HF 481

1st Committee Engrossment - 87th Legislature (2011 - 2012)

Posted on 03/19/2013 07:33 p.m.

1.1A bill for an act 1.2relating to taxation; making changes to property, aids, credits, payments, refunds, 1.3local sales and use, tax increment financing, aggregate material, and other 1.4taxes and tax-related provisions; making changes to the green acres and rural 1.5preserve programs; authorizing border city development zone powers and local 1.6taxes; modifying regional railroad authority provisions; repealing sustainable 1.7forest resource management incentive; authorizing grants to local governments 1.8for cooperation, consolidation, and service innovation; requiring reports; 1.9appropriating money;amending Minnesota Statutes 2010, sections 97A.061, 1.10subdivisions 1, 3; 270A.03, subdivision 7; 272.02, by adding a subdivision; 1.11273.111, subdivision 9, by adding a subdivision; 273.114, subdivisions 2, 5, 6; 1.12273.121, subdivision 1; 273.13, subdivisions 21b, 25, 34; 273.1384, subdivisions 1.131, 3, 4; 273.1393; 273.1398, subdivision 3; 275.025, subdivision 3; 275.066; 1.14275.08, subdivisions 1a, 1d; 276.04, subdivision 2; 279.01, subdivision 1; 1.15289A.50, subdivision 1; 290.01, subdivision 6; 290A.03, subdivisions 11, 1.1613; 290A.04, subdivisions 2, 4; 297A.99, subdivision 1; 298.75, by adding 1.17a subdivision; 398A.04, subdivision 8; 398A.07, subdivision 2; 469.1763, 1.18subdivision 2; 473.757, subdivisions 2, 11; 477A.011, by adding subdivisions; 1.19477A.0124, by adding a subdivision; 477A.013, subdivisions 8, 9, by adding 1.20a subdivision; 477A.03; 477A.11, subdivision 1; 477A.12, subdivision 1; 1.21477A.14, subdivision 1; 477A.17; Laws 1996, chapter 471, article 2, section 1.2229, subdivision 1, as amended; Laws 1998, chapter 389, article 8, section 1.2343, subdivisions 3, as amended, 4, as amended, 5, as amended; Laws 2008, 1.24chapter 366, article 7, section 19, subdivision 3; Laws 2010, chapter 389, article 1.257, section 22; proposing coding for new law in Minnesota Statutes, chapters 1.26275; 373; repealing Minnesota Statutes 2010, sections 10A.322, subdivision 4; 1.2713.4967, subdivision 2; 273.114, subdivision 1; 273.1384, subdivision 6; 279.01, 1.28subdivision 4; 290.06, subdivision 23; 290C.01; 290C.02; 290C.03; 290C.04; 1.29290C.05; 290C.055; 290C.06; 290C.07; 290C.08; 290C.09; 290C.10; 290C.11; 1.30290C.12; 290C.13; 477A.145. 1.31BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.1ARTICLE 1 2.2ECONOMIC DEVELOPMENT 2.3    Section 1. Minnesota Statutes 2010, section 469.1763, subdivision 2, is amended to 2.4read: 2.5    Subd. 2. Expenditures outside district. (a) For each tax increment financing 2.6district, an amount equal to at least 75 percent of the total revenue derived from tax 2.7increments paid by properties in the district must be expended on activities in the district 2.8or to pay bonds, to the extent that the proceeds of the bonds were used to finance activities 2.9in the district or to pay, or secure payment of, debt service on credit enhanced bonds. 2.10For districts, other than redevelopment districts for which the request for certification 2.11was made after June 30, 1995, the in-district percentage for purposes of the preceding 2.12sentence is 80 percent. Not more than 25 percent of the total revenue derived from tax 2.13increments paid by properties in the district may be expended, through a development fund 2.14or otherwise, on activities outside of the district but within the defined geographic area of 2.15the project except to pay, or secure payment of, debt service on credit enhanced bonds. 2.16For districts, other than redevelopment districts for which the request for certification was 2.17made after June 30, 1995, the pooling percentage for purposes of the preceding sentence is 2.1820 percent. The revenue derived from tax increments for the district that are expended on 2.19costs under section 469.176, subdivision 4h, paragraph (b), may be deducted first before 2.20calculating the percentages that must be expended within and without the district. 2.21    (b) In the case of a housing district, a housing project, as defined in section 469.174, 2.22subdivision 11 , is an activity in the district. 2.23    (c) All administrative expenses are for activities outside of the district, except that 2.24if the only expenses for activities outside of the district under this subdivision are for 2.25the purposes described in paragraph (d), administrative expenses will be considered as 2.26expenditures for activities in the district. 2.27    (d) The authority may elect, in the tax increment financing plan for the district, 2.28to increase by up to ten percentage points the permitted amount of expenditures for 2.29activities located outside the geographic area of the district under paragraph (a). As 2.30permitted by section 469.176, subdivision 4k, the expenditures, including the permitted 2.31expenditures under paragraph (a), need not be made within the geographic area of the 2.32project. Expenditures that meet the requirements of this paragraph are legally permitted 2.33expenditures of the district, notwithstanding section 469.176, subdivisions 4b, 4c, and 4j. 2.34To qualify for the increase under this paragraph, the expenditures must: 3.1    (1) be used exclusively to assist housing that meets the requirement for a qualified 3.2low-income building, as that term is used in section 42 of the Internal Revenue Code; new text begin and new text end 3.3    (2) not exceed the qualified basis of the housing, as defined under section 42(c) of 3.4the Internal Revenue Code, less the amount of any credit allowed under section 42 of 3.5the Internal Revenue Code; and 3.6    (3) be used to: 3.7    (i) acquire and prepare the site of the housing; 3.8    (ii) acquire, construct, or rehabilitate the housing; or 3.9    (iii) make public improvements directly related to the housing. new text begin ; or new text end 3.10 new text begin (4) be used to develop housing: new text end 3.11 new text begin (i) if the market value of the housing does not exceed the lesser of: new text end 3.12 new text begin (A) 150 percent of the average market of single-family homes in that municipality; or new text end 3.13 new text begin (B) $200,000 for municipalities located in the metropolitan area, as defined in new text end 3.14 new text begin section 473.121, or $125,000 for all other municipalities; and new text end 3.15 new text begin (ii) if the expenditures are used to pay the cost of site acquisition, relocation, new text end 3.16 new text begin demolition of existing structures, site preparation, and pollution abatement on one or new text end 3.17 new text begin more parcels, if the parcel: new text end 3.18 new text begin (A) contains a residence containing one to four family dwelling units that has been new text end 3.19 new text begin vacant for six or more months; new text end 3.20 new text begin (B) contains a residence containing one to four family dwelling units that is new text end 3.21 new text begin structurally substandard, as defined in section 469.174, subdivision 10; new text end 3.22 new text begin (C) is in foreclosure as defined in section 325N.10, subdivision 7, but without regard new text end 3.23 new text begin to whether the residence is the owner's principal residence, and a notice of pendency of the new text end 3.24 new text begin foreclosure has been recorded under section 580.032, except a notice of pendency is not new text end 3.25 new text begin required for a delinquency or default that relates to a contract for deed payment; or new text end 3.26 new text begin (D) is a vacant site, if the authority uses the parcel in connection with the new text end 3.27 new text begin development or redevelopment of a parcel qualifying under subitems (A) to (C). new text end 3.28    (e) For a district created within a biotechnology and health sciences industry zone 3.29as defined in section 469.330, subdivision 6, or for an existing district located within 3.30such a zone, tax increment derived from such a district may be expended outside of the 3.31district but within the zone only for expenditures required for the construction of public 3.32infrastructure necessary to support the activities of the zone, land acquisition, and other 3.33redevelopment costs as defined in section 469.176, subdivision 4j. These expenditures are 3.34considered as expenditures for activities within the district. 3.35 new text begin (f) The authority under paragraph (d), clause (4), expires on December 31, 2016. new text end 3.36 new text begin Increments may continue to be expended under this authority after that date, if they are new text end 4.1 new text begin used to pay bonds or binding contracts that would qualify under subdivision 3, paragraph new text end 4.2 new text begin (a), if December 31, 2016, is considered to be the last date of the five-year period after new text end 4.3 new text begin certification under that provision. new text end 4.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for any district that is subject to the new text end 4.5 new text begin provisions of section 469.1763, regardless of when the request for certification of the new text end 4.6 new text begin district was made. new text end 4.7    Sec. 2. Laws 2010, chapter 389, article 7, section 22, is amended to read: 4.8    Sec. 22. CITY OF RAMSEY; TAX INCREMENT FINANCING DISTRICT; 4.9SPECIAL RULES. 4.10(a) If the city of Ramsey or an authority of the city elects upon the adoption of a tax 4.11increment financing plan for a district, the rules under this section apply to a redevelopment 4.12tax increment financing district established by the city or an authority of the city. The 4.13redevelopment tax increment district includes parcels within the area bounded on the new text begin east new text end 4.14 new text begin by Ramsey Boulevard, on the new text end north by Bunker Lake Boulevard as extended west to Llama 4.15Street, on the west by Llama Street, and on the south by a line running parallel to and 4.16600 feet south of the southerly right-of-way for U.S. Highway 10, but including Parcels 4.1728-32-25-43-0007 and 28-32-25-34-0002 in their entirety, and excluding the Anoka 4.18County Regional Park property in its entirety. A parcel within this area that is included in 4.19a tax increment financing district that was certified before the date of enactment of this act 4.20may be included in the district created under this act if the initial district is decertified. 4.21(b) The requirements for qualifying a redevelopment tax increment district under 4.22Minnesota Statutes, section 469.174, subdivision 10, do not apply to the parcels located 4.23within the district. 4.24(c) In addition to the costs permitted by Minnesota Statutes, section 469.176, 4.25subdivision 4j , new text begin does not apply to the district. new text end Eligible expenditures within the district 4.26include new text begin but are not limited to (1) new text end the city's share of the costs necessary to provide for 4.27the construction of the Northstar Transit Station and related infrastructure, including 4.28structured parking, a pedestrian overpass, and roadway improvements new text begin , (2) the cost of new text end 4.29 new text begin land acquired by the city or the housing and redevelopment authority in and for the city new text end 4.30 new text begin of Ramsey within the district prior to the establishment of the district, and (3) the cost new text end 4.31 new text begin of public improvements installed within the tax increment financing district prior to the new text end 4.32 new text begin establishment of the district new text end . 4.33(d) The requirement of Minnesota Statutes, section 469.1763, subdivision 3, that 4.34activities must be undertaken within a five-year period from the date of certification of a 5.1tax increment financing district, is considered to be met for the district if the activities 5.2were undertaken within ten years from the date of certification of the district. 5.3(e) Except for administrative expenses, the in-district percentage for purposes of 5.4the restriction on pooling under Minnesota Statutes, section 469.1763, subdivision 2, for 5.5this district is 100 percent. 5.6 new text begin (f) The four-year period under Minnesota Statutes, section 469.176, subdivision new text end 5.7 new text begin 6, is extended to six years for the district. new text end 5.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective upon approval by the governing new text end 5.9 new text begin body of the city of Ramsey, and upon compliance by the city with Minnesota Statutes, new text end 5.10 new text begin section 645.021, subdivision 3. new text end 5.11    Sec. 3. new text begin CITY OF LINO LAKES; TAX INCREMENT FINANCING. new text end 5.12     new text begin Subdivision 1. new text end new text begin Duration of district. new text end new text begin Notwithstanding the provisions of Minnesota new text end 5.13 new text begin Statutes, section 469.176, subdivision 1b, the city of Lino Lakes may collect tax new text end 5.14 new text begin increments from tax increment financing district no. 1-10 through December 31, 2023, new text end 5.15 new text begin subject to the conditions in subdivision 2. new text end 5.16     new text begin Subd. 2. new text end new text begin Conditions for extension. new text end new text begin All tax increments remaining in the account new text end 5.17 new text begin for the district after February 1, 2011, and all tax increments collected thereafter, must new text end 5.18 new text begin be used only to pay debt service on bonds issued to finance the interchange of Anoka new text end 5.19 new text begin County Highway 23 and marked Interstate Highway 35W, bonds issued to finance public new text end 5.20 new text begin improvements serving the development known as Legacy at Woods Edge, and any bonds new text end 5.21 new text begin issued to refund those bonds. Minnesota Statutes, sections 469.176, subdivision 4c, and new text end 5.22 new text begin 469.1763 do not apply to expenditures made under this section. new text end 5.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective upon compliance by the governing new text end 5.24 new text begin body of the city of Lino Lakes with the requirements of Minnesota Statutes, sections new text end 5.25 new text begin 469.1782, subdivision 2, and 645.021, subdivision 3. new text end 5.26    Sec. 4. new text begin CITY OF TAYLORS FALLS; BORDER CITY DEVELOPMENT ZONE. new text end 5.27     new text begin Subdivision 1. new text end new text begin Authorization. new text end new text begin The governing body of the city of Taylors Falls may new text end 5.28 new text begin designate all or any part of the city as a border city development zone. new text end 5.29     new text begin Subd. 2. new text end new text begin Application of general law. new text end new text begin (a) Minnesota Statutes, sections 469.1731 to new text end 5.30 new text begin 469.1735, apply to the border city development zones designated under this section. The new text end 5.31 new text begin governing body of the city may exercise the powers granted under Minnesota Statutes, new text end 5.32 new text begin sections 469.1731 to 469.1735, including powers that apply outside of the zones. new text end 6.1 new text begin (b) The allocation under subdivision 3 for purposes of Minnesota Statutes, section new text end 6.2 new text begin 469.1735, subdivision 2, is appropriated to the commissioner of revenue. new text end 6.3     new text begin Subd. 3. new text end new text begin Allocation of state tax reductions. new text end new text begin (a) The cumulative total amount of the new text end 6.4 new text begin state portion of the tax reductions for all years of the program under Minnesota Statutes, new text end 6.5 new text begin sections 469.1731 to 469.1735, for the city of Taylors Falls, is limited to $100,000. new text end 6.6 new text begin (b) This allocation may be used for tax reductions provided in Minnesota Statutes, new text end 6.7 new text begin section 469.1732 or 469.1734, or for reimbursements under Minnesota Statutes, section new text end 6.8 new text begin 469.1735, subdivision 3, but only if the governing body of the city of Taylors Falls new text end 6.9 new text begin determines that the tax reduction or offset is necessary to enable a business to expand new text end 6.10 new text begin within the city or to attract a business to the city. new text end 6.11 new text begin (c) The commissioner of revenue may waive the limit under this subdivision using new text end 6.12 new text begin the same rules and standards provided in Minnesota Statutes, section 469.169, subdivision new text end 6.13 new text begin 12, paragraph (b). new text end 6.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 6.15ARTICLE 2 6.16LOCAL TAXES 6.17    Section 1. Minnesota Statutes 2010, section 297A.99, subdivision 1, is amended to 6.18read: 6.19    Subdivision 1. Authorization; scope. (a) A political subdivision of this state may 6.20impose a general sales tax (1) under section 297A.992, (2) under section 297A.993, (3) if 6.21permitted by special law enacted prior to May 20, 2008, or (4) if the political subdivision 6.22enacted and imposed the tax before January 1, 1982, and its predecessor provision. 6.23    (b) This section governs the imposition of a general sales tax by the political 6.24subdivision. The provisions of this section preempt the provisions of any special law: 6.25    (1) enacted before June 2, 1997, or 6.26    (2) enacted on or after June 2, 1997, that does not explicitly exempt the special law 6.27provision from this section's rules by reference. 6.28    (c) This section does not apply to or preempt a sales tax on motor vehicles or a 6.29special excise tax on motor vehicles. 6.30    (d) Until after May 31, 2010 new text begin 2013 new text end , a political subdivision may not advertise, 6.31promote, expend funds, or hold a referendum to support imposing a local option sales tax 6.32unless it is for extension of an existing tax or the tax was authorized by a special law 6.33enacted prior to May 20, 2008 new text begin May 24, 2011 new text end . 6.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 7.1    Sec. 2. Minnesota Statutes 2010, section 298.75, is amended by adding a subdivision 7.2to read: 7.3     new text begin Subd. 12. new text end new text begin Tax may be imposed; Pope County. new text end new text begin (a) If Pope County does not new text end 7.4 new text begin impose a tax under this section and approves imposition of the tax under this subdivision, new text end 7.5 new text begin Glenwood Township in Pope County may impose the aggregate materials tax under this new text end 7.6 new text begin section. new text end 7.7     new text begin (b) For purposes of exercising the powers contained in this section, the "township" is new text end 7.8 new text begin deemed to be the "county." new text end 7.9     new text begin (c) All provisions in this section apply to Glenwood Township, except that all new text end 7.10 new text begin proceeds of the tax must be retained by the township and used for the purposes described new text end 7.11 new text begin in subdivision 7. new text end 7.12     new text begin (d) If Pope County imposes an aggregate materials tax under this section, the tax new text end 7.13 new text begin imposed by Glenwood Township under this subdivision is repealed on the effective date new text end 7.14 new text begin of the Pope County tax. new text end 7.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after the governing body new text end 7.16 new text begin of Glenwood Township and its chief clerical officer comply with section 645.021, new text end 7.17 new text begin subdivisions 2 and 3. new text end 7.18    Sec. 3. Minnesota Statutes 2010, section 473.757, subdivision 2, is amended to read: 7.19    Subd. 2. Youth sports; library. To the extent funds are available from collections 7.20of the tax authorized by subdivision 10 after payment each year of debt service on the 7.21bonds authorized and issued under subdivision 9 and payments for the purposes described 7.22in subdivision 1, the county may also authorize, by resolution, and expend or make 7.23grants to the authority and to other governmental units and nonprofit organizations in an 7.24aggregate amount of up to $4,000,000 annually, increased by up to 1.5 percent annually 7.25to fund equally: (1) youth activities and youth and amateur sports within Hennepin 7.26County; and (2) the cost of extending the hours of operation of Hennepin County libraries 7.27and Minneapolis public libraries. 7.28The money provided under this subdivision is intended to supplement and not 7.29supplant county expenditures for these purposes as of May 27, 2006. 7.30Hennepin County must provide reports to the chairs of the committees and budget 7.31divisions in the senate and the house of representatives that have jurisdiction over 7.32education policy and funding, describing the uses of the money provided under this 7.33subdivision. The first report must be made by January 15, 2009, and subsequent reports 7.34must be made on January 15 of each subsequent odd-numbered year. 8.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 8.2    Sec. 4. Minnesota Statutes 2010, section 473.757, subdivision 11, is amended to read: 8.3    Subd. 11. Uses of tax. (a) Revenues received from the tax imposed under 8.4subdivision 10 may be used: 8.5(1) to pay costs of collection; 8.6(2) to pay or reimburse or secure the payment of any principal of, premium, or 8.7interest on bonds issued in accordance with this act; 8.8(3) to pay costs and make expenditures and grants described in this section, including 8.9financing costs related to them; 8.10(4) to maintain reserves for the foregoing purposes deemed reasonable and 8.11appropriate by the county; 8.12(5) to pay for operating costs of the ballpark authority other than the cost of 8.13operating or maintaining the ballpark; and 8.14(6) to make expenditures and grants for youth activities and amateur sports and 8.15extension of library hours as described in subdivision 2; 8.16and for no other purpose. 8.17(b) Revenues from the tax designated for use under paragraph (a), clause (5), must 8.18be deposited in the operating fund of the ballpark authority. 8.19(c) After completion of the ballpark and public infrastructure, the tax revenues not 8.20required for current payments of the expenditures described in paragraph (a), clauses (1) to 8.21(6), shall be used to (i) redeem or defease the bonds and (ii) prepay or establish a fund for 8.22payment of future obligations under grants or other commitments for future expenditures 8.23which are permitted by this section new text begin paragraph (a), clauses (1) to (5), but no additional tax new text end 8.24 new text begin revenues may be deposited in the fund when its balance exceeds $20,000,000 new text end . Upon the 8.25redemption or defeasance of the bonds and the establishment of reserves adequate to meet 8.26such future obligations, the taxes shall terminate and shall not be reimposed. 8.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 8.28    Sec. 5. Laws 1996, chapter 471, article 2, section 29, subdivision 1, as amended by 8.29Laws 2006, chapter 259, article 3, section 3, is amended to read: 8.30    Subdivision 1. Sales tax authorized. new text begin (a) new text end Notwithstanding Minnesota Statutes, 8.31section 477A.016, or any other contrary provision of law, ordinance, or city charter, the 8.32city of Hermantown may, by ordinance, impose an additional sales tax of up to one 8.33percent on sales transactions taxable pursuant to Minnesota Statutes, chapter 297A, that 9.1occur within the city. The proceeds of the tax imposed under this section must be used to 9.2meet the costs of: 9.3    (1) extending a sewer interceptor line; 9.4    (2) construction of a booster pump station, reservoirs, and related improvements 9.5to the water system; and 9.6    (3) construction of a building containing a police and fire station and an 9.7administrative services facility. 