1.1A bill for an act
1.2relating to property taxation; modifying the definition of income for the property
1.3tax refund; decreasing the threshold percentage for the homestead credit refund
1.4for homeowners and the property tax refund for renters; increasing the maximum
1.5refunds for renters; changing property tax aids and credits; imposing an insurance
1.6surcharge; modifying pension aids; providing pension funding; changing
1.7provisions of the Sustainable Forest Incentive Act; modifying definitions for
1.8property taxes; providing exemptions; creating joint entertainment facilities
1.9coordination; providing reimbursement for certain property tax abatement;
1.10authorizing economic development powers; imposing a tax on extraction and
1.11processing of fracturing sand; providing a taconite production tax grant for water
1.12supply improvements; authorizing taconite production tax bonds for grants to
1.13school districts; authorizing local sales taxes; modifying the definition of market
1.14value for tax, debt, and other purposes; making policy and technical changes to
1.15property tax provisions; requiring a study and report on the Iron Range fiscal
1.16disparities program; requiring a study and report on certain property used in
1.17business and production; appropriating money;amending Minnesota Statutes
1.182012, sections 38.18; 40A.15, subdivision 2; 69.011, subdivision 1; 69.021,
1.19subdivisions 7, 8, by adding a subdivision; 88.51, subdivision 3; 103B.102,
1.20subdivision 3; 103B.245, subdivision 3; 103B.251, subdivision 8; 103B.335;
1.21103B.3369, subdivision 5; 103B.635, subdivision 2; 103B.691, subdivision 2;
1.22103C.501, subdivision 4; 103D.905, subdivisions 2, 3, 8; 103F.405, subdivision
1.231; 117.025, subdivision 7; 123A.455, subdivision 1; 127A.48, subdivision 1;
1.24138.053; 144F.01, subdivision 4; 162.07, subdivisions 3, 4; 163.04, subdivision
1.253; 163.06, subdivision 6; 165.10, subdivision 1; 270.077; 270.41, subdivision
1.265; 270C.34, subdivision 1; 272.01, subdivision 2; 272.02, subdivision 97, by
1.27adding subdivisions; 272.03, subdivision 9, by adding subdivisions; 273.032;
1.28273.11, subdivision 1, by adding a subdivision; 273.114, subdivision 6;
1.29273.124, subdivisions 3a, 13; 273.13, subdivisions 21b, 23, 25; 273.1398,
1.30subdivisions 3, 4; 273.19, subdivision 1; 273.372, subdivision 4; 273.39;
1.31275.011, subdivision 1; 275.077, subdivision 2; 275.71, subdivision 4; 276.04,
1.32subdivision 2; 276A.01, subdivisions 10, 12, 13, 15; 276A.06, subdivision 10;
1.33279.01, subdivision 1, by adding a subdivision; 279.02; 279.06, subdivision
1.341; 287.05, by adding a subdivision; 287.08; 287.23, subdivision 1; 290A.03,
1.35subdivision 3; 290A.04, subdivisions 2, 2a, 4; 290B.04, subdivision 2; 290C.02,
1.36subdivision 6; 290C.05; 290C.07; 298.01, subdivision 3; 298.018; 298.28,
1.37subdivisions 4, 6, 9a; 298.75, subdivision 2; 353G.08, subdivision 2; 365.025,
1.38subdivision 4; 366.095, subdivision 1; 366.27; 368.01, subdivision 23; 368.47;
1.39370.01; 373.01, subdivision 1; 373.40, subdivisions 1, 4; 375.167, subdivision
2.11; 375.18, subdivision 3; 375.555; 383B.152; 383B.245; 383B.73, subdivision
2.21; 383E.20; 383E.23; 385.31; 394.36, subdivision 1; 398A.04, subdivision
2.38; 401.05, subdivision 3; 410.32; 412.221, subdivision 2; 412.301; 428A.02,
2.4subdivision 1; 430.102, subdivision 2; 447.10; 450.19; 450.25; 458A.10;
2.5458A.31, subdivision 1; 465.04; 469.033, subdivision 6; 469.034, subdivision 2;
2.6469.053, subdivisions 4, 4a, 6; 469.071, subdivision 5; 469.107, subdivision 1;
2.7469.169, by adding a subdivision; 469.176, subdivisions 4c, 4g, 6; 469.177, by
2.8adding a subdivision; 469.180, subdivision 2; 469.187; 469.190, subdivision 7,
2.9by adding a subdivision; 469.206; 471.24; 471.571, subdivisions 1, 2; 471.73;
2.10473.325, subdivision 2; 473.629; 473.661, subdivision 3; 473.667, subdivision
2.119; 473.671; 473.711, subdivision 2a; 473F.02, subdivisions 12, 14, 15, 23;
2.12473F.08, subdivision 10, by adding a subdivision; 475.521, subdivision 4;
2.13475.53, subdivisions 1, 3, 4; 475.58, subdivision 2; 475.73, subdivision 1;
2.14477A.011, subdivisions 20, 30, 32, 34, 42, by adding subdivisions; 477A.0124,
2.15subdivision 2; 477A.013, subdivisions 8, 9, by adding a subdivision; 477A.03,
2.16subdivisions 2a, 2b, by adding a subdivision; 641.23; 641.24; 645.44, by adding
2.17a subdivision; Laws 1988, chapter 645, section 3, as amended; Laws 1993,
2.18chapter 375, article 9, section 46, subdivision 2, as amended; Laws 1999, chapter
2.19243, article 6, section 11; Laws 2005, First Special Session chapter 3, article 5,
2.20section 37, subdivisions 2, 4; Laws 2008, chapter 366, article 5, sections 26; 33;
2.2134, as amended; article 7, section 19, subdivision 3, as amended; Laws 2010,
2.22chapter 389, article 1, section 12; article 5, section 6, subdivisions 4, 6; proposing
2.23coding for new law in Minnesota Statutes, chapters 116C; 287; 290A; 297I;
2.24proposing coding for new law as Minnesota Statutes, chapter 297J; repealing
2.25Minnesota Statutes 2012, sections 272.69; 273.11, subdivisions 1a, 22; 276A.01,
2.26subdivision 11; 383A.80, subdivision 4; 383B.80, subdivision 4; 428A.101;
2.27428A.21; 473F.02, subdivision 13; 477A.011, subdivisions 2a, 19, 21, 29, 31, 32,
2.2833, 36, 39, 40, 41, 42; 477A.013, subdivisions 11, 12; 477A.0133; 477A.0134;
2.29Laws 2006, chapter 259, article 11, section 3, as amended.
2.30BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.31
ARTICLE 1
2.32
HOMESTEAD CREDIT REFUND AND RENTER PROPERTY TAX REFUND
2.33 Section 1. Minnesota Statutes 2012, section 290A.03, subdivision 3, is amended to read:
2.34 Subd. 3.
Income. (1) "Income" means the sum of the following:
2.35 (a) federal adjusted gross income as defined in the Internal Revenue Code; and
2.36 (b) the sum of the following amounts to the extent not included in clause (a):
2.37 (i) all nontaxable income;
2.38 (ii) the amount of a passive activity loss that is not disallowed as a result of section
2.39469, paragraph (i) or (m) of the Internal Revenue Code and the amount of passive activity
2.40loss carryover allowed under section 469(b) of the Internal Revenue Code;
2.41 (iii) an amount equal to the total of any discharge of qualified farm indebtedness
2.42of a solvent individual excluded from gross income under section 108(g) of the Internal
2.43Revenue Code;
2.44 (iv) cash public assistance and relief;
3.1 (v) any pension or annuity (including railroad retirement benefits, all payments
3.2received under the federal Social Security Act, Supplemental Security Income, and
3.3veterans benefits), which was not exclusively funded by the claimant or spouse, or which
3.4was funded exclusively by the claimant or spouse and which funding payments were
3.5excluded from federal adjusted gross income in the years when the payments were made;
3.6 (vi) interest received from the federal or a state government or any instrumentality
3.7or political subdivision thereof;
3.8 (vii) workers' compensation;
3.9 (viii) nontaxable strike benefits;
3.10 (ix) the gross amounts of payments received in the nature of disability income or
3.11sick pay as a result of accident, sickness, or other disability, whether funded through
3.12insurance or otherwise;
3.13 (x) a lump-sum distribution under section 402(e)(3) of the Internal Revenue Code of
3.141986, as amended through December 31, 1995;
3.15 (xi) contributions made by the claimant to an individual retirement account,
3.16including a qualified voluntary employee contribution; simplified employee pension plan;
3.17self-employed retirement plan; cash or deferred arrangement plan under section 401(k)
3.18of the Internal Revenue Code; or deferred compensation plan under section 457 of the
3.19Internal Revenue Code
new text begin , to the extent the sum of amounts exceeds the retirement base new text end
3.20
new text begin amount for the claimant and spousenew text end ;
3.21 (xii)
new text begin to the extent not included in federal adjusted gross income, distributions received new text end
3.22
new text begin by the claimant or spouse from a traditional or Roth style retirement account or plan;new text end
3.23
new text begin (xiii)new text end nontaxable scholarship or fellowship grants;
3.24 (xiii)
new text begin (xiv)new text end the amount of deduction allowed under section 199 of the Internal
3.25Revenue Code;
3.26 (xiv)
new text begin (xv)new text end the amount of deduction allowed under section 220 or 223 of the Internal
3.27Revenue Code;
3.28 (xv)
new text begin (xvi)new text end the amount of tuition expenses required to be added to income under
3.29section
290.01, subdivision 19a, clause (12);
3.30 (xvi)
new text begin (xvii)new text end the amount deducted for certain expenses of elementary and secondary
3.31school teachers under section 62(a)(2)(D) of the Internal Revenue Code; and
3.32 (xvii)
new text begin (xviii)new text end unemployment compensation.
3.33 In the case of an individual who files an income tax return on a fiscal year basis, the
3.34term "federal adjusted gross income" shall mean federal adjusted gross income reflected
3.35in the fiscal year ending in the calendar year. Federal adjusted gross income shall not be
4.1reduced by the amount of a net operating loss carryback or carryforward or a capital loss
4.2carryback or carryforward allowed for the year.
4.3 (2) "Income" does not include:
4.4 (a) amounts excluded pursuant to the Internal Revenue Code, sections 101(a) and 102;
4.5 (b) amounts of any pension or annuity which was exclusively funded by the claimant
4.6or spouse and which funding payments were not excluded from federal adjusted gross
4.7income in the years when the payments were made;
4.8 (c)
new text begin to the extent included in federal adjusted gross income, amounts contributed by new text end
4.9
new text begin the claimant or spouse to a traditional or Roth style retirement account or plan, but not new text end
4.10
new text begin to exceed the retirement base amount reduced by the amount of contributions excluded new text end
4.11
new text begin from federal adjusted gross income, but not less than zero;new text end
4.12
new text begin (d)new text end surplus food or other relief in kind supplied by a governmental agency;
4.13 (d)
new text begin (e)new text end relief granted under this chapter;
4.14 (e)
new text begin (f)new text end child support payments received under a temporary or final decree of
4.15dissolution or legal separation; or
4.16 (f)
new text begin (g)new text end restitution payments received by eligible individuals and excludable interest
4.17as defined in section 803 of the Economic Growth and Tax Relief Reconciliation Act of
4.182001, Public Law 107-16.
4.19 (3) The sum of the following amounts may be subtracted from income:
4.20 (a) for the claimant's first dependent, the exemption amount multiplied by 1.4;
4.21 (b) for the claimant's second dependent, the exemption amount multiplied by 1.3;
4.22 (c) for the claimant's third dependent, the exemption amount multiplied by 1.2;
4.23 (d) for the claimant's fourth dependent, the exemption amount multiplied by 1.1;
4.24 (e) for the claimant's fifth dependent, the exemption amount; and
4.25 (f) if the claimant or claimant's spouse was disabled or attained the age of 65
4.26on or before December 31 of the year for which the taxes were levied or rent paid, the
4.27exemption amount.
4.28 For purposes of this subdivision, the "exemption amount" means the exemption
4.29amount under section 151(d) of the Internal Revenue Code for the taxable year for which
4.30the income is reported
new text begin ; and "retirement base amount" means the deductible amount for new text end
4.31
new text begin the taxable year for the claimant and spouse under section 219(b)(5)(A) of the Internal new text end
4.32
new text begin Revenue Code, adjusted for inflation as provided in section 219(b)(5)(D) of the Internal new text end
4.33
new text begin Revenue Code, without regard to whether the claimant or spouse claimed a deductionnew text end .
4.34
new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with refunds based on new text end
4.35
new text begin property taxes payable in 2014 and rent paid in 2013.new text end
5.1 Sec. 2. Minnesota Statutes 2012, section 290A.04, subdivision 2, is amended to read:
5.2 Subd. 2.
Homeownersnew text begin ; homestead credit refundnew text end . A claimant whose property
5.3taxes payable are in excess of the percentage of the household income stated below shall
5.4pay an amount equal to the percent of income shown for the appropriate household
5.5income level along with the percent to be paid by the claimant of the remaining amount
5.6of property taxes payable. The state refund equals the amount of property taxes payable
5.7that remain, up to the state refund amount shown below.
5.8
5.9
5.10
Household Income
Percent of Income
Percent Paid by
Claimant
Maximum
State
Refund
5.11
$0 to 1,549
1.0 percent
15 percent
$
2,460
5.12
1,550 to 3,089
1.1 percent
15 percent
$
2,460
5.13
3,090 to 4,669
1.2 percent
15 percent
$
2,460
5.14
4,670 to 6,229
1.3 percent
20 percent
$
2,460
5.15
6,230 to 7,769
1.4 percent
20 percent
$
2,460
5.16
7,770 to 10,879
1.5 percent
20 percent
$
2,460
5.17
10,880 to 12,429
1.6 percent
20 percent
$
2,460
5.18
12,430 to 13,989
1.7 percent
20 percent
$
2,460
5.19
13,990 to 15,539
1.8 percent
20 percent
$
2,460
5.20
15,540 to 17,079
1.9 percent
25 percent
$
2,460
5.21
17,080 to 18,659
2.0 percent
25 percent
$
2,460
5.22
18,660 to 21,759
2.1 percent
25 percent
$
2,460
5.23
21,760 to 23,309
2.2 percent
30 percent
$
2,460
5.24
23,310 to 24,859
2.3 percent
30 percent
$
2,460
5.25
24,860 to 26,419
2.4 percent
30 percent
$
2,460
5.26
26,420 to 32,629
2.5 percent
35 percent
$
2,460
5.27
32,630 to 37,279
2.6 percent
35 percent
$
2,460
5.28
37,280 to 46,609
2.7 percent
35 percent
$
2,000
5.29
46,610 to 54,369
2.8 percent
35 percent
$
2,000
5.30
54,370 to 62,139
2.8 percent
40 percent
$
1,750
5.31
62,140 to 69,909
3.0 percent
40 percent
$
1,440
5.32
69,910 to 77,679
3.0 percent
40 percent
$
1,290
5.33
77,680 to 85,449
3.0 percent
40 percent
$
1,130
5.34
85,450 to 90,119
3.5 percent
45 percent
$
960
5.35
90,120 to 93,239
3.5 percent
45 percent
$
790
5.36
93,240 to 97,009
3.5 percent
50 percent
$
650
5.37
97,010 to 100,779
3.5 percent
50 percent
$
480
5.38
5.39
5.40
new text begin Household Incomenew text end
new text begin Percent of Incomenew text end
new text begin Percent Paid bynew text end
new text begin Claimantnew text end
new text begin Maximum new text end
new text begin Statenew text end
new text begin Refundnew text end
5.41
new text begin $0 to 1,619new text end
new text begin 1.0 percentnew text end
new text begin 15 percentnew text end
new text begin $new text end
new text begin 2,580new text end
5.42
new text begin 1,620 to 3,229new text end
new text begin 1.1 percentnew text end
new text begin 15 percentnew text end
new text begin $new text end
new text begin 2,580new text end
6.1
new text begin 3,230 to 4,889new text end
new text begin 1.2 percentnew text end
new text begin 15 percentnew text end
new text begin $new text end
new text begin 2,580new text end
6.2
new text begin 4,890 to 6,519new text end
new text begin 1.3 percentnew text end
new text begin 20 percentnew text end
new text begin $new text end
new text begin 2,580new text end
6.3
new text begin 6,520 to 8,129new text end
new text begin 1.4 percentnew text end
new text begin 20 percentnew text end
new text begin $new text end
new text begin 2,580new text end
6.4
new text begin 8,130 to 11,389new text end
new text begin 1.5 percentnew text end
new text begin 20 percentnew text end
new text begin $new text end
new text begin 2,580new text end
6.5
new text begin 11,390 to 13,009new text end
new text begin 1.6 percentnew text end
new text begin 20 percentnew text end
new text begin $new text end
new text begin 2,580new text end
6.6
new text begin 13,010 to 14,649new text end
new text begin 1.7 percentnew text end
new text begin 20 percentnew text end
new text begin $new text end
new text begin 2,580new text end
6.7
new text begin 14,650 to 16,269new text end
new text begin 1.8 percentnew text end
new text begin 20 percentnew text end
new text begin $new text end
new text begin 2,580new text end
6.8
new text begin 16,270 to 17,879new text end
new text begin 1.9 percentnew text end
new text begin 25 percentnew text end
new text begin $new text end
new text begin 2,580new text end
6.9
new text begin 17,880 to 22,779new text end
new text begin 2.0 percentnew text end
new text begin 25 percentnew text end
new text begin $new text end
new text begin 2,580new text end
6.10
new text begin 22,780 to 24,399new text end
new text begin 2.0 percentnew text end
new text begin 30 percentnew text end
new text begin $new text end
new text begin 2,580new text end
6.11
new text begin 24,400 to 27,659new text end
new text begin 2.0 percentnew text end
new text begin 30 percentnew text end
new text begin $new text end
new text begin 2,580new text end
6.12
new text begin 27,660 to 39,029new text end
new text begin 2.0 percentnew text end
new text begin 35 percentnew text end
new text begin $new text end
new text begin 2,580new text end
6.13
new text begin 39,030 to 56,919new text end
new text begin 2.0 percentnew text end
new text begin 35 percentnew text end
new text begin $new text end
new text begin 2,090new text end
6.14
new text begin 56,920 to 65,049new text end
new text begin 2.0 percentnew text end
new text begin 40 percentnew text end
new text begin $new text end
new text begin 1,830new text end
6.15
new text begin 65,050 to 73,189new text end
new text begin 2.1 percentnew text end
new text begin 40 percentnew text end
new text begin $new text end
new text begin 1,510new text end
6.16
new text begin 73,190 to 81,319new text end
new text begin 2.2 percentnew text end
new text begin 40 percentnew text end
new text begin $new text end
new text begin 1,350new text end
6.17
new text begin 81,320 to 89,449new text end
new text begin 2.3 percentnew text end
new text begin 40 percentnew text end
new text begin $new text end
new text begin 1,180new text end
6.18
new text begin 89,450 to 94,339new text end
new text begin 2.4 percentnew text end
new text begin 45 percentnew text end
new text begin $new text end
new text begin 1,000new text end
6.19
new text begin 94,340 to 97,609new text end
new text begin 2.5 percentnew text end
new text begin 45 percentnew text end
new text begin $new text end
new text begin 830new text end
6.20
new text begin 97,610 to 101,559new text end
new text begin 2.5 percentnew text end
new text begin 50 percentnew text end
new text begin $new text end
new text begin 680new text end
6.21
new text begin 101,560 to 105,499new text end
new text begin 2.5 percentnew text end
new text begin 50 percentnew text end
new text begin $new text end
new text begin 500new text end
6.22 The payment made to a claimant shall be the amount of the state refund calculated
6.23under this subdivision. No payment is allowed if the claimant's household income is
6.24$100,780
new text begin $105,500new text end or more.
6.25
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for refund claims based on taxes new text end
6.26
new text begin payable in 2014 and thereafter.new text end
6.27 Sec. 3. Minnesota Statutes 2012, section 290A.04, subdivision 2a, is amended to read:
6.28 Subd. 2a.
Renters. A claimant whose rent constituting property taxes exceeds the
6.29percentage of the household income stated below must pay an amount equal to the percent
6.30of income shown for the appropriate household income level along with the percent to
6.31be paid by the claimant of the remaining amount of rent constituting property taxes. The
6.32state refund equals the amount of rent constituting property taxes that remain, up to the
6.33maximum state refund amount shown below.
6.34
6.35
6.36
Household Income
Percent of Income
Percent Paid by
Claimant
Maximum
State
Refund
6.37
$0 to 3,589
1.0 percent
5 percent
$
1,190
6.38
3,590 to 4,779
1.0 percent
10 percent
$
1,190
7.1
4,780 to 5,969
1.1 percent
10 percent
$
1,190
7.2
5,970 to 8,369
1.2 percent
10 percent
$
1,190
7.3
8,370 to 10,759
1.3 percent
15 percent
$
1,190
7.4
10,760 to 11,949
1.4 percent
15 percent
$
1,190
7.5
11,950 to 13,139
1.4 percent
20 percent
$
1,190
7.6
13,140 to 15,539
1.5 percent
20 percent
$
1,190
7.7
15,540 to 16,729
1.6 percent
20 percent
$
1,190
7.8
16,730 to 17,919
1.7 percent
25 percent
$
1,190
7.9
17,920 to 20,319
1.8 percent
25 percent
$
1,190
7.10
20,320 to 21,509
1.9 percent
30 percent
$
1,190
7.11
21,510 to 22,699
2.0 percent
30 percent
$
1,190
7.12
22,700 to 23,899
2.2 percent
30 percent
$
1,190
7.13
23,900 to 25,089
2.4 percent
30 percent
$
1,190
7.14
25,090 to 26,289
2.6 percent
35 percent
$
1,190
7.15
26,290 to 27,489
2.7 percent
35 percent
$
1,190
7.16
27,490 to 28,679
2.8 percent
35 percent
$
1,190
7.17
28,680 to 29,869
2.9 percent
40 percent
$
1,190
7.18
29,870 to 31,079
3.0 percent
40 percent
$
1,190
7.19
31,080 to 32,269
3.1 percent
40 percent
$
1,190
7.20
32,270 to 33,459
3.2 percent
40 percent
$
1,190
7.21
33,460 to 34,649
3.3 percent
45 percent
$
1,080
7.22
34,650 to 35,849
3.4 percent
45 percent
$
960
7.23
35,850 to 37,049
3.5 percent
45 percent
$
830
7.24
37,050 to 38,239
3.5 percent
50 percent
$
720
7.25
38,240 to 39,439
3.5 percent
50 percent
$
600
7.26
38,440 to 40,629
3.5 percent
50 percent
$
360
7.27
40,630 to 41,819
3.5 percent
50 percent
$
120
7.28
new text begin $0 to 4,909new text end
new text begin 1.0 percentnew text end
new text begin 5 percentnew text end
new text begin $new text end
new text begin 2,000new text end
7.29
new text begin 4,910 to 6,529new text end
new text begin 1.0 percentnew text end
new text begin 10 percentnew text end
new text begin $new text end
new text begin 2,000new text end
7.30
new text begin 6,530 to 8,159new text end
new text begin 1.1 percentnew text end
new text begin 10 percentnew text end
new text begin $new text end
new text begin 1,950new text end
7.31
new text begin 8,160 to 11,439new text end
new text begin 1.2 percentnew text end
new text begin 10 percentnew text end
new text begin $new text end
new text begin 1,900new text end
7.32
new text begin 11,440 to 14,709new text end
new text begin 1.3 percentnew text end
new text begin 15 percentnew text end
new text begin $new text end
new text begin 1,850new text end
7.33
new text begin 14,710 to 16,339new text end
new text begin 1.4 percentnew text end
new text begin 15 percentnew text end
new text begin $new text end
new text begin 1,800new text end
7.34
new text begin 16,340 to 17,959new text end
new text begin 1.4 percentnew text end
new text begin 20 percentnew text end
new text begin $new text end
new text begin 1,750new text end
7.35
new text begin 17,960 to 21,239new text end
new text begin 1.5 percentnew text end
new text begin 20 percentnew text end
new text begin $new text end
new text begin 1,700new text end
7.36
new text begin 21,240 to 22,869new text end
new text begin 1.6 percentnew text end
new text begin 20 percentnew text end
new text begin $new text end
new text begin 1,650new text end
7.37
new text begin 22,870 to 24,499new text end
new text begin 1.7 percentnew text end
new text begin 25 percentnew text end
new text begin $new text end
new text begin 1,650new text end
7.38
new text begin 24,500 to 27,779new text end
new text begin 1.8 percentnew text end
new text begin 25 percentnew text end
new text begin $new text end
new text begin 1,650new text end
7.39
new text begin 27,780 to 29,399new text end
new text begin 1.9 percentnew text end
new text begin 30 percentnew text end
new text begin $new text end
new text begin 1,650new text end
7.40
new text begin 29,400 to 34,299new text end
new text begin 2.0 percentnew text end
new text begin 30 percentnew text end
new text begin $new text end
new text begin 1,650new text end
7.41
new text begin 34,300 to 39,199new text end
new text begin 2.0 percentnew text end
new text begin 35 percentnew text end
new text begin $new text end
new text begin 1,650new text end
7.42
new text begin 39,200 to 45,739new text end
new text begin 2.0 percentnew text end
new text begin 40 percentnew text end
new text begin $new text end
new text begin 1,650new text end
7.43
new text begin 45,740 to 47,369new text end
new text begin 2.0 percentnew text end
new text begin 45 percentnew text end
new text begin $new text end
new text begin 1,500new text end
8.1
new text begin 47,370 to 49,009new text end
new text begin 2.0 percentnew text end
new text begin 45 percentnew text end
new text begin $new text end
new text begin 1,350new text end
8.2
new text begin 49,010 to 50,649new text end
new text begin 2.0 percentnew text end
new text begin 45 percentnew text end
new text begin $new text end
new text begin 1,150new text end
8.3
new text begin 50,650 to 52,269new text end
new text begin 2.0 percentnew text end
new text begin 50 percentnew text end
new text begin $new text end
new text begin 1,000new text end
8.4
new text begin 52,270 to 53,909new text end
new text begin 2.0 percentnew text end
new text begin 50 percentnew text end
new text begin $new text end
new text begin 900new text end
8.5
new text begin 53,910 to 55,539new text end
new text begin 2.0 percentnew text end
new text begin 50 percentnew text end
new text begin $new text end
new text begin 500new text end
8.6
new text begin 55,540 to 57,169new text end
new text begin 2.0 percentnew text end
new text begin 50 percentnew text end
new text begin $new text end
new text begin 200new text end
8.7 The payment made to a claimant is the amount of the state refund calculated under
8.8this subdivision. No payment is allowed if the claimant's household income is $41,820
8.9
new text begin $57,170new text end or more.
