deleted text begin fair deleted text end new text begin fairs new text end , which deleted text begin fair deleted text end shall be under the management and control of a county
agricultural society new text begin or another entity designated by the board new text end . deleted text begin Such deleted text end new text begin The new text end appropriation
shall be made either to the treasurer of such society or to some other suitable person, but
before such money is paid to such treasurer or other person, the payee shall file with the
county auditor a satisfactory bond in double the sum of said appropriation, conditioned
upon a faithful disbursing and accounting for all of said funds so appropriated. Said
funds so appropriated shall be used solely for the purpose of obtaining, preparing, and
arranging exhibits and paying premiums to exhibitors. The treasurer or other person to
whom said appropriation is paid shall within four months after the holding of any such
aided annual fair, file with the county auditor a verified and detailed report showing the
name and address of every person to whom any of said money was paid, together with
the date of payment and a full description of the purposes for which the money was so
paid and shall attach thereto receipts and subvouchers for each payment so made and shall
return to the county treasurer all of the unexpended portion thereof. After said report and
receipts and subvouchers have been audited by the county board and found to be correct,
they may by resolution release said treasurer or other person and sureties from all further
liabilities under such bond.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after final enactment for taxes
payable in 2012 and thereafter.
new text end

Sec. 11.

new text begin [383C.164] FAIRGROUNDS; EXEMPT FROM TAXATION.
new text end

new text begin Land and buildings used exclusively as the site for a county or community fair under
section 383C.16 or 383C.161 are exempt from property taxation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes payable in 2012 and
thereafter.
new text end

Sec. 12.

Minnesota Statutes 2010, section 383E.21, is amended to read:

383E.21 BONDING FOR new text begin COUNTYWIDE new text end PUBLIC SAFETY
deleted text begin COMMUNICATION SYSTEMS deleted text end new text begin IMPROVEMENTS AND EQUIPMENT new text end .

Subdivision 1.

Authority to incur debt.

(a) To finance the cost of designing,
constructing, and acquiring new text begin countywide new text end public safety deleted text begin communication system infrastructure deleted text end new text begin
improvements new text end and equipment, new text begin including personal property, benefiting both Anoka County
and the municipalities located within Anoka County, new text end the governing body of Anoka
County may issue:

(1) capital improvement bonds under the provisions of section 373.40 as if the
infrastructure and equipment qualified as a "capital improvement" within the meaning of
section 373.40, subdivision 1, paragraph (b); and

(2) capital notes under the provisions of section 373.01, subdivision 3, as if the
equipment qualified as "capital equipment" within the meaning of section 373.01,
subdivision 3. new text begin Personal property acquired with the proceeds of the bonds or capital
notes issued under this section must have an expected useful life at least as long as the
term of debt.
new text end

(b) The deleted text begin original deleted text end new text begin outstanding new text end principal amount of the bonds and the capital notes
issued under this section may not exceed deleted text begin $12,500,000 deleted text end new text begin $8,000,000 at any time new text end . new text begin Any bonds
or notes issued pursuant to this section must only be issued after approval by a majority
vote of the Anoka County Joint Law Enforcement Council, a joint powers board.
new text end

Subd. 2.

Treatment of levy.

Notwithstanding sections 275.065, subdivision 3, and
276.04, the county may report the tax attributable to any levy to pay principal and interest
on bonds or notes issued under this section as a separate line item on the proposed property
tax notice and the property tax statement. new text begin Notwithstanding any provision in chapter 275 or
373 to the contrary, bonds or notes issued by Anoka County under this section must not be
included in the computation of the net debt of Anoka County.
new text end

Subd. 3.

Expiration.

This section expires deleted text begin ten years after the first year in which the
county issues a note or bond under this section deleted text end new text begin on December 31, 2023 new text end . The county may
not issue a bond or note under this section with a maturity or payment date after the
expiration date of this section. No property tax may be levied under this section for taxes
payable in a calendar year after the calendar year in which this section expires. Expiration
of this section does not affect the obligation to pay or the authority to collect taxes levied
under this section before its expiration.

Sec. 13.

Minnesota Statutes 2010, section 469.176, subdivision 4c, is amended to read:

Subd. 4c.

Economic development districts.