9.8 new text begin (b) If the city imposed a sales tax of only one-half of one percent under paragraph new text end 9.9 new text begin (a), it may increase the tax to one percent to fund the purposes under paragraph (a) new text end 9.10 new text begin provided it is approved by the voters at a general election held before December 31, 2012. new text end 9.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following compliance by the new text end 9.12 new text begin city of Hermantown with Minnesota Statutes, section 645.021, subdivision 3. new text end 9.13    Sec. 6. Laws 1998, chapter 389, article 8, section 43, subdivision 3, as amended by 9.14Laws 2005, First Special Session chapter 3, article 5, section 28, is amended to read: 9.15    Subd. 3. Use of revenues. new text begin (a) new text end Revenues received from the taxes authorized by 9.16subdivisions 1 and 2 must be used by the city to pay for the cost of collecting and 9.17administering the taxes and to pay for the following projects: 9.18    (1) transportation infrastructure improvements including regional highway and 9.19airport improvements; 9.20    (2) improvements to the civic center complex; 9.21    (3) a municipal water, sewer, and storm sewer project necessary to improve regional 9.22ground water quality; and 9.23    (4) construction of a regional recreation and sports center and other higher education 9.24facilities available for both community and student use. 9.25     new text begin (b) new text end The total amount of capital expenditures or bonds for these projects new text begin listed in new text end 9.26 new text begin paragraph (a) new text end that may be paid from the revenues raised from the taxes authorized in this 9.27section may not exceed $111,500,000. The total amount of capital expenditures or bonds 9.28for the project in clause (4) that may be paid from the revenues raised from the taxes 9.29authorized in this section may not exceed $28,000,000. 9.30 new text begin (c) In addition to the projects authorized in paragraph (a) and not subject to the new text end 9.31 new text begin amount stated in paragraph (b), the city of Rochester may, if approved by the voters at an new text end 9.32 new text begin election under subdivision 5, paragraph (c), use the revenues received from the taxes and new text end 9.33 new text begin bonds authorized in this section to pay the costs of or bonds for the following purposes: new text end 9.34 new text begin (1) $17,000,000 for capital expenditures and bonds for the following Olmsted new text end 9.35 new text begin County transportation infrastructure improvements: new text end 10.1 new text begin (i) County State Aid Highway 34 reconstruction; new text end 10.2 new text begin (ii) Trunk Highway 63 and County State Aid Highway 16 interchange; new text end 10.3 new text begin (iii) phase II of the Trunk Highway 52 and County State Aid Highway 22 new text end 10.4 new text begin interchange; new text end 10.5 new text begin (iv) widening of County State Aid Highway 22 West Circle Drive; and new text end 10.6 new text begin (v) 60th Avenue Northwest corridor preservation; new text end 10.7 new text begin (2) $30,000,000 for city transportation projects including: new text end 10.8 new text begin (i) Trunk Highway 52 and 65th Street interchange; new text end 10.9 new text begin (ii) NW transportation corridor acquisition; new text end 10.10 new text begin (iii) Phase I of the Trunk Highway 52 and County State Aid Highway 22 interchange; new text end 10.11 new text begin (iv) Trunk Highway 14 and Trunk Highway 63 intersection; new text end 10.12 new text begin (v) Southeast transportation corridor acquisition; new text end 10.13 new text begin (vi) Rochester International Airport expansion; and new text end 10.14 new text begin (vii) a transit operations center bus facility; new text end 10.15 new text begin (3) $14,000,000 for the Minnesota Rochester academic and complementary facilities; new text end 10.16 new text begin (4) $6,500,000 for the Rochester Community Center and Technical College/Winona new text end 10.17 new text begin State University career technical education and science and math facilities; new text end 10.18 new text begin (5) $6,000,000 for the Rochester Community Center and Technical College regional new text end 10.19 new text begin recreation facilities at University Center Rochester; new text end 10.20 new text begin (6) $20,000,000 for the Destination Medical Community Initiative; and new text end 10.21 new text begin (7) $8,000,000 for the regional public safety and 911 dispatch center facilities. new text end 10.22 new text begin (d) No revenues from the taxes raised from the taxes authorized in subdivisions 1 new text end 10.23 new text begin and 2 may be used to fund transportation improvements related to a railroad bypass that new text end 10.24 new text begin would divert traffic from the city of Rochester. new text end 10.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 10.26    Sec. 7. Laws 1998, chapter 389, article 8, section 43, subdivision 4, as amended by 10.27Laws 2005, First Special Session chapter 3, article 5, section 29, is amended to read: 10.28    Subd. 4. Bonding authority. (a) The city may issue bonds under Minnesota 10.29Statutes, chapter 475, to finance the capital expenditure and improvement projects. 10.30An election to approve up to $71,500,000 in bonds under Minnesota Statutes, section 10.31475.58 , may be held in combination with the election to authorize imposition of the tax 10.32under subdivision 1. Whether to permit imposition of the tax and issuance of bonds 10.33may be posed to the voters as a single question. The question must state that the sales 10.34tax revenues are pledged to pay the bonds, but that the bonds are general obligations 10.35and will be guaranteed by the city's property taxes. An election to approve up to an 11.1additional $40,000,000 of bonds under Minnesota Statutes, section 475.58, may be held 11.2in combination with the election to authorize extension of the tax under subdivision 5, 11.3paragraph (b). new text begin An election to approve bonds under Minnesota Statutes, section 475.58, new text end 11.4 new text begin in an amount not to exceed $101,500,000 plus an amount equal to the costs of issuance new text end 11.5 new text begin of the bonds, may be held in combination with the election to authorize the extension of new text end 11.6 new text begin the tax under subdivision 5, paragraph (c). new text end 11.7     new text begin (b) new text end The city may new text begin shall new text end enter into an agreement with Olmsted County under which the 11.8city and the county agree to jointly undertake and finance certain roadway infrastructure 11.9improvements. The agreement may new text begin shall new text end provide that the city will make available to the 11.10county a portion of the sales tax revenues collected pursuant to the authority granted in 11.11this section and the bonding authority provided in this subdivision. The county may, 11.12pursuant to the agreement, issue its general obligation bonds in a principal amount not 11.13exceeding the amount authorized by its agreement with the city payable primarily from 11.14the sales tax revenues from the city under the agreement. The county's bonds must be 11.15issued in accordance with the provisions of Minnesota Statutes, chapter 475, except that 11.16no election is required for the issuance of the bonds and the bonds are not included in 11.17the net debt of the county. 11.18    (b) new text begin (c) new text end The issuance of bonds under this subdivision is not subject to Minnesota 11.19Statutes, section 275.60. 11.20    (c) new text begin (d) new text end The bonds are not included in computing any debt limitation applicable to the 11.21city, and the levy of taxes under Minnesota Statutes, section 475.61, to pay principal of 11.22and interest on the bonds is not subject to any levy limitation. 11.23     new text begin (e) new text end The aggregate principal amount of bonds, plus the aggregate of the taxes used 11.24directly to pay eligible capital expenditures and improvements new text begin for projects listed in new text end 11.25 new text begin subdivision 3, paragraph (a), new text end may not exceed $111,500,000, plus an amount equal to the 11.26costs related to issuance of the bonds. new text begin The aggregate principal amount of bonds plus the new text end 11.27 new text begin aggregate of the taxes used directly to pay the costs of eligible projects under subdivision new text end 11.28 new text begin 3, paragraph (c), may not exceed $101,500,000 plus an amount equal to the costs of new text end 11.29 new text begin issuance of the bonds. new text end 11.30    (d) new text begin (f) new text end The taxes may be pledged to and used for the payment of the bonds and 11.31any bonds issued to refund them, only if the bonds and any refunding bonds are general 11.32obligations of the city. 11.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 11.34    Sec. 8. Laws 1998, chapter 389, article 8, section 43, subdivision 5, as amended by 11.35Laws 2005, First Special Session chapter 3, article 5, section 30, is amended to read: 12.1    Subd. 5. Termination of taxes. (a) The taxes imposed under subdivisions 1 and 12.22 expire at the later of (1) December 31, 2009, or (2) when the city council determines 12.3that sufficient funds have been received from the taxes to finance the first $71,500,000 12.4of capital expenditures and bonds for the projects authorized in subdivision 3, including 12.5the amount to prepay or retire at maturity the principal, interest, and premium due on any 12.6bonds issued for the projects under subdivision 4, unless the taxes are extended as allowed 12.7in paragraph (b). Any funds remaining after completion of the project and retirement or 12.8redemption of the bonds shall also be used to fund the projects under subdivision 3. The 12.9taxes imposed under subdivisions 1 and 2 may expire at an earlier time if the city so 12.10determines by ordinance. 12.11    (b) Notwithstanding Minnesota Statutes, sections 297A.99 and 477A.016, or any 12.12other contrary provision of law, ordinance, or city charter, the city of Rochester may, by 12.13ordinance, extend the taxes authorized in subdivisions 1 and 2 beyond December 31, 2009, 12.14if approved by the voters of the city at a special election in 2005 or the general election in 12.152006. The question put to the voters must indicate that an affirmative vote would allow 12.16up to an additional $40,000,000 of sales tax revenues be raised and up to $40,000,000 12.17of bonds to be issued above the amount authorized in the June 23, 1998, referendum for 12.18the projects specified in subdivision 3. If the taxes authorized in subdivisions 1 and 2 are 12.19extended under this paragraph, the taxes expire when the city council determines that 12.20sufficient funds have been received from the taxes to finance the projects and to prepay 12.21or retire at maturity the principal, interest, and premium due on any bonds issued for the 12.22projects under subdivision 4. Any funds remaining after completion of the project and 12.23retirement or redemption of the bonds may be placed in the general fund of the city. 12.24 new text begin (c) Notwithstanding Minnesota Statutes, sections new text end new text begin and new text end new text begin , or any new text end 12.25 new text begin other contrary provision of law, ordinance, or city charter, the city of Rochester may, by new text end 12.26 new text begin ordinance, extend the taxes authorized in subdivisions 1 and 2 beyond the date the city new text end 12.27 new text begin council determines that sufficient funds have been received from the taxes to finance new text end 12.28 new text begin $111,500,000 of expenditures and bonds for the projects authorized in subdivision 3, new text end 12.29 new text begin paragraph (a), plus an amount equal to the costs of issuance of the bonds and including new text end 12.30 new text begin the amount to prepay or retire at maturity the principal, interest, and premiums due on new text end 12.31 new text begin any bonds issued for the projects under subdivision 4, paragraph (a), if approved by the new text end 12.32 new text begin voters of the city at the general election in 2012. If the election to authorize the additional new text end 12.33 new text begin $101,500,000 of bonds plus an amount equal to the costs of the issuance of the bonds is new text end 12.34 new text begin placed on the general election ballot in 2012, the city may continue to collect the taxes new text end 12.35 new text begin authorized in subdivisions 1 and 2 until December 31, 2012. The question put to the new text end 12.36 new text begin voters must indicate that an affirmative vote would allow sales tax revenues be raised for new text end 13.1 new text begin an extended period of time and an additional $101,500,000 of bonds plus an amount new text end 13.2 new text begin equal to the costs of issuance of the bonds, to be issued above the amount authorized in new text end 13.3 new text begin the previous elections required under paragraphs (a) and (b) for the projects and amounts new text end 13.4 new text begin specified in subdivision 3. If the taxes authorized in subdivisions 1 and 2 are extended new text end 13.5 new text begin under this paragraph, the taxes expire when the city council determines that $101,500,000 new text end 13.6 new text begin has been received from the taxes to finance the projects plus an amount sufficient to new text end 13.7 new text begin prepay or retire at maturity the principal, interest, and premium due on any bonds issued new text end 13.8 new text begin for the projects under subdivision 4, including any bonds issued to refund the bonds. Any new text end 13.9 new text begin funds remaining after completion of the projects and retirement or redemption of the new text end 13.10 new text begin bonds may be placed in the general fund of the city. new text end 13.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after compliance by the new text end 13.12 new text begin governing body of the city of Rochester with Minnesota Statutes, section 645.021, new text end 13.13 new text begin subdivision 3. new text end 13.14    Sec. 9. Laws 2008, chapter 366, article 7, section 19, subdivision 3, is amended to read: 13.15    Subd. 3. Use of revenues. new text begin Notwithstanding Minnesota Statutes, section 297A.99, new text end 13.16 new text begin subdivision 3, paragraph (b), new text end the proceeds of the tax imposed under this section shall be 13.17used to pay for the costs of acquisition, construction, improvement, and development of 13.18a new text begin regional parks, bicycle trails, park land, open space, and new text end pedestrian bridge new text begin walkways, new text end 13.19 new text begin as described in the city improvement plan adopted by the city council by resolution on new text end 13.20 new text begin December 12, 2006 new text end , and land and buildings for a community and recreation center. The 13.21total amount of revenues from the taxes in subdivisions 1 and 2 that may be used to fund 13.22these projects is $12,000,000 plus any associated bond costs. 13.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after compliance by the new text end 13.24 new text begin governing body of the city of Clearwater with Minnesota Statutes, section 645.021, new text end 13.25 new text begin subdivisions 2 and 3. new text end 13.26    Sec. 10. new text begin CITY OF CLOQUET; TAXES AUTHORIZED. new text end 13.27     new text begin Subdivision 1. new text end new text begin Sales and use tax. new text end new text begin Notwithstanding Minnesota Statutes, section new text end 13.28 new text begin 297A.99, subdivision 1, 477A.016, or any other provision of law, ordinance, or city new text end 13.29 new text begin charter, if approved by the voters pursuant to Minnesota Statutes, section 297A.99, or at new text end 13.30 new text begin a special election held for this purpose, the city of Cloquet may impose by ordinance a new text end 13.31 new text begin sales and use tax of up to one-half of one percent for the purposes specified in subdivision new text end 13.32 new text begin 3. Except as provided in this section, the provisions of Minnesota Statutes, section new text end 14.1 new text begin 297A.99, govern the imposition, administration, collection, and enforcement of the tax new text end 14.2 new text begin authorized under this subdivision. new text end 14.3     new text begin Subd. 2. new text end new text begin Excise tax authorized. new text end new text begin Notwithstanding Minnesota Statutes, section new text end 14.4 new text begin 297A.99, subdivision 1, 477A.016, or any other provision of law, ordinance, or city new text end 14.5 new text begin charter, the city of Cloquet may impose by ordinance, for the purposes specified in new text end 14.6 new text begin subdivision 3, an excise tax of up to $20 per motor vehicle, as defined by ordinance, new text end 14.7 new text begin purchased or acquired from any person engaged within the city in the business of selling new text end 14.8 new text begin motor vehicles at retail. new text end 14.9     new text begin Subd. 3. new text end new text begin Use of revenues. new text end new text begin Revenues received from taxes authorized by subdivisions new text end 14.10 new text begin 1 and 2 must be used by the city to pay the cost of collecting the taxes and to pay for the new text end 14.11 new text begin following projects: new text end 14.12     new text begin (1) $4,500,000 for construction and completion of park improvement projects, new text end 14.13 new text begin including St. Louis River riverfront improvements; Veteran's Park construction and new text end 14.14 new text begin improvements; improvements to the Hilltop Park soccer complex and Braun Park baseball new text end 14.15 new text begin complex; capital equipment and building and grounds improvements at the Pine Valley new text end 14.16 new text begin Park/Pine Valley Hockey Arena/Cloquet Area Recreation Center; and development of new text end 14.17 new text begin pedestrian trails within the city; new text end 14.18     new text begin (2) $5,800,00 for extension of utilities and the construction of all improvements new text end 14.19 new text begin associated with the development of property adjacent to Highway 33 and Interstate new text end 14.20 new text begin Highway 35, including payment of all debt service on bonds issued for these; and new text end 14.21 new text begin (3) $6,200,000 for engineering and construction of infrastructure improvements, new text end 14.22 new text begin including, but not limited to, storm sewer, sanitary sewer, and water in areas identified as new text end 14.23 new text begin part of the city's comprehensive land use plan. new text end 14.24     new text begin Authorized expenses include, but are not limited to, acquiring property and paying new text end 14.25 new text begin construction expenses related to these improvements, and paying debt service on bonds or new text end 14.26 new text begin other obligations issued to finance acquisition and construction of these improvements. new text end 14.27     new text begin Subd. 4. new text end new text begin Bonding authority. new text end new text begin (a) The city may issue bonds under Minnesota new text end 14.28 new text begin Statutes, chapter 475, to pay capital and administrative expenses for the improvements new text end 14.29 new text begin described in subdivision 3 in an amount that does not exceed $16,500,000. An election to new text end 14.30 new text begin approve the bonds under Minnesota Statutes, section 475.58, is not required. new text end 14.31     new text begin (b) The issuance of bonds under this subdivision is not subject to Minnesota Statutes, new text end 14.32 new text begin sections 275.60 and 275.61. new text end 14.33     new text begin (c) The debt represented by the bonds is not included in computing any debt new text end 14.34 new text begin limitation applicable to the city, and any levy of taxes under Minnesota Statutes, section new text end 14.35 new text begin 475.61, to pay principal of and interest on the bonds is not subject to any levy limitation. new text end 15.1     new text begin Subd. 5. new text end new text begin Termination of taxes. new text end new text begin The taxes imposed under subdivisions 1 and 2 new text end 15.2 new text begin expire at the earlier of (1) 30 years, or (2) when the city council determines that the amount new text end 15.3 new text begin of revenues received from the taxes to finance the improvements described in subdivision new text end 15.4 new text begin 3 first equals or exceeds $16,500,000, plus the additional amount needed to pay the costs new text end 15.5 new text begin related to issuance of bonds under subdivision 4, including interest on the bonds. Any new text end 15.6 new text begin funds remaining after completion of the project and retirement or redemption of the bonds new text end 15.7 new text begin may be placed in the general fund of the city. The taxes imposed under subdivisions 1 and new text end 15.8 new text begin 2 may expire at an earlier time if the city so determines by ordinance. new text end 15.9 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 15.10 new text begin the city of Cloquet and its chief clerical officer timely comply with Minnesota Statutes, new text end 15.11 new text begin section 645.021, subdivisions 2 and 3. new text end 15.12    Sec. 11. new text begin CITY OF FERGUS FALLS; SALES AND USE TAX AUTHORIZED. new text end 15.13     new text begin Subdivision 1. new text end new text begin Sales and use tax. new text end new text begin Notwithstanding Minnesota Statutes, section new text end 15.14 new text begin 297A.99, subdivision 1, or 477A.016, or any other provision of law, ordinance, or city new text end 15.15 new text begin charter, as approved by the voters at the November 2, 2010 general election, the city new text end 15.16 new text begin of Fergus Falls may impose by ordinance a sales and use tax of up to one-half of one new text end 15.17 new text begin percent for the purposes specified in subdivision 2. Except as provided in this section, the new text end 15.18 new text begin provisions of Minnesota Statutes, section 297A.99, govern the imposition, administration, new text end 15.19 new text begin collection, and enforcement of the tax authorized under this subdivision. new text end 15.20     new text begin Subd. 2. new text end new text begin Use of revenues. new text end new text begin Revenues received from taxes authorized by subdivision new text end 15.21 new text begin 1 must be used by the city of Fergus Falls to pay the cost of collecting the tax and to pay for new text end 15.22 new text begin all or part of the costs of the acquisition and betterment of a regional community ice arena new text end 15.23 new text begin facility. Authorized expenses include, but are not limited to, acquiring property, predesign, new text end 15.24 new text begin design, and paying construction, furnishing, and equipment costs related to the facility and new text end 15.25 new text begin paying debt service on bonds or other obligations issued by the Fergus Falls Port Authority new text end 15.26 new text begin to finance the facility. The amount of revenues from the tax imposed under subdivision 1 new text end 15.27 new text begin that may be used to finance the facility and any associated costs is limited to $6,600,000. new text end 15.28     new text begin Subd. 3. new text end new text begin Termination of taxes. new text end new text begin The tax imposed under this section expires when new text end 15.29 new text begin the Fergus Falls City Council determines that sufficient funds have been received from new text end 15.30 new text begin the taxes to finance the facility and to prepay or retire at maturity the principal, interest, new text end 15.31 new text begin and premium due on any bonds, including refunding bonds, issued by the Fergus Falls new text end 15.32 new text begin Port Authority for the facility. Any funds remaining after completion of the facility and new text end 15.33 new text begin retirement or redemption of the bonds may be placed in the general fund of the city of new text end 15.34 new text begin Fergus Falls. The tax imposed under subdivision 1 may expire at an earlier time if the new text end 15.35 new text begin city so determines by ordinance. new text end 16.