8.10
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
8.11
new text begin 2013 and following years.new text end
8.12 Sec. 4. Minnesota Statutes 2012, section 290A.04, subdivision 4, is amended to read:
8.13 Subd. 4.
Inflation adjustment. (a) Beginning for property tax refunds payable in
8.14calendar year 2002, the commissioner shall annually adjust the dollar amounts of the
8.15income thresholds and the maximum refunds under subdivisions 2 and 2a for inflation.
8.16The commissioner shall make the inflation adjustments in accordance with section 1(f) of
8.17the Internal Revenue Code, except that for purposes of this subdivision the percentage
8.18increase shall be determined as provided in this subdivision.
8.19 (b) In adjusting the dollar amounts of the income thresholds and the maximum
8.20refunds under subdivision 2 for inflation, the percentage increase shall be determined
8.21from the year ending on June 30, 2011
new text begin 2013new text end , to the year ending on June 30 of the year
8.22preceding that in which the refund is payable.
8.23 (c) In adjusting the dollar amounts of the income thresholds and the maximum
8.24refunds under subdivision 2a for inflation, the percentage increase shall be determined
8.25from the year ending on June 30, 2000
new text begin 2013new text end , to the year ending on June 30 of the year
8.26preceding that in which the refund is payable.
8.27 (d) The commissioner shall use the appropriate percentage increase to annually
8.28adjust the income thresholds and maximum refunds under subdivisions 2 and 2a for
8.29inflation without regard to whether or not the income tax brackets are adjusted for inflation
8.30in that year. The commissioner shall round the thresholds and the maximum amounts,
8.31as adjusted to the nearest $10 amount. If the amount ends in $5, the commissioner shall
8.32round it up to the next $10 amount.
8.33 (e) The commissioner shall annually announce the adjusted refund schedule at the
8.34same time provided under section
290.06. The determination of the commissioner under
8.35this subdivision is not a rule under the Administrative Procedure Act.
9.1
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for refund claims based on taxes new text end
9.2
new text begin payable in 2014 and rent paid in 2013 and following years.new text end
9.3 Sec. 5.
new text begin [290A.28] NOTIFICATION OF POTENTIAL ELIGIBILITY.new text end
9.4
new text begin Subdivision 1.new text end new text begin Notification of eligibility.new text end new text begin (a) By August 1, 2014, the commissioner new text end
9.5
new text begin shall notify, in writing or electronically, individual homeowners whom the commissioner new text end
9.6
new text begin determines likely will be eligible for a homestead credit refund under this chapter for new text end
9.7
new text begin that property taxes payable year. In determining whether to notify a homeowner, the new text end
9.8
new text begin commissioner shall consider the property tax information available to the commissioner new text end
9.9
new text begin under paragraph (b) and the most recent income information available to the commissioner new text end
9.10
new text begin from filing under this chapter for the prior year or under chapter 290 for the current or new text end
9.11
new text begin prior year. The notification must include information on how to file for the homestead new text end
9.12
new text begin credit refund and the range of potential homestead credit refunds that the homeowner new text end
9.13
new text begin could qualify to receive. The notification requirement under this section does not apply new text end
9.14
new text begin to a homeowner who has already filed for the homestead credit refund for the current new text end
9.15
new text begin or prior year.new text end
9.16
new text begin (b) By May 15, 2014, each county auditor shall transmit to the commissioner new text end
9.17
new text begin of revenue the following information for each property classified as a residential or new text end
9.18
new text begin agricultural homestead under section 273.13, subdivision 22 or 23:new text end
9.19
new text begin (1) the property taxes payable;new text end
9.20
new text begin (2) the name and address of the owner;new text end
9.21
new text begin (3) the Social Security number or numbers of the owners; andnew text end
9.22
new text begin (4) any other information the commissioner deems necessary or useful to carry new text end
9.23
new text begin out the provisions of this section.new text end
9.24
new text begin The information must be provided in the form and manner prescribed by the commissioner.new text end
9.25
new text begin Subd. 2.new text end new text begin Report.new text end new text begin By March 15, 2015, the commissioner must provide written new text end
9.26
new text begin reports to the chairs and ranking minority members of the legislative committees with new text end
9.27
new text begin jurisdiction over taxes, in compliance with Minnesota Statutes, sections 3.195 and 3.197. new text end
9.28
new text begin The report must provide information on the number and dollar amount of homeowner new text end
9.29
new text begin property tax refund claims based on taxes payable in 2014, including:new text end
9.30
new text begin (i) the number and dollar amount of claims projected for homestead credit refunds new text end
9.31
new text begin based on taxes payable in 2014 prior to enactment of the notification requirement in new text end
9.32
new text begin this section;new text end
9.33
new text begin (ii) the number of notifications issued as provided in this section, including the new text end
9.34
new text begin number issued by county;new text end
10.1
new text begin (iii) the number and dollar amount of claims for homestead credit refunds based on new text end
10.2
new text begin taxes payable in 2014 processed through December 31, 2014; andnew text end
10.3
new text begin (iv) a description of any outreach efforts undertaken by the commissioner for new text end
10.4
new text begin homestead credit refunds based on taxes payable in 2014, in addition to the notification new text end
10.5
new text begin required in this section.new text end
10.6
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for refund claims based on property new text end
10.7
new text begin taxes payable in 2014.new text end
10.8
ARTICLE 2
10.9
PROPERTY TAX AIDS AND CREDITS
10.10 Section 1. Minnesota Statutes 2012, section 69.021, is amended by adding a
10.11subdivision to read:
10.12
new text begin Subd. 12.new text end new text begin Surcharge aid accounts.new text end new text begin (a) A surcharge fire pension aid account is new text end
10.13
new text begin established in the special revenue fund to receive amounts as provided under section new text end
10.14
new text begin 297I.07, subdivision 3, clause (1). The commissioner shall administer the account and new text end
10.15
new text begin allocate money in the account as follows:new text end
10.16
new text begin (1) 17.342 percent as supplemental state pension funding paid to the executive new text end
10.17
new text begin director of the Public Employees Retirement Association for deposit in the public new text end
10.18
new text begin employees police and fire retirement fund established by section 353.65, subdivision 1;new text end
10.19
new text begin (2) 8.658 percent to municipalities employing firefighters with retirement coverage new text end
10.20
new text begin by the public employees police and fire retirement plan, allocated in proportion to the new text end
10.21
new text begin relationship that the preceding December 31 number of firefighters employed by each new text end
10.22
new text begin municipality who have public employees police and fire retirement plan coverage bears to new text end
10.23
new text begin the total preceding December 31 number of municipal firefighters covered by the public new text end
10.24
new text begin employees police and fire retirement plan; andnew text end
10.25
new text begin (3) 74 percent for municipalities other than the municipalities receiving a new text end
10.26
new text begin disbursement under clause (2) which qualified to receive fire state aid in that calendar year, new text end
10.27
new text begin allocated in proportion to the most recent amount of fire state aid paid under subdivision 7 new text end
10.28
new text begin for the municipality bears to the most recent total fire state aid for all municipalities other new text end
10.29
new text begin than the municipalities receiving a disbursement under clause (2) paid under subdivision new text end
10.30
new text begin 7, with the allocated amount for fire departments participating in the voluntary statewide new text end
10.31
new text begin lump-sum volunteer firefighter retirement plan paid to the executive director of the Public new text end
10.32
new text begin Employees Retirement Association for deposit in the fund established by section 353G.02, new text end
10.33
new text begin subdivision 3, and credited to the respective account and with the balance paid to the new text end
11.1
new text begin treasurer of each municipality for transmittal within 30 days of receipt to the treasurer of new text end
11.2
new text begin the applicable volunteer firefighter relief association for deposit in its special fund.new text end
11.3
new text begin (b) A surcharge police pension aid account is established in the special revenue new text end
11.4
new text begin fund to receive amounts as provided by section 297I.07, subdivision 3, clause (2). The new text end
11.5
new text begin commissioner shall administer the account and allocate money in the account as follows:new text end
11.6
new text begin (1) one-third to be distributed as police state aid as provided under subdivision 7a; andnew text end
11.7
new text begin (2) two-thirds to be apportioned, on the basis of the number of active police officers new text end
11.8
new text begin certified for police state aid receipt under section 69.011, subdivisions 2 and 2b, between:new text end
11.9
new text begin (i) the executive director of the Public Employees Retirement Association for new text end
11.10
new text begin deposit as a supplemental state pension funding aid in the public employees police and fire new text end
11.11
new text begin retirement fund established by section 353.65, subdivision 1; andnew text end
11.12
new text begin (ii) the executive director of the Minnesota State Retirement System for deposit as a new text end
11.13
new text begin supplemental state pension funding aid in the state patrol retirement fund.new text end
11.14
new text begin (c) On or before September 1, annually, the executive director of the Public new text end
11.15
new text begin Employees Retirement Association shall report to the commissioner the following:new text end
11.16
new text begin (1) the municipalities which employ firefighters with retirement coverage by the new text end
11.17
new text begin public employees police and fire retirement plan;new text end
11.18
new text begin (2) the number of firefighters with public employees police and fire retirement plan new text end
11.19
new text begin employed by each municipality;new text end
11.20
new text begin (3) the fire departments covered by the voluntary statewide lump-sum volunteer new text end
11.21
new text begin firefighter retirement plan; andnew text end
11.22
new text begin (4) any other information requested by the commissioner to administer the surcharge new text end
11.23
new text begin fire pension aid account.new text end
11.24
new text begin (d) For this subdivision, (i) the number of firefighters employed by a municipality new text end
11.25
new text begin who have public employees police and fire retirement plan coverage means the number new text end
11.26
new text begin of firefighters with public employees police and fire retirement plan coverage that were new text end
11.27
new text begin employed by the municipality for not less than 30 hours per week for a minimum of six new text end
11.28
new text begin months prior to December 31 preceding the date of the payment under this section and, if new text end
11.29
new text begin the person was employed for less than the full year, prorated to the number of full months new text end
11.30
new text begin employed; and, (ii) the number of active police officers certified for police state aid receipt new text end
11.31
new text begin under section 69.011, subdivisions 2 and 2b means, for each municipality, the number of new text end
11.32
new text begin police officers meeting the definition of peace officer in section 69.011, subdivision 1, new text end
11.33
new text begin counted as provided and limited by section 69.011, subdivisions 2 and 2b.new text end
11.34
new text begin (e) The payments under this section shall be made on October 1 each year, based new text end
11.35
new text begin on the amount in the surcharge fire pension aid account and the amount in the surcharge new text end
11.36
new text begin police pension aid account on the preceding June 30, with interest at 1 percent for each new text end
12.1
new text begin month, or portion of a month, that the amount remains unpaid after October 1. The new text end
12.2
new text begin amounts necessary to make the payments under this subdivision are annually appropriated new text end
12.3
new text begin to the commissioner from the surcharge fire and police pension aid accounts. Any new text end
12.4
new text begin necessary adjustments shall be made to subsequent payments.new text end
12.5
new text begin (f) The provisions of this chapter that prevent municipalities and relief associations new text end
12.6
new text begin from being eligible for, or receiving state aid under this chapter until the applicable new text end
12.7
new text begin financial reporting requirements have been complied with, apply to the amounts payable new text end
12.8
new text begin to municipalities and relief associations under this subdivision.new text end
12.9
new text begin (g) The amounts necessary to make the payments under this subdivision are new text end
12.10
new text begin appropriated to the commissioner from the respective accounts in the special revenue fund.new text end
12.11
new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning in the fiscal year beginning new text end
12.12
new text begin July 1, 2013.new text end
12.13 Sec. 2. Minnesota Statutes 2012, section 290C.02, subdivision 6, is amended to read:
12.14 Subd. 6.
Forest land. "Forest land" means land containing a minimum of 20
12.15contiguous acres for which the owner has implemented a forest management plan that was
12.16prepared or updated within the past ten years by an approved plan writer. For purposes of
12.17this subdivision, acres are considered to be contiguous even if they are separated by a road,
12.18waterway, railroad track, or other similar intervening property. At least 50 percent of the
12.19contiguous acreage must meet the definition of forest land in section
88.01, subdivision 7.
12.20For the purposes of sections
290C.01 to
290C.11, forest land does not include
new text begin the following:new text end
12.21 (i) land used for residential or agricultural purposes,
new text begin ;new text end
12.22 (ii) land enrolled in the reinvest in Minnesota program, a state or federal conservation
12.23reserve or easement reserve program under sections
103F.501 to
103F.531, the Minnesota
12.24agricultural property tax law under section
273.111, or land subject to agricultural land
12.25preservation controls or restrictions as defined in section
40A.02 or under the Metropolitan
12.26Agricultural Preserves Act under chapter 473H, or
new text begin ;new text end
12.27 (iii)
new text begin land subject to a conservation easement funded under section 97A.056 or a new text end
12.28
new text begin comparable permanent easement conveyed to a governmental or nonprofit entity; ornew text end
12.29
new text begin (iv) new text end land improved with a structure, pavement, sewer, campsite, or any road, other
12.30than a township road, used for purposes not prescribed in the forest management plan.
12.31
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for payments made beginning in new text end
12.32
new text begin calendar year 2014.new text end
13.1 Sec. 3. Minnesota Statutes 2012, section 290C.05, is amended to read:
13.2
290C.05 ANNUAL CERTIFICATION.
13.3 On or before July 1 of each year, beginning with the year after the original claimant
13.4has received an approved application, the commissioner shall send each claimant enrolled
13.5under the sustainable forest incentive program a certification form. For purposes of this
13.6section, the original claimant is the person that filed the first application under section
13.7290C.04
to enroll the land in the program. The claimant must sign the certification,
13.8attesting that the requirements and conditions for continued enrollment in the program are
13.9currently being met, and must return the signed certification form
new text begin , along with a copy of new text end
13.10
new text begin the property tax statement for the property taxes payable on the enrolled property for the new text end
13.11
new text begin calendar year and any other information the commissioner deems necessary to determine new text end
13.12
new text begin whether the property is qualified under section 290C.02, subdivision 6, or the amount of new text end
13.13
new text begin the payment under section 290C.07, paragraph (a), clause (2),new text end to the commissioner by
13.14August 15 of that same year. If the claimant does not return an annual certification form
13.15by the due date, the provisions in section
290C.11 apply.
13.16
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for payments made beginning in new text end
13.17
new text begin calendar year 2014.new text end
13.18 Sec. 4. Minnesota Statutes 2012, section 290C.07, is amended to read:
13.19
290C.07 CALCULATION OF INCENTIVE PAYMENT.
13.20 (a) An approved claimant under the sustainable forest incentive program is eligible
13.21to receive an annual payment. The payment shall
new text begin benew text end equal
new text begin to the lesser of (1) new text end $7 per acre
13.22
new text begin or (2) one-half of the property tax payable for the calendar yearnew text end for each acre enrolled in
13.23the sustainable forest incentive program.
13.24 (b) The annual payment for each Social Security number or state or federal business
13.25tax identification number must not exceed $100,000.
13.26
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for payments made beginning in new text end
13.27
new text begin calendar year 2014.new text end
13.28 Sec. 5.
new text begin [297I.07] SURCHARGE ON HOMEOWNERS AND AUTO POLICIES.new text end
13.29
new text begin Subdivision 1.new text end new text begin Surcharge on policies.new text end new text begin (a) Each licensed insurer engaged in writing new text end
13.30
new text begin insurance shall collect a surcharge equal to $5 per calendar year for each policy issued new text end
13.31
new text begin or renewed during that calendar year for:new text end
13.32
new text begin (1) homeowners insurance authorized in section 60A.06, subdivision 1, clause new text end
13.33
new text begin (1)(c); andnew text end
14.1
new text begin (2) automobile insurance as defined in section 65B.14, subdivision 2.new text end
14.2
new text begin (b) The surcharge amount collected under this subdivision must not be considered new text end
14.3
new text begin premium for any other purpose. The surcharge amount must be separately stated on either a new text end
14.4
new text begin billing or policy declaration or document containing similar information sent to an insured.new text end
14.5
new text begin Subd. 2.new text end new text begin Collection and administration.new text end new text begin The commissioner shall administer the new text end
14.6
new text begin surcharge imposed by this section in the same manner as the taxes imposed by this chapter.new text end
14.7
new text begin Subd. 3.new text end new text begin Deposit of revenues.new text end new text begin The commissioner shall deposit revenues from the new text end
14.8
new text begin surcharge under this section as follows:new text end
14.9
new text begin (1) amounts from the surcharge imposed under subdivision 1, paragraph (a), clause new text end
14.10
new text begin (1), in a surcharge fire pension aid account in the special revenue fund; andnew text end
14.11
new text begin (2) amounts from the surcharge imposed under subdivision 1, paragraph (a), clause new text end
14.12
new text begin (2), in a surcharge police pension aid account in the special revenue fund.new text end
14.13
new text begin Subd. 4.new text end new text begin Surcharge termination.new text end new text begin The surcharge imposed under subdivision new text end
14.14
new text begin 1 ends on the December 31 next following the actuarial valuation date on which the new text end
14.15
new text begin assets of the retirement plan on a market value equals or exceeds 90 percent of the total new text end
14.16
new text begin actuarial accrued liabilities of the retirement plan as disclosed in an actuarial valuation new text end
14.17
new text begin prepared under section 356.215 and the Standards for Actuarial Work promulgated by the new text end
14.18
new text begin Legislative Commission on Pensions and Retirement, for the State Patrol retirement plan new text end
14.19
new text begin or the public employees police and fire retirement plan, whichever occurs last.new text end
14.20
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for policies issued after June 30, 2013.new text end
14.21 Sec. 6. Minnesota Statutes 2012, section 477A.011, subdivision 30, is amended to read:
14.22 Subd. 30.
Pre-1940 housing percentage. new text begin (a) Except as provided in paragraph (b), new text end
14.23"pre-1940 housing percentage" for a city is 100 times the most recent federal census count
14.24
new text begin by the United States Bureau of the Censusnew text end of all housing units in the city built before
14.251940, divided by the total number of all housing units in the city. Housing units includes
14.26both occupied and vacant housing units as defined by the federal census.
14.27
new text begin (b) For the city of East Grand Forks only, "pre-1940 housing percentage" is equal new text end
14.28
new text begin to 100 times the 1990 federal census count of all housing units in the city built before new text end
14.29
new text begin 1940, divided by the most recent count by the United States Bureau of the Census of all new text end
14.30
new text begin housing units in the city. Housing units includes both occupied and vacant housing units new text end
14.31
new text begin as defined by the federal census.new text end
14.32
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for aids payable in calendar year new text end
14.33
new text begin 2014 and thereafter.new text end
15.1 Sec. 7. Minnesota Statutes 2012, section 477A.011, is amended by adding a
15.2subdivision to read:
15.3
new text begin Subd. 30a.new text end new text begin Percent of housing built between 1940 and 1970.new text end new text begin "Percent of housing new text end
15.4
new text begin built between 1940 and 1970" is equal to 100 times the most recent count by the United new text end
15.5
new text begin States Bureau of the Census of all housing units in the city built after 1939 but before new text end
15.6
new text begin 1970, divided by the total number of all housing units in the city. Housing units includes new text end
15.7
new text begin both occupied and vacant housing units as defined by the federal census.new text end
15.8
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for aids payable in calendar year new text end
15.9
new text begin 2014 and thereafter.new text end
15.10 Sec. 8. Minnesota Statutes 2012, section 477A.011, subdivision 34, is amended to read:
15.11 Subd. 34.
City revenue need. (a) For a city with a population equal to or greater
15.12than 2,500
new text begin 10,000new text end , "city revenue need" is the greater of 285 or
new text begin 1.15 timesnew text end the sum of (1)
15.135.0734098
new text begin 4.59new text end times the pre-1940 housing percentage; plus (2) 19.141678 times the
15.14population decline percentage
new text begin 0.622 times the percent of housing built between 1940 and new text end
15.15
new text begin 1970new text end ; plus (3) 2504.06334 times the road accidents factor
new text begin 169.415 times the jobs per new text end
15.16
new text begin capitanew text end ; plus (4) 355.0547; minus (5) the metropolitan area factor; minus (6) 49.10638
15.17times the household size
new text begin 307.664new text end .
15.18
new text begin (b) For a city with a population equal to or greater than 2,500 and less than 10,000, new text end
15.19
new text begin "city revenue need" is 1.15 times the sum of (1) 572.62; plus (2) 5.026 times the pre-1940 new text end
15.20
new text begin housing percentage; minus (3) 53.768 times household size; plus (4) 14.022 times peak new text end
15.21
new text begin population decline.new text end
15.22 (b)
new text begin (c)new text end For a city with a population less than 2,500, "city revenue need" is the sum of
15.23(1) 2.387 times the pre-1940 housing percentage; plus (2) 2.67591 times the commercial
15.24industrial percentage; plus (3) 3.16042 times the population decline percentage; plus (4)
15.251.206 times the transformed population; minus (5) 62.772
new text begin 410 plus 0.367 times the city's new text end
15.26
new text begin population over 100. The city revenue need under this paragraph shall not exceed 630new text end .
15.27 (c)
new text begin (d)new text end For a city with a population of
new text begin at leastnew text end 2,500 or more and a population in one
15.28of the most recently available five years that was less than 2,500, "city revenue need"
15.29is the sum of (1) its city revenue need calculated under paragraph (a) multiplied by its
15.30transition factor; plus (2) its city revenue need calculated under the formula in paragraph
15.31(b) multiplied by the difference between one and its transition factor. For purposes of this
15.32paragraph, a city's "transition factor" is equal to 0.2 multiplied by the number of years that
15.33the city's population estimate has been 2,500 or more. This provision only applies for aids
15.34payable in calendar years 2006 to 2008 to cities with a 2002 population of less than 2,500.
15.35It applies to any city for aids payable in 2009 and thereafter
new text begin but less than 3,000, the "city new text end
16.1
new text begin revenue need" equals (1) the transition factor times the city's revenue need calculated in new text end
16.2
new text begin paragraph (b) plus (2) 630 times the difference between one and the transition factor. For new text end
16.3
new text begin a city with a population of at least 10,000 but less than 10,500, the "city revenue need" new text end
16.4
new text begin equals (1) the transition factor times the city's revenue need calculated in paragraph (a) new text end
16.5
new text begin plus (2) the city's revenue need calculated under the formula in paragraph (b) times the new text end
16.6
new text begin difference between one and the transition factor. For purposes of this paragraph "transition new text end
16.7
new text begin factor" is 0.2 percent times the amount that the city's population exceeds the minimum new text end
16.8
new text begin threshold in either of the first two sentencesnew text end .
16.9 (d)
new text begin (e)new text end The city revenue need cannot be less than zero.
16.10 (e)
new text begin (f)new text end For calendar year 2005
new text begin 2015new text end and subsequent years, the city revenue need for
16.11a city, as determined in paragraphs (a) to (d)
new text begin (e)new text end , is multiplied by the ratio of the annual
16.12implicit price deflator for government consumption expenditures and gross investment for
16.13state and local governments as prepared by the United States Department of Commerce,
16.14for the most recently available year to the 2003
new text begin 2013new text end implicit price deflator for state
16.15and local government purchases.
16.16
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for aids payable in calendar year new text end
16.17
new text begin 2014 and thereafter.new text end
16.18 Sec. 9. Minnesota Statutes 2012, section 477A.011, subdivision 42, is amended to read:
16.19 Subd. 42.
City jobs basenew text begin Jobs per capitanew text end . (a) "City jobs base" for a city with a
16.20population of 5,000 or more is equal to the product of (1) $25.20, (2) the number of
16.21jobs per capita in the city, and (3) its population. For cities with a population less than
16.225,000, the city jobs base is equal to zero. For a city receiving aid under
,
16.23paragraph (k), its city jobs base is reduced by the lesser of 36 percent of the amount of
16.24aid received under that paragraph or $1,000,000. No city's city jobs base may exceed
16.25$4,725,000 under this paragraph.
16.26 (b) For calendar year 2010 and subsequent years, the city jobs base for a city, as
16.27determined in paragraph (a), is multiplied by the ratio of the appropriation under section
16.28
477A.03, subdivision 2a, for the year in which the aid is paid to the appropriation under
16.29that section for aids payable in 2009.
