SF 1450

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

Posted on 02/09/2010 02:21 a.m.

A bill for an act
relating to economic development; taxation; requiring the maintenance of
certain wood products facilities having certain state and local taxation and other
obligations; proposing coding for new law in Minnesota Statutes, chapter 90.

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

Section 1.

new text begin [90.43] DUTY TO MAINTAIN WOOD PRODUCTS FACILITY.
new text end

new text begin The owner or operator of a wood products facility shall maintain the facility in
salable operating condition for at least two years after it permanently discontinues
operation of the facility to ensure that public and utility investments in the facility are
protected and that the facility's tax and other obligations to state and local governments
and other residents of Minnesota created by contract or otherwise are satisfied. These
obligations include, in addition to any other obligations, any obligation created by "the
relief payment for timber sale permits" program created by Laws 2007, chapter 57, article
1, section 158. Specifically, and in addition to other obligations on an owner or operator,
this section prohibits the permanent removal from the facility of equipment necessary for
the facility's operation during the two-year period. The requirements of this section are
enforceable on all owners and operators and successors of owners and operators and shall
be enforced by the state in any action brought by the state or others, including actions in
bankruptcy. The attorney general shall bring action to prevent a violation or threatened
violation of this section. For the purpose of this section, "wood products facility" means a
lumber or other company facility that employed more than 100 employees at the facility
at any time in the five-year period immediately prior to discontinuing operations, had
permits to harvest timber used in that operation, and manufactured products derived
from wood at the facility.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies retroactively to the discontinuance of operation occurring on or after January
1, 2008.
new text end