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after the governing body new text end 16.2 new text begin of the city of Fergus Falls and its chief clerical officer timely comply with Minnesota new text end 16.3 new text begin Statutes, section 645.021, subdivisions 2 and 3. new text end 16.4    Sec. 12. new text begin CITY OF HUTCHINSON; TAXES AUTHORIZED. new text end 16.5     new text begin Subdivision 1. new text end new text begin Sales and use tax. new text end new text begin Notwithstanding Minnesota Statutes, section new text end 16.6 new text begin 477A.016, or any other provision of law, ordinance, or city charter, as approved by new text end 16.7 new text begin the voters at a referendum held at the 2010 general election, the city of Hutchinson new text end 16.8 new text begin may impose by ordinance a sales and use tax of up to one-half of one percent for the new text end 16.9 new text begin purposes specified in subdivision 3. Except as otherwise provided in this section, new text end 16.10 new text begin Minnesota Statutes, section 297A.99, governs the imposition, administration, collection, new text end 16.11 new text begin and enforcement of the tax authorized under this subdivision. Minnesota Statutes, section new text end 16.12 new text begin 297A.99, subdivision 1, paragraph (d), does not apply to this section. new text end 16.13     new text begin Subd. 2. new text end new text begin Excise tax authorized. new text end new text begin Notwithstanding Minnesota Statutes, section new text end 16.14 new text begin 477A.016, or any other provision of law, ordinance, or city charter, the city of Hutchinson new text end 16.15 new text begin may impose by ordinance, for the purposes specified in subdivision 3, an excise tax of up new text end 16.16 new text begin to $20 per motor vehicle, as defined by ordinance, purchased or acquired from any person new text end 16.17 new text begin engaged within the city in the business of selling motor vehicles at retail. new text end 16.18     new text begin Subd. 3. new text end new text begin Use of revenues. new text end new text begin Revenues received from the taxes authorized by this new text end 16.19 new text begin section must be used to pay the cost of collecting and administering the tax and to finance new text end 16.20 new text begin the costs of constructing the water treatment facility and renovating the wastewater new text end 16.21 new text begin treatment facility in the city of Hutchinson. Authorized costs include, but are not limited new text end 16.22 new text begin to, construction and engineering costs of the projects and associated bond costs. new text end 16.23     new text begin Subd. 4. new text end new text begin Termination of tax. new text end new text begin The taxes authorized under subdivisions 1 and 2 new text end 16.24 new text begin terminate at the earlier of: (1) 18 years after the date of initial imposition of the tax; or new text end 16.25 new text begin (2) when the Hutchinson City Council determines that the amount of revenues raised is new text end 16.26 new text begin sufficient to pay for the projects under subdivision 3, plus the amount needed to finance new text end 16.27 new text begin the capital and administrative costs for the projects specified in subdivision 3, and to repay new text end 16.28 new text begin or retire at maturity the principal, interest, and premium due on any bonds issued for the new text end 16.29 new text begin projects. Any funds remaining after completion of the projects specified in subdivision new text end 16.30 new text begin 3 and retirement or redemption of the associated bonds may be placed in the general new text end 16.31 new text begin fund of the city. The taxes imposed under subdivisions 1 and 2 may expire at an earlier new text end 16.32 new text begin time if the city so determines by ordinance. new text end 16.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after compliance by the new text end 16.34 new text begin governing body of the city of Hutchinson with Minnesota Statutes, section 645.021, new text end 16.35 new text begin subdivisions 2 and 3. new text end 17.1    Sec. 13. new text begin CITY OF LANESBORO; SALES AND USE TAX AUTHORIZED. new text end 17.2     new text begin Subdivision 1. new text end new text begin Sales and use tax authorized. new text end new text begin Notwithstanding Minnesota Statutes, new text end 17.3 new text begin sections 297A.99, subdivision 1, and 477A.016, or any other provision of law, ordinance, new text end 17.4 new text begin or city charter, as approved by the voters at the November 2, 2010, general election, the new text end 17.5 new text begin city of Lanesboro may impose by ordinance a sales and use tax of up to one-half of one new text end 17.6 new text begin percent for the purposes specified in subdivision 2. Except as provided in this section, new text end 17.7 new text begin the provisions of Minnesota Statutes, section 297A.99, govern the imposition of the tax new text end 17.8 new text begin authorized under this subdivision. new text end 17.9     new text begin Subd. 2. new text end new text begin Use of revenues. new text end new text begin Revenues received from the tax authorized under new text end 17.10 new text begin subdivision 1 must be used by the city of Lanesboro to pay the costs of collecting the tax new text end 17.11 new text begin and to pay for all or a part of the improvements to city streets and utility systems, and the new text end 17.12 new text begin betterment of city municipal buildings consisting of (i) street and utility improvements to new text end 17.13 new text begin Calhoun Avenue, Fillmore Avenue, Kenilworth Avenue, Pleasant Street, Kirkwood Street, new text end 17.14 new text begin Auburn Avenue, and Zenith Street, and street light replacement on State Highways 250 new text end 17.15 new text begin and 16; (ii) improvements to utility systems consisting of wastewater treatment facility new text end 17.16 new text begin improvements and electric utility improvements to the Lanesboro High Hazard Dam; and new text end 17.17 new text begin (iii) improvements to the Lanesboro community center, library, and city hall, including new text end 17.18 new text begin paying debt service on bonds or other obligations issued to fund these projects under new text end 17.19 new text begin subdivision 3. The total amount of revenues from the taxes in subdivision 1 that may be new text end 17.20 new text begin used to fund these projects is $800,000 plus any associated bond costs. new text end 17.21     new text begin Subd. 3. new text end new text begin Bonding authority. new text end new text begin The city of Lanesboro may issue bonds under new text end 17.22 new text begin Minnesota Statutes, chapter 475, to pay capital and administrative expenses related to the new text end 17.23 new text begin projects authorized in subdivision 2. An election to approve the bonds under Minnesota new text end 17.24 new text begin Statutes, section 475.58, is not required. The issuance of bonds under this subdivision new text end 17.25 new text begin is not subject to Minnesota Statutes, sections 275.60 and 275.61. The bonds are not new text end 17.26 new text begin included in computing any debt limitation applicable to the city and the levy of taxes new text end 17.27 new text begin under Minnesota Statutes, section 475.61, to pay principal and interest on the bonds is new text end 17.28 new text begin not subject to any levy limitation. new text end 17.29 new text begin The aggregate principal amount of the bonds plus the aggregate of the taxes used new text end 17.30 new text begin directly to pay costs of the projects listed in subdivision 2 may not exceed $800,000, plus new text end 17.31 new text begin an amount equal to the costs related to issuance of the bonds and capitalized interest. new text end 17.32 new text begin The taxes authorized in subdivision 1 may be pledged and used for payments of new text end 17.33 new text begin the bonds and bonds issued to refund them, only if the bonds and any refunding bonds new text end 17.34 new text begin are general obligations of the city. new text end 17.35     new text begin Subd. 4. new text end new text begin Termination of tax. new text end new text begin The tax imposed under subdivision 1 expires when new text end 17.36 new text begin the Lanesboro City Council determines that sufficient funds have been raised from the new text end 18.1 new text begin taxes to finance the projects authorized under subdivision 2 and to prepay or retire at new text end 18.2 new text begin maturity the principal, interest, and premium due on any bonds issued under subdivision 3. new text end 18.3 new text begin Any funds remaining after completion of the project and retirement or redemption of the new text end 18.4 new text begin bonds may be placed in the general fund of the city. The tax imposed under subdivision 1 new text end 18.5 new text begin may expire at an earlier time if the city so determines by ordinance. new text end 18.6 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 18.7 new text begin the city of Lanesboro and its chief clerical officer comply with Minnesota Statutes, section new text end 18.8 new text begin 645.021, subdivisions 2 and 3. new text end 18.9    Sec. 14. new text begin CITY OF MARSHALL; SALES AND USE TAX. new text end 18.10     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 18.11 new text begin 297A.99, subdivisions 1 and 2, or 477A.016, or any other law, ordinance, or city charter, new text end 18.12 new text begin the city of Marshall, if approved by the voters at a general election held within two new text end 18.13 new text begin years of the date of final enactment of this section, may impose the tax authorized under new text end 18.14 new text begin subdivision 2. Two separate ballot questions must be presented to the voters, one for each new text end 18.15 new text begin of the two facility projects named in subdivision 3. new text end 18.16     new text begin Subd. 2. new text end new text begin Sales and use tax authorized. new text end new text begin The city of Marshall may impose by new text end 18.17 new text begin ordinance a sales and use tax of up to one-half of one percent for the purposes specified in new text end 18.18 new text begin subdivision 3. The provisions of Minnesota Statutes, section 297A.99, except subdivisions new text end 18.19 new text begin 1 and 2, govern the imposition, administration, collection, and enforcement of the tax new text end 18.20 new text begin authorized under this subdivision. new text end 18.21     new text begin Subd. 3. new text end new text begin Use of sales and use tax revenues. new text end new text begin The revenues derived from the tax new text end 18.22 new text begin authorized under subdivision 2 must be used by the city of Marshall to pay the costs of new text end 18.23 new text begin collecting and administering the sales and use tax and to pay all or part of the costs of the new text end 18.24 new text begin new and existing facilities of the Minnesota Emergency Response and Industry Training new text end 18.25 new text begin Center and all or part of the costs of the new facilities of the Southwest Minnesota new text end 18.26 new text begin Regional Amateur Sports Center. Authorized expenses include, but are not limited to, new text end 18.27 new text begin acquiring property, predesign, design, and paying construction, furnishing, and equipment new text end 18.28 new text begin costs related to these facilities and paying debt service on bonds or other obligations issued new text end 18.29 new text begin by the city of Marshall under subdivision 4 to finance the capital costs of these facilities. new text end 18.30     new text begin Subd. 4. new text end new text begin Bonds. new text end new text begin (a) If the imposition of a sales and use tax is approved by the voters, new text end 18.31 new text begin the city of Marshall may issue bonds under Minnesota Statutes, chapter 475, to finance all new text end 18.32 new text begin or a portion of the costs of the facilities authorized in subdivision 3, and may issue bonds new text end 18.33 new text begin to refund bonds previously issued. The aggregate principal amount of bonds issued under new text end 18.34 new text begin this subdivision may not exceed $17,290,000, plus an amount to be applied to the payment new text end 19.1 new text begin of the costs of issuing the bonds. The bonds may be paid from or secured by any funds new text end 19.2 new text begin available to the city of Marshall, including the tax authorized under subdivision 2. new text end 19.3 new text begin (b) The bonds are not included in computing any debt limitation applicable to the new text end 19.4 new text begin city of Marshall, and any levy of taxes under Minnesota Statutes, section 475.61, to pay new text end 19.5 new text begin principal and interest on the bonds, is not subject to any levy limitation. A separate new text end 19.6 new text begin election to approve the bonds under Minnesota Statutes, section 475.58, is not required. new text end 19.7     new text begin Subd. 5. new text end new text begin Termination of taxes. new text end new text begin The tax imposed under subdivision 2 expires at the new text end 19.8 new text begin earlier of (1) 15 years after the tax is first imposed, or (2) when the city council determines new text end 19.9 new text begin that the amount of revenues received from the tax to pay for the capital and administrative new text end 19.10 new text begin costs of the facilities under subdivision 3 first equals or exceeds the amount authorized to new text end 19.11 new text begin be spent for the facilities plus the additional amount needed to pay the costs related to new text end 19.12 new text begin issuance of the bonds under subdivision 4, including interest on the bonds. Any funds new text end 19.13 new text begin remaining after payment of all such costs and retirement or redemption of the bonds shall new text end 19.14 new text begin be placed in the general fund of the city. The tax imposed under subdivision 2 may expire new text end 19.15 new text begin at an earlier time if the city so determines by ordinance. new text end 19.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after compliance by the new text end 19.17 new text begin governing body of the city of Marshall with Minnesota Statutes, section 645.021, new text end 19.18 new text begin subdivision 3. new text end 19.19    Sec. 15. new text begin CITY OF MEDFORD; SALES AND USE TAX. new text end 19.20     new text begin Subdivision 1. new text end new text begin Sales and use tax authorized. new text end new text begin Notwithstanding Minnesota Statutes, new text end 19.21 new text begin sections 297A.99, subdivision 1, and 477A.016, or any other provision of law, ordinance, new text end 19.22 new text begin or city charter, if approved by the voters pursuant to Minnesota Statutes, section 297A.99, new text end 19.23 new text begin at the next general election, the city of Medford may impose by ordinance a sales and use new text end 19.24 new text begin tax of one-half of one percent for the purposes specified in subdivision 2. Except as new text end 19.25 new text begin otherwise provided in this section, the provisions of Minnesota Statutes, section 297A.99, new text end 19.26 new text begin govern the imposition, administration, collection, and enforcement of the tax authorized new text end 19.27 new text begin under this subdivision. new text end 19.28     new text begin Subd. 2. new text end new text begin Use of revenues. new text end new text begin The proceeds of the tax imposed under this section must new text end 19.29 new text begin be used by the city of Medford to pay the costs of collecting and administering the tax new text end 19.30 new text begin and to repay loans received from the Minnesota Public Facilities Authority since 2007 new text end 19.31 new text begin that were used to finance $4,200,000 of improvements to the city's water and wastewater new text end 19.32 new text begin systems. new text end 19.33     new text begin Subd. 3. new text end new text begin Termination of taxes. new text end new text begin The tax imposed under this section expires at the new text end 19.34 new text begin earlier of (1) 20 years after the date the taxes are first imposed, or (2) when the Medford new text end 19.35 new text begin City Council determines that the amount of revenues received from the tax equals or new text end 20.1 new text begin exceeds the sum of loans made to the city by the Minnesota Public Facilities Authority new text end 20.2 new text begin as described in subdivision 2, including interest on the loans. Any funds remaining new text end 20.3 new text begin after completion of the repayment of the loans may be placed in the general fund of the new text end 20.4 new text begin city. The tax imposed under subdivision 1 may expire at an earlier time if the city so new text end 20.5 new text begin determines by ordinance. new text end 20.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after compliance by the new text end 20.7 new text begin governing body of the city of Medford with Minnesota Statutes, section 645.021, new text end 20.8 new text begin subdivision 3. new text end 20.9    Sec. 16. new text begin REPORT ON THE USE OF ZIP CODES IN COLLECTING AND new text end 20.10 new text begin REMITTING LOCAL SALES TAXES. new text end 20.11     new text begin Subdivision 1. new text end new text begin Report to the legislature. new text end new text begin By March 1, 2012, the commissioner new text end 20.12 new text begin of revenue shall provide a report to the chairs and ranking minority members of the new text end 20.13 new text begin legislative committees with jurisdiction over local sales taxes reporting on the current use new text end 20.14 new text begin of zip codes for the purposes of collecting and remitting local sales taxes, problems with new text end 20.15 new text begin the current system, and suggestions for improvements. new text end 20.16     new text begin Subd. 2. new text end new text begin Contents of the report. new text end new text begin The report shall include the following information: new text end 20.17 new text begin (1) the current status of the department's development of a system that allows new text end 20.18 new text begin vendors to identify the correct local sales tax based on a street address and the five-digit new text end 20.19 new text begin zip code, as described in Minnesota Statutes, section 297A.99, subdivision 10, including a new text end 20.20 new text begin list of cities and townships that impose a local sales tax or do not impose a local sales tax new text end 20.21 new text begin but share a zip code with a jurisdiction in which a local sales tax is imposed for which the new text end 20.22 new text begin system has not been developed; new text end 20.23 new text begin (2) a priority list and timeline for developing the required system outlined in new text end 20.24 new text begin Minnesota Statutes, section 297A.99, subdivision 10, for the cities and townships new text end 20.25 new text begin identified in clause (1); new text end 20.26 new text begin (3) the compliance by businesses with the requirement in Minnesota Statutes, section new text end 20.27 new text begin 297A.99, subdivision 10, that the tax be collected on the lowest combined rate within the new text end 20.28 new text begin zip code for cities and townships identified in clause (1); new text end 20.29 new text begin (4) the accuracy of the crediting and remittance of local sales taxes to the appropriate new text end 20.30 new text begin taxing jurisdiction when two contiguous cities with different local sales tax authority new text end 20.31 new text begin share a zip code; and new text end 20.32 new text begin (5) recommendations for administrative or statutory changes to improve the accurate new text end 20.33 new text begin collection and allocation of local sales tax revenues collected by the Department of new text end 20.34 new text begin Revenue. new text end 21.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 21.2ARTICLE 3 21.3PROPERTY TAXES 21.4    Section 1. Minnesota Statutes 2010, section 272.02, is amended by adding a 21.5subdivision to read: 21.6     new text begin Subd. 95. new text end new text begin Electric generation facility; personal property. new text end new text begin (a) Notwithstanding new text end 21.7 new text begin subdivision 9, clause (a), and section 453.54, subdivision 20, attached machinery and other new text end 21.8 new text begin personal property that is part of a multiple reciprocating engine electric generation facility new text end 21.9 new text begin that adds more than 20 and less than 30 megawatts of installed capacity at a site where new text end 21.10 new text begin there is presently more than ten megawatts and fewer than 15 megawatts of installed new text end 21.11 new text begin capacity and that meets the requirements of this subdivision is exempt from taxation and new text end 21.12 new text begin from payments in lieu of taxation. At the time of construction, the facility must: new text end 21.13 new text begin (1) be designed to utilize natural gas as a primary fuel; new text end 21.14 new text begin (2) be owned and operated by a municipal power agency as defined in section new text end 21.15 new text begin 453.52, subdivision 8; new text end 21.16 new text begin (3) be located within one mile of an existing natural gas pipeline; new text end 21.17 new text begin (4) be designed to have black start capability and to furnish emergency backup new text end 21.18 new text begin power service to the city in which it is located; new text end 21.19 new text begin (5) satisfy a resource deficiency identified in an approved integrated resource plan new text end 21.20 new text begin filed under section 216B.2422; and new text end 21.21 new text begin (6) have received, by resolution, the approval of the governing bodies of the city new text end 21.22 new text begin and county in which it is located for the exemption of personal property provided by new text end 21.23 new text begin this subdivision. new text end 21.24 new text begin (b) Construction of the facility must be commenced after December 31, 2011, and new text end 21.25 new text begin before January 1, 2015. Property eligible for this exemption does not include (i) electric new text end 21.26 new text begin transmission lines and interconnections or gas pipelines and interconnections appurtenant new text end 21.27 new text begin to the property or the facility; or (ii) property located on the site on the enactment date new text end 21.28 new text begin of this subdivision. new text end 21.