16.30 (c) For purposes of this subdivision, "Jobs per capita in the city" means (1) the
16.31average annual number of employees in the city based on the data from the Quarterly
16.32Census of Employment and Wages, as reported by the Department of Employment and
16.33Economic Development, for the most recent calendar year available as of May 1, 2008
16.34
new text begin November 1 of every odd-numbered yearnew text end , divided by (2) the city's population for the
16.35same calendar year as the employment data. The commissioner of the Department of
17.1Employment and Economic Development shall certify to the city the average annual
17.2number of employees for each city by June 1, 2008
new text begin January 15, of every even-numbered new text end
17.3
new text begin year beginning with January 15, 2014new text end . A city may challenge an estimate under this
17.4paragraph by filing its specific objection, including the names of employers that it feels
17.5may have misreported data, in writing with the commissioner by June 20, 2008
new text begin December new text end
17.6
new text begin 1 of every odd-numbered yearnew text end . The commissioner shall make every reasonable effort
17.7to address the specific objection and adjust the data as necessary. The commissioner
17.8shall certify the estimates of the annual employment to the commissioner of revenue by
17.9July 15, 2008
new text begin January 15 of all even-numbered yearsnew text end , including any estimates still under
17.10objection.
new text begin For aids payable in 2014, "jobs per capita" shall be based on the annual number new text end
17.11
new text begin of employees and population for calendar year 2010 without additional review.new text end
17.12
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for aids payable in calendar year new text end
17.13
new text begin 2014 and thereafter.new text end
17.14 Sec. 10. Minnesota Statutes 2012, section 477A.011, is amended by adding a
17.15subdivision to read:
17.16
new text begin Subd. 44.new text end new text begin Peak population decline.new text end new text begin "Peak population decline" is equal to 100 new text end
17.17
new text begin times the difference between one and the ratio of the city's current population, to the new text end
17.18
new text begin highest city population reported in a federal census from the 1970 census or later. "Peak new text end
17.19
new text begin population decline" shall not be less than zero.new text end
17.20
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for aids payable in calendar year new text end
17.21
new text begin 2014 and thereafter.new text end
17.22 Sec. 11. Minnesota Statutes 2012, section 477A.013, subdivision 8, is amended to read:
17.23 Subd. 8.
City formula aid. new text begin (a) For aids payable in 2014 only, the formula aid for new text end
17.24
new text begin a city is equal to the lesser of its unmet need or the sum of (1) its 2013 certified aid and new text end
17.25
new text begin (2) the product of (i) the difference between its unmet need and its 2013 certified aid new text end
17.26
new text begin and (ii) the aid gap percentage.new text end
17.27
new text begin (b) For aids payable in 2015 and thereafter,new text end the formula aid for a city is equal to
17.28the sum of (1) its city jobs base, (2) its small city aid base, and (3) the need increase
17.29percentage multiplied by the average of its unmet need for the most recently available two
17.30years
new text begin formula aid in the previous year and (2) the product of (i) the difference between new text end
17.31
new text begin its unmet need and its certified aid in the previous year under subdivision 9, and (ii) new text end
17.32
new text begin the aid gap percentagenew text end .
18.1No city may have a formula aid amount less than zero. The need increase
new text begin aid gapnew text end
18.2 percentage must be the same for all cities.
18.3 The applicable need increase
new text begin aid gapnew text end percentage must be calculated by the
18.4Department of Revenue so that the total of the aid under subdivision 9 equals the total
18.5amount available for aid under section
477A.03. Data used in calculating aids to cities
18.6under sections
477A.011 to
477A.013 shall be the most recently available data as of
18.7January 1 in the year in which the aid is calculated except that the data used to compute "net
18.8levy" in subdivision 9 is the data most recently available at the time of the aid computation.
18.9
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for aids payable in calendar year new text end
18.10
new text begin 2014 and thereafter.new text end
18.11 Sec. 12. Minnesota Statutes 2012, section 477A.013, subdivision 9, is amended to read:
18.12 Subd. 9.
City aid distribution. (a) In calendar year 2013
new text begin 2014 new text end and thereafter, each
18.13city shall receive an aid distribution equal to the sum of (1) the city formula aid under
18.14subdivision 8, and (2) its city aid base
new text begin aid adjustment under subdivision 13new text end .
18.15 (b) For aids payable in 2013 and 2014 only, the total aid in the previous year for
18.16any city shall mean the amount of aid it was certified to receive for aids payable in 2012
18.17under this section. For aids payable in 2015 and thereafter, the total aid in the previous
18.18year for any city means the amount of aid it was certified to receive under this section in
18.19the previous payable year.
18.20 (c) For aids payable in 2010 and thereafter, the total aid for any city shall not exceed
18.21the sum of (1) ten percent of the city's net levy for the year prior to the aid distribution
18.22plus (2) its total aid in the previous year. For aids payable in 2009 and thereafter, the total
18.23aid for any city with a population of 2,500 or more may not be less than its total aid under
18.24this section in the previous year minus the lesser of $10 multiplied by its population, or ten
18.25percent of its net levy in the year prior to the aid distribution.
18.26 (d)
new text begin (b) For aids payable in 2014 only, the total aid for a city may not be less than the new text end
18.27
new text begin amount it was certified to receive in 2013.new text end For aids payable in 2010
new text begin 2015new text end and thereafter,
18.28the total aid for a city with a population less than 2,500 must not be less than the amount
18.29it was certified to receive in the previous year minus the lesser of $10 multiplied by its
18.30population, or five percent of its 2003 certified aid amount. For aids payable in 2009 only,
18.31the total aid for a city with a population less than 2,500 must not be less than what it
18.32received under this section in the previous year unless its total aid in calendar year 2008
18.33was aid under section
, subdivision 36, paragraph (s), in which case its minimum
18.34aid is zero
new text begin its net levy in the year prior to the aid distributionnew text end .
19.1 (e) A city's aid loss under this section may not exceed $300,000 in any year in
19.2which the total city aid appropriation under section
477A.03, subdivision 2a, is equal or
19.3greater than the appropriation under that subdivision in the previous year, unless the
19.4city has an adjustment in its city net tax capacity under the process described in section
19.5
469.174, subdivision 28.
19.6 (f) If a city's net tax capacity used in calculating aid under this section has decreased
19.7in any year by more than 25 percent from its net tax capacity in the previous year due to
19.8property becoming tax-exempt Indian land, the city's maximum allowed aid increase
19.9under paragraph (c) shall be increased by an amount equal to (1) the city's tax rate in the
19.10year of the aid calculation, multiplied by (2) the amount of its net tax capacity decrease
19.11resulting from the property becoming tax exempt.
19.12
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for aids payable in calendar year new text end
19.13
new text begin 2014 and thereafter.new text end
19.14 Sec. 13. Minnesota Statutes 2012, section 477A.013, is amended by adding a
19.15subdivision to read:
19.16
new text begin Subd. 13.new text end new text begin Certified aid adjustments.new text end new text begin (a) A city that received an aid base increase new text end
19.17
new text begin under Minnesota Statutes 2012, section 477A.011, subdivision 36, paragraph (e), shall new text end
19.18
new text begin have its total aid under subdivision 9 increased by an amount equal to $150,000 for aids new text end
19.19
new text begin payable in 2014 through 2018.new text end
19.20
new text begin (b) A city that received a temporary aid increase under Minnesota Statutes 2012, new text end
19.21
new text begin section 477A.011, subdivision 36, paragraph (m), (v), or (w), shall have its total aid under new text end
19.22
new text begin subdivision 9 decreased by the amount of its aid base increase under those paragraphs in new text end
19.23
new text begin calendar year 2013.new text end
19.24 Sec. 14. Minnesota Statutes 2012, section 477A.03, subdivision 2a, is amended to read:
19.25 Subd. 2a.
Cities. For aids payable in 2013
new text begin 2014new text end and thereafter, the total aid paid
19.26under section
477A.013, subdivision 9, is $426,438,012
new text begin $486,438,012, multiplied by the new text end
19.27
new text begin inflation adjustment under subdivision 6new text end .
19.28
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for aids payable in calendar year new text end
19.29
new text begin 2014 and thereafter.new text end
19.30 Sec. 15. Minnesota Statutes 2012, section 477A.03, subdivision 2b, is amended to read:
19.31 Subd. 2b.
Counties. (a) For aids payable in 2013
new text begin 2014new text end and thereafter, the total aid
19.32payable under section
477A.0124, subdivision 3, is $80,795,000
new text begin $95,795,000new text end . Each
20.1calendar year, $500,000
new text begin of this appropriation new text end shall be retained by the commissioner
20.2of revenue to make reimbursements to the commissioner of management and budget
20.3for payments made under section
611.27. For calendar year 2004, the amount shall
20.4be in addition to the payments authorized under section
477A.0124, subdivision 1.
20.5For calendar year 2005 and subsequent years, the amount shall be deducted from the
20.6appropriation under this paragraph. The reimbursements shall be to defray the additional
20.7costs associated with court-ordered counsel under section
611.27. Any retained amounts
20.8not used for reimbursement in a year shall be included in the next distribution of county
20.9need aid that is certified to the county auditors for the purpose of property tax reduction
20.10for the next taxes payable year.
20.11 (b) For aids payable in 2013
new text begin 2014new text end and thereafter, the total aid under section
20.12477A.0124, subdivision 4
, is $84,909,575
new text begin $99,909,575new text end . The commissioner of management
20.13and budget shall bill the commissioner of revenue for the cost of preparation of local impact
20.14notes as required by section
3.987, not to exceed $207,000 in
new text begin each new text end fiscal year 2004 and
20.15thereafter. The commissioner of education shall bill the commissioner of revenue for the
20.16cost of preparation of local impact notes for school districts as required by section
3.987,
20.17not to exceed $7,000 in
new text begin each new text end fiscal year 2004 and thereafter. The commissioner of revenue
20.18shall deduct the amounts billed under this paragraph from the appropriation under this
20.19paragraph. The amounts deducted are appropriated to the commissioner of management
20.20and budget and the commissioner of education for the preparation of local impact notes.
20.21
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for aid payable in 2014 and thereafter.new text end
20.22 Sec. 16. Minnesota Statutes 2012, section 477A.03, is amended by adding a
20.23subdivision to read:
20.24
new text begin Subd. 6.new text end new text begin Inflation adjustment.new text end new text begin In 2015 and thereafter, the amount paid under new text end
20.25
new text begin subdivision 2a shall be increased by an amount equal to one plus the sum of (1) the new text end
20.26
new text begin percentage increase in the implicit price deflator for government expenditures and gross new text end
20.27
new text begin investment for state and local government purchases as prepared by the United States new text end
20.28
new text begin Department of Commerce, for the 12-month period ending March 31 of the previous new text end
20.29
new text begin calendar year, and (2) the percentage increase in total city population for the most recently new text end
20.30
new text begin available years as of January 15 of the current year. The percentage increase in this new text end
20.31
new text begin subdivision shall not be less than 2.5 percent or greater than five percent.new text end
20.32
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for aids payable in calendar year new text end
20.33
new text begin 2014 and thereafter.new text end
21.1 Sec. 17.
new text begin REPEALER.new text end
21.2
new text begin (a)new text end new text begin Minnesota Statutes 2012, sections 477A.011, subdivisions 2a, 19, 29, 31, 32, 33, new text end
21.3
new text begin 36, 39, 40, 41, and 42; 477A.013, subdivisions 11 and 12; 477A.0133; and 477A.0134,new text end new text begin are new text end
21.4
new text begin repealed.new text end
21.5
new text begin (b)new text end new text begin Laws 2006, chapter 259, article 11, section 3, as amended by Laws 2008, chapter new text end
21.6
new text begin 154, article 1, section 4, new text end new text begin is repealed.new text end
21.7
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for aids payable in calendar year new text end
21.8
new text begin 2014 and thereafter.new text end
21.9
ARTICLE 3
21.10
PROPERTY TAXES
21.11 Section 1. Minnesota Statutes 2012, section 103B.102, subdivision 3, is amended to
21.12read:
21.13 Subd. 3.
Evaluation and report. The Board of Water and Soil Resources shall
21.14evaluate performance, financial, and activity information for each local water management
21.15entity. The board shall evaluate the entities' progress in accomplishing their adopted plans
21.16on a regular basis
new text begin as determined by the board based on budget and operations of the local new text end
21.17
new text begin water management entitynew text end , but not less than once every five
new text begin tennew text end years. The board shall
21.18maintain a summary of local water management entity performance on the board's Web site.
21.19Beginning February 1, 2008, and annually thereafter, the board shall provide an analysis
21.20of local water management entity performance to the chairs of the house of representatives
21.21and senate committees having jurisdiction over environment and natural resources policy.
21.22 Sec. 2. Minnesota Statutes 2012, section 103B.335, is amended to read:
21.23
103B.335 TAX LEVY AUTHORITY.
21.24 Subdivision 1.
Local water planning and management. The governing body of
21.25any county, municipality, or township may levy a tax in an amount required to implement
21.26sections
103B.301 to
103B.355new text begin or a comprehensive watershed management plan as new text end
21.27
new text begin defined in section 103B.3363new text end .
21.28 Subd. 2.
Priority programs; conservation and watershed districts. A county
21.29may levy amounts necessary to pay the reasonable increased costs to soil and water
21.30conservation districts and watershed districts of administering and implementing priority
21.31programs identified in an approved and adopted plan
new text begin or a comprehensive watershed new text end
21.32
new text begin management plan as defined in section 103B.3363new text end .
22.1 Sec. 3. Minnesota Statutes 2012, section 103B.3369, subdivision 5, is amended to read:
22.2 Subd. 5.
Financial assistance. A base grant may be awarded to a county that
22.3provides a match utilizing a water implementation tax or other local source. A water
22.4implementation tax that a county intends to use as a match to the base grant must be
22.5levied at a rate
new text begin sufficient to generate a minimum amount new text end determined by the board.
22.6The board may award performance-based grants to local units of government that are
22.7responsible for implementing elements of applicable portions of watershed management
22.8plans, comprehensive plans, local water management plans, or comprehensive watershed
22.9management plans, developed or amended, adopted and approved, according to chapter
22.10103B, 103C, or 103D. Upon request by a local government unit, the board may also
22.11award performance-based grants to local units of government to carry out TMDL
22.12implementation plans as provided in chapter 114D, if the TMDL implementation plan has
22.13been incorporated into the local water management plan according to the procedures for
22.14approving comprehensive plans, watershed management plans, local water management
22.15plans, or comprehensive watershed management plans under chapter 103B, 103C, or
22.16103D, or if the TMDL implementation plan has undergone a public review process.
22.17Notwithstanding section
16A.41, the board may award performance-based grants on an
22.18advanced basis.
new text begin The fee authorized in section 40A.152 may be used as a local match new text end
22.19
new text begin or as a supplement to state funding to accomplish implementation of comprehensive new text end
22.20
new text begin plans, watershed management plans, local water management plans, or comprehensive new text end
22.21
new text begin watershed management plans under chapter 103B, 103C, or 103D.new text end
22.22 Sec. 4. Minnesota Statutes 2012, section 103C.501, subdivision 4, is amended to read:
22.23 Subd. 4.
Cost-sharing funds. (a) The state board shall allocate at least 70 percent
22.24of cost-sharing funds to areas with high priority erosion, sedimentation, or water quality
22.25problems or water quantity problems due to altered hydrology. The areas must be selected
22.26based on the statewide priorities established by the state board.
22.27
new text begin (b) new text end The allocated funds must be used for conservation practices for high priority
22.28problems identified in the comprehensive and annual work plans of the districts
new text begin , for new text end
22.29
new text begin the technical assistance portion of the grant funds to leverage federal or other nonstate new text end
22.30
new text begin funds, or to address high-priority needs identified in local water management plans or new text end
22.31
new text begin comprehensive watershed management plansnew text end .
22.32 (b) The remaining cost-sharing funds may be allocated to districts as follows:
22.33 (1) for technical and administrative assistance, not more than 20 percent of the
22.34funds; and
23.1 (2) for conservation practices for lower priority erosion, sedimentation, or water
23.2quality problems.
23.3 Sec. 5. Minnesota Statutes 2012, section 103F.405, subdivision 1, is amended to read:
23.4 Subdivision 1.
Authority. Each statutory or home rule charter city, town, or
23.5county that has planning and zoning authority under sections
366.10 to
366.19,
394.21
23.6to
394.37, or
462.351 to
462.365 is encouraged to adopt a soil loss ordinance. The soil
23.7loss ordinance must use the soil loss tolerance for each soil series described in the United
23.8States Soil
new text begin Natural Resources new text end Conservation Service Field Office Technical Guide
new text begin , or new text end
23.9
new text begin another method approved by the Board of Water and Soil Resources,new text end to determine the
23.10soil loss limits, but the soil loss limits must be attainable by the best practicable soil
23.11conservation practice. Ordinances adopted by local governments within the metropolitan
23.12area defined in section
must be consistent with local water management plans
23.13adopted under section
new text begin a comprehensive plan, local water management plan, or new text end
23.14
new text begin watershed management plan developed or amended, adopted and approved, according new text end
23.15
new text begin to chapter 103B, 103C, or 103Dnew text end .
23.16 Sec. 6. Minnesota Statutes 2012, section 272.02, is amended by adding a subdivision
23.17to read:
23.18
new text begin Subd. 98.new text end new text begin Certain property owned by an Indian tribe.new text end new text begin (a) Property is exempt that:new text end
23.19
new text begin (1) was classified as 3a under section 273.13, subdivision 24, for taxes payable new text end
23.20
new text begin in 2013;new text end
23.21
new text begin (2) is located in a city of the first class with a population greater than 300,000 as of new text end
23.22
new text begin the 2010 federal census;new text end
23.23
new text begin (3) is owned and occupied directly or indirectly by a federally recognized Indian new text end
23.24
new text begin tribe within the state of Minnesota; andnew text end
23.25
new text begin (4) is used exclusively for tribal purposes or institutions of public charity as defined new text end
23.26
new text begin in subdivision 7.new text end
23.27
new text begin (b) For purposes of this subdivision, a "tribal purpose" is a public purpose as defined new text end
23.28
new text begin in subdivision 8 and includes noncommercial tribal government activities. Property new text end
23.29
new text begin that qualifies for the exemption under this subdivision is limited to no more than two new text end
23.30
new text begin contiguous parcels and structures that do not exceed in the aggregate 20,000 square feet. new text end
23.31
new text begin Property acquired for single-family housing, market-rate apartments, agriculture, or new text end
23.32
new text begin forestry does not qualify for this exemption. The exemption created by this subdivision new text end
23.33
new text begin expires with taxes payable in 2024.new text end
23.34
new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with taxes payable in 2014.new text end
24.1 Sec. 7. Minnesota Statutes 2012, section 272.02, is amended by adding a subdivision
24.2to read:
24.3
new text begin Subd. 99.new text end new text begin Public entertainment facility; property tax exemption; special new text end
24.4
new text begin assessment.new text end new text begin Any real or personal property acquired, owned, leased, controlled, used, new text end
24.5
new text begin or occupied by a first class city for the primary purpose of providing an arena for a new text end
24.6
new text begin professional basketball team is declared to be acquired, owned, leased, controlled, used, new text end
24.7
new text begin and occupied for public, governmental, and municipal purposes, and is exempt from ad new text end
24.8
new text begin valorem taxation by the state or any political subdivision of the state, provided that the new text end
24.9
new text begin properties are subject to special assessments levied by a political subdivision for a local new text end
24.10
new text begin improvement in amounts proportionate to and not exceeding the special benefit received new text end
24.11
new text begin by the properties from the improvement. In determining the special benefit received by new text end
24.12
new text begin the properties, no possible use of any of the properties in any manner different from their new text end
24.13
new text begin intended use for providing a professional basketball arena at the time may be considered. new text end
24.14
new text begin Notwithstanding section new text end
new text begin , subdivision 2, or new text end
new text begin , real or personal property subject new text end
24.15
new text begin to a lease or use agreement between the city and another person for uses related to the new text end
24.16
new text begin purposes of the operation of the arena is exempt from taxation regardless of the length of new text end
24.17
new text begin the lease or use agreement. This section, insofar as it provides an exemption or special new text end
24.18
new text begin treatment, does not apply to any real property that is leased for residential, business, or new text end
24.19
new text begin commercial development, or to a restaurant that is open for general business more than new text end
24.20
new text begin 200 days a year, or for other purposes different from those necessary to the provision new text end
24.21
new text begin and operation of the arena.new text end
24.22
new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with assessment year 2013.new text end
24.23 Sec. 8. Minnesota Statutes 2012, section 272.02, is amended by adding a subdivision
24.24to read:
24.25
new text begin Subd. 100.new text end new text begin Public entertainment facility; property tax exemption; special new text end
24.26
new text begin assessment.new text end new text begin Any real or personal property acquired, owned, leased, controlled, used, new text end
24.27
new text begin or occupied by a first class city for the primary purpose of providing a ball park for a new text end
24.28
new text begin minor league baseball team is declared to be acquired, owned, leased, controlled, used, new text end
24.29
new text begin and occupied for public, governmental, and municipal purposes, and is exempt from ad new text end
24.30
new text begin valorem taxation by the state or any political subdivision of the state, provided that the new text end
24.31
new text begin properties are subject to special assessments levied by a political subdivision for a local new text end
24.32
new text begin improvement in amounts proportionate to and not exceeding the special benefit received new text end
24.33
new text begin by the properties from the improvement. In determining the special benefit received by new text end
24.34
new text begin the properties, no possible use of any of the properties in any manner different from new text end
24.35
new text begin their intended use for providing a minor league ballpark at the time may be considered. new text end
25.1
new text begin Notwithstanding section new text end
new text begin , subdivision 2, or new text end
new text begin , real or personal property new text end
25.2
new text begin subject to a lease or use agreement between the city and another person for uses related to new text end
25.3
new text begin the purposes of the operation of the ballpark and related parking facilities is exempt from new text end
25.4
new text begin taxation regardless of the length of the lease or use agreement. This section, insofar as it new text end
25.5
new text begin provides an exemption or special treatment, does not apply to any real property that is new text end
25.6
new text begin leased for residential, business, or commercial development or other purposes different new text end
25.7
new text begin from those necessary to the provision and operation of the ball park.new text end
25.8
new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with assessment year 2013.new text end
25.9 Sec. 9. Minnesota Statutes 2012, section 273.11, is amended by adding a subdivision to
25.10read:
25.11
new text begin Subd. 24.new text end new text begin Valuation limit for class 4d property.new text end new text begin Notwithstanding the provisions of new text end
25.12
new text begin subdivision 1, the taxable value of any property classified as class 4d under section 273.13, new text end
25.13
new text begin subdivision 25, is limited as provided under this section. For assessment year 2013, the new text end
25.14
new text begin value may not exceed $100,000 times the number of dwelling units. For subsequent years, new text end
25.15
new text begin the limit is adjusted each year by the average statewide change in estimated market value new text end
25.16
new text begin of property classified as class 4a and 4d under section 273.13, subdivision 25, for the new text end
25.17
new text begin previous assessment year, excluding valuation change due to new construction, rounded to new text end
25.18
new text begin the nearest $1,000. Beginning with assessment year 2014, the commissioner of revenue new text end
25.19
new text begin must certify the limit for each assessment year by November 1 of the previous year.new text end
25.20
new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with assessment year 2013.new text end
25.21 Sec. 10. Minnesota Statutes 2012, section 279.01, subdivision 1, is amended to read:
25.22 Subdivision 1.
Due dates; penalties. Except as provided in subdivision
new text begin subdivisionsnew text end
25.23 3 or 4
new text begin to 5new text end , on May 16 or 21 days after the postmark date on the envelope containing the
25.24property tax statement, whichever is later, a penalty accrues and thereafter is charged upon
25.25all unpaid taxes on real estate on the current lists in the hands of the county treasurer. The
25.26penalty is at a rate of two percent on homestead property until May 31 and four percent on
25.27June 1. The penalty on nonhomestead property is at a rate of four percent until May 31 and
25.28eight percent on June 1. This penalty does not accrue until June 1 of each year, or 21 days
25.29after the postmark date on the envelope containing the property tax statements, whichever
25.30is later, on commercial use real property used for seasonal residential recreational purposes
25.31and classified as class 1c or 4c, and on other commercial use real property classified as
25.32class 3a, provided that over 60 percent of the gross income earned by the enterprise on the
25.33class 3a property is earned during the months of May, June, July, and August. In order for
26.1the first half of the tax due on class 3a property to be paid after May 15 and before June 1,
26.2or 21 days after the postmark date on the envelope containing the property tax statement,
26.3whichever is later, without penalty, the owner of the property must attach an affidavit
26.4to the payment attesting to compliance with the income provision of this subdivision.
26.5Thereafter, for both homestead and nonhomestead property, on the first day of each month
26.6beginning July 1, up to and including October 1 following, an additional penalty of one
26.7percent for each month accrues and is charged on all such unpaid taxes provided that if the
26.8due date was extended beyond May 15 as the result of any delay in mailing property tax
26.9statements no additional penalty shall accrue if the tax is paid by the extended due date. If
26.10the tax is not paid by the extended due date, then all penalties that would have accrued if
26.11the due date had been May 15 shall be charged. When the taxes against any tract or lot
26.12exceed $100, one-half thereof may be paid prior to May 16 or 21 days after the postmark
26.13date on the envelope containing the property tax statement, whichever is later; and, if so
26.14paid, no penalty attaches; the remaining one-half may be paid at any time prior to October
26.1516 following, without penalty; but, if not so paid, then a penalty of two percent accrues
26.16thereon for homestead property and a penalty of four percent on nonhomestead property.
26.17Thereafter, for homestead property, on the first day of November an additional penalty of
26.18four percent accrues and on the first day of December following, an additional penalty of
26.19two percent accrues and is charged on all such unpaid taxes. Thereafter, for nonhomestead
26.20property, on the first day of November and December following, an additional penalty of
26.21four percent for each month accrues and is charged on all such unpaid taxes. If one-half of
26.22such taxes are not paid prior to May 16 or 21 days after the postmark date on the envelope
26.23containing the property tax statement, whichever is later, the same may be paid at any time
26.24prior to October 16, with accrued penalties to the date of payment added, and thereupon
26.25no penalty attaches to the remaining one-half until October 16 following.
26.26 This section applies to payment of personal property taxes assessed against
26.27improvements to leased property, except as provided by section
277.01, subdivision 3.
26.28 A county may provide by resolution that in the case of a property owner that has
26.29multiple tracts or parcels with aggregate taxes exceeding $100, payments may be made in
26.30installments as provided in this subdivision.
26.31 The county treasurer may accept payments of more or less than the exact amount of
26.32a tax installment due. Payments must be applied first to the oldest installment that is due
26.33but which has not been fully paid. If the accepted payment is less than the amount due,
26.34payments must be applied first to the penalty accrued for the year or the installment being
26.35paid. Acceptance of partial payment of tax does not constitute a waiver of the minimum
27.1payment required as a condition for filing an appeal under section
278.03 or any other law,
27.2nor does it affect the order of payment of delinquent taxes under section
280.39.