(a) Revenue derived from tax
increment from an economic development district may not be used to provide
improvements, loans, subsidies, grants, interest rate subsidies, or assistance in any form
to developments consisting of buildings and ancillary facilities, if more than 15 percent
of the buildings and facilities (determined on the basis of square footage) are used for a
purpose other than:

(1) the manufacturing or production of tangible personal property, including
processing resulting in the change in condition of the property;

(2) warehousing, storage, and distribution of tangible personal property, excluding
retail sales;

(3) research and development related to the activities listed in clause (1) or (2);

(4) telemarketing if that activity is the exclusive use of the property;

(5) tourism facilities;

(6) qualified border retail facilities; or

(7) space necessary for and related to the activities listed in clauses (1) to (6).

(b) Notwithstanding the provisions of this subdivision, revenues derived from tax
increment from an economic development district may be used to provide improvements,
loans, subsidies, grants, interest rate subsidies, or assistance in any form for up to 15,000
square feet of any separately owned commercial facility located within the municipal
jurisdiction of a small city, if the revenues derived from increments are spent only to
assist the facility directly or for administrative expenses, the assistance is necessary to
develop the facility, and all of the increments, except those for administrative expenses,
are spent only for activities within the district.

(c) A city is a small city for purposes of this subdivision if the city was a small city
in the year in which the request for certification was made and applies for the rest of
the duration of the district, regardless of whether the city qualifies or ceases to qualify
as a small city.

(d) Notwithstanding the requirements of paragraph (a) and the finding requirements
of section 469.174, subdivision 12, tax increments from an economic development district
may be used to provide improvements, loans, subsidies, grants, interest rate subsidies, or
assistance in any form to developments consisting of buildings and ancillary facilities, if
all the following conditions are met:

(1) the municipality finds that the project will create or retain jobs in this state,
including construction jobs, and that construction of the project would not have
commenced before July 1, deleted text begin 2011 deleted text end new text begin 2012 new text end , without the authority providing assistance under
the provisions of this paragraph;

(2) construction of the project begins no later than July 1, deleted text begin 2011 deleted text end new text begin 2012 new text end ; deleted text begin and
deleted text end

(3) the request for certification of the district is made no later than June 30, deleted text begin 2011 deleted text end new text begin
2012; and
new text end

new text begin (4) for development of housing under this paragraph, the construction must begin
before January 1, 2012 new text end .

new text begin The provisions of this paragraph may not be used to assist housing that is developed
to qualify under section 469.1761, subdivision 2 or 3, or similar requirements of other law,
if construction of the project begins later than July 1, 2011.
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. 14.

Minnesota Statutes 2010, section 469.176, subdivision 4m, is amended to read:

Subd. 4m.

Temporary authority to stimulate construction.

(a) Notwithstanding
the restrictions in any other subdivision of this section or any other law to the contrary,
except the requirement to pay bonds to which the increments are pledged and the
provisions of subdivisions 4g and 4h, the authority may spend tax increments for one or
more of the following purposes:

(1) to provide improvements, loans, interest rate subsidies, or assistance in any
form to private development consisting of the construction or substantial rehabilitation
of buildings and ancillary facilities, if doing so will create or retain jobs in this state,
including construction jobs, and that the construction commences before July 1, deleted text begin 2011 deleted text end new text begin
2012 new text end , and would not have commenced before that date without the assistance; or

(2) to make an equity or similar investment in a corporation, partnership, or limited
liability company that the authority determines is necessary to make construction of a
development that meets the requirements of clause (1) financially feasible.

(b) The authority may undertake actions under the authority of this subdivision only
after approval by the municipality of a written spending plan that specifically authorizes
the authority to take the actions. The municipality shall approve the spending plan only
after a public hearing after published notice in a newspaper of general circulation in
the municipality at least once, not less than ten days nor more than 30 days prior to the
date of the hearing.

(c) The authority to spend tax increments under this subdivision expires December
31, deleted text begin 2011 deleted text end new text begin 2012 new text end .

new text begin (d) For a development consisting of housing, the authority to spend tax increments
under this subdivision expires December 31, 2011, and construction must commence
before July 1, 2011, except the authority to spend tax increments on market rate housing
developments under this subdivision expires July 31, 2012, and construction must
commence before January 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. 15.

Minnesota Statutes 2010, section 469.1763, subdivision 2, is amended to read:

Subd. 2.

Expenditures outside district.

