SF 425

Introduction - 80th Legislature (1997 - 1998)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to the environment; making changes in the 
  1.3             drycleaner environmental response and reimbursement 
  1.4             law; removing an eligibility restriction; amending an 
  1.5             administrative process for increasing drycleaner fees; 
  1.6             amending Minnesota Statutes 1996, sections 115B.48, 
  1.7             subdivision 3; and 115B.49, subdivision 4.  
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 115B.48, 
  1.10  subdivision 3, is amended to read: 
  1.11     Subd. 3.  [DRYCLEANING FACILITY.] "Drycleaning facility" 
  1.12  means a facility located in this state that is or has been used 
  1.13  for a drycleaning operation, other than: 
  1.14     (1) a coin-operated drycleaning operation; 
  1.15     (2) a facility located on a United States military base; 
  1.16     (3) a uniform service or linen supply facility; 
  1.17     (4) a prison or other penal institution; or 
  1.18     (5) a facility on the national priorities list established 
  1.19  under the Federal Superfund Act; or 
  1.20     (6) a facility at which a response action has been taken or 
  1.21  started under section 115B.17 before July 1, 1995. 
  1.22     Sec. 2.  Minnesota Statutes 1996, section 115B.49, 
  1.23  subdivision 4, is amended to read: 
  1.24     Subd. 4.  [REGISTRATION; FEES.] (a) The owner or operator 
  1.25  of a drycleaning facility shall register on or before July 1 of 
  1.26  each year with the commissioner of revenue in a manner 
  2.1   prescribed by the commissioner of revenue and pay a registration 
  2.2   fee for the facility.  The amount of the fee is: 
  2.3      (1) $500, for facilities with a full-time equivalence of 
  2.4   fewer than five; 
  2.5      (2) $1,000, for facilities with a full-time equivalence of 
  2.6   five to ten; and 
  2.7      (3) $1,500, for facilities with a full-time equivalence of 
  2.8   more than ten. 
  2.9      (b) A person who sells drycleaning solvents for use by 
  2.10  drycleaning facilities in the state shall collect and remit to 
  2.11  the commissioner of revenue in a manner prescribed by the 
  2.12  commissioner of revenue, on or before the 20th day of the month 
  2.13  following the month in which the sales of drycleaning solvents 
  2.14  are made, a fee of: 
  2.15     (1) $3.50 for each gallon of perchloroethylene sold for use 
  2.16  by drycleaning facilities in the state; and 
  2.17     (2) 70 cents for each gallon of hydrocarbon-based 
  2.18  drycleaning solvent sold for use by drycleaning facilities in 
  2.19  the state. 
  2.20     (c) The commissioner shall, after a public hearing but 
  2.21  notwithstanding section 16A.1285, subdivision 4, annually adjust 
  2.22  the fees in this subdivision as necessary to maintain an 
  2.23  unencumbered balance in the account of at least: 
  2.24     (1) $400,000 beginning July 1, 1997; 
  2.25     (2) $600,000 beginning July 1, 1998; 
  2.26     (3) $800,000 beginning July 1, 1999; and 
  2.27     (4) $1,000,000 beginning July 1, 2000. 
  2.28  Any adjustment under this paragraph must be prorated among all 
  2.29  the fees in this subdivision.  Fees adjusted under this 
  2.30  paragraph may not exceed 200 percent of the fees in this 
  2.31  subdivision.  The commissioner shall notify the commissioner of 
  2.32  revenue of an adjustment under this paragraph no later than 
  2.33  March 1 of the year in which the adjustment is to become 
  2.34  effective.  The adjustment is effective for sales of drycleaning 
  2.35  solvents made, and annual registration fees due, beginning on 
  2.36  July 1 of the same year. 
  3.1      (d) To enforce this subdivision, the commissioner of 
  3.2   revenue may examine documents, assess and collect fees, conduct 
  3.3   investigations, issue subpoenas, grant extensions to file 
  3.4   returns and pay fees, impose penalties and interest on the 
  3.5   annual registration fee under paragraph (a) and the monthly fee 
  3.6   under paragraph (b), abate penalties and interest, and 
  3.7   administer appeals, in the manner provided in chapters 270 and 
  3.8   289A.  The penalties and interest imposed on taxes under chapter 
  3.9   297A apply to the fees imposed under this subdivision.  
  3.10  Disclosure of data collected by the commissioner of revenue 
  3.11  under this subdivision is governed by chapter 270B. 
  3.12     Sec. 3.  [EFFECTIVE DATE.] 
  3.13     Sections 1 and 2 are effective the day following final 
  3.14  enactment.