27.3 Sec. 11. Minnesota Statutes 2012, section 279.01, is amended by adding a subdivision
27.4to read:
27.5
new text begin Subd. 5.new text end new text begin Federal active service exception.new text end new text begin In the case of a homestead property new text end
27.6
new text begin owned by an individual who is on federal active service, as defined in section 190.05, new text end
27.7
new text begin subdivision 5c, as a member of the National Guard or a reserve component, a six-month new text end
27.8
new text begin grace period is granted for complying with the due dates imposed by subdivision 1. During new text end
27.9
new text begin this period, no late fees or penalties shall accrue against the property. The due date for new text end
27.10
new text begin property taxes owed under this chapter for an individual covered by this subdivision shall new text end
27.11
new text begin be November 16 for taxes due on May 16, and April 16 of the following year for taxes due new text end
27.12
new text begin on October 16. A taxpayer making a payment under this subdivision must accompany new text end
27.13
new text begin the payment with a signed copy of the taxpayer's orders or form DD214 showing the new text end
27.14
new text begin dates of active service which clearly indicate that the taxpayer was in active service as a new text end
27.15
new text begin member of the National Guard or a reserve component on the date the payment was due. new text end
27.16
new text begin This grace period applies to all homestead property owned by individuals on federal active new text end
27.17
new text begin service, as herein defined, for all of that property's due dates which fall on a day that is new text end
27.18
new text begin included in the taxpayer's federal active service.new text end
27.19 Sec. 12. Minnesota Statutes 2012, section 279.02, is amended to read:
27.20
279.02 DUTIES OF COUNTY AUDITOR AND TREASURER.
27.21
new text begin Subdivision 1.new text end new text begin Delinquent property; rates.new text end On the first business day in January, of
27.22each year, the county treasurer shall return the tax lists on hand to the county auditor, who
27.23shall compare the same with the statements receipted for by the treasurer on file in the
27.24auditor's office and each tract or lot of real property against which the taxes, or any part
27.25thereof, remain unpaid, shall be deemed delinquent, and thereupon an additional penalty
27.26of two percent on the amount of the original tax remaining unpaid shall immediately
27.27accrue and thereafter be charged upon all such delinquent taxes; and any auditor who
27.28shall make out and deliver any statement of delinquent taxes without including therein
27.29the penalties imposed by law, and any treasurer who shall receive payment of such taxes
27.30without including in such payment all items as shown on the auditor's statement, shall be
27.31liable to the county for the amounts of any items omitted.
27.32
new text begin Subd. 2.new text end new text begin Federal active service exception.new text end new text begin Notwithstanding subdivision 1, a new text end
27.33
new text begin homestead property owned by an individual who is on federal active service, as defined new text end
27.34
new text begin in section 190.05, subdivision 5c, as a member of the National Guard or a reserve new text end
28.1
new text begin component, shall not be deemed delinquent under this section if the due dates imposed new text end
28.2
new text begin under section 279.01 fall on a day in which the individual was on federal active service.new text end
28.3 Sec. 13. Minnesota Statutes 2012, section 287.05, is amended by adding a subdivision
28.4to read:
28.5
new text begin Subd. 10.new text end new text begin Hennepin and Ramsey Counties.new text end new text begin For properties located in Hennepin new text end
28.6
new text begin and Ramsey Counties, the county may impose an additional mortgage registry tax as new text end
28.7
new text begin defined in sections 383A.80 and 383B.80.new text end
28.8
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
28.9 Sec. 14.
new text begin [287.40] HENNEPIN AND RAMSEY COUNTIES.new text end
28.10
new text begin For properties located in Hennepin and Ramsey Counties, the county may impose an new text end
28.11
new text begin additional deed tax as defined in sections 383A.80 and 383B.80.new text end
28.12
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
28.13 Sec. 15. Laws 1988, chapter 645, section 3, as amended by Laws 1999, chapter 243,
28.14article 6, section 9, Laws 2000, chapter 490, article 6, section 15, and Laws 2008, chapter
28.15154, article 2, section 30, is amended to read:
28.16 Sec. 3.
TAX; PAYMENT OF EXPENSES.
28.17 (a) The tax levied by the hospital district under Minnesota Statutes, section
447.34,
28.18must not be levied at a rate that exceeds the amount authorized to be levied under that
28.19section. The proceeds of the tax may be used for all purposes of the hospital district,
28.20except as provided in paragraph (b).
28.21 (b) 0.015 percent of taxable market value of the tax in paragraph (a) may be used
28.22solely
new text begin by the Cook ambulance service and the Orr ambulance servicenew text end for the purpose of
28.23capital expenditures as it relates to
new text begin :new text end
28.24
new text begin (1)new text end ambulance acquisitions for the Cook ambulance service and the Orr ambulance
28.25service and not
new text begin ;new text end
28.26
new text begin (2) attached and portable equipment for use in and for the ambulances; andnew text end
28.27
new text begin (3) parts and replacement parts for maintenance and repair of the ambulances.new text end
28.28
new text begin The money may not be usednew text end for administrative
new text begin , operation, new text end or salary expenses.
28.29
new text begin (c) new text end The part of the levy referred to in paragraph (b) must be administered by the
28.30Cook Hospital and passed on
new text begin in equal amounts new text end directly to the Cook area ambulance
28.31service board and the city of Orr to be held in trust until funding for a new ambulance is
29.1needed by either the Cook ambulance service or the Orr ambulance service
new text begin used for the new text end
29.2
new text begin purposes in paragraph (b)new text end .
29.3 Sec. 16. Laws 1999, chapter 243, article 6, section 11, is amended to read:
29.4 Sec. 11.
CEMETERY LEVY FOR SAWYER BY CARLTON COUNTY.
29.5 Subdivision 1.
Levy authorized. Notwithstanding other law to the contrary, the
29.6Carlton county board of commissioners may
new text begin annuallynew text end levy in and for the unorganized
29.7township
new text begin territorynew text end of Sawyer an amount up to $1,000 annually for cemetery purposes,
29.8beginning with taxes payable in 2000 and ending with taxes payable in 2009.
29.9 Subd. 2.
Effective date. This section is effective June 1, 1999, without local
29.10approval.
29.11
new text begin EFFECTIVE DATE; LOCAL APPROVAL.new text end new text begin This section applies to taxes new text end
29.12
new text begin payable in 2014 and thereafter, and is effective the day after the Carlton county board new text end
29.13
new text begin of commissioners and its chief clerical officer timely complete their compliance with new text end
29.14
new text begin Minnesota Statutes, section 645.021, subdivisions 2 and 3.new text end
29.15 Sec. 17. Laws 2008, chapter 366, article 5, section 33, the effective date, is amended to
29.16read:
29.17
EFFECTIVE DATE.This section is effective for taxes levied in 2008, payable in
29.182009, and is repealed effective for taxes levied in 2013
new text begin 2018new text end , payable in 2014
new text begin 2019new text end ,
29.19and thereafter.
29.20
new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with taxes payable in 2014.new text end
29.21 Sec. 18. Laws 2010, chapter 389, article 1, section 12, the effective date, is amended to
29.22read:
29.23
EFFECTIVE DATE.This section is effective for assessment years
new text begin yearnew text end 2010 and
29.242011, for taxes payable in 2011 and 2012
new text begin thereafternew text end .
29.25
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for assessment year 2012 and new text end
29.26
new text begin thereafter.new text end
29.27 Sec. 19.
new text begin MINNEAPOLIS AND ST. PAUL; ENTERTAINMENT FACILITIES new text end
29.28
new text begin COORDINATION.new text end
30.1
new text begin (a) On or before January 1, 2015, the cities of St. Paul and Minneapolis shall establish new text end
30.2
new text begin a joint governing structure to coordinate and provide for joint marketing, promotion, and new text end
30.3
new text begin scheduling of conventions and events at the Target Center and Xcel Energy Center.new text end
30.4
new text begin (b) On or before February 1, 2014, the cities of St. Paul and Minneapolis, and new text end
30.5
new text begin representatives from the primary professional sports team tenant of each facility, shall also new text end
30.6
new text begin study and report to the legislature on creating a joint governing structure to provide for new text end
30.7
new text begin joint administration, financing, and operations of the facilities and the possible effects of new text end
30.8
new text begin joint governance on the finances of each facility and each city. The study under this new text end
30.9
new text begin paragraph must:new text end
30.10
new text begin (1) examine the current finances of each facility, including past and projected costs new text end
30.11
new text begin and revenues; projected capital improvements; and the current and projected impact new text end
30.12
new text begin of each facility on the city's general fund;new text end
30.13
new text begin (2) determine the impacts of joint governance on the future finances of each facility new text end
30.14
new text begin and city;new text end
30.15
new text begin (3) examine the inclusion of other entertainment venues in the joint governance, and new text end
30.16
new text begin the impact the inclusion of those facilities would have on all the facilities within the joint new text end
30.17
new text begin governing structure and the cities in which they are located; andnew text end
30.18
new text begin (4) consider the amount of city, regional, and state funding, if any, that would be new text end
30.19
new text begin required to fund and operate the facilities under a joint governing structure.new text end
30.20
new text begin (c) In considering joint governing structures under paragraph (b), the study shall new text end
30.21
new text begin specifically consider the feasibility of joining the Target Center and the Xcel Energy new text end
30.22
new text begin Center, and possibly other venues, to the Minnesota Sports Facilities Authority under new text end
30.23
new text begin Minnesota Statutes, section 473J.08. new text end
30.24
new text begin (d) Representatives of the cities and the primary professional sports team tenants new text end
30.25
new text begin of each facility shall meet within 30 days of the effective date of this section to begin new text end
30.26
new text begin implementation of this section.new text end
30.27
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment new text end
30.28
new text begin upon compliance with the provisions of Minnesota Statutes, section 645.021, subdivisions new text end
30.29
new text begin 2 and 3, by the governing bodies of the cities of St. Paul and Minneapolis and their chief new text end
30.30
new text begin clerical officers, and provided that, notwithstanding the time limits under Minnesota new text end
30.31
new text begin Statutes, section 645.021, subdivision 3, the certificates of approval are filed with the new text end
30.32
new text begin secretary of state within 30 days after enactment of this act.new text end
30.33 Sec. 20.
new text begin MORATORIUM ON CHANGES IN ASSESSMENT PRACTICE.new text end
31.1
new text begin (a) An assessor may not deviate from current practices or policies used generally in new text end
31.2
new text begin assessing or determining the taxable status of property used in the production of biofuels, new text end
31.3
new text begin wine, beer, distilled beverages, or dairy products.new text end
31.4
new text begin (b) An assessor may not change the taxable status of any existing property involved new text end
31.5
new text begin in the industrial processes identified in paragraph (a), unless the change is made as a result new text end
31.6
new text begin of a change in use of the property, or to correct an error. For currently taxable properties, new text end
31.7
new text begin the assessor may change the estimated market value of the property.new text end
31.8
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for assessment year 2013 only.new text end
31.9 Sec. 21.
new text begin STUDY AND REPORT ON CERTAIN PROPERTY USED IN new text end
31.10
new text begin BUSINESS AND PRODUCTION.new text end
31.11
new text begin In order to provide the legislature with information on the assessment of property new text end
31.12
new text begin used in business and production activities, the commissioner of revenue must study the new text end
31.13
new text begin impact of the exception contained in Minnesota Statutes, section 272.03, subdivision new text end
31.14
new text begin 1(c)(iii). The commissioner must report a summary of findings and recommendations to new text end
31.15
new text begin the chairs and ranking minority members of the taxes committees of the senate and house new text end
31.16
new text begin of representatives by February 1, 2014.new text end
31.17
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
31.18 Sec. 22.
new text begin REIMBURSEMENT FOR PROPERTY TAX ABATEMENTS.new text end
31.19
new text begin Subdivision 1.new text end new text begin Reimbursement.new text end new text begin The commissioner of revenue shall reimburse new text end
31.20
new text begin taxing jurisdictions for property tax abatements granted in Hennepin County under Laws new text end
31.21
new text begin 2011, First Special Session chapter 7, article 5, section 13, notwithstanding the time limits new text end
31.22
new text begin contained in that section. The reimbursements must be made to each taxing jurisdiction new text end
31.23
new text begin pursuant to the certification of the Hennepin County auditor.new text end
31.24
new text begin Subd. 2.new text end new text begin Appropriation.new text end new text begin The amount necessary, not to exceed $400,000, is new text end
31.25
new text begin appropriated to the commissioner of revenue from the general fund to make the payments new text end
31.26
new text begin required under this section. This appropriation does not cancel but is available until June new text end
31.27
new text begin 30, 2014.new text end
31.28
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
31.29 Sec. 23.
new text begin REPEALER.new text end
31.30
new text begin (a)new text end new text begin Minnesota Statutes 2012, sections 428A.101; and 428A.21,new text end new text begin are repealed.new text end
31.31
new text begin (b)new text end new text begin Minnesota Statutes 2012, sections 383A.80, subdivision 4; and 383B.80, new text end
31.32
new text begin subdivision 4,new text end new text begin are repealed.new text end
32.1
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment, new text end
32.2
new text begin and paragraph (b) reinstates the authority for Hennepin and Ramsey Counties to impose new text end
32.3
new text begin the additional mortgage registry and deed tax effective for deeds and mortgages executed new text end
32.4
new text begin on or after July 1, 2013.new text end
32.5
ARTICLE 4
32.6
ECONOMIC DEVELOPMENT
32.7 Section 1. Minnesota Statutes 2012, section 469.071, subdivision 5, is amended to read:
32.8 Subd. 5.
Exception; parking facilities. Notwithstanding section
469.068, the
32.9Bloomington port authority need not require competitive bidding with respect to a
32.10structured parking facility
new text begin or other public improvementsnew text end constructed in conjunction with,
32.11and directly above or below, or adjacent and integrally related to, a development and
32.12financed with the proceeds of tax increment or
new text begin ,new text end revenue bonds
new text begin , or other funds of the new text end
32.13
new text begin port authority and the city of Bloomingtonnew text end .
32.14
new text begin EFFECTIVE DATE.new text end new text begin This section is effective upon compliance of the governing new text end
32.15
new text begin body of the city of Bloomington with the requirements of Minnesota Statutes, section new text end
32.16
new text begin 645.021, subdivision 3.new text end
32.17 Sec. 2. Minnesota Statutes 2012, section 469.169, is amended by adding a subdivision
32.18to read:
32.19
new text begin Subd. 19.new text end new text begin Additional border city allocation; 2013.new text end new text begin (a) In addition to the tax new text end
32.20
new text begin reductions authorized in subdivisions 12 to 18, the commissioner shall allocate $750,000 new text end
32.21
new text begin for tax reductions to border city enterprise zones in cities located on the western border new text end
32.22
new text begin of the state. The commissioner shall allocate this amount among cities on a per capita new text end
32.23
new text begin basis. Allocations made under this subdivision may be used for tax reductions under new text end
32.24
new text begin section 469.171, or for other offsets of taxes imposed on or remitted by businesses located new text end
32.25
new text begin in the enterprise zone, but only if the municipality determines that the granting of the tax new text end
32.26
new text begin reduction or offset is necessary to retain a business within or attract a business to the zone. new text end
32.27
new text begin The city alternatively may elect to use any portion of the allocation under this paragraph new text end
32.28
new text begin for tax reductions under section 469.1732 or 469.1734.new text end
32.29
new text begin (b) The commissioner shall allocate $750,000 for tax reductions under section new text end
32.30
new text begin 469.1732 or 469.1734 to cities with border city enterprise zones located on the western new text end
32.31
new text begin border of the state. The commissioner shall allocate this amount among the cities on a per new text end
32.32
new text begin capita basis. The city alternatively may elect to use any portion of the allocation provided new text end
32.33
new text begin in this paragraph for tax reductions under section 469.171.new text end
33.1
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2013.new text end
33.2 Sec. 3. Minnesota Statutes 2012, section 469.176, subdivision 4c, is amended to read:
33.3 Subd. 4c.
Economic development districts. (a) Revenue derived from tax increment
33.4from an economic development district may not be used to provide improvements, loans,
33.5subsidies, grants, interest rate subsidies, or assistance in any form to developments
33.6consisting of buildings and ancillary facilities, if more than 15 percent of the buildings and
33.7facilities (determined on the basis of square footage) are used for a purpose other than:
33.8 (1) the manufacturing or production of tangible personal property, including
33.9processing resulting in the change in condition of the property;
33.10 (2) warehousing, storage, and distribution of tangible personal property, excluding
33.11retail sales;
33.12 (3) research and development related to the activities listed in clause (1) or (2);
33.13 (4) telemarketing if that activity is the exclusive use of the property;
33.14 (5) tourism facilities;
new text begin ornew text end
33.15 (6) qualified border retail facilities; or
33.16 (7) space necessary for and related to the activities listed in clauses (1) to (6)
new text begin (5)new text end .
33.17 (b) Notwithstanding the provisions of this subdivision, revenues derived from tax
33.18increment from an economic development district may be used to provide improvements,
33.19loans, subsidies, grants, interest rate subsidies, or assistance in any form for up to 15,000
33.20square feet of any separately owned commercial facility located within the municipal
33.21jurisdiction of a small city, if the revenues derived from increments are spent only to
33.22assist the facility directly or for administrative expenses, the assistance is necessary to
33.23develop the facility, and all of the increments, except those for administrative expenses,
33.24are spent only for activities within the district.
33.25 (c) A city is a small city for purposes of this subdivision if the city was a small city
33.26in the year in which the request for certification was made and applies for the rest of
33.27the duration of the district, regardless of whether the city qualifies or ceases to qualify
33.28as a small city.
33.29 (d) Notwithstanding the requirements of paragraph (a) and the finding requirements
33.30of section
469.174, subdivision 12, tax increments from an economic development district
33.31may be used to provide improvements, loans, subsidies, grants, interest rate subsidies, or
33.32assistance in any form to developments consisting of buildings and ancillary facilities, if
33.33all the following conditions are met:
33.34 (1) the municipality finds that the project will create or retain jobs in this state,
33.35including construction jobs, and that construction of the project would not have
34.1commenced before July 1, 2012, without the authority providing assistance under the
34.2provisions of this paragraph;
34.3 (2) construction of the project begins no later than July 1, 2012;
34.4 (3) the request for certification of the district is made no later than June 30, 2012; and
34.5 (4) for development of housing under this paragraph, the construction must begin
34.6before January 1, 2012.
34.7 The provisions of this paragraph may not be used to assist housing that is developed
34.8to qualify under section
469.1761, subdivision 2 or 3, or similar requirements of other law,
34.9if construction of the project begins later than July 1, 2011.
34.10
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for districts for which the request for new text end
34.11
new text begin certification was made after June 30, 2012.new text end
34.12 Sec. 4. Minnesota Statutes 2012, section 469.176, subdivision 4g, is amended to read:
34.13 Subd. 4g.
General government use prohibited. (a) Tax increments may not be
34.14used to circumvent existing levy limit law.
34.15 (b) No tax increment from any district may be used for the acquisition, construction,
34.16renovation, operation, or maintenance of a building to be used primarily and regularly
34.17for conducting the business of a municipality, county, school district, or any other local
34.18unit of government or the state or federal government. This provision does not prohibit
34.19the use of revenues derived from tax increments for the construction or renovation of
34.20a parking structure.
34.21 (c)(1) Tax increments may not be used to pay for the cost of public improvements,
34.22equipment, or other items, if:
34.23 (i) the improvements, equipment, or other items are located outside of the area of the
34.24tax increment financing district from which the increments were collected; and
34.25 (ii) the improvements, equipment, or items that (A) primarily serve a decorative or
34.26aesthetic purpose, or (B) serve a functional purpose, but their cost is increased by more than
34.27100 percent as a result of the selection of materials, design, or type as compared with more
34.28commonly used materials, designs, or types for similar improvements, equipment, or items.
34.29 (2) The provisions of this paragraph do not apply to expenditures related to the
34.30rehabilitation of historic structures that are:
34.31 (i) individually listed on the National Register of Historic Places; or
34.32 (ii) a contributing element to a historic district listed on the National Register
34.33of Historic Places.
35.1
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment for new text end
35.2
new text begin all tax increment financing districts, regardless of when the request for certification was new text end
35.3
new text begin made, but applies only to amounts spent after final enactment.new text end
35.4 Sec. 5. Minnesota Statutes 2012, section 469.176, subdivision 6, is amended to read:
35.5 Subd. 6.
Action required. (a) If, after four years from the date of certification of
35.6the original net tax capacity of the tax increment financing district pursuant to section
35.7469.177
, no demolition, rehabilitation, or renovation of property or other site preparation,
35.8including qualified improvement of a street adjacent to a parcel but not installation
35.9of utility service including sewer or water systems, has been commenced on a parcel
35.10located within a tax increment financing district by the authority or by the owner of the
35.11parcel in accordance with the tax increment financing plan, no additional tax increment
35.12may be taken from that parcel, and the original net tax capacity of that parcel shall be
35.13excluded from the original net tax capacity of the tax increment financing district. If the
35.14authority or the owner of the parcel subsequently commences demolition, rehabilitation,
35.15or renovation or other site preparation on that parcel including qualified improvement of
35.16a street adjacent to that parcel, in accordance with the tax increment financing plan, the
35.17authority shall certify to the county auditor that the activity has commenced, and the
35.18county auditor shall certify the net tax capacity thereof as most recently certified by the
35.19commissioner of revenue and add it to the original net tax capacity of the tax increment
35.20financing district. The county auditor must enforce the provisions of this subdivision. The
35.21authority must submit to the county auditor evidence that the required activity has taken
35.22place for each parcel in the district. The evidence for a parcel must be submitted by
35.23February 1 of the fifth year following the year in which the parcel was certified as included
35.24in the district. For purposes of this subdivision, qualified improvements of a street are
35.25limited to (1) construction or opening of a new street, (2) relocation of a street, and (3)
35.26substantial reconstruction or rebuilding of an existing street.
35.27 (b) For districts which were certified on or after January 1, 2005, and before April
35.2820, 2009, the four-year period under paragraph (a) is increased to six years
new text begin deemed to end new text end
35.29
new text begin on December 31, 2016new text end .
35.30
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment new text end
35.31
new text begin and applies to districts certified on or after January 1, 2006, and before April 20, 2009.new text end
35.32 Sec. 6. Minnesota Statutes 2012, section 469.177, is amended by adding a subdivision
35.33to read:
36.1
new text begin Subd. 1d.new text end new text begin Original net tax capacity adjustment; homestead market value new text end
36.2
new text begin exclusion.new text end new text begin (a) Upon approval by the municipality, by resolution, the authority may elect new text end
36.3
new text begin to reduce the net tax capacity of a qualified district by the amount of the tax capacity new text end
36.4
new text begin attributable to the market value exclusion under section 273.13, subdivision 35. The new text end
36.5
new text begin amount of the reduction may not reduce the original net tax capacity below zero.new text end
36.6
new text begin (b) For purposes of this subdivision, a qualified district means a tax increment new text end
36.7
new text begin financing district that satisfies the following conditions:new text end
36.8
new text begin (1) for taxes payable in 2011, the authority received a homestead market value credit new text end
36.9
new text begin reimbursement under section 273.1384 for the district of $10,000 or more;new text end
36.10
new text begin (2) for taxes payable in 2013, the reduction in captured tax capacity resulting from new text end
36.11
new text begin the market value exclusion for the district was equal to or greater than 1.75 percent of the new text end
36.12
new text begin district's captured tax capacity; andnew text end
36.13
new text begin (3) either (i) the authority is permitted to expend increments on activities under the new text end
36.14
new text begin provisions of section 469.1763, subdivision 3, or an equivalent provision of special law new text end
36.15
new text begin on July 1, 2013, or (ii) the district's tax increments received for taxes payable in 2012 new text end
36.16
new text begin exceeded the amount of debt service payments due during calendar year 2012 on bonds new text end
36.17
new text begin issued under section 469.178 to which the district's increments are pledged.new text end
36.18
new text begin The calculation of the amount under clause (2) must reflect any adjustments to original new text end
36.19
new text begin net tax capacity made under subdivision 1, paragraphs (d) and (e), for the homestead new text end
36.20
new text begin market value exclusion.new text end
36.21
new text begin (c) The authority must notify the county auditor of its election under this section no new text end
36.22
new text begin later than July 1, 2014. Notifications made by July 1, 2013, are effective beginning for new text end
36.23
new text begin taxes payable in 2014, and notifications made after July 1, 2013, are effective beginning new text end
36.24
new text begin for taxes payable in 2015.new text end
36.25
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment new text end
36.26
new text begin and applies to all tax increment financing districts regardless of when the request for new text end
36.27
new text begin certification was made.new text end
36.28 Sec. 7. Minnesota Statutes 2012, section 473F.08, is amended by adding a subdivision
36.29to read:
36.30
new text begin Subd. 3c.new text end new text begin Mall of America.new text end new text begin (a) When computing the net tax capacity under section new text end
36.31
new text begin 473F.05, the Hennepin County auditor shall exclude the captured tax capacity of Tax new text end
36.32
new text begin Increment Financing Districts No. 1-C and No. 1-G in the city of Bloomington.new text end
36.33
new text begin (b) Notwithstanding the provisions of subdivision 2, paragraph (a), the new text end
36.34
new text begin commercial-industrial contribution percentage for the city of Bloomington is the new text end
37.1
new text begin contribution net tax capacity divided by the total net tax capacity of commercial-industrial new text end
37.2
new text begin property in the city, excluding any commercial-industrial property that is captured tax new text end
37.3
new text begin capacity of Tax Increment Financing Districts No. 1-C and No. 1-G.new text end
37.4
new text begin (c) The property taxes to be paid on commercial-industrial tax capacity that is new text end
37.5
new text begin included in the captured tax capacity of Tax Increment Financing Districts No. 1-C and new text end
37.6
new text begin No. 1-G in the city of Bloomington must be determined as described in subdivision 6, new text end
37.7
new text begin except that the portion of the tax that is based on the areawide tax rate is to be treated new text end
37.8
new text begin as tax increment under section 469.176.new text end
37.9
new text begin (d) The provisions of this subdivision take effect only if the clerk of the city of new text end
37.10
new text begin Bloomington certifies to the Hennepin County auditor that the city has entered into a new text end
37.11
new text begin binding written agreement with the Metropolitan Council to repair and restore, or to new text end
37.12
new text begin replace, the old Cedar Avenue bridge for use by bicycle commuters and recreational users.new text end
37.13
new text begin (e) This subdivision expires on the earliest of the following dates:new text end
37.14
new text begin (1) when the tax increment financing districts have been decertified in 2024 or 2034, new text end
37.15
new text begin as provided by section 10, subdivision 2 or 4; ornew text end
37.16
new text begin (2) on January 1, 2014, if the city clerk fails to make the certification provided in new text end
37.17
new text begin paragraph (d).new text end
37.18
new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning for property taxes payable new text end
37.19
new text begin in 2014.new text end
37.20 Sec. 8. Laws 2008, chapter 366, article 5, section 26, is amended to read:
37.21 Sec. 26.
BLOOMINGTON TAX INCREMENT FINANCING; FIVE-YEAR
37.22
RULE.
