HF 2020

1st Committee Engrossment - 86th Legislature (2009 - 2010)

Posted on 03/19/2013 07:29 p.m.

1.1A bill for an act 1.2relating to the financing and operation of local government; allowing county 1.3local sales tax; eliminating certain existing local sales taxes; adjusting county 1.4program aid; modifying levy limits; providing flexibility and mandate reduction 1.5provisions; making changes to various property tax and local government 1.6aid-related provisions; providing temporary suspension of new or increased 1.7maintenance of effort and matching fund requirements; modifying county 1.8support of libraries; establishing the Council on Local Results and Innovation; 1.9providing property tax system benchmarks, critical indicators, and principles; 1.10establishing a property tax work group; creating the Legislative Commission 1.11on Mandate Reform; making changes to certain administrative procedures; 1.12modifying truth in taxation provisions; providing clarification for eligibility for 1.13property tax exemption for institutions of purely public charity; making changes 1.14to property tax refund, sustainable forest incentive, and senior citizen property 1.15tax deferral programs; extending time for establishment of special service 1.16district; requiring a fiscal disparity study; extending emergency medical service 1.17special taxing district; providing emergency debt certificates; providing and 1.18modifying local taxes; providing appointments; requiring reports; appropriating 1.19money;amending Minnesota Statutes 2008, sections 3.842, subdivision 4a; 1.203.843; 16C.28, subdivision 1a; 123B.10, subdivision 1; 134.34, subdivisions 1.211, 4; 272.02, subdivision 7, by adding a subdivision; 273.1231, subdivision 1.221; 273.1232, subdivision 1; 273.124, subdivision 1; 273.13, subdivisions 25, 1.2334; 273.1384, subdivisions 1, 4; 275.065, subdivisions 1, 1a, 1c, 3, 6; 275.07, 1.24subdivisions 1, 4, by adding a subdivision; 275.08, subdivision 1d; 275.70, 1.25subdivisions 3, 5; 275.71, subdivisions 2, 4, 5; 276.04, subdivision 2; 282.08; 1.26290A.04, subdivision 2; 290B.03, subdivision 1; 290B.04, subdivisions 3, 4; 1.27290B.05, subdivision 1; 290B.07; 290C.07; 297A.99, subdivision 1; 306.243, 1.28by adding a subdivision; 344.18; 365.28; 373.052, subdivision 1; 375.194, 1.29subdivision 5; 383A.75, subdivision 3; 428A.21; 429.041, subdivisions 1, 2; 1.30446A.086, subdivision 8; 465.719, subdivision 9; 469.015; 473.13, subdivision 1.311; 477A.011, subdivision 36; 477A.0124, by adding a subdivision; 477A.013, 1.32subdivision 9, by adding a subdivision; 477A.03, subdivisions 2a, 2b; 641.12, 1.33subdivision 1; Laws 1986, chapter 400, section 44, as amended; Laws 1991, 1.34chapter 291, article 8, section 27, subdivision 3, as amended; Laws 2001, 1.35First Special Session chapter 5, article 3, section 8, as amended; Laws 2002, 1.36chapter 377, article 3, section 25; Laws 2006, chapter 259, article 3, section 1.3712, subdivision 3; Laws 2008, chapter 366, article 6, sections 9; 10; article 7, 1.38section 16, subdivision 3; proposing coding for new law in Minnesota Statutes, 1.39chapters 3; 6; 14; 270C; 273; 275; 297A; 475; 477A; proposing coding for new 2.1law as Minnesota Statutes, chapter 290D; repealing Minnesota Statutes 2008, 2.2sections 275.065, subdivisions 5a, 6b, 6c, 8, 9, 10; 477A.0124, subdivisions 3, 4, 2.35; 477A.03, subdivision 5; Laws 2008, chapter 366, article 7, section 18. 2.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.5ARTICLE 1 2.6COUNTY REVENUE REFORM 2.7    Section 1. Minnesota Statutes 2008, section 275.70, subdivision 3, is amended to read: 2.8    Subd. 3. Local governmental unit. "Local governmental unit" means a county, or a 2.9statutory or home rule charter city with a population greater than 2,500. 2.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes levied in calendar year new text end 2.11 new text begin 2009, payable in 2010 and thereafter. new text end 2.12    Sec. 2. Minnesota Statutes 2008, section 275.71, subdivision 2, is amended to read: 2.13    Subd. 2. Levy limit base. (a) The levy limit base for a local governmental unit for 2.14taxes levied in 2008 is its levy aid base from the previous year, subject to any adjustments 2.15under section 275.72. For taxes levied in 2009 and 2010, the levy limit base for a local 2.16governmental unit is its adjusted levy limit base in the previous year, subject to any 2.17adjustments under section 275.72. 2.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes levied in calendar year new text end 2.19 new text begin 2009, payable in 2010 and thereafter. new text end 2.20    Sec. 3. Minnesota Statutes 2008, section 275.71, subdivision 4, is amended to read: 2.21    Subd. 4. Adjusted levy limit base. For taxes levied in 2008 through 2010 new text begin and 2009 new text end , 2.22the adjusted levy limit base is equal to the levy limit base computed under subdivision 2 2.23or section 275.72, multiplied by: 2.24    (1) one plus the lesser of 3.9 percent or the percentage growth in the implicit price 2.25deflator new text begin but not less than two percent new text end ; 2.26    (2) one plus a percentage equal to 50 percent of the percentage increase in the number 2.27of households, if any, for the most recent 12-month period for which data is available; and 2.28    (3) one plus a percentage equal to 50 percent of the percentage increase in the 2.29taxable market value of the jurisdiction due to new construction of class 3 property, as 2.30defined in section 273.13, subdivision 4, except for state-assessed utility and railroad 2.31property, for the most recent year for which data is available. 3.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes levied in calendar year new text end 3.2 new text begin 2009, payable in 2010 and thereafter. new text end 3.3    Sec. 4. Minnesota Statutes 2008, section 275.71, subdivision 5, is amended to read: 3.4    Subd. 5. Property tax levy limit. For taxes levied in 2008 through 2010 new text begin 2009 new text end , the 3.5property tax levy limit for a local governmental unit is equal to its adjusted levy limit 3.6base determined under subdivision 4 plus any additional levy authorized under section 3.7275.73 , which is levied against net tax capacity, reduced by the sum of (i) the total amount 3.8of aids and reimbursements that the local governmental unit is certified to receive under 3.9sections 477A.011 to 477A.014, (ii) new text begin the amount of aid reduction under section 477A.0124, new text end 3.10 new text begin subdivision (6), paragraph (c), (iii) new text end taconite aids under sections 298.28 and 298.282 3.11including any aid which was required to be placed in a special fund for expenditure in the 3.12next succeeding year, (iii) new text begin (iv) new text end estimated payments to the local governmental unit under 3.13section 272.029, adjusted for any error in estimation in the preceding year, and (iv) new text begin (v) new text end 3.14aids under section 477A.16. 3.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes levied in calendar year new text end 3.16 new text begin 2009, payable in 2010 and thereafter. new text end 3.17    Sec. 5. Minnesota Statutes 2008, section 297A.99, subdivision 1, is amended to read: 3.18    Subdivision 1. Authorization; scope. (a) A political subdivision of this state may 3.19impose a general sales tax (1) under section 297A.992, (2) under section 297A.993, (3) 3.20 new text begin under section 297A.994, (4) new text end if permitted by special law enacted prior to May 20, 2008, or 3.21(4) new text begin (5) new text end if the political subdivision enacted and imposed the tax before January 1, 1982, and 3.22its predecessor provision. 3.23    (b) This section governs the imposition of a general sales tax by the political 3.24subdivision. The provisions of this section preempt the provisions of any special law: 3.25    (1) enacted before June 2, 1997, or 3.26    (2) enacted on or after June 2, 1997, that does not explicitly exempt the special law 3.27provision from this section's rules by reference. 3.28    (c) This section does not apply to or preempt a sales tax on motor vehicles or a 3.29special excise tax on motor vehicles. 3.30    (d) Until after May 31, 2010, a political subdivision may not advertise, promote, 3.31expend funds, or hold a referendum to support imposing a local option sales tax unless 3.32it is for extension of an existing tax or the tax was authorized by a special law enacted 3.33prior to May 20, 2008. 4.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 4.2    Sec. 6. new text begin [297A.994] COUNTY LOCAL OPTION SALES TAX. new text end 4.3     new text begin Subdivision 1. new text end new text begin Authorization; rates. new text end new text begin Notwithstanding section 297A.99, new text end 4.4 new text begin subdivisions 2, 3, and 5, or 477A.016, or any other law, a county board may, by resolution, new text end 4.5 new text begin impose a general sales tax of one-half of one percent on sales and uses taxable under this new text end 4.6 new text begin chapter. In addition, an excise tax of $20 per motor vehicle is imposed on motor vehicles, new text end 4.7 new text begin purchased or acquired from any person engaged within the county in the business of selling new text end 4.8 new text begin motor vehicles at retail if a county imposes a local sales and use tax under this section. new text end 4.9     new text begin Subd. 2. new text end new text begin Application of election requirement. new text end new text begin (a) Imposition of the tax under this new text end 4.10 new text begin section is not subject to the requirements of section 297A.99, subdivision 3. new text end 4.11 new text begin (b) Before imposing the tax under this section, the county must publish a notice of new text end 4.12 new text begin its intention to impose the tax and the date and time of a hearing to obtain public comment new text end 4.13 new text begin on the matter. The notice must be published in the official newspaper of the county, or new text end 4.14 new text begin in a newspaper of general circulation in the county. The notice must be published at new text end 4.15 new text begin least 14 days before the date of the hearing, but not more than 28 days. Following the new text end 4.16 new text begin public hearing the county board may determine to take no further action, or may adopt a new text end 4.17 new text begin resolution imposing the tax. new text end 4.18 new text begin (c) A county may impose the tax only upon obtaining the approval of the majority new text end 4.19 new text begin of voters voting on the question of imposing the tax, if a petition requesting a vote on new text end 4.20 new text begin imposition of the tax is signed by voters equal to the greater of (1) 500, or (2) ten percent new text end 4.21 new text begin of the votes cast in the county at the last general election is filed with the county auditor new text end 4.22 new text begin within 30 days after the public hearing. The vote on the tax may be held at a general or new text end 4.23 new text begin special election. The commissioner of revenue shall prepare a suggested form of the new text end 4.24 new text begin question to be presented at the election. new text end 4.25     new text begin Subd. 3. new text end new text begin Use of revenues. new text end new text begin Revenues from the tax imposed under this section new text end 4.26 new text begin must first be used to fund obligations under section 297A.9945. Remaining revenues new text end 4.27 new text begin are deposited in the county general fund. new text end 4.28     new text begin Subd. 4. new text end new text begin Administration, collection, and enforcement. new text end new text begin The administration, new text end 4.29 new text begin collection, and enforcement of the provisions in section 297A.99, subdivisions 4 and 6 to new text end 4.30 new text begin 12, apply to a tax imposed under this section. new text end 4.31     new text begin Subd. 5. new text end new text begin Termination. new text end new text begin A county may terminate a tax imposed under this section new text end 4.32 new text begin upon resolution of the county board and notification to the commissioner of revenue, if new text end 4.33 new text begin all obligations under section 297A.9945 have been paid. new text end 4.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 5.1    Sec. 7. new text begin [297A.9945] EFFECT ON EXISTING LOCAL SALES TAXES; new text end 5.2 new text begin SATISFACTION OF PREEXISTING OBLIGATIONS. new text end 5.3     new text begin Subdivision 1. new text end new text begin Preemption of preexisting local sales taxes. new text end new text begin (a) Notwithstanding new text end 5.4 new text begin section 297A.99 or any other law or local ordinance to the contrary, all general local new text end 5.5 new text begin sales and use taxes in a county or a part of a county is preempted on the day that a new text end 5.6 new text begin county local sales tax under section 297A.994 takes effect, except the following taxes new text end 5.7 new text begin are not preempted: new text end 5.8 new text begin (1) a local tax imposed under section 297A.992 or 297A.993; and new text end 5.9 new text begin (2) a local sales tax authorized by special law in a city of the first class. new text end 5.10 new text begin (b) A local sales tax that is imposed by a city located in two or more counties is new text end 5.11 new text begin preempted if one or more counties in which the city is located impose the county tax. A new text end 5.12 new text begin replacement tax must be imposed under subdivision 6 in any portion of the city located in new text end 5.13 new text begin a county that has not imposed the tax under section 297A.994. new text end 5.14     new text begin Subd. 2. new text end new text begin County payment to cities; forgone sales tax revenue. new text end new text begin (a) If a local new text end 5.15 new text begin sales tax imposed in a city located partially or totally within a county is preempted under new text end 5.16 new text begin subdivision 1, the county shall pay a portion of its local sales tax revenues, as provided new text end 5.17 new text begin under subdivision 4 or 5, to the city to fund obligations allowed under the law authorizing new text end 5.18 new text begin the city tax. The county must make these payments to the city within five business days new text end 5.19 new text begin after it receives the revenues from the commissioner. new text end 5.20 new text begin (b) If the local sales tax was imposed under a joint powers agreement in cities new text end 5.21 new text begin located in more than one county, the share of the obligation to be funded by the county new text end 5.22 new text begin must be determined under subdivision 5. new text end 5.23 new text begin (c) The requirement to make these payments ceases on the earliest of the following: new text end 5.24 new text begin (1) the date on which the city tax was required to expire under the special law new text end 5.25 new text begin authorizing it; new text end 5.26 new text begin (2) when the city has received sufficient revenues from its tax and from payments new text end 5.27 new text begin under this section to pay in full or to defease debt obligations issued by the city under the new text end 5.28 new text begin law authorizing the city sales tax and to pay any additional spending obligations allowed new text end 5.29 new text begin under the special law and not funded by the issuance of debt obligations; or new text end 5.30 new text begin (3) the city becomes a city of the first class and imposes a city sales tax. new text end 5.31     new text begin Subd. 3. new text end new text begin Dedication of tax to fund county projects. new text end new text begin If a county imposed local new text end 5.32 new text begin sales tax is preempted under subdivision 1, the revenues from the tax imposed under new text end 5.33 new text begin section 297A.994 are pledged first to pay and secure the bond obligations secured by and new text end 5.34 new text begin to be paid with the revenues from the preempted county sales tax. new text end 6.1     new text begin Subd. 4. new text end new text begin Calculation of forgone revenue in cities located entirely within a new text end 6.2 new text begin county. new text end new text begin For purposes of subdivision 2, the forgone revenue to be paid to the city located new text end 6.3 new text begin entirely in a county imposing a tax under section 297A.994 is calculated as follows: new text end 6.4 new text begin (1) in the first 12 months after the tax is preempted, the county shall make quarterly new text end 6.5 new text begin payments to a city entirely located within the county equal to the amount that the city new text end 6.6 new text begin received from the commissioner of revenue from the preempted tax in the corresponding new text end 6.7 new text begin quarter in the previous year, multiplied by a percentage equal to the percentage change in new text end 6.8 new text begin total state sales tax revenue in the previous quarter compared to the total state sales tax new text end 6.9 new text begin revenue for the fifth preceding quarter; and new text end 6.10 new text begin (2) in subsequent years, the county shall make quarterly payments to the city equal new text end 6.11 new text begin to the payment made in the corresponding quarter in the previous year, multiplied by the new text end 6.12 new text begin ratio of the total quarterly remittance to the county in the current year compared to the new text end 6.13 new text begin total quarterly remittance to the county in the previous year. new text end 6.14     new text begin Subd. 5. new text end new text begin Calculation of forgone revenue in cities located partially within a new text end 6.15 new text begin county. new text end new text begin (a) For purposes of subdivision 2, the forgone revenue to be paid to the city new text end 6.16 new text begin located partially in a county imposing a tax under section 297A.994 is calculated as new text end 6.17 new text begin provided in this subdivision. new text end 6.18 new text begin (b) The commissioner of revenue shall determine the percentage of the city's local new text end 6.19 new text begin sales tax revenue attributable to transactions located in the county. The commissioner new text end 6.20 new text begin may consult with the county and the city to determine a reasonable percentage, or the new text end 6.21 new text begin commissioner may set the percentage equal to the percentage of the city's market value new text end 6.22 new text begin for the most recently available assessment year of class 3 property, except utility real and new text end 6.23 new text begin personal property located in the county. The sum of the percentage of a city's local sales new text end 6.24 new text begin tax revenue attributable to each county in which the city is located must equal 100 percent. new text end 6.25 new text begin The determination of the commissioner is final. new text end 6.26 new text begin (c) In the first 12 months after the tax is preempted, the county shall make quarterly new text end 6.27 new text begin payments to a city partially located within the county equal to the amount that the city new text end 6.28 new text begin received from the commissioner from the preempted tax in the corresponding quarter in new text end 6.29 new text begin the previous year, multiplied by (1) a percentage equal to one plus the percentage change new text end 6.30 new text begin in total state sales tax revenue in the previous quarter compared to the total state sales tax new text end 6.31 new text begin revenue for the fifth preceding quarter, and (2) one plus the percentage calculated in new text end 6.32 new text begin paragraph (b). new text end 6.33 new text begin (d) In subsequent years, the county shall make quarterly payments to the city equal new text end 6.34 new text begin to the payment made in the corresponding quarter in the previous year multiplied by the new text end 6.35 new text begin ratio of the total quarterly remittance to the county in the current year compared to the new text end 6.36 new text begin total quarterly remittance to the county in the previous year. new text end 7.1 new text begin (e) A county's share of a city's obligations from the special law authorizing the city's new text end 7.2 new text begin sales tax is equal to the total obligation under the special law multiplied by one plus the new text end 7.3 new text begin percentage determined under paragraph (b). new text end 7.4     new text begin Subd. 6. new text end new text begin Establishment of special sales tax districts within certain cities. new text end new text begin (a) new text end 7.5 new text begin For any city located in two or more counties, if at least one county imposes a county new text end 7.6 new text begin sales tax under subdivision 1, and at least one county does not impose a county sales tax, new text end 7.7 new text begin a special sales tax district is established in the portion of the city that is not subject to new text end 7.8 new text begin a county sales tax. new text end 7.9 new text begin (b) The governing body of the city is the governing body of the special taxing district new text end 7.10 new text begin and the special taxing district shall impose a replacement local sales tax by resolution new text end 7.11 new text begin to take effect upon the preemption of the city's sales tax under subdivision 1. The new text end 7.12 new text begin replacement tax must be imposed at the same rate as the city tax it replaces. Revenues new text end 7.13 new text begin from the replacement tax are pledged to and may only be used for the purposes permitted new text end 7.14 new text begin by law for the city sales tax, which it replaces. The authority to impose this tax expires new text end 7.15 new text begin upon the city's receipt of sufficient revenues to pay the obligations to which the city sales new text end 7.16 new text begin tax was pledged and other spending permitted by the law authorizing imposition of the new text end 7.17 new text begin city sales tax from the sum of the following: new text end 7.18 new text begin (1) the city sales tax; new text end 7.19 new text begin (2) county payments of forgone sales tax revenues under this section; and new text end 7.20 new text begin (3) the special taxing district sales tax. new text end 7.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 7.22    Sec. 8. Minnesota Statutes 2008, section 477A.0124, is amended by adding a 7.23subdivision to read: 7.24     new text begin Subd. 6. new text end new text begin County program aid. new text end new text begin (a) For calendar year 2010 and thereafter, a county's new text end 7.25 new text begin program aid under this section is equal to (1) its county program aid amount certified for new text end 7.26 new text begin aids payable in 2009 under this section, minus (2) an amount determined under paragraph new text end 7.27 new text begin (b) or (c). A county's program aid shall not be less than zero. new text end 7.28 new text begin (b) For a county that does not impose a tax under section 297A.994, the amount new text end 7.29 new text begin subtracted under paragraph (a) is equal to 3.58 percent of the county's 2009 levy plus aid new text end 7.30 new text begin revenue base. The "2009 levy plus aid revenue base" for a county is equal to the sum of new text end 7.31 new text begin the county's certified property tax levy for taxes payable in 2009 plus the amount the new text end 7.32 new text begin county was certified to receive in county program aid in 2009 under this section and new text end 7.33 new text begin the amount the county was certified to receive in taconite aids in 2009 under sections new text end 7.34 new text begin 298.28 and 292.282, including any aid that was required to be placed in a special fund for new text end 7.35 new text begin expenditure in the next succeeding year. new text end 8.1 new text begin (c) For a county that imposes a tax under section 297A.994, the amount subtracted new text end 8.2 new text begin under paragraph (a) is equal to (1) 50 percent of its net sales tax revenue for the preceding new text end 8.3 new text begin 12-month period in excess of $7 per capita, plus (2) 25 percent of its net sales tax revenue new text end 8.4 new text begin for the preceding 12-month period in excess of $17 per capita. new text end 8.5 new text begin (d) For purposes of this subdivision, "net sales tax revenue for the preceding new text end 8.6 new text begin 12-month period" means the sales tax revenue for the county for the 12-month period new text end 8.7 new text begin ending July 1 of the year in which the aid under this section is certified minus its estimated new text end 8.8 new text begin existing obligations under section 297A.9945 for the year in which the aid is paid. For new text end 8.9 new text begin the first two years in which the aid is offset under this paragraph, the commissioner of new text end 8.10 new text begin revenue shall estimate the offset based on available data regarding sales tax collections in new text end 8.11 new text begin the county. Beginning with the third year in which the aid is offset under this paragraph, new text end 8.12 new text begin the offset will be based on actual sales tax collections in the county in the 12-month period new text end 8.13 new text begin ending July 1 of the year in which the aid is certified. new text end 8.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for aids payable in calendar year new text end 8.15 new text begin 2010 and thereafter. new text end 8.16    Sec. 9. Minnesota Statutes 2008, section 477A.03, subdivision 2b, is amended to read: 8.17    Subd. 2b. Counties. (a) For aids payable in 2009 new text begin 2010 new text end and thereafter, new text begin in addition new text end 8.18 new text begin to new text end the total aid payable under section 477A.0124, subdivision 3, is $111,500,000 minus 8.19one-half of the total aid amount determined under section 477A.0124, subdivision 5, 8.20paragraph (b), subject to adjustment in subdivision 5. Each calendar year, new text begin 477A.0124, new text end 8.21 $500,000 shall be retained by new text begin is appropriated to new text end the commissioner of revenue to make 8.22reimbursements to the commissioner of finance for payments made under section 611.27 new text begin , new text end 8.23 new text begin $207,000 is appropriated to the commissioner of revenue to make reimbursements to new text end 8.24 new text begin the commissioner of finance for the preparation of local impact notes, and $7,000 is new text end 8.25 new text begin appropriated to the commissioner of revenue to reimburse the commissioner of education new text end 8.26 new text begin for the preparation of local impact notes for school districts new text end . For calendar year 2004, 8.27the amount shall be in addition to the payments authorized under section 477A.0124, 8.28subdivision 1 . For calendar year 2005 and subsequent years, the amount shall be deducted 8.29from the appropriation under this paragraph. The reimbursements shall be to defray the 8.30additional costs associated with court-ordered counsel under section . Any retained new text begin new text end 8.31 new text begin appropriated new text end amounts not used for reimbursement in a year shall be included in the next 8.32distribution of county need aid that is certified to the county auditors for the purpose 8.33of property tax reduction for the next taxes payable year. new text begin under this subdivision shall new text end 8.34 new text begin be returned to the general fund. new text end 9.1    (b) For aids payable in 2009 and thereafter, the total aid under section 477A.0124, 9.2subdivision 4 , is $116,132,923 minus one-half of the total aid amount determined under 9.3section 477A.0124, subdivision 5, paragraph (b), subject to adjustment in subdivision 9.45. The commissioner of finance shall bill the commissioner of revenue for the cost of 9.5preparation of local impact notes as required by section , not to exceed $207,000 in 9.6fiscal year 2004 and thereafter. The commissioner of education shall bill the commissioner 9.7of revenue for the cost of preparation of local impact notes for school districts as required 9.8by section , not to exceed $7,000 in fiscal year 2004 and thereafter. The commissioner 9.9of revenue shall deduct the amounts billed under this paragraph from the appropriation 9.10under this paragraph. The amounts deducted are appropriated to the commissioner of 9.11finance and the commissioner of education for the preparation of local impact notes. 9.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for aids payable in calendar year new text end 9.13 new text begin 2010 and thereafter. new text end 9.14    Sec. 10. new text begin REPEALER. new text end 9.15 new text begin (a) new text end new text begin Minnesota Statutes 2008, section 477A.0124, subdivisions 3, 4, and 5, new text end new text begin are new text end 9.16 new text begin repealed. new text end 9.17 new text begin (b) new text end new text begin Laws 2008, chapter 366, article 7, section 18, new text end new text begin is repealed. new text end 9.18 new text begin EFFECTIVE DATE. new text end new text begin Paragraph (a) is effective for aids payable in calendar year new text end 9.19 new text begin 2010 and thereafter. Paragraph (b) is effective the day following final enactment. new text end 9.20ARTICLE 2 9.21PROPERTY TAX REFORM, ACCOUNTABILITY, VALUE AND 9.22EFFICIENCY PROVISIONS 9.23    Section 1. new text begin [6.90] COUNCIL ON LOCAL RESULTS AND INNOVATION. new text end 9.24     new text begin Subdivision 1. new text end new text begin Creation. new text end new text begin The Council on Local Results and Innovation consists of new text end 9.25 new text begin 11 members, as follows: new text end 9.26 new text begin (1) the state auditor; new text end 9.27 new text begin (2) two persons who are not members of the legislature, appointed by the chair of the new text end 9.28 new text begin Property and Local Sales Tax Division of the house of representatives Taxes Committee; new text end 9.29 new text begin (3) two persons who are not members of the legislature, appointed by the designated new text end 9.30 new text begin lead minority member of the Property and Local Sales Tax Division of the house of new text end 9.31 new text begin representatives Taxes Committee; new text end 9.32 new text begin (4) two persons who are not members of the legislature, appointed by the chair of new text end 9.33 new text begin the Taxes Division on Property Taxes of the senate Taxes Committee; new text end 10.1 new text begin (5) two persons who are not members of the legislature, appointed by the designated new text end 10.2 new text begin lead minority member of the Taxes Division on Property Taxes of the senate Taxes new text end 10.3 new text begin Committee; new text end 10.4 new text begin (6) one person who is not a member of the legislature, appointed by the Association new text end 10.5 new text begin of Minnesota Counties; and new text end 10.6 new text begin (7) one person who is not a member of the legislature, appointed by the League new text end 10.7 new text begin of Minnesota Cities. new text end 10.8 new text begin Each appointment under clauses (2) to (5) must include one person with expertise new text end 10.9 new text begin or interest in county government and one person with expertise or interest in city new text end 10.10 new text begin government. The appointing authorities must use their best efforts to ensure that a majority new text end 10.11 new text begin of council members have experience with local performance measurement systems. The new text end 10.12 new text begin membership of the council must include geographically balanced representation as well as new text end 10.13 new text begin representation balanced between large and small jurisdictions. The appointments under new text end 10.14 new text begin clauses (2) to (7) must be made within two months of the date of enactment. new text end 10.15 new text begin Appointees to the council under clauses (2) to (5) serve terms of four years, except new text end 10.16 new text begin that one of each of the initial appointments under clauses (2) to (5) shall serve a term of new text end 10.17 new text begin two years; each appointing agent must designate which appointee is serving the two-year new text end 10.18 new text begin term. Subsequent appointments for members appointed under clauses (2) to (5) must new text end 10.19 new text begin be made by the council, including appointments to replace any appointees who might new text end 10.20 new text begin resign from the council prior to completion of their term. Appointees under clauses (2) to new text end 10.21 new text begin (5) are not eligible to vote on appointing their successor, nor on the successors of other new text end 10.22 new text begin appointees whose terms are expiring contemporaneously. In making appointments, the new text end 10.23 new text begin council shall make all possible efforts to reflect the geographical distribution and meet the new text end 10.24 new text begin qualifications of appointees required of the initial appointees. Subsequent appointments new text end 10.25 new text begin for members appointed under clauses (6) and (7) must be made by the original appointing new text end 10.26 new text begin authority. Appointees to the council under clauses (2) to (7) may serve no more than two new text end 10.27 new text begin consecutive terms. new text end 10.28     new text begin Subd. 2. new text end new text begin Duties. new text end new text begin (a) By February 15, 2010, the council shall develop a standard set new text end 10.29 new text begin of approximately ten performance measures for counties and ten performance measures new text end 10.30 new text begin for cities that aid residents, taxpayers, and state and local elected officials in determining new text end 10.31 new text begin the efficacy of counties and cities in providing services, and measure residents' opinions new text end 10.32 new text begin of those services. In developing its measures, the council must solicit input from private new text end 10.33 new text begin citizens. Counties and cities that elect to participate in the standard measures system new text end 10.34 new text begin shall report their results to the state auditor under section 6.91, who shall then compile new text end 10.35 new text begin the results and make them available to all interested parties by publishing them on the new text end 10.36 new text begin auditor's Web site and reporting them to the legislative tax committees. Each year after the new text end 11.1 new text begin initial designation of performance measures, the council shall evaluate the usefulness of new text end 11.2 new text begin the standard set of performance measures and may revise the set by adding or removing new text end 11.3 new text begin measures as it deems appropriate. new text end 11.4 new text begin (b) By February 15, 2011, the council shall develop minimum standards for new text end 11.5 new text begin comprehensive performance measurement systems, which may vary by size and type new text end 11.6 new text begin of governing jurisdiction. new text end 11.7 new text begin (c) In addition to its specific duties under paragraphs (a) and (b), the council new text end 11.8 new text begin shall generally promote the use of performance measurement for governmental entities new text end 11.9 new text begin across the state and shall serve as a resource for all governmental entities seeking to new text end 11.10 new text begin implement a system of local performance measurement. The council may highlight and new text end 11.11 new text begin promote systems that are innovative, or are ones that it deems to be best practices of local new text end 11.12 new text begin performance measurement systems across the state and nation. The council should give new text end 11.13 new text begin preference in its recommendations to systems that are results-oriented. The council may, new text end 11.14 new text begin with the cooperation of the state auditor, establish and foster a collaborative network new text end 11.15 new text begin of practitioners of local performance measurement systems. The council may support new text end 11.16 new text begin the Association of Minnesota Counties and the League of Minnesota Cities to seek and new text end 11.17 new text begin receive private funding to provide expert technical assistance to local governments for new text end 11.18 new text begin the purposes of replicating best practices. new text end 11.19     new text begin Subd. 3. new text end new text begin Reports. new text end new text begin (a) The council shall report its initial set of standard performance new text end 11.20 new text begin measures to the Property and Local Sales Tax Division of the house of representatives new text end 11.21 new text begin Taxes Committee and the Taxes Division on Property Taxes of the senate Taxes Committee new text end 11.22 new text begin by February 28, 2010. new text end 11.23 new text begin (b) By February 1 of each subsequent year, the council shall report to the committees new text end 11.24 new text begin with jurisdiction over taxes in the house of representatives and the senate on participation new text end 11.25 new text begin in and results of the performance measurement system, along with any revisions in the new text end 11.26 new text begin standard set of performance measures for the upcoming year. These reports may be made new text end 11.27 new text begin by the state auditor in lieu of the council if agreed to by the auditor and the council. new text end 11.28     new text begin Subd. 4. new text end new text begin Operation of council. new text end new text begin (a) The state auditor shall convene the initial new text end 11.29 new text begin meeting of the council. new text end 11.30 new text begin (b) The chair of the council shall be elected by the members. Once elected, a chair new text end 11.31 new text begin shall serve a term of two years. new text end 11.32 new text begin (c) Members of the council serve without compensation. new text end 11.33 new text begin (d) Council members shall share and rotate responsibilities for administrative new text end 11.34 new text begin support of the council. new text end 11.35 new text begin (e) Chapter 13D does not apply to meetings of the council. Meetings of the council new text end 11.36 new text begin must be open to the public and the council must provide notice of a meeting on the state new text end 12.1 new text begin auditor's Web site at least seven days before the meeting. A meeting of the council occurs new text end 12.2 new text begin when a quorum is present. new text end 12.3 new text begin (f) The council must meet at least two times prior to the initial release of the standard new text end 12.4 new text begin set of measurements. After the initial set has been developed, the council must meet a new text end 12.5 new text begin minimum of once per year. new text end 12.6     new text begin Subd. 5. new text end new text begin Termination. new text end new text begin The council expires on January 1, 2019. new text end 12.