(a) For each tax increment financing
district, an amount equal to at least 75 percent of the total revenue derived from tax
increments paid by properties in the district must be expended on activities in the district
or to pay bonds, to the extent that the proceeds of the bonds were used to finance activities
in the district or to pay, or secure payment of, debt service on credit enhanced bonds.
For districts, other than redevelopment districts for which the request for certification
was made after June 30, 1995, the in-district percentage for purposes of the preceding
sentence is 80 percent. Not more than 25 percent of the total revenue derived from tax
increments paid by properties in the district may be expended, through a development fund
or otherwise, on activities outside of the district but within the defined geographic area of
the project except to pay, or secure payment of, debt service on credit enhanced bonds.
For districts, other than redevelopment districts for which the request for certification was
made after June 30, 1995, the pooling percentage for purposes of the preceding sentence is
20 percent. The revenue derived from tax increments for the district that are expended on
costs under section 469.176, subdivision 4h, paragraph (b), may be deducted first before
calculating the percentages that must be expended within and without the district.

(b) In the case of a housing district, a housing project, as defined in section 469.174,
subdivision 11, is an activity in the district.

(c) All administrative expenses are for activities outside of the district, except that
if the only expenses for activities outside of the district under this subdivision are for
the purposes described in paragraph (d), administrative expenses will be considered as
expenditures for activities in the district.

(d) The authority may elect, in the tax increment financing plan for the district,
to increase by up to ten percentage points the permitted amount of expenditures for
activities located outside the geographic area of the district under paragraph (a). As
permitted by section 469.176, subdivision 4k, the expenditures, including the permitted
expenditures under paragraph (a), need not be made within the geographic area of the
project. Expenditures that meet the requirements of this paragraph are legally permitted
expenditures of the district, notwithstanding section 469.176, subdivisions 4b, 4c, and 4j.
To qualify for the increase under this paragraph, the expenditures must:

(1) be used exclusively to assist housing that meets the requirement for a qualified
low-income building, as that term is used in section 42 of the Internal Revenue Code; new text begin and
new text end

(2) not exceed the qualified basis of the housing, as defined under section 42(c) of
the Internal Revenue Code, less the amount of any credit allowed under section 42 of
the Internal Revenue Code; and

(3) be used to:

(i) acquire and prepare the site of the housing;

(ii) acquire, construct, or rehabilitate the housing; or

(iii) make public improvements directly related to the housing deleted text begin . deleted text end new text begin ; or
new text end

new text begin (4) be used to develop housing:
new text end

new text begin (i) if the market value of the housing does not exceed the lesser of:
new text end

new text begin (A) 150 percent of the average market value of single-family homes in that
municipality; or
new text end

new text begin (B) $200,000 for municipalities located in the metropolitan area, as defined in
section 473.121, or $125,000 for all other municipalities; and
new text end

new text begin (ii) if the expenditures are used to pay the cost of site acquisition, relocation,
demolition of existing structures, site preparation, and pollution abatement on one or
more parcels, if the parcel new text end new text begin contains a residence containing one to four family dwelling
units that has been vacant for six or more months and new text end new text begin is in foreclosure as defined in
section 325N.10, subdivision 7, but without regard to whether the residence is the owner's
principal residence, and only after the redemption period stated in the notice provided
under section 580.06 has expired.
new text end

(e) For a district created within a biotechnology and health sciences industry zone
as defined in section 469.330, subdivision 6, or for an existing district located within
such a zone, tax increment derived from such a district may be expended outside of the
district but within the zone only for expenditures required for the construction of public
infrastructure necessary to support the activities of the zone, land acquisition, and other
redevelopment costs as defined in section 469.176, subdivision 4j. These expenditures are
considered as expenditures for activities within the district.

new text begin (f) The authority under paragraph (d), clause (4), expires on December 31, 2016.
Increments may continue to be expended under this authority after that date, if they are
used to pay bonds or binding contracts that would qualify under subdivision 3, paragraph
(a), if December 31, 2016, is considered to be the last date of the five-year period after
certification under that provision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for any district that is subject to the
provisions of section 469.1763, regardless of when the request for certification of the
district was made.
new text end

Sec. 16.

Laws 2010, chapter 389, article 7, section 22, is amended to read:

Sec. 22. CITY OF RAMSEY; TAX INCREMENT FINANCING DISTRICT;
SPECIAL RULES.

(a) If the city of Ramsey or an authority of the city elects upon the adoption of a tax
increment financing plan for a district, the rules under this section apply to a redevelopment
tax increment financing district established by the city or an authority of the city. The
redevelopment tax increment district includes parcels within the area bounded on the new text begin east
by Ramsey Boulevard, on the new text end north by Bunker Lake Boulevard as extended west to Llama
Street, on the west by Llama Street, and on the south by a line running parallel to and
600 feet south of the southerly right-of-way for U.S. Highway 10, but including Parcels
28-32-25-43-0007 and 28-32-25-34-0002 in their entirety, and excluding the Anoka
County Regional Park property in its entirety. A parcel within this area that is included in
a tax increment financing district that was certified before the date of enactment of this act
may be included in the district created under this act if the initial district is decertified.