37.23
new text begin (a) new text end The requirements of Minnesota Statutes, section
469.1763, subdivision 3, that
37.24activities must be undertaken within a five-year period from the date of certification of
37.25a tax increment financing district, are increased to a ten-year
new text begin 15-yearnew text end period for the
37.26Port Authority of the City of Bloomington's Tax Increment Financing District No. 1-I,
37.27Bloomington Central Station.
37.28
new text begin (b) Notwithstanding the provisions of Minnesota Statutes, section 469.176, or any new text end
37.29
new text begin other law to the contrary, the city of Bloomington and its port authority may extend the new text end
37.30
new text begin duration limits of the district for a period through December 31, 2039.new text end
37.31
new text begin (c) Effective for taxes payable in 2014, tax increment for the district must be new text end
37.32
new text begin computed using the current local tax rate, notwithstanding the provisions of Minnesota new text end
37.33
new text begin Statutes, section 469.177, subdivision 1a.new text end
38.1
new text begin EFFECTIVE DATE.new text end new text begin Paragraphs (a) and (c) are effective upon compliance by new text end
38.2
new text begin the governing body of the city of Bloomington with the requirements of Minnesota new text end
38.3
new text begin Statutes, section 645.021, subdivision 3. Paragraph (b) is effective upon compliance by new text end
38.4
new text begin the governing bodies of the city of Bloomington, Hennepin County, and Independent new text end
38.5
new text begin School District No. 271 with the requirements of Minnesota Statutes, sections 469.1782, new text end
38.6
new text begin subdivision 2, and 645.021, subdivision 3.new text end
38.7 Sec. 9. Laws 2008, chapter 366, article 5, section 34, as amended by Laws 2009,
38.8chapter 88, article 5, section 11, is amended to read:
38.9 Sec. 34.
CITY OF OAKDALE; ORIGINAL TAX CAPACITYnew text begin PARCELS new text end
38.10
new text begin DEEMED OCCUPIEDnew text end .
38.11 (a) The provisions of this section apply to redevelopment tax increment financing
38.12districts created by the Housing and Redevelopment Authority in and for the city of
38.13Oakdale in the areas comprised of the parcels with the following parcel identification
38.14numbers: (1) 3102921320053; 3102921320054; 3102921320055; 3102921320056;
38.153102921320057; 3102921320058; 3102921320062; 3102921320063; 3102921320059;
38.163102921320060; 3102921320061; 3102921330005; and 3102921330004; and (2)
38.172902921330001 and 2902921330005.
38.18 (b) For a district subject to this section, the Housing and Redevelopment Authority
38.19may, when requesting certification of the original tax capacity of the district under
38.20Minnesota Statutes, section
, elect to have the original tax capacity of the district
38.21be certified as the tax capacity of the land.
38.22 (c) The authority to request certification of a district under this section expires on
38.23July 1, 2013.
38.24
new text begin (a) Parcel numbers 3102921320054, 3102921320055, 3102921320056, new text end
38.25
new text begin 3102921320057, 3102921320061, and 3102921330004 are deemed to meet the new text end
38.26
new text begin requirements of Minnesota Statutes, section 469.174, subdivision 10, paragraph (d), new text end
38.27
new text begin notwithstanding any contrary provisions of that paragraph, if the following conditions new text end
38.28
new text begin are met:new text end
38.29
new text begin (1) a building located on any part of each of the specified parcels was demolished after new text end
38.30
new text begin the Housing and Redevelopment Authority for the city of Oakdale adopted a resolution new text end
38.31
new text begin under Minnesota Statutes, section 469.174, subdivision 10, paragraph (d), clause (3);new text end
38.32
new text begin (2) the building was removed either by the authority, by a developer under a new text end
38.33
new text begin development agreement with the Housing and Redevelopment Authority for the city of new text end
38.34
new text begin Oakdale, or by the owner of the property without entering into a development agreement new text end
38.35
new text begin with the Housing and Redevelopment Authority for the city of Oakdale; andnew text end
39.1
new text begin (3) the request for certification of the parcel as part of a district is filed with the new text end
39.2
new text begin county auditor by December 31, 2017.new text end
39.3
new text begin (b) The provisions of this section allow an election by the Housing and new text end
39.4
new text begin Redevelopment Authority for the city of Oakdale for the parcels deemed occupied under new text end
39.5
new text begin paragraph (a), notwithstanding the provisions of Minnesota Statutes, sections 469.174, new text end
39.6
new text begin subdivision 10, paragraph (d), and 469.177, subdivision 1, paragraph (f).new text end
39.7
new text begin EFFECTIVE DATE.new text end new text begin This section is effective upon compliance by the governing new text end
39.8
new text begin body of the city of Oakdale with the requirements of Minnesota Statutes, section 645.021, new text end
39.9
new text begin subdivision 3.new text end
39.10 Sec. 10.
new text begin CITY OF BLOOMINGTON; TAX INCREMENT FINANCING.new text end
39.11
new text begin Subdivision 1.new text end new text begin Addition of property to Tax Increment Financing District new text end
39.12
new text begin No. 1-G.new text end new text begin (a) Notwithstanding the provisions of Minnesota Statutes, section 469.175, new text end
39.13
new text begin subdivision 4, or any other law to the contrary, the governing bodies of the Port Authority new text end
39.14
new text begin of the city of Bloomington and the city of Bloomington may elect to eliminate the real new text end
39.15
new text begin property north of the existing building line on Lot 1, Block 1, Mall of America 7th new text end
39.16
new text begin Addition, exclusive of Lots 2 and 3 from Tax Increment Financing District No. 1-C new text end
39.17
new text begin within Industrial Development District No. 1 Airport South in the city of Bloomington, new text end
39.18
new text begin Minnesota, and expand the boundaries of Tax Increment Financing District No. 1-G new text end
39.19
new text begin to include that property. new text end
39.20
new text begin (b) If the city elects to transfer parcels under this authority, the county auditor shall new text end
39.21
new text begin transfer the original tax capacity of the affected parcels from Tax Increment Financing new text end
39.22
new text begin District No. 1-C to Tax Increment Financing District No. 1-G.new text end
39.23
new text begin Subd. 2.new text end new text begin Authority to extend duration limit; computation of increment.new text end new text begin (a) new text end
39.24
new text begin Notwithstanding Minnesota Statutes, section 469.176, or Laws 1996, chapter 464, article new text end
39.25
new text begin 1, section 8, or any other law to the contrary, the city of Bloomington and its port authority new text end
39.26
new text begin may extend the duration limits of Tax Increment Financing Districts No. 1-C and No. new text end
39.27
new text begin 1-G through December 31, 2033.new text end
39.28
new text begin (b) Effective for property taxes payable in 2017 through 2033, the captured tax new text end
39.29
new text begin capacity of Tax Increment Financing District No. 1-C must be included in computing the new text end
39.30
new text begin tax rates of each local taxing district and the tax increment equals only the amount of tax new text end
39.31
new text begin computed under Minnesota Statutes, section 473F.08, subdivision 3c, paragraph (c).new text end
39.32
new text begin (c) Effective for property taxes payable in 2019 through 2033, the captured tax new text end
39.33
new text begin capacity of Tax Increment Financing District No. 1-G must be included in computing the new text end
39.34
new text begin tax rates of each local taxing district and the tax increment for the district equals only new text end
40.1
new text begin the amount of tax computed under Minnesota Statutes, section 473F.08, subdivision new text end
40.2
new text begin 3c, paragraph (c).new text end
40.3
new text begin Subd. 3.new text end new text begin Treatment of increment.new text end new text begin Increments received under the provisions new text end
40.4
new text begin of subdivision 2, paragraph (b) or (c), and Minnesota Statutes, section 473F.08, new text end
40.5
new text begin subdivision 3c, are deemed to be tax increments of Tax Increment Financing District No. new text end
40.6
new text begin 1-G, notwithstanding any law to the contrary, and without regard to whether they are new text end
40.7
new text begin attributable to captured tax capacity of Tax Increment Financing District No. 1-C.new text end
40.8
new text begin Subd. 4.new text end new text begin Condition.new text end new text begin The authority under this section expires and Tax Increment new text end
40.9
new text begin Financing Districts No. 1-C and No. 1-G must be decertified for taxes payable in 2024 new text end
40.10
new text begin and thereafter, if the total estimated market value of improvements for parcels located in new text end
40.11
new text begin Tax Increment Financing District No. 1-G, as modified, do not exceed $100,000,000 new text end
40.12
new text begin by taxes payable in 2023.new text end
40.13
new text begin EFFECTIVE DATE.new text end new text begin This section is effective upon compliance of the governing new text end
40.14
new text begin body of the city of Bloomington with the requirements of Minnesota Statutes, section new text end
40.15
new text begin 645.021, subdivision 3, but only if the city enters into a binding written agreement with new text end
40.16
new text begin the Metropolitan Council to repair and restore, or to replace, the old Cedar Avenue bridge new text end
40.17
new text begin for use by bicycle commuters and recreational users. This section is effective without new text end
40.18
new text begin approval of the county and school district under Minnesota Statutes, section 469.1782, new text end
40.19
new text begin subdivision 2. The legislature finds that the county and school district are not "affected new text end
40.20
new text begin local government units" within the meaning of Minnesota Statutes, section 469.1782, new text end
40.21
new text begin because the provision allowing extended collection of increment by the tax increment new text end
40.22
new text begin financing districts does not affect their tax bases and tax rates dissimilarly to other counties new text end
40.23
new text begin and school districts in the metropolitan area.new text end
40.24 Sec. 11.
new text begin ST. CLOUD; TAX INCREMENT FINANCING.new text end
40.25
new text begin The request for certification of Tax Increment Financing District No. 2, commonly new text end
40.26
new text begin referred to as the Norwest District, in the city of St. Cloud is deemed to have been made new text end
40.27
new text begin on or after August 1, 1979, and before July 1, 1982. Revenues derived from tax increment new text end
40.28
new text begin for that district must be treated for purposes of any law as revenue of a tax increment new text end
40.29
new text begin financing district for which the request for certification was made during that time period.new text end
40.30
new text begin EFFECTIVE DATE.new text end new text begin This section is effective upon approval by the governing new text end
40.31
new text begin body of the city of St. Cloud and compliance with Minnesota Statutes, section 645.021, new text end
40.32
new text begin subdivision 3.new text end
41.1 Sec. 12.
new text begin DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY; TAX new text end
41.2
new text begin INCREMENT FINANCING DISTRICT.new text end
41.3
new text begin Subdivision 1.new text end new text begin Authorization.new text end new text begin Notwithstanding the provisions of any other law, new text end
41.4
new text begin the Dakota County Community Development Agency may establish a redevelopment tax new text end
41.5
new text begin increment financing district comprised of the properties that were:new text end
41.6
new text begin (1) included in the CDA 10 Robert and South Street district in the city of West new text end
41.7
new text begin St. Paul; andnew text end
41.8
new text begin (2) not decertified before July 1, 2012.new text end
41.9
new text begin The district created under this section terminates no later than December 31, 2018.new text end
41.10
new text begin Subd. 2.new text end new text begin Special rules.new text end new text begin The requirements for qualifying a redevelopment district new text end
41.11
new text begin under Minnesota Statutes, section 469.174, subdivision 10, do not apply to parcels located new text end
41.12
new text begin within the district. Minnesota Statutes, section 469.176, subdivision 4j, do not apply to the new text end
41.13
new text begin district. The original tax capacity of the district is $93,239.new text end
41.14
new text begin Subd. 3.new text end new text begin Authorized expenditures.new text end new text begin Tax increment from the district may be new text end
41.15
new text begin expended to pay for any eligible activities authorized by Minnesota Statutes, chapter 469, new text end
41.16
new text begin within the redevelopment area that includes the district, provided that the boundaries of new text end
41.17
new text begin the redevelopment area may not be expanded to add new area after April 1, 2013. All new text end
41.18
new text begin expenditures for eligible activities are deemed to be activities within the district under new text end
41.19
new text begin Minnesota Statutes, section 469.1763, subdivisions 2 to 4.new text end
41.20
new text begin Subd. 4.new text end new text begin Adjusted net tax capacity.new text end new text begin The captured tax capacity of the district must new text end
41.21
new text begin be included in the adjusted net tax capacity of the city, county, and school district for the new text end
41.22
new text begin purposes of determining local government aid, education aid, and county program aid. new text end
41.23
new text begin The county auditor shall report to the commissioner of revenue the amount of the captured new text end
41.24
new text begin tax capacity for the district at the time the assessment abstracts are filed.new text end
41.25
new text begin EFFECTIVE DATE.new text end new text begin This section is effective upon compliance by the governing new text end
41.26
new text begin body of the Dakota County Community Development Agency with the requirements of new text end
41.27
new text begin Minnesota Statutes, section 645.021, subdivision 3.new text end
41.28 Sec. 13.
new text begin CITY OF GLENCOE; TAX INCREMENT FINANCING DISTRICT new text end
41.29
new text begin EXTENSION.new text end
41.30
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
41.31
new text begin Statutes, section 469.176, subdivision 1b, paragraph (a), clause (4), or any other law to the new text end
41.32
new text begin contrary, the city of Glencoe may collect tax increments from Tax Increment Financing new text end
41.33
new text begin District No. 4 (McLeod County District No. 007) through December 31, 2023, subject to new text end
41.34
new text begin the conditions in subdivision 2.new text end
42.1
new text begin Subd. 2.new text end new text begin Exclusive use of revenues.new text end new text begin (a) All tax increments derived from Tax new text end
42.2
new text begin Increment Financing District No. 4 (McLeod County District No. 007) that are collected new text end
42.3
new text begin after December 31, 2013, must be used only to pay debt service on or to defease bonds that new text end
42.4
new text begin were outstanding on January 1, 2013 and that were issued to finance improvements serving:new text end
42.5
new text begin (1) Tax Increment Financing District No. 14 (McLeod County District No. 033) new text end
42.6
new text begin (Downtown);new text end
42.7
new text begin (2) Tax Increment Financing District No. 15 (McLeod County District No. 035) new text end
42.8
new text begin (Industrial Park); andnew text end
42.9
new text begin (3) benefited properties as further described in proceedings related to the city's series new text end
42.10
new text begin 2007A bonds, dated September 1, 2007, and any bonds issued to refund those bonds.new text end
42.11
new text begin (b) Increments may also be used to pay debt service on or to defease bonds issued to new text end
42.12
new text begin refund the bonds described in paragraph (a), if the refunding bonds do not increase the new text end
42.13
new text begin present value of debt service due on the refunded bonds when the refunding is closed.new text end
42.14
new text begin (c) When the bonds described in paragraphs (a) and (b) have been paid or defeased, new text end
42.15
new text begin the district must be decertified and any remaining increment returned to the city, county, new text end
42.16
new text begin and school district as provided in Minnesota Statutes, section 469.176, subdivision 2, new text end
42.17
new text begin paragraph (c), clause (4).new text end
42.18
new text begin EFFECTIVE DATE.new text end new text begin This section is effective upon compliance by the governing new text end
42.19
new text begin bodies of the city of Glencoe, McLeod County, and Independent School District No. new text end
42.20
new text begin 2859 with the requirements of Minnesota Statutes, sections 469.1782, subdivision 2, and new text end
42.21
new text begin 645.021, subdivision 3.new text end
42.22 Sec. 14.
new text begin CITY OF ELY; TAX INCREMENT FINANCING.new text end
42.23
new text begin Subdivision 1.new text end new text begin Extension of district.new text end new text begin Notwithstanding Minnesota Statutes, section new text end
42.24
new text begin 469.176, subdivision 1b, or any other law to the contrary, the city of Ely may collect new text end
42.25
new text begin tax increment from Tax Increment Financing District No. 1 through December 31, new text end
42.26
new text begin 2021. Increments from the district may only be used to pay binding obligations and new text end
42.27
new text begin administrative expenses.new text end
42.28
new text begin Subd. 2.new text end new text begin Binding obligations.new text end new text begin For purposes of this section, "binding obligations" new text end
42.29
new text begin means the binding contractual or debt obligation of Tax Increment Financing District new text end
42.30
new text begin No. 1 entered into before January 1, 2013.new text end
42.31
new text begin Subd. 3.new text end new text begin Expenditures outside district.new text end new text begin Notwithstanding Minnesota Statutes, new text end
42.32
new text begin section 469.1763, subdivision 2, the governing body of the city of Ely may elect to new text end
42.33
new text begin transfer revenues derived from increments from its Tax Increment Financing District No. new text end
42.34
new text begin 3 to the tax increment account established under Minnesota Statutes, section 469.177, new text end
43.1
new text begin subdivision 5, for Tax Increment Financing District No. 1. The amount that may be new text end
43.2
new text begin transferred is limited to the lesser of:new text end
43.3
new text begin (1) $168,000; ornew text end
43.4
new text begin (2) the total amount due on binding obligations and outstanding on that date, less the new text end
43.5
new text begin amount of increment collected by Tax Increment Financing District No. 1 after December new text end
43.6
new text begin 31, 2012, and administrative expenses of Tax Increment Financing District No. 1 incurred new text end
43.7
new text begin after December 31, 2012.new text end
43.8
new text begin EFFECTIVE DATE.new text end new text begin This section is effective upon approval by the governing new text end
43.9
new text begin bodies of the city of Ely, St. Louis County, and Independent School District No. 696 with new text end
43.10
new text begin the requirements of Minnesota Statutes, sections 469.1782, subdivision 2, and 645.021, new text end
43.11
new text begin subdivision 3. new text end
43.12 Sec. 15.
new text begin CITY OF MAPLEWOOD; TAX INCREMENT FINANCING new text end
43.13
new text begin DISTRICT; SPECIAL RULES.new text end
43.14
new text begin (a) If the city of Maplewood elects, upon the adoption of a tax increment financing new text end
43.15
new text begin plan for a district, the rules under this section apply to one or more redevelopment new text end
43.16
new text begin tax increment financing districts established by the city or the economic development new text end
43.17
new text begin authority of the city. The area within which the redevelopment tax increment districts may new text end
43.18
new text begin be created is parcel 362922240002 (the "parcel") or any replatted parcels constituting a new text end
43.19
new text begin part of the parcel and the adjacent rights-of-way. For purposes of this section, the parcel is new text end
43.20
new text begin the "3M Renovation and Retention Project Area" or "project area."new text end
43.21
new text begin (b) The requirements for qualifying redevelopment tax increment districts under new text end
43.22
new text begin Minnesota Statutes, section 469.174, subdivision 10, do not apply to the parcel, which is new text end
43.23
new text begin deemed eligible for inclusion in a redevelopment tax increment district.new text end
43.24
new text begin (c) The 90 percent rule under Minnesota Statutes, section 469.176, subdivision new text end
43.25
new text begin 4j, does not apply to the parcel.new text end
43.26
new text begin (d) The expenditures outside district rule under Minnesota Statutes, section new text end
43.27
new text begin 469.1763, subdivision 2, does not apply; the five-year rule under Minnesota Statutes, new text end
43.28
new text begin section 469.1763, subdivision 3, is extended to ten years; and expenditures must only new text end
43.29
new text begin be made within the project area.new text end
43.30
new text begin (e) If, after one year from the date of certification of the original net tax capacity new text end
43.31
new text begin of the tax increment district, no demolition, rehabilitation, or renovation of property has new text end
43.32
new text begin been commenced on a parcel located within the tax increment district, no additional tax new text end
43.33
new text begin increment may be taken from that parcel, and the original net tax capacity of the parcel new text end
43.34
new text begin shall be excluded from the original net tax capacity of the tax increment district. If 3M new text end
43.35
new text begin Company subsequently commences demolition, rehabilitation, or renovation, the authority new text end
44.1
new text begin shall certify to the county auditor that the activity has commenced, and the county auditor new text end
44.2
new text begin shall certify the net tax capacity thereof as most recently certified by the commissioner new text end
44.3
new text begin of revenue and add it to the original net tax capacity of the tax increment district. The new text end
44.4
new text begin authority must submit to the county auditor evidence that the required activity has taken new text end
44.5
new text begin place for each parcel in the district.new text end
44.6
new text begin (f) The authority to approve a tax increment financing plan and to establish a tax new text end
44.7
new text begin increment financing district under this section expires December 31, 2018.new text end
44.8
new text begin EFFECTIVE DATE.new text end new text begin This section is effective upon approval by the governing new text end
44.9
new text begin body of the city of Maplewood and upon compliance with Minnesota Statutes, section new text end
44.10
new text begin 645.021, subdivision 3.new text end
44.11 Sec. 16.
new text begin CITY OF MINNEAPOLIS; STREETCAR FINANCING.new text end
44.12
new text begin Subdivision 1.new text end new text begin Definitions.new text end new text begin (a) For purposes of this section, the following terms new text end
44.13
new text begin have the meanings given them.new text end
44.14
new text begin (b) "City" means the city of Minneapolis.new text end
44.15
new text begin (c) "County" means Hennepin County.new text end
44.16
new text begin (d) "District" means the areas certified by the city under subdivision 2 for collection new text end
44.17
new text begin of value capture taxes.new text end
44.18
new text begin (e) "Project area" means the area including one city block on either side of a streetcar new text end
44.19
new text begin line designated by the city to serve the downtown and adjacent neighborhoods of the city.new text end
44.20
new text begin Subd. 2.new text end new text begin Authority to establish district.new text end new text begin (a) The governing body of the city may, by new text end
44.21
new text begin resolution, establish a value capture district consisting of some or all of the taxable parcels new text end
44.22
new text begin located within one or more of the following areas of the city, as described in the resolution:new text end
44.23
new text begin (1) the area bounded by Nicollet Avenue on the west, 16th Street East on the south, new text end
44.24
new text begin First Avenue South on the east, and 14th Street East on the north;new text end
44.25
new text begin (2) the area bounded by Spruce Place on the west, 14th Street West on the south, new text end
44.26
new text begin LaSalle Avenue on the east, and Grant Street West on the north;new text end
44.27
new text begin (3) the area bounded by Nicollet Avenue or Mall on the west, Fifth Street South on new text end
44.28
new text begin the south, Marquette Avenue on the east, and Fourth Street South on the north; andnew text end
44.29
new text begin (4) the area bounded by First Avenue North on the west, Washington Avenue on the new text end
44.30
new text begin south, Hennepin Avenue on the east, and Second Street North on the north.new text end
44.31
new text begin (b) The city may establish the district and the project area only after holding a public new text end
44.32
new text begin hearing on its proposed creation after publishing notice of the hearing and the proposal at new text end
44.33
new text begin least once not less than ten days nor more than 30 days before the date of the hearing.new text end
45.1
new text begin Subd. 3.new text end new text begin Calculation of value capture district; administrative provisions.new text end new text begin (a) If new text end
45.2
new text begin the city establishes a value capture district under subdivision 2, the city shall request the new text end
45.3
new text begin county auditor to certify the district for calculation of the district's tax revenues.new text end
45.4
new text begin (b) For purposes of calculating the tax revenues of the district, the county auditor new text end
45.5
new text begin shall treat the district as if it were a request for certification of a tax increment financing new text end
45.6
new text begin district under the provisions of Minnesota Statutes, section 469.177, and shall calculate new text end
45.7
new text begin the tax revenues of the district for each year of its duration under subdivision 4 as equaling new text end
45.8
new text begin the amount of tax increment under Minnesota Statutes, section 469.177, except that the new text end
45.9
new text begin current total tax rate, excluding the state general tax rate, must be used in the calculation, new text end
45.10
new text begin rather than a certified original tax rate. The city shall provide the county auditor with the new text end
45.11
new text begin necessary information to certify the district, including the option for calculating revenues new text end
45.12
new text begin derived from the areawide tax rate under Minnesota Statutes, chapter 473F.new text end
45.13
new text begin (c) The county auditor shall pay to the city at the same times provided for settlement new text end
45.14
new text begin of taxes and payment of tax increments the tax revenues of the district. The city must use new text end
45.15
new text begin the tax revenues as provided under subdivision 4.new text end
45.16
new text begin Subd. 4.new text end new text begin Permitted uses of district tax revenues.new text end new text begin (a) In addition to paying for new text end
45.17
new text begin reasonable administrative costs of the district, the city may spend tax revenues of the new text end
45.18
new text begin district for property acquisition, improvements, and equipment to be used for operations new text end
45.19
new text begin within the project area, along with related costs, for:new text end
45.20
new text begin (1) planning, design, and engineering services related to the construction of the new text end
45.21
new text begin streetcar line;new text end
45.22
new text begin (2) acquiring property for, constructing, and installing a streetcar line;new text end
45.23
new text begin (3) acquiring and maintaining equipment and rolling stock and related facilities, such new text end
45.24
new text begin as maintenance facilities, which need not be located in the project area;new text end
45.25
new text begin (4) acquiring, constructing, or improving transit stations; andnew text end
45.26
new text begin (5) acquiring or improving public space, including the construction and installation new text end
45.27
new text begin of improvements to streets and sidewalks, decorative lighting and surfaces, and plantings new text end
45.28
new text begin related to the streetcar line.new text end
45.29
new text begin (b) The city may issue bonds or other obligations under Minnesota Statutes, chapter new text end
45.30
new text begin 475, without an election, to fund acquisition or improvement of property of a capital new text end
45.31
new text begin nature authorized by this section, including any costs of issuance. The city may also issue new text end
45.32
new text begin bonds or other obligations to refund those bonds or obligations. Payment of principal new text end
45.33
new text begin and interest on the bonds or other obligations issued under this paragraph is a permitted new text end
45.34
new text begin use of the district's tax revenues.new text end
45.35
new text begin (c) Tax revenues of the district may not be used for the operation of the streetcar line.new text end
46.1
new text begin Subd. 5.new text end new text begin Duration of the district.new text end new text begin A district established under this section is limited new text end
46.2
new text begin to the lesser of (1) 25 years of tax revenues, or (2) the time necessary to collect tax revenues new text end
46.3
new text begin equal to the amount of the capital costs permitted under subdivision 4 or the amount needed new text end
46.4
new text begin to pay or defease bonds or other obligations issued under subdivision 4, whichever is later.new text end