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 12.8    Sec. 2. new text begin [6.91] LOCAL PERFORMANCE MEASUREMENT AND REPORTING. new text end 12.9     new text begin Subdivision 1. new text end new text begin Reports of local performance measures. new text end new text begin (a) A county or city that new text end 12.10 new text begin elects to participate in the standard measures program must report its results to its citizens new text end 12.11 new text begin annually through publication, direct mailing, posting on the jurisdiction's Web site, or new text end 12.12 new text begin through a presentation at the jurisdiction's truth-in-taxation hearing under section 275.065. new text end 12.13 new text begin (b) Each year, jurisdictions participating in the local performance measurement new text end 12.14 new text begin and improvement program must file a report with the state auditor by July 1 in a form new text end 12.15 new text begin prescribed by the auditor. All reports must include a declaration that the jurisdiction has new text end 12.16 new text begin complied with, or will have complied with by the end of the year, the requirement in new text end 12.17 new text begin paragraph (a). For jurisdictions participating in the standard measures program, the report new text end 12.18 new text begin shall consist of the jurisdiction's results for the standard set of performance measures new text end 12.19 new text begin under section 6.90, subdivision 2, paragraph (a). In 2011, jurisdictions participating in the new text end 12.20 new text begin comprehensive performance measurement program must submit a resolution approved by new text end 12.21 new text begin its local governing body indicating that it either has implemented or is in the process of new text end 12.22 new text begin implementing a local performance measurement system that meets the minimum standards new text end 12.23 new text begin specified by the council under section 6.90, subdivision 2, paragraph (b). In 2012 and new text end 12.24 new text begin thereafter, jurisdictions participating in the comprehensive performance measurement new text end 12.25 new text begin program must submit a statement approved by its local governing body affirming that new text end 12.26 new text begin it has implemented a local performance measurement system that meets the minimum new text end 12.27 new text begin standards specified by the council under section 6.90, subdivision 2, paragraph (b). new text end 12.28     new text begin Subd. 2. new text end new text begin Benefits of participation. new text end new text begin (a) A county or city that elects to participate in new text end 12.29 new text begin the standard measures program for 2010 is: new text end 12.30 new text begin (1) eligible for per capita reimbursement of $0.25 per capita, but not to exceed new text end 12.31 new text begin $25,000 for any government entity; new text end 12.32 new text begin (2) exempt from levy limits under sections 275.70 to 275.74 for taxes payable in new text end 12.33 new text begin 2011, if levy limits are in effect; and new text end 12.34 new text begin (3) exempt from the truth-in-taxation public hearing requirement under section new text end 12.35 new text begin 275.065, subdivision 6, for taxes payable in 2011, if the hearing requirement is in effect. new text end 13.1 new text begin (b) Any county or city that elects to participate in the standard measures program new text end 13.2 new text begin for 2011 is eligible for per capita reimbursement of $0.25 per capita, but not to exceed new text end 13.3 new text begin $25,000 for any government entity. Any jurisdiction participating in the comprehensive new text end 13.4 new text begin performance measurement program is exempt from levy limits under sections 275.70 new text end 13.5 new text begin to 275.74 for taxes payable in 2012 if levy limits are in effect, and is exempt from the new text end 13.6 new text begin truth-in-taxation public hearing requirement under section 275.065, subdivision 6, for new text end 13.7 new text begin taxes payable in 2012, if the hearing requirement is in effect. new text end 13.8 new text begin (c) Any county or city that elects to participate in the standard measures program for new text end 13.9 new text begin 2012 or any year thereafter is eligible for per capita reimbursement of $0.25 per capita, new text end 13.10 new text begin but not to exceed $25,000 for any government entity. Any jurisdiction participating in new text end 13.11 new text begin the comprehensive performance measurement program for 2012 or any year thereafter is new text end 13.12 new text begin exempt from levy limits under sections 275.70 to 275.74 for taxes payable in the following new text end 13.13 new text begin year, if levy limits are in effect, and is exempt from the truth-in-taxation public hearing new text end 13.14 new text begin requirement under section 275.065, subdivision 6, for taxes payable in the following new text end 13.15 new text begin year, if the hearing requirement is in effect. new text end 13.16     new text begin Subd. 3. new text end new text begin Certification of participation. new text end new text begin (a) The state auditor shall certify to new text end 13.17 new text begin the commissioner of revenue by August 1 of each year the counties and cities that are new text end 13.18 new text begin participating in the standard measures program and the comprehensive performance new text end 13.19 new text begin measurement program. new text end 13.20 new text begin (b) The commissioner of revenue shall make per capita aid payments under this new text end 13.21 new text begin section on the second payment date specified in section 477A.015, in the same year that new text end 13.22 new text begin the measurements were reported. new text end 13.23 new text begin (c) The commissioner of revenue shall notify each county and city that is entitled to new text end 13.24 new text begin exemption from levy limits by August 10 of each levy year. new text end 13.25     new text begin Subd. 4. new text end new text begin Appropriation. new text end new text begin A sum sufficient to meet the requirements of this section new text end 13.26 new text begin is annually appropriated from the general fund to the commissioner of revenue. new text end 13.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective December 31, 2009. new text end 13.28    Sec. 3. Minnesota Statutes 2008, section 134.34, subdivision 1, is amended to read: 13.29    Subdivision 1. Local support levels. new text begin (a) new text end A regional library basic system support 13.30grant shall be made to any regional public library system where there are at least three 13.31participating counties and where each participating city and county is providing for 13.32public library service support the lesser of (a) new text begin (1) new text end an amount equivalent to .82 percent 13.33of the new text begin average of the new text end adjusted net tax capacity of the taxable property of that city or 13.34county, as determined by the commissioner of revenue for the second new text begin , third, and fourth new text end 13.35year preceding that calendar year in 1991 and later years or (b) new text begin (2) new text end a per capita amount 14.1calculated under the provisions of this subdivision. The per capita amount is established 14.2for calendar year 1993 as $7.62. In succeeding calendar years, the per capita amount shall 14.3be increased by a percentage equal to one-half of the percentage by which the total state 14.4adjusted net tax capacity of property as determined by the commissioner of revenue for 14.5the second year preceding that calendar year increases over that total adjusted net tax 14.6capacity for the third year preceding that calendar year. 14.7 new text begin (b) new text end The minimum level of support new text begin specified under this subdivision or subdivision 4 new text end 14.8shall be certified annually to the participating cities and counties by the Department of 14.9Education. new text begin If a city or county chooses to reduce its local support in accordance with new text end 14.10 new text begin subdivision 4, paragraph (b) or (c), it shall notify its regional public library system. The new text end 14.11 new text begin regional public library system shall notify the Department of Education that a revised new text end 14.12 new text begin certification is required. The revised minimum level of support shall be certified to the new text end 14.13 new text begin city or county by the Department of Education. new text end 14.14 new text begin (c) new text end A city which is a part of a regional public library system shall not be required to 14.15provide this level of support if the property of that city is already taxable by the county 14.16for the support of that regional public library system. In no event shall the Department 14.17of Education require any city or county to provide a higher level of support than the 14.18level of support specified in this section in order for a system to qualify for a regional 14.19library basic system support grant. This section shall not be construed to prohibit a city 14.20or county from providing a higher level of support for public libraries than the level of 14.21support specified in this section. 14.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for calendar years 2009 and new text end 14.23 new text begin thereafter, except that the change in paragraph (a) is effective for calendar years 2011 new text end 14.24 new text begin and thereafter. new text end 14.25    Sec. 4. Minnesota Statutes 2008, section 134.34, subdivision 4, is amended to read: 14.26    Subd. 4. Limitation. new text begin (a) new text end A regional library basic system support grant shall not be 14.27made to a regional public library system for a participating city or county which decreases 14.28the dollar amount provided for support for operating purposes of public library service 14.29below the amount provided by it for the second new text begin or third new text end preceding year new text begin , whichever is less new text end . 14.30For purposes of this subdivision and subdivision 1, any funds provided under section 14.31473.757, subdivision 2 , for extending library hours of operation shall not be considered 14.32amounts provided by a city or county for support for operating purposes of public library 14.33service. This subdivision shall not apply to participating cities or counties where the 14.34adjusted net tax capacity of that city or county has decreased, if the dollar amount of the 14.35reduction in support is not greater than the dollar amount by which support would be 15.1decreased if the reduction in support were made in direct proportion to the decrease in 15.2adjusted net tax capacity. 15.3 new text begin (b) In addition, in any calendar year in which a city's or county's aid under sections new text end 15.4 new text begin 477A.011 to 477A.014 or credits under section 273.1384 are reduced after the city or new text end 15.5 new text begin county has certified its levy payable in that year, it may reduce its local support by the new text end 15.6 new text begin lesser of (1) ten percent, or (2) a percent equal to the percent the aid or credit reduction is new text end 15.7 new text begin of the city's or county's revenue base as defined in paragraph (e), based on aids certified for new text end 15.8 new text begin the current calendar year. For calendar year 2009 only, the reduction under this paragraph new text end 15.9 new text begin shall be based on 2008 aid and credit reductions under the December 2008 unallotment, as new text end 15.10 new text begin well as any aid and credit reductions in calendar year 2009. For calendar year 2009 only, new text end 15.11 new text begin the commissioner of revenue will calculate the reductions under this paragraph and certify new text end 15.12 new text begin them to the commissioner of education within 15 days of this provision becoming law. new text end 15.13 new text begin (c) In addition, in any payable year in which the total amounts certified for city new text end 15.14 new text begin or county aids under sections 477A.011 to 477A.014 are less than the total amounts new text end 15.15 new text begin paid under those sections in the previous calendar year, a city or county may reduce its new text end 15.16 new text begin local support by the lesser of (1) ten percent, or (2) a percent equal to the ratio of (i) the new text end 15.17 new text begin difference between the sum of the aid it was paid under sections 477A.011 to 477A.014 new text end 15.18 new text begin and the credit reimbursements it received under section 273.1384 in the previous calendar new text end 15.19 new text begin year and the aid it is certified to be paid in the current calendar year under sections new text end 15.20 new text begin 477A.011 to 477A.014 and the credits estimated to be paid under section 273.1384, to (ii) new text end 15.21 new text begin its revenue base for the previous year, based on aids actually paid in the previous calendar new text end 15.22 new text begin year. The commissioner of revenue shall calculate the percent aid cut for each county and new text end 15.23 new text begin city under this paragraph and certify the percentage cuts to the commissioner of education new text end 15.24 new text begin by August 1 of the year prior to the year in which the reduced aids and credits are to be new text end 15.25 new text begin paid. The percentage of reduction related to reductions to credit reimbursements under new text end 15.26 new text begin section 273.1384 shall be based on the best estimation available as of July 30. new text end 15.27 new text begin (d) Notwithstanding paragraph (a), (b), or (c), no city or county shall reduce its new text end 15.28 new text begin support for public libraries below the minimum level specified in subdivision 1. No county new text end 15.29 new text begin may make a reduction under paragraph (b) or (c) in a year in which it is receiving local new text end 15.30 new text begin sales tax revenue under section 297A.994. new text end 15.31 new text begin (e) For purposes of this subdivision, "revenue base" means the sum of: new text end 15.32 new text begin (1) its levy for taxes payable in the current calendar year, including the levy on new text end 15.33 new text begin the fiscal disparities distribution under section 276A.06, subdivision 3, paragraph (a), new text end 15.34 new text begin or 473F.08, subdivision 3, paragraph (a); new text end 15.35 new text begin (2) its aid under sections 477A.011 to 477A.014 in the current calendar year; and new text end 15.36 new text begin (3) its taconite aid in the current calendar year under sections 298.28 and 298.282. new text end 16.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for support in calendar year 2009 and new text end 16.2 new text begin thereafter for library grants paid in fiscal year 2010 and thereafter, except that the changes new text end 16.3 new text begin in paragraph (a) are effective for support in calendar year 2010 and thereafter. new text end 16.4    Sec. 5. new text begin [270C.991] PROPERTY TAX SYSTEM BENCHMARKS AND new text end 16.5 new text begin CRITICAL INDICATORS. new text end 16.6     new text begin Subdivision 1. new text end new text begin Purpose. new text end new text begin State policy makers should be provided with the tools to new text end 16.7 new text begin create a more accountable and efficient property tax system. This section provides the new text end 16.8 new text begin principles and available tools necessary to work toward achieving that goal. new text end 16.9     new text begin Subd. 2. new text end new text begin Property tax principles. new text end new text begin To better evaluate the various property tax new text end 16.10 new text begin proposals that come before the legislature, the following basic property tax principles new text end 16.11 new text begin should be taken into consideration: new text end 16.12 new text begin (1) transparent and understandable; new text end 16.13 new text begin (2) simple and efficient; new text end 16.14 new text begin (3) equitable; new text end 16.15 new text begin (4) stable and predictable; new text end 16.16 new text begin (5) compliance and accountability; new text end 16.17 new text begin (6) competitive, both nationally and globally; and new text end 16.18 new text begin (7) responsive to economic conditions. new text end 16.19     new text begin Subd. 3. new text end new text begin Major indicators. new text end new text begin There are many different types of indicators available to new text end 16.20 new text begin legislators to evaluate tax legislation. Indicators are useful to have available as benchmarks new text end 16.21 new text begin when legislators are contemplating changes. Each tool has its own limitation and no one new text end 16.22 new text begin tool is perfect or should be used independently. Some of the tools measure the global new text end 16.23 new text begin characteristics of the entire tax system, while others are only a measure of the property tax new text end 16.24 new text begin impacts and its administration. The following is a list of the available major indicators: new text end 16.25 new text begin (1) property tax principles scale, the components of which are listed in subdivision new text end 16.26 new text begin 2, as they relate to the various features of the property tax system; new text end 16.27 new text begin (2) price of government report, as required under section 16A.102; new text end 16.28 new text begin (3) tax incidence report, as required under section 270C.13; new text end 16.29 new text begin (4) tax expenditure budget and report, as required under section 270C.11; new text end 16.30 new text begin (5) state tax rankings; new text end 16.31 new text begin (6) property tax levy plus aid data, and market value and net tax capacity data, by new text end 16.32 new text begin taxing district for current and past years; new text end 16.33 new text begin (7) effective tax rate (tax as a percent of market value) and the equalized effective new text end 16.34 new text begin tax rate (effective tax rate adjusted for assessment differences); new text end 16.35 new text begin (8) assessment sales ratio study, as required under section 127A.48; new text end 17.1 new text begin (9) "Voss" database, which matches homeowner property taxes and household new text end 17.2 new text begin income; new text end 17.3 new text begin (10) revenue estimates under section 270C.11, subdivision 5, and state fiscal notes new text end 17.4 new text begin under section 477A.03, subdivision 2b; and new text end 17.5 new text begin (11) local impact notes, with improved local analysis as described in subdivision 7. new text end 17.6     new text begin Subd. 4. new text end new text begin Property tax working group. new text end new text begin (a) A property tax working group is new text end 17.7 new text begin established as provided in this subdivision. The goals of the working group are: new text end 17.8 new text begin (1) to investigate ways to simplify the property tax system and make advisory new text end 17.9 new text begin recommendations on ways to make the system more understandable; new text end 17.10 new text begin (2) to reexamine the property tax calendar to determine what changes could be made new text end 17.11 new text begin to shorten the two-year cycle from assessment through property tax collection; and new text end 17.12 new text begin (3) to determine the cost versus the benefits of the various property tax components, new text end 17.13 new text begin including property classifications, credits, aids, exclusions, exemptions, and abatements, new text end 17.14 new text begin and to suggest ways to achieve some of the goals in simpler and more cost-efficient ways. new text end 17.15 new text begin (b) The 12-member working group shall consist of the following members: new text end 17.16 new text begin (1) two state representatives, both appointed by the chair of the house of new text end 17.17 new text begin representatives Tax Committee, one from the majority party and one from the minority new text end 17.18 new text begin party; new text end 17.19 new text begin (2) two senators, both appointed by the chair of the senate Tax Committee, one from new text end 17.20 new text begin the majority party and one from the minority party; new text end 17.21 new text begin (3) the commissioner of revenue, or designee; new text end 17.22 new text begin (4) one person, appointed by the Association of Minnesota Counties; new text end 17.23 new text begin (5) one person, appointed by the League of Minnesota Cities; new text end 17.24 new text begin (6) one person, appointed by the Minnesota Association of Townships; new text end 17.25 new text begin (7) one person, appointed by the Minnesota Chamber of Commerce; new text end 17.26 new text begin (8) one person, appointed by the Minnesota Association of Assessing Officers; and new text end 17.27 new text begin (9) two homeowners, one who is under 65 years of age, and one who is 65 years of new text end 17.28 new text begin age or older, both appointed by the commissioner of revenue. new text end 17.29 new text begin The commissioner of revenue shall chair the initial meeting, and the working group new text end 17.30 new text begin shall elect a chair at that initial meeting. The working group meets at the call of the chair. new text end 17.31 new text begin Members of the working group shall serve without compensation. The commissioner of new text end 17.32 new text begin revenue must provide administrative support to the working group. Chapter 13D does new text end 17.33 new text begin not apply to meetings of the working group. Meetings of the working group must be new text end 17.34 new text begin open to the public and the working group must provide notice of a meeting to potentially new text end 17.35 new text begin interested persons at least seven days before the meeting. A "meeting" of the council new text end 17.36 new text begin occurs when a quorum is present. new text end 18.1 new text begin (c) The working group shall make its advisory recommendations to the chairs of new text end 18.2 new text begin the house of representatives and senate tax committees on or before February 1, 2011, new text end 18.3 new text begin at which time the working group is finished and this subdivision expires. The advisory new text end 18.4 new text begin recommendations should be reviewed by the tax committee under subdivision 5. new text end 18.5     new text begin Subd. 5. new text end new text begin Tax committee review and resolution. new text end new text begin On or before March 1, 2011, and new text end 18.6 new text begin every two years thereafter, the house of representatives and senate tax committees must new text end 18.7 new text begin review the major indicators as contained in subdivision 3, and ascertain the accountability new text end 18.8 new text begin and efficiency of the property tax system. The house of representatives and senate tax new text end 18.9 new text begin committees shall prepare a resolution on targets and benchmarks for use during the new text end 18.10 new text begin current biennium. new text end 18.11     new text begin Subd. 6. new text end new text begin Department of Revenue; revenue estimates. new text end new text begin As provided under new text end 18.12 new text begin section 270C.11, subdivision 5, the Department of Revenue is required to prepare an new text end 18.13 new text begin estimate of the effect on the state's tax revenues which result from the passage of a new text end 18.14 new text begin legislative bill establishing, extending, or restricting a tax expenditure. Beginning with new text end 18.15 new text begin the 2010 legislative session, those revenue estimates must also identify how the property new text end 18.16 new text begin tax principles, contained in subdivision 2, apply to the proposed tax changes. The new text end 18.17 new text begin commissioner of revenue shall develop a scale for measuring the appropriate principles new text end 18.18 new text begin for each proposed change. The department shall quantify the effects, if possible, or at a new text end 18.19 new text begin minimum, shall identify the relevant factors so that legislators are aware of possible new text end 18.20 new text begin outcomes, including administrative difficulties and cost. The interaction of property tax new text end 18.21 new text begin shifting should be identified and quantified to the degree possible. new text end 18.22     new text begin Subd. 7. new text end new text begin Local impact notes. new text end new text begin Local impact notes are statements that provide new text end 18.23 new text begin information about changes in local government responsibility, administration, and cost due new text end 18.24 new text begin to changes in state law. The local impact note process seeks the participation of political new text end 18.25 new text begin subdivisions to gather information as needed by the legislature. The local impact network new text end 18.26 new text begin of political subdivisions shall consist of representation from associations from Minnesota new text end 18.27 new text begin counties, cities, towns, and school districts, and other members as needed. They shall, new text end 18.28 new text begin among other things, work with the legislature and the commissioner of finance to analyze: new text end 18.29 new text begin (1) changes in tax revenues for local governments; new text end 18.30 new text begin (2) changes in expenditures for local governments, including program and new text end 18.31 new text begin administration costs; and new text end 18.32 new text begin (3) incidences of tax shifting, including identifying the target audience (taxpayers new text end 18.33 new text begin who benefit from the tax shift) and the impact audience (taxpayers who bear the burden of new text end 18.34 new text begin the tax shift). new text end 18.35 new text begin For tax bills, the local impact network of political subdivisions shall rate the impact new text end 18.36 new text begin on Minnesota's tax system using the tax principles contained in subdivision 2. new text end 19.1 new text begin Some of the cost for preparing this information is distributed to the local impact new text end 19.2 new text begin network as provided under section 477A.03, subdivision 2b, paragraph (b). new text end 19.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 19.4    Sec. 6. new text begin [275.77] TEMPORARY SUSPENSION OF NEW OR INCREASED new text end 19.5 new text begin MAINTENANCE OF EFFORT AND MATCHING FUND REQUIREMENTS. new text end 19.6     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For purposes of this section, the following terms have new text end 19.7 new text begin the meanings given them: new text end 19.8 new text begin (1) "maintenance of effort" means a requirement imposed on a political subdivision new text end 19.9 new text begin by state law to continue providing funding of a service or program at a given or increasing new text end 19.10 new text begin level based on its funding of the service and program in prior years; new text end 19.11 new text begin (2) "matching fund requirements" means a requirement imposed on a political new text end 19.12 new text begin subdivision by state law to fund a portion of a program or service but does not mean new text end 19.13 new text begin required nonstate contributions to state capital funded projects or other nonstate new text end 19.14 new text begin contributions required in order to receive a grant or loan the political subdivision has new text end 19.15 new text begin requested or applied for; and new text end 19.16 new text begin (3) "political subdivision" means a county, town, or statutory or home rule charter new text end 19.17 new text begin city. new text end 19.18     new text begin Subd. 2. new text end new text begin Temporary suspension. new text end new text begin (a) Notwithstanding any other provision of law new text end 19.19 new text begin to the contrary, any new maintenance of effort or matching fund requirement enacted new text end 19.20 new text begin after January 1, 2009, that will require spending by a political subdivision shall not be new text end 19.21 new text begin effective until January 1, 2012. new text end 19.22 new text begin (b) Notwithstanding any other provision of law to the contrary, any changes to new text end 19.23 new text begin existing maintenance of effort or matching fund requirement enacted after January 1, new text end 19.24 new text begin 2009, that will require new spending by a political subdivision shall not be effective new text end 19.25 new text begin until January 1, 2012. new text end 19.26 new text begin (c) The suspension of changes to existing maintenance of effort and matching fund new text end 19.27 new text begin requirements under paragraph (b) does not apply if the spending is required by federal law new text end 19.28 new text begin and there would be a cost to the state budget without the change. new text end 19.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 19.30    Sec. 7. Minnesota Statutes 2008, section 477A.03, subdivision 2b, is amended to read: 19.31    Subd. 2b. Counties. (a) For aids payable in 2009 and thereafter, the total aid 19.32payable under section 477A.0124, subdivision 3, is $111,500,000 minus one-half of the 19.33total aid amount determined under section 477A.0124, subdivision 5, paragraph (b), 20.1subject to adjustment in subdivision 5. Each calendar year, $500,000 shall be retained 20.2by the commissioner of revenue to make reimbursements to the commissioner of finance 20.3for payments made under section 611.27. For calendar year 2004, the amount shall 20.4be in addition to the payments authorized under section 477A.0124, subdivision 1. 20.5For calendar year 2005 and subsequent years, the amount shall be deducted from the 20.6appropriation under this paragraph. The reimbursements shall be to defray the additional 20.7costs associated with court-ordered counsel under section 611.27. Any retained amounts 20.8not used for reimbursement in a year shall be included in the next distribution of county 20.9need aid that is certified to the county auditors for the purpose of property tax reduction 20.10for the next taxes payable year. 20.11    (b) For aids payable in 2009 and thereafter, the total aid under section 477A.0124, 20.12subdivision 4 , is $116,132,923 minus one-half of the total aid amount determined under 20.13section 477A.0124, subdivision 5, paragraph (b), subject to adjustment in subdivision 20.145. The commissioner of finance shall bill the commissioner of revenue for the cost of 20.15preparation of local impact notes as required by section 3.987, not to exceed $207,000 in 20.16fiscal year 2004 and thereafter. The commissioner of education shall bill the commissioner 20.17of revenue for the cost of preparation of local impact notes for school districts as 20.18required by section 3.987, not to exceed $7,000 in fiscal year 2004 and thereafter. The 20.19commissioner of revenue shall deduct the amounts billed under this paragraph from 20.20the appropriation under this paragraph. The amounts deducted are appropriated to the 20.21commissioner of finance and the commissioner of education for the preparation of local 20.22impact notes. new text begin The commissioner of finance shall annually use at least $150,000 of the new text end 20.23 new text begin $207,000 appropriation to contract with the representative associations for counties, cities, new text end 20.24 new text begin towns, and school districts to establish a local impact network of political subdivisions new text end 20.25 new text begin for preparing local impact notes that provide information to the legislature as provided in new text end 20.26 new text begin section 270C.991, subdivision 7. new text end 20.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for fiscal year 2010 and thereafter. new text end 20.28ARTICLE 3 20.29LOCAL GOVERNMENT FLEXIBILITY AND MANDATE 20.30REDUCTION PROVISIONS 20.31    Section 1. Minnesota Statutes 2008, section 3.842, subdivision 4a, is amended to read: 20.32    Subd. 4a. Objections to rules. (a) For purposes of this subdivision, "committee" 20.33means the house of representatives policy committee or senate policy committee with 20.34primary jurisdiction over state governmental operations. The commission new text begin , the Legislative new text end 20.35 new text begin Commission on Mandate Reform, new text end or a committee may object to a rule as provided in 21.1this subdivision. If the commission new text begin , the Legislative Commission on Mandate Reform, new text end 21.2or a committee objects to all or some portion of a rule because the commission new text begin , the new text end 21.3 new text begin Legislative Commission on Mandate Reform, new text end or new text begin a new text end committee considers it to be beyond 21.4the procedural or substantive authority delegated to the agency, including a proposed rule 21.5submitted under section 14.15, subdivision 4, or 14.26, subdivision 3, paragraph (c), the 21.6commission new text begin , the Legislative Commission on Mandate Reform, new text end or new text begin a new text end committee may file 21.7that objection in the Office of the Secretary of State. The filed objection must contain a 21.8concise statement of the commission's new text begin , the Legislative Commission on Mandate Reform, new text end 21.9or new text begin a new text end committee's reasons for its action. An objection to a proposed rule submitted by the 21.10commission new text begin , the Legislative Commission on Mandate Reform, new text end or a committee under 21.11section 14.15, subdivision 4, or 14.26, subdivision 3, paragraph (c), may not be filed 21.12before the rule is adopted. 21.13(b) The secretary of state shall affix to each objection a certification of the date and 21.14time of its filing and as soon after the objection is filed as practicable shall transmit a 21.15certified copy of it to the agency issuing the rule in question and to the revisor of statutes. 21.16The secretary of state shall also maintain a permanent register open to public inspection of 21.17all objections by the commission new text begin , the Legislative Commission on Mandate Reform, new text end or 21.18 new text begin a new text end committee. 21.19(c) The commission new text begin , the Legislative Commission on Mandate Reform, new text end or new text begin a new text end 21.20committee shall publish and index an objection filed under this section in the next issue 21.21of the State Register. The revisor of statutes shall indicate the existence of the objection 21.22adjacent to the rule in question when that rule is published in Minnesota Rules. 21.23(d) Within 14 days after the filing of an objection by the commission new text begin , the Legislative new text end 21.24 new text begin Commission on Mandate Reform, new text end or new text begin a new text end committee to a rule, the issuing agency shall 21.25respond in writing to the objecting entity. After receipt of the response, the commission new text begin , new text end 21.26 new text begin the Legislative Commission on Mandate Reform, new text end or new text begin a new text end committee may withdraw or modify 21.27its objection. 21.28(e) After the filing of an objection by the commission new text begin , the Legislative Commission new text end 21.29 new text begin on Mandate Reform, new text end or new text begin a new text end committee that is not subsequently withdrawn, the burden is 21.30upon the agency in any proceeding for judicial review or for enforcement of the rule to 21.31establish that the whole or portion of the rule objected to is valid. 21.32(f) The failure of the commission new text begin , the Legislative Commission on Mandate Reform, new text end 21.33or a committee to object to a rule is not an implied legislative authorization of its validity. 