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for assessments in 2012, taxes new text end 21.30 new text begin payable in 2013, and thereafter. new text end 21.31    Sec. 2. Minnesota Statutes 2010, section 273.121, subdivision 1, is amended to read: 21.32    Subdivision 1. Notice. Any county assessor or city assessor having the powers of a 21.33county assessor, valuing or classifying taxable real property shall in each year notify those 22.1persons whose property is to be included on the assessment roll that year if the person's 22.2address is known to the assessor, otherwise the occupant of the property. The notice shall 22.3be in writing and shall be sent by ordinary mail at least ten days before the meeting of 22.4the local board of appeal and equalization under section 274.01 or the review process 22.5established under section 274.13, subdivision 1c. Upon written request by the owner of the 22.6property, the assessor may send the notice in electronic form or by electronic mail instead 22.7of on paper or by ordinary mail. It shall contain: (1) the market value for the current and 22.8prior assessment, (2) the limited market value under section 273.11, subdivision 1a, for 22.9the current and prior assessment, (3) the qualifying amount of any improvements under 22.10section 273.11, subdivision 16, for the current assessment, (4) new text begin (3) new text end the market value subject 22.11to taxation after subtracting the amount of any qualifying improvements for the current 22.12assessment, (5) new text begin (4) new text end the classification of the property for the current and prior assessment, 22.13(6) a note that if the property is homestead and at least 45 years old, improvements made 22.14to the property may be eligible for a valuation exclusion under section 273.11, subdivision 22.1516 , (7) new text begin (5) new text end the assessor's office address, and (8) new text begin (6) new text end the dates, places, and times set for the 22.16meetings of the local board of appeal and equalization, the review process established 22.17under section 274.13, subdivision 1c, and the county board of appeal and equalization. new text begin If new text end 22.18 new text begin the classification of the property has changed between the current and prior assessments, a new text end 22.19 new text begin specific note to that effect shall be prominently listed on the statement. new text end The commissioner 22.20of revenue shall specify the form of the notice. The assessor shall attach to the assessment 22.21roll a statement that the notices required by this section have been mailed. Any assessor 22.22who is not provided sufficient funds from the assessor's governing body to provide such 22.23notices, may make application to the commissioner of revenue to finance such notices. 22.24The commissioner of revenue shall conduct an investigation and, if satisfied that the 22.25assessor does not have the necessary funds, issue a certification to the commissioner 22.26of management and budget of the amount necessary to provide such notices. The 22.27commissioner of management and budget shall issue a warrant for such amount and shall 22.28deduct such amount from any state payment to such county or municipality. The necessary 22.29funds to make such payments are hereby appropriated. Failure to receive the notice shall in 22.30no way affect the validity of the assessment, the resulting tax, the procedures of any board 22.31of review or equalization, or the enforcement of delinquent taxes by statutory means. 22.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for notifications for taxes payable in new text end 22.33 new text begin 2013 and thereafter. new text end 22.34    Sec. 3. Minnesota Statutes 2010, section 273.13, subdivision 25, is amended to read: 23.1    Subd. 25. Class 4. (a) Class 4a is residential real estate containing four or more 23.2units and used or held for use by the owner or by the tenants or lessees of the owner 23.3as a residence for rental periods of 30 days or more, excluding property qualifying for 23.4class 4d. Class 4a also includes hospitals licensed under sections 144.50 to 144.56, other 23.5than hospitals exempt under section 272.02, and contiguous property used for hospital 23.6purposes, without regard to whether the property has been platted or subdivided. The 23.7market value of class 4a property has a class rate of 1.25 percent. 23.8    (b) Class 4b includes: 23.9    (1) residential real estate containing less than four units that does not qualify as class 23.104bb, other than seasonal residential recreational property; 23.11    (2) manufactured homes not classified under any other provision; 23.12    (3) a dwelling, garage, and surrounding one acre of property on a nonhomestead 23.13farm classified under subdivision 23, paragraph (b) containing two or three units; and 23.14    (4) unimproved property that is classified residential as determined under subdivision 23.1533. 23.16    The market value of class 4b property has a class rate of 1.25 percent. 23.17    (c) Class 4bb includes: 23.18    (1) nonhomestead residential real estate containing one unit, other than seasonal 23.19residential recreational property; and 23.20    (2) a single family dwelling, garage, and surrounding one acre of property on a 23.21nonhomestead farm classified under subdivision 23, paragraph (b). 23.22    Class 4bb property has the same class rates as class 1a property under subdivision 22. 23.23    Property that has been classified as seasonal residential recreational property at 23.24any time during which it has been owned by the current owner or spouse of the current 23.25owner does not qualify for class 4bb. 23.26    (d) Class 4c property includes: 23.27    (1) except as provided in subdivision 22, paragraph (c), real and personal property 23.28devoted to new text begin commercial new text end temporary and seasonal residential occupancy for recreation 23.29purposes, including real and personal property devoted to temporary and seasonal 23.30residential occupancy for recreation purposes and not devoted to commercial purposes for 23.31 new text begin not new text end more than 250 days in the year preceding the year of assessment. For purposes of this 23.32clause, property is devoted to a commercial purpose on a specific day if any portion of the 23.33property is used for residential occupancy, and a fee is charged for residential occupancy. 23.34Class 4c property under this clause must contain three or more rental units. A "rental unit" 23.35is defined as a cabin, condominium, townhouse, sleeping room, or individual camping site 23.36equipped with water and electrical hookups for recreational vehicles. Class 4c property 24.1under this clause must provide recreational activities such as renting ice fishing houses, 24.2boats and motors, snowmobiles, downhill or cross-country ski equipment; provide marina 24.3services, launch services, or guide services; or sell bait and fishing tackle. A camping pad 24.4offered for rent by a property that otherwise qualifies for class 4c under this clause is also 24.5class 4c under this clause regardless of the term of the rental agreement, as long as the use 24.6of the camping pad does not exceed 250 days. In order for a property to be classified as 24.7class 4c, seasonal residential recreational for commercial purposes under this clause, new text begin either new text end 24.8 new text begin (i) the business located on the property must provide recreational activities, new text end at least 40 24.9percent of the annual gross lodging receipts related to the property must be from business 24.10conducted during 90 consecutive days new text begin , new text end and either (i) new text begin (A) new text end at least 60 percent of all paid 24.11bookings by lodging guests during the year must be for periods of at least two consecutive 24.12nights; or (ii) new text begin (B) new text end at least 20 percent of the annual gross receipts must be from charges 24.13for rental of fish houses, boats and motors, snowmobiles, downhill or cross-country ski 24.14equipment, or charges for marina services, launch services, and guide services, or the sale 24.15of bait and fishing tackle new text begin providing recreational activities new text end new text begin , or (ii) the business must contain new text end 24.16 new text begin 20 or fewer rental units, and must be located in a township or a city with a population of new text end 24.17 new text begin 2,500 or less located outside the metropolitan area, as defined under section 473.121, new text end 24.18 new text begin subdivision 2, that contains a portion of a state trail administered by the Department of new text end 24.19 new text begin Natural Resources new text end . For purposes of this determination new text begin item (i)(A) new text end , a paid booking of 24.20five or more nights shall be counted as two bookings. Class 4c property classified under 24.21this clause also includes commercial use real property used exclusively for recreational 24.22purposes in conjunction with other class 4c property classified under this clause and 24.23devoted to temporary and seasonal residential occupancy for recreational purposes, up to a 24.24total of two acres, provided the property is not devoted to commercial recreational use for 24.25more than 250 days in the year preceding the year of assessment and is located within two 24.26miles of the class 4c property with which it is used. Owners of real and personal property 24.27devoted to temporary and seasonal residential occupancy for recreation purposes and all 24.28or a portion of which was devoted to commercial purposes for not more than 250 days in 24.29the year preceding the year of assessment desiring classification as class 4c, new text begin In order for a new text end 24.30 new text begin property to qualify for classification under this clause, the owner new text end must submit a declaration 24.31to the assessor designating the cabins or units occupied for 250 days or less in the year 24.32preceding the year of assessment by January 15 of the assessment year. Those cabins or 24.33units and a proportionate share of the land on which they are located must be designated 24.34class 4c under this clause as otherwise provided. The remainder of the cabins or units and 24.35a proportionate share of the land on which they are located will be designated as class 3a. 24.36The owner of property desiring designation as class 4c property under this clause must 25.1provide guest registers or other records demonstrating that the units for which class 4c 25.2designation is sought were not occupied for more than 250 days in the year preceding the 25.3assessment if so requested. The portion of a property operated as a (1) restaurant, (2) bar, 25.4(3) gift shop, (4) conference center or meeting room, and (5) other nonresidential facility 25.5operated on a commercial basis not directly related to temporary and seasonal residential 25.6occupancy for recreation purposes does not qualify for class 4c new text begin . For the purposes of this new text end 25.7 new text begin paragraph, "recreational activities" means renting ice fishing houses, boats and motors, new text end 25.8 new text begin snowmobiles, downhill or cross-country ski equipment; providing marina services, launch new text end 25.9 new text begin services, or guide services; or selling bait and fishing tackle new text end ; 25.10    (2) qualified property used as a golf course if: 25.11    (i) it is open to the public on a daily fee basis. It may charge membership fees or 25.12dues, but a membership fee may not be required in order to use the property for golfing, 25.13and its green fees for golfing must be comparable to green fees typically charged by 25.14municipal courses; and 25.15    (ii) it meets the requirements of section 273.112, subdivision 3, paragraph (d). 25.16    A structure used as a clubhouse, restaurant, or place of refreshment in conjunction 25.17with the golf course is classified as class 3a property; 25.18    (3) real property up to a maximum of three acres of land owned and used by a 25.19nonprofit community service oriented organization and not used for residential purposes 25.20on either a temporary or permanent basis, provided that: 25.21    (i) the property is not used for a revenue-producing activity for more than six days 25.22in the calendar year preceding the year of assessment; or 25.23    (ii) the organization makes annual charitable contributions and donations at least 25.24equal to the property's previous year's property taxes and the property is allowed to be 25.25used for public and community meetings or events for no charge, as appropriate to the 25.26size of the facility. 25.27    For purposes of this clause, 25.28    (A) "charitable contributions and donations" has the same meaning as lawful 25.29gambling purposes under section 349.12, subdivision 25, excluding those purposes 25.30relating to the payment of taxes, assessments, fees, auditing costs, and utility payments; 25.31    (B) "property taxes" excludes the state general tax; 25.32    (C) a "nonprofit community service oriented organization" means any corporation, 25.33society, association, foundation, or institution organized and operated exclusively for 25.34charitable, religious, fraternal, civic, or educational purposes, and which is exempt from 25.35federal income taxation pursuant to section 501(c)(3), (8), (10), or (19) of the Internal 25.36Revenue Code; and 26.1    (D) "revenue-producing activities" shall include but not be limited to property or that 26.2portion of the property that is used as an on-sale intoxicating liquor or 3.2 percent malt 26.3liquor establishment licensed under chapter 340A, a restaurant open to the public, bowling 26.4alley, a retail store, gambling conducted by organizations licensed under chapter 349, an 26.5insurance business, or office or other space leased or rented to a lessee who conducts a 26.6for-profit enterprise on the premises. 26.7Any portion of the property not qualifying under either item (i) or (ii) is class 3a. The use 26.8of the property for social events open exclusively to members and their guests for periods 26.9of less than 24 hours, when an admission is not charged nor any revenues are received by 26.10the organization shall not be considered a revenue-producing activity. 26.11    The organization shall maintain records of its charitable contributions and donations 26.12and of public meetings and events held on the property and make them available upon 26.13request any time to the assessor to ensure eligibility. An organization meeting the 26.14requirement under item (ii) must file an application by May 1 with the assessor for 26.15eligibility for the current year's assessment. The commissioner shall prescribe a uniform 26.16application form and instructions; 26.17    (4) postsecondary student housing of not more than one acre of land that is owned by 26.18a nonprofit corporation organized under chapter 317A and is used exclusively by a student 26.19cooperative, sorority, or fraternity for on-campus housing or housing located within two 26.20miles of the border of a college campus; 26.21    (5) (i) manufactured home parks as defined in section 327.14, subdivision 3, 26.22excluding manufactured home parks described in section 273.124, subdivision 3a, and (ii) 26.23manufactured home parks as defined in section 327.14, subdivision 3, that are described in 26.24section 273.124, subdivision 3a; 26.25    (6) real property that is actively and exclusively devoted to indoor fitness, health, 26.26social, recreational, and related uses, is owned and operated by a not-for-profit corporation, 26.27and is located within the metropolitan area as defined in section 473.121, subdivision 2; 26.28    (7) a leased or privately owned noncommercial aircraft storage hangar not exempt 26.29under section 272.01, subdivision 2, and the land on which it is located, provided that: 26.30    (i) the land is on an airport owned or operated by a city, town, county, Metropolitan 26.31Airports Commission, or group thereof; and 26.32    (ii) the land lease, or any ordinance or signed agreement restricting the use of the 26.33leased premise, prohibits commercial activity performed at the hangar. 26.34    If a hangar classified under this clause is sold after June 30, 2000, a bill of sale must 26.35be filed by the new owner with the assessor of the county where the property is located 26.36within 60 days of the sale; 27.1    (8) a privately owned noncommercial aircraft storage hangar not exempt under 27.2section 272.01, subdivision 2, and the land on which it is located, provided that: 27.3    (i) the land abuts a public airport; and 27.4    (ii) the owner of the aircraft storage hangar provides the assessor with a signed 27.5agreement restricting the use of the premises, prohibiting commercial use or activity 27.6performed at the hangar; and 27.7    (9) residential real estate, a portion of which is used by the owner for homestead 27.8purposes, and that is also a place of lodging, if all of the following criteria are met: 27.9    (i) rooms are provided for rent to transient guests that generally stay for periods 27.10of 14 or fewer days; 27.11    (ii) meals are provided to persons who rent rooms, the cost of which is incorporated 27.12in the basic room rate; 27.13    (iii) meals are not provided to the general public except for special events on fewer 27.14than seven days in the calendar year preceding the year of the assessment; and 27.15    (iv) the owner is the operator of the property. 27.16The market value subject to the 4c classification under this clause is limited to five rental 27.17units. Any rental units on the property in excess of five, must be valued and assessed as 27.18class 3a. The portion of the property used for purposes of a homestead by the owner must 27.19be classified as class 1a property under subdivision 22; 27.20    (10) real property up to a maximum of three acres and operated as a restaurant 27.21as defined under section 157.15, subdivision 12, provided it: (A) is located on a lake 27.22as defined under section 103G.005, subdivision 15, paragraph (a), clause (3); and (B) 27.23is either devoted to commercial purposes for not more than 250 consecutive days, or 27.24receives at least 60 percent of its annual gross receipts from business conducted during 27.25four consecutive months. Gross receipts from the sale of alcoholic beverages must be 27.26included in determining the property's qualification under subitem (B). The property's 27.27primary business must be as a restaurant and not as a bar. Gross receipts from gift shop 27.28sales located on the premises must be excluded. Owners of real property desiring 4c 27.29classification under this clause must submit an annual declaration to the assessor by 27.30February 1 of the current assessment year, based on the property's relevant information for 27.31the preceding assessment year; and 27.32(11) lakeshore and riparian property and adjacent land, not to exceed six acres, used 27.33as a marina, as defined in section 86A.20, subdivision 5, which is made accessible to 27.34the public and devoted to recreational use for marina services. The marina owner must 27.35annually provide evidence to the assessor that it provides services, including lake or river 27.36access to the public by means of an access ramp or other facility that is either located on 28.1the property of the marina or at a publicly owned site that abuts the property of the marina. 28.2No more than 800 feet of lakeshore may be included in this classification. Buildings used 28.3in conjunction with a marina for marina services, including but not limited to buildings 28.4used to provide food and beverage services, fuel, boat repairs, or the sale of bait or fishing 28.5tackle, are classified as class 3a property new text begin ; and new text end 28.6 new text begin (12) real and personal property devoted to noncommercial temporary and seasonal new text end 28.7 new text begin residential occupancy for recreation purposes new text end . 28.8    Class 4c property has a class rate of 1.5 percent of market value, except that (i) 28.9each parcel of new text begin noncommercial new text end seasonal residential recreational property not used for 28.10commercial purposes new text begin under clause (12) new text end has the same class rates as class 4bb property, (ii) 28.11manufactured home parks assessed under clause (5), item (i), have the same class rate 28.12as class 4b property, and the market value of manufactured home parks assessed under 28.13clause (5), item (ii), has the same class rate as class 4d property if more than 50 percent 28.14of the lots in the park are occupied by shareholders in the cooperative corporation or 28.15association and a class rate of one percent if 50 percent or less of the lots are so occupied, 28.16(iii) commercial-use seasonal residential recreational property and marina recreational 28.17land as described in clause (11), has a class rate of one percent for the first $500,000 of 28.18market value, and 1.25 percent for the remaining market value, (iv) the market value of 28.19property described in clause (4) has a class rate of one percent, (v) the market value of 28.20property described in clauses (2), (6), and (10) has a class rate of 1.25 percent, and (vi) 28.21that portion of the market value of property in clause (9) qualifying for class 4c property 28.22has a class rate of 1.25 percent. 28.23    (e) Class 4d property is qualifying low-income rental housing certified to the assessor 28.24by the Housing Finance Agency under section 273.128, subdivision 3. If only a portion 28.25of the units in the building qualify as low-income rental housing units as certified under 28.26section 273.128, subdivision 3, only the proportion of qualifying units to the total number 28.27of units in the building qualify for class 4d. The remaining portion of the building shall be 28.28classified by the assessor based upon its use. Class 4d also includes the same proportion of 28.29land as the qualifying low-income rental housing units are to the total units in the building. 28.30For all properties qualifying as class 4d, the market value determined by the assessor must 28.31be based on the normal approach to value using normal unrestricted rents. 28.32    Class 4d property has a class rate of 0.75 percent. 28.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2012 and new text end 28.34 new text begin thereafter. new text end 28.35    Sec. 4. Minnesota Statutes 2010, section 273.13, subdivision 34, is amended to read: 29.1    Subd. 34. Homestead of disabled veteran new text begin or family caregiver new text end . (a) All or a portion 29.2of the market value of property owned by a veteran or by the veteran and the new text begin and serving new text end 29.3 new text begin as the new text end veteran's spouse qualifying for homestead classification under subdivision 22 or 23 new text begin , new text end 29.4is excluded in determining the property's taxable market value if it serves as the homestead 29.5of a military veteran, as defined in section , who has a service-connected disability 29.6of 70 percent or more new text begin as certified by the United States Department of Veterans Affairs new text end . 29.7To qualify for exclusion under this subdivision, the veteran must have been honorably 29.8discharged from the United States armed forces, as indicated by United States Government 29.9Form DD214 or other official military discharge papers, and must be certified by the 29.10United States Veterans Administration as having a service-connected disability. 29.11    (b)(1) For a disability rating of 70 percent or more, $150,000 of market value is 29.12excluded, except as provided in clause (2); and 29.13    (2) for a total (100 percent) and permanent disability, $300,000 of market value is 29.14excluded. 29.15    (c) If new text begin : new text end 29.16 new text begin (1) new text end a disabled veteran qualifying for a valuation exclusion under paragraph (b), 29.17clause (2), new text begin ; or new text end 29.18 new text begin (2) a member of any branch or unit of the United States armed forces who dies due new text end 29.19 new text begin to a service-connected cause while serving honorably in active service, as indicated on new text end 29.20 new text begin United States Government Form DD1300 or DD2064; new text end 29.21predeceases the veteran's new text begin or service member's new text end spouse, and if upon the death of the veteran 29.22 new text begin or service member new text end the spouse holds the legal or beneficial title to the homestead and 29.23permanently resides there, the exclusion shall carry over to the benefit of the veteran's 29.24spouse for one additional assessment year new text begin the current taxes payable year and for five new text end 29.25 new text begin additional taxes payable years new text end or until such time as the spouse new text begin remarries, or new text end sells, transfers, 29.26or otherwise disposes of the property, whichever comes first. 