46.5
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
46.6
ARTICLE 5
46.7
MINING TAXES
46.8 Section 1.
new text begin [116C.99] SILICA SAND MINING ACCOUNT.new text end
46.9
new text begin A silica sand mining account is created in the special revenue fund. Money in the new text end
46.10
new text begin account is available for development of model standards, technical assistance to counties new text end
46.11
new text begin and other governments, other assistance to counties, and other purposes as appropriated new text end
46.12
new text begin by law.new text end
46.13 Sec. 2.
new text begin [297J.01] DEFINITIONS.new text end
46.14
new text begin Subdivision 1.new text end new text begin Scope.new text end new text begin Unless otherwise defined in this chapter, or unless the new text end
46.15
new text begin context clearly indicates otherwise, the terms used in this chapter have the meaning given new text end
46.16
new text begin them in this section. The definitions in this section are for tax administration purposes new text end
46.17
new text begin and apply to this chapter.new text end
46.18
new text begin Subd. 2.new text end new text begin Commissioner.new text end new text begin "Commissioner" means the commissioner of revenue or a new text end
46.19
new text begin person to whom the commissioner has delegated functions.new text end
46.20
new text begin Subd. 3.new text end new text begin Mining.new text end new text begin "Mining" means excavating and mining of silica sand by any new text end
46.21
new text begin process, including digging, excavating, drilling, blasting, tunneling, dredging, stripping, new text end
46.22
new text begin or by shaft.new text end
46.23
new text begin Subd. 4.new text end new text begin Person.new text end new text begin "Person" means an individual, fiduciary, estate, trust, partnership, new text end
46.24
new text begin or corporation.new text end
46.25
new text begin Subd. 5.new text end new text begin Processing.new text end new text begin "Processing" means washing, cleaning, screening, crushing, new text end
46.26
new text begin filtering, sorting, stockpiling, and storing silica sand at the mining site or at any other site.new text end
46.27
new text begin Subd. 6.new text end new text begin Silica sand.new text end new text begin "Silica sand" means well-rounded, sand-sized grains of quartz new text end
46.28
new text begin (silica dioxide) with very few impurities in terms of other minerals. Specifically, silica new text end
46.29
new text begin sand for the purpose of this section is commercially valuable for use in the hydraulic new text end
46.30
new text begin fracturing of shale to obtain oil and natural gas. Silica sand does not include common new text end
46.31
new text begin rock, stone, aggregate, gravel, sand with a low quartz level, or silica compounds recovered new text end
46.32
new text begin as a by-product of metallic mining.new text end
47.1
new text begin Subd. 7.new text end new text begin Temporary storage.new text end new text begin "Temporary storage" means the storage of stockpiles new text end
47.2
new text begin of silica sand that have been transported and are awaiting further transport.new text end
47.3
new text begin Subd. 8.new text end new text begin Ton.new text end new text begin "Ton" means 2,000 pounds.new text end
47.4
new text begin Subd. 9.new text end new text begin Transporting.new text end new text begin "Transporting" means hauling silica sand, by any carrier:new text end
47.5
new text begin (1) from the mining site to a processing or transfer site; ornew text end
47.6
new text begin (2) from a processing or storage site to a rail, barge, or transfer site for shipment.new text end
47.7
new text begin Subd. 10.new text end new text begin Year.new text end new text begin "Year" means a calendar year.new text end
47.8
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
47.9 Sec. 3.
new text begin [297J.02] TAX IMPOSED.new text end
47.10
new text begin Subdivision 1.new text end new text begin Mining tax; rate.new text end new text begin A tax is imposed on any person who mines silica new text end
47.11
new text begin sand from within the state. The tax equals 40 cents per cubic yard of fracturing sand new text end
47.12
new text begin extracted. The volume includes any material removed from the extraction site prior to new text end
47.13
new text begin washing.new text end
47.14
new text begin Subd. 2.new text end new text begin Processing tax; rate.new text end new text begin A tax is imposed on any person engaged in new text end
47.15
new text begin processing silica sand within the state. The rate of tax imposed is three percent of the new text end
47.16
new text begin market value of the silica sand processed. Market value is determined based on the sale new text end
47.17
new text begin price of the processed silica sand.new text end
47.18
new text begin Subd. 3.new text end new text begin Return and remittance.new text end new text begin Taxes imposed by this section are due and new text end
47.19
new text begin payable to the commissioner when the silica sand return is required to be filed. Silica sand new text end
47.20
new text begin returns must be filed on a form prescribed by the commissioner. Silica sand returns and new text end
47.21
new text begin taxes imposed under this section must be filed with the commissioner on or before the new text end
47.22
new text begin 20th day of the month following the close of the previous calendar month.new text end
47.23
new text begin Subd. 4.new text end new text begin Proceeds of taxes.new text end new text begin Revenue received from taxes under this chapter, as new text end
47.24
new text begin well as all related penalties, interest, fees, and miscellaneous sources of revenue, must be new text end
47.25
new text begin deposited by the commissioner in the state treasury and credited as follows:new text end
47.26
new text begin (1) $2,000,000 in fiscal year 2014, $2,690,000 in fiscal year 2015, and $2,000,000 in new text end
47.27
new text begin each fiscal year thereafter must be credited to the silica sand mining account in the special new text end
47.28
new text begin revenue fund under section 116C.99; andnew text end
47.29
new text begin (2) the balance of revenues derived from taxes, penalties, interest, fees, and new text end
47.30
new text begin miscellaneous sources of income are credited to the general fund.new text end
47.31
new text begin Subd. 5.new text end new text begin Personal debt.new text end new text begin The tax imposed by this section, and interest and penalties new text end
47.32
new text begin imposed with respect to it, are a personal debt of the person required to file a return from new text end
47.33
new text begin the time the liability for it arises, irrespective of when the time for payment of the liability new text end
47.34
new text begin occurs. The debt must, in the case of the executor or administrator of the estate of a new text end
47.35
new text begin decedent and in the case of a fiduciary, be that of the person in the person's official or new text end
48.1
new text begin fiduciary capacity only unless the person has voluntarily distributed the assets held in that new text end
48.2
new text begin capacity without reserving sufficient assets to pay the tax, interest, and penalties, in which new text end
48.3
new text begin event the person is personally liable for any deficiency.new text end
48.4
new text begin Subd. 6.new text end new text begin Refunds; appropriation.new text end new text begin A person who has paid to the commissioner new text end
48.5
new text begin an amount of tax under this chapter for a period in excess of the amount legally due new text end
48.6
new text begin for that period, may file with the commissioner a claim for a refund of the excess. The new text end
48.7
new text begin amount necessary to pay the refunds under this subdivision is appropriated from the new text end
48.8
new text begin general fund to the commissioner.new text end
48.9
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
48.10 Sec. 4.
new text begin [297J.03] REGISTRATION; REPORTING; FILING REQUIREMENTS.new text end
48.11
new text begin Subdivision 1.new text end new text begin Registration.new text end new text begin A person who extracts or processes silica sand within new text end
48.12
new text begin the state must register with the commissioner, on a form prescribed by the commissioner, new text end
48.13
new text begin for a silica sand identification number. The commissioner shall issue the applicant a new text end
48.14
new text begin registration number. A registration number is not assignable and is valid only for the new text end
48.15
new text begin person in whose name it is issued.new text end
48.16
new text begin Subd. 2.new text end new text begin Reporting.new text end new text begin (a) A person who extracts or processes silica sand in this state new text end
48.17
new text begin must file a report showing the amount of silica sand extracted or processed monthly on or new text end
48.18
new text begin before the 20th day of the month following the month in which the silica sand was extracted new text end
48.19
new text begin or processed. The commissioner may inspect the premises, books, and records, of a person new text end
48.20
new text begin subject to the silica sand tax during the normal business hours of the person extracting or new text end
48.21
new text begin processing silica sand. A person violating this section is guilty of a misdemeanor.new text end
48.22
new text begin (b) A person shall keep at each place of business complete and accurate records new text end
48.23
new text begin for that place of business, including records of silica sand extracted or processed in the new text end
48.24
new text begin state. Scale records, sales records, or any other records of tons of silica sand extracted new text end
48.25
new text begin or processed in this state, produced or maintained by the person extracting or processing new text end
48.26
new text begin silica sand, must be retained by the person extracting or processing silica sand in this new text end
48.27
new text begin state. Books, records, invoices, and other papers and documents required by this section new text end
48.28
new text begin must be kept for a period of at least 3-1/2 years after the date of the monthly silica sand new text end
48.29
new text begin report unless the commissioner of revenue authorizes, in writing, their destruction or new text end
48.30
new text begin disposal at an earlier date.new text end
48.31
new text begin Subd. 3.new text end new text begin Extensions.new text end new text begin If, in the commissioner's judgment, good cause exists, the new text end
48.32
new text begin commissioner may extend the time for filing reports under this section and silica sand new text end
48.33
new text begin returns under section 297J.02 and for paying taxes under section 297J.02 for not more new text end
48.34
new text begin than six months.new text end
49.1
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
49.2 Sec. 5.
new text begin [297J.04] LIMITATIONS ON TIME FOR ASSESSMENT OF TAX.new text end
49.3
new text begin Subdivision 1.new text end new text begin Assessment.new text end new text begin Except as otherwise provided in this chapter, the new text end
49.4
new text begin amount of taxes assessable must be assessed within 3-1/2 years after the date the return is new text end
49.5
new text begin filed, whether or not the return is filed on or after the date prescribed. A return must not be new text end
49.6
new text begin treated as filed until it is in processible form. A return is in processible form if it is filed new text end
49.7
new text begin on a permitted form and contains sufficient data to identify the taxpayer and permit the new text end
49.8
new text begin mathematical verification of the tax liability shown on the return. For purposes of this new text end
49.9
new text begin section, a return filed before the last day prescribed by law for filing is considered to new text end
49.10
new text begin be filed on the last day.new text end
49.11
new text begin Subd. 2.new text end new text begin False or fraudulent return.new text end new text begin Notwithstanding subdivision 1, the tax may be new text end
49.12
new text begin assessed at any time if a false or fraudulent return is filed or if a taxpayer fails to file a return.new text end
49.13
new text begin Subd. 3.new text end new text begin Omission in excess of 25 percent.new text end new text begin Additional taxes may be assessed new text end
49.14
new text begin within 6-1/2 years after the due date of the return or the date the return was filed, new text end
49.15
new text begin whichever is later, if the taxpayer omits from a return taxes in excess of 25 percent of new text end
49.16
new text begin the taxes reported in the return.new text end
49.17
new text begin Subd. 4.new text end new text begin Time limit on refunds.new text end new text begin Unless otherwise provided in this chapter, a claim new text end
49.18
new text begin for a refund of an overpayment of tax must be filed within 3-1/2 years from the date new text end
49.19
new text begin prescribed for filing the silica sand tax return. Interest on refunds must be computed at new text end
49.20
new text begin the rate specified in section 270C.405 from the date of payment to the date the refund is new text end
49.21
new text begin paid or credited. For purposes of this subdivision, the date of payment is the later of the new text end
49.22
new text begin date the tax was finally due or was paid.new text end
49.23
new text begin Subd. 5.new text end new text begin Bankruptcy; suspension of time.new text end new text begin The time during which a tax must be new text end
49.24
new text begin assessed or collection proceedings begun is suspended during the period from the date of a new text end
49.25
new text begin filing of a petition in bankruptcy until 30 days after either: (1) notice to the commissioner new text end
49.26
new text begin that the bankruptcy proceedings have been closed or dismissed; or (2) the automatic stay new text end
49.27
new text begin has been ended or has expired, whichever occurs first. The suspension of the statute of new text end
49.28
new text begin limitations under this subdivision applies to the person the petition in bankruptcy is filed new text end
49.29
new text begin against, and all other persons who may also be wholly or partially liable for the tax.new text end
49.30
new text begin Subd. 6.new text end new text begin Extension agreement.new text end new text begin If, before the expiration of time prescribed in new text end
49.31
new text begin subdivisions 1 and 4 for the assessment of tax or the filing of a claim for refund, both the new text end
49.32
new text begin commissioner and the taxpayer have consented in writing to the assessment or filing of a new text end
49.33
new text begin claim for refund after that time, the tax may be assessed or the claim for refund filed at any new text end
49.34
new text begin time before the expiration of the agreed upon period. The period may be extended by later new text end
49.35
new text begin agreements in writing before the expiration of the period previously agreed upon.new text end
50.1
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactmentnew text end
50.2 Sec. 6.
new text begin [297J.05] CIVIL PENALTIES.new text end
50.3
new text begin Subdivision 1.new text end new text begin Penalty for failure to pay tax.new text end new text begin If a tax is not paid within the time new text end
50.4
new text begin specified for payment, a penalty is added to the amount required to be shown as tax. The new text end
50.5
new text begin penalty is five percent of the unpaid tax if the failure is for not more than 30 days, with new text end
50.6
new text begin an additional penalty of five percent of the amount of tax remaining unpaid during each new text end
50.7
new text begin additional 30 days or fraction of 30 days during which the failure continues, not exceeding new text end
50.8
new text begin 15 percent in the aggregate. For purposes of this subdivision, if the taxpayer has not filed new text end
50.9
new text begin a return, the time specified for payment is the final date a return should have been filed.new text end
50.10
new text begin Subd. 2.new text end new text begin Penalty for failure to make and file return.new text end new text begin If a taxpayer fails to make new text end
50.11
new text begin and file a return within the time prescribed or an extension, a penalty is added to the tax. new text end
50.12
new text begin The penalty is five percent of the amount of tax not paid on or before the date prescribed new text end
50.13
new text begin for payment of the tax.new text end
50.14
new text begin Subd. 3.new text end new text begin Penalty for intentional disregard of law or rules.new text end new text begin If part of an additional new text end
50.15
new text begin assessment is due to negligence or intentional disregard of the provisions of this chapter or new text end
50.16
new text begin rules of the commissioner of revenue (but without intent to defraud), there is added to the new text end
50.17
new text begin tax an amount equal to ten percent of the additional assessment.new text end
50.18
new text begin Subd. 4.new text end new text begin Penalty for false or fraudulent return; evasion.new text end new text begin If a person files a false new text end
50.19
new text begin or fraudulent return, or attempts in any manner to evade or defeat a tax or payment of new text end
50.20
new text begin tax, there is imposed on the person a penalty equal to 50 percent of the tax found due new text end
50.21
new text begin for the period to which the return related, less amounts paid by the person on the basis new text end
50.22
new text begin of the false or fraudulent return.new text end
50.23
new text begin Subd. 5.new text end new text begin Penalty for repeated failures to file returns or pay taxes.new text end new text begin If there is a new text end
50.24
new text begin pattern by a person of repeated failures to timely file returns or timely pay taxes, and new text end
50.25
new text begin written notice is given that a penalty will be imposed if such failures continue, a penalty new text end
50.26
new text begin of 25 percent of the amount of tax not timely paid as a result of each such subsequent new text end
50.27
new text begin failure is added to the tax. The penalty can be abated under the abatement authority in new text end
50.28
new text begin section 270C.34.new text end
50.29
new text begin Subd. 6.new text end new text begin Payment of penalties.new text end new text begin The penalties imposed by this section must be new text end
50.30
new text begin collected and paid in the same manner as taxes. These penalties are in addition to criminal new text end
50.31
new text begin penalties imposed by this chapter.new text end
50.32
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
50.33 Sec. 7.
new text begin [297J.07] INTEREST.new text end
51.1
new text begin Subdivision 1.new text end new text begin Rate.new text end new text begin If an interest assessment is required under this section, interest new text end
51.2
new text begin is computed at the rate specified in section 270C.40.new text end
51.3
new text begin Subd. 2.new text end new text begin Late payment.new text end new text begin If a tax is not paid within the time specified by law for new text end
51.4
new text begin payment, the unpaid tax bears interest from the date the tax should have been paid until new text end
51.5
new text begin the date the tax is paid.new text end
51.6
new text begin Subd. 3.new text end new text begin Extensions.new text end new text begin If an extension of time for payment has been granted, interest new text end
51.7
new text begin must be paid from the date the payment should have been made if no extension had been new text end
51.8
new text begin granted, until the date the tax is paid.new text end
51.9
new text begin Subd. 4.new text end new text begin Additional assessments.new text end new text begin If a taxpayer is liable for additional taxes because new text end
51.10
new text begin of a redetermination by the commissioner, or for any other reason, the additional taxes new text end
51.11
new text begin bear interest from the time the tax should have been paid, without regard to any extension new text end
51.12
new text begin allowed, until the date the tax is paid.new text end
51.13
new text begin Subd. 5.new text end new text begin Erroneous refunds.new text end new text begin In the case of an erroneous refund, interest accrues new text end
51.14
new text begin from the date the refund was paid unless the erroneous refund results from a mistake of new text end
51.15
new text begin the department, then no interest or penalty is imposed unless the deficiency assessment is new text end
51.16
new text begin not satisfied within 60 days of the order.new text end
51.17
new text begin Subd. 6.new text end new text begin Interest on judgments.new text end new text begin Notwithstanding section 549.09, if judgment is new text end
51.18
new text begin entered in favor of the commissioner with regard to any tax, the judgment bears interest new text end
51.19
new text begin at the rate specified in section 270C.40 from the date the judgment is entered until the new text end
51.20
new text begin date of payment.new text end
51.21
new text begin Subd. 7.new text end new text begin Interest on penalties.new text end new text begin A penalty imposed under section 297J.05, new text end
51.22
new text begin subdivision 1, 2, 3, 4, or 5, bears interest from the date the return or payment was required new text end
51.23
new text begin to be filed or paid, including any extensions, to the date of payment of the penalty.new text end
51.24
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
51.25 Sec. 8. Minnesota Statutes 2012, section 298.28, subdivision 4, is amended to read:
51.26 Subd. 4.
School districts. (a) 23.15 cents per taxable ton, plus the increase provided
51.27in paragraph (d), less the amount that would have been computed under Minnesota
51.28Statutes 2008, section
126C.21, subdivision 4, for the current year for that district, must be
51.29allocated to qualifying school districts to be distributed, based upon the certification of the
51.30commissioner of revenue, under paragraphs (b), (c), and (f).
51.31 (b)(i) 3.43 cents per taxable ton must be distributed to the school districts in which
51.32the lands from which taconite was mined or quarried were located or within which the
51.33concentrate was produced. The distribution must be based on the apportionment formula
51.34prescribed in subdivision 2.
52.1 (ii) Four cents per taxable ton from each taconite facility must be distributed to
52.2each affected school district for deposit in a fund dedicated to building maintenance
52.3and repairs, as follows:
52.4 (1) proceeds from Keewatin Taconite or its successor are distributed to Independent
52.5School Districts Nos. 316, Coleraine, and 319, Nashwauk-Keewatin, or their successor
52.6districts;
52.7 (2) proceeds from the Hibbing Taconite Company or its successor are distributed to
52.8Independent School Districts Nos. 695, Chisholm, and 701, Hibbing, or their successor
52.9districts;
52.10 (3) proceeds from the Mittal Steel Company and Minntac or their successors are
52.11distributed to Independent School Districts Nos. 712, Mountain Iron-Buhl, 706, Virginia,
52.122711, Mesabi East, and 2154, Eveleth-Gilbert, or their successor districts;
52.13 (4) proceeds from the Northshore Mining Company or its successor are distributed
52.14to Independent School Districts Nos. 2142, St. Louis County, and 381, Lake Superior,
52.15or their successor districts; and
52.16 (5) proceeds from United Taconite or its successor are distributed to Independent
52.17School Districts Nos. 2142, St. Louis County, and 2154, Eveleth-Gilbert, or their
52.18successor districts.
52.19 Revenues that are required to be distributed to more than one district shall be
52.20apportioned according to the number of pupil units identified in section
126C.05,
52.21subdivision 1
, enrolled in the second previous year.
52.22 (c)(i) 15.72 cents per taxable ton, less any amount distributed under paragraph (e),
52.23shall be distributed to a group of school districts comprised of those school districts which
52.24qualify as a tax relief area under section
273.134, paragraph (b), or in which there is a
52.25qualifying municipality as defined by section
273.134, paragraph (a), in direct proportion
52.26to school district indexes as follows: for each school district, its pupil units determined
52.27under section
126C.05 for the prior school year shall be multiplied by the ratio of the
52.28average adjusted net tax capacity per pupil unit for school districts receiving aid under
52.29this clause as calculated pursuant to chapters 122A, 126C, and 127A for the school year
52.30ending prior to distribution to the adjusted net tax capacity per pupil unit of the district.
52.31Each district shall receive that portion of the distribution which its index bears to the sum
52.32of the indices for all school districts that receive the distributions.
52.33 (ii) Notwithstanding clause (i), each school district that receives a distribution
52.34under sections
298.018;
298.23 to
298.28, exclusive of any amount received under this
52.35clause;
298.34 to
298.39;
298.391 to
298.396;
298.405; or any law imposing a tax on
52.36severed mineral values after reduction for any portion distributed to cities and towns
53.1under section
126C.48, subdivision 8, paragraph (5), that is less than the amount of its
53.2levy reduction under section
126C.48, subdivision 8, for the second year prior to the
53.3year of the distribution shall receive a distribution equal to the difference; the amount
53.4necessary to make this payment shall be derived from proportionate reductions in the
53.5initial distribution to other school districts under clause (i). If there are insufficient tax
53.6proceeds to make the distribution provided under this paragraph in any year, money must
53.7be transferred from the taconite property tax relief account in subdivision 6, to the extent
53.8of the shortfall in the distribution.
53.9 (d) Any school district described in paragraph (c) where a levy increase pursuant to
53.10section
126C.17, subdivision 9, was authorized by referendum for taxes payable in 2001,
53.11shall receive a distribution of 21.3 cents per ton. Each district shall receive $175 times the
53.12pupil units identified in section
126C.05, subdivision 1, enrolled in the second previous
53.13year or the 1983-1984 school year, whichever is greater, less the product of 1.8 percent
53.14times the district's taxable net tax capacity in the second previous year.
53.15 If the total amount provided by paragraph (d) is insufficient to make the payments
53.16herein required then the entitlement of $175 per pupil unit shall be reduced uniformly
53.17so as not to exceed the funds available. Any amounts received by a qualifying school
53.18district in any fiscal year pursuant to paragraph (d) shall not be applied to reduce general
53.19education aid which the district receives pursuant to section
126C.13 or the permissible
53.20levies of the district. Any amount remaining after the payments provided in this paragraph
53.21shall be paid to the commissioner of Iron Range resources and rehabilitation who shall
53.22deposit the same in the taconite environmental protection fund and the Douglas J. Johnson
53.23economic protection trust fund as provided in subdivision 11.
53.24 Each district receiving money according to this paragraph shall reserve the lesser of
53.25the amount received under this paragraph or $25 times the number of pupil units served
53.26in the district. It may use the money for early childhood programs or for outcome-based
53.27learning programs that enhance the academic quality of the district's curriculum. The
53.28outcome-based learning programs must be approved by the commissioner of education.
53.29 (e) There shall be distributed to any school district the amount which the school
53.30district was entitled to receive under section
298.32 in 1975.
53.31 (f) Four cents per taxable ton must be distributed to qualifying school districts
53.32according to the distribution specified in paragraph (b), clause (ii), and two cents per taxable
53.33ton must be distributed according to the distribution specified in paragraph (c). These
53.34amounts are not subject to sections
126C.21, subdivision 4, and
126C.48, subdivision 8.
53.35
new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning for the 2014 distribution.new text end
54.1 Sec. 9. Minnesota Statutes 2012, section 298.28, subdivision 6, is amended to read:
54.2 Subd. 6.
Property tax relief. (a) In 2002
new text begin 2014new text end and thereafter, 33.9
new text begin 35.3new text end cents per
54.3taxable ton, less any amount required to be distributed under paragraphs (b) and (c), or
54.4section
298.2961, subdivision 5, must be allocated to St. Louis County acting as the
54.5counties' fiscal agent, to be distributed as provided in sections
273.134 to
273.136.
54.6 (b) If an electric power plant owned by and providing the primary source of power
54.7for a taxpayer mining and concentrating taconite is located in a county other than the
54.8county in which the mining and the concentrating processes are conducted, .1875 cent per
54.9taxable ton of the tax imposed and collected from such taxpayer shall be paid to the county.
54.10 (c) If an electric power plant owned by and providing the primary source of power
54.11for a taxpayer mining and concentrating taconite is located in a school district other than
54.12a school district in which the mining and concentrating processes are conducted, .4541
54.13cent per taxable ton of the tax imposed and collected from the taxpayer shall be paid to
54.14the school district.
54.15
new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning for the 2014 distribution.new text end
54.16 Sec. 10. Minnesota Statutes 2012, section 298.28, subdivision 9a, is amended to read:
54.17 Subd. 9a.
Taconite economic development fund. (a) 30.1
new text begin 20.4new text end cents per ton
54.18for distributions in 2002
new text begin 2014new text end and thereafter must be paid to the taconite economic
54.19development fund. No distribution shall be made under this paragraph in 2004 or any
54.20subsequent year in which total industry production falls below 30 million tons. Distribution
54.21shall only be made to a taconite producer's fund under section
298.227 if the producer
54.22timely pays its tax under section
298.24 by the dates provided under section
298.27, or
54.23pursuant to the due dates provided by an administrative agreement with the commissioner.
54.24 (b) An amount equal to 50 percent of the tax under section
298.24 for concentrate
54.25sold in the form of pellet chips and fines not exceeding 5/16 inch in size and not including
54.26crushed pellets shall be paid to the taconite economic development fund. The amount
54.27paid shall not exceed $700,000 annually for all companies. If the initial amount to be
54.28paid to the fund exceeds this amount, each company's payment shall be prorated so the
54.29total does not exceed $700,000.