21.34(g) In accordance with sections 14.44 and 14.45, the commission new text begin , the Legislative new text end 21.35 new text begin Commission on Mandate Reform, new text end or a committee may petition for a declaratory judgment 21.36to determine the validity of a rule objected to by the commission new text begin , the Legislative new text end 22.1 new text begin Commission on Mandate Reform, new text end or new text begin a new text end committee. The action must be started within two 22.2years after an objection is filed in the Office of the Secretary of State. 22.3(h) The commission new text begin , the Legislative Commission on Mandate Reform, new text end or a 22.4committee may intervene in litigation arising from agency action. For purposes of this 22.5paragraph, agency action means the whole or part of a rule, or the failure to issue a rule. 22.6    Sec. 2. Minnesota Statutes 2008, section 3.843, is amended to read: 22.73.843 PUBLIC HEARINGS BY STATE AGENCIES. 22.8By a vote of a majority of its members, the commission new text begin or the Legislative new text end 22.9 new text begin Commission on Mandate Reform new text end may request any agency issuing rules to hold a 22.10public hearing in respect to recommendations made under section 3.842, including 22.11recommendations made by the commission new text begin or the Legislative Commission on Mandate new text end 22.12 new text begin Reform new text end to promote adequate and proper rules by that agency and recommendations 22.13contained in the commission's biennial report. The agency shall give notice as provided in 22.14section 14.14, subdivision 1, of a hearing under this section, to be conducted in accordance 22.15with sections 14.05 to 14.28. The hearing must be held not more than 60 days after receipt 22.16of the request or within any other longer time period specified by the commission new text begin or the new text end 22.17 new text begin Legislative Commission on Mandate Reform new text end in the request. 22.18    Sec. 3. new text begin [3.99] LEGISLATIVE COMMISSION ON MANDATE REFORM; new text end 22.19 new text begin ESTABLISHED. new text end 22.20     new text begin Subdivision 1. new text end new text begin Established. new text end new text begin The Legislative Commission on Mandate Reform is new text end 22.21 new text begin established as provided in this section, with the powers and duties given it in sections new text end 22.22 new text begin 3.842, subdivision 4a; 3.843; and 3.99 to 3.992. new text end 22.23     new text begin Subd. 2. new text end new text begin Membership. new text end new text begin The commission consists of four senators appointed by the new text end 22.24 new text begin senate Subcommittee on Committees of the Committee on Rules and Administration, new text end 22.25 new text begin three senators appointed by the senate minority leader, four state representatives appointed new text end 22.26 new text begin by the speaker of the house, and three state representatives appointed by the house new text end 22.27 new text begin of representatives minority leader. The appointing authorities must ensure balanced new text end 22.28 new text begin geographic representation. Each appointing authority must make appointments as soon as new text end 22.29 new text begin possible. new text end 22.30     new text begin Subd. 3. new text end new text begin Terms; vacancies. new text end new text begin Members of the commission serve for a two-year term new text end 22.31 new text begin beginning upon appointment and expiring upon appointment of a successor after the new text end 22.32 new text begin opening of the next regular session of the legislature in the odd-numbered year. A vacancy new text end 22.33 new text begin in the membership of the commission must be filled for the unexpired term in a manner new text end 22.34 new text begin that preserves the representation established by this section. new text end 23.1     new text begin Subd. 4. new text end new text begin Chair. new text end new text begin The commission must meet as soon as practicable after members new text end 23.2 new text begin are appointed in each odd-numbered year to elect its chair and other officers as it may new text end 23.3 new text begin determine necessary. A chair serves a two-year term, expiring in the odd-numbered year new text end 23.4 new text begin after a successor is elected. The chair must alternate biennially between the senate and the new text end 23.5 new text begin house of representatives. new text end 23.6     new text begin Subd. 5. new text end new text begin Compensation. new text end new text begin Members may be reimbursed for their reasonable new text end 23.7 new text begin expenses as members of the legislature. new text end 23.8     new text begin Subd. 6. new text end new text begin Staff. new text end new text begin The Legislative Coordinating Commission must provide new text end 23.9 new text begin administrative support to the commission, including secretarial services, record keeping, new text end 23.10 new text begin and grants administration. new text end 23.11     new text begin Subd. 7. new text end new text begin Meetings; procedures; tie votes. new text end new text begin The first meeting of the biennium must new text end 23.12 new text begin be convened by the member designated by the senate majority leader if a senator is to chair new text end 23.13 new text begin the commission for the biennium, or by the speaker of the house if a state representative new text end 23.14 new text begin is to chair the commission for the biennium. The commission meets at the call of the new text end 23.15 new text begin chair. Commission action requires a positive vote of at least four house of representatives new text end 23.16 new text begin members and at least four senate members. new text end 23.17     new text begin Subd. 8. new text end new text begin Funding. new text end new text begin The Legislative Coordinating Commission shall annually bill the new text end 23.18 new text begin commissioner of revenue for costs incurred by the Legislative Coordinating Commission new text end 23.19 new text begin in providing administrative support and to make the grants authorized by the legislative new text end 23.20 new text begin commission on unnecessary mandates, in an amount not to exceed $100,000 per year. The new text end 23.21 new text begin commissioner of revenue shall deduct one-half of the certified costs from payments to new text end 23.22 new text begin counties under section 477A.03, subdivision 2b, and one-half of the certified costs from new text end 23.23 new text begin payments to cities under section 477A.03, subdivision 2a. new text end 23.24    Sec. 4. new text begin [3.991] LEGISLATIVE COMMISSION ON MANDATE REFORM; new text end 23.25 new text begin REVIEW AND RECOMMENDATIONS TO LEGISLATURE. new text end 23.26 new text begin The Legislative Commission on Mandate Reform must solicit from local new text end 23.27 new text begin governments information on state laws and rules that local governments consider to be new text end 23.28 new text begin problematic mandates. The commission must review the mandates identified and consider new text end 23.29 new text begin why each mandate was enacted or adopted, whether the reason for it still exists, the costs new text end 23.30 new text begin to local governments to comply with the mandate, and whether repeal or modification new text end 23.31 new text begin of the mandate is appropriate. Before the beginning of each legislative session, the new text end 23.32 new text begin commission must prepare for introduction a bill to repeal or modify those laws or rules the new text end 23.33 new text begin commission determines are unnecessary. new text end 24.1    Sec. 5. new text begin [3.992] LEGISLATIVE COMMISSION ON MANDATE REFORM; new text end 24.2 new text begin GRANTS. new text end 24.3 new text begin Upon recommendation of the Legislative Commission on Mandate Reform, new text end 24.4 new text begin the commissioner of revenue may make grants to the League of Minnesota Cities, new text end 24.5 new text begin the Association of Minnesota Counties, Minnesota Association of Townships, other new text end 24.6 new text begin organizations representing local governments, the Board of Regents of the University of new text end 24.7 new text begin Minnesota, the Board of Trustees of Minnesota State Colleges and Universities, or other new text end 24.8 new text begin accredited postsecondary institutions to research and make recommendations on mandate new text end 24.9 new text begin reform. A grant may be in any amount up to $........ The commissioner must specify the new text end 24.10 new text begin work to be done, the completion date, and the maximum grant amount, and may specify new text end 24.11 new text begin any other conditions the commissioner deems necessary or useful. new text end 24.12    Sec. 6. new text begin [3.993] EXPIRATION. new text end 24.13 new text begin Sections 3.99 to 3.992 expire June 30, 2013. new text end 24.14    Sec. 7. new text begin [14.128] EFFECTIVE DATE FOR RULES REQUIRING LOCAL new text end 24.15 new text begin IMPLEMENTATION. new text end 24.16     new text begin Subdivision 1. new text end new text begin Determination. new text end new text begin An agency must determine if a local government is new text end 24.17 new text begin required to adopt or amend an ordinance or other regulation to comply with a proposed new text end 24.18 new text begin agency rule. An agency must make this determination before the close of the hearing new text end 24.19 new text begin record or before the agency submits the record to the administrative law judge if there new text end 24.20 new text begin is no hearing. The administrative law judge must review and approve or disapprove new text end 24.21 new text begin the agency's determination. "Local government" means a town, county, or home rule new text end 24.22 new text begin charter or statutory city. new text end 24.23     new text begin Subd. 2. new text end new text begin Effective dates. new text end new text begin If the agency determines that the proposed rule requires new text end 24.24 new text begin adoption or amendment of an ordinance or other regulation, or if the administrative law new text end 24.25 new text begin judge disapproves the agency's determination that the rule does not have this effect, the new text end 24.26 new text begin rule may not become effective until: new text end 24.27 new text begin (1) the next July 1 or January 1 after notice of final adoption is published in the new text end 24.28 new text begin State Register; or new text end 24.29 new text begin (2) a later date provided by law or specified in the proposed rule. new text end 24.30     new text begin Subd. 3. new text end new text begin Exceptions. new text end new text begin Subdivision 2 does not apply: new text end 24.31 new text begin (1) to a rule adopted under section 14.388, 14.389, or 14.3895, or under another law new text end 24.32 new text begin specifying that the rulemaking procedures of this chapter do not apply; new text end 25.1 new text begin (2) if the administrative law judge approves an agency's determination that the rule new text end 25.2 new text begin has been proposed pursuant to a specific federal statutory or regulatory mandate that new text end 25.3 new text begin requires the rule to take effect before the date specified in subdivision 1; or new text end 25.4 new text begin (3) if the governor waives application of subdivision 2. new text end 25.5    Sec. 8. Minnesota Statutes 2008, section 16C.28, subdivision 1a, is amended to read: 25.6    Subd. 1a. Establishment and purpose. (a) The state recognizes the importance of 25.7the inclusion of a best value contracting system for construction as an alternative to the 25.8current low-bid system of procurement. In order to accomplish that goal, state and local 25.9governmental entities shall be able to choose the best value system in different phases. 25.10    (b) "Best value" means the procurement method defined in section 16C.02, 25.11subdivision 4a. 25.12    (c) The following entities are eligible to participate in phase I: 25.13    (1) state agencies; 25.14    (2) counties; 25.15    (3) cities; and 25.16    (4) school districts with the highest 25 percent enrollment of students in the state. 25.17Phase I begins on July 1, 2007. 25.18    (d) The following entities are eligible to participate in phase II: 25.19    (1) those entities included in phase I; and 25.20    (2) school districts with the highest 50 percent enrollment of students in the state. 25.21Phase II begins two years from July 1, 2007. 25.22    (e) The following entities are eligible to participate in phase III: 25.23    (1) all entities included in phases I and II; and 25.24    (2) all other townships, school districts, and political subdivisions in the state. 25.25Phase III begins three years from July 1, 2007. 25.26    (f) The commissioner or any agency for which competitive bids or proposals are 25.27required may not use best value contracting as defined in section 16C.02, subdivision 4a, 25.28for more than one project annually, or 20 percent of its projects, whichever is greater, in 25.29each of the first three fiscal years in which best value construction contracting is used. 25.30    Sec. 9. Minnesota Statutes 2008, section 306.243, is amended by adding a subdivision 25.31to read: 26.1     new text begin Subd. 6. new text end new text begin Abandonment; end of operation as cemetery. new text end new text begin A county that has accepted new text end 26.2 new text begin responsibility for an abandoned cemetery may prohibit further burials in the abandoned new text end 26.3 new text begin cemetery, and may cease all acceptance of responsibility for new burials. new text end 26.4    Sec. 10. Minnesota Statutes 2008, section 344.18, is amended to read: 26.5344.18 COMPENSATION OF VIEWERS. 26.6Fence viewers must be paid for their services by the person employing them at the 26.7rate of $15 each for each day's employment. $60 must be deposited with the town or city 26.8treasurer before the service is performed. Upon completion of the service, any of the $60 26.9not spent to compensate the fence viewers must be returned to the depositor. new text begin The town new text end 26.10 new text begin board may by resolution require the person employing the fence viewers to post a bond or new text end 26.11 new text begin other security acceptable to the board for the total estimated costs before the viewing takes new text end 26.12 new text begin place. The total estimated costs may include the cost of professional and other services, new text end 26.13 new text begin hearing costs, administrative costs, recording costs, and other costs and expenses which new text end 26.14 new text begin the town may incur in connection with the viewing. new text end 26.15    Sec. 11. Minnesota Statutes 2008, section 365.28, is amended to read: 26.16365.28 PUBLIC BURIAL GROUND IS TOWN'S AFTER TEN YEARS. 26.17A tract of land in a town becomes town property after it has been used as a public 26.18burial ground for ten years if the tract is not owned by a cemetery association. The town 26.19board shall control the burial ground as it controls other town cemeteries. new text begin A town that has new text end 26.20 new text begin assumed ownership of a cemetery may prohibit further burials in it. new text end 26.21    Sec. 12. Minnesota Statutes 2008, section 373.052, subdivision 1, is amended to read: 26.22    Subdivision 1. Business days. County offices shall be open for public business on 26.23all new text begin at least four new text end business days new text begin per week new text end except (a) legal holidays, (b) holidays established 26.24by the county board pursuant to contract with certified employee bargaining units, and 26.25(c) emergency situations. For purposes of this section "business day" means Monday, 26.26Tuesday, Wednesday, Thursday new text begin , new text end and Friday. 26.27    Sec. 13. Minnesota Statutes 2008, section 429.041, subdivision 1, is amended to read: 26.28    Subdivision 1. Plans and specifications, advertisement for bids. When the 26.29council determines to make any improvement, it shall let the contract for all or part of 26.30the work, or order all or part of the work done by day labor or otherwise as authorized by 26.31subdivision 2, no later than one year after the adoption of the resolution ordering such 26.32improvement, unless a different time limit is specifically stated in the resolution ordering 27.1the improvement. The council shall cause plans and specifications of the improvement 27.2to be made, or if previously made, to be modified, if necessary, and to be approved and 27.3filed with the clerk, and if the estimated cost exceeds $50,000 new text begin the amount in section new text end 27.4 new text begin 471.345, subdivision 3 new text end , shall advertise for bids for the improvement in the newspaper and 27.5such other papers and for such length of time as it may deem advisable. If the estimated 27.6cost exceeds $100,000 new text begin twice the amount in section 471.345, subdivision 3 new text end , publication 27.7shall be made no less than three weeks before the last day for submission of bids once 27.8in the newspaper and at least once in either a newspaper published in a city of the first 27.9class or a trade paper. To be eligible as such a trade paper, a publication shall have all 27.10the qualifications of a legal newspaper except that instead of the requirement that it shall 27.11contain general and local news, such trade paper shall contain building and construction 27.12news of interest to contractors in this state, among whom it shall have a general circulation. 27.13The advertisement shall specify the work to be done, shall state the time when the bids 27.14will be publicly opened for consideration by the council, which shall be not less than ten 27.15days after the first publication of the advertisement when the estimated cost is less than 27.16$100,000 new text begin twice the amount in section 471.345, subdivision 3, new text end and not less than three 27.17weeks after such publication in other cases, and shall state that no bids will be considered 27.18unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, 27.19bid bond, or certified check payable to the clerk, for such percentage of the amount of the 27.20bid as the council may specify. In providing for the advertisement for bids the council 27.21may direct that the bids shall be opened publicly by two or more designated officers or 27.22agents of the municipality and tabulated in advance of the meeting at which they are to 27.23be considered by the council. Nothing herein shall prevent the council from advertising 27.24separately for various portions of the work involved in an improvement, or from itself, 27.25supplying by such means as may be otherwise authorized by law, all or any part of the 27.26materials, supplies, or equipment to be used in the improvement or from combining two or 27.27more improvements in a single set of plans and specifications or a single contract. 27.28    Sec. 14. Minnesota Statutes 2008, section 429.041, subdivision 2, is amended to read: 27.29    Subd. 2. Contracts; day labor. In contracting for an improvement, the council shall 27.30require the execution of one or more written contracts and bonds, conditioned as required 27.31by law. The council shall award the contract to the lowest responsible bidder or it may 27.32reject all bids. If any bidder to whom a contract is awarded fails to enter promptly into 27.33a written contract and to furnish the required bond, the defaulting bidder shall forfeit to 27.34the municipality the amount of the defaulter's cash deposit, cashier's check, bid bond, or 27.35certified check, and the council may thereupon award the contract to the next lowest 28.1responsible bidder. When it appears to the council that the cost of the entire work projected 28.2will be less than $50,000 new text begin the amount in section 471.345, subdivision 3 new text end , or whenever no 28.3bid is submitted after proper advertisement or the only bids submitted are higher than 28.4the engineer's estimate, the council may advertise for new bids or, without advertising 28.5for bids, directly purchase the materials for the work and do it by the employment of day 28.6labor or in any other manner the council considers proper. The council may have the 28.7work supervised by the city engineer or other qualified person but shall have the work 28.8supervised by a registered engineer if done by day labor and it appears to the council that 28.9the entire cost of all work and materials for the improvement will be more than $25,000 new text begin new text end 28.10 new text begin the lowest amount in section 471.345, subdivision 4 new text end . In case of improper construction 28.11or unreasonable delay in the prosecution of the work by the contractor, the council may 28.12order and cause the suspension of the work at any time and relet the contract, or order 28.13a reconstruction of any portion of the work improperly done, and where the cost of 28.14completion or reconstruction necessary will be less than $50,000 new text begin the amount in section new text end 28.15 new text begin 471.345, subdivision 3 new text end , the council may do it by the employment of day labor. 28.16    Sec. 15. Minnesota Statutes 2008, section 469.015, is amended to read: 28.17469.015 LETTING OF CONTRACTS; PERFORMANCE BONDS. 28.18    Subdivision 1. Bids; notice. All construction work, and work of demolition or 28.19clearing, and every purchase of equipment, supplies, or materials, necessary in carrying 28.20out the purposes of sections 469.001 to 469.047, that involve expenditure of $50,000 new text begin the new text end 28.21 new text begin amount in section 471.345, subdivision 3, new text end or more shall be awarded by contract. Before 28.22receiving bids the authority shall publish, once a week for two consecutive weeks in an 28.23official newspaper of general circulation in the community a notice that bids will be 28.24received for that construction work, or that purchase of equipment, supplies, or materials. 28.25The notice shall state the nature of the work and the terms and conditions upon which the 28.26contract is to be let, naming a time and place where bids will be received, opened and read 28.27publicly, which time shall be not less than seven days after the date of the last publication. 28.28After the bids have been received, opened and read publicly and recorded, the authority 28.29shall award the contract to the lowest responsible bidder, provided that the authority 28.30reserves the right to reject any or all bids. Each contract shall be executed in writing, and 28.31the person to whom the contract is awarded shall give sufficient bond to the authority for its 28.32faithful performance. If no satisfactory bid is received, the authority may readvertise. The 28.33authority may establish reasonable qualifications to determine the fitness and responsibility 28.34of bidders and to require bidders to meet the qualifications before bids are accepted. 29.1    Subd. 1a. Best value alternative. As an alternative to the procurement method 29.2described in subdivision 1, the authority may issue a request for proposals and award the 29.3contract to the vendor or contractor offering the best value under a request for proposals as 29.4described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). 29.5    Subd. 2. Exception; emergency. If the authority by a vote of four-fifths of its 29.6members shall declare that an emergency exists requiring the immediate purchase of any 29.7equipment or material or supplies at a cost in excess of $50,000 new text begin the amount in section new text end 29.8 new text begin 471.345, subdivision 3, new text end but not exceeding $75,000 new text begin half again as much as the amount in new text end 29.9 new text begin section 471.345, subdivision 3 new text end , or making of emergency repairs, it shall not be necessary 29.10to advertise for bids, but the material, equipment, or supplies may be purchased in the 29.11open market at the lowest price obtainable, or the emergency repairs may be contracted for 29.12or performed without securing formal competitive bids. An emergency, for purposes of 29.13this subdivision, shall be understood to be unforeseen circumstances or conditions which 29.14result in the placing in jeopardy of human life or property. 29.15    Subd. 3. Performance and payment bonds. Performance and payment bonds shall 29.16be required from contractors for any works of construction as provided in and subject 29.17to all the provisions of sections 574.26 to 574.31 except for contracts entered into by 29.18an authority for an expenditure of less than $50,000 new text begin the minimum threshold amount in new text end 29.19 new text begin section 471.345, subdivision 3 new text end . 29.20    Subd. 4. Exceptions. (a) An authority need not require competitive bidding in the 29.21following circumstances: 29.22(1) in the case of a contract for the acquisition of a low-rent housing project: 29.23(i) for which financial assistance is provided by the federal government; 29.24(ii) which does not require any direct loan or grant of money from the municipality 29.25as a condition of the federal financial assistance; and 29.26(iii) for which the contract provides for the construction of the project upon land that 29.27is either owned by the authority for redevelopment purposes or not owned by the authority 29.28at the time of the contract but the contract provides for the conveyance or lease to the 29.29authority of the project or improvements upon completion of construction; 29.30(2) with respect to a structured parking facility: 29.31(i) constructed in conjunction with, and directly above or below, a development; and 29.32(ii) financed with the proceeds of tax increment or parking ramp general obligation 29.33or revenue bonds; 29.34(3) until August 1, 2009, with respect to a facility built for the purpose of facilitating 29.35the operation of public transit or encouraging its use: 29.36(i) constructed in conjunction with, and directly above or below, a development; and 30.1(ii) financed with the proceeds of parking ramp general obligation or revenue bonds 30.2or with at least 60 percent of the construction cost being financed with funding provided 30.3by the federal government; and 30.4(4) in the case of any building in which at least 75 percent of the usable square 30.5footage constitutes a housing development project if: 30.6(i) the project is financed with the proceeds of bonds issued under section 469.034 or 30.7from nongovernmental sources; 30.8(ii) the project is either located on land that is owned or is being acquired by the 30.9authority only for development purposes, or is not owned by the authority at the time the 30.10contract is entered into but the contract provides for conveyance or lease to the authority 30.11of the project or improvements upon completion of construction; and 30.12(iii) the authority finds and determines that elimination of the public bidding 30.13requirements is necessary in order for the housing development project to be economical 30.14and feasible. 30.15(b) An authority need not require a performance bond for the following projects: 30.16(1) a contract described in paragraph (a), clause (1); 30.17(2) a construction change order for a housing project in which 30 percent of the 30.18construction has been completed; 30.19(3) a construction contract for a single-family housing project in which the authority 30.20acts as the general construction contractor; or 30.21(4) a services or materials contract for a housing project. 30.22For purposes of this paragraph, "services or materials contract" does not include 30.23construction contracts. 30.24    Subd. 5. Security in lieu of bond. The authority may accept a certified check or 30.25cashier's check in the same amount as required for a bond in lieu of a performance bond 30.26for contracts entered into by an authority for an expenditure of less than $50,000 new text begin the new text end 30.27 new text begin minimum threshold amount in section 471.345, subdivision 3 new text end . The check must be held by 30.28the authority for 90 days after the contract has been completed. If no suit is brought within 30.29the 90 days, the authority must return the amount of the check to the person making it. If a 30.30suit is brought within the 90-day period, the authority must disburse the amount of the 30.31check pursuant to the order of the court. 30.32    Sec. 16. Minnesota Statutes 2008, section 641.12, subdivision 1, is amended to read: 30.33    Subdivision 1. Fee. A county board may require that each person who is booked for 30.34confinement at a county or regional jail, and not released upon completion of the booking 30.35process, pay a fee of up to $10 to the sheriff's department of the county in which the jail 31.1is located new text begin to cover costs incurred by the county in the booking of that person new text end . The fee 31.2is payable immediately from any money then possessed by the person being booked, or 31.3any money deposited with the sheriff's department on the person's behalf. If the person 31.4has no funds at the time of booking or during the period of any incarceration, the sheriff 31.5shall notify the district court in the county where the charges related to the booking are 31.6pending, and shall request the assessment of the fee. Notwithstanding section 609.10 or 31.7609.125 , upon notification from the sheriff, the district court must order the fee paid to the 31.8sheriff's department as part of any sentence or disposition imposed. If the person is not 31.9charged, is acquitted, or if the charges are dismissed, the sheriff shall return the fee to the 31.10person at the last known address listed in the booking records. 31.11    Sec. 17. new text begin FIRST MEETING AFTER EFFECTIVE DATE OF ACT. new text end 31.12 new text begin The first meeting of the Legislative Commission on Mandate Reform must be held new text end 31.13 new text begin as soon as practicable after all appointments are made. The speaker of the house must new text end 31.14 new text begin designate a commission member to convene the first meeting. The first commission serves new text end 31.15 new text begin until a new commission is appointed at the beginning of the next biennium. new text end 31.16ARTICLE 4 31.17TRUTH IN TAXATION 31.18    Section 1. Minnesota Statutes 2008, section 123B.10, subdivision 1, is amended to read: 31.19    Subdivision 1. Budgets; form of notification. (a) Every board must publish revenue 31.20and expenditure budgets for the current year and the actual revenues, expenditures, fund 31.21balances for the prior year and projected fund balances for the current year in a form 31.22prescribed by the commissioner within one week of the acceptance of the final audit by 31.23the board, or November 30, whichever is earlier. The forms prescribed must be designed 31.24so that year to year comparisons of revenue, expenditures and fund balances can be made. 31.25    (b) A school board annually must notify the public of its revenue, expenditures, fund 31.26balances, and other relevant budget information. The board must include the budget 31.27information required by this section in the materials provided as a part of its truth in 31.28taxation hearing, post the materials in a conspicuous place on the district's official Web 31.29site, including a link to the district's school report card on the Department of Education's 31.30Web site, and publish the information in a qualified newspaper of general circulation 31.31in the district. 31.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2010 and new text end 31.33 new text begin thereafter. new text end 32.1    Sec. 2. Minnesota Statutes 2008, section 275.065, subdivision 1, is amended to read: 32.2    Subdivision 1. Proposed levy. (a) Notwithstanding any law or charter to the 32.3contrary, on or before September 15 new text begin 5 new text end , each taxing authority, other than a school district, 32.4shall adopt a proposed budget and shall certify to the county auditor the proposed or, in 32.5the case of a town, the final property tax levy for taxes payable in the following year. 32.6    (b) On or before September 30 new text begin 20 new text end , each school district that has not mutually agreed 32.7with its home county to extend this date shall certify to the county auditor the proposed 32.8property tax levy for taxes payable in the following year. Each school district that has 32.9agreed with its home county to delay the certification of its proposed property tax levy 32.10must certify its proposed property tax levy for the following year no later than October 7 new text begin new text end 32.11 new text begin September 28 new text end . The school district shall certify the proposed levy as: 32.12    (1) a specific dollar amount by school district fund, broken down between 32.13voter-approved and non-voter-approved levies and between referendum market value 32.14and tax capacity levies; or 32.15    (2) the maximum levy limitation certified by the commissioner of education 32.16according to section 126C.48, subdivision 1. 32.17    (c) If the board of estimate and taxation or any similar board that establishes 32.18maximum tax levies for taxing jurisdictions within a first class city certifies the maximum 32.19property tax levies for funds under its jurisdiction by charter to the county auditor by 32.20September 15 new text begin 1 new text end , the city shall be deemed to have certified its levies for those taxing 32.21jurisdictions. 32.22    (d) For purposes of this section, "taxing authority" includes all home rule and 32.23statutory cities, towns, counties, school districts, and special taxing districts as defined 32.24in section 275.066. Intermediate school districts that levy a tax under chapter 124 or 32.25136D, joint powers boards established under sections 123A.44 to 123A.446, and Common 32.26School Districts No. 323, Franconia, and No. 815, Prinsburg, are also special taxing 32.27districts for purposes of this section. 32.28 new text begin (e) At the meeting where the taxing authority adopts its proposed tax levy under new text end 32.29 new text begin paragraph (a) or (b), the taxing authority shall announce the time and place of its new text end 32.30 new text begin subsequent regularly scheduled meetings at which the budget levy will be discussed and at new text end 32.31 new text begin which the public will be allowed to speak. The time and place of those meetings must new text end 32.32 new text begin be included in the proceedings or summary of the proceedings published in the official new text end 32.33 new text begin newspaper of the taxing authority under section 123B.09, 375.12, or 412.191. new text end 32.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for proposed notices prepared in 2010 new text end 32.35 new text begin and thereafter, for property taxes payable in 2011 and thereafter, except that paragraph new text end 32.36 new text begin (e) is effective for taxes payable in 2010 and thereafter. new text end 33.1    Sec. 3. Minnesota Statutes 2008, section 275.065, subdivision 1a, is amended to read: 33.2    Subd. 1a. Overlapping jurisdictions. In the case of a taxing authority lying in two 33.3or more counties, the home county auditor shall certify the proposed levy and the proposed 33.4local tax rate to the other county auditor by October 5 new text begin September 20 new text end , unless the home 33.5county has agreed to delay the certification of its proposed property tax levy, in which case 33.6the home county auditor shall certify the proposed levy and the proposed local tax rate 33.7to the other county auditor by October 10 new text begin September 25 new text end . The home county auditor must 33.8estimate the levy or rate in preparing the notices required in subdivision 3, if the other 33.9county has not certified the appropriate information. If requested by the home county 33.10auditor, the other county auditor must furnish an estimate to the home county auditor. 33.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for proposed notices prepared in new text end 33.12 new text begin 2010 and thereafter, for property taxes payable in 2011 and thereafter. new text end 33.13    Sec. 4. Minnesota Statutes 2008, section 275.065, subdivision 1c, is amended to read: 33.14    Subd. 1c. Levy; shared, merged, consolidated services. If two or more taxing 33.15authorities are in the process of negotiating an agreement for sharing, merging, or 33.16consolidating services between those taxing authorities at the time the proposed levy is to 33.17be certified under subdivision 1, each taxing authority involved in the negotiation shall 33.18certify its total proposed levy as provided in that subdivision, including a notification to the 33.19county auditor of the specific service involved in the agreement which is not yet finalized. 33.20The affected taxing authorities may amend their proposed levies under subdivision 1 until 33.21October 10 new text begin September 25 new text end for levy amounts relating only to the specific service involved. 33.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for proposed notices prepared in new text end 33.23 new text begin 2010 and thereafter, for property taxes payable in 2011 and thereafter. new text end 33.24    Sec. 5. Minnesota Statutes 2008, section 275.065, subdivision 3, is amended to read: 33.25    Subd. 3. Notice of proposed property taxes. (a) The county auditor shall prepare 33.26and the county treasurer shall deliver after November 10 new text begin October 15 new text end and on or before 33.27November new text begin October new text end 24 each year, by first class mail to each taxpayer at the address listed 33.28on the county's current year's assessment roll, a notice of proposed property taxes. Upon 33.29written request by the taxpayer, the treasurer may send the notice in electronic form or by 33.30electronic mail instead of on paper or by ordinary mail. 33.31    (b) The commissioner of revenue shall prescribe the form of the notice. 