29.27 new text begin (d) A surviving spouse qualifying for a market valuation exclusion under paragraph new text end 29.28 new text begin (c), clause (2), is eligible for the same level of benefit as that described in paragraph new text end 29.29 new text begin (b), clause (2). new text end 29.30 new text begin (e) If a veteran meets the disability criteria of paragraph (a) but does not own new text end 29.31 new text begin property classified as homestead in the state of Minnesota, then the homestead of the new text end 29.32 new text begin veteran's primary family caregiver, if any, is eligible for the exclusion that the veteran new text end 29.33 new text begin would otherwise qualify for under paragraph (b). new text end 29.34    (d) new text begin (f) new text end In the case of an agricultural homestead, only the portion of the property 29.35consisting of the house and garage and immediately surrounding one acre of land qualifies 29.36for the valuation exclusion under this subdivision. 30.1    (e) new text begin (g) new text end A property qualifying for a valuation exclusion under this subdivision is 30.2not eligible for the credit under section 273.1384, subdivision 1, or classification under 30.3subdivision 22, paragraph (b). 30.4    (f) new text begin (h) new text end To qualify for a valuation exclusion under this subdivision a property owner 30.5must apply to the assessor by July 1 of each assessment year, except that an annual 30.6reapplication is not required once a property has been accepted for a valuation exclusion 30.7under new text begin paragraph (a) and qualifies for the benefit described in new text end paragraph (b), clause (2), and 30.8the property continues to qualify until there is a change in ownership. 30.9 new text begin (i) A first-time application by a qualifying spouse for the market value exclusion new text end 30.10 new text begin under paragraph (c), clause (2), may be made at any time during the year of or year new text end 30.11 new text begin following the death of the veteran or service member who predeceased the spouse. new text end 30.12 new text begin (j) For purposes of this subdivision: new text end 30.13 new text begin (1) "active service" has the meaning given in section 190.05; new text end 30.14 new text begin (2) "own" means that the person's name is present as an owner on the property deed; new text end 30.15 new text begin (3) "primary family caregiver" means a person who is approved by the secretary of new text end 30.16 new text begin the United States Department of Veterans Affairs for assistance as the primary provider new text end 30.17 new text begin of personal care services for an eligible veteran under the Program of Comprehensive new text end 30.18 new text begin Assistance for Family Caregivers, as established by Public Law 111–163 and codified as new text end 30.19 new text begin United States Code, title 38, section 1720G, as amended by Congress at any time; and new text end 30.20 new text begin (4) "veteran" has the meaning given the term in section 197.447. new text end 30.21 new text begin (k) The purpose of this provision of law providing a level of homestead property tax new text end 30.22 new text begin relief for gravely disabled veterans, their primary family caregivers, and their surviving new text end 30.23 new text begin spouses is to help ease the burdens of war for those among our state's citizens who bear new text end 30.24 new text begin those burdens most heavily. new text end 30.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for assessment year 2011 and new text end 30.26 new text begin thereafter, for taxes payable in 2012 and thereafter. new text end 30.27    Sec. 5. Minnesota Statutes 2010, section 275.025, subdivision 3, is amended to read: 30.28    Subd. 3. Seasonal residential recreational tax capacity. For the purposes of this 30.29section, "seasonal residential recreational tax capacity" means the tax capacity of tier III 30.30of class 1c under section 273.13, subdivision 22, and all class 4c(1) and new text begin , new text end 4c(3)(ii) new text begin , and new text end 30.31 new text begin 4c(12) new text end property under section 273.13, subdivision 25, except that the first $76,000 of 30.32market value of each noncommercial class 4c(1) new text begin 4c(12) new text end property has a tax capacity for this 30.33purpose equal to 40 percent of its tax capacity under section 273.13. 31.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2012 and new text end 31.2 new text begin thereafter. new text end 31.3    Sec. 6. Minnesota Statutes 2010, section 275.066, is amended to read: 31.4275.066 SPECIAL TAXING DISTRICTS; DEFINITION. 31.5    For the purposes of property taxation and property tax state aids, the term "special 31.6taxing districts" includes the following entities: 31.7    (1) watershed districts under chapter 103D; 31.8    (2) sanitary districts under sections 115.18 to 115.37; 31.9    (3) regional sanitary sewer districts under sections 115.61 to 115.67; 31.10    (4) regional public library districts under section 134.201; 31.11    (5) park districts under chapter 398; 31.12    (6) regional railroad authorities under chapter 398A; 31.13    (7) hospital districts under sections 447.31 to 447.38; 31.14    (8) new text begin (7) new text end St. Cloud Metropolitan Transit Commission under sections 458A.01 to 31.15458A.15 ; 31.16    (9) new text begin (8) new text end Duluth Transit Authority under sections 458A.21 to 458A.37; 31.17    (10) new text begin (9) new text end regional development commissions under sections 462.381 to 462.398; 31.18    (11) new text begin (10) new text end housing and redevelopment authorities under sections 469.001 to 469.047; 31.19    (12) new text begin (11) new text end port authorities under sections 469.048 to 469.068; 31.20    (13) new text begin (12) new text end economic development authorities under sections 469.090 to 469.1081; 31.21    (14) new text begin (13) new text end Metropolitan Council under sections 473.123 to 473.549; 31.22    (15) new text begin (14) new text end Metropolitan Airports Commission under sections 473.601 to 473.680; 31.23    (16) new text begin (15) new text end Metropolitan Mosquito Control Commission under sections 473.701 to 31.24473.716 ; 31.25    (17) new text begin (16) new text end Morrison County Rural Development Financing Authority under Laws 31.261982, chapter 437, section 1; 31.27    (18) new text begin (17) new text end Croft Historical Park District under Laws 1984, chapter 502, article 13, 31.28section 6; 31.29    (19) new text begin (18) new text end East Lake County Medical Clinic District under Laws 1989, chapter 211, 31.30sections 1 to 6; 31.31    (20) new text begin (19) new text end Floodwood Area Ambulance District under Laws 1993, chapter 375, 31.32article 5, section 39; 31.33    (21) new text begin (20) new text end Middle Mississippi River Watershed Management Organization under 31.34sections 103B.211 and 103B.241; 31.35    (22) new text begin (21) new text end emergency medical services special taxing districts under section 144F.01; 32.1    (23) new text begin (22) new text end a county levying under the authority of section 103B.241, 103B.245, 32.2or 103B.251; 32.3    (24) new text begin (23) new text end Southern St. Louis County Special Taxing District; Chris Jensen Nursing 32.4Home under Laws 2003, First Special Session chapter 21, article 4, section 12; 32.5    (25) new text begin (24) new text end an airport authority created under section 360.0426; and 32.6    (26) new text begin (25) new text end any other political subdivision of the state of Minnesota, excluding 32.7counties, school districts, cities, and towns, that has the power to adopt and certify a 32.8property tax levy to the county auditor, as determined by the commissioner of revenue. 32.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2012 and new text end 32.10 new text begin thereafter. new text end 32.11    Sec. 7. new text begin [275.761] MAINTENANCE OF EFFORT REQUIREMENTS new text end 32.12 new text begin SUSPENDED. new text end 32.13 new text begin (a) Notwithstanding any law to the contrary and except as provided in paragraphs new text end 32.14 new text begin (b) and (c), all maintenance of effort requirements for counties, including but not limited new text end 32.15 new text begin to those under sections 116L.872, 134.34, 245.4835, 245.4932, 245.714, 256F.10, and new text end 32.16 new text begin 256F.13, are suspended. new text end 32.17 new text begin (b) This section does not permit a county to suspend compliance with maintenance new text end 32.18 new text begin of effort requirements to the extent that the suspension would: new text end 32.19 new text begin (1) require the state to expend additional money or incur additional costs; or new text end 32.20 new text begin (2) cause a reduction in the receipt by the state or the county of federal funds. new text end 32.21 new text begin (c) The commissioner of management and budget may determine the maintenance new text end 32.22 new text begin of effort requirements that are not permitted, in whole or in part, to be suspended under new text end 32.23 new text begin paragraph (b). The commissioner shall publish these determinations on the department's new text end 32.24 new text begin Web site and no county may suspend compliance with a maintenance of effort requirement new text end 32.25 new text begin that the commissioner determines is not subject to suspension. new text end 32.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for maintenance of effort new text end 32.27 new text begin requirements in calendar years 2012 and 2013. new text end 32.28    Sec. 8. Minnesota Statutes 2010, section 279.01, subdivision 1, is amended to read: 32.29    Subdivision 1. Due dates; penalties. Except as provided in subdivision 3 or 4, on 32.30May 16 or 21 days after the postmark date on the envelope containing the property tax 32.31statement, whichever is later, a penalty accrues and thereafter is charged upon all unpaid 32.32taxes on real estate on the current lists in the hands of the county treasurer. The penalty is 32.33at a rate of two percent on homestead property until May 31 and four percent on June 1. 33.1The penalty on nonhomestead property is at a rate of four percent until May 31 and eight 33.2percent on June 1. This penalty does not accrue until June 1 of each year, or 21 days after 33.3the postmark date on the envelope containing the property tax statements, whichever is 33.4later, on commercial use real property used for seasonal residential recreational purposes 33.5and classified as class 1c or 4c, and on other commercial use real property classified as 33.6class 3a, provided that over 60 percent of the gross income earned by the enterprise on the 33.7class 3a property is earned during the months of May, June, July, and August. In order 33.8for the first half of the tax due on class 3a property to be paid after May 15 and before 33.9June 1, or 21 days after the postmark date on the envelope containing the property tax 33.10statement, whichever is later, without penalty, the owner of the property must attach 33.11an affidavit to the payment attesting to compliance with the income provision of this 33.12subdivision. Thereafter, for both homestead and nonhomestead property, on the first day 33.13of each month beginning July 1, up to and including October 1 following, an additional 33.14penalty of one percent for each month accrues and is charged on all such unpaid taxes 33.15provided that if the due date was extended beyond May 15 as the result of any delay in 33.16mailing property tax statements no additional penalty shall accrue if the tax is paid by the 33.17extended due date. If the tax is not paid by the extended due date, then all penalties that 33.18would have accrued if the due date had been May 15 shall be charged. When the taxes 33.19against any tract or lot exceed $100, one-half thereof may be paid prior to May 16 or 33.2021 days after the postmark date on the envelope containing the property tax statement, 33.21whichever is later; and, if so paid, no penalty attaches; the remaining one-half may be 33.22paid at any time prior to October 16 following, without penalty; but, if not so paid, then 33.23a penalty of two percent accrues thereon for homestead property and a penalty of four 33.24percent on nonhomestead property. Thereafter, for homestead property, on the first day 33.25of November an additional penalty of four new text begin two new text end percent accrues and on the first day of 33.26December following, an additional penalty of two percent accrues and is charged on all 33.27such unpaid taxes. Thereafter, for nonhomestead property, on the first day of November 33.28and December following, an additional penalty of four percent for each month accrues 33.29and is charged on all such unpaid taxes. If one-half of such taxes are not paid prior to 33.30May 16 or 21 days after the postmark date on the envelope containing the property tax 33.31statement, whichever is later, the same may be paid at any time prior to October 16, with 33.32accrued penalties to the date of payment added, and thereupon no penalty attaches to the 33.33remaining one-half until October 16 following. 33.34    This section applies to payment of personal property taxes assessed against 33.35improvements to leased property, except as provided by section 277.01, subdivision 3. 34.1    A county may provide by resolution that in the case of a property owner that has 34.2multiple tracts or parcels with aggregate taxes exceeding $100, payments may be made in 34.3installments as provided in this subdivision. 34.4    The county treasurer may accept payments of more or less than the exact amount of 34.5a tax installment due. Payments must be applied first to the oldest installment that is due 34.6but which has not been fully paid. If the accepted payment is less than the amount due, 34.7payments must be applied first to the penalty accrued for the year or the installment being 34.8paid. Acceptance of partial payment of tax does not constitute a waiver of the minimum 34.9payment required as a condition for filing an appeal under section 278.03 or any other law, 34.10nor does it affect the order of payment of delinquent taxes under section 280.39. 34.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2012 and new text end 34.12 new text begin thereafter. new text end 34.13    Sec. 9. Minnesota Statutes 2010, section 398A.04, subdivision 8, is amended to read: 34.14    Subd. 8. Taxation. Before deciding to exercise the power to tax, the authority shall 34.15give six weeks' published notice in all municipalities in the region. If a number of voters 34.16in the region equal to five percent of those who voted for candidates for governor at the 34.17last gubernatorial election present a petition within nine weeks of the first published notice 34.18to the secretary of state requesting that the matter be submitted to popular vote, it shall be 34.19submitted at the next general election. The question prepared shall be: 34.20"Shall the regional rail authority have the power to impose a property tax? 34.21 Yes ..... 34.22 No ..... " 34.23If a majority of those voting on the question approve or if no petition is presented 34.24within the prescribed time the authority may levy a tax at any annual rate not exceeding 34.250.04835 percent of market value of all taxable property situated within the municipality 34.26or municipalities named in its organization resolution. Its recording officer shall file, new text begin All new text end 34.27 new text begin taxes imposed for the support of the authority must be imposed by the county board and new text end 34.28 new text begin included in the county budget for all purposes, including levy limits, if any. If the authority new text end 34.29 new text begin consists of more than one county, the authority must determine the total levy request and new text end 34.30 new text begin apportion it among the member counties as provided in the joint resolution organizing the new text end 34.31 new text begin authority. new text end On or before September 15, in the office of the county auditor of each county 34.32in which territory under the jurisdiction of the authority is located a certified copy of the 34.33board of commissioners' resolution levying the tax, and each county auditor shall assess 34.34and extend upon the tax rolls of each municipality named in the organization resolution the 34.35portion of the tax that bears the same ratio to the whole amount that the net tax capacity of 35.1taxable property in that municipality bears to the net tax capacity of taxable property in 35.2all municipalities named in the organization resolution. Collections of the tax shall be 35.3remitted by each county treasurer to the treasurer of the authority. For taxes levied in 1991, 35.4the amount levied for light rail transit purposes under this subdivision shall not exceed 75 35.5percent of the amount levied in 1990 for light rail transit purposes under this subdivision. 35.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2012 and new text end 35.7 new text begin thereafter. new text end 35.8    Sec. 10. Minnesota Statutes 2010, section 398A.07, subdivision 2, is amended to read: 35.9    Subd. 2. Security. Bonds may be made payable exclusively from the revenues from 35.10one or more projects, or from one or more revenue producing contracts, or from the 35.11authority's revenues generally, including but not limited to specified taxes which the 35.12 new text begin county may levy on behalf of the new text end authority may levy or which a particular municipality 35.13may agree to levy for a specified purpose, and may be additionally secured by a pledge 35.14of any grant, subsidy, or contribution from any public agency, including but not limited 35.15to a participating municipality, or any income or revenues from any source. They may 35.16be secured by a mortgage or deed of trust of the whole or any part of the property of the 35.17authority. They shall be payable solely from the revenues, funds, and property pledged or 35.18mortgaged for their payment. No commissioner, officer, employee, agent, or trustee of the 35.19authority shall be liable personally on its bonds or be subject to any personal liability or 35.20accountability by reason of their issuance. Neither the state nor new text begin Only new text end a county or other 35.21municipality except the authority may pledge its faith and credit or taxing power or shall 35.22be obligated in any manner for the payment of the bonds or interest on them, except as 35.23specifically provided by agreement under section 398A.06; but nothing herein shall affect 35.24the obligation of the state or municipality to perform any contract made by it with the 35.25authority, and when the authority's rights under a contract with the state or a municipality 35.26are pledged by the authority for the security of its bonds, the holders or a bond trustee 35.27may enforce the rights as a third-party beneficiary. All bonds shall be negotiable within 35.28the meaning and for the purposes of the Uniform Commercial Code, subject only to any 35.29registration requirement. new text begin In the case of bonds issued by a regional rail authority prior to new text end 35.30 new text begin June 1, 2011, to which the authority's levy was pledged, the county must levy whatever new text end 35.31 new text begin tax is necessary to fulfill the authority's pledge under the bonds. new text end 35.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2012 and new text end 35.33 new text begin thereafter. new text end 36.1    Sec. 11. new text begin REPEALER. new text end 36.2 new text begin Minnesota Statutes 2010, section 279.01, subdivision 4, new text end new text begin is repealed. new text end 36.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2012 and new text end 36.4 new text begin thereafter. new text end 36.5ARTICLE 4 36.6AIDS, CREDITS, AND REFUNDS 36.7    Section 1. Minnesota Statutes 2010, section 97A.061, subdivision 1, is amended to 36.8read: 36.9    Subdivision 1. Applicability; amount. (a) The commissioner shall annually make a 36.10payment to each county having public hunting areas and game refuges. Money to make 36.11the payments is annually appropriated for that purpose from the general fund. Except as 36.12provided in paragraph (b), this section does not apply to state trust fund land and other 36.13state land not purchased for game refuge or public hunting purposes. Except as provided 36.14in paragraph (b), the payment shall be the greatest of: 36.15(1) 35 new text begin 29.75 new text end percent of the gross receipts from all special use permits and leases of 36.16land acquired for public hunting and game refuges; 36.17(2) 50 new text begin 42.5 new text end cents per acre on land purchased actually used for public hunting or 36.18game refuges; or 36.19(3) three-fourths of one new text begin .6375 new text end percent of the appraised value of purchased land 36.20actually used for public hunting and game refuges. 36.21(b) The payment shall be 50 percent of the dollar amount adjusted for inflation as 36.22determined under section 477A.12, subdivision 1, paragraph (a), clause (1), multiplied 36.23by the number of acres of land in the county that are owned by another state agency for 36.24military purposes and designated as a game refuge under section 97A.085. 36.25(c) The payment must be reduced by the amount paid under subdivision 3 for 36.26croplands managed for wild geese. 36.27(d) The appraised value is the purchase price for five years after acquisition. 36.28The appraised value shall be determined by the county assessor every five years after 36.29acquisition. 36.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for aids payable in calendar year new text end 36.31 new text begin 2011 and thereafter. new text end 36.32    Sec. 2. Minnesota Statutes 2010, section 97A.061, subdivision 3, is amended to read: 37.1    Subd. 3. Goose management croplands. (a) The commissioner shall make a 37.2payment on July 1 of each year to each county where the state owns more than 1,000 acres 37.3of crop land, for wild goose management purposes. The payment shall be equal to new text begin 85 new text end 37.4 new text begin percent of new text end the taxes assessed on comparable, privately owned, adjacent land. Money to 37.5make the payments is annually appropriated for that purpose from the general fund. The 37.6county treasurer shall allocate and distribute the payment as provided in subdivision 2. 37.7(b) The land used for goose management under this subdivision is exempt from 37.8taxation as provided in sections 272.01 and 273.19. 37.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for aids payable in calendar year new text end 37.10 new text begin 2011 and thereafter. new text end 37.11    Sec. 3. Minnesota Statutes 2010, section 270A.03, subdivision 7, is amended to read: 37.12    Subd. 7. Refund. "Refund" means an individual income tax refund or political 37.13contribution refund, pursuant to chapter 290, or a property tax credit or refund, pursuant to 37.14chapter 290A, or a sustainable forest tax payment to a claimant under chapter 290C. 37.15For purposes of this chapter, lottery prizes, as set forth in section 349A.08, 37.16subdivision 8 , and amounts granted to persons by the legislature on the recommendation 37.17of the joint senate-house of representatives Subcommittee on Claims shall be treated 37.18as refunds. 