54.30
new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning for the 2014 distribution.new text end
54.31 Sec. 11. Minnesota Statutes 2012, section 298.75, subdivision 2, is amended to read:
54.32 Subd. 2.
Tax imposed. (a) Except as provided in paragraph (e), A county that
54.33imposes the aggregate production tax
new text begin , as defined in this section,new text end shall impose upon every
55.1operator a production tax of 21.5 cents per cubic yard or 15 cents per ton of aggregate
55.2material excavated in the county except that the county board may decide not to impose
55.3this tax if it determines that in the previous year operators removed less than 20,000 tons
55.4or 14,000 cubic yards of aggregate material from that county.
new text begin A county may impose upon new text end
55.5
new text begin every operator an additional production tax of up to 21.5 cents per cubic yard or 15 cents new text end
55.6
new text begin per ton of aggregate material excavated in the county.new text end The tax shall not be imposed on
55.7aggregate material excavated in the county until the aggregate material is transported from
55.8the extraction site or sold, whichever occurs first. When aggregate material is stored in a
55.9stockpile within the state of Minnesota and a public highway, road or street is not used
55.10for transporting the aggregate material, the tax shall not be imposed until either when the
55.11aggregate material is sold, or when it is transported from the stockpile site, or when it is
55.12used from the stockpile, whichever occurs first.
55.13 (b) Except as provided in paragraph (e), A county that imposes the aggregate
55.14production tax under paragraph (a)
new text begin , as defined in this section,new text end shall impose upon every
55.15importer a production tax of 21.5 cents per cubic yard or 15 cents per ton of aggregate
55.16material imported into the county.
new text begin A county may impose upon every importer an new text end
55.17
new text begin additional production tax of up to 21.5 cents per cubic yard or 15 cents per ton of new text end
55.18
new text begin aggregate material imported into the county.new text end The tax shall be imposed when the aggregate
55.19material is imported from the extraction site or sold. When imported aggregate material is
55.20stored in a stockpile within the state of Minnesota and a public highway, road, or street is
55.21not used for transporting the aggregate material, the tax shall be imposed either when the
55.22aggregate material is sold, when it is transported from the stockpile site, or when it is used
55.23from the stockpile, whichever occurs first. The tax shall be imposed on an importer when
55.24the aggregate material is imported into the county that imposes the tax.
55.25 (c) If the aggregate material is transported directly from the extraction site to a
55.26waterway, railway, or another mode of transportation other than a highway, road or street,
55.27the tax imposed by this section shall be apportioned equally between the county where the
55.28aggregate material is extracted and the county to which the aggregate material is originally
55.29transported. If that destination is not located in Minnesota, then the county where the
55.30aggregate material was extracted shall receive all of the proceeds of the tax.
55.31 (d) A county, city, or town that receives revenue under this section is prohibited
55.32from imposing any additional host community fees on aggregate production within that
55.33county, city, or town.
55.34 (e) A county that borders two other states and that is not contiguous to a county
55.35that imposes a tax under this section may impose the taxes under paragraphs (a) and (b)
56.1at the rate of ten cents per cubic yard or seven cents per ton. This paragraph expires
56.2December 31, 2014.
56.3
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
56.4 Sec. 12.
new text begin 2013 DISTRIBUTION ONLY.new text end
56.5
new text begin For the 2013 distribution, a special fund is established to receive $3,700,000 of the new text end
56.6
new text begin amount that otherwise would be distributed under Minnesota Statutes, section 298.28, new text end
56.7
new text begin subdivision 6, and this amount must be paid as follows:new text end
56.8
new text begin (1) $2,000,000 to the city of Hibbing for improvements to the city's water supply new text end
56.9
new text begin system; andnew text end
56.10
new text begin (2) $1,700,000 to the city of Mountain Iron for the cost of moving utilities required new text end
56.11
new text begin as a result of actions undertaken by United States Steel Corporation.new text end
56.12
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for the 2013 distribution, all of which new text end
56.13
new text begin must be made in the August 2013 payment.new text end
56.14 Sec. 13.
new text begin IRON RANGE RESOURCES AND REHABILITATION new text end
56.15
new text begin COMMISSIONER; BONDS AUTHORIZED.new text end
56.16
new text begin Subdivision 1.new text end new text begin Issuance; purpose.new text end new text begin Notwithstanding any provision of Minnesota new text end
56.17
new text begin Statutes, chapter 298, to the contrary, the commissioner of Iron Range resources and new text end
56.18
new text begin rehabilitation may issue revenue bonds in a principal amount of $38,000,000 in one or more new text end
56.19
new text begin series, and bonds to refund those bonds. The proceeds of the bonds must be used to make new text end
56.20
new text begin grants to school districts located in the taconite tax relief area defined in Minnesota Statutes, new text end
56.21
new text begin section 273.134, or the taconite assistance area defined in Minnesota Statutes, section new text end
56.22
new text begin 273.1341, to be used by the school districts to pay for building projects, such as energy new text end
56.23
new text begin efficiency, technology, infrastructure, health, safety, and maintenance improvements.new text end
56.24
new text begin Subd. 2.new text end new text begin Appropriation.new text end new text begin (a) There is annually appropriated from the distribution of new text end
56.25
new text begin taconite production tax revenues under Minnesota Statues, section 298.28, prior to the new text end
56.26
new text begin calculation of the amount of the remainder under Minnesota Statutes, section 298.28, new text end
56.27
new text begin subdivision 11, an amount sufficient to pay when due the principal and interest on the new text end
56.28
new text begin bonds issued pursuant to subdivision 1. The appropriation under this section must not new text end
56.29
new text begin exceed an amount equal to ten cents per taxable ton.new text end
56.30
new text begin (b) If in any year the amount available under paragraph (a) is insufficient to pay new text end
56.31
new text begin principal and interest due on the bonds in that year, an additional amount is appropriated new text end
56.32
new text begin from the Douglas J. Johnson fund to make up the deficiency. new text end
57.1
new text begin (c) The appropriation under this subdivision terminates upon payment or maturity of new text end
57.2
new text begin the last of the bonds issued under this section.new text end
57.3
new text begin Subd. 3.new text end new text begin Credit enhancement.new text end new text begin The bonds issued under this section are "debt new text end
57.4
new text begin obligations" and the commissioner of Iron Range resources and rehabilitation is a "district" new text end
57.5
new text begin for purposes of Minnesota Statutes, section 126C.55, provided that advances made under new text end
57.6
new text begin Minnesota Statutes, section 126C.55, subdivision 2, are not subject to Minnesota Statutes, new text end
57.7
new text begin section 126C.55, subdivisions 4 to 7.new text end
57.8
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment and new text end
57.9
new text begin applies beginning with the 2014 distribution under Minnesota Statutes, section 298.28.new text end
57.10 Sec. 14.
new text begin IRON RANGE FISCAL DISPARITIES STUDY.new text end
57.11
new text begin Subdivision 1.new text end new text begin Study required.new text end new text begin The commissioner of revenue shall conduct a study new text end
57.12
new text begin of the tax relief area revenue distribution program contained in Minnesota Statutes, chapter new text end
57.13
new text begin 276A, commonly known as the Iron Range fiscal disparities program. By February 1, new text end
57.14
new text begin 2015, the commissioner shall submit a report to the chairs and ranking minority members new text end
57.15
new text begin of the house of representatives and senate tax committees consisting of the findings of the new text end
57.16
new text begin study and identification of issues for policy makers to consider. The study must analyze:new text end
57.17
new text begin (1) the extent to which the benefits of the economic growth in the region are shared new text end
57.18
new text begin throughout the region, especially for growth that results from state or regional decisions;new text end
57.19
new text begin (2) the program's impact on the variability of tax rates across jurisdictions of the new text end
57.20
new text begin region;new text end
57.21
new text begin (3) the program's impact on the distribution of homestead property tax burdens new text end
57.22
new text begin across jurisdictions of the region; andnew text end
57.23
new text begin (4) the relationship between the impacts of the program and overburden on new text end
57.24
new text begin jurisdictions containing properties that provide regional benefits, specifically the costs new text end
57.25
new text begin those properties impose on their host jurisdictions in excess of their tax payments. The new text end
57.26
new text begin report must include a description of other property tax, aid, and local development new text end
57.27
new text begin programs that interact with the fiscal disparities program.new text end
57.28
new text begin Subd. 2.new text end new text begin Funds transfer from fiscal disparities levy.new text end new text begin For taxes payable in 2014 new text end
57.29
new text begin only, $75,000 must be added to St. Louis County's areawide levy as otherwise determined new text end
57.30
new text begin under Minnesota Statutes, section 276A.06, subdivision 5. Upon receipt of the proceeds of new text end
57.31
new text begin this levy, St. Louis County must transfer this money to the commissioner of management new text end
57.32
new text begin and budget for deposit into an account in the special revenue fund. One-half of the new text end
57.33
new text begin proceeds of the levy must be transferred prior to June 30, 2014.new text end
57.34
new text begin Subd. 3.new text end new text begin Appropriation.new text end new text begin $37,500 in fiscal year 2014 and $37,500 in fiscal year new text end
57.35
new text begin 2015 are appropriated from the account in the special revenue fund established under new text end
58.1
new text begin subdivision 2 to the commissioner of revenue to pay for the study required by this section. new text end
58.2
new text begin Any amounts remaining in the account in the special revenue fund on June 30, 2015, must new text end
58.3
new text begin be distributed to St. Louis County for the purposes of reducing the areawide tax rate new text end
58.4
new text begin for taxes payable in 2016.new text end
58.5
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2013.new text end
58.6
ARTICLE 6
58.7
LOCAL SALES TAXES
58.8 Section 1. Minnesota Statutes 2012, section 469.190, is amended by adding a
58.9subdivision to read:
58.10
new text begin Subd. 1a.new text end new text begin Tax base; locally collected taxes.new text end new text begin A tax imposed on the gross receipts new text end
58.11
new text begin from lodging under this section or under a special law applies to the same base as taxes new text end
58.12
new text begin collected by the commissioner of revenue under subdivision 7 and section 270C.171.new text end
58.13
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment. new text end
58.14
new text begin In enacting this section, the legislature confirms its original intent in enacting Minnesota new text end
58.15
new text begin Statutes, section 469.190, its predecessor provisions, and any special laws authorizing new text end
58.16
new text begin political subdivisions to impose lodging taxes, and that those taxes were and are intended new text end
58.17
new text begin to apply to the entire consideration paid to obtain access to transient lodging, including new text end
58.18
new text begin ancillary or related services, such as services provided by accommodation intermediaries new text end
58.19
new text begin as defined in Minnesota Statutes, section 297A.61, and similar services. The provisions of new text end
58.20
new text begin this section must not be interpreted to imply a narrower construction of the tax base under new text end
58.21
new text begin lodging tax provisions of Minnesota law prior to the enactment of this section.new text end
58.22 Sec. 2. Minnesota Statutes 2012, section 469.190, subdivision 7, is amended to read:
58.23 Subd. 7.
Collection. new text begin (a) new text end The statutory or home rule charter city may agree with the
58.24commissioner of revenue that a tax imposed pursuant to this section shall be collected
58.25by the commissioner together with the tax imposed by chapter 297A, and subject to the
58.26same interest, penalties, and other rules and that its proceeds, less the cost of collection,
58.27shall be remitted to the city.
58.28
new text begin (b) If a tax imposed under this section or under a special law is not collected by new text end
58.29
new text begin the commissioner of revenue, the local government imposing the tax may only require new text end
58.30
new text begin an accommodations intermediary, as defined in section 297A.61, subdivision 47, to file new text end
58.31
new text begin and remit the tax related to accommodations intermediary services once in every calendar new text end
58.32
new text begin year. The local government must inform the tax intermediary of the date when the return new text end
58.33
new text begin and remittance is due.new text end
59.1
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for sales and purchases made after new text end
59.2
new text begin June 30, 2013.new text end
59.3 Sec. 3. Laws 1993, chapter 375, article 9, section 46, subdivision 2, as amended by
59.4Laws 1997, chapter 231, article 7, section 40, Laws 1998, chapter 389, article 8, section
59.530, Laws 2003, First Special Session chapter 21, article 8, section 13, Laws 2005, First
59.6Special Session chapter 3, article 5, section 26, and Laws 2009, chapter 88, article 4,
59.7section 15, is amended to read:
59.8 Subd. 2.
Use of revenues. Revenues received from the tax authorized by subdivision
59.91 may only be used by the city to pay the cost of collecting the tax, and
new text begin , except as provided in new text end
59.10
new text begin paragraph (e),new text end to pay for the following projects or to secure or pay any principal, premium,
59.11or interest on bonds issued in accordance with subdivision 3 for the following projects.
59.12 (a) To pay all or a portion of the capital expenses of construction, equipment and
59.13acquisition costs for the expansion and remodeling of the St. Paul Civic Center complex,
59.14including the demolition of the existing arena and the construction and equipping of a
59.15new arena.
59.16 (b) Except as provided in paragraphs (e) and (f), the remainder of the funds must be
59.17spent for:
59.18 (1) capital projects to further residential, cultural, commercial, and economic
59.19development in both downtown St. Paul and St. Paul neighborhoods; and
59.20 (2) capital and operating expenses of cultural organizations in the city, provided
59.21that the amount spent under this clause must equal ten percent of the total amount spent
59.22under this paragraph in any year.
59.23 (c) The amount apportioned under paragraph (b) shall be no less than 60 percent
59.24of the revenues derived from the tax each year, except to the extent that a portion of that
59.25amount is required to pay debt service on (1) bonds issued for the purposes of paragraph (a)
59.26prior to March 1, 1998; or (2) bonds issued for the purposes of paragraph (a) after March 1,
59.271998, but only if the city council determines that 40 percent of the revenues derived from
59.28the tax together with other revenues pledged to the payment of the bonds, including the
59.29proceeds of definitive bonds, is expected to exceed the annual debt service on the bonds.
59.30 (d) If in any year more than 40 percent of the revenue derived from the tax authorized
59.31by subdivision 1 is used to pay debt service on the bonds issued for the purposes of
59.32paragraph (a) and to fund a reserve for the bonds, the amount of the debt service payment
59.33that exceeds 40 percent of the revenue must be determined for that year. In any year when
59.3440 percent of the revenue produced by the sales tax exceeds the amount required to pay
59.35debt service on the bonds and to fund a reserve for the bonds under paragraph (a), the
60.1amount of the excess must be made available for capital projects to further residential,
60.2cultural, commercial, and economic development in the neighborhoods and downtown
60.3until the cumulative amounts determined for all years under the preceding sentence have
60.4been made available under this sentence. The amount made available as reimbursement in
60.5the preceding sentence is not included in the 60 percent determined under paragraph (c).
60.6 (e) In each of calendar years 2006 to 2014, revenue not to exceed $3,500,000 may be
60.7used to pay the principal of bonds issued for capital projects of the city. After December
60.831, 2014, revenue from the tax imposed under subdivision 1 may not be used for this
60.9purpose.
new text begin If the amount necessary to meet obligations under paragraphs (a) and (d) are less new text end
60.10
new text begin than 40 percent of the revenue from the tax in any year, the city may place the difference new text end
60.11
new text begin between 40 percent of the revenue and the amounts allocated under paragraphs (a) and (d) new text end
60.12
new text begin in an economic development fund to be used for any economic development purposes.new text end
60.13 (f) By January 15 of each year, the mayor and the city council must report to the
60.14legislature on the use of sales tax revenues during the preceding one-year period.
60.15
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after compliance by the new text end
60.16
new text begin governing body of the city of St. Paul with Minnesota Statutes, section 645.021, new text end
60.17
new text begin subdivisions 2 and 3.new text end
60.18 Sec. 4. Laws 2005, First Special Session chapter 3, article 5, section 37, subdivision 2,
60.19is amended to read:
60.20 Subd. 2.
Use of revenues. (a) Revenues received from the tax authorized by
60.21subdivision 1 by the city of St. Cloud must be used for the cost of collecting and
60.22administering the tax and to pay all or part of the capital or administrative costs of the
60.23development, acquisition, construction, improvement, and securing and paying debt
60.24service on bonds or other obligations issued to finance the following regional projects as
60.25approved by the voters and specifically detailed in the referendum authorizing the tax
new text begin or new text end
60.26
new text begin extending the taxnew text end :
60.27 (1) St. Cloud Regional Airport;
60.28 (2) regional transportation improvements;
60.29 (3)
new text begin regional new text end community and aquatics
new text begin and recreation new text end centers
new text begin and facilitiesnew text end ;
60.30 (4) regional public libraries; and
60.31 (5) acquisition and improvement of regional park land and open space.
60.32 (b) Revenues received from the tax authorized by subdivision 1 by the cities of St.
60.33Joseph, Waite Park, Sartell, Sauk Rapids, and St. Augusta must be used for the cost of
60.34collecting and administering the tax and to pay all or part of the capital or administrative
60.35costs of the development, acquisition, construction, improvement, and securing and paying
61.1debt service on bonds or other obligations issued to fund the projects specifically approved
61.2by the voters at the referendum authorizing the tax
new text begin or extending the taxnew text end . The portion of
61.3revenues from the city going to fund the regional airport or regional library located in the
61.4city of St. Cloud will be as required under the applicable joint powers agreement.
61.5 (c) The use of revenues received from the taxes authorized in subdivision 1 for
61.6projects allowed under paragraphs (a) and (b) are limited to the amount authorized for
61.7each project under the enabling referendum.
61.8
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for a city that approves it the day new text end
61.9
new text begin after compliance by the governing body of that city with Minnesota Statutes, section new text end
61.10
new text begin 645.021, subdivision 3.new text end
61.11 Sec. 5. Laws 2005, First Special Session chapter 3, article 5, section 37, subdivision 4,
61.12is amended to read:
61.13 Subd. 4.
Termination of tax. The tax imposed in the cities of St. Joseph, St. Cloud,
61.14St. Augusta, Sartell, Sauk Rapids, and Waite Park under subdivision 1 expires when the
61.15city council determines that sufficient funds have been collected from the tax to retire or
61.16redeem the bonds and obligations authorized under subdivision 2, paragraph (a), but no
61.17later than December 31, 2018.
new text begin Notwithstanding Minnesota Statutes, section 297A.99, new text end
61.18
new text begin subdivision 3, paragraphs (a), (c), and (d), a city may extend the tax imposed under new text end
61.19
new text begin subdivision 1 through December 31, 2038, if approved under the referendum authorizing new text end
61.20
new text begin the tax under subdivision 1 or if approved by voters of the city at a general election held new text end
61.21
new text begin no later than November 6, 2018.new text end
61.22
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for a city that approves it the day new text end
61.23
new text begin after compliance by the governing body of that city with Minnesota Statutes, section new text end
61.24
new text begin 645.021, subdivision 3.new text end
61.25 Sec. 6. Laws 2008, chapter 366, article 7, section 19, subdivision 3, as amended by
61.26Laws 2011, First Special Session chapter 7, article 4, section 8, is amended to read:
61.27 Subd. 3.
Use of revenues. Notwithstanding Minnesota Statutes, section
297A.99,
61.28subdivision 3
, paragraph (b), the proceeds of the tax imposed under this section shall be
61.29used to pay for the costs of
new text begin improvements to the Sportsman Park/Ballfields, Riverside new text end
61.30
new text begin Park, Lions Park/Pavilion, Cedar South Park also known as Eldorado Park, and Spring new text end
61.31
new text begin Street Park; improvements to and extension of the River County Bike Trail; new text end acquisition,
61.32
new text begin andnew text end construction, improvement, and development of regional parks, bicycle trails, park
61.33land, open space, and
new text begin of a new text end pedestrian walkways, as described in the city improvement
62.1plan adopted by the city council by resolution on December 12, 2006, and
new text begin walkway new text end
62.2
new text begin over Interstate 94 and State Highway 24; and the acquisition ofnew text end land and
new text begin construction of new text end
62.3buildings for a community and recreation center. The total amount of revenues from the
62.4taxes in subdivisions 1 and 2 that may be used to fund these projects is $12,000,000
62.5plus any associated bond costs.
62.6
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after compliance by the new text end
62.7
new text begin governing body of the city of Clearwater with Minnesota Statutes, section 645.021, new text end
62.8
new text begin subdivisions 2 and 3.new text end
62.9 Sec. 7. Laws 2010, chapter 389, article 5, section 6, subdivision 4, is amended to read:
62.10 Subd. 4.
Use of lodging tax revenues. The revenues derived from the tax imposed
62.11under subdivision 3 must be used by the city of Marshall to pay the costs of collecting
62.12and administering the lodging tax, to pay all or part of the operating costs of the new and
62.13existing facilities of the Minnesota Emergency Response and Industry Training Center,
62.14including the payment of debt service on bonds issued under subdivision 2, and to pay
62.15all or part of the operating costs of the facilities of the Southwest Minnesota Regional
62.16Amateur Sports Center, including the payment of debt service on bonds issued under
62.17subdivision 2.
new text begin Authorized expenses include, but are not limited to, acquiring property; new text end
62.18
new text begin predesign; design; and paying construction, furnishing, and equipment costs related to new text end
62.19
new text begin these facilities and paying debt service on bonds or other obligations issued by the city.new text end
62.20
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
62.21 Sec. 8. Laws 2010, chapter 389, article 5, section 6, subdivision 6, is amended to read:
62.22 Subd. 6.
Use of food and beverages tax. The revenues derived from the tax
62.23imposed under subdivision 5 must be used by the city of Marshall to pay the costs of
62.24collecting and administering the food and beverages tax, to pay all or part of the operating
62.25costs of the new and existing facilities of the Minnesota Emergency Response and
62.26Industry Training Center, including the payment of debt service on bonds issued under
62.27subdivision 2, and to pay all or part of the operating costs of the facilities of the Southwest
62.28Minnesota Regional Amateur Sports Center, including the payment of debt service on
62.29bonds issued under subdivision 2.
new text begin Authorized expenses for each organization include, new text end
62.30
new text begin but are not limited to, acquiring property; predesign; design; and paying construction, new text end
62.31
new text begin furnishing, and equipment costs related to these facilities and paying debt service on new text end
62.32
new text begin bonds or other obligations issued by the city.new text end
62.33
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
63.1 Sec. 9.
new text begin VALIDATION OF PRIOR ACT; AUTHORIZATION AND IMPOSITION.new text end
63.2
new text begin (a) Notwithstanding the time limits in Minnesota Statutes, section 645.021, the city new text end
63.3
new text begin of Marshall may approve Laws 2010, chapter 389, article 5, section 6, as amended by new text end
63.4
new text begin Laws 201l, First Special Session chapter 7, article 4, section 9, and file its approval with new text end
63.5
new text begin the secretary of state by June 15, 2013. If approved as authorized under this paragraph, new text end
63.6
new text begin actions undertaken by the city pursuant to the approval of the voters on November 6, 2012, new text end
63.7
new text begin and otherwise in accordance with Laws 2010, chapter 389, article 5, section 6, as amended new text end
63.8
new text begin by Laws 201l, First Special Session chapter 7, article 4, section 9, are validated.new text end
63.9
new text begin (b) Notwithstanding the time limit on the imposition of tax under Laws 2010, new text end
63.10
new text begin chapter 389, article 5, section 6, subdivision 1, as amended by Laws 201l, First Special new text end
63.11
new text begin Session chapter 7, article 4, section 9, and subject to local approval under paragraph (a), new text end
63.12
new text begin the city of Marshall may impose the tax on or before July 1, 2013.new text end
63.13
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
63.14 Sec. 10.
new text begin CITY OF PROCTOR; VALIDATION OF PRIOR ACT.new text end
63.15
new text begin Notwithstanding the time limits in Minnesota Statutes, section 645.021, the city of new text end
63.16
new text begin Proctor may approve, by resolution, Laws 2008, chapter 366, article 7, section 13, and new text end
63.17
new text begin Laws 2010, chapter 389, article 5, sections 1 and 2, and file its approval with the secretary new text end
63.18
new text begin of state by January 1, 2014. If approved under this paragraph, actions undertaken by new text end
63.19
new text begin the city pursuant to the approval of the voters on November 2, 2010, and otherwise in new text end
63.20
new text begin accordance with those laws are validated.new text end
63.21
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
63.22 Sec. 11.
new text begin CITY OF BEMIDJI; LOCAL TAXES AUTHORIZED.new text end
63.23
new text begin Subdivision 1.new text end new text begin Food and beverage tax authorized.new text end new text begin Notwithstanding Minnesota new text end
63.24
new text begin Statutes, section 477A.016, or any ordinance, city charter, or other provision of law, the new text end
63.25
new text begin city of Bemidji may, by ordinance, impose a sales tax of up to one percent on the gross new text end
63.26
new text begin receipts of all food and beverages sold by a restaurant or place of refreshment located new text end
63.27
new text begin within the city. For purposes of this section, "food and beverages" include retail on-sale of new text end
63.28
new text begin intoxicating liquor and fermented malt beverages.new text end
63.29
new text begin Subd. 2.new text end new text begin Lodging tax.new text end new text begin Notwithstanding Minnesota Statutes, section 469.190 or new text end
63.30
new text begin 477A.016, or any other provision of law, ordinance, or city charter, the city of Bemidji new text end
63.31
new text begin may impose, by ordinance, a tax of up to one percent on the gross receipts for the new text end
63.32
new text begin furnishing for consideration of lodging at a hotel, motel, rooming house, tourist court, or new text end
63.33
new text begin resort, other than for the renting or leasing of it for a continuous period of 30 days or more.new text end
64.1
new text begin Subd. 3.new text end new text begin Use of proceeds from authorized taxes.new text end new text begin The proceeds of the taxes new text end
64.2
new text begin imposed under subdivisions 1 and 2 must only be used by the city to fund the costs of new text end
64.3
new text begin operation, maintenance, and capital replacement costs for the Sanford Center.new text end
64.4
new text begin Subd. 4.new text end new text begin Collection, administration, and enforcement.new text end new text begin The city may enter into new text end
64.5
new text begin an agreement with the commissioner of revenue to administer, collect, and enforce the new text end
64.6
new text begin taxes under subdivisions 1 and 2. If the commissioner agrees to collect the tax, the new text end
64.7
new text begin provisions of Minnesota Statutes, section 297A.99, related to collection, administration, new text end
64.8
new text begin and enforcement, and Minnesota Statutes, section 270C.171, apply.new text end
64.9
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
64.10
new text begin the city of Bemidji and its chief clerical officer comply with Minnesota Statutes, section new text end
64.11
new text begin 645.021, subdivisions 2 and 3.new text end
64.12
ARTICLE 7
64.13
MARKET VALUE DEFINITIONS
64.14 Section 1. Minnesota Statutes 2012, section 38.18, is amended to read:
64.15
38.18 COUNTY FAIRGROUNDS; IMPROVEMENT AIDED.
64.16 Any
new text begin Eachnew text end town, statutory city, or school district in this state, now or hereafter
new text begin at any new text end
64.17
new text begin timenew text end having a
new text begin an estimatednew text end market value of all its taxable property, exclusive of money and
64.18credits, of more than $105,000,000, and having a county fair located within its corporate
64.19limits, is hereby authorized to aid in defraying
new text begin may paynew text end part of the expense of improving
64.20any such
new text begin thenew text end fairground, by appropriating and paying over to the treasurer of the county
64.21owning the fairground such sum of money, not exceeding $10,000, for each of the political
64.22subdivisions, as the
new text begin itsnew text end governing body of the town, statutory city, or school district may,
64.23by resolution, determine
new text begin determinesnew text end to be for the best interest of the political subdivision,
new text begin .new text end
64.24 The sums so appropriated to
new text begin amounts paid to the county mustnew text end be used solely for the purpose
64.25of aiding in the improvement of
new text begin to improvenew text end the fairground in such
new text begin thenew text end manner as the county
64.26board of the county shall determine
new text begin determinesnew text end to be for the best interest of the county.