33.32    (c) The notice must inform taxpayers that it contains the amount of property taxes 33.33each taxing authority proposes to collect for taxes payable the following year. In the 34.1case of a town, or in the case of the state general tax, the final tax amount will be its 34.2proposed tax. In the case of taxing authorities required to hold a public meeting under 34.3subdivision 6, the notice must clearly state that each taxing authority, including regional 34.4library districts established under section , and including the metropolitan taxing 34.5districts as defined in paragraph (i), but excluding all other special taxing districts and 34.6towns, will hold a public meeting to receive public testimony on the proposed budget and 34.7proposed or final property tax levy, or, in case of a school district, on the current budget 34.8and proposed property tax levy. new text begin The notice must clearly state for each city, county, school new text end 34.9 new text begin district, regional library authority established under section 134.201, and metropolitan new text end 34.10 new text begin taxing districts as defined in paragraph (i), the time and place of the taxing authorities new text end 34.11 new text begin regularly scheduled meetings occurring after October 24 at which the budget and levy will new text end 34.12 new text begin be discussed. The taxing authorities must provide the county auditor with the information new text end 34.13 new text begin to be included in the notice on or before the time it certifies its proposed levy under new text end 34.14 new text begin subdivision 1. The public shall be allowed to speak at that meeting. new text end It must clearly state 34.15the time and place of each taxing authority's meeting, new text begin provide new text end a telephone number for the 34.16taxing authority that taxpayers may call if they have questions related to the notice, and an 34.17address where comments will be received by mail. 34.18    (d) The notice must state for each parcel: 34.19    (1) the market value of the property as determined under section 273.11, and used 34.20for computing property taxes payable in the following year and for taxes payable in the 34.21current year as each appears in the records of the county assessor on November new text begin October new text end 34.221 of the current year; and, in the case of residential property, whether the property is 34.23classified as homestead or nonhomestead. The notice must clearly inform taxpayers of the 34.24years to which the market values apply and that the values are final values; 34.25    (2) the items listed below, shown separately by county, city or town, and state general 34.26tax, net of the residential and agricultural homestead credit under section 273.1384, voter 34.27approved school levy, other local school levy, and the sum of the special taxing districts, 34.28and as a total of all taxing authorities: 34.29    (i) the actual tax for taxes payable in the current year; and 34.30    (ii) the proposed tax amount. 34.31    If the county levy under clause (2) includes an amount for a lake improvement 34.32district as defined under sections 103B.501 to 103B.581, the amount attributable for that 34.33purpose must be separately stated from the remaining county levy amount. 34.34    In the case of a town or the state general tax, the final tax shall also be its proposed 34.35tax unless the town changes its levy at a special town meeting under section 365.52. If a 34.36school district has certified under section 126C.17, subdivision 9, that a referendum will 35.1be held in the school district at the November general election, the county auditor must 35.2note next to the school district's proposed amount that a referendum is pending and that, if 35.3approved by the voters, the tax amount may be higher than shown on the notice. In the 35.4case of the city of Minneapolis, the levy for Minneapolis Park and Recreation shall be 35.5listed separately from the remaining amount of the city's levy. In the case of the city of 35.6St. Paul, the levy for the St. Paul Library Agency must be listed separately from the 35.7remaining amount of the city's levy. In the case of Ramsey County, any amount levied 35.8under section 134.07 may be listed separately from the remaining amount of the county's 35.9levy. In the case of a parcel where tax increment or the fiscal disparities areawide tax 35.10under chapter 276A or 473F applies, the proposed tax levy on the captured value or the 35.11proposed tax levy on the tax capacity subject to the areawide tax must each be stated 35.12separately and not included in the sum of the special taxing districts; and 35.13    (3) the increase or decrease between the total taxes payable in the current year and 35.14the total proposed taxes, expressed as a percentage. 35.15    For purposes of this section, the amount of the tax on homesteads qualifying under 35.16the senior citizens' property tax deferral program under chapter 290B is the total amount 35.17of property tax before subtraction of the deferred property tax amount. 35.18    (e) The notice must clearly state that the proposed or final taxes do not include 35.19the following: 35.20    (1) special assessments; 35.21    (2) levies approved by the voters after the date the proposed taxes are certified, 35.22including bond referenda and school district levy referenda; 35.23    (3) a levy limit increase approved by the voters by the first Tuesday after the first 35.24Monday in November of the levy year as provided under section 275.73; 35.25    (4) amounts necessary to pay cleanup or other costs due to a natural disaster 35.26occurring after the date the proposed taxes are certified; 35.27    (5) amounts necessary to pay tort judgments against the taxing authority that become 35.28final after the date the proposed taxes are certified; and 35.29    (6) the contamination tax imposed on properties which received market value 35.30reductions for contamination. 35.31    (f) Except as provided in subdivision 7, failure of the county auditor to prepare or 35.32the county treasurer to deliver the notice as required in this section does not invalidate the 35.33proposed or final tax levy or the taxes payable pursuant to the tax levy. 35.34    (g) If the notice the taxpayer receives under this section lists the property as 35.35nonhomestead, and satisfactory documentation is provided to the county assessor by the 35.36applicable deadline, and the property qualifies for the homestead classification in that 36.1assessment year, the assessor shall reclassify the property to homestead for taxes payable 36.2in the following year. 36.3    (h) In the case of class 4 residential property used as a residence for lease or rental 36.4periods of 30 days or more, the taxpayer must either: 36.5    (1) mail or deliver a copy of the notice of proposed property taxes to each tenant, 36.6renter, or lessee; or 36.7    (2) post a copy of the notice in a conspicuous place on the premises of the property. 36.8    The notice must be mailed or posted by the taxpayer by November new text begin October new text end 27 or 36.9within three days of receipt of the notice, whichever is later. A taxpayer may notify the 36.10county treasurer of the address of the taxpayer, agent, caretaker, or manager of the premises 36.11to which the notice must be mailed in order to fulfill the requirements of this paragraph. 36.12    (i) For purposes of this subdivision, subdivisions new text begin and subdivision new text end 5a and 6, 36.13"metropolitan special taxing districts" means the following taxing districts in the 36.14seven-county metropolitan area that levy a property tax for any of the specified purposes 36.15listed below: 36.16    (1) Metropolitan Council under section 473.132, 473.167, 473.249, 473.325, 36.17473.446 , 473.521, 473.547, or 473.834; 36.18    (2) Metropolitan Airports Commission under section 473.667, 473.671, or 473.672; 36.19and 36.20    (3) Metropolitan Mosquito Control Commission under section 473.711. 36.21    For purposes of this section, any levies made by the regional rail authorities in the 36.22county of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 36.23398A shall be included with the appropriate county's levy and shall be discussed at that 36.24county's public hearing. 36.25    (j) The governing body of a county, city, or school district may, with the consent 36.26of the county board, include supplemental information with the statement of proposed 36.27property taxes about the impact of state aid increases or decreases on property tax 36.28increases or decreases and on the level of services provided in the affected jurisdiction. 36.29This supplemental information may include information for the following year, the current 36.30year, and for as many consecutive preceding years as deemed appropriate by the governing 36.31body of the county, city, or school district. It may include only information regarding: 36.32    (1) the impact of inflation as measured by the implicit price deflator for state and 36.33local government purchases; 36.34    (2) population growth and decline; 36.35    (3) state or federal government action; and 37.1    (4) other financial factors that affect the level of property taxation and local services 37.2that the governing body of the county, city, or school district may deem appropriate to 37.3include. 37.4    The information may be presented using tables, written narrative, and graphic 37.5representations and may contain instruction toward further sources of information or 37.6opportunity for comment. 37.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2010 and new text end 37.8 new text begin thereafter, except that the changes advancing the dates for preparing and mailing the new text end 37.9 new text begin notices are effective for proposed notices in 2010, for taxes payable in 2011 and thereafter. new text end 37.10    Sec. 6. Minnesota Statutes 2008, section 275.065, subdivision 6, is amended to read: 37.11    Subd. 6. Public hearing; Adoption of budget and levy. (a) For purposes of this 37.12section, the following terms shall have the meanings given: 37.13(1) "Initial hearing" means the first and primary hearing held to discuss the taxing 37.14authority's proposed budget and proposed property tax levy for taxes payable in the 37.15following year, or, for school districts, the current budget and the proposed property tax 37.16levy for taxes payable in the following year. 37.17(2) "Continuation hearing" means a hearing held to complete the initial hearing, if 37.18the initial hearing is not completed on its scheduled date. 37.19(3) "Subsequent hearing" means the hearing held to adopt the taxing authority's final 37.20property tax levy, and, in the case of taxing authorities other than school districts, the final 37.21budget, for taxes payable in the following year. 37.22(b) Between November 29 and December 20, the governing bodies of a city that has a 37.23population over 500, county, metropolitan special taxing districts as defined in subdivision 37.243, paragraph (i), and regional library districts shall each hold an initial public hearing 37.25to discuss and seek public comment on its final budget and property tax levy for taxes 37.26payable in the following year, and the governing body of the school district shall hold an 37.27initial public hearing to review its current budget and proposed property tax levy for taxes 37.28payable in the following year. The metropolitan special taxing districts shall be required to 37.29hold only a single joint initial public hearing, the location of which will be determined by 37.30the affected metropolitan agencies. A city, county, metropolitan special taxing district as 37.31defined in subdivision 3, paragraph (i), regional library district established under section 37.32, or school district is not required to hold a public hearing under this subdivision 37.33unless its proposed property tax levy for taxes payable in the following year, as certified 37.34under subdivision 1, has increased over its final property tax levy for taxes payable in the 37.35current year by a percentage that is greater than the percentage increase in the implicit 38.1price deflator for government consumption expenditures and gross investment for state 38.2and local governments prepared by the Bureau of Economic Analysts of the United States 38.3Department of Commerce for the 12-month period ending March 31 of the current year. 38.4(c) The initial hearing must be held after 5:00 p.m. if scheduled on a day other than 38.5Saturday. No initial hearing may be held on a Sunday. 38.6(d) At the initial hearing under this subdivision, the percentage increase in property 38.7taxes proposed by the taxing authority, if any, and the specific purposes for which property 38.8tax revenues are being increased must be discussed. During the discussion, the governing 38.9body shall hear comments regarding a proposed increase and explain the reasons for the 38.10proposed increase. The public shall be allowed to speak and to ask questions. At the public 38.11hearing, the school district must also provide and discuss information on the distribution 38.12of its revenues by revenue source, and the distribution of its spending by program area. 38.13(e) If the initial hearing is not completed on its scheduled date, the taxing authority 38.14must announce, prior to adjournment of the hearing, the date, time, and place for the 38.15continuation of the hearing. The continuation hearing must be held at least five business 38.16days but no more than 14 business days after the initial hearing. A continuation hearing 38.17may not be held later than December 20 except as provided in paragraphs (f) and (g). 38.18A continuation hearing must be held after 5:00 p.m. if scheduled on a day other than 38.19Saturday. No continuation hearing may be held on a Sunday. 38.20(f) The governing body of a county shall hold its initial hearing on the first Thursday 38.21in December each year, and may hold additional initial hearings on other dates before 38.22December 20 if necessary for the convenience of county residents. If the county needs a 38.23continuation of its hearing, the continuation hearing shall be held on the third Tuesday 38.24in December. If the third Tuesday in December falls on December 21, the county's 38.25continuation hearing shall be held on Monday, December 20. 38.26(g) The metropolitan special taxing districts shall hold a joint initial public hearing 38.27on the first Wednesday of December. A continuation hearing, if necessary, shall be held on 38.28the second Wednesday of December even if that second Wednesday is after December 10. 38.29(h) The county auditor shall provide for the coordination of initial and continuation 38.30hearing dates for all school districts and cities within the county to prevent conflicts under 38.31clauses (i) and (j). 38.32(i) By August 10, each school board and the board of the regional library district 38.33shall certify to the county auditors of the counties in which the school district or regional 38.34library district is located the dates on which it elects to hold its initial hearing and any 38.35continuation hearing. If a school board or regional library district does not certify these 38.36dates by August 10, the auditor will assign the initial and continuation hearing dates. The 39.1dates elected or assigned must not conflict with the initial and continuation hearing dates 39.2of the county or the metropolitan special taxing districts. 39.3(j) By August 20, the county auditor shall notify the clerks of the cities within the 39.4county of the dates on which school districts and regional library districts have elected to 39.5hold their initial and continuation hearings. At the time a city certifies its proposed levy 39.6under subdivision 1 it shall certify the dates on which it elects to hold its initial hearing and 39.7any continuation hearing. Until September 15, the first and second Mondays of December 39.8are reserved for the use of the cities. If a city does not certify its hearing dates by 39.9September 15, the auditor shall assign the initial and continuation hearing dates. The dates 39.10elected or assigned for the initial hearing must not conflict with the initial hearing dates 39.11of the county, metropolitan special taxing districts, regional library districts, or school 39.12districts within which the city is located. To the extent possible, the dates of the city's 39.13continuation hearing should not conflict with the continuation hearing dates of the county, 39.14metropolitan special taxing districts, regional library districts, or school districts within 39.15which the city is located. This paragraph does not apply to cities of 500 population or less. 39.16(k) The county initial hearing date and the city, metropolitan special taxing district, 39.17regional library district, and school district initial hearing dates must be designated on 39.18the notices required under subdivision 3. The continuation hearing dates need not be 39.19stated on the notices. 39.20(l) At a subsequent hearing, each county, school district, city over 500 population, 39.21and metropolitan special taxing district may amend its proposed property tax levy 39.22and must adopt a final property tax levy. Each county, city over 500 population, and 39.23metropolitan special taxing district may also amend its proposed budget and must adopt a 39.24final budget at the subsequent hearing. The final property tax levy must be adopted prior 39.25to adopting the final budget. A school district is not required to adopt its final budget at the 39.26subsequent hearing. The subsequent hearing of a taxing authority must be held on a date 39.27subsequent to the date of the taxing authority's initial public hearing. If a continuation 39.28hearing is held, the subsequent hearing must be held either immediately following the 39.29continuation hearing or on a date subsequent to the continuation hearing. The subsequent 39.30hearing may be held at a regularly scheduled board or council meeting or at a special 39.31meeting scheduled for the purposes of the subsequent hearing. The subsequent hearing 39.32of a taxing authority does not have to be coordinated by the county auditor to prevent a 39.33conflict with an initial hearing, a continuation hearing, or a subsequent hearing of any 39.34other taxing authority. All subsequent hearings must be held prior to five working days 39.35after December 20 of the levy year. The date, time, and place of the subsequent hearing 39.36must be announced at the initial public hearing or at the continuation hearing. 40.1(m) new text begin (a) new text end The property tax levy certified under section 275.07 by a city of any 40.2population, county, metropolitan special taxing district, regional library district, or school 40.3district must not exceed the proposed levy determined under subdivision 1, except by an 40.4amount up to the sum of the following amounts: 40.5(1) the amount of a school district levy whose voters approved a referendum to 40.6increase taxes under section 123B.63, subdivision 3, or 126C.17, subdivision 9, after 40.7the proposed levy was certified; 40.8(2) the amount of a city or county levy approved by the voters after the proposed 40.9levy was certified; 40.10(3) the amount of a levy to pay principal and interest on bonds approved by the 40.11voters under section 475.58 after the proposed levy was certified; 40.12(4) the amount of a levy to pay costs due to a natural disaster occurring after the 40.13proposed levy was certified, if that amount is approved by the commissioner of revenue 40.14under subdivision 6a; 40.15(5) the amount of a levy to pay tort judgments against a taxing authority that become 40.16final after the proposed levy was certified, if the amount is approved by the commissioner 40.17of revenue under subdivision 6a; 40.18(6) the amount of an increase in levy limits certified to the taxing authority by the 40.19commissioner of education or the commissioner of revenue after the proposed levy was 40.20certified; and 40.21(7) the amount required under section 126C.55 new text begin ; and new text end 40.22 new text begin (8) the amount of unallotment under section 16A.152 that was recertified under new text end 40.23 new text begin section 275.07, subdivision 6 new text end . 40.24(n) new text begin (b) new text end This subdivision does not apply to towns and special taxing districts other 40.25than regional library districts and metropolitan special taxing districts. 40.26(o) new text begin (c) new text end Notwithstanding the requirements of this section, the employer is required to 40.27meet and negotiate over employee compensation as provided for in chapter 179A. 40.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2010 and new text end 40.29 new text begin thereafter. new text end 40.30    Sec. 7. Minnesota Statutes 2008, section 275.07, subdivision 1, is amended to read: 40.31    Subdivision 1. Certification of levy. (a) Except as provided under paragraph (b), 40.32the taxes voted by cities, counties, school districts, and special districts shall be certified 40.33by the proper authorities to the county auditor on or before five working days after 40.34December 20 new text begin 10 new text end in each year. A town must certify the levy adopted by the town board to 40.35the county auditor by September 15 new text begin 5 new text end each year. If the town board modifies the levy at 41.1a special town meeting after September 15 new text begin 5 new text end , the town board must recertify its levy to 41.2the county auditor on or before five working days after December 20 new text begin 10 new text end . If a city, town, 41.3county, school district, or special district fails to certify its levy by that date, its levy shall 41.4be the amount levied by it for the preceding year. 41.5(b)(i) The taxes voted by counties under sections 103B.241, 103B.245, and 41.6103B.251 shall be separately certified by the county to the county auditor on or before 41.7five working days after December 20 new text begin 10 new text end in each year. The taxes certified shall not be 41.8reduced by the county auditor by the aid received under section 273.1398, subdivision 41.93 . If a county fails to certify its levy by that date, its levy shall be the amount levied by 41.10it for the preceding year. 41.11(ii) For purposes of the proposed property tax notice under section 275.065 and 41.12the property tax statement under section 276.04, for the first year in which the county 41.13implements the provisions of this paragraph, the county auditor shall reduce the county's 41.14levy for the preceding year to reflect any amount levied for water management purposes 41.15under clause (i) included in the county's levy. 41.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for property taxes payable in 2011 new text end 41.17 new text begin and thereafter. new text end 41.18    Sec. 8. Minnesota Statutes 2008, section 275.07, subdivision 4, is amended to read: 41.19    Subd. 4. Report to commissioner. (a) On or before October 8 new text begin September 20 new text end of 41.20each year, the county auditor shall report to the commissioner of revenue the proposed 41.21levy certified by local units of government under section 275.065, subdivision 1. If 41.22any taxing authorities have notified the county auditor that they are in the process of 41.23negotiating an agreement for sharing, merging, or consolidating services but that when 41.24the proposed levy was certified under section 275.065, subdivision 1c, the agreement was 41.25not yet finalized, the county auditor shall supply that information to the commissioner 41.26when filing the report under this section and shall recertify the affected levies as soon as 41.27practical after October 10 new text begin September 25 new text end . 41.28(b) On or before January 15 new text begin 5 new text end of each year, the county auditor shall report to the 41.29commissioner of revenue the final levy certified by local units of government under 41.30subdivision 1. 41.31(c) The levies must be reported in the manner prescribed by the commissioner. 41.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for property taxes payable in 2011 new text end 41.33 new text begin and thereafter. new text end 42.1    Sec. 9. Minnesota Statutes 2008, section 375.194, subdivision 5, is amended to read: 42.2    Subd. 5. Determination of county tax rate. The eligible county's proposed and 42.3final tax rates shall be determined by dividing the certified levy by the total taxable net tax 42.4capacity, without regard to any abatements granted under this section. The county board 42.5shall make available the estimated amount of the abatement at the public hearing under 42.6section 275.065, subdivision 6. 42.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2010 and new text end 42.8 new text begin thereafter. new text end 42.9    Sec. 10. Minnesota Statutes 2008, section 383A.75, subdivision 3, is amended to read: 42.10    Subd. 3. Duties. The committee is authorized to and shall meet from time to time 42.11to make appropriate recommendations for the efficient and effective use of property tax 42.12dollars raised by the jurisdictions for programs, buildings, and operations. In addition, 42.13the committee shall: 42.14(1) identify trends and factors likely to be driving budget outcomes over the next 42.15five years with recommendations for how the jurisdictions should manage those trends 42.16and factors to increase efficiency and effectiveness; 42.17(2) agree, by October 1 of each year, on the appropriate level of overall property tax 42.18levy for the three jurisdictions and publicly report such to the governing bodies of each 42.19jurisdiction for ratification or modification by resolution; new text begin and new text end 42.20(3) plan for the joint truth-in-taxation hearings under section 275.065, subdivision 42.218 ; and 42.22(4) new text begin (3) new text end identify, by December 31 of each year, areas of the budget to be targeted in 42.23the coming year for joint review to improve services or achieve efficiencies. 42.24In carrying out its duties, the committee shall consult with public employees of 42.25each jurisdiction and with other stakeholders of the city, county, and school district, as 42.26appropriate. 42.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2010 and new text end 42.28 new text begin thereafter. new text end 42.29    Sec. 11. Minnesota Statutes 2008, section 446A.086, subdivision 8, is amended to read: 42.30    Subd. 8. Tax levy for repayment. (a) With the approval of the authority, a 42.31governmental unit may levy in the year the state makes a payment under this section an 42.32amount up to the amount necessary to provide funds for the repayment of the amount paid 42.33by the state plus interest through the date of estimated repayment by the governmental 43.1unit. The proceeds of this levy may be used only for this purpose unless they exceed the 43.2amount actually due. Any excess must be used to repay other state payments made under 43.3this section or must be deposited in the debt redemption fund of the governmental unit. 43.4The amount of aids to be reduced to repay the state are decreased by the amount levied. 43.5    (b) If the state is not repaid in full for a payment made under this section by 43.6November 30 of the calendar year following the year in which the state makes the 43.7payment, the authority shall require the governmental unit to certify a property tax levy in 43.8an amount up to the amount necessary to provide funds for repayment of the amount paid 43.9by the state plus interest through the date of estimated repayment by the governmental unit. 43.10To prevent undue hardship, the authority may allow the governmental unit to certify the 43.11levy over a five-year period. The proceeds of the levy may be used only for this purpose 43.12unless they are in excess of the amount actually due, in which case the excess must be used 43.13to repay other state payments made under this section or must be deposited in the debt 43.14redemption fund of the governmental unit. If the authority orders the governmental unit to 43.15levy, the amount of aids reduced to repay the state are decreased by the amount levied. 43.16    (c) A levy under this subdivision is an increase in the levy limits of the governmental 43.17unit for purposes of section 275.065, subdivision 6, and must be explained as a specific 43.18increase at the meeting required under that provision. 43.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2010 and new text end 43.20 new text begin thereafter. new text end 43.21    Sec. 12. Minnesota Statutes 2008, section 465.719, subdivision 9, is amended to read: 43.22    Subd. 9. Application of other laws. A corporation created by a political subdivision 43.23under this section must comply with every law that applies to the political subdivision, 43.24as if the corporation is a part of the political subdivision, unless the resolution ratifying 43.25creation of the corporation specifically exempts the corporation from part or all of a law. 43.26If the resolution exempts the corporation from part or all of a law, the resolution must 43.27make a detailed and specific finding as to why the corporation cannot fulfill its purpose if 43.28the corporation is subject to that law. A corporation may not be exempted from chapter 43.2913D, the Minnesota Open Meeting Law, sections 138.163 to 138.25, governing records 43.30management, or chapter 13, the Minnesota Government Data Practices Act. Any affected 43.31or interested person may bring an action in district court to void the resolution on the 43.32grounds that the findings are not sufficiently detailed and specific, or that the corporation 43.33can fulfill its purpose if it is subject to the law from which the resolution exempts the 43.34corporation. Laws that apply to a political subdivision that also apply to a corporation 43.35created by a political subdivision under this subdivision include, but are not limited to: 44.1(1) chapter 13D, the Minnesota Open Meeting Law; 44.2(2) chapter 13, the Minnesota Government Data Practices Act; 44.3(3) section 471.345, the Uniform Municipal Contracting Law; 44.4(4) sections 43A.17, limiting the compensation of employees based on the governor's 44.5salary; 471.991 to 471.999, providing for equitable pay; and 465.72 and 465.722, 44.6governing severance pay; 44.7(5) section , providing for truth-in-taxation hearings. If any tax revenues of 44.8the political subdivision will be appropriated to the corporation, the corporation's annual 44.9operating and capital budgets must be included in the truth-in-taxation hearing of the 44.10political subdivision that created the corporation; 44.11(6) new text begin (5) new text end if the corporation issues debt, its debt is included in the political subdivision's 44.12debt limit if it would be included if issued by the political subdivision, and issuance of the 44.13debt is subject to the election and other requirements of chapter 475 and section 471.69; 44.14(7) new text begin (6) new text end section 471.895, prohibiting acceptance of gifts from interested parties, and 44.15sections 471.87 to 471.89, relating to interests in contracts; 44.16(8) new text begin (7) new text end chapter 466, relating to municipal tort liability; 44.17(9) new text begin (8) new text end chapter 118A, requiring deposit insurance or bond or pledged collateral for 44.18deposits; 44.19(10) new text begin (9) new text end chapter 118A, restricting investments; 44.20(11) new text begin (10) new text end section 471.346, requiring ownership of vehicles to be identified; 44.21(12) new text begin (11) new text end sections 471.38 to 471.41, requiring claims to be in writing, itemized, and 44.22approved by the governing board before payment can be made; and 44.23(13) new text begin (12) new text end the corporation cannot make advances of pay, make or guarantee loans to 44.24employees, or provide in-kind benefits unless authorized by law. 44.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2010 and new text end 44.26 new text begin thereafter. new text end 44.27    Sec. 13. Minnesota Statutes 2008, section 473.13, subdivision 1, is amended to read: 44.28    Subdivision 1. Budget. (a) On or before December 20 new text begin 10 new text end of each year new text begin , new text end the council, 44.29after the public hearing required in section , shall adopt a final budget covering its 44.30anticipated receipts and disbursements for the ensuing year and shall decide upon the total 44.31amount necessary to be raised from ad valorem tax levies to meet its budget. The budget 44.32shall state in detail the expenditures for each program to be undertaken, including the 44.33expenses for salaries, consultant services, overhead, travel, printing, and other items. The 44.34budget shall state in detail the capital expenditures of the council for the budget year, based 44.35on a five-year capital program adopted by the council and transmitted to the legislature. 45.1After adoption of the budget and no later than five working days after December 20, the 45.2council shall certify to the auditor of each metropolitan county the share of the tax to be 45.3levied within that county, which must be an amount bearing the same proportion to the 45.4total levy agreed on by the council as the net tax capacity of the county bears to the net tax 45.5capacity of the metropolitan area. The maximum amount of any levy made for the purpose 45.6of this chapter may not exceed the limits set by the statute authorizing the levy. 45.7(b) Each even-numbered year the council shall prepare for its transit programs a 45.8financial plan for the succeeding three calendar years, in half-year segments. The financial 45.9plan must contain schedules of user charges and any changes in user charges planned or 45.10anticipated by the council during the period of the plan. The financial plan must contain a 45.11proposed request for state financial assistance for the succeeding biennium. 45.12(c) In addition, the budget must show for each year: 45.13(1) the estimated operating revenues from all sources including funds on hand at the 45.14beginning of the year, and estimated expenditures for costs of operation, administration, 45.15maintenance, and debt service; 45.16(2) capital improvement funds estimated to be on hand at the beginning of the year 45.17and estimated to be received during the year from all sources and estimated cost of capital 45.18improvements to be paid out or expended during the year, all in such detail and form as 45.19the council may prescribe; and 45.20(3) the estimated source and use of pass-through funds. 45.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2010 and new text end 45.22 new text begin thereafter, except that the date change in certifying the budget is effective for taxes new text end 45.23 new text begin payable in 2011 and thereafter. new text end 45.24    Sec. 14. new text begin REPEALER. new text end 45.25 new text begin Minnesota Statutes 2008, section 275.065, subdivisions 5a, 6b, 6c, 8, 9, and 10, new text end new text begin are new text end 45.26 new text begin repealed. new text end 45.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2010 and new text end 45.28 new text begin thereafter. new text end 45.29ARTICLE 5 45.30PROPERTY TAX 45.31    Section 1. Minnesota Statutes 2008, section 272.02, subdivision 7, is amended to read: 45.32    Subd. 7. Institutions of public charity. new text begin (a) new text end Institutions of purely public charity new text begin that new text end 45.33 new text begin are exempt from federal income taxation under section 501(c)(3) of the Internal Revenue new text end 46.1 new text begin Code new text end are exempt. new text begin if they meet the requirements of this subdivision. In determining new text end 46.2 new text begin whether real property is exempt under this subdivision, the following factors must be new text end 46.3 new text begin considered: new text end 46.4 new text begin (1) whether the stated purpose of the undertaking is to be helpful to others without new text end 46.5 new text begin immediate expectation of material reward; new text end 46.6 new text begin (2) whether the institution of public charity is supported by material donations, gifts, new text end 46.7 new text begin or government grants for services to the public in whole or in part; new text end 46.8 new text begin (3) whether a material number of the recipients of the charity receive benefits or new text end 46.9 new text begin services at reduced or no cost, or whether the organization provides services to the public new text end 46.10 new text begin that alleviate burdens or responsibilities that would otherwise be borne by the government; new text end 46.11 new text begin (4) whether the income received, including material gifts and donations, produces a new text end 46.12 new text begin profit to the charitable institution that is distributed to private interests; new text end 46.13 new text begin (5) whether the beneficiaries of the charity are restricted or unrestricted, and, if new text end 46.14 new text begin restricted, whether the class of persons to whom the charity is made available is one new text end 46.15 new text begin having a reasonable relationship to the charitable objectives; and new text end 46.16 new text begin (6) whether dividends, in form or substance, or assets upon dissolution, are available new text end 46.17 new text begin to private interests. new text end 46.18 new text begin A charitable organization must satisfy the factors in clauses (1) to (6) for its property new text end 46.19 new text begin to be exempt under this subdivision, unless there is a reasonable justification for missing new text end 46.20 new text begin the factors in clause (2), (3), or (5). If there is reasonable justification for failing to meet new text end 46.21 new text begin the factors in clause (2), (3), or (5), an organization is a purely public charity under this new text end 46.22 new text begin subdivision without meeting those factors. After an exemption is properly granted under new text end 46.23 new text begin this subdivision, it remains in effect unless there is a material change in facts. new text end 46.24 new text begin (b) For purposes of this subdivision, a grant is a written instrument or electronic new text end 46.25 new text begin document defining a legal relationship between a granting agency and a grantee when new text end 46.26 new text begin the principal purpose of the relationship is to transfer cash or something of value to the new text end 46.27 new text begin grantee to support a public purpose authorized by law in a general manner instead of new text end 46.28 new text begin acquiring by professional or technical contract, purchase, lease, or barter property or new text end 46.29 new text begin services for the direct benefit or use of the granting agency. new text end 46.30 new text begin (c) new text end In determining whether rental housing property qualifies for exemption under 46.31this subdivision, the following are not gifts or donations to the owner of the rental housing: 46.32(1) rent assistance provided by the government to or on behalf of tenants; and 46.33(2) financing assistance or tax credits provided by the government to the owner on 46.34condition that specific units or a specific quantity of units be set aside for persons or 46.35families with certain income characteristics. 