37.19In the case of a joint property tax refund payable to spouses under chapter 290A, 37.20the refund shall be considered as belonging to each spouse in the proportion of the total 37.21refund that equals each spouse's proportion of the total income determined under section 37.22290A.03, subdivision 3 . In the case of a joint income tax refund under chapter 289A, the 37.23refund shall be considered as belonging to each spouse in the proportion of the total 37.24refund that equals each spouse's proportion of the total taxable income determined under 37.25section 290.01, subdivision 29. The commissioner shall remit the entire refund to the 37.26claimant agency, which shall, upon the request of the spouse who does not owe the debt, 37.27determine the amount of the refund belonging to that spouse and refund the amount to 37.28that spouse. For court fines, fees, and surcharges and court-ordered restitution under 37.29section 611A.04, subdivision 2, the notice provided by the commissioner of revenue under 37.30section 270A.07, subdivision 2, paragraph (b), serves as the appropriate legal notice 37.31to the spouse who does not owe the debt. 37.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for refund claims based on new text end 37.33 new text begin contributions made after June 30, 2011. new text end 38.1    Sec. 4. Minnesota Statutes 2010, section 273.13, subdivision 21b, is amended to read: 38.2    Subd. 21b. Tax capacity. (a) Gross tax capacity means the product of the 38.3appropriate gross class rates in this section and market values. 38.4(b) Net tax capacity means the product of the appropriate net class rates in this 38.5section and market values new text begin , minus the property's tax capacity reduction determined under new text end 38.6 new text begin section 273.1384, subdivision 1, if applicable new text end . 38.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2012 and new text end 38.8 new text begin thereafter. new text end 38.9    Sec. 5. Minnesota Statutes 2010, section 273.1384, subdivision 1, is amended to read: 38.10    Subdivision 1. Residential homestead market value credit new text begin tax capacity new text end 38.11 new text begin reduction new text end . Each county auditor shall determine a homestead credit new text begin tax capacity reduction new text end 38.12for each class 1a, 1b, and 2a homestead property within the county equal to 0.4 percent of 38.13the first $76,000 of market value of the property minus .09 percent of the market value 38.14in excess of $76,000. The credit new text begin tax capacity reduction new text end amount may not be less than 38.15zero. In the case of an agricultural or resort homestead, only the market value of the 38.16house, garage, and immediately surrounding one acre of land is eligible in determining 38.17the property's homestead credit new text begin tax capacity reduction new text end . In the case of a property that is 38.18classified as part homestead and part nonhomestead, (i) the credit new text begin tax capacity reduction new text end 38.19shall apply only to the homestead portion of the property, but (ii) if a portion of a property 38.20is classified as nonhomestead solely because not all the owners occupy the property, not 38.21all the owners have qualifying relatives occupying the property, or solely because not all 38.22the spouses of owners occupy the property, the credit new text begin tax capacity reduction new text end amount shall 38.23be initially computed as if that nonhomestead portion were also in the homestead class and 38.24then prorated to the owner-occupant's percentage of ownership. For the purpose of this 38.25section, when an owner-occupant's spouse does not occupy the property, the percentage of 38.26ownership for the owner-occupant spouse is one-half of the couple's ownership percentage. 38.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2012 and new text end 38.28 new text begin thereafter. new text end 38.29    Sec. 6. Minnesota Statutes 2010, section 273.1384, subdivision 3, is amended to read: 38.30    Subd. 3. Credit reimbursements. The county auditor shall determine the tax 38.31reductions allowed under this section new text begin subdivision 2 new text end within the county for each taxes 38.32payable year and shall certify that amount to the commissioner of revenue as a part of the 38.33abstracts of tax lists submitted by the county auditors under section 275.29. Any prior 39.1year adjustments shall also be certified on the abstracts of tax lists. The commissioner 39.2shall review the certifications for accuracy, and may make such changes as are deemed 39.3necessary, or return the certification to the county auditor for correction. The credits new text begin new text end 39.4 new text begin credit new text end under this section must be used to proportionately reduce the net tax capacity-based 39.5property tax payable to each local taxing jurisdiction as provided in section 273.1393. 39.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2012 and new text end 39.7 new text begin thereafter. new text end 39.8    Sec. 7. Minnesota Statutes 2010, section 273.1384, subdivision 4, is amended to read: 39.9    Subd. 4. Payment. (a) The commissioner of revenue shall reimburse each local 39.10taxing jurisdiction, other than school districts, for the tax reductions granted under this 39.11section new text begin subdivision 2 new text end in two equal installments on October 31 and December 26 of the 39.12taxes payable year for which the reductions are granted, including in each payment 39.13the prior year adjustments certified on the abstracts for that taxes payable year. The 39.14reimbursements related to tax increments shall be issued in one installment each year on 39.15December 26. 39.16(b) The commissioner of revenue shall certify the total of the tax reductions granted 39.17under this section new text begin subdivision 2 new text end for each taxes payable year within each school district to 39.18the commissioner of the Department of Education and the commissioner of education shall 39.19pay the reimbursement amounts to each school district as provided in section 273.1392. 39.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2012 and new text end 39.21 new text begin thereafter. new text end 39.22    Sec. 8. Minnesota Statutes 2010, section 273.1393, is amended to read: 39.23273.1393 COMPUTATION OF NET PROPERTY TAXES. 39.24    Notwithstanding any other provisions to the contrary, "net" property taxes are 39.25determined by subtracting the credits in the order listed from the gross tax: 39.26    (1) disaster credit as provided in sections 273.1231 to 273.1235; 39.27    (2) powerline credit as provided in section 273.42; 39.28    (3) agricultural preserves credit as provided in section 473H.10; 39.29    (4) enterprise zone credit as provided in section 469.171; 39.30    (5) disparity reduction credit; 39.31    (6) conservation tax credit as provided in section 273.119; 39.32    (7) homestead and agricultural credits new text begin credit new text end as provided in section 273.1384; 39.33    (8) taconite homestead credit as provided in section 273.135; 40.1    (9) supplemental homestead credit as provided in section 273.1391; and 40.2    (10) the bovine tuberculosis zone credit, as provided in section 273.113. 40.3    The combination of all property tax credits must not exceed the gross tax amount. 40.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2012 and new text end 40.5 new text begin thereafter. new text end 40.6    Sec. 9. Minnesota Statutes 2010, section 273.1398, subdivision 3, is amended to read: 40.7    Subd. 3. Disparity reduction aid. The amount of disparity aid certified new text begin each year new text end 40.8for each taxing district within each unique taxing jurisdiction for taxes payable in the prior 40.9year shall be multiplied by the ratio of (1) the jurisdiction's tax capacity using the class 40.10rates for taxes payable in the year for which aid is being computed, to (2) its tax capacity 40.11using the class rates for taxes payable in the year prior to that for which aid is being 40.12computed, both based upon market values for taxes payable in the year prior to that for 40.13which aid is being computed. If the commissioner determines that insufficient information 40.14is available to reasonably and timely calculate the numerator in this ratio for the first taxes 40.15payable year that a class rate change or new class rate is effective, the commissioner 40.16shall omit the effects of that class rate change or new class rate when calculating this 40.17ratio for aid payable in that taxes payable year. For aid payable in the year following a 40.18year for which such omission was made, the commissioner shall use in the denominator 40.19for the class that was changed or created, the tax capacity for taxes payable two years 40.20prior to that in which the aid is payable, based on market values for taxes payable in the 40.21year prior to that for which aid is being computed new text begin is 50 percent of the amount certified new text end 40.22 new text begin for taxes payable in 2011 new text end . 40.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2012 and new text end 40.24 new text begin thereafter. new text end 40.25    Sec. 10. Minnesota Statutes 2010, section 275.08, subdivision 1a, is amended to read: 40.26    Subd. 1a. Computation of tax capacity. For taxes payable in 1989, the county 40.27auditor shall compute the gross tax capacity for each parcel according to the class rates 40.28specified in section . The gross tax capacity will be the appropriate class rate 40.29multiplied by the parcel's market value. For taxes payable in 1990 and subsequent years, 40.30The county auditor shall compute the net tax capacity for each parcel according to the 40.31class rates specified in new text begin as defined under new text end section 273.13 new text begin , subdivision 21b new text end . The net tax 40.32capacity will be the appropriate class rate multiplied by the parcel's market value. 41.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2012 and new text end 41.2 new text begin thereafter. new text end 41.3    Sec. 11. Minnesota Statutes 2010, section 275.08, subdivision 1d, is amended to read: 41.4    Subd. 1d. Additional adjustment. If, after computing each local government's 41.5adjusted local tax rate within a unique taxing jurisdiction pursuant to subdivision 1c, the 41.6auditor finds that the total adjusted local tax rate of all local governments combined is 41.7less than 90 new text begin 105 new text end percent of gross tax capacity for taxes payable in 1989 and 90 percent 41.8of net tax capacity for taxes payable in 1990 and thereafter, the auditor shall increase 41.9each local government's adjusted local tax rate proportionately so the total adjusted local 41.10tax rate of all local governments combined equals 90 new text begin 105 new text end percent. The total amount 41.11of the increase in tax resulting from the increased local tax rates must not exceed the 41.12amount of disparity aid allocated to the unique taxing district under section 273.1398. The 41.13auditor shall certify to the Department of Revenue the difference between the disparity 41.14aid originally allocated under section 273.1398, subdivision 3, and the amount necessary 41.15to reduce the total adjusted local tax rate of all local governments combined to 90 new text begin 105 new text end 41.16percent. Each local government's disparity reduction aid payment under section 273.1398, 41.17subdivision 6 , must be reduced accordingly. 41.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2012 and new text end 41.19 new text begin thereafter. new text end 41.20    Sec. 12. Minnesota Statutes 2010, section 276.04, subdivision 2, is amended to read: 41.21    Subd. 2. Contents of tax statements. (a) The treasurer shall provide for the 41.22printing of the tax statements. The commissioner of revenue shall prescribe the form of 41.23the property tax statement and its contents. The tax statement must not state or imply 41.24that property tax credits are paid by the state of Minnesota. The statement must contain 41.25a tabulated statement of the dollar amount due to each taxing authority and the amount 41.26of the state tax from the parcel of real property for which a particular tax statement is 41.27prepared. The dollar amounts attributable to the county, the state tax, the voter approved 41.28school tax, the other local school tax, the township or municipality, and the total of 41.29the metropolitan special taxing districts as defined in section 275.065, subdivision 3, 41.30paragraph (i), must be separately stated. The amounts due all other special taxing districts, 41.31if any, may be aggregated except that any levies made by the regional rail authorities in the 41.32county of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 41.33398A shall be listed on a separate line directly under the appropriate county's levy. If the 41.34county levy under this paragraph includes an amount for a lake improvement district as 42.1defined under sections 103B.501 to 103B.581, the amount attributable for that purpose 42.2must be separately stated from the remaining county levy amount. In the case of Ramsey 42.3County, if the county levy under this paragraph includes an amount for public library 42.4service under section 134.07, the amount attributable for that purpose may be separated 42.5from the remaining county levy amount. The amount of the tax on homesteads qualifying 42.6under the senior citizens' property tax deferral program under chapter 290B is the total 42.7amount of property tax before subtraction of the deferred property tax amount. The 42.8amount of the tax on contamination value imposed under sections 270.91 to 270.98, if any, 42.9must also be separately stated. The dollar amounts, including the dollar amount of any 42.10special assessments, may be rounded to the nearest even whole dollar. For purposes of this 42.11section whole odd-numbered dollars may be adjusted to the next higher even-numbered 42.12dollar. The amount of market value excluded under section 273.11, subdivision 16, if any, 42.13must also be listed on the tax statement. 42.14    (b) The property tax statements for manufactured homes and sectional structures 42.15taxed as personal property shall contain the same information that is required on the 42.16tax statements for real property. 42.17    (c) Real and personal property tax statements must contain the following information 42.18in the order given in this paragraph. The information must contain the current year tax 42.19information in the right column with the corresponding information for the previous year 42.20in a column on the left: 42.21    (1) the property's estimated market value under section 273.11, subdivision 1; 42.22    (2) the property's taxable market value after reductions under section 273.11, 42.23subdivisions 1a and 16 ; 42.24    (3) the property's gross tax, before credits; 42.25    (4) for homestead residential and agricultural properties, the credits new text begin credit new text end under 42.26section 273.1384; 42.27    (5) any credits received under sections 273.119; 273.1234 or 273.1235; 273.135; 42.28273.1391 ; 273.1398, subdivision 4; 469.171; and 473H.10, except that the amount of 42.29credit received under section 273.135 must be separately stated and identified as "taconite 42.30tax relief"; and 42.31    (6) the net tax payable in the manner required in paragraph (a). 42.32    (d) If the county uses envelopes for mailing property tax statements and if the county 42.33agrees, a taxing district may include a notice with the property tax statement notifying 42.34taxpayers when the taxing district will begin its budget deliberations for the current 42.35year, and encouraging taxpayers to attend the hearings. If the county allows notices to 42.36be included in the envelope containing the property tax statement, and if more than 43.1one taxing district relative to a given property decides to include a notice with the tax 43.2statement, the county treasurer or auditor must coordinate the process and may combine 43.3the information on a single announcement. 43.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2012 and new text end 43.5 new text begin thereafter. new text end 43.6    Sec. 13. Minnesota Statutes 2010, section 289A.50, subdivision 1, is amended to read: 43.7    Subdivision 1. General right to refund. (a) Subject to the requirements of this 43.8section and section 289A.40, a taxpayer who has paid a tax in excess of the taxes lawfully 43.9due and who files a written claim for refund will be refunded or credited the overpayment 43.10of the tax determined by the commissioner to be erroneously paid. 43.11(b) The claim must specify the name of the taxpayer, the date when and the period 43.12for which the tax was paid, the kind of tax paid, the amount of the tax that the taxpayer 43.13claims was erroneously paid, the grounds on which a refund is claimed, and other 43.14information relative to the payment and in the form required by the commissioner. An 43.15income tax, estate tax, or corporate franchise tax return, or amended return claiming an 43.16overpayment constitutes a claim for refund. 43.17(c) When, in the course of an examination, and within the time for requesting a 43.18refund, the commissioner determines that there has been an overpayment of tax, the 43.19commissioner shall refund or credit the overpayment to the taxpayer and no demand 43.20is necessary. If the overpayment exceeds $1, the amount of the overpayment must 43.21be refunded to the taxpayer. If the amount of the overpayment is less than $1, the 43.22commissioner is not required to refund. In these situations, the commissioner does not 43.23have to make written findings or serve notice by mail to the taxpayer. 43.24(d) If the amount allowable as a credit for withholding, estimated taxes, or dependent 43.25care exceeds the tax against which the credit is allowable, the amount of the excess is 43.26considered an overpayment. The refund allowed by section 290.06, subdivision 23, is also 43.27considered an overpayment. The requirements of section 270C.33 do not apply to the 43.28refunding of such an overpayment shown on the original return filed by a taxpayer. 43.29(e) If the entertainment tax withheld at the source exceeds by $1 or more the taxes, 43.30penalties, and interest reported in the return of the entertainment entity or imposed by 43.31section 290.9201, the excess must be refunded to the entertainment entity. If the excess is 43.32less than $1, the commissioner need not refund that amount. 43.33(f) If the surety deposit required for a construction contract exceeds the liability of 43.34the out-of-state contractor, the commissioner shall refund the difference to the contractor. 44.1(g) An action of the commissioner in refunding the amount of the overpayment does 44.2not constitute a determination of the correctness of the return of the taxpayer. 44.3(h) There is appropriated from the general fund to the commissioner of revenue the 44.4amount necessary to pay refunds allowed under this section. 44.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for refund claims based on new text end 44.6 new text begin contributions made after June 30, 2011. new text end 44.7    Sec. 14. Minnesota Statutes 2010, section 290.01, subdivision 6, is amended to read: 44.8    Subd. 6. Taxpayer. The term "taxpayer" means any person or corporation subject to 44.9a tax imposed by this chapter. For purposes of section 290.06, subdivision 23, the term 44.10"taxpayer" means an individual eligible to vote in Minnesota under section . 44.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for refund claims based on new text end 44.12 new text begin contributions made after June 30, 2011. new text end 44.13    Sec. 15. Minnesota Statutes 2010, section 290A.03, subdivision 11, is amended to read: 44.14    Subd. 11. Rent constituting property taxes. "Rent constituting property taxes" 44.15means 19 new text begin 12 new text end percent of the gross rent actually paid in cash, or its equivalent, or the portion 44.16of rent paid in lieu of property taxes, in any calendar year by a claimant for the right 44.17of occupancy of the claimant's Minnesota homestead in the calendar year, and which 44.18rent constitutes the basis, in the succeeding calendar year of a claim for relief under this 44.19chapter by the claimant. 44.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for claims based on rent paid in new text end 44.21 new text begin 2010 and following years. new text end 44.22    Sec. 16. Minnesota Statutes 2010, section 290A.03, subdivision 13, is amended to read: 44.23    Subd. 13. Property taxes payable. "Property taxes payable" means the property tax 44.24exclusive of special assessments, penalties, and interest payable on a claimant's homestead 44.25after deductions made under sections 273.135, 273.1384, 273.1391, 273.42, subdivision 2, 44.26and any other state paid property tax credits in any calendar year, and after any refund 44.27claimed and allowable under section 290A.04, subdivision 2h, that is first payable in 44.28the year that the property tax is payable. In the case of a claimant who makes ground 44.29lease payments, "property taxes payable" includes the amount of the payments directly 44.30attributable to the property taxes assessed against the parcel on which the house is located. 44.31No apportionment or reduction of the "property taxes payable" shall be required for the 44.32use of a portion of the claimant's homestead for a business purpose if the claimant does not 45.1deduct any business depreciation expenses for the use of a portion of the homestead in the 45.2determination of federal adjusted gross income. For homesteads which are manufactured 45.3homes as defined in section 273.125, subdivision 8, and for homesteads which are park 45.4trailers taxed as manufactured homes under section 168.012, subdivision 9, "property 45.5taxes payable" shall also include 19 new text begin 12 new text end percent of the gross rent paid in the preceding 45.6year for the site on which the homestead is located. When a homestead is owned by 45.7two or more persons as joint tenants or tenants in common, such tenants shall determine 45.8between them which tenant may claim the property taxes payable on the homestead. If 45.9they are unable to agree, the matter shall be referred to the commissioner of revenue 45.10whose decision shall be final. Property taxes are considered payable in the year prescribed 45.11by law for payment of the taxes. 45.12In the case of a claim relating to "property taxes payable," the claimant must have 45.13owned and occupied the homestead on January 2 of the year in which the tax is payable 45.14and (i) the property must have been classified as homestead property pursuant to section 45.15273.124 , on or before December 15 of the assessment year to which the "property taxes 45.16payable" relate; or (ii) the claimant must provide documentation from the local assessor 45.17that application for homestead classification has been made on or before December 15 45.18of the year in which the "property taxes payable" were payable and that the assessor has 45.19approved the application. 45.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for claims based on rent paid in new text end 45.21 new text begin 2010 and following years. new text end 45.22    Sec. 17. Minnesota Statutes 2010, section 290A.04, subdivision 2, is amended to read: 45.23    Subd. 2. Homeowners. A claimant whose property taxes payable are in excess 45.24of the percentage of the household income stated below shall pay an amount equal to 45.25the percent of income shown for the appropriate household income level along with the 45.26percent to be paid by the claimant of the remaining amount of property taxes payable. 45.27The state refund equals the amount of property taxes payable that remain, up to the state 45.28refund amount shown below. 