(b) The requirements for qualifying a redevelopment tax increment district under
Minnesota Statutes, section 469.174, subdivision 10, do not apply to the parcels located
within the district.

(c) deleted text begin In addition to the costs permitted by deleted text end Minnesota Statutes, section 469.176,
subdivision 4j, new text begin does not apply to the district. new text end Eligible expenditures within the district
include new text begin but are not limited to (1) new text end the city's share of the costs necessary to provide for
the construction of the Northstar Transit Station and related infrastructure, including
structured parking, a pedestrian overpass, and roadway improvements new text begin , (2) the cost of
land acquired by the city or the housing and redevelopment authority in and for the city
of Ramsey within the district prior to the establishment of the district, and (3) the cost
of public improvements installed within the tax increment financing district prior to the
establishment of the district new text end .

(d) The requirement of Minnesota Statutes, section 469.1763, subdivision 3, that
activities must be undertaken within a five-year period from the date of certification of a
tax increment financing district, is considered to be met for the district if the activities
were undertaken within ten years from the date of certification of the district.

(e) Except for administrative expenses, the in-district percentage for purposes of
the restriction on pooling under Minnesota Statutes, section 469.1763, subdivision 2, for
this district is 100 percent.

new text begin (f) The requirement of Minnesota Statutes, section 469.177, subdivision 4, does not
apply to Parcels 28-32-25-42-0021 and 28-32-25-41-0014, where development occurred
after enactment of Laws 2010, chapter 389, article 7, section 22, and prior to adoption of
the tax increment financing plan for the district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon approval by the governing
body of the city of Ramsey, and upon compliance by the city with Minnesota Statutes,
section 645.021, subdivision 3.
new text end

Sec. 17. new text begin CITY OF COHASSET; USE OF TAX INCREMENTS.
new text end

new text begin The authority operating tax increment financing districts No. 2-1 and No. 3-1 in
the city of Cohasset may transfer tax increments from each of those districts to the city
in an amount equal to the advances made by the city from its general fund to finance
expenditures under Minnesota Statutes, section 469.176, subdivision 4, for the benefit
of that district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
upon approval by the governing body of the city of Cohasset and compliance with
Minnesota Statutes, section 645.021, subdivision 3.
new text end

Sec. 18. new text begin CITY OF LINO LAKES; TAX INCREMENT FINANCING.
new text end

new text begin Subdivision 1. new text end

new text begin Duration of district. new text end

new text begin Notwithstanding the provisions of Minnesota
Statutes, section 469.176, subdivision 1b, the city of Lino Lakes may collect tax
increments from tax increment financing district No. 1-10 through December 31, 2023,
subject to the conditions in subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Conditions for extension. new text end

new text begin All tax increments remaining in the account
for the district after February 1, 2011, and all tax increments collected thereafter, must
be used only to pay debt service on bonds issued to finance the interchange of Anoka
County Highway 23 and marked Interstate Highway 35W, bonds issued to finance public
improvements serving the development known as Legacy at Woods Edge, and any bonds
issued to refund those bonds. Minnesota Statutes, sections 469.176, subdivision 4c, and
469.1763, do not apply to expenditures made under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon compliance by the governing
body of the city of Lino Lakes with the requirements of Minnesota Statutes, sections
469.1782, subdivision 2, and 645.021, subdivision 3.
new text end

Sec. 19. new text begin CITY OF SAUK RAPIDS TAX INCREMENT FINANCING DISTRICT;
INCLUSION OF PARCELS.
new text end

new text begin Minnesota Statutes, section 469.176, subdivision 7, that restricts inclusion of parcels
qualifying under Minnesota Statutes, section 273.111, in a tax increment financing district,
does not apply to parcels located in the city of Sauk Rapids with the following parcel
identification numbers: 19.04173.00, 19.04174.00, and 19.04176.00, if these parcels
have been withdrawn from the program under Minnesota Statutes, section 273.111, by
June 30, 2011.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This act is effective the day following final enactment after
compliance by the governing body of the city of Sauk Rapids with the requirements of
Minnesota Statutes, section 645.021, subdivision 3.
new text end