47.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2010 and new text end 47.2 new text begin thereafter. new text end 47.3    Sec. 2. new text begin PURPOSE; COMMISSIONER OF REVENUE GUIDANCE. new text end 47.4 new text begin The purpose of Minnesota Statutes, section 272.02, subdivision 7, is not to contract new text end 47.5 new text begin or expand the definition of "institutions of purely public charity" but to provide clear new text end 47.6 new text begin standards that can be applied uniformly to determine eligibility for exemption from new text end 47.7 new text begin property taxation. To carry out this purpose and to promote uniformity in application of new text end 47.8 new text begin the provisions of Minnesota Statutes, section 272.02, subdivision 7, the commissioner of new text end 47.9 new text begin revenue shall prepare a bulletin providing guidance to assessors as to the commissioner's new text end 47.10 new text begin interpretation of Minnesota Statutes, section 272.02, subdivision 7. The bulletin may new text end 47.11 new text begin include a discussion of court decisions that provide background to and context for new text end 47.12 new text begin Minnesota Statutes, section 272.02, subdivision 7, as the commissioner deems appropriate. new text end 47.13 new text begin This guidance must include examples of facts or circumstances that satisfy the requirement new text end 47.14 new text begin of "a reasonable justification for failing to meet clause (2), (3), or (5)" under Minnesota new text end 47.15 new text begin Statutes, section 272.02, subdivision 7. Assessors shall give due consideration to the new text end 47.16 new text begin bulletin in assessing property requesting an exemption as an institution of purely public new text end 47.17 new text begin charity. The commissioner shall distribute the bulletin to all assessors by July 1, 2010. new text end 47.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 47.19    Sec. 3. Minnesota Statutes 2008, section 272.02, is amended by adding a subdivision 47.20to read: 47.21     new text begin Subd. 90. new text end new text begin Nursing homes. new text end new text begin A nursing home licensed under section 144A.02 or a new text end 47.22 new text begin boarding care home certified as a nursing facility under title 19 of the Social Security new text end 47.23 new text begin Act that is exempt from federal income taxation pursuant to section 501(c)(3) of the new text end 47.24 new text begin Internal Revenue Code is exempt from property taxation if the nursing home or boarding new text end 47.25 new text begin care home either: new text end 47.26 new text begin (1) is certified to participate in the medical assistance program under title 19 of new text end 47.27 new text begin the Social Security Act; or new text end 47.28 new text begin (2) certifies to the commissioner of revenue that it does not discharge residents new text end 47.29 new text begin due to the inability to pay. new text end 47.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2010 and new text end 47.31 new text begin thereafter. new text end 47.32    Sec. 4. Minnesota Statutes 2008, section 273.1231, subdivision 1, is amended to read: 48.1    Subdivision 1. Applicability. For purposes of sections 273.1231 to new text begin new text end 48.2 new text begin 273.1236 new text end , the following words, terms, and phrases have the meanings given them in this 48.3section unless the language or context clearly indicates that a different meaning is intended. 48.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for assessment year 2009 and new text end 48.5 new text begin thereafter. new text end 48.6    Sec. 5. Minnesota Statutes 2008, section 273.1232, subdivision 1, is amended to read: 48.7    Subdivision 1. Reassessments required. For the purposes of sections 273.1231 to 48.8273.1235 new text begin 273.1236 new text end , the county assessor must reassess all damaged property in a disaster 48.9or emergency area, except that the commissioner of revenue shall reassess all property 48.10for which an application is submitted to the commissioner under section 273.1233 or 48.11273.1235 . As soon as practical, the assessor or commissioner of revenue must report 48.12the reassessed value to the county auditor. 48.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for assessment year 2009 and new text end 48.14 new text begin thereafter. new text end 48.15    Sec. 6. new text begin [273.1236] DISASTER-DAMAGED HOMES; PARTIAL VALUATION new text end 48.16 new text begin EXCLUSION. new text end 48.17 new text begin (a) A homestead property that (1) sustained physical damage from a disaster or new text end 48.18 new text begin emergency resulting in a reassessed market value that is at least $15,000 less than the new text end 48.19 new text begin market value of the property established for the January 2 assessment in the year in which new text end 48.20 new text begin the damage occurred, (2) has been restored or rebuilt by the end of the year following the new text end 48.21 new text begin year in which the damage occurred, (3) has a gross living area after reconstruction that new text end 48.22 new text begin does not exceed 150 percent of the gross living area prior to the disaster or emergency, and new text end 48.23 new text begin (4) has an estimated market value for the assessment year following the year in which new text end 48.24 new text begin the restoration or reconstruction was completed that exceeds its estimated market value new text end 48.25 new text begin established for the January 2 assessment in the year in which the damage occurred by at new text end 48.26 new text begin least $25,000 due to the restoration or reconstruction, is eligible for a valuation exclusion new text end 48.27 new text begin under this section for the three assessment years immediately following the year in which new text end 48.28 new text begin the restoration or reconstruction was completed. new text end 48.29 new text begin (b) The assessor shall determine the difference between the estimated market value new text end 48.30 new text begin established for the January 2 assessment in the year in which the damage occurred and the new text end 48.31 new text begin estimated market value established for the January 2 assessment in the year following the new text end 48.32 new text begin completion of the restoration or reconstruction. new text end 49.1 new text begin (c) In the first assessment year following the restoration or reconstruction, all of new text end 49.2 new text begin the difference identified under paragraph (b) shall be excluded in determining taxable new text end 49.3 new text begin market value. In the second assessment year following the restoration or reconstruction, new text end 49.4 new text begin three-quarters of the difference identified under paragraph (b) shall be excluded in new text end 49.5 new text begin determining taxable market value. In the third assessment year following the restoration new text end 49.6 new text begin or reconstruction, one-half of the difference identified under paragraph (b) shall be new text end 49.7 new text begin excluded in determining taxable market value. In the fourth assessment year following new text end 49.8 new text begin the restoration or reconstruction, one-quarter of the difference identified under paragraph new text end 49.9 new text begin (b) shall be excluded in determining taxable market value. new text end 49.10 new text begin (d) For the purposes of this section, "gross living area" includes only above-grade new text end 49.11 new text begin living area, and does not include any finished basement living area. new text end 49.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for assessment year 2009 and new text end 49.13 new text begin thereafter. new text end 49.14    Sec. 7. Minnesota Statutes 2008, section 273.124, subdivision 1, is amended to read: 49.15    Subdivision 1. General rule. (a) Residential real estate that is occupied and used 49.16for the purposes of a homestead by its owner, who must be a Minnesota resident, is 49.17a residential homestead. 49.18    Agricultural land, as defined in section 273.13, subdivision 23, that is occupied and 49.19used as a homestead by its owner, who must be a Minnesota resident, is an agricultural 49.20homestead. 49.21    Dates for establishment of a homestead and homestead treatment provided to 49.22particular types of property are as provided in this section. 49.23    Property held by a trustee under a trust is eligible for homestead classification if the 49.24requirements under this chapter are satisfied. 49.25    The assessor shall require proof, as provided in subdivision 13, of the facts upon 49.26which classification as a homestead may be determined. Notwithstanding any other law, 49.27the assessor may at any time require a homestead application to be filed in order to verify 49.28that any property classified as a homestead continues to be eligible for homestead status. 49.29Notwithstanding any other law to the contrary, the Department of Revenue may, upon 49.30request from an assessor, verify whether an individual who is requesting or receiving 49.31homestead classification has filed a Minnesota income tax return as a resident for the most 49.32recent taxable year for which the information is available. 49.33    When there is a name change or a transfer of homestead property, the assessor may 49.34reclassify the property in the next assessment unless a homestead application is filed to 49.35verify that the property continues to qualify for homestead classification. 50.1    (b) For purposes of this section, homestead property shall include property which 50.2is used for purposes of the homestead but is separated from the homestead by a road, 50.3street, lot, waterway, or other similar intervening property. The term "used for purposes 50.4of the homestead" shall include but not be limited to uses for gardens, garages, or other 50.5outbuildings commonly associated with a homestead, but shall not include vacant land 50.6held primarily for future development. In order to receive homestead treatment for 50.7the noncontiguous property, the owner must use the property for the purposes of the 50.8homestead, and must apply to the assessor, both by the deadlines given in subdivision 50.99. After initial qualification for the homestead treatment, additional applications for 50.10subsequent years are not required. 50.11    (c) Residential real estate that is occupied and used for purposes of a homestead by a 50.12relative of the owner is a homestead but only to the extent of the homestead treatment 50.13that would be provided if the related owner occupied the property. For purposes of this 50.14paragraph and paragraph (g), "relative" means a parent, stepparent, child, stepchild, 50.15grandparent, grandchild, brother, sister, uncle, aunt, nephew, or niece. This relationship 50.16may be by blood or marriage. Property that has been classified as seasonal residential 50.17recreational property at any time during which it has been owned by the current owner or 50.18spouse of the current owner will not be reclassified as a homestead unless it is occupied as 50.19a homestead by the owner; this prohibition also applies to property that, in the absence of 50.20this paragraph, would have been classified as seasonal residential recreational property at 50.21the time when the residence was constructed. Neither the related occupant nor the owner 50.22of the property may claim a property tax refund under chapter 290A for a homestead 50.23occupied by a relative. In the case of a residence located on agricultural land, only the 50.24house, garage, and immediately surrounding one acre of land shall be classified as a 50.25homestead under this paragraph, except as provided in paragraph (d). new text begin In the case of new text end 50.26 new text begin nonagricultural property, this paragraph only applies to applications approved before new text end 50.27 new text begin December 16, 2009. new text end 50.28    (d) Agricultural property that is occupied and used for purposes of a homestead by 50.29a relative of the owner, is a homestead, only to the extent of the homestead treatment 50.30that would be provided if the related owner occupied the property, and only if all of the 50.31following criteria are met: 50.32    (1) the relative who is occupying the agricultural property is a son, daughter, brother, 50.33sister, grandson, granddaughter, father, or mother of the owner of the agricultural property 50.34or a son, daughter, brother, sister, grandson, or granddaughter of the spouse of the owner 50.35of the agricultural property; 50.36    (2) the owner of the agricultural property must be a Minnesota resident; 51.1    (3) the owner of the agricultural property must not receive homestead treatment on 51.2any other agricultural property in Minnesota; and 51.3    (4) the owner of the agricultural property is limited to only one agricultural 51.4homestead per family under this paragraph. 51.5    Neither the related occupant nor the owner of the property may claim a property 51.6tax refund under chapter 290A for a homestead occupied by a relative qualifying under 51.7this paragraph. For purposes of this paragraph, "agricultural property" means the house, 51.8garage, other farm buildings and structures, and agricultural land. 51.9    Application must be made to the assessor by the owner of the agricultural property to 51.10receive homestead benefits under this paragraph. The assessor may require the necessary 51.11proof that the requirements under this paragraph have been met. 51.12    (e) In the case of property owned by a property owner who is married, the assessor 51.13must not deny homestead treatment in whole or in part if only one of the spouses occupies 51.14the property and the other spouse is absent due to: (1) marriage dissolution proceedings, 51.15(2) legal separation, (3) employment or self-employment in another location, or (4) other 51.16personal circumstances causing the spouses to live separately, not including an intent to 51.17obtain two homestead classifications for property tax purposes. To qualify under clause 51.18(3), the spouse's place of employment or self-employment must be at least 50 miles distant 51.19from the other spouse's place of employment, and the homesteads must be at least 50 miles 51.20distant from each other. Homestead treatment, in whole or in part, shall not be denied to 51.21the owner's spouse who previously occupied the residence with the owner if the absence 51.22of the owner is due to one of the exceptions provided in this paragraph. 51.23    (f) The assessor must not deny homestead treatment in whole or in part if: 51.24    (1) in the case of a property owner who is not married, the owner is absent due to 51.25residence in a nursing home, boarding care facility, or an elderly assisted living facility 51.26property as defined in section 273.13, subdivision 25a, and the property is not otherwise 51.27occupied; or 51.28    (2) in the case of a property owner who is married, the owner or the owner's spouse 51.29or both are absent due to residence in a nursing home, boarding care facility, or an elderly 51.30assisted living facility property as defined in section 273.13, subdivision 25a, and the 51.31property is not occupied or is occupied only by the owner's spouse. 51.32    (g) If an individual is purchasing property with the intent of claiming it as a 51.33homestead and is required by the terms of the financing agreement to have a relative 51.34shown on the deed as a co-owner, the assessor shall allow a full homestead classification. 51.35This provision only applies to first-time purchasers, whether married or single, or to a 51.36person who had previously been married and is purchasing as a single individual for the 52.1first time. The application for homestead benefits must be on a form prescribed by the 52.2commissioner and must contain the data necessary for the assessor to determine if full 52.3homestead benefits are warranted. 52.4    (h) If residential or agricultural real estate is occupied and used for purposes of a 52.5homestead by a child of a deceased owner and the property is subject to jurisdiction of 52.6probate court, the child shall receive relative homestead classification under paragraph (c) 52.7or (d) to the same extent they would be entitled to it if the owner was still living, until 52.8the probate is completed. For purposes of this paragraph, "child" includes a relationship 52.9by blood or by marriage. 52.10    (i) If a single-family home, duplex, or triplex classified as either residential 52.11homestead or agricultural homestead is also used to provide licensed child care, the 52.12portion of the property used for licensed child care must be classified as a part of the 52.13homestead property. 52.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 52.15    Sec. 8. Minnesota Statutes 2008, section 273.13, subdivision 25, is amended to read: 52.16    Subd. 25. Class 4. (a) Class 4a is residential real estate containing four or more 52.17units and used or held for use by the owner or by the tenants or lessees of the owner 52.18as a residence for rental periods of 30 days or more, excluding property qualifying for 52.19class 4d. Class 4a also includes hospitals licensed under sections 144.50 to 144.56, other 52.20than hospitals exempt under section 272.02, and contiguous property used for hospital 52.21purposes, without regard to whether the property has been platted or subdivided. The 52.22market value of class 4a property has a class rate of 1.25 percent. 52.23    (b) Class 4b includes: 52.24    (1) residential real estate containing less than four units that does not qualify as class 52.254bb, other than seasonal residential recreational property; 52.26    (2) manufactured homes not classified under any other provision; 52.27    (3) a dwelling, garage, and surrounding one acre of property on a nonhomestead 52.28farm classified under subdivision 23, paragraph (b) containing two or three units; and 52.29    (4) unimproved property that is classified residential as determined under subdivision 52.3033. 52.31    The market value of class 4b property has a class rate of 1.25 percent. 52.32    (c) Class 4bb includes: 52.33    (1) nonhomestead residential real estate containing one unit, other than seasonal 52.34residential recreational property; and 53.1    (2) a single family dwelling, garage, and surrounding one acre of property on a 53.2nonhomestead farm classified under subdivision 23, paragraph (b). 53.3    Class 4bb property has the same class rates as class 1a property under subdivision 22. 53.4    Property that has been classified as seasonal residential recreational property at 53.5any time during which it has been owned by the current owner or spouse of the current 53.6owner does not qualify for class 4bb. 53.7    (d) Class 4c property includes: 53.8    (1) except as provided in subdivision 22, paragraph (c), or subdivision 23, paragraph 53.9(b), clause (1), real and personal property devoted to temporary and seasonal residential 53.10occupancy for recreation purposes, including real and personal property devoted to 53.11temporary and seasonal residential occupancy for recreation purposes and not devoted to 53.12commercial purposes for more than 250 days in the year preceding the year of assessment. 53.13For purposes of this clause, property is devoted to a commercial purpose on a specific 53.14day if any portion of the property is used for residential occupancy, and a fee is charged 53.15for residential occupancy. Class 4c property must contain three or more rental units. A 53.16"rental unit" is defined as a cabin, condominium, townhouse, sleeping room, or individual 53.17camping site equipped with water and electrical hookups for recreational vehicles. 53.18 new text begin Except for property described in item (iii), new text end class 4c property must provide recreational 53.19activities such as renting ice fishing houses, boats and motors, snowmobiles, downhill or 53.20cross-country ski equipment; provide marina services, launch services, or guide services; 53.21or sell bait and fishing tackle. A camping pad offered for rent by a property that otherwise 53.22qualifies for class 4c is also class 4c regardless of the term of the rental agreement, as 53.23long as the use of the camping pad does not exceed 250 days. In order for a property to 53.24be classified as class 4c, seasonal residential recreational for commercial purposes under 53.25this clause, at least 40 percent of the annual gross lodging receipts related to the property 53.26must be from business conducted during 90 consecutive days and either (i) at least 60 53.27percent of all paid bookings by lodging guests during the year must be for periods of at 53.28least two consecutive nights; or (ii) at least 20 percent of the annual gross receipts must 53.29be from charges for rental of fish houses, boats and motors, snowmobiles, downhill or 53.30cross-country ski equipment, or charges for marina services, launch services, and guide 53.31services, or the sale of bait and fishing tackle new text begin ; or (iii) the property contains 20 rental units new text end 53.32 new text begin or less, is devoted to temporary residential occupancy, is located in a township or a city new text end 53.33 new text begin that has a population of 2,500 or less, and is located outside the metropolitan area as new text end 53.34 new text begin defined under section 473.121, subdivision 2 new text end . For purposes of this determination, a paid 53.35booking of five or more nights shall be counted as two bookings. Class 4c also includes 53.36commercial use real property used exclusively for recreational purposes in conjunction 54.1with class 4c property devoted to temporary and seasonal residential occupancy for 54.2recreational purposes, up to a total of two acres, provided the property is not devoted 54.3to commercial recreational use for more than 250 days in the year preceding the year 54.4of assessment and is located within two miles of the class 4c property with which it is 54.5used. Owners of real and personal property devoted to temporary and seasonal residential 54.6occupancy for recreation purposes and all or a portion of which was devoted to commercial 54.7purposes for not more than 250 days in the year preceding the year of assessment desiring 54.8classification as class 4c, must submit a declaration to the assessor designating the cabins 54.9or units occupied for 250 days or less in the year preceding the year of assessment by 54.10January 15 of the assessment year. Those cabins or units and a proportionate share of the 54.11land on which they are located must be designated class 4c as otherwise provided. The 54.12remainder of the cabins or units and a proportionate share of the land on which they are 54.13located will be designated as class 3a. The owner of property desiring designation as class 54.144c property must provide guest registers or other records demonstrating that the units for 54.15which class 4c designation is sought were not occupied for more than 250 days in the 54.16year preceding the assessment if so requested. The portion of a property operated as a 54.17(1) restaurant, (2) bar, (3) gift shop, (4) conference center or meeting room, and (5) other 54.18nonresidential facility operated on a commercial basis not directly related to temporary 54.19and seasonal residential occupancy for recreation purposes does not qualify for class 4c; 54.20    (2) qualified property used as a golf course if: 54.21    (i) it is open to the public on a daily fee basis. It may charge membership fees or 54.22dues, but a membership fee may not be required in order to use the property for golfing, 54.23and its green fees for golfing must be comparable to green fees typically charged by 54.24municipal courses; and 54.25    (ii) it meets the requirements of section 273.112, subdivision 3, paragraph (d). 54.26    A structure used as a clubhouse, restaurant, or place of refreshment in conjunction 54.27with the golf course is classified as class 3a property; 54.28    (3) real property up to a maximum of three acres of land owned and used by a 54.29nonprofit community service oriented organization and that is not used for residential 54.30purposes on either a temporary or permanent basis, qualifies for class 4c provided that 54.31it meets either of the following: 54.32    (i) the property is not used for a revenue-producing activity for more than six days 54.33in the calendar year preceding the year of assessment; or 54.34    (ii) the organization makes annual charitable contributions and donations at least 54.35equal to the property's previous year's property taxes and the property is allowed to be 55.1used for public and community meetings or events for no charge, as appropriate to the 55.2size of the facility. 55.3    For purposes of this clause, 55.4    (A) "charitable contributions and donations" has the same meaning as lawful 55.5gambling purposes under section 349.12, subdivision 25, excluding those purposes 55.6relating to the payment of taxes, assessments, fees, auditing costs, and utility payments; 55.7    (B) "property taxes" excludes the state general tax; 55.8    (C) a "nonprofit community service oriented organization" means any corporation, 55.9society, association, foundation, or institution organized and operated exclusively for 55.10charitable, religious, fraternal, civic, or educational purposes, and which is exempt 55.11from federal income taxation pursuant to section 501(c)(3), (10), or (19) of the Internal 55.12Revenue Code; and 55.13    (D) "revenue-producing activities" shall include but not be limited to property or that 55.14portion of the property that is used as an on-sale intoxicating liquor or 3.2 percent malt 55.15liquor establishment licensed under chapter 340A, a restaurant open to the public, bowling 55.16alley, a retail store, gambling conducted by organizations licensed under chapter 349, an 55.17insurance business, or office or other space leased or rented to a lessee who conducts a 55.18for-profit enterprise on the premises. 55.19Any portion of the property qualifying under item (i) which is used for revenue-producing 55.20activities for more than six days in the calendar year preceding the year of assessment 55.21shall be assessed as class 3a. The use of the property for social events open exclusively 55.22to members and their guests for periods of less than 24 hours, when an admission is 55.23not charged nor any revenues are received by the organization shall not be considered a 55.24revenue-producing activity. 55.25    The organization shall maintain records of its charitable contributions and donations 55.26and of public meetings and events held on the property and make them available upon 55.27request any time to the assessor to ensure eligibility. An organization meeting the 55.28requirement under item (ii) must file an application by May 1 with the assessor for 55.29eligibility for the current year's assessment. The commissioner shall prescribe a uniform 55.30application form and instructions; 55.31    (4) postsecondary student housing of not more than one acre of land that is owned by 55.32a nonprofit corporation organized under chapter 317A and is used exclusively by a student 55.33cooperative, sorority, or fraternity for on-campus housing or housing located within two 55.34miles of the border of a college campus; 55.35    (5) manufactured home parks as defined in section 327.14, subdivision 3; 56.1    (6) real property that is actively and exclusively devoted to indoor fitness, health, 56.2social, recreational, and related uses, is owned and operated by a not-for-profit corporation, 56.3and is located within the metropolitan area as defined in section 473.121, subdivision 2; 56.4    (7) a leased or privately owned noncommercial aircraft storage hangar not exempt 56.5under section 272.01, subdivision 2, and the land on which it is located, provided that: 56.6    (i) the land is on an airport owned or operated by a city, town, county, Metropolitan 56.7Airports Commission, or group thereof; and 56.8    (ii) the land lease, or any ordinance or signed agreement restricting the use of the 56.9leased premise, prohibits commercial activity performed at the hangar. 56.10    If a hangar classified under this clause is sold after June 30, 2000, a bill of sale must 56.11be filed by the new owner with the assessor of the county where the property is located 56.12within 60 days of the sale; 56.13    (8) a privately owned noncommercial aircraft storage hangar not exempt under 56.14section 272.01, subdivision 2, and the land on which it is located, provided that: 56.15    (i) the land abuts a public airport; and 56.16    (ii) the owner of the aircraft storage hangar provides the assessor with a signed 56.17agreement restricting the use of the premises, prohibiting commercial use or activity 56.18performed at the hangar; and 56.19    (9) residential real estate, a portion of which is used by the owner for homestead 56.20purposes, and that is also a place of lodging, if all of the following criteria are met: 56.21    (i) rooms are provided for rent to transient guests that generally stay for periods 56.22of 14 or fewer days; 56.23    (ii) meals are provided to persons who rent rooms, the cost of which is incorporated 56.24in the basic room rate; 56.25    (iii) meals are not provided to the general public except for special events on fewer 56.26than seven days in the calendar year preceding the year of the assessment; and 56.27    (iv) the owner is the operator of the property. 56.28The market value subject to the 4c classification under this clause is limited to five rental 56.29units. Any rental units on the property in excess of five, must be valued and assessed as 56.30class 3a. The portion of the property used for purposes of a homestead by the owner must 56.31be classified as class 1a property under subdivision 22; and 56.32    (10) real property up to a maximum of three acres and operated as a restaurant 56.33as defined under section 157.15, subdivision 12, provided it: (A) is located on a lake 56.34as defined under section 103G.005, subdivision 15, paragraph (a), clause (3); and (B) 56.35is either devoted to commercial purposes for not more than 250 consecutive days, or 56.36receives at least 60 percent of its annual gross receipts from business conducted during 57.1four consecutive months. Gross receipts from the sale of alcoholic beverages must be 57.2included in determining the property's qualification under subitem (B). The property's 57.3primary business must be as a restaurant and not as a bar. Gross receipts from gift shop 57.4sales located on the premises must be excluded. Owners of real property desiring 4c 57.5classification under this clause must submit an annual declaration to the assessor by 57.6February 1 of the current assessment year, based on the property's relevant information for 57.7the preceding assessment year. 57.8    Class 4c property has a class rate of 1.5 percent of market value, except that (i) each 57.9parcel of seasonal residential recreational property not used for commercial purposes has 57.10the same class rates as class 4bb property, (ii) manufactured home parks assessed under 57.11clause (5) have the same class rate as class 4b property, (iii) commercial-use seasonal 57.12residential recreational property has a class rate of one percent for the first $500,000 of 57.13market value, and 1.25 percent for the remaining market value, (iv) the market value of 57.14property described in clause (4) has a class rate of one percent, (v) the market value of 57.15property described in clauses (2), (6), and (10) has a class rate of 1.25 percent, and (vi) 57.16that portion of the market value of property in clause (9) qualifying for class 4c property 57.17has a class rate of 1.25 percent. 57.18    (e) Class 4d property is qualifying low-income rental housing certified to the assessor 57.19by the Housing Finance Agency under section 273.128, subdivision 3. If only a portion 57.20of the units in the building qualify as low-income rental housing units as certified under 57.21section 273.128, subdivision 3, only the proportion of qualifying units to the total number 57.22of units in the building qualify for class 4d. The remaining portion of the building shall be 57.23classified by the assessor based upon its use. Class 4d also includes the same proportion of 57.24land as the qualifying low-income rental housing units are to the total units in the building. 57.25For all properties qualifying as class 4d, the market value determined by the assessor must 57.26be based on the normal approach to value using normal unrestricted rents. 57.27    Class 4d property has a class rate of 0.75 percent. 57.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for assessment year 2009, taxes new text end 57.29 new text begin payable in 2010, and thereafter. For assessment year 2009 only, the January 15 application new text end 57.30 new text begin date under paragraph (d), clause (1), shall be extended to July 1, 2009, for property new text end 57.31 new text begin initially qualifying for the 2009 assessment under paragraph (d), clause (1), item (iii). new text end 57.32    Sec. 9. Minnesota Statutes 2008, section 273.13, subdivision 34, is amended to read: 57.33    Subd. 34. Homestead of disabled veteran. (a) All or a portion of the market value 57.34of property owned by a veteran or by the veteran and the veteran's spouse qualifying 57.35for homestead classification under subdivision 22 or 23 is excluded in determining the 58.1property's taxable market value if it serves as the homestead of a military veteran, as 58.2defined in section 197.447, who has a service-connected disability of 70 percent or more. 58.3To qualify for exclusion under this subdivision, the veteran must have been honorably 58.4discharged from the United States armed forces, as indicated by United States Government 58.5Form DD214 or other official military discharge papers, and must be certified by the 58.6United States Veterans Administration as having a service-connected disability. 58.7    (b)(1) For a disability rating of 70 percent or more, $150,000 of market value is 58.8excluded, except as provided in clause (2); and 58.9    (2) for a total (100 percent) and permanent disability, $300,000 of market value is 58.10excluded. 58.11    (c) If a disabled veteran qualifying for a valuation exclusion under paragraph (b), 58.12clause (2), predeceases the veteran's spouse, and if upon the death of the veteran the 58.13spouse holds the legal or beneficial title to the homestead and permanently resides there, 58.14the exclusion shall carry over to the benefit of the veteran's spouse for one new text begin five new text end additional 58.15assessment year or new text begin years or new text end until such time as the spouse sells, transfers, or otherwise 58.16disposes of the property new text begin or remarries new text end , whichever comes first. 58.17    (d) In the case of an agricultural homestead, only the portion of the property 58.18consisting of the house and garage and immediately surrounding one acre of land qualifies 58.19for the valuation exclusion under this subdivision. 58.20    (e) A property qualifying for a valuation exclusion under this subdivision is not 58.21eligible for the credit under section 273.1384, subdivision 1, or classification under 58.22subdivision 22, paragraph (b). 58.23    (f) To qualify for a valuation exclusion under this subdivision a property owner must 58.24apply to the assessor by July 1 of each assessment year, except that an annual reapplication 58.25is not required once a property has been accepted for a valuation exclusion under paragraph 58.26(b), clause (2), and the property continues to qualify until there is a change in ownership. 58.