45.29 45.30 45.31 Household Income Percent of Income Percent Paid by Claimant Maximum State Refund 45.32 $0 to 1,189 1.0 percent 15 percent $ 1,850 45.33 1,190 to 2,379 1.1 percent 15 percent $ 1,850 45.34 2,380 to 3,589 1.2 percent 15 percent $ 1,800 45.35 3,590 to 4,789 1.3 percent 20 percent $ 1,800 45.36 4,790 to 5,979 1.4 percent 20 percent $ 1,730 46.1 5,980 to 8,369 1.5 percent 20 percent $ 1,730 46.2 8,370 to 9,559 1.6 percent 25 percent $ 1,670 46.3 9,560 to 10,759 1.7 percent 25 percent $ 1,670 46.4 10,760 to 11,949 1.8 percent 25 percent $ 1,610 46.5 11,950 to 13,139 1.9 percent 30 percent $ 1,610 46.6 13,140 to 14,349 2.0 percent 30 percent $ 1,540 46.7 14,350 to 16,739 2.1 percent 30 percent $ 1,540 46.8 16,740 to 17,929 2.2 percent 35 percent $ 1,480 46.9 17,930 to 19,119 2.3 percent 35 percent $ 1,480 46.10 19,120 to 20,319 2.4 percent 35 percent $ 1,420 46.11 20,320 to 25,099 2.5 percent 40 percent $ 1,420 46.12 25,100 to 28,679 2.6 percent 40 percent $ 1,360 46.13 28,680 to 35,849 2.7 percent 40 percent $ 1,360 46.14 35,850 to 41,819 2.8 percent 45 percent $ 1,240 46.15 41,820 to 47,799 3.0 percent 45 percent $ 1,240 46.16 47,800 to 53,779 3.2 percent 45 percent $ 1,110 46.17 53,780 to 59,749 3.5 percent 50 percent $ 990 46.18 59,750 to 65,729 3.5 percent 50 percent $ 870 46.19 65,730 to 69,319 3.5 percent 50 percent $ 740 46.20 69,320 to 71,719 3.5 percent 50 percent $ 610 46.21 71,720 to 74,619 3.5 percent 50 percent $ 500 46.22 74,620 to 77,519 3.5 percent 50 percent $ 370 46.23 46.24 46.25 new text begin Household Income new text end new text begin Percent of Income new text end new text begin Percent Paid by new text end new text begin Claimant new text end new text begin Maximum new text end new text begin State new text end new text begin Refund new text end 46.26 new text begin $0 to 1,549 new text end new text begin 1.0 percent new text end new text begin 15 percent new text end new text begin $ new text end new text begin 3,500 new text end 46.27 new text begin 1,550 to 3,089 new text end new text begin 1.1 percent new text end new text begin 15 percent new text end new text begin $ new text end new text begin 3,500 new text end 46.28 new text begin 3,090 to 4,669 new text end new text begin 1.2 percent new text end new text begin 15 percent new text end new text begin $ new text end new text begin 3,500 new text end 46.29 new text begin 4,670 to 6,229 new text end new text begin 1.3 percent new text end new text begin 20 percent new text end new text begin $ new text end new text begin 3,500 new text end 46.30 new text begin 6,230 to 7,769 new text end new text begin 1.4 percent new text end new text begin 20 percent new text end new text begin $ new text end new text begin 3,500 new text end 46.31 new text begin 7,770 to 10,879 new text end new text begin 1.5 percent new text end new text begin 20 percent new text end new text begin $ new text end new text begin 3,500 new text end 46.32 new text begin 10,880 to 12,429 new text end new text begin 1.6 percent new text end new text begin 25 percent new text end new text begin $ new text end new text begin 3,500 new text end 46.33 new text begin 12,430 to 13,989 new text end new text begin 1.7 percent new text end new text begin 25 percent new text end new text begin $ new text end new text begin 3,500 new text end 46.34 new text begin 13,990 to 15,539 new text end new text begin 1.8 percent new text end new text begin 25 percent new text end new text begin $ new text end new text begin 3,500 new text end 46.35 new text begin 15,540 to 17,079 new text end new text begin 1.9 percent new text end new text begin 30 percent new text end new text begin $ new text end new text begin 3,000 new text end 46.36 new text begin 17,080 to 18,659 new text end new text begin 2.0 percent new text end new text begin 30 percent new text end new text begin $ new text end new text begin 3,000 new text end 46.37 new text begin 18,660 to 21,759 new text end new text begin 2.1 percent new text end new text begin 30 percent new text end new text begin $ new text end new text begin 3,000 new text end 46.38 new text begin 21,760 to 23,309 new text end new text begin 2.2 percent new text end new text begin 35 percent new text end new text begin $ new text end new text begin 3,000 new text end 46.39 new text begin 23,310 to 24,859 new text end new text begin 2.3 percent new text end new text begin 35 percent new text end new text begin $ new text end new text begin 3,000 new text end 46.40 new text begin 24,860 to 26,419 new text end new text begin 2.4 percent new text end new text begin 35 percent new text end new text begin $ new text end new text begin 3,000 new text end 46.41 new text begin 26,420 to 32,629 new text end new text begin 2.5 percent new text end new text begin 35 percent new text end new text begin $ new text end new text begin 3,000 new text end 46.42 new text begin 32,630 to 37,279 new text end new text begin 2.6 percent new text end new text begin 35 percent new text end new text begin $ new text end new text begin 2,500 new text end 46.43 new text begin 37,280 to 46,609 new text end new text begin 2.7 percent new text end new text begin 35 percent new text end new text begin $ new text end new text begin 2,500 new text end 47.1 new text begin 46,610 to 49,999 new text end new text begin 2.8 percent new text end new text begin 35 percent new text end new text begin $ new text end new text begin 2,000 new text end 47.2 new text begin 50,000 to 54,999 new text end new text begin 2.8 percent new text end new text begin 35 percent new text end new text begin $ new text end new text begin 1,500 new text end 47.3 new text begin 55,000 to 59,999 new text end new text begin 3.0 percent new text end new text begin 40 percent new text end new text begin $ new text end new text begin 1,000 new text end 47.4 new text begin 60,000 to 64,999 new text end new text begin 3.0 percent new text end new text begin 40 percent new text end new text begin $ new text end new text begin 750 new text end 47.5 new text begin 65,000 to 69,999 new text end new text begin 3.0 percent new text end new text begin 40 percent new text end new text begin $ new text end new text begin 500 new text end 47.6    The payment made to a claimant shall be the amount of the state refund calculated 47.7under this subdivision. No payment is allowed if the claimant's household income is 47.8$77,520 new text begin $70,000 new text end or more. 47.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective beginning with refunds based on new text end 47.10 new text begin taxes payable in 2012. new text end 47.11    Sec. 18. Minnesota Statutes 2010, section 290A.04, subdivision 4, is amended to read: 47.12    Subd. 4. Inflation adjustment. new text begin (a) new text end Beginning for property tax refunds payable in 47.13calendar year 2002, the commissioner shall annually adjust the dollar amounts of the 47.14income thresholds and the maximum refunds under subdivisions 2 and 2a for inflation. 47.15The commissioner shall make the inflation adjustments in accordance with section 1(f) of 47.16the Internal Revenue Code, except that for purposes of this subdivision the percentage 47.17increase shall be determined new text begin as provided in this subdivision. new text end 47.18 new text begin (b) In adjusting the dollar amounts of the income thresholds and the maximum new text end 47.19 new text begin refunds under subdivision 2 for inflation, the percentage increase shall be determined from new text end 47.20 new text begin the year ending on June 30, 2011, to the year ending on June 30 of the year preceding that new text end 47.21 new text begin in which the refund is payable. new text end 47.22 new text begin (c) In adjusting the dollar amounts of the income thresholds and the maximum new text end 47.23 new text begin refunds under subdivision 2a for inflation, the percentage increase shall be determined new text end 47.24from the year ending on June 30, 2000, to the year ending on June 30 of the year preceding 47.25that in which the refund is payable. 47.26 new text begin (d) new text end The commissioner shall use the appropriate percentage increase to annually 47.27adjust the income thresholds and maximum refunds under subdivisions 2 and 2a for 47.28inflation without regard to whether or not the income tax brackets are adjusted for inflation 47.29in that year. The commissioner shall round the thresholds and the maximum amounts, 47.30as adjusted to the nearest $10 amount. If the amount ends in $5, the commissioner shall 47.31round it up to the next $10 amount. 47.32 new text begin (e) new text end The commissioner shall annually announce the adjusted refund schedule at the 47.33same time provided under section 290.06. The determination of the commissioner under 47.34this subdivision is not a rule under the Administrative Procedure Act. 48.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective beginning for refunds based on new text end 48.2 new text begin taxes payable in 2013. new text end 48.3    Sec. 19. new text begin [373.51] ALTERNATIVE PROCESS FOR CONSOLIDATION. new text end 48.4 new text begin Notwithstanding the provisions relating to petitions in sections 371.02 and 371.03, new text end 48.5 new text begin two or more counties may begin the process for consolidation by filing with the secretary new text end 48.6 new text begin of state a resolution unanimously adopted by the board of each affected county to seek new text end 48.7 new text begin voter approval for consolidation of the counties following the procedures in chapter 371. new text end 48.8    Sec. 20. Minnesota Statutes 2010, section 477A.011, is amended by adding a 48.9subdivision to read: 48.10     new text begin Subd. 1c. new text end new text begin First class city. new text end new text begin "First class city" means a city of the first class as of new text end 48.11 new text begin 2009 as defined in section 410.01. new text end 48.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for aids payable in calendar year new text end 48.13 new text begin 2011 and thereafter. new text end 48.14    Sec. 21. Minnesota Statutes 2010, section 477A.011, is amended by adding a 48.15subdivision to read: 48.16     new text begin Subd. 1d. new text end new text begin Suburb. new text end new text begin "Suburb" means a city located in the seven-county metropolitan new text end 48.17 new text begin area as defined in section 473.121, subdivision 2, that is not a first class city. new text end 48.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for aids payable in calendar year new text end 48.19 new text begin 2011 and thereafter. new text end 48.20    Sec. 22. Minnesota Statutes 2010, section 477A.0124, is amended by adding a 48.21subdivision to read: 48.22     new text begin Subd. 6. new text end new text begin Aid payments in 2011 and 2012. new text end new text begin Notwithstanding total aids calculated or new text end 48.23 new text begin certified for 2011 under subdivisions 3, 4, and 5, for 2011 and 2012, each county shall new text end 48.24 new text begin receive an aid distribution under this section equal to the lesser of (1) the total amount of new text end 48.25 new text begin aid it received under this section in 2010 after the reductions under sections 477A.0133 new text end 48.26 new text begin and 477A.0134, or (2) the total amount the county is certified to receive in 2011 under new text end 48.27 new text begin subdivisions 3 to 5. new text end 48.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for aids payable in calendar year new text end 48.29 new text begin 2011 and 2012. new text end 48.30    Sec. 23. Minnesota Statutes 2010, section 477A.013, subdivision 8, is amended to read: 49.1    Subd. 8. City formula aid. The formula aid for a city is equal to the sum of (1) its 49.2city jobs base, (2) its small city aid base, and (3) the need increase percentage multiplied 49.3by the average of its unmet need for the most recently available two years. 49.4No city may have a formula aid amount less than zero. The need increase percentage must 49.5be the same for all cities. new text begin For first class cities, the formula aid is 25 percent of its base new text end 49.6 new text begin aid as defined in subdivision 11, paragraph (a), for aids payable in 2013 and zero for aids new text end 49.7 new text begin payable in 2014 and thereafter. For suburbs, the formula aid is 50 percent of its base aid as new text end 49.8 new text begin defined in subdivision 11, paragraph (a), for aids payable in 2013 and thereafter. new text end 49.9    The applicable need increase percentage must be calculated by the Department of 49.10Revenue so that the total of the aid under subdivision 9 equals the total amount available 49.11for aid under section 477A.03. Data used in calculating aids to cities under sections 49.12477A.011 to 477A.013 shall be the most recently available data as of January 1 in the 49.13year in which the aid is calculated except that the data used to compute "net levy" in 49.14subdivision 9 is the data most recently available at the time of the aid computation. 49.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for aids payable in calendar year new text end 49.16 new text begin 2013 and thereafter. new text end 49.17    Sec. 24. Minnesota Statutes 2010, section 477A.013, subdivision 9, is amended to read: 49.18    Subd. 9. City aid distribution. (a) In calendar year 2009 and thereafter, each 49.19city shall receive an aid distribution equal to the sum of (1) the city formula aid under 49.20subdivision 8, and (2) its city aid base. 49.21    (b) For aids payable in 2011 new text begin 2013 new text end only, the total aid in the previous year for any 49.22city shall mean the amount of aid it was certified to receive for aids payable in 2010 new text begin new text end 49.23 new text begin 2012 new text end under this section minus the amount of its aid reduction under section new text begin new text end 49.24 new text begin subdivision 11 new text end . For aids payable in 2012 new text begin 2014 new text end and thereafter, the total aid in the previous 49.25year for any city means the amount of aid it was certified to receive under this section in 49.26the previous payable year. 49.27    (c) For aids payable in 2010 and thereafter, the total aid for any city shall not exceed 49.28the sum of (1) ten percent of the city's net levy for the year prior to the aid distribution 49.29plus (2) its total aid in the previous year. For aids payable in 2009 and thereafter, the total 49.30aid for any city with a population of 2,500 or more may not be less than its total aid under 49.31this section in the previous year minus the lesser of $10 multiplied by its population, or ten 49.32percent of its net levy in the year prior to the aid distribution. 49.33    (d) For aids payable in 2010 and thereafter, the total aid for a city with a population 49.34less than 2,500 must not be less than the amount it was certified to receive in the 50.1previous year minus the lesser of $10 multiplied by its population, or five percent of its 50.22003 certified aid amount. For aids payable in 2009 only, the total aid for a city with a 50.3population less than 2,500 must not be less than what it received under this section in the 50.4previous year unless its total aid in calendar year 2008 was aid under section 477A.011, 50.5subdivision 36, paragraph (s), in which case its minimum aid is zero. 50.6    (e) A city's aid loss under this section may not exceed $300,000 in any year in 50.7which the total city aid appropriation under section 477A.03, subdivision 2a, is equal or 50.8greater than the appropriation under that subdivision in the previous year, unless the 50.9city has an adjustment in its city net tax capacity under the process described in section 50.10469.174, subdivision 28 . 50.11    (f) If a city's net tax capacity used in calculating aid under this section has decreased 50.12in any year by more than 25 percent from its net tax capacity in the previous year due to 50.13property becoming tax-exempt Indian land, the city's maximum allowed aid increase 50.14under paragraph (c) shall be increased by an amount equal to (1) the city's tax rate in the 50.15year of the aid calculation, multiplied by (2) the amount of its net tax capacity decrease 50.16resulting from the property becoming tax exempt. 50.17 new text begin (g) Notwithstanding paragraphs (a) to (f), the total aid for a first class city or a new text end 50.18 new text begin suburb is its formula aid under subdivision 8. new text end 50.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for aids payable in calendar year new text end 50.20 new text begin 2013 and thereafter. new text end 50.21    Sec. 25. Minnesota Statutes 2010, section 477A.013, is amended by adding a 50.22subdivision to read: 50.23     new text begin Subd. 11. new text end new text begin Aid payments in 2011 and 2012. new text end new text begin (a) For purposes of this subdivision, new text end 50.24 new text begin "base aid" means the lesser of (1) the total amount of aid it received under this section in new text end 50.25 new text begin 2010, after the reductions under sections 477A.0133 and 477A.0134 and reduced by the new text end 50.26 new text begin amount of payments under section 477A.011, subdivision 36, paragraphs (y) and (z), or new text end 50.27 new text begin (2) the amount it was certified to receive in 2011 under subdivision 9, minus any aid base new text end 50.28 new text begin adjustment under section 477A.011, subdivision 36, paragraph (aa). new text end 50.29 new text begin (b) Notwithstanding aids calculated or certified for aids payable in 2011 under new text end 50.30 new text begin subdivision 9, in 2011 each city shall receive an aid distribution under this section as new text end 50.31 new text begin follows: new text end 50.32 new text begin (1) for a first class city, 75 percent of its base aid as defined in paragraph (a); new text end 50.33 new text begin (2) for a suburb, the amount it is certified to receive in 2011 under subdivision 9; and new text end 50.34 new text begin (3) for any other city, the amount it is certified to receive in 2011 under subdivision 9. new text end 51.1 new text begin (c) Notwithstanding aids calculated or certified for aids payable in 2012 under new text end 51.2 new text begin subdivision 9, in 2012 each city shall receive an aid distribution under this section as new text end 51.3 new text begin follows: new text end 51.4 new text begin (1) for a first class city, 50 percent of its base aid as defined in paragraph (a); new text end 51.5 new text begin (2) for a suburb, 75 percent of its base aid as defined in paragraph (a); and new text end 51.6 new text begin (3) for any other city, its base aid as defined under paragraph (a). new text end 51.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for aids payable in calendar years new text end 51.8 new text begin 2011 and 2012. new text end 51.9    Sec. 26. Minnesota Statutes 2010, section 477A.03, is amended to read: 51.10477A.03 APPROPRIATION. 51.11    Subd. 2. Annual appropriation. A sum sufficient to discharge the duties imposed 51.12by sections 477A.011 to 477A.014 is annually appropriated from the general fund to the 51.13commissioner of revenue. 51.14    Subd. 2a. Cities. new text begin For aids payable in 2013 only, the total aid paid under section new text end 51.15 new text begin 477A.013, subdivision 9, is $309,859,403. new text end For aids payable in 2011 new text begin 2014 new text end and thereafter, 51.16the total aid paid under section 477A.013, subdivision 9, is $527,100,646 new text begin $274,377,734 new text end . 51.17    Subd. 2b. Counties. (a) For aids payable in 2011 new text begin 2013 new text end and thereafter, the total aid 51.18payable under section 477A.0124, subdivision 3, is $96,395,000 new text begin $78,218,000 new text end . Each 51.19calendar year, $500,000 shall be retained by the commissioner of revenue to make 51.20reimbursements to the commissioner of management and budget for payments made 51.21under section 611.27. For calendar year 2004, the amount shall be in addition to the 51.22payments authorized under section 477A.0124, subdivision 1. For calendar year 2005 51.23and subsequent years, The amount shall be deducted from the appropriation under 51.24this paragraph. The reimbursements shall be to defray the additional costs associated 51.25with court-ordered counsel under section 611.27. Any retained amounts not used for 51.26reimbursement in a year shall be included in the next distribution of county need aid 51.27that is certified to the county auditors for the purpose of property tax reduction for the 51.28next taxes payable year. 51.29    (b) For aids payable in 2011 new text begin 2013 new text end and thereafter, the total aid under section 51.30477A.0124, subdivision 4 , is $101,309,575 new text begin $83,133,000 new text end . The commissioner of 51.31management and budget shall bill the commissioner of revenue for the cost of preparation 51.32of local impact notes as required by section 3.987, not to exceed $207,000 in fiscal year 51.332004 and thereafter. The commissioner of education shall bill the commissioner of 51.34revenue for the cost of preparation of local impact notes for school districts as required by 52.1section 3.987, not to exceed $7,000 in fiscal year 2004 and thereafter. The commissioner 52.2of revenue shall deduct the amounts billed under this paragraph from the appropriation 52.3under this paragraph. The amounts deducted are appropriated to the commissioner of 52.4management and budget and the commissioner of education for the preparation of local 52.5impact notes. 52.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for aids payable in calendar year new text end 52.7 new text begin 2012 and thereafter. new text end 52.8    Sec. 27. Minnesota Statutes 2010, section 477A.11, subdivision 1, is amended to read: 52.9    Subdivision 1. Terms. For the purpose of sections 477A.11 to new text begin 477A.14 new text end , 52.10the terms defined in this section have the meanings given them. 52.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for aids payable in calendar year new text end 52.12 new text begin 2011 and thereafter. new text end 52.13    Sec. 28. Minnesota Statutes 2010, section 477A.12, subdivision 1, is amended to read: 52.14    Subdivision 1. Types of land; payments. (a) As an offset for expenses incurred 52.15by counties and towns in support of natural resources lands, the following amounts are 52.16annually appropriated to the commissioner of natural resources from the general fund for 52.17transfer to the commissioner of revenue. The commissioner of revenue shall pay the 52.18transferred funds to counties as required by sections 477A.11 to new text begin 477A.14 new text end . 52.19The amounts are: 52.20(1) for acquired natural resources land, $3, as adjusted for inflation under section 52.21, new text begin $4.363 new text end multiplied by the total number of acres of acquired natural resources 52.22land or, at the county's option three-fourths of one new text begin 0.6375 new text end percent of the appraised value of 52.23all acquired natural resources land in the county, whichever is greater; 52.24(2) 75 cents, as adjusted for inflation under section , new text begin $1.091 new text end multiplied by 52.25the number of acres of county-administered other natural resources land; 52.26(3) 75 cents, as adjusted for inflation under section , new text begin $1.091 new text end multiplied by 52.27the total number of acres of land utilization project land; and 52.28(4) 37.5 cents, as adjusted for inflation under section , new text begin 54.5 cents new text end multiplied 52.29by the number of acres of commissioner-administered other natural resources land located 52.30in each county as of July 1 of each year prior to the payment year. 52.31(b) The amount determined under paragraph (a), clause (1), is payable for land 52.32that is acquired from a private owner and owned by the Department of Transportation 52.33for the purpose of replacing wetland losses caused by transportation projects, but only 53.1if the county contains more than 500 acres of such land at the time the certification is 53.2made under subdivision 2. 