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2010 and new text end 58.28 new text begin thereafter. new text end 58.29    Sec. 10. Minnesota Statutes 2008, section 276.04, subdivision 2, is amended to read: 58.30    Subd. 2. Contents of tax statements. (a) The treasurer shall provide for the 58.31printing of the tax statements. The commissioner of revenue shall prescribe the form of 58.32the property tax statement and its contents. new text begin The tax statement must not state or imply new text end 58.33 new text begin that property tax credits are paid by the state of Minnesota. new text end The statement must contain 58.34a tabulated statement of the dollar amount due to each taxing authority and the amount 58.35of the state tax from the parcel of real property for which a particular tax statement is 59.1prepared. The dollar amounts attributable to the county, the state tax, the voter approved 59.2school tax, the other local school tax, the township or municipality, and the total of 59.3the metropolitan special taxing districts as defined in section 275.065, subdivision 3, 59.4paragraph (i), must be separately stated. The amounts due all other special taxing districts, 59.5if any, may be aggregated except that any levies made by the regional rail authorities in the 59.6county of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 59.7398A shall be listed on a separate line directly under the appropriate county's levy. If the 59.8county levy under this paragraph includes an amount for a lake improvement district as 59.9defined under sections 103B.501 to 103B.581, the amount attributable for that purpose 59.10must be separately stated from the remaining county levy amount. In the case of Ramsey 59.11County, if the county levy under this paragraph includes an amount for public library 59.12service under section 134.07, the amount attributable for that purpose may be separated 59.13from the remaining county levy amount. The amount of the tax on homesteads qualifying 59.14under the senior citizens' property tax deferral program under chapter 290B is the total 59.15amount of property tax before subtraction of the deferred property tax amount. The 59.16amount of the tax on contamination value imposed under sections 270.91 to 270.98, if any, 59.17must also be separately stated. The dollar amounts, including the dollar amount of any 59.18special assessments, may be rounded to the nearest even whole dollar. For purposes of this 59.19section whole odd-numbered dollars may be adjusted to the next higher even-numbered 59.20dollar. The amount of market value excluded under section 273.11, subdivision 16, if any, 59.21must also be listed on the tax statement. 59.22    (b) The property tax statements for manufactured homes and sectional structures 59.23taxed as personal property shall contain the same information that is required on the 59.24tax statements for real property. 59.25    (c) Real and personal property tax statements must contain the following information 59.26in the order given in this paragraph. The information must contain the current year tax 59.27information in the right column with the corresponding information for the previous year 59.28in a column on the left: 59.29    (1) the property's estimated market value under section 273.11, subdivision 1; 59.30    (2) the property's taxable market value after reductions under section 273.11, 59.31subdivisions 1a and 16 ; 59.32    (3) the property's gross tax, before credits; 59.33    (4) for homestead residential and agricultural properties, the credits under section 59.34273.1384 ; 59.35    (5) any credits received under sections 273.119; 273.1234 or 273.1235; 273.135; 59.36273.1391 ; 273.1398, subdivision 4; 469.171; and 473H.10, except that the amount of 60.1credit received under section 273.135 must be separately stated and identified as "taconite 60.2tax relief"; and 60.3    (6) the net tax payable in the manner required in paragraph (a). 60.4    (d) If the county uses envelopes for mailing property tax statements and if the county 60.5agrees, a taxing district may include a notice with the property tax statement notifying 60.6taxpayers when the taxing district will begin its budget deliberations for the current 60.7year, and encouraging taxpayers to attend the hearings. If the county allows notices to 60.8be included in the envelope containing the property tax statement, and if more than 60.9one taxing district relative to a given property decides to include a notice with the tax 60.10statement, the county treasurer or auditor must coordinate the process and may combine 60.11the information on a single announcement. 60.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2011 and new text end 60.13 new text begin thereafter. new text end 60.14    Sec. 11. Minnesota Statutes 2008, section 282.08, is amended to read: 60.15282.08 APPORTIONMENT OF PROCEEDS TO TAXING DISTRICTS. 60.16    The net proceeds from the sale or rental of any parcel of forfeited land, or from the 60.17sale of products from the forfeited land, must be apportioned by the county auditor to the 60.18taxing districts interested in the land, as follows: 60.19    (1) the portion required to pay any amounts included in the appraised value 60.20under section 282.01, subdivision 3, as representing increased value due to any public 60.21improvement made after forfeiture of the parcel to the state, but not exceeding the 60.22amount certified by the appropriate governmental authority must be apportioned to the 60.23governmental subdivision entitled to it; 60.24    (2) the portion required to pay any amount included in the appraised value under 60.25section 282.019, subdivision 5, representing increased value due to response actions 60.26taken after forfeiture of the parcel to the state, but not exceeding the amount of expenses 60.27certified by the Pollution Control Agency or the commissioner of agriculture, must be 60.28apportioned to the agency or the commissioner of agriculture and deposited in the fund 60.29from which the expenses were paid; 60.30    (3) the portion of the remainder required to discharge any special assessment 60.31chargeable against the parcel for drainage or other purpose whether due or deferred at the 60.32time of forfeiture, must be apportioned to the governmental subdivision entitled to it; and 60.33    (4) any balance must be apportioned as follows: 61.1    (i) new text begin (A) Except as provided in subitem (B), new text end the county board may annually by 61.2resolution set aside no more than 30 percent of the receipts remaining to be used for forest 61.3development on tax-forfeited land and dedicated memorial forests, to be expended under 61.4the supervision of the county board. It must be expended only on projects improving the 61.5health and management of the forest resource. 61.6 new text begin (B) The county board is authorized to use some of the money set aside under subitem new text end 61.7 new text begin (A) to replace all or a portion of the amount of aid or credit reimbursement that the county new text end 61.8 new text begin was to receive under sections 273.1384 and 477A.0124, but did not receive due to aid cuts new text end 61.9 new text begin or unallotment from the state. Within six months of the actual aid or credit reimbursement new text end 61.10 new text begin loss, the county board may adopt a resolution transferring money from this fund to the new text end 61.11 new text begin county's general fund, not to exceed the amount of aid or credit reimbursement loss to the new text end 61.12 new text begin county. This subitem expires January 1, 2012. new text end 61.13    (ii) The county board may annually by resolution set aside no more than 20 percent 61.14of the receipts remaining to be used for the acquisition and maintenance of county parks 61.15or recreational areas as defined in sections 398.31 to 398.36, to be expended under the 61.16supervision of the county board. 61.17    (iii) Any balance remaining must be apportioned as follows: county, 40 percent; 61.18town or city, 20 percent; and school district, 40 percent, provided, however, that in 61.19unorganized territory that portion which would have accrued to the township must be 61.20administered by the county board of commissioners. 61.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 61.22    Sec. 12. Minnesota Statutes 2008, section 290B.03, subdivision 1, is amended to read: 61.23    Subdivision 1. Program qualifications. The qualifications for the senior citizens' 61.24property tax deferral program are as follows: 61.25(1) the property must be owned and occupied as a homestead by a person 65 years 61.26of age or older. In the case of a married couple, both new text begin at least one new text end of the spouses must 61.27be at least 65 years old at the time the first property tax deferral is granted, regardless 61.28of whether the property is titled in the name of one spouse or both spouses, or titled in 61.29another way that permits the property to have homestead status new text begin , and the other spouse new text end 61.30 new text begin must be at least 62 years of age new text end ; 61.31(2) the total household income of the qualifying homeowners, as defined in section 61.32290A.03, subdivision 5 , for the calendar year preceding the year of the initial application 61.33may not exceed $60,000 new text begin $75,000 new text end ; 62.1(3) the homestead must have been owned and occupied as the homestead of at 62.2least one of the qualifying homeowners for at least 15 new text begin ten new text end years prior to the year the 62.3initial application is filed; 62.4(4) there are no state or federal tax liens or judgment liens on the homesteaded 62.5property; 62.6(5) there are no mortgages or other liens on the property that secure future advances, 62.7except for those subject to credit limits that result in compliance with clause (6); and 62.8(6) the total unpaid balances of debts secured by mortgages and other liens on the 62.9property, including unpaid and delinquent special assessments and interest and any 62.10delinquent property taxes, penalties, and interest, but not including property taxes payable 62.11during the year, does not exceed 75 percent of the assessor's estimated market value for 62.12the year. 62.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and thereafter. new text end 62.14    Sec. 13. Minnesota Statutes 2008, section 290B.04, subdivision 3, is amended to read: 62.15    Subd. 3. Excess-income certification by taxpayer. A taxpayer whose initial 62.16application has been approved under subdivision 2 shall notify the commissioner of 62.17revenue in writing by July 1 if the taxpayer's household income for the preceding calendar 62.18year exceeded $60,000 new text begin $75,000 new text end . The certification must state the homeowner's total 62.19household income for the previous calendar year. No property taxes may be deferred 62.20under this chapter in any year following the year in which a program participant filed 62.21or should have filed an excess-income certification under this subdivision, unless the 62.22participant has filed a resumption of eligibility certification as described in subdivision 4. 62.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and thereafter. new text end 62.24    Sec. 14. Minnesota Statutes 2008, section 290B.04, subdivision 4, is amended to read: 62.25    Subd. 4. Resumption of eligibility certification by taxpayer. A taxpayer who has 62.26previously filed an excess-income certification under subdivision 3 may resume program 62.27participation if the taxpayer's household income for a subsequent year is $60,000 new text begin $75,000 new text end 62.28or less. If the taxpayer chooses to resume program participation, the taxpayer must notify 62.29the commissioner of revenue in writing by July 1 of the year following a calendar year in 62.30which the taxpayer's household income is $60,000 new text begin $75,000 new text end or less. The certification must 62.31state the taxpayer's total household income for the previous calendar year. Once a taxpayer 62.32resumes participation in the program under this subdivision, participation will continue 63.1until the taxpayer files a subsequent excess-income certification under subdivision 3 or 63.2until participation is terminated under section 290B.08, subdivision 1. 63.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and thereafter. new text end 63.4    Sec. 15. Minnesota Statutes 2008, section 290B.05, subdivision 1, is amended to read: 63.5    Subdivision 1. Determination by commissioner. The commissioner shall 63.6determine each qualifying homeowner's "annual maximum property tax amount" 63.7following approval of the homeowner's initial application and following the receipt of a 63.8resumption of eligibility certification. The "annual maximum property tax amount" equals 63.9three percent of the homeowner's total household income for the year preceding either the 63.10initial application or the resumption of eligibility certification, whichever is applicable. 63.11Following approval of the initial application, the commissioner shall determine the 63.12qualifying homeowner's "maximum allowable deferral." No tax may be deferred relative 63.13to the appropriate assessment year for any homeowner whose total household income 63.14for the previous year exceeds $60,000 new text begin $75,000 new text end . No tax shall be deferred in any year in 63.15which the homeowner does not meet the program qualifications in section 290B.03. The 63.16maximum allowable total deferral is equal to 75 percent of the assessor's estimated market 63.17value for the year, less the balance of any mortgage loans and other amounts secured by 63.18liens against the property at the time of application, including any unpaid and delinquent 63.19special assessments and interest and any delinquent property taxes, penalties, and interest, 63.20but not including property taxes payable during the year. 63.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and thereafter. new text end 63.22    Sec. 16. Minnesota Statutes 2008, section 290B.07, is amended to read: 63.23290B.07 LIEN; DEFERRED PORTION. 63.24(a) Payment by the state to the county treasurer of property taxes, penalties, interest, 63.25or special assessments and interest deferred under this chapter is deemed a loan from the 63.26state to the program participant. The commissioner must compute the interest as provided 63.27in section 270C.40, subdivision 5, but not to exceed five new text begin three new text end percent, and maintain 63.28records of the total deferred amount and interest for each participant. Interest shall accrue 63.29beginning September 1 of the payable year for which the taxes are deferred. Any deferral 63.30made under this chapter shall not be construed as delinquent property taxes. 63.31The lien created under section 272.31 continues to secure payment by the taxpayer, 63.32or by the taxpayer's successors or assigns, of the amount deferred, including interest, with 63.33respect to all years for which amounts are deferred. The lien for deferred taxes and interest 64.1has the same priority as any other lien under section 272.31, except that liens, including 64.2mortgages, recorded or filed prior to the recording or filing of the notice under section 64.3290B.04, subdivision 2 , have priority over the lien for deferred taxes and interest. A 64.4seller's interest in a contract for deed, in which a qualifying homeowner is the purchaser 64.5or an assignee of the purchaser, has priority over deferred taxes and interest on deferred 64.6taxes, regardless of whether the contract for deed is recorded or filed. The lien for deferred 64.7taxes and interest for future years has the same priority as the lien for deferred taxes and 64.8interest for the first year, which is always higher in priority than any mortgages or other 64.9liens filed, recorded, or created after the notice recorded or filed under section 290B.04, 64.10subdivision 2 . The county treasurer or auditor shall maintain records of the deferred 64.11portion and shall list the amount of deferred taxes for the year and the cumulative deferral 64.12and interest for all previous years as a lien against the property. In any certification of 64.13unpaid taxes for a tax parcel, the county auditor shall clearly distinguish between taxes 64.14payable in the current year, deferred taxes and interest, and delinquent taxes. Payment 64.15of the deferred portion becomes due and owing at the time specified in section 290B.08. 64.16Upon receipt of the payment, the commissioner shall issue a receipt for it to the person 64.17making the payment upon request and shall notify the auditor of the county in which the 64.18parcel is located, within ten days, identifying the parcel to which the payment applies. 64.19Upon receipt by the commissioner of revenue of collected funds in the amount of the 64.20deferral, the state's loan to the program participant is deemed paid in full. 64.21(b) If property for which taxes have been deferred under this chapter forfeits 64.22under chapter 281 for nonpayment of a nondeferred property tax amount, or because 64.23of nonpayment of amounts previously deferred following a termination under section 64.24290B.08 , the lien for the taxes deferred under this chapter, plus interest and costs, shall be 64.25canceled by the county auditor as provided in section 282.07. However, notwithstanding 64.26any other law to the contrary, any proceeds from a subsequent sale of the property under 64.27chapter 282 or another law, must be used to first reimburse the county's forfeited tax sale 64.28fund for any direct costs of selling the property or any costs directly related to preparing 64.29the property for sale, and then to reimburse the state for the amount of the canceled 64.30lien. Within 90 days of the receipt of any sale proceeds to which the state is entitled 64.31under these provisions, the county auditor must pay those funds to the commissioner of 64.32revenue by warrant for deposit in the general fund. No other deposit, use, distribution, 64.33or release of gross sale proceeds or receipts may be made by the county until payments 64.34sufficient to fully reimburse the state for the canceled lien amount have been transmitted 64.35to the commissioner. 64.36 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and thereafter. new text end 65.1    Sec. 17. Minnesota Statutes 2008, section 290C.07, is amended to read: 65.2290C.07 CALCULATION OF INCENTIVE PAYMENT. 65.3    An approved claimant under the sustainable forest incentive program is eligible to 65.4receive an annual payment. The payment shall equal the greater of: 65.5    (1) the difference between the property tax that would be paid on the land using the 65.6previous year's statewide average total township tax rate and the class rate for class 2b 65.7timberland under section 273.13, subdivision 23, paragraph (b), if the land were valued 65.8at (i) the average statewide timberland market value per acre calculated under section 65.9290C.06 , and (ii) the average statewide timberland current use value per acre calculated 65.10under section 290C.02, subdivision 5; or 65.11    (2) two-thirds of the property tax amount determined by using the previous year's 65.12statewide average total township tax rate, the estimated market value per acre as calculated 65.13in section 290C.06, and the class rate for 2b timberland under section 273.13, subdivision 65.1423 , paragraph (b), provided that the payment shall be no less new text begin greater new text end than $7 new text begin $6 new text end per acre 65.15for each acre enrolled in the sustainable forest incentive program new text begin and the maximum annual new text end 65.16 new text begin payment per claimant shall be $400,000 new text end . 65.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for payments made in 2010 and new text end 65.18 new text begin thereafter. new text end 65.19    Sec. 18. Minnesota Statutes 2008, section 428A.21, is amended to read: 65.20428A.21 DEADLINE FOR HOUSING IMPROVEMENT DISTRICTS UNDER 65.21GENERAL LAW. 65.22The establishment of a new housing improvement area after June 30, 2009 new text begin 2012 new text end , 65.23requires enactment of a special law authorizing the establishment of the area. 65.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 65.25    Sec. 19. Laws 2001, First Special Session chapter 5, article 3, section 8, the effective 65.26date, as amended by Laws 2005, chapter 151, article 3, section 19, and Laws 2006, chapter 65.27259, article 4, section 20, is amended to read: 65.28    EFFECTIVE DATE. This section is effective for taxes levied in 2002, payable in 65.292003, through taxes levied in 2011 new text begin 2014 new text end , payable in 2012 new text begin 2015 new text end . 65.30    Sec. 20. Laws 2008, chapter 366, article 6, section 9, the effective date, is amended to 65.31read: 66.1EFFECTIVE DATE.This section is effective for taxes payable in 2010 and 66.2thereafter new text begin , on land platted after May 18, 2008 new text end . 66.3    Sec. 21. Laws 2008, chapter 366, article 6, section 10, the effective date, is amended to 66.4read: 66.5EFFECTIVE DATE.This section is effective for taxes payable in 2010 and 66.6thereafter new text begin , on land platted after May 18, 2008 new text end . 66.7    Sec. 22. new text begin FISCAL DISPARITIES STUDY. new text end 66.8     new text begin Subdivision 1. new text end new text begin Study required. new text end new text begin The commissioner of revenue must conduct a study new text end 66.9 new text begin of the metropolitan revenue distribution program contained in Minnesota Statutes, chapter new text end 66.10 new text begin 473F, commonly known as the fiscal disparities program. On or before February 1, 2010, new text end 66.11 new text begin the commissioner shall make a report to the chairs of the house of representatives and new text end 66.12 new text begin senate tax committees consisting of the findings of the study and any recommendations new text end 66.13 new text begin resulting from the study. new text end 66.14 new text begin The study shall consider to what extent the program is meeting the following goals, new text end 66.15 new text begin and what changes could be made to the program in the furtherance of meeting those goals: new text end 66.16 new text begin (1) reducing the extent to which the property tax encourages development patterns new text end 66.17 new text begin that do not make cost-effective use of public infrastructure or impose other high public new text end 66.18 new text begin costs; new text end 66.19 new text begin (2) ensuring that the benefits of economic growth of the region are shared throughout new text end 66.20 new text begin the region, especially for growth that results from state or regional decisions; new text end 66.21 new text begin (3) improving the ability of each jurisdiction within the region to deliver services at new text end 66.22 new text begin a level commensurate with its tax effort; new text end 66.23 new text begin (4) compensating jurisdictions containing properties that provide regional benefits new text end 66.24 new text begin for the costs those properties impose on their host jurisdictions in excess of their tax new text end 66.25 new text begin payments; new text end 66.26 new text begin (5) promoting a fair distribution of property tax burdens across jurisdictions of new text end 66.27 new text begin the region; and new text end 66.28 new text begin (6) reducing the economic losses that result from competition among communities new text end 66.29 new text begin for commercial-industrial tax base. new text end 66.30     new text begin Subd. 2. new text end new text begin Appropriation. new text end new text begin $50,000 is appropriated to the commissioner of revenue new text end 66.31 new text begin from the general fund in fiscal year 2010 to conduct the study required under subdivision 1. new text end 66.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009. new text end 67.1ARTICLE 6 67.2AIDS AND CREDITS 67.3    Section 1. Minnesota Statutes 2008, section 273.1384, subdivision 1, is amended to 67.4read: 67.5    Subdivision 1. Residential homestead market value credit. Each county auditor 67.6shall determine a homestead credit for each class 1a, 1b, and 2a homestead property 67.7within the county equal to 0.4 percent of the first $76,000 new text begin $75,000 new text end of market value of 67.8the property minus .09 new text begin 0.1 new text end percent of the market value in excess of $76,000 new text begin $75,000 new text end . 67.9The credit amount may not be less than zero. In the case of an agricultural or resort 67.10homestead, only the market value of the house, garage, and immediately surrounding one 67.11acre of land is eligible in determining the property's homestead credit. In the case of a 67.12property that is classified as part homestead and part nonhomestead, (i) the credit shall 67.13apply only to the homestead portion of the property, but (ii) if a portion of a property is 67.14classified as nonhomestead solely because not all the owners occupy the property, not all 67.15the owners have qualifying relatives occupying the property, or solely because not all the 67.16spouses of owners occupy the property, the credit amount shall be initially computed as 67.17if that nonhomestead portion were also in the homestead class and then prorated to the 67.18owner-occupant's percentage of ownership. For the purpose of this section, when an 67.19owner-occupant's spouse does not occupy the property, the percentage of ownership for 67.20the owner-occupant spouse is one-half of the couple's ownership percentage. 67.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2010 and new text end 67.22 new text begin thereafter. new text end 67.23    Sec. 2. Minnesota Statutes 2008, section 273.1384, subdivision 4, is amended to read: 67.24    Subd. 4. Payment. (a) The commissioner of revenue shall reimburse each local 67.25taxing jurisdiction, other than school districts, for the tax reductions granted under this 67.26section in two equal installments on October 31 and December 26 of the taxes payable 67.27year for which the reductions are granted, including in each payment the prior year 67.28adjustments certified on the abstracts for that taxes payable year. The reimbursements 67.29related to tax increments shall be issued in one installment each year on December 26. 67.30(b) The commissioner of revenue shall certify the total of the tax reductions 67.31granted under this section for each taxes payable year within each school district to the 67.32commissioner of the Department of Education and the commissioner of education shall 67.33pay the reimbursement amounts to each school district as provided in section 273.1392. 68.1 new text begin (c) The market value credit reimbursements payable in 2011 and 2012 for each city new text end 68.2 new text begin under this section are reduced by the dollar amount of the 2010 reduction in market value new text end 68.3 new text begin credit reimbursements under section 477A.013, subdivision 11. The payable market value new text end 68.4 new text begin credit reimbursement for a city is not reduced less than zero under this paragraph. new text end 68.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for credits payable in calendar year new text end 68.6 new text begin 2011 and thereafter. new text end 68.7    Sec. 3. Minnesota Statutes 2008, section 275.08, subdivision 1d, is amended to read: 68.8    Subd. 1d. Additional adjustment. If, after computing each local government's 68.9adjusted local tax rate within a unique taxing jurisdiction pursuant to subdivision 1c, the 68.10auditor finds that the total adjusted local tax rate of all local governments combined is less 68.11than 90 percent of gross tax capacity for taxes payable in 1989 and 90 new text begin 113 new text end percent of net 68.12tax capacity for taxes payable in 1990 and thereafter, the auditor shall increase each local 68.13government's adjusted local tax rate proportionately so the total adjusted local tax rate of 68.14all local governments combined equals 90 new text begin 113 new text end percent. The total amount of the increase in 68.15tax resulting from the increased local tax rates must not exceed the amount of disparity 68.16aid allocated to the unique taxing district under section 273.1398. The auditor shall 68.17certify to the Department of Revenue the difference between the disparity aid originally 68.18allocated under section 273.1398, subdivision 3, and the amount necessary to reduce 68.19the total adjusted local tax rate of all local governments combined to 90 percent. Each 68.20local government's disparity reduction aid payment under section 273.1398, subdivision 68.216 , must be reduced accordingly. 68.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2010 and new text end 68.23 new text begin thereafter. new text end 68.24    Sec. 4. Minnesota Statutes 2008, section 290A.04, subdivision 2, is amended to read: 68.25    Subd. 2. Homeowners. A claimant whose property taxes payable are in excess 68.26of the percentage of the household income stated below shall pay an amount equal to 68.27the percent of income shown for the appropriate household income level along with the 68.28percent to be paid by the claimant of the remaining amount of property taxes payable. 68.29The state refund equals the amount of property taxes payable that remain, up to the state 68.30refund amount shown below. 68.31 68.32 Household Income Percent of Income Percent Paid by Claimant Maximum State Refund 68.33 $0 to 1,189 1.0 percent 15 percent $ 1,850 new text begin 2,040 new text end 69.1 1,190 to 2,379 1.1 percent 15 percent $ 1,850 new text begin 2,040 new text end 69.2 2,380 to 3,589 1.2 percent 15 percent $ 1,800 new text begin 1,980 new text end 69.3 3,590 to 4,789 1.3 percent 20 percent $ 1,800 new text begin 1,980 new text end 69.4 4,790 to 5,979 1.4 percent 20 percent $ 1,730 new text begin 1,900 new text end 69.5 5,980 to 8,369 1.5 percent 20 percent $ 1,730 new text begin 1,900 new text end 69.6 8,370 to 9,559 1.6 percent 25 percent $ 1,670 new text begin 1,840 new text end 69.7 9,560 to 10,759 1.7 percent 25 percent $ 1,670 new text begin 1,840 new text end 69.8 10,760 to 11,949 1.8 percent 25 percent $ 1,610 new text begin 1,770 new text end 69.9 11,950 to 13,139 1.9 percent 30 percent $ 1,610 new text begin 1,770 new text end 69.10 13,140 to 14,349 2.0 percent 30 percent $ 1,540 new text begin 1,690 new text end 69.11 14,350 to 16,739 2.1 new text begin 2.0 new text end percent 30 percent $ 1,540 new text begin 1,690 new text end 69.12 16,740 to 17,929 2.2 percent 35 percent $ 1,480 69.13 17,930 to 19,119 2.3 new text begin 2.0 new text end percent 35 percent $ 1,480 new text begin 1,630 new text end 69.14 19,120 to 20,319 2.4 new text begin 2.1 new text end percent 35 percent $ 1,420 new text begin 1,560 new text end 69.15 20,320 to 25,099 2.5 new text begin 2.2 new text end percent 40 percent $ 1,420 new text begin 1,560 new text end 69.16 25,100 to 28,679 2.6 new text begin 2.3 new text end percent 40 percent $ 1,360 new text begin 1,500 new text end 69.17 28,680 to 35,849 2.7 new text begin 2.5 new text end percent 40 percent $ 1,360 new text begin 1,500 new text end 69.18 35,850 to 41,819 2.8 new text begin 2.6 new text end percent 45 percent $ 1,240 new text begin 1,360 new text end 69.19 41,820 to 47,799 3.0 new text begin 2.8 new text end percent 45 percent $ 1,240 new text begin 1,360 new text end 69.20 47,800 to 53,779 3.2 new text begin 3.0 new text end percent 45 percent $ 1,110 new text begin 1,220 new text end 69.21 53,780 to 59,749 3.5 percent 50 percent $ 990 new text begin 1,090 new text end 69.22 59,750 to 65,729 3.5 percent 50 percent $ 870 new text begin 960 new text end 69.23 65,730 to 69,319 3.5 percent 50 percent $ 740 new text begin 810 new text end 69.24 69,320 to 71,719 3.5 percent 50 percent $ 610 new text begin 670 new text end 69.25 71,720 to 74,619 3.5 percent 50 percent $ 500 new text begin 550 new text end 69.26 74,620 to 77,519 3.5 percent 50 percent $ 370 new text begin 410 new text end 69.27    The payment made to a claimant shall be the amount of the state refund calculated 69.28under this subdivision. No payment is allowed if the claimant's household income is 69.29$77,520 or more. 69.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective beginning with refunds based on new text end 69.31 new text begin property taxes payable in 2010. new text end 69.32    Sec. 5. Minnesota Statutes 2008, section 477A.011, subdivision 36, is amended to read: 69.33    Subd. 36. City aid base. (a) Except as otherwise provided in this subdivision, 69.34"city aid base" is zero. 69.35    (b) The city aid base for any city with a population less than 500 is increased by 69.36$40,000 for aids payable in calendar year 1995 and thereafter, and the maximum amount 69.37of total aid it may receive under section 477A.013, subdivision 9, paragraph (c), is also 69.38increased by $40,000 for aids payable in calendar year 1995 only, provided that: 69.39    (i) the average total tax capacity rate for taxes payable in 1995 exceeds 200 percent; 70.1    (ii) the city portion of the tax capacity rate exceeds 100 percent; and 70.2    (iii) its city aid base is less than $60 per capita. 70.3    (c) The city aid base for a city is increased by $20,000 in 1998 and thereafter and 70.4the maximum amount of total aid it may receive under section 477A.013, subdivision 9, 70.5paragraph (c), is also increased by $20,000 in calendar year 1998 only, provided that: 70.6    (i) the city has a population in 1994 of 2,500 or more; 70.7    (ii) the city is located in a county, outside of the metropolitan area, which contains a 70.8city of the first class; 70.9    (iii) the city's net tax capacity used in calculating its 1996 aid under section 70.10477A.013 is less than $400 per capita; and 70.11    (iv) at least four percent of the total net tax capacity, for taxes payable in 1996, of 70.12property located in the city is classified as railroad property. 70.13    (d) The city aid base for a city is increased by $200,000 in 1999 and thereafter and 70.14the maximum amount of total aid it may receive under section 477A.013, subdivision 9, 70.15paragraph (c), is also increased by $200,000 in calendar year 1999 only, provided that: 70.16    (i) the city was incorporated as a statutory city after December 1, 1993; 70.17    (ii) its city aid base does not exceed $5,600; and 70.18    (iii) the city had a population in 1996 of 5,000 or more. 70.19    (e) The city aid base for a city is increased by $150,000 for aids payable in 2000 and 70.20thereafter, and the maximum amount of total aid it may receive under section 477A.013, 70.21subdivision 9 , paragraph (c), is also increased by $150,000 in calendar year 2000 only, 70.22provided that: 70.23    (1) the city has a population that is greater than 1,000 and less than 2,500; 70.24    (2) its commercial and industrial percentage for aids payable in 1999 is greater 70.25than 45 percent; and 70.26    (3) the total market value of all commercial and industrial property in the city 70.27for assessment year 1999 is at least 15 percent less than the total market value of all 70.28commercial and industrial property in the city for assessment year 1998. 70.29    (f) The city aid base for a city is increased by $200,000 in 2000 and thereafter, and 70.30the maximum amount of total aid it may receive under section 477A.013, subdivision 9, 70.31paragraph (c), is also increased by $200,000 in calendar year 2000 only, provided that: 70.32    (1) the city had a population in 1997 of 2,500 or more; 70.33    (2) the net tax capacity of the city used in calculating its 1999 aid under section 70.34477A.013 is less than $650 per capita; 70.35    (3) the pre-1940 housing percentage of the city used in calculating 1999 aid under 70.36section 477A.013 is greater than 12 percent; 71.1    (4) the 1999 local government aid of the city under section 477A.013 is less than 71.220 percent of the amount that the formula aid of the city would have been if the need 71.3increase percentage was 100 percent; and 71.4    (5) the city aid base of the city used in calculating aid under section 477A.013 71.5is less than $7 per capita. 71.6    (g) The city aid base for a city is increased by $102,000 in 2000 and thereafter, and 71.7the maximum amount of total aid it may receive under section 477A.013, subdivision 9, 71.8paragraph (c), is also increased by $102,000 in calendar year 2000 only, provided that: 71.9    (1) the city has a population in 1997 of 2,000 or more; 71.10    (2) the net tax capacity of the city used in calculating its 1999 aid under section 71.11477A.013 is less than $455 per capita; 71.12    (3) the net levy of the city used in calculating 1999 aid under section 477A.013 is 71.13greater than $195 per capita; and 71.14    (4) the 1999 local government aid of the city under section 477A.013 is less than 71.1538 percent of the amount that the formula aid of the city would have been if the need 71.16increase percentage was 100 percent. 71.17    (h) The city aid base for a city is increased by $32,000 in 2001 and thereafter, and 71.18the maximum amount of total aid it may receive under section 477A.013, subdivision 9, 71.19paragraph (c), is also increased by $32,000 in calendar year 2001 only, provided that: 71.20    (1) the city has a population in 1998 that is greater than 200 but less than 500; 71.21    (2) the city's revenue need used in calculating aids payable in 2000 was greater 71.22than $200 per capita; 71.23    (3) the city net tax capacity for the city used in calculating aids available in 2000 71.24was equal to or less than $200 per capita; 71.25    (4) the city aid base of the city used in calculating aid under section 477A.013 71.26is less than $65 per capita; and 71.27    (5) the city's formula aid for aids payable in 2000 was greater than zero. 71.28    (i) The city aid base for a city is increased by $7,200 in 2001 and thereafter, and 71.29the maximum amount of total aid it may receive under section 477A.013, subdivision 9, 71.30paragraph (c), is also increased by $7,200 in calendar year 2001 only, provided that: 71.31    (1) the city had a population in 1998 that is greater than 200 but less than 500; 71.32    (2) the city's commercial industrial percentage used in calculating aids payable in 71.332000 was less than ten percent; 71.34    (3) more than 25 percent of the city's population was 60 years old or older according 71.35to the 1990 census; 72.1    (4) the city aid base of the city used in calculating aid under section 477A.013 72.2is less than $15 per capita; and 72.3    (5) the city's formula aid for aids payable in 2000 was greater than zero. 72.4    (j) The city aid base for a city is increased by $45,000 in 2001 and thereafter and 72.5by an additional $50,000 in calendar years 2002 to 2011, and the maximum amount of 72.6total aid it may receive under section 477A.013, subdivision 9, paragraph (c), is also 72.7increased by $45,000 in calendar year 2001 only, and by $50,000 in calendar year 2002 72.8only, provided that: 72.9    (1) the net tax capacity of the city used in calculating its 2000 aid under section 72.10477A.013 is less than $810 per capita; 72.11    (2) the population of the city declined more than two percent between 1988 and 1998; 72.12    (3) the net levy of the city used in calculating 2000 aid under section 477A.013 is 72.13greater than $240 per capita; and 72.14    (4) the city received less than $36 per capita in aid under section 477A.013, 72.15subdivision 9 , for aids payable in 2000. 72.16    (k) The city aid base for a city with a population of 10,000 or more which is located 72.17outside of the seven-county metropolitan area is increased in 2002 and thereafter, and the 72.18maximum amount of total aid it may receive under section 477A.013, subdivision 9, 72.19paragraph (b) or (c), is also increased in calendar year 2002 only, by an amount equal to 72.20the lesser of: 72.21    (1)(i) the total population of the city, as determined by the United States Bureau of 72.22the Census, in the 2000 census, (ii) minus 5,000, (iii) times 60; or 72.23    (2) $2,500,000. 72.24    (l) The city aid base is increased by $50,000 in 2002 and thereafter, and the 72.25maximum amount of total aid it may receive under section 477A.013, subdivision 9, 72.26paragraph (c), is also increased by $50,000 in calendar year 2002 only, provided that: 72.27    (1) the city is located in the seven-county metropolitan area; 72.28    (2) its population in 2000 is between 10,000 and 20,000; and 72.29    (3) its commercial industrial percentage, as calculated for city aid payable in 2001, 72.30was greater than 25 percent. 72.31    (m) The city aid base for a city is increased by $150,000 in calendar years 2002 to 72.322011 and by an additional $75,000 in calendar years 2009 to 2014 and the maximum 72.33amount of total aid it may receive under section 477A.013, subdivision 9, paragraph (c), is 72.34also increased by $150,000 in calendar year 2002 only and by $75,000 in calendar year 72.352009 only, provided that: 72.36    (1) the city had a population of at least 3,000 but no more than 4,000 in 1999; 73.1    (2) its home county is located within the seven-county metropolitan area; 73.2    (3) its pre-1940 housing percentage is less than 15 percent; and 73.3    (4) its city net tax capacity per capita for taxes payable in 2000 is less than $900 73.4per capita. 73.5    (n) The city aid base for a city is increased by $200,000 beginning in calendar 73.6year 2003 and the maximum amount of total aid it may receive under section 477A.013, 73.7subdivision 9 , paragraph (c), is also increased by $200,000 in calendar year 2003 only, 73.8provided that the city qualified for an increase in homestead and agricultural credit aid 73.9under Laws 1995, chapter 264, article 8, section 18. 73.10    (o) The city aid base for a city is increased by $200,000 in 2004 only and the 73.11maximum amount of total aid it may receive under section 477A.013, subdivision 9, is 73.12also increased by $200,000 in calendar year 2004 only, if the city is the site of a nuclear 73.13dry cask storage facility. 73.14    (p) The city aid base for a city is increased by $10,000 in 2004 and thereafter and the 73.15maximum total aid it may receive under section 477A.013, subdivision 9, is also increased 73.16by $10,000 in calendar year 2004 only, if the city was included in a federal major disaster 73.17designation issued on April 1, 1998, and its pre-1940 housing stock was decreased by 73.18more than 40 percent between 1990 and 2000. 73.19    (q) The city aid base for a city is increased by $30,000 in 2009 and thereafter and the 73.20maximum total aid it may receive under section 477A.013, subdivision 9, is also increased 73.21by $25,000 in calendar year 2006 only if the city had a population in 2003 of at least 1,000 73.22and has a state park for which the city provides rescue services and which comprised at 73.23least 14 percent of the total geographic area included within the city boundaries in 2000. 73.24    (r) The city aid base for a city is increased by $80,000 in 2009 and thereafter and 73.25the minimum and maximum amount of total aid it may receive under section 477A.013, 73.26subdivision 9, is also increased by $80,000 in calendar year 2009 only, if: 73.27    (1) as of May 1, 2006, at least 25 percent of the tax capacity of the city is proposed 73.28to be placed in trust status as tax-exempt Indian land; 73.29    (2) the placement of the land is being challenged administratively or in court; and 73.30    (3) due to the challenge, the land proposed to be placed in trust is still on the tax 73.31rolls as of May 1, 2006. 73.32    (s) The city aid base for a city is increased by $100,000 in 2007 and thereafter and 73.33the minimum and maximum total amount of aid it may receive under this section is also 73.34increased in calendar year 2007 only, provided that: 73.35    (1) the city has a 2004 estimated population greater than 200 but less than 2,000; 73.36    (2) its city net tax capacity for aids payable in 2006 was less than $300 per capita; 74.1    (3) the ratio of its pay 2005 tax levy compared to its city net tax capacity for aids 74.2payable in 2006 was greater than 110 percent; and 74.3    (4) it is located in a county where at least 15,000 acres of land are classified as 74.4tax-exempt Indian reservations according to the 2004 abstract of tax-exempt property. 74.5    (t) The city aid base for a city is increased by $30,000 in 2009 only, and the 74.6maximum total aid it may receive under section 477A.013, subdivision 9, is also increased 74.7by $30,000 in calendar year 2009, only if the city had a population in 2005 of less than 74.83,000 and the city's boundaries as of 2007 were formed by the consolidation of two cities 74.9and one township in 2002. 74.10    (u) The city aid base for a city is increased by $100,000 in 2009 and thereafter, and 74.11the maximum total aid it may receive under section 477A.013, subdivision 9, is also 74.12increased by $100,000 in calendar year 2009 only, if the city had a city net tax capacity for 74.13aids payable in 2007 of less than $150 per capita and the city experienced flooding on 74.14March 14, 2007, that resulted in evacuation of at least 40 homes. 74.15    (v) The city aid base for a city is increased by $100,000 in 2009 to 2013, and the 74.16maximum total aid it may receive under section 477A.013, subdivision 9, is also increased 74.17by $100,000 in calendar year 2009 only, if the city: 74.18    (1) is located outside of the Minneapolis-St. Paul standard metropolitan statistical 74.19area; 74.20    (2) has a 2005 population greater than 7,000 but less than 8,000; and 74.21    (3) has a 2005 net tax capacity per capita of less than $500. 74.22    (w) The city aid base is increased by $25,000 in calendar years 2009 to 2013 and the 74.23maximum amount of total aid it may receive under section 477A.013, subdivision 9, is 74.24increased by $25,000 in calendar year 2009 only, provided that: 74.25    (1) the city is located in the seven-county metropolitan area; 74.26    (2) its population in 2006 is less than 200; and 74.27    (3) the percentage of its housing stock built before 1940, according to the 2000 74.28United States Census, is greater than 40 percent. 74.29    (x) The city aid base is increased by $90,000 in calendar year 2009 only and the 74.30minimum and maximum total amount of aid it may receive under section 477A.013, 74.31subdivision 9, is also increased by $90,000 in calendar year 2009 only, provided that the 74.32city is located in the seven-county metropolitan area, has a 2006 population between 5,000 74.33and 7,000 and has a 1997 population of over 7,000. 74.34 new text begin (y) The city aid base is increased by $100,000 in calendar years 2011 to 2015 and new text end 74.35 new text begin the maximum amount of total aid a city may receive under section 477A.013, subdivision new text end 74.36 new text begin 9, is increased by $100,000 in 2011 only, provided that: new text end 75.1 new text begin (1) the city is located in the metropolitan area; new text end 75.2 new text begin (2) its 2006 population is less than 2,000; and new text end 75.3 new text begin (3) its population has grown by at least 200 percent between 1996 and 2006. new text end 75.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for aids payable in calendar year new text end 75.5 new text begin 2011 and thereafter. new text end 75.6    Sec. 6. Minnesota Statutes 2008, section 477A.013, subdivision 9, is amended to read: 75.7    Subd. 9. City aid distribution. (a) In calendar year 2009 and thereafter, each 75.8city shall receive an aid distribution equal to the sum of (1) the city formula aid under 75.9subdivision 8, and (2) its city aid base. new text begin In calendar year 2010, each city receives an aid new text end 75.10 new text begin distribution under this section, before the reductions under subdivision 11, equal to the new text end 75.11 new text begin amount of aid under this section that it was certified to receive in 2009. In calendar year new text end 75.12 new text begin 2011 and thereafter, each city receives an aid distribution under this section equal to the new text end 75.13 new text begin sum of (1) the city formula aid under subdivision 8, and (2) its city aid base. new text end 75.14    (b) For aids payable in 2009 only, the total aid for any city shall not exceed the sum 75.15of (1) 35 percent of the city's net levy for the year prior to the aid distribution, plus (2) 75.16its total aid in the previous year. 75.17    (c) For aids payable in 2010 and thereafter, the total aid for any city shall not exceed 75.18the sum of (1) ten percent of the city's net levy for the year prior to the aid distribution 75.19plus (2) its total aid in the previous year. For aids payable in 2009 and thereafter, the total 75.20aid for any city with a population of 2,500 or more may not be less than its total aid under 75.21this section in the previous year minus the lesser of $10 multiplied by its population, or ten 75.22percent of its net levy in the year prior to the aid distribution. 75.23    (d) For aids payable in 2010 and thereafter, the total aid for a city with a population 75.24less than 2,500 must not be less than the amount it was certified to receive in the 75.25previous year minus the lesser of $10 multiplied by its population, or five percent of its 75.262003 certified aid amount. For aids payable in 2009 only, the total aid for a city with a 75.27population less than 2,500 must not be less than what it received under this section in the 75.28previous year unless its total aid in calendar year 2008 was aid under section 477A.011, 75.29subdivision 36, paragraph (s), in which case its minimum aid is zero. 75.30    (e) A city's aid loss under this section may not exceed $300,000 in any year in 75.31which the total city aid appropriation under section 477A.03, subdivision 2a, is equal or 75.32greater than the appropriation under that subdivision in the previous year, unless the 75.33city has an adjustment in its city net tax capacity under the process described in section 75.34469.174, subdivision 28 . 76.1    (f) If a city's net tax capacity used in calculating aid under this section has decreased 76.2in any year by more than 25 percent from its net tax capacity in the previous year due to 76.3property becoming tax-exempt Indian land, the city's maximum allowed aid increase 76.4under paragraph (c) shall be increased by an amount equal to (1) the city's tax rate in the 76.5year of the aid calculation, multiplied by (2) the amount of its net tax capacity decrease 76.6resulting from the property becoming tax exempt. 76.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 76.8    Sec. 7. Minnesota Statutes 2008, section 477A.013, is amended by adding a 76.9subdivision to read: 76.10     new text begin Subd. 11. new text end new text begin 2010 city aid. new text end new text begin For aid payable in 2010 only, each city's distribution new text end 76.11 new text begin amount under subdivision 9 is reduced by an amount equal to 1.8889 percent of the city's new text end 76.12 new text begin net tax capacity, as defined in section 477A.011, subdivision 20, that would otherwise be new text end 76.13 new text begin used in calculating aids payable in 2010. new text end 76.14 new text begin The reduction is limited to the sum of the city's payable 2010 distribution under new text end 76.15 new text begin this section and the city's payable 2010 reimbursement under section 273.1384 before new text end 76.16 new text begin the reductions in this subdivision. new text end 76.17 new text begin The reduction is applied first to the city's distribution under this section, and then, if new text end 76.18 new text begin necessary, to the city's reimbursements under section 273.1384. new text end 76.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 76.20    Sec. 8. new text begin [477A.0133] 2009 CITY AND COUNTY AID REDUCTIONS. new text end 76.21     new text begin Subdivision 1. new text end new text begin City aid. new text end new text begin The commissioner of revenue shall compute an aid new text end 76.22 new text begin reduction amount for each city for aid payable in 2009 equal to 1.2111 percent of the city's new text end 76.23 new text begin net tax capacity, as defined in section 477A.011, subdivision 20, that would be used in new text end 76.24 new text begin calculating for aids payable in 2010. new text end 76.25 new text begin The reduction is limited to the sum of the city's payable 2009 distributions, prior to new text end 76.26 new text begin the reductions under this subdivision, under sections 273.1384 and 477A.013. new text end 76.27 new text begin The reduction is applied first to the city's distribution under section 477A.013, and new text end 76.28 new text begin then, if necessary, to the city's reimbursements under section 273.1384. new text end 76.29 new text begin To the extent that sufficient information is available on each successive payment date new text end 76.30 new text begin within the year, the commissioner of revenue shall pay any remaining 2009 distribution or new text end 76.31 new text begin reimbursement amount that is reduced under this subdivision in equal installments on the new text end 76.32 new text begin payment dates provided by law. new text end 77.1     new text begin Subd. 2. new text end new text begin County aid. new text end new text begin The commissioner of revenue shall compute an aid reduction new text end 77.2 new text begin amount for each county's aid under section 477A.0124 for aid payable in 2009 equal new text end 77.3 new text begin to 0.2308 percent of the county's net tax capacity, as defined in section 477A.0124, new text end 77.4 new text begin subdivision 2, used in calculating the 2009 certified amount. new text end 77.5 new text begin To the extent that sufficient information is available on each payment date in 2009, new text end 77.6 new text begin the commissioner of revenue shall pay any remaining 2009 distribution or reimbursement new text end 77.7 new text begin amount that is reduced under this section in equal installments on the payment dates new text end 77.8 new text begin provided by law. new text end 77.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 77.10    Sec. 9. Minnesota Statutes 2008, section 477A.03, subdivision 2a, is amended to read: 77.11    Subd. 2a. Cities. For aids payable in 2009 and thereafter, the total aid paid under 77.12section 477A.013, subdivision 9, is $526,148,487, subject to adjustment in subdivision 5. 77.13 new text begin For aids payable in 2010, the total aid paid under section 477A.013, subdivision 9, prior new text end 77.14 new text begin to the reductions under section 477A.013, subdivision 11, is $526,148,487. For aids new text end 77.15 new text begin payable in 2011 and thereafter, the total aid paid under section 477A.013, subdivision new text end 77.16 new text begin 9, is $516,500,000. new text end 77.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for aid paid in 2010 and thereafter. new text end 77.18    Sec. 10. new text begin PAYMENTS TO CITY OF COON RAPIDS. new text end 77.19 new text begin The commissioner of revenue shall make a payment of $225,000 to the city of Coon new text end 77.20 new text begin Rapids to compensate for its final city aid base payment of $225,000 in December 2008 new text end 77.21 new text begin under Minnesota Statutes 2006, section 477A.011, subdivision 36, paragraph (e), which new text end 77.22 new text begin was canceled due to the governor's unallotment. The payment shall be made at the time of new text end 77.23 new text begin the first aid payments in calendar year 2010 under Minnesota Statutes, section 477A.015. new text end 77.24 new text begin This payment shall not be included when calculating any city aid or credit reductions. new text end 77.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for aids payable in calendar year new text end 77.26 new text begin 2010. new text end 77.27    Sec. 11. new text begin REPEALER. new text end 77.28 new text begin Minnesota Statutes 2008, section 477A.03, subdivision 5, new text end new text begin is repealed. new text end 77.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for aid paid in 2010 and thereafter. new text end 78.1ARTICLE 7 78.2SEASONAL RECREATIONAL PROPERTY TAX DEFERRAL PROGRAM 78.3    Section 1. new text begin [290D.01] CITATION. new text end 78.4 new text begin This program shall be named the "seasonal recreational property tax deferral new text end 78.5 new text begin program." new text end 78.6    Sec. 2. new text begin [290D.02] TERMS. new text end 78.7     new text begin Subdivision 1. new text end new text begin Terms. new text end new text begin For purposes of sections 290D.01 to 290D.08, the terms new text end 78.8 new text begin defined in this section have the meanings given them. new text end 78.9     new text begin Subd. 2. new text end new text begin Primary property owner. new text end new text begin "Primary property owner" means a person who new text end 78.10 new text begin (1) has been the owner, or one of the owners, of the eligible property for at least 15 years new text end 78.11 new text begin prior to the year the application is filed under section 290D.04; and (2) applies for the new text end 78.12 new text begin deferral of property taxes under section 290D.04. new text end 78.13     new text begin Subd. 3. new text end new text begin Secondary property owner. new text end new text begin "Secondary property owner" means any new text end 78.14 new text begin person, other than the primary property owner, who has been an owner of the eligible new text end 78.15 new text begin property for at least 15 years prior to the year the initial application is filed for deferral new text end 78.16 new text begin of property taxes under section 290D.04. new text end 78.17     new text begin Subd. 4. new text end new text begin Eligible property. new text end new text begin "Eligible property" means a parcel of property or new text end 78.18 new text begin contiguous parcels of property under the same ownership classified as noncommercial new text end 78.19 new text begin seasonal residential recreational 4c(1) property under section 273.13, subdivision 25. new text end 78.20     new text begin Subd. 5. new text end new text begin Base property tax amount. new text end new text begin "Base property tax amount" means the total new text end 78.21 new text begin property taxes levied by all taxing jurisdictions, including special assessments, on the new text end 78.22 new text begin eligible property in the year prior to the year that the initial application is approved under new text end 78.23 new text begin section 290D.04 and payable in the year of the application. new text end 78.24     new text begin Subd. 6. new text end new text begin Special assessments. new text end new text begin "Special assessments" mean any assessment, fee, or new text end 78.25 new text begin other charge that may be made by law, and that appears on the property tax statement for new text end 78.26 new text begin the property for collection under the laws applicable to the enforcement of real estate taxes. new text end 78.27     new text begin Subd. 7. new text end new text begin Commissioner. new text end new text begin "Commissioner" means the commissioner of revenue. new text end 78.28    Sec. 3. new text begin [290D.03] QUALIFICATIONS FOR DEFERRAL. new text end 78.29 new text begin In order for an eligible property to qualify for treatment under this program: new text end 78.30 new text begin (1) the eligible property must have been owned solely by the primary property owner, new text end 78.31 new text begin or jointly with others, for at least 15 years prior to the year the initial application is filed; new text end 78.32 new text begin (2) there must be no state or federal tax liens or judgment liens on the eligible new text end 78.33 new text begin property; new text end 79.1 new text begin (3) there must be no mortgages or other liens on the eligible property that secure new text end 79.2 new text begin future advances, except for those subject to credit limits that result in compliance with new text end 79.3 new text begin clause (4); and new text end 79.4 new text begin (4) the total unpaid balances of debts secured by mortgages and other liens on the new text end 79.5 new text begin eligible property, including unpaid and delinquent special assessments and interest, and new text end 79.6 new text begin any delinquent property taxes, penalties, and interest, but not including property taxes new text end 79.7 new text begin payable during the year, must not exceed 60 percent of the assessor's estimated market new text end 79.8 new text begin value for the current assessment year. new text end 79.9    Sec. 4. new text begin [290D.04] APPLICATION FOR DEFERRAL. new text end 79.10     new text begin Subdivision 1. new text end new text begin Initial application. new text end new text begin (a) A primary owner of a property meeting new text end 79.11 new text begin the qualifications under section new text end new text begin may apply to the commissioner for deferral new text end 79.12 new text begin of taxes on the eligible property. Applications are due on or before July 1 for deferral new text end 79.13 new text begin of any taxes payable in the following year. The application, which must be prescribed new text end 79.14 new text begin by the commissioner, shall include the following items and any other information the new text end 79.15 new text begin commissioner deems necessary: new text end 79.16 new text begin (1) the name, address, and Social Security number of the primary property owner new text end 79.17 new text begin and secondary property owners, if any; new text end 79.18 new text begin (2) a copy of the property tax statement for the current taxes payable year for the new text end 79.19 new text begin eligible property; new text end 79.20 new text begin (3) the initial year of ownership of the primary property owner and any second new text end 79.21 new text begin property owners of the eligible property; new text end 79.22 new text begin (4) information on any mortgage loans or other amounts secured by mortgages or new text end 79.23 new text begin other liens against the eligible property, for which purpose the commissioner may require new text end 79.24 new text begin the applicant to provide a copy of the mortgage note, the mortgage, or a statement of the new text end 79.25 new text begin balance owing on the mortgage loan provided by the mortgage holder. The commissioner new text end 79.26 new text begin may require the appropriate documents in connection with obtaining and confirming new text end 79.27 new text begin information on unpaid amounts secured by other liens; and new text end 79.28 new text begin (5) the signatures of the primary property owner and all other owners, if any, stating new text end 79.29 new text begin that each owner agrees to enroll the eligible property in the program to defer property new text end 79.30 new text begin taxes under this chapter. new text end 79.31 new text begin The application must state that program participation is voluntary. The application new text end 79.32 new text begin must also state that program participation includes authorization for the annual deferred new text end 79.33 new text begin amount. The deferred property tax calculated by the county and the cumulative deferred new text end 79.34 new text begin property tax amount is public data. new text end 80.1 new text begin (b) As part of the initial application process, if the property is abstract property, the new text end 80.2 new text begin commissioner may require the applicant to obtain at the applicant's cost a report prepared new text end 80.3 new text begin by a licensed abstracter showing the last deed and any unsatisfied mortgages, liens, new text end 80.4 new text begin judgments, and state and federal tax lien notices which were recorded on or after the date new text end 80.5 new text begin of that last deed with respect to the eligible property or to the applicant. new text end 80.6 new text begin The certificate or report need not include references to any documents filed or new text end 80.7 new text begin recorded more than 40 years prior to the date of the certification or report. The certification new text end 80.8 new text begin or report must be as of a date not more than 30 days prior to submission of the application new text end 80.9 new text begin under this section. new text end 80.10 new text begin The commissioner may also require the county recorder or county registrar of the new text end 80.11 new text begin county where the eligible property is located to provide copies of recorded documents new text end 80.12 new text begin related to the applicant of the eligible property, for which the recorder or registrar shall new text end 80.13 new text begin not charge a fee. The commissioner may use any information available to determine or new text end 80.14 new text begin verify eligibility under this section. new text end 80.15     new text begin Subd. 2. new text end new text begin Approval; recording. new text end new text begin The commissioner shall approve all initial new text end 80.16 new text begin applications that qualify under this chapter and shall notify the primary property owner on new text end 80.17 new text begin or before December 1. The commissioner may investigate the facts or require confirmation new text end 80.18 new text begin in regard to an application. The commissioner shall record or file a notice of qualification new text end 80.19 new text begin for deferral, including the names of the primary and any secondary property owners and a new text end 80.20 new text begin legal description of the eligible property, in the Office of the County Recorder, or registrar new text end 80.21 new text begin of titles, whichever is applicable, in the county where the eligible property is located. The new text end 80.22 new text begin notice must state that it serves as a notice of lien and that it includes deferrals under this new text end 80.23 new text begin section for future years. The primary property owner shall pay the recording or filing fees new text end 80.24 new text begin for the notice, which, notwithstanding section new text end new text begin , shall be paid by that owner at the new text end 80.25 new text begin time of satisfaction of the lien. new text end 80.26     new text begin Subd. 3. new text end new text begin Penalty for failure; investigations. new text end new text begin (a) The commissioner shall assess new text end 80.27 new text begin a penalty equal to 20 percent of the property taxes improperly deferred in the case of a new text end 80.28 new text begin false application. The commissioner shall assess a penalty equal to 50 percent of the new text end 80.29 new text begin property taxes improperly deferred if the taxpayer knowingly filed a false application. The new text end 80.30 new text begin commissioner shall assess penalties under this section through the issuance of an order new text end 80.31 new text begin under the provisions of chapter 270C. Persons affected by a commissioner's order issued new text end 80.32 new text begin under this section may appeal as provided in chapter 270C. new text end 80.33 new text begin (b) The commissioner may conduct investigations related to initial applications new text end 80.34 new text begin required under this chapter within the period ending 3-1/2 years from the due date of new text end 80.35 new text begin the application. new text end 81.1     new text begin Subd. 4. new text end new text begin Annual certification to commissioner. new text end new text begin Annually, on or before July 1, new text end 81.2 new text begin the primary property owner must certify to the commissioner that the person continues new text end 81.3 new text begin to qualify as a primary property owner. If the primary owner has died or has transferred new text end 81.4 new text begin the property in the preceding year, a certification may be filed by the primary owner's new text end 81.5 new text begin spouse, or by one of the secondary owners, provided that the person is currently an new text end 81.6 new text begin owner of the property. In this case, the primary owner's spouse or the secondary owner new text end 81.7 new text begin shall be considered the primary owner from that point forward. If neither the primary new text end 81.8 new text begin owner, the primary owner's spouse, or a secondary owner is eligible to file the required new text end 81.9 new text begin annual certification for the property, the property's participation in the program shall be new text end 81.10 new text begin terminated, and the procedures in section 290D.08 apply. new text end 81.11     new text begin Subd. 5. new text end new text begin Annual notice to primary property owner. new text end new text begin Annually, on or before new text end 81.12 new text begin September 1, the commissioner shall notify each primary property owner, in writing, of new text end 81.13 new text begin the total cumulative deferred taxes and accrued interest on the qualifying property as of new text end 81.14 new text begin that date. new text end 81.15    Sec. 5. new text begin [290D.05] DEFERRED PROPERTY TAX AMOUNT. new text end 81.16     new text begin Subdivision 1. new text end new text begin Calculation of deferred property tax amount. new text end new text begin Each year after new text end 81.17 new text begin the county auditor has determined the final property tax rates under section 275.08, the new text end 81.18 new text begin "deferred property tax amount" must be calculated on each eligible property. The deferred new text end 81.19 new text begin property tax amount is equal to 50 percent of the amount of the difference between (1) the new text end 81.20 new text begin total amount of property taxes and special assessments levied upon the eligible property new text end 81.21 new text begin for the current year by all taxing jurisdictions and (2) the eligible property's base property new text end 81.22 new text begin tax amount. Any tax attributable to new improvements made to the eligible property after new text end 81.23 new text begin the initial application has been approved under section new text end new text begin 290D.04, subdivision 2 new text end new text begin , must be new text end 81.24 new text begin excluded in determining the deferred property tax amount. The eligible property's total new text end 81.25 new text begin current year's tax less the deferred property tax amount for the current year must be listed new text end 81.26 new text begin on the property tax statement and is the amount due to the county under chapter 276. new text end 81.27 new text begin Reference that the property is enrolled in the seasonal recreational property tax deferral new text end 81.28 new text begin program under this chapter and a state lien has been recorded must be clearly printed on new text end 81.29 new text begin the statement. new text end 81.30     new text begin Subd. 2. new text end new text begin Certification to commissioner. new text end new text begin The county auditor shall annually, on or new text end 81.31 new text begin before April 15, certify to the commissioner the property tax deferral amounts determined new text end 81.32 new text begin under this section for each eligible property in the county. The commissioner shall new text end 81.33 new text begin prescribe the information that is necessary to identify the eligible properties. new text end 81.34     new text begin Subd. 3. new text end new text begin Limitation on total amount of deferred taxes. new text end new text begin The total amount of new text end 81.35 new text begin deferred taxes and interest on a property, when added to (1) the balance owed on any new text end 82.1 new text begin mortgages on the property at the time of initial application; (2) other amounts secured by new text end 82.2 new text begin liens on the property at the time of the initial application; and (3) any unpaid and delinquent new text end 82.3 new text begin special assessments and interest and any delinquent property taxes, penalties, and interest, new text end 82.4 new text begin but not including property taxes payable during the year, must not exceed 60 percent of new text end 82.5 new text begin the assessor's estimated market value of the property for the current assessment year. new text end 82.6    Sec. 6. new text begin [290D.06] LIEN; DEFERRED PORTION. new text end 82.7 new text begin (a) Payment by the state to the county treasurer of property taxes, penalties, interest, new text end 82.8 new text begin or special assessments and interest, deferred under this chapter, is deemed a loan from the new text end 82.9 new text begin state to the program participant. The commissioner shall compute the interest as provided new text end 82.10 new text begin in section new text end new text begin 270C.40, subdivision 5 new text end new text begin , but not to exceed two percent over the maximum new text end 82.11 new text begin interest rate provided in section 290B.07, paragraph (a), and maintain records of the total new text end 82.12 new text begin deferred amount and interest for each participant. Interest accrues beginning September 1 new text end 82.13 new text begin of the payable year for which the taxes are deferred. Any deferral made under this chapter new text end 82.14 new text begin must not be construed as delinquent property taxes. new text end 82.15 new text begin The lien created under section new text end new text begin continues to secure payment by the taxpayer, new text end 82.16 new text begin or by the taxpayer's successors or assigns, of the amount deferred, including interest, with new text end 82.17 new text begin respect to all years for which amounts are deferred. The lien for deferred taxes and interest new text end 82.18 new text begin has the same priority as any other lien under section new text end new text begin , except that liens, including new text end 82.19 new text begin mortgages, recorded or filed prior to the recording or filing of the notice under section new text end 82.20 new text begin 290D.04, subdivision 2 new text end new text begin , have priority over the lien for deferred taxes and interest. A new text end 82.21 new text begin seller's interest in a contract for deed, in which a qualifying owner is the purchaser or an new text end 82.22 new text begin assignee of the purchaser, has priority over deferred taxes and interest on deferred taxes, new text end 82.23 new text begin regardless of whether the contract for deed is recorded or filed. The lien for deferred taxes new text end 82.24 new text begin and interest for future years has the same priority as the lien for deferred taxes and interest new text end 82.25 new text begin for the first year, which is always higher in priority than any mortgages or other liens filed, new text end 82.26 new text begin recorded, or created after the notice recorded or filed under section new text end new text begin 290D.04, subdivision new text end 82.27 new text begin 2 new text end new text begin . The county treasurer or auditor shall maintain records of the deferred portion and shall new text end 82.28 new text begin list the amount of deferred taxes for the year and the cumulative deferral and interest for new text end 82.29 new text begin all previous years as a lien against the eligible property. In any certification of unpaid new text end 82.30 new