53.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for aids payable in calendar year new text end 53.4 new text begin 2011 and thereafter. new text end 53.5    Sec. 29. Minnesota Statutes 2010, section 477A.14, subdivision 1, is amended to read: 53.6    Subdivision 1. General distribution. Except as provided in subdivision 2 or in 53.7section 97A.061, subdivision 5, 40 percent of the total payment to the county shall be 53.8deposited in the county general revenue fund to be used to provide property tax levy 53.9reduction. The remainder shall be distributed by the county in the following priority: 53.10(a) 37.5 cents, as adjusted for inflation under section , new text begin 54.5 cents new text end for 53.11each acre of county-administered other natural resources land shall be deposited in a 53.12resource development fund to be created within the county treasury for use in resource 53.13development, forest management, game and fish habitat improvement, and recreational 53.14development and maintenance of county-administered other natural resources land. Any 53.15county receiving less than $5,000 annually for the resource development fund may elect to 53.16deposit that amount in the county general revenue fund; 53.17(b) From the funds remaining, within 30 days of receipt of the payment to the 53.18county, the county treasurer shall pay each organized township 30 cents, as adjusted for 53.19inflation under section , new text begin 43.6 cents new text end for each acre of acquired natural resources 53.20land and each acre of land described in section 477A.12, subdivision 1, paragraph (b), and 53.217.5 cents, as adjusted for inflation under section , new text begin 10.9 cents new text end for each acre of 53.22other natural resources land and each acre of land utilization project land located within its 53.23boundaries. Payments for natural resources lands not located in an organized township 53.24shall be deposited in the county general revenue fund. Payments to counties and townships 53.25pursuant to this paragraph shall be used to provide property tax levy reduction, except 53.26that of the payments for natural resources lands not located in an organized township, the 53.27county may allocate the amount determined to be necessary for maintenance of roads in 53.28unorganized townships. Provided that, if the total payment to the county pursuant to 53.29section 477A.12 is not sufficient to fully fund the distribution provided for in this clause, 53.30the amount available shall be distributed to each township and the county general revenue 53.31fund on a pro rata basis; and 53.32(c) Any remaining funds shall be deposited in the county general revenue fund. 53.33Provided that, if the distribution to the county general revenue fund exceeds $35,000, the 53.34excess shall be used to provide property tax levy reduction. 54.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for aids payable in calendar year new text end 54.2 new text begin 2011 and thereafter. new text end 54.3    Sec. 30. Minnesota Statutes 2010, section 477A.17, is amended to read: 54.4477A.17 LAKE VERMILION STATE PARK AND SOUDAN 54.5UNDERGROUND MINE STATE PARK; ANNUAL PAYMENTS. 54.6    (a) Beginning in fiscal year 2012, in lieu of the payment amount provided under 54.7section 477A.12, subdivision 1, clause (1), the county shall receive an annual payment for 54.8land acquired for Lake Vermilion State Park, established in section 85.012, subdivision 54.938a, and land within the boundary of Soudan Underground Mine State Park, established 54.10in section 85.012, subdivision 53a, equal to 1.5 new text begin 1.275 new text end percent of the appraised value of 54.11the land. 54.12    (b) For the purposes of this section, the appraised value of the land acquired for 54.13Lake Vermilion State Park for the first five years after acquisition shall be the purchase 54.14price of the land, plus the value of any portion of the land that is acquired by donation. 54.15The appraised value must be redetermined by the county assessor every five years after 54.16the land is acquired. 54.17    (c) The annual payments under this section shall be distributed to the taxing 54.18jurisdictions containing the property as follows: one-third to the school districts; one-third 54.19to the town; and one-third to the county. The payment to school districts is not a county 54.20apportionment under section 127A.34 and is not subject to aid recapture. Each of those 54.21taxing jurisdictions may use the payments for their general purposes. 54.22    (d) Except as provided in this section, the payments shall be made as provided 54.23in sections 477A.11 to 477A.13. 54.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for aids payable in calendar year new text end 54.25 new text begin 2011 and thereafter. new text end 54.26    Sec. 31. new text begin ADMINISTRATION OF PROPERTY TAX REFUND CLAIMS; 2011. new text end 54.27 new text begin In administering sections 15 and 16 for claims for refunds submitted using 19 new text end 54.28 new text begin percent of gross rent as rent constituting property taxes under prior law, the commissioner new text end 54.29 new text begin shall recalculate and pay the refund amounts using 12 percent of gross rent. The new text end 54.30 new text begin commissioner shall notify the claimant that the recalculation was mandated by action new text end 54.31 new text begin of the 2011 Legislature. new text end 54.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 55.1    Sec. 32. new text begin CREDIT REDUCTIONS AND LIMITATION; COUNTIES AND new text end 55.2 new text begin CITIES. new text end 55.3     new text begin In 2011, the market value credit reimbursement payment to each county and city new text end 55.4 new text begin authorized under Minnesota Statutes, section 273.1384, subdivision 4, may not exceed the new text end 55.5 new text begin reimbursement payment received by the county or city for taxes payable in 2010. new text end 55.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for credit reimbursements in 2011. new text end 55.7    Sec. 33. new text begin PROPERTY TAX STATEMENT FOR TAXES PAYABLE IN 2012 ONLY. new text end 55.8 new text begin For the purposes of the property tax statements required under Minnesota Statutes, new text end 55.9 new text begin section 276.04, subdivision 2, for taxes payable in 2012 only, the gross tax amount shown new text end 55.10 new text begin for the previous year is the gross tax minus the residential homestead market value credit. new text end 55.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2012 only. new text end 55.12    Sec. 34. new text begin COOPERATION, CONSOLIDATION, INNOVATION GRANTS. new text end 55.13     new text begin Subdivision 1. new text end new text begin Definition. new text end new text begin For the purposes of this section, "local government" new text end 55.14 new text begin means a town, county, or home rule charter or statutory city. new text end 55.15     new text begin Subd. 2. new text end new text begin Grants. new text end new text begin The commissioner of administration may make a cooperation, new text end 55.16 new text begin consolidation, and service innovation grant to a local government that is participating with new text end 55.17 new text begin at least one other local government in planning for or implementing provision of services new text end 55.18 new text begin cooperatively or in planning and implementing consolidation of services, functions, or new text end 55.19 new text begin governance. The grants shall be made on a first-come first-served basis. The commissioner new text end 55.20 new text begin shall determine the form and content of the application and grant agreements. At a new text end 55.21 new text begin minimum, an application must contain a resolution adopted by the governing body of each new text end 55.22 new text begin participating local government supporting the cooperation, consolidation, or innovation new text end 55.23 new text begin effort that identifies the services and functions the local government is considering new text end 55.24 new text begin providing cooperatively with one or more other local governments or that identifies the new text end 55.25 new text begin functions the local governments seek to consolidate. The maximum grant amount is new text end 55.26 new text begin $100,000 per local government. new text end 55.27     new text begin Subd. 3. new text end new text begin Report. new text end new text begin The commissioner of administration must report to the governor new text end 55.28 new text begin and legislative committees with jurisdiction over local government governance and local new text end 55.29 new text begin government taxes and finance on the cooperation and consolidation grants made and new text end 55.30 new text begin how the money was used, what services and functions have been provided by local new text end 55.31 new text begin governments in cooperation with each other, what programs or governance structures have new text end 55.32 new text begin been proposed for consolidation or consolidated, and what impediments remain that new text end 56.1 new text begin prevent cooperation, consolidation, and service innovation. An interim report is due new text end 56.2 new text begin February 1, 2012, and a final report is due December 15, 2012. new text end 56.3     new text begin Subd. 4. new text end new text begin Appropriation. new text end new text begin $....... is appropriated from the general fund to the new text end 56.4 new text begin commissioner of administration for the biennium ending June 30, 2013, to make grants to new text end 56.5 new text begin counties as provided in this section. new text end 56.6    Sec. 35. new text begin REPEALER. new text end 56.7 new text begin (a) new text end new text begin Minnesota Statutes 2010, sections 10A.322, subdivision 4; 13.4967, subdivision new text end 56.8 new text begin 2; new text end new text begin are repealed. new text end 56.9 new text begin (b) new text end new text begin Minnesota Statutes 2010, section 290.06, subdivision 23, new text end new text begin is repealed. new text end 56.10 new text begin (c) Minnesota Statutes 2010, sections 273.1384, subdivision 6; and 477A.145, new text end new text begin are new text end 56.11 new text begin repealed. new text end 56.12 new text begin (d) new text end new text begin Minnesota Statutes 2010, sections 290C.01; 290C.02; 290C.03; 290C.04; new text end 56.13 new text begin 290C.05; 290C.055; 290C.06; 290C.07; 290C.08; 290C.09; 290C.10; 290C.11; 290C.12; new text end 56.14 new text begin and 290C.13, new text end new text begin are repealed. new text end 56.15 new text begin EFFECTIVE DATE. new text end new text begin Paragraph (a) is effective the day following final enactment. new text end 56.16 new text begin Paragraph (b) is effective for refund claims based on contributions made after June 30, new text end 56.17 new text begin 2011. Paragraph (c) is effective for aids payable in 2011 and thereafter. Paragraph (d) is new text end 56.18 new text begin effective July 1, 2011, and the covenants under the program are void on that date. No later new text end 56.19 new text begin than 60 days after enactment of this section, the commissioner of revenue shall issue a new text end 56.20 new text begin document to each enrollee immediately releasing the land from the covenant as provided new text end 56.21 new text begin in Minnesota Statutes 2010, section 290C.04, paragraph (c). new text end 56.22ARTICLE 5 56.23GREEN ACRES AND RURAL PRESERVES 56.24    Section 1. Minnesota Statutes 2010, section 273.111, is amended by adding a 56.25subdivision to read: 56.26     new text begin Subd. 2a. new text end new text begin Purpose. new text end new text begin The legislature finds that it is in the interest of the state to new text end 56.27 new text begin encourage and preserve farms by mitigating the property tax impact of increasing land new text end 56.28 new text begin values due to nonagricultural economic forces. new text end 56.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 56.30    Sec. 2. Minnesota Statutes 2010, section 273.111, subdivision 9, is amended to read: 56.31    Subd. 9. Additional taxes. (a) Except as provided in paragraph (b), when real 56.32property which is being, or has been valued and assessed under this section no longer 57.1qualifies under subdivision 3, the portion no longer qualifying shall be subject to additional 57.2taxes, in the amount equal to the difference between the taxes determined in accordance 57.3with subdivision 4, and the amount determined under subdivision 5. Provided, however, 57.4that the amount determined under subdivision 5 shall not be greater than it would have 57.5been had the actual bona fide sale price of the real property at an arm's-length transaction 57.6been used in lieu of the market value determined under subdivision 5. Such additional 57.7taxes shall be extended against the property on the tax list for the current year, provided, 57.8however, that no interest or penalties shall be levied on such additional taxes if timely 57.9paid, and provided further, that such additional taxes shall only be levied with respect to 57.10 new text begin (1) new text end the last three years that the said property has been valued and assessed under this 57.11section new text begin , for property originally enrolled on or before May 1, 2012, or (2) the last five years new text end 57.12 new text begin that the property has been valued and assessed under this section, for property originally new text end 57.13 new text begin enrolled after May 1, 2012 new text end . 57.14(b) Real property that has been valued and assessed under this section prior to 57.15May 29, 2008, and that ceases to qualify under this section after May 28, 2008, and is 57.16withdrawn from the program before August 16, 2010, is not subject to additional taxes 57.17under this subdivision or subdivision 3, paragraph (c). If additional taxes have been 57.18paid under this subdivision with respect to property described in this paragraph prior to 57.19April 3, 2009, the county must repay the property owner in the manner prescribed by the 57.20commissioner of revenue. 57.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 57.22    Sec. 3. Minnesota Statutes 2010, section 273.114, subdivision 2, is amended to read: 57.23    Subd. 2. Requirements. Class 2a or 2b property that had been assessed new text begin properly new text end 57.24 new text begin enrolled new text end under Minnesota Statutes 2006, section 273.111 new text begin for taxes payable in 2008 new text end , or that 57.25is part of an agricultural homestead under Minnesota Statutes, section 273.13, subdivision 57.2623, paragraph (a) new text begin , at least a portion of which is enrolled under section 273.111 new text end , is entitled 57.27to valuation and tax deferment under this section if: 57.28(1) the land consists of at least ten acres new text begin property is contiguous to class 2a property new text end 57.29 new text begin enrolled under section 273.111 under the same ownership new text end ; 57.30(2) a conservation assessment plan for the land must be prepared by an approved 57.31plan writer and implemented during the period in which the land is subject to valuation 57.32and deferment under this section; 57.33(3) the land must be enrolled for a minimum of eight years; 57.34(4) new text begin (2) new text end there are no delinquent property taxes on the land; and 58.1(5) new text begin (3) new text end the property is not also enrolled for valuation and deferment under section 58.2273.111 or 273.112, or chapter 290C or 473H. 58.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2012 and new text end 58.4 new text begin thereafter. new text end 58.5    Sec. 4. Minnesota Statutes 2010, section 273.114, subdivision 5, is amended to read: 58.6    Subd. 5. Application and covenant agreement. (a) Application for deferment 58.7of taxes and assessment under this section shall be filed by May 1 of the year prior to 58.8the year in which the taxes are payable. Any application filed under this subdivision 58.9and granted shall continue in effect for subsequent years until the termination of the 58.10covenant agreement under paragraph (b) new text begin property is withdrawn or no longer qualifies new text end . The 58.11application must be filed with the assessor of the taxing district in which the real property 58.12is located on the form prescribed by the commissioner of revenue. The assessor may 58.13require proof by affidavit or otherwise that the property qualifies under subdivision 2. 58.14    (b) The owner of the property must sign a covenant agreement that is filed with the 58.15county recorder and recorded in the county where the property is located. The covenant 58.16agreement must include all of the following: 58.17    (1) legal description of the area to which the covenant applies; 58.18    (2) name and address of the owner; 58.19    (3) a statement that the land described in the covenant must be kept as rural preserve 58.20land, which meets the requirements of subdivision 2, for the duration of the covenant; 58.21    (4) a statement that the landowner may terminate the covenant agreement by 58.22notifying the county assessor in writing three years in advance of the date of proposed 58.23termination, provided that the notice of intent to terminate may not be given at any time 58.24before the land has been subject to the covenant for a period of five years; 58.25    (5) a statement that the covenant is binding on the owner or the owner's successor or 58.26assigns and runs with the land; and 58.27    (6) a witnessed signature of the owner, agreeing by covenant, to maintain the land as 58.28described in subdivision 2. 58.29(c) After a covenant under this section has been terminated, the land that had been 58.30subject to the covenant is ineligible for subsequent valuation under this section for a 58.31period of three years after the termination. 58.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2012 and new text end 58.33 new text begin thereafter. new text end 59.1    Sec. 5. Minnesota Statutes 2010, section 273.114, subdivision 6, is amended to read: 59.2    Subd. 6. Additional taxes. Upon termination of a covenant agreement in 59.3subdivision 5, paragraph (b), the land to which the covenant applied new text begin When real property new text end 59.4 new text begin that is being or has been valued and assessed under this section no longer qualifies under new text end 59.5 new text begin subdivision 2, the portion no longer qualifying new text end shall be subject to additional taxes in 59.6the amount equal to the difference between the taxes determined in accordance with 59.7subdivision 3 and the amount determined under subdivision 4, provided that the amount 59.8determined under subdivision 4 shall not be greater than it would have been had the actual 59.9bona fide sale price of the real property at an arm's-length transaction been used in lieu of 59.10the market value determined under subdivision 4. The additional taxes shall be extended 59.11against the property on the tax list for the current year, provided that no interest or penalties 59.12shall be levied on the additional taxes if timely paid and that the additional taxes shall only 59.13be levied with respect to the current year plus new text begin (1) new text end two prior years that the property has 59.14been valued and assessed under this section new text begin , for property that had been enrolled under new text end 59.15 new text begin this section or section 273.111 on or before May 1, 2012, or (2) four prior years that the new text end 59.16 new text begin property had been valued and assessed under this section, for all other property new text end . 59.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxes payable in 2012 and new text end 59.18 new text begin thereafter. new text end 59.19    Sec. 6. new text begin LAND REMOVED FROM PROGRAM. new text end 59.20 new text begin (a) Any class 2a land that had been properly enrolled in the Minnesota Agricultural new text end 59.21 new text begin Property Tax Law under Minnesota Statutes 2006, section 273.111, and that was removed new text end 59.22 new text begin from the program between May 21, 2008, and the effective date of this paragraph must be new text end 59.23 new text begin reinstated to the program at the request of the owner provided that the request is made new text end 59.24 new text begin prior to September 1, 2011. new text end 59.25 new text begin (b) Any class 2b land that had been properly enrolled in the Minnesota Agricultural new text end 59.26 new text begin Property Tax Law under Minnesota Statutes, section 273.111, and that was removed from new text end 59.27 new text begin the program between May 21, 2008, and the effective date of this paragraph, and that new text end 59.28 new text begin applies for enrollment in the rural preserve program under Minnesota Statutes, section new text end 59.29 new text begin 273.114, prior to September 1, 2011, shall be allowed to apply as if it had been enrolled new text end 59.30 new text begin under Minnesota Statutes, section 273.111, immediately prior to application for enrollment new text end 59.31 new text begin under Minnesota Statutes, section 273.114. new text end 59.32 new text begin (c) If additional taxes, as defined under Minnesota Statutes, section 273.111, new text end 59.33 new text begin subdivision 9, have been paid by a property owner prior to the effective date of this new text end 59.34 new text begin paragraph for property being enrolled or reenrolled under paragraph (a) or (b), the county new text end 59.35 new text begin must repay the property owner in the manner prescribed by the commissioner of revenue. new text end 60.1 new text begin EFFECTIVE DATE. new text end new text begin Paragraphs (a) and (b) are effective the day following final new text end 60.2 new text begin enactment for taxes payable in 2012 and thereafter. Paragraph (c) is effective the day new text end 60.3 new text begin following final enactment. new text end 60.4    Sec. 7. new text begin COVENANTS TERMINATED. new text end 60.5 new text begin Any covenants entered into in order to comply with the requirements of Minnesota new text end 60.6 new text begin Statutes 2010, section 273.114, subdivision 5, are terminated. new text end 60.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 60.8    Sec. 8. new text begin STUDY REQUIRED. new text end 60.9 new text begin The commissioner of revenue, in consultation with the Minnesota Association of new text end 60.10 new text begin Assessing Officers, the Department of Applied Economics at the University of Minnesota, new text end 60.11 new text begin and representatives of major farm groups within the state of Minnesota, must explore new text end 60.12 new text begin alternative methods for determining the taxable value of tillable and nontillable land new text end 60.13 new text begin enrolled in the green acres program under Minnesota Statutes, section 273.111, and the new text end 60.14 new text begin rural preserves program under Minnesota Statutes, section 273.114. The commissioner new text end 60.15 new text begin must make a report to the legislature by February 15, 2012, describing the methodologies new text end 60.16 new text begin intended to be used for assessment year 2012 and thereafter. new text end 60.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 60.18    Sec. 9. new text begin REPEALER. new text end 60.19 new text begin Minnesota Statutes 2010, section 273.114, subdivision 1, new text end new text begin is repealed. new text end 60.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end