text begin taxes for a tax parcel, the county auditor shall clearly distinguish between taxes payable in new text end 82.31 new text begin the current year, deferred taxes and interest, and delinquent taxes. Payment of the deferred new text end 82.32 new text begin portion becomes due and owing at the time specified in section new text end new text begin . Upon receipt of new text end 82.33 new text begin the payment, the commissioner shall issue a receipt to the person making the payment new text end 82.34 new text begin upon request and shall notify the auditor of the county in which the parcel is located, new text end 82.35 new text begin within ten days, identifying the parcel to which the payment applies. Upon receipt by the new text end 83.1 new text begin commissioner of collected funds in the amount of the deferral, the state's loan to the new text end 83.2 new text begin program participant is deemed paid in full. new text end 83.3 new text begin (b) If eligible property for which taxes have been deferred under this chapter forfeits new text end 83.4 new text begin under chapter 281 for nonpayment of a nondeferred property tax amount, or because new text end 83.5 new text begin of nonpayment of amounts previously deferred following a termination under section new text end 83.6 new text begin , the lien for the taxes deferred under this chapter, plus interest and costs, shall be new text end 83.7 new text begin canceled by the county auditor as provided in section new text end new text begin . However, notwithstanding new text end 83.8 new text begin any other law to the contrary, any proceeds from a subsequent sale of the eligible property new text end 83.9 new text begin under chapter 282 or another law, must be used to first reimburse the county's forfeited new text end 83.10 new text begin tax sale fund for any direct costs of selling the eligible property or any costs directly new text end 83.11 new text begin related to preparing the eligible property for sale, and then to reimburse the state for new text end 83.12 new text begin the amount of the canceled lien. Within 90 days of the receipt of any sale proceeds to new text end 83.13 new text begin which the state is entitled under these provisions, the county auditor must pay those funds new text end 83.14 new text begin to the commissioner by warrant for deposit in the general fund. No other deposit, use, new text end 83.15 new text begin distribution, or release of gross sale proceeds or receipts may be made by the county until new text end 83.16 new text begin payments sufficient to fully reimburse the state for the canceled lien amount have been new text end 83.17 new text begin transmitted to the commissioner. new text end 83.18    Sec. 7. new text begin [290D.07] TERMINATION OF DEFERRAL; PAYMENT OF DEFERRED new text end 83.19 new text begin TAXES. new text end 83.20     new text begin Subdivision 1. new text end new text begin Termination. new text end new text begin (a) The deferral of taxes granted under this chapter new text end 83.21 new text begin terminates when one of the following occurs: new text end 83.22 new text begin (1) the eligible property is sold or transferred to someone other than the primary new text end 83.23 new text begin owner's spouse or a secondary owner; new text end 83.24 new text begin (2) the death of the primary owner, or in the case of a married couple, after the new text end 83.25 new text begin death of both spouses, provided that there is not a secondary owner eligible to become new text end 83.26 new text begin the primary owner; new text end 83.27 new text begin (3) the primary property owner notifies the commissioner, in writing, that all owners, new text end 83.28 new text begin including any secondary property owners, desire to discontinue the deferral; or new text end 83.29 new text begin (4) the eligible property no longer qualifies under section 290D.03. new text end 83.30 new text begin (b) An eligible property is not terminated from the program because no deferred new text end 83.31 new text begin property tax amount is determined for any given year after the eligible property's initial new text end 83.32 new text begin enrollment into the program. new text end 83.33 new text begin (c) An eligible property is not terminated from the program if the eligible property new text end 83.34 new text begin subsequently becomes the homestead of one or more of the property owners and the new text end 84.1 new text begin property and the owners qualify for, and are immediately enrolled in, the senior deferral new text end 84.2 new text begin program under chapter 290B. new text end 84.3     new text begin Subd. 2. new text end new text begin Payment upon termination. new text end new text begin Upon the termination of the deferral under new text end 84.4 new text begin subdivision 1, the amount of deferred taxes, penalties, interest, and special assessments new text end 84.5 new text begin and interest, plus the recording or filing fees under this subdivision and section new text end new text begin 290D.04, new text end 84.6 new text begin subdivision 2 new text end new text begin , becomes due and payable to the commissioner within 90 days of termination new text end 84.7 new text begin of the deferral for terminations under subdivision 1, paragraph (a), clauses (1) and (2), new text end 84.8 new text begin and within one year of termination of the deferral for terminations under subdivision 1, new text end 84.9 new text begin paragraph (a), clauses (3) and (4). No additional interest is due on the deferral if timely new text end 84.10 new text begin paid. On receipt of payment, the commissioner shall, within ten days, notify the auditor new text end 84.11 new text begin of the county in which the parcel is located, identifying the parcel to which the payment new text end 84.12 new text begin applies, and shall remit the recording or filing fees under this subdivision and section new text end 84.13 new text begin 290D.04, subdivision 2 new text end new text begin , to the auditor. A notice of termination of deferral, containing the new text end 84.14 new text begin legal description and the recording or filing data for the notice of qualification for deferral new text end 84.15 new text begin under section new text end new text begin 290D.04, subdivision 2 new text end new text begin , shall be prepared and recorded or filed by the new text end 84.16 new text begin county auditor in the same office in which the notice of qualification for deferral under new text end 84.17 new text begin section new text end new text begin 290D.04, subdivision 2 new text end new text begin , was recorded or filed, and the county auditor shall mail a new text end 84.18 new text begin copy of the notice of termination to the property owner. The property owner shall pay the new text end 84.19 new text begin recording or filing fees. Upon recording or filing of the notice of termination of deferral, new text end 84.20 new text begin the notice of qualification for deferral under section new text end new text begin 290D.04, subdivision 2 new text end new text begin , and the lien new text end 84.21 new text begin created by it are discharged. If the deferral is not timely paid, the penalty, interest, lien, new text end 84.22 new text begin forfeiture, and other rules for the collection of ad valorem property taxes apply. new text end 84.23    Sec. 8. new text begin [290D.08] STATE REIMBURSEMENT. new text end 84.24     new text begin Subdivision 1. new text end new text begin Determination; payment. new text end new text begin The county auditor shall determine the new text end 84.25 new text begin total current year's deferred amount of property tax under this chapter in the county, and new text end 84.26 new text begin submit those amounts as part of the abstracts of tax lists submitted by the county auditors new text end 84.27 new text begin under section new text end new text begin . The commissioner may make changes in the abstracts of tax lists as new text end 84.28 new text begin deemed necessary. The commissioner, after such review, shall pay the deferred amount of new text end 84.29 new text begin property tax to each county treasurer on or before August 31. new text end 84.30 new text begin The county treasurer shall distribute as part of the October settlement the funds new text end 84.31 new text begin received as if they had been collected as part of the property tax. new text end 84.32     new text begin Subd. 2. new text end new text begin Appropriation. new text end new text begin An amount sufficient to pay the total amount of property new text end 84.33 new text begin tax determined under subdivision 1, plus any other amounts paid under this chapter, is new text end 84.34 new text begin annually appropriated from the general fund to the commissioner. new text end 85.1    Sec. 9. new text begin EFFECTIVE DATE. new text end 85.2 new text begin Sections 1 to 8 are effective for applications filed July 1, 2009, and thereafter. new text end 85.3ARTICLE 8 85.4MISCELLANEOUS 85.5    Section 1. Minnesota Statutes 2008, section 275.07, is amended by adding a 85.6subdivision to read: 85.7     new text begin Subd. 6. new text end new text begin Recertification due to unallotment. new text end new text begin If a local government's December new text end 85.8 new text begin aid or credit payments under sections 273.1384 and 477A.011 to 477A.014 are reduced new text end 85.9 new text begin due to unallotment under section 16A.152, the local government may recertify its levy new text end 85.10 new text begin under subdivision 1 by January 15 of the year in which the levy is paid. The local new text end 85.11 new text begin government must report the recertified amount to the county auditor within two business new text end 85.12 new text begin days of January 15 or the levy shall remain at the amount certified under subdivision 1. new text end 85.13 new text begin Notwithstanding subdivision 4, the county auditor shall report to the commissioner of new text end 85.14 new text begin revenue any recertified levies under this subdivision by January 30 of the year in which new text end 85.15 new text begin the levy is paid. new text end 85.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 85.17    Sec. 2. Minnesota Statutes 2008, section 275.70, subdivision 5, is amended to read: 85.18    Subd. 5. Special levies. "Special levies" means those portions of ad valorem taxes 85.19levied by a local governmental unit for the following purposes or in the following manner: 85.20    (1) to pay the costs of the principal and interest on bonded indebtedness or to 85.21reimburse for the amount of liquor store revenues used to pay the principal and interest 85.22due on municipal liquor store bonds in the year preceding the year for which the levy 85.23limit is calculated; 85.24    (2) to pay the costs of principal and interest on certificates of indebtedness issued for 85.25any corporate purpose except for the following: 85.26    (i) tax anticipation or aid anticipation certificates of indebtedness; 85.27    (ii) certificates of indebtedness issued under sections 298.28 and 298.282; 85.28    (iii) certificates of indebtedness used to fund current expenses or to pay the costs of 85.29extraordinary expenditures that result from a public emergency; or 85.30    (iv) certificates of indebtedness used to fund an insufficiency in tax receipts or 85.31an insufficiency in other revenue sources; 85.32    (3) to provide for the bonded indebtedness portion of payments made to another 85.33political subdivision of the state of Minnesota; 86.1    (4) to fund payments made to the Minnesota State Armory Building Commission 86.2under section 193.145, subdivision 2, to retire the principal and interest on armory 86.3construction bonds; 86.4    (5) property taxes approved by voters which are levied against the referendum 86.5market value as provided under section 275.61; 86.6    (6) to fund matching requirements needed to qualify for federal or state grants or 86.7programs to the extent that either (i) the matching requirement exceeds the matching 86.8requirement in calendar year 2001, or (ii) it is a new matching requirement that did not 86.9exist prior to 2002; 86.10    (7) to pay the expenses reasonably and necessarily incurred in preparing for or 86.11repairing the effects of natural disaster including the occurrence or threat of widespread 86.12or severe damage, injury, or loss of life or property resulting from natural causes, in 86.13accordance with standards formulated by the Emergency Services Division of the state 86.14Department of Public Safety, as allowed by the commissioner of revenue under section 86.15275.74, subdivision 2 ; 86.16    (8) pay amounts required to correct an error in the levy certified to the county 86.17auditor by a city or county in a levy year, but only to the extent that when added to the 86.18preceding year's levy it is not in excess of an applicable statutory, special law or charter 86.19limitation, or the limitation imposed on the governmental subdivision by sections 275.70 86.20to 275.74 in the preceding levy year; 86.21    (9) to pay an abatement under section 469.1815; 86.22    (10) to pay any costs attributable to increases in the employer contribution rates 86.23under chapter 353, or locally administered pension plans, that are effective after June 86.2430, 2001; 86.25    (11) to pay the operating or maintenance costs of a county jail as authorized in 86.26section 641.01 or 641.262, or of a correctional facility as defined in section 241.021, 86.27subdivision 1 , paragraph (f), to the extent that the county can demonstrate to the 86.28commissioner of revenue that the amount has been included in the county budget as 86.29a direct result of a rule, minimum requirement, minimum standard, or directive of the 86.30Department of Corrections, or to pay the operating or maintenance costs of a regional jail 86.31as authorized in section 641.262. For purposes of this clause, a district court order is 86.32not a rule, minimum requirement, minimum standard, or directive of the Department of 86.33Corrections. If the county utilizes this special levy, except to pay operating or maintenance 86.34costs of a new regional jail facility under sections 641.262 to 641.264 which will not 86.35replace an existing jail facility, any amount levied by the county in the previous levy year 86.36for the purposes specified under this clause and included in the county's previous year's 87.1levy limitation computed under section 275.71, shall be deducted from the levy limit 87.2base under section 275.71, subdivision 2, when determining the county's current year 87.3levy limitation. The county shall provide the necessary information to the commissioner 87.4of revenue for making this determination; 87.5    (12) to pay for operation of a lake improvement district, as authorized under section 87.6103B.555 . If the county utilizes this special levy, any amount levied by the county in the 87.7previous levy year for the purposes specified under this clause and included in the county's 87.8previous year's levy limitation computed under section 275.71 shall be deducted from 87.9the levy limit base under section 275.71, subdivision 2, when determining the county's 87.10current year levy limitation. The county shall provide the necessary information to the 87.11commissioner of revenue for making this determination; 87.12    (13) to repay a state or federal loan used to fund the direct or indirect required 87.13spending by the local government due to a state or federal transportation project or other 87.14state or federal capital project. This authority may only be used if the project is not a 87.15local government initiative; 87.16    (14) to pay for court administration costs as required under section 273.1398, 87.17subdivision 4b , less the (i) county's share of transferred fines and fees collected by the 87.18district courts in the county for calendar year 2001 and (ii) the aid amount certified to be 87.19paid to the county in 2004 under section 273.1398, subdivision 4c; however, for taxes 87.20levied to pay for these costs in the year in which the court financing is transferred to the 87.21state, the amount under this clause is limited to the amount of aid the county is certified to 87.22receive under section 273.1398, subdivision 4a; 87.23    (15) to fund a police or firefighters relief association as required under section 69.77 87.24to the extent that the required amount exceeds the amount levied for this purpose in 2001; 87.25    (16) for purposes of a storm sewer improvement district under section 444.20; 87.26    (17) to pay for the maintenance and support of a city or county society for the 87.27prevention of cruelty to animals under section 343.11. If the city or county uses this 87.28special levy, any amount levied by the city or county in the previous levy year for the 87.29purposes specified in this clause and included in the city's or county's previous year's levy 87.30limit computed under section 275.71, must be deducted from the levy limit base under 87.31section 275.71, subdivision 2, in determining the city's or county's current year levy limit; 87.32    (18) for counties, to pay for the increase in their share of health and human service 87.33costs caused by reductions in federal health and human services grants effective after 87.34September 30, 2007; 87.35    (19) for a city, for the costs reasonably and necessarily incurred for securing, 87.36maintaining, or demolishing foreclosed or abandoned residential properties, as allowed by 88.1the commissioner of revenue under section 275.74, subdivision 2. A city must have either 88.2(i) a foreclosure rate of at least 1.4 percent in 2007, or (ii) a foreclosure rate in 2007 in 88.3the city or in a zip code area of the city that is at least 50 percent higher than the average 88.4foreclosure rate in the metropolitan area, as defined in section 473.121, subdivision 2, 88.5to use this special levy. For purposes of this paragraph, "foreclosure rate" means the 88.6number of foreclosures, as indicated by sheriff sales records, divided by the number of 88.7households in the city in 2007; 88.8    (20) for a city, for the unreimbursed costs of redeployed traffic control agents and 88.9lost traffic citation revenue due to the collapse of the Interstate 35W bridge, as certified 88.10to the Federal Highway Administration; 88.11    (21) to pay costs attributable to wages and benefits for sheriff, police, and fire 88.12personnel. If a local governmental unit did not use this special levy in the previous year its 88.13levy limit base under section 275.71 shall be reduced by the amount equal to the amount it 88.14levied for the purposes specified in this clause in the previous year; and 88.15    (22) an amount equal to any reductions in the certified aids or credits payable 88.16under sections 477A.011 to 477A.014, and section 273.1384, due to unallotment under 88.17section 16A.152 new text begin in any year, reductions in aids under chapter 477A, that are enacted new text end 88.18 new text begin by the legislature in the year in which the aid is paid, and reductions to credits under new text end 88.19 new text begin section 273.1384 enacted by the legislature in any year new text end . The amount of the levy allowed 88.20under this clause is equal to the amount unallotted new text begin or reduced new text end in the calendar year in 88.21which the tax is levied unless the unallotment amount is not known by September 1 of 88.22the levy year, new text begin and the local government has not adjusted its levy under section 275.065, new text end 88.23 new text begin subdivision 6, or 275.07, subdivision 6, new text end in which case the unallotment amount may be 88.24levied in the following year. new text begin ; new text end 88.25 new text begin (23) to pay for the difference between one-half of the costs of confining sex offenders new text end 88.26 new text begin undergoing the civil commitment process and any state payments for this purpose pursuant new text end 88.27 new text begin to section 253B.185, subdivision 5; and new text end 88.28 new text begin (24) for a county to pay the costs of the first year of maintaining and operating a new new text end 88.29 new text begin facility or new expansion, either of which contains courts, corrections, dispatch, criminal new text end 88.30 new text begin investigation labs, or other public safety facilities and for which all or a portion of the new text end 88.31 new text begin funding for the site acquisition, building design, site preparation, construction, and related new text end 88.32 new text begin equipment was issued or authorized prior to the imposition of levy limits in 2008. The new text end 88.33 new text begin levy limit base shall then be increased by an amount equal to the new facility's first full new text end 88.34 new text begin year's operating costs as described in this clause. new text end 88.35 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for levies certified in calendar year new text end 88.36 new text begin 2009 and thereafter, payable in 2010 and thereafter. new text end 89.1    Sec. 3. new text begin [475.755] EMERGENCY DEBT CERTIFICATES. new text end 89.2 new text begin (a) If at any time during a fiscal year the receipts of a local government are new text end 89.3 new text begin reasonably expected to be reduced below the amount provided in the local government's new text end 89.4 new text begin budget when the final property tax levy to be collected during the fiscal year was certified new text end 89.5 new text begin and the receipts are insufficient to meet the expenses incurred or to be incurred during the new text end 89.6 new text begin fiscal year, the governing body of the local government may authorize and sell certificates new text end 89.7 new text begin of indebtedness to mature within two years or less from the end of the fiscal year in which new text end 89.8 new text begin the certificates are issued. The maximum principal amount of the certificates that it may new text end 89.9 new text begin issue in a fiscal year is limited to the expected reduction in receipts plus the cost of new text end 89.10 new text begin issuance. The certificates may be issued in the manner and on the terms the governing new text end 89.11 new text begin body determines by resolution. new text end 89.12 new text begin (b) The governing body of the local government shall levy taxes for the payment of new text end 89.13 new text begin principal and interest on the certificates in accordance with section 475.61. new text end 89.14 new text begin (c) The certificates are not to be included in the net debt of the issuing local new text end 89.15 new text begin government. new text end 89.16     new text begin (d) To the extent that a local government issues certificates under this section to fund new text end 89.17 new text begin an unallotment or other reduction in its state aid, the local government may not use a new text end 89.18 new text begin special levy for the aid reduction under section 275.70, subdivision 5, clause (22), or a new text end 89.19 new text begin similar or successor provision. This provision does not affect the status of the levy under new text end 89.20 new text begin section 475.61 to pay the certificates as a levy that is not subject to levy limits. new text end 89.21 new text begin (e) For purposes of this section, the following terms have the meanings given: new text end 89.22 new text begin (1) "Local government" means a statutory or home rule charter city, a town, or new text end 89.23 new text begin a county. new text end 89.24 new text begin (2) "Receipts" includes the following amounts scheduled to be received by the new text end 89.25 new text begin local government for the fiscal year from: new text end 89.26 new text begin (i) taxes; new text end 89.27 new text begin (ii) aid payments previously certified by the state to be paid to the local government; new text end 89.28 new text begin (iii) state reimbursement payments for property tax credits; and new text end 89.29 new text begin (iv) any other source. new text end 89.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 89.31    Sec. 4. Laws 1986, chapter 400, section 44, as amended by Laws 1995, chapter 264, 89.32article 2, section 39, is amended to read: 89.33    Sec. 44. DOWNTOWN TAXING AREA. 89.34    If a bill is enacted into law in the 1986 legislative session which authorizes the city 89.35of Minneapolis to issue bonds and expend certain funds including taxes to finance the 90.1acquisition and betterment of a convention center and related facilities, which authorizes 90.2certain taxes to be levied in a downtown taxing area, then, notwithstanding the provisions 90.3of that law "downtown taxing area" shall mean the geographic area bounded by the 90.4portion of the Mississippi River between I-35W and Washington Avenue, the portion 90.5of Washington Avenue between the river and I-35W, the portion of I-35W between 90.6Washington Avenue and 8th Street South, the portion of 8th Street South between I-35W 90.7and Portland Avenue South, the portion of Portland Avenue South between 8th Street 90.8South and I-94, the portion of I-94 from the intersection of Portland Avenue South to 90.9the intersection of I-94 and the Burlington Northern Railroad tracks, the portion of the 90.10Burlington Northern Railroad tracks from I-94 to Main Street and including Nicollet 90.11Island, and the portion of Main Street to Hennepin Avenue and the portion of Hennepin 90.12Avenue between Main Street and 2nd Street S.E., and the portion of 2nd Street S.E. 90.13between Main Street and Bank Street, and the portion of Bank Street between 2nd Street 90.14S.E. and University Avenue S.E., and the portion of University Avenue S.E. between Bank 90.15Street and I-35W, and by I-35W from University Avenue S.E., to the river. The downtown 90.16taxing area excludes the area bounded on the south and west by Oak Grove Street, on the 90.17east by Spruce Place, and on the north by West 15th Street. new text begin The downtown taxing area new text end 90.18 new text begin also excludes any property located in a zoned area that is contained in chapter 546 of the new text end 90.19 new text begin Minneapolis zone code of ordinances on which a restaurant or liquor establishment is new text end 90.20 new text begin operated. new text end 90.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for sales made after July 31, 2012, new text end 90.22 new text begin provided that the proceeds of the tax collected between July 1, 2009, and July 31, 2012, new text end 90.23 new text begin by a restaurant or liquor establishment that is excluded from the downtown taxing area new text end 90.24 new text begin by this section, when collected by the commissioner of revenue, shall be deposited in the new text end 90.25 new text begin general fund of the state treasury. new text end 90.26    Sec. 5. Laws 1991, chapter 291, article 8, section 27, subdivision 3, as amended by 90.27Laws 1998, chapter 389, article 8, section 28, and Laws 2008, chapter 366, article 7, 90.28section 9, is amended to read: 90.29    Subd. 3. Use of revenues. Revenues received from taxes authorized by subdivisions 90.301 and 2 shall be used by the city to pay the cost of collecting the tax and to pay all or 90.31a portion of the expenses of constructing and improving facilities as part of an urban 90.32revitalization project in downtown Mankato known as Riverfront 2000. Authorized 90.33expenses include, but are not limited to, acquiring property and paying relocation expenses 90.34related to the development of Riverfront 2000 and related facilities, and securing or paying 90.35debt service on bonds or other obligations issued to finance the construction of Riverfront 91.12000 and related facilities. For purposes of this section, "Riverfront 2000 and related 91.2facilities" means a civic-convention center, an arena, a riverfront park, a technology center 91.3and related educational facilities, and all publicly owned real or personal property that 91.4the governing body of the city determines will be necessary to facilitate the use of these 91.5facilities, including but not limited to parking, skyways, pedestrian bridges, lighting, and 91.6landscaping. It also includes the performing arts theatre and the Southern Minnesota 91.7Women's Hockey Exposition Center, attached to the Mankato Civic Center for use by 91.8Minnesota State University, Mankato. 91.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after the governing body of new text end 91.10 new text begin the city of Mankato and its chief clerical officer comply with Minnesota Statutes, section new text end 91.11 new text begin 645.021, subdivisions 2 and 3. new text end 91.12    Sec. 6. Laws 2002, chapter 377, article 3, section 25, is amended to read: 91.13    Sec. 25. ROCHESTER LODGING TAX. 91.14    Subdivision 1. Authorization. Notwithstanding Minnesota Statutes, section 91.15469.190 or 477A.016, or any other law, the city of Rochester may impose an additional 91.16tax of one percent on the gross receipts from the furnishing for consideration of lodging at 91.17a hotel, motel, rooming house, tourist court, or resort, other than the renting or leasing of it 91.18for a continuous period of 30 days or more. 91.19     new text begin Subd. 1a. new text end new text begin Authorization. new text end new text begin Notwithstanding Minnesota Statutes, section 469.190 or new text end 91.20 new text begin 477A.016, or any other law, and in addition to the tax authorized by subdivision 1, the city new text end 91.21 new text begin of Rochester may impose an additional tax of one percent on the gross receipts from the new text end 91.22 new text begin furnishing for consideration of lodging at a hotel, motel, rooming house, tourist court, or new text end 91.23 new text begin resort, other than the renting or leasing of it for a continuous period of 30 days or more new text end 91.24 new text begin only upon (1) enactment of a law appropriating state money for construction costs of new text end 91.25 new text begin renovating, improving, or expanding the Mayo Civic Center Complex; and (2) approval of new text end 91.26 new text begin the city governing body of a total financial package for the project. new text end 91.27    Subd. 2. Disposition of proceeds. new text begin (a) new text end The gross proceeds from any new text begin the new text end tax imposed 91.28under subdivision 1 must be used by the city to fund a local convention or tourism bureau 91.29for the purpose of marketing and promoting the city as a tourist or convention center. 91.30 new text begin (b) The gross proceeds from the one percent tax imposed under subdivision 1a may new text end 91.31 new text begin be used to pay for (1) construction, renovation, improvement, and expansion of the Mayo new text end 91.32 new text begin Civic Center Complex and related skyway access, lighting, parking, or landscaping; new text end 91.33 new text begin and (2) for payment of any principal, interest, or premium on bonds issued to finance new text end 91.34 new text begin the Mayo Civic Center Complex. new text end 92.1     new text begin Subd. 3. new text end new text begin Expiration of taxing authority. new text end new text begin The authority of the city to impose a new text end 92.2 new text begin tax under subdivision 1a shall expire when the principal and interest on any bonds or new text end 92.3 new text begin other obligations issued to finance the Mayo Civic Center Complex and related skyway new text end 92.4 new text begin access, lighting, parking, or landscaping have been paid or at an earlier time as the city new text end 92.5 new text begin shall, by ordinance, determine. new text end 92.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after the governing body of new text end 92.7 new text begin the city of Rochester and its chief clerical officer comply with Minnesota Statutes, section new text end 92.8 new text begin 645.021, subdivisions 2 and 3. new text end 92.9    Sec. 7. Laws 2006, chapter 259, article 3, section 12, subdivision 3, is amended to read: 92.10    Subd. 3. Use of revenues. Revenues received from the taxes authorized by 92.11subdivisions 1 and 2 must be used to pay all or part of the capital costs of transportation 92.12projects included in the 2004 U.S. Highway 14-Owatonna Beltline Study by the Minnesota 92.13Department of Transportation, Steele County, and the city of Owatonna; regional parks 92.14and trail developments; and the West Hills complex, including the firehall, and library 92.15improvement projects; as described in the city resolution No. 4-06, Exhibit A, as adopted 92.16by the city on January 17, 2006. new text begin Notwithstanding the specific transportation projects new text end 92.17 new text begin described in city resolution No. 4-06, Exhibit A, the city may transfer up to $1,500,000 new text end 92.18 new text begin of the sales and use tax revenues from the Alexander Street to 39th Avenue Southwest new text end 92.19 new text begin project to the reconstruction of 18th Street Southwest from 24th Avenue Southwest to 39th new text end 92.20 new text begin Avenue West. new text end The amount paid from these revenues for transportation projects may not 92.21exceed $4,450,000 plus associated bond costs. The amount paid from these revenues for 92.22park and trail projects may not exceed $5,400,000 plus associated bond costs. The amount 92.23paid from these revenues for West Hills complex, fire hall, and library improvement 92.24projects may not exceed $2,823,000 plus associated bond costs. 92.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after compliance by the new text end 92.26 new text begin governing body of the city of Owatonna with Minnesota Statutes, section 645.021, new text end 92.27 new text begin subdivision 3. new text end 92.28    Sec. 8. Laws 2008, chapter 366, article 7, section 16, subdivision 3, is amended to read: 92.29    Subd. 3. Use of proceeds from authorized taxes. The proceeds of any tax imposed 92.30under subdivisions 1 and 2 shall be used by the city to pay all or a portion of the expenses 92.31of operation and maintenance of the Riverfront 2000 and related facilities, including a 92.32performing arts theatre and the Southern Minnesota Women's Hockey Exposition Center, 92.33attached to the Mankato Civic Center for use by Minnesota State University, Mankato. 93.1Authorized expenses include securing or paying debt service on bonds or other obligations 93.2issued to finance the construction of the facilities. 93.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after the governing body of new text end 93.4 new text begin the city of Mankato and its chief clerical officer comply with Minnesota Statutes, section new text end 93.5 new text begin 645.021, subdivisions 2 and 3. new text end 93.6    Sec. 9. new text begin ROCHESTER FOOD AND BEVERAGE TAX. new text end 93.7     new text begin Subdivision 1. new text end new text begin Authorization. new text end new text begin Notwithstanding Minnesota Statutes, section new text end 93.8 new text begin 477A.016, or any other law or charter provision, the city of Rochester may impose a tax of new text end 93.9 new text begin one percent on the gross receipts on all sales of food and beverages by restaurants and new text end 93.10 new text begin places of refreshment, as defined by resolution of the city, that occur in the city. For new text end 93.11 new text begin purposes of this section, "food and beverages" include retail on-sale of intoxicating liquor new text end 93.12 new text begin and fermented malt beverages. new text end 93.13     new text begin Subd. 2. new text end new text begin Use of proceeds. new text end new text begin The proceeds of this tax shall be used for (1) paying the new text end 93.14 new text begin cost of collection; (2) to pay for construction, renovation, improvement, and expansion new text end 93.15 new text begin of the Mayo Civic Center Complex and related skyway access, lighting, parking, or new text end 93.16 new text begin landscaping; and (3) for payment of any principal, interest, or premium on bonds issued to new text end 93.17 new text begin finance the Mayo Civic Center Complex. new text end 93.18     new text begin Subd. 3. new text end new text begin Imposition of the tax. new text end new text begin The tax under this section may only be imposed new text end 93.19 new text begin upon (1) enactment of a law appropriating state money for construction costs of new text end 93.20 new text begin renovating, improving, or expanding the Mayo Civic Center Complex; and (2) approval of new text end 93.21 new text begin the city governing body of a total financing package for the project. new text end 93.22     new text begin Subd. 4. new text end new text begin Expiration of taxing authority. new text end new text begin The authority granted under subdivision new text end 93.23 new text begin 1 to the city to impose a one percent tax on food and beverages shall expire when the new text end 93.24 new text begin principal and interest on any bonds or other obligations issued to finance the Mayo Civic new text end 93.25 new text begin Center Complex and related skyway access, lighting, parking, or landscaping have been new text end 93.26 new text begin paid or at an earlier time as the city shall, by ordinance, determine. new text end 93.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after the governing body of new text end 93.28 new text begin the city of Rochester and its chief clerical officer comply with Minnesota Statutes, section new text end 93.29 new text begin 645.021, subdivisions 2 and 3, and upon approval of the city governing body of a total new text end 93.30 new text begin financing package to renovate, improve, or expand the Mayo Civic Center Complex. new text end