64.27 Sec. 2. Minnesota Statutes 2012, section 40A.15, subdivision 2, is amended to read:
64.28 Subd. 2.
Eligible recipients. All counties within the state, municipalities that prepare
64.29plans and official controls instead of a county, and districts are eligible for assistance
64.30under the program. Counties and districts may apply for assistance on behalf of other
64.31municipalities. In order to be eligible for financial assistance a county or municipality must
64.32agree to levy at least 0.01209 percent of taxable
new text begin estimatednew text end market value for agricultural
65.1land preservation and conservation activities or otherwise spend the equivalent amount of
65.2local money on those activities, or spend $15,000 of local money, whichever is less.
65.3 Sec. 3. Minnesota Statutes 2012, section 69.011, subdivision 1, is amended to read:
65.4 Subdivision 1.
Definitions. Unless the language or context clearly indicates that
65.5a different meaning is intended, the following words and terms, for the purposes of this
65.6chapter and chapters 423, 423A, 424 and 424A, have the meanings ascribed to them:
65.7 (a) "Commissioner" means the commissioner of revenue.
65.8 (b) "Municipality" means:
65.9 (1) a home rule charter or statutory city;
65.10 (2) an organized town;
65.11 (3) a park district subject to chapter 398;
65.12 (4) the University of Minnesota;
65.13 (5) for purposes of the fire state aid program only, an American Indian tribal
65.14government entity located within a federally recognized American Indian reservation;
65.15 (6) for purposes of the police state aid program only, an American Indian tribal
65.16government with a tribal police department which exercises state arrest powers under
65.17section
626.90,
626.91,
626.92, or
626.93;
65.18 (7) for purposes of the police state aid program only, the Metropolitan Airports
65.19Commission; and
65.20 (8) for purposes of the police state aid program only, the Department of Natural
65.21Resources and the Department of Public Safety with respect to peace officers covered
65.22under chapter 352B.
65.23 (c) "Minnesota Firetown Premium Report" means a form prescribed by the
65.24commissioner containing space for reporting by insurers of fire, lightning, sprinkler
65.25leakage and extended coverage premiums received upon risks located or to be performed
65.26in this state less return premiums and dividends.
65.27 (d) "Firetown" means the area serviced by any municipality having a qualified fire
65.28department or a qualified incorporated fire department having a subsidiary volunteer
65.29firefighters' relief association.
65.30 (e) "
new text begin Estimated new text end market value" means latest available
new text begin estimated new text end market value of all
65.31property in a taxing jurisdiction, whether the property is subject to taxation, or exempt
65.32from ad valorem taxation obtained from information which appears on abstracts filed with
65.33the commissioner of revenue or equalized by the State Board of Equalization.
65.34 (f) "Minnesota Aid to Police Premium Report" means a form prescribed by the
65.35commissioner for reporting by each fire and casualty insurer of all premiums received
66.1upon direct business received by it in this state, or by its agents for it, in cash or otherwise,
66.2during the preceding calendar year, with reference to insurance written for insuring against
66.3the perils contained in auto insurance coverages as reported in the Minnesota business
66.4schedule of the annual financial statement which each insurer is required to file with
66.5the commissioner in accordance with the governing laws or rules less return premiums
66.6and dividends.
66.7 (g) "Peace officer" means any person:
66.8 (1) whose primary source of income derived from wages is from direct employment
66.9by a municipality or county as a law enforcement officer on a full-time basis of not less
66.10than 30 hours per week;
66.11 (2) who has been employed for a minimum of six months prior to December 31
66.12preceding the date of the current year's certification under subdivision 2, clause (b);
66.13 (3) who is sworn to enforce the general criminal laws of the state and local ordinances;
66.14 (4) who is licensed by the Peace Officers Standards and Training Board and is
66.15authorized to arrest with a warrant; and
66.16 (5) who is a member of the State Patrol retirement plan or the public employees
66.17police and fire fund.
66.18 (h) "Full-time equivalent number of peace officers providing contract service" means
66.19the integral or fractional number of peace officers which would be necessary to provide
66.20the contract service if all peace officers providing service were employed on a full-time
66.21basis as defined by the employing unit and the municipality receiving the contract service.
66.22 (i) "Retirement benefits other than a service pension" means any disbursement
66.23authorized under section
424A.05, subdivision 3, clauses (3) and (4).
66.24 (j) "Municipal clerk, municipal clerk-treasurer, or county auditor" means:
66.25 (1) for the police state aid program and police relief association financial reports:
66.26 (i) the person who was elected or appointed to the specified position or, in the
66.27absence of the person, another person who is designated by the applicable governing body;
66.28 (ii) in a park district, the secretary of the board of park district commissioners;
66.29 (iii) in the case of the University of Minnesota, the official designated by the Board
66.30of Regents;
66.31 (iv) for the Metropolitan Airports Commission, the person designated by the
66.32commission;
66.33 (v) for the Department of Natural Resources or the Department of Public Safety, the
66.34respective commissioner;
67.1 (vi) for a tribal police department which exercises state arrest powers under section
67.2626.90
,
626.91,
626.92, or
626.93, the person designated by the applicable American
67.3Indian tribal government; and
67.4 (2) for the fire state aid program and fire relief association financial reports, the
67.5person who was elected or appointed to the specified position, or, for governmental
67.6entities other than counties, if the governing body of the governmental entity designates
67.7the position to perform the function, the chief financial official of the governmental entity
67.8or the chief administrative official of the governmental entity.
67.9 (k) "Voluntary statewide lump-sum volunteer firefighter retirement plan" means the
67.10retirement plan established by chapter 353G.
67.11 Sec. 4. Minnesota Statutes 2012, section 69.021, subdivision 7, is amended to read:
67.12 Subd. 7.
Apportionment of fire state aid to municipalities and relief associations.
67.13 (a) The commissioner shall apportion the fire state aid relative to the premiums reported
67.14on the Minnesota Firetown Premium Reports filed under this chapter to each municipality
67.15and/or firefighters relief association.
67.16 (b) The commissioner shall calculate an initial fire state aid allocation amount for
67.17each municipality or fire department under paragraph (c) and a minimum fire state aid
67.18allocation amount for each municipality or fire department under paragraph (d). The
67.19municipality or fire department must receive the larger fire state aid amount.
67.20 (c) The initial fire state aid allocation amount is the amount available for
67.21apportionment as fire state aid under subdivision 5, without inclusion of any additional
67.22funding amount to support a minimum fire state aid amount under section
423A.02,
67.23subdivision 3
, allocated one-half in proportion to the population as shown in the last official
67.24statewide federal census for each fire town and one-half in proportion to the
new text begin estimated new text end
67.25market value of each fire town, including (1) the
new text begin estimated new text end market value of tax-exempt
67.26property and (2) the
new text begin estimated new text end market value of natural resources lands receiving in lieu
67.27payments under sections
477A.11 to
477A.14, but excluding the
new text begin estimated new text end market value
67.28of minerals. In the case of incorporated or municipal fire departments furnishing fire
67.29protection to other cities, towns, or townships as evidenced by valid fire service contracts
67.30filed with the commissioner, the distribution must be adjusted proportionately to take
67.31into consideration the crossover fire protection service. Necessary adjustments must be
67.32made to subsequent apportionments. In the case of municipalities or independent fire
67.33departments qualifying for the aid, the commissioner shall calculate the state aid for the
67.34municipality or relief association on the basis of the population and the
new text begin estimated new text end market
67.35value of the area furnished fire protection service by the fire department as evidenced by
68.1duly executed and valid fire service agreements filed with the commissioner. If one or
68.2more fire departments are furnishing contracted fire service to a city, town, or township,
68.3only the population and
new text begin estimated new text end market value of the area served by each fire department
68.4may be considered in calculating the state aid and the fire departments furnishing service
68.5shall enter into an agreement apportioning among themselves the percent of the population
68.6and the
new text begin estimated new text end market value of each service area. The agreement must be in writing
68.7and must be filed with the commissioner.
68.8 (d) The minimum fire state aid allocation amount is the amount in addition to the
68.9initial fire state allocation amount that is derived from any additional funding amount
68.10to support a minimum fire state aid amount under section
423A.02, subdivision 3, and
68.11allocated to municipalities with volunteer firefighters relief associations or covered by the
68.12voluntary statewide lump-sum volunteer firefighter retirement plan based on the number
68.13of active volunteer firefighters who are members of the relief association as reported
68.14in the annual financial reporting for the calendar year 1993 to the Office of the State
68.15Auditor, but not to exceed 30 active volunteer firefighters, so that all municipalities or
68.16fire departments with volunteer firefighters relief associations receive in total at least a
68.17minimum fire state aid amount per 1993 active volunteer firefighter to a maximum of
68.1830 firefighters. If a relief association is established after calendar year 1993 and before
68.19calendar year 2000, the number of active volunteer firefighters who are members of the
68.20relief association as reported in the annual financial reporting for calendar year 1998
68.21to the Office of the State Auditor, but not to exceed 30 active volunteer firefighters,
68.22shall be used in this determination. If a relief association is established after calendar
68.23year 1999, the number of active volunteer firefighters who are members of the relief
68.24association as reported in the first annual financial reporting submitted to the Office of
68.25the State Auditor, but not to exceed 20 active volunteer firefighters, must be used in this
68.26determination. If a relief association is terminated as a result of providing retirement
68.27coverage for volunteer firefighters by the voluntary statewide lump-sum volunteer
68.28firefighter retirement plan under chapter 353G, the number of active volunteer firefighters
68.29of the municipality covered by the statewide plan as certified by the executive director of
68.30the Public Employees Retirement Association to the commissioner and the state auditor,
68.31but not to exceed 30 active firefighters, must be used in this determination.
68.32 (e) Unless the firefighters of the applicable fire department are members of the
68.33voluntary statewide lump-sum volunteer firefighter retirement plan, the fire state aid must
68.34be paid to the treasurer of the municipality where the fire department is located and the
68.35treasurer of the municipality shall, within 30 days of receipt of the fire state aid, transmit
68.36the aid to the relief association if the relief association has filed a financial report with the
69.1treasurer of the municipality and has met all other statutory provisions pertaining to the
69.2aid apportionment. If the firefighters of the applicable fire department are members of
69.3the voluntary statewide lump-sum volunteer firefighter retirement plan, the fire state aid
69.4must be paid to the executive director of the Public Employees Retirement Association
69.5and deposited in the voluntary statewide lump-sum volunteer firefighter retirement fund.
69.6 (f) The commissioner may make rules to permit the administration of the provisions
69.7of this section.
69.8 (g) Any adjustments needed to correct prior misallocations must be made to
69.9subsequent apportionments.
69.10 Sec. 5. Minnesota Statutes 2012, section 69.021, subdivision 8, is amended to read:
69.11 Subd. 8.
Population and new text begin estimated new text end market value. (a) In computations relating to
69.12fire state aid requiring the use of population figures, only official statewide federal census
69.13figures are to be used. Increases or decreases in population disclosed by reason of any
69.14special census must not be taken into consideration.
69.15 (b) In calculations relating to fire state aid requiring the use of
new text begin estimated new text end market
69.16value property figures, only the latest available
new text begin estimated new text end market value property figures
69.17may be used.
69.18 Sec. 6. Minnesota Statutes 2012, section 88.51, subdivision 3, is amended to read:
69.19 Subd. 3.
Determination ofnew text begin estimatednew text end market value. In determining the net tax
69.20capacity of property within any taxing district the value of the surface of lands within any
69.21auxiliary forest therein, as determined by the county board under the provisions of section
69.2288.48, subdivision 3
, shall, for all purposes except the levying of taxes on lands within any
69.23such forest, be deemed the
new text begin estimated new text end market value thereof.
69.24 Sec. 7. Minnesota Statutes 2012, section 103B.245, subdivision 3, is amended to read:
69.25 Subd. 3.
Tax. After adoption of the ordinance under subdivision 2, a local
69.26government unit may annually levy a tax on all taxable property in the district for the
69.27purposes for which the tax district is established. The tax may not exceed 0.02418 percent
69.28of
new text begin estimated new text end market value on taxable property located in rural towns other than urban
69.29towns, unless allowed by resolution of the town electors. The proceeds of the tax shall
69.30be paid into a fund reserved for these purposes. Any proceeds remaining in the reserve
69.31fund at the time the tax is terminated or the district is dissolved shall be transferred and
69.32irrevocably pledged to the debt service fund of the local unit to be used solely to reduce
69.33tax levies for bonded indebtedness of taxable property in the district.
70.1 Sec. 8. Minnesota Statutes 2012, section 103B.251, subdivision 8, is amended to read:
70.2 Subd. 8.
Tax. (a) For the payment of principal and interest on the bonds issued
70.3under subdivision 7 and the payment required under subdivision 6, the county shall
70.4irrevocably pledge and appropriate the proceeds of a tax levied on all taxable property
70.5located within the territory of the watershed management organization or subwatershed
70.6unit for which the bonds are issued. Each year until the reserve for payment of the bonds
70.7is sufficient to retire the bonds, the county shall levy on all taxable property in the territory
70.8of the organization or unit, without respect to any statutory or other limitation on taxes, an
70.9amount of taxes sufficient to pay principal and interest on the bonds and to restore any
70.10deficiencies in reserves required to be maintained for payment of the bonds.
70.11 (b) The tax levied on rural towns other than urban towns may not exceed 0.02418
70.12percent of taxable
new text begin estimated new text end market value, unless approved by resolution of the town
70.13electors.
70.14 (c) If at any time the amounts available from the levy on property in the territory of
70.15the organization are insufficient to pay principal and interest on the bonds when due, the
70.16county shall make payment from any available funds in the county treasury.
70.17 (d) The amount of any taxes which are required to be levied outside of the territory
70.18of the watershed management organization or unit or taken from the general funds of the
70.19county to pay principal or interest on the bonds shall be reimbursed to the county from
70.20taxes levied within the territory of the watershed management organization or unit.
70.21 Sec. 9. Minnesota Statutes 2012, section 103B.635, subdivision 2, is amended to read:
70.22 Subd. 2.
Municipal funding of district. (a) The governing body or board of
70.23supervisors of each municipality in the district must provide the funds necessary to meet
70.24its proportion of the total cost determined by the board, provided the total funding from
70.25all municipalities in the district for the costs shall not exceed an amount equal to .00242
70.26percent of the total taxable
new text begin estimatednew text end market value within the district, unless three-fourths
70.27of the municipalities in the district pass a resolution concurring to the additional costs.
70.28 (b) The funds must be deposited in the treasury of the district in amounts and at
70.29times as the treasurer of the district requires.
70.30 Sec. 10. Minnesota Statutes 2012, section 103B.691, subdivision 2, is amended to read:
70.31 Subd. 2.
Municipal funding of district. (a) The governing body or board of
70.32supervisors of each municipality in the district shall provide the funds necessary to meet its
70.33proportion of the total cost to be borne by the municipalities as finally certified by the board.
71.1 (b) The municipality's funds may be raised by any means within the authority of
71.2the municipality. The municipalities may each levy a tax not to exceed .02418 percent of
71.3taxable
new text begin estimatednew text end market value on the taxable property located in the district to provide
71.4the funds. The levy shall be within all other limitations provided by law.
71.5 (c) The funds must be deposited into the treasury of the district in amounts and at
71.6times as the treasurer of the district requires.
71.7 Sec. 11. Minnesota Statutes 2012, section 103D.905, subdivision 2, is amended to read:
71.8 Subd. 2.
Organizational expense fund. (a) An organizational expense fund,
71.9consisting of an ad valorem tax levy, shall not exceed 0.01596 percent of taxable
new text begin estimatednew text end
71.10 market value, or $60,000, whichever is less. The money in the fund shall be used for
71.11organizational expenses and preparation of the watershed management plan for projects.
71.12 (b) The managers may borrow from the affected counties up to 75 percent of the
71.13anticipated funds to be collected from the organizational expense fund levy and the
71.14counties affected may make the advancements.
71.15 (c) The advancement of anticipated funds shall be apportioned among affected
71.16counties in the same ratio as the net tax capacity of the area of the counties within
71.17the watershed district bears to the net tax capacity of the entire watershed district. If a
71.18watershed district is enlarged, an organizational expense fund may be levied against the
71.19area added to the watershed district in the same manner as provided in this subdivision.
71.20 (d) Unexpended funds collected for the organizational expense may be transferred to
71.21the administrative fund and used for the purposes of the administrative fund.
71.22 Sec. 12. Minnesota Statutes 2012, section 103D.905, subdivision 3, is amended to read:
71.23 Subd. 3.
General fund. A general fund, consisting of an ad valorem tax levy, may
71.24not exceed 0.048 percent of taxable
new text begin estimatednew text end market value, or $250,000, whichever is
71.25less. The money in the fund shall be used for general administrative expenses and for
71.26the construction or implementation and maintenance of projects of common benefit to
71.27the watershed district. The managers may make an annual levy for the general fund as
71.28provided in section
103D.911. In addition to the annual general levy, the managers may
71.29annually levy a tax not to exceed 0.00798 percent of taxable
new text begin estimatednew text end market value
71.30for a period not to exceed 15 consecutive years to pay the cost attributable to the basic
71.31water management features of projects initiated by petition of a political subdivision
71.32within the watershed district or by petition of at least 50 resident owners whose property
71.33is within the watershed district.
72.1 Sec. 13. Minnesota Statutes 2012, section 103D.905, subdivision 8, is amended to read:
72.2 Subd. 8.
Survey and data acquisition fund. (a) A survey and data acquisition fund
72.3is established and used only if other funds are not available to the watershed district to pay
72.4for making necessary surveys and acquiring data.
72.5 (b) The survey and data acquisition fund consists of the proceeds of a property tax
72.6that can be levied only once every five years. The levy may not exceed 0.02418 percent of
72.7taxable
new text begin estimatednew text end market value.
72.8 (c) The balance of the survey and data acquisition fund may not exceed $50,000.
72.9 (d) In a subsequent proceeding for a project where a survey has been made, the
72.10attributable cost of the survey as determined by the managers shall be included as a part of
72.11the cost of the work and the sum shall be repaid to the survey and data acquisition fund.
72.12 Sec. 14. Minnesota Statutes 2012, section 117.025, subdivision 7, is amended to read:
72.13 Subd. 7.
Structurally substandard. "Structurally substandard" means a building:
72.14 (1) that was inspected by the appropriate local government and cited for one or more
72.15enforceable housing, maintenance, or building code violations;
72.16 (2) in which the cited building code violations involve one or more of the following:
72.17 (i) a roof and roof framing element;
72.18 (ii) support walls, beams, and headers;
72.19 (iii) foundation, footings, and subgrade conditions;
72.20 (iv) light and ventilation;
72.21 (v) fire protection, including egress;
72.22 (vi) internal utilities, including electricity, gas, and water;
72.23 (vii) flooring and flooring elements; or
72.24 (viii) walls, insulation, and exterior envelope;
72.25 (3) in which the cited housing, maintenance, or building code violations have not
72.26been remedied after two notices to cure the noncompliance; and
72.27 (4) has uncured housing, maintenance, and building code violations, satisfaction of
72.28which would cost more than 50 percent of the assessor's taxable
new text begin estimatednew text end market value
72.29for the building, excluding land value, as determined under section
273.11 for property
72.30taxes payable in the year in which the condemnation is commenced.
72.31A local government is authorized to seek from a judge or magistrate an administrative
72.32warrant to gain access to inspect a specific building in a proposed development or
72.33redevelopment area upon showing of probable cause that a specific code violation has
72.34occurred and that the violation has not been cured, and that the owner has denied the local
72.35government access to the property. Items of evidence that may support a conclusion of
73.1probable cause may include recent fire or police inspections, housing inspection, exterior
73.2evidence of deterioration, or other similar reliable evidence of deterioration in the specific
73.3building.
73.4 Sec. 15. Minnesota Statutes 2012, section 127A.48, subdivision 1, is amended to read:
73.5 Subdivision 1.
Computation. The Department of Revenue must annually conduct
73.6an assessment/sales ratio study of the taxable property in each
new text begin county, city, town, and new text end
73.7school district in accordance with the procedures in subdivisions 2 and 3. Based upon the
73.8results of this assessment/sales ratio study, the Department of Revenue must determine an
73.9aggregate equalized net tax capacity for the various classes of taxable property in each
73.10
new text begin taxing new text end district,
new text begin the aggregate of new text end which tax capacity shall be
new text begin isnew text end designated as the adjusted net
73.11tax capacity.
new text begin The adjusted net tax capacity must be reduced by the captured tax capacity of new text end
73.12
new text begin tax increment districts under section 469.177, subdivision 2, fiscal disparities contribution new text end
73.13
new text begin tax capacities under sections 276A.06 and 473F.08, and the tax capacity of transmission new text end
73.14
new text begin lines required to be subtracted from the local tax base under section 273.425; and increased new text end
73.15
new text begin by fiscal disparities distribution tax capacities under sections 276A.06 and 473F.08. new text end The
73.16adjusted net tax capacities shall be determined using the net tax capacity percentages in
73.17effect for the assessment year following the assessment year of the study. The Department
73.18of Revenue must make whatever estimates are necessary to account for changes in the
73.19classification system. The Department of Revenue may incur the expense necessary to
73.20make the determinations. The commissioner of revenue may reimburse any county or
73.21governmental official for requested services performed in ascertaining the adjusted net tax
73.22capacity. On or before March 15 annually, the Department of Revenue shall file with the
73.23chair of the Tax Committee of the house of representatives and the chair of the Committee
73.24on Taxes and Tax laws of the senate a report of adjusted net tax capacities
new text begin for school new text end
73.25
new text begin districtsnew text end . On or before June 15 annually, the Department of Revenue shall file its final report
73.26on the adjusted net tax capacities
new text begin for school districtsnew text end established by the previous year's
73.27assessments and the current year's net tax capacity percentages with the commissioner of
73.28education and each county auditor for those
new text begin schoolnew text end districts for which the auditor has the
73.29responsibility for determination of local tax rates. A copy of the report so filed shall be
73.30mailed to the clerk of each
new text begin schoolnew text end district involved and to the county assessor or supervisor
73.31of assessments of the county or counties in which each
new text begin schoolnew text end district is located.
73.32
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
74.1 Sec. 16. Minnesota Statutes 2012, section 138.053, is amended to read:
74.2
138.053 COUNTY HISTORICAL SOCIETY; TAX LEVY; CITIES OR
74.3
TOWNS.
74.4 The governing body of any home rule charter or statutory city or town may annually
74.5appropriate from its general fund an amount not to exceed 0.02418 percent of taxable
74.6
new text begin estimatednew text end market value, derived from ad valorem taxes on property or other revenues, to
74.7be paid to the historical society of its respective county to be used for the promotion of
74.8historical work and to aid in defraying the expenses of carrying on the historical work in the
74.9county. No city or town may appropriate any funds for the benefit of any historical society
74.10unless the society is affiliated with and approved by the Minnesota Historical Society.
74.11 Sec. 17. Minnesota Statutes 2012, section 144F.01, subdivision 4, is amended to read:
74.12 Subd. 4.
Property tax levy authority. The district's board may levy a tax on the
74.13taxable real and personal property in the district. The ad valorem tax levy may not exceed
74.140.048 percent of the taxable
new text begin estimatednew text end market value of the district or $400,000, whichever
74.15is less. The proceeds of the levy must be used as provided in subdivision 5. The board shall
74.16certify the levy at the times as provided under section
275.07. The board shall provide the
74.17county with whatever information is necessary to identify the property that is located within
74.18the district. If the boundaries include a part of a parcel, the entire parcel shall be included
74.19in the district. The county auditors must spread, collect, and distribute the proceeds of the
74.20tax at the same time and in the same manner as provided by law for all other property taxes.
74.21 Sec. 18. Minnesota Statutes 2012, section 162.07, subdivision 3, is amended to read:
74.22 Subd. 3.
Computation for rural counties. An amount equal to a levy of 0.01596
74.23percent on each rural county's total taxable
new text begin estimatednew text end market value for the last preceding
74.24calendar year shall be computed and shall be subtracted from the county's total estimated
74.25construction costs. The result thereof shall be the money needs of the county. For the
74.26purpose of this section, "rural counties" means all counties having a population of less
74.27than 175,000.
74.28 Sec. 19. Minnesota Statutes 2012, section 162.07, subdivision 4, is amended to read:
74.29 Subd. 4.
Computation for urban counties. An amount equal to a levy of 0.00967
74.30percent on each urban county's total taxable
new text begin estimatednew text end market value for the last preceding
74.31calendar year shall be computed and shall be subtracted from the county's total estimated
74.32construction costs. The result thereof shall be the money needs of the county. For
75.1the purpose of this section, "urban counties" means all counties having a population
75.2of 175,000 or more.
75.3 Sec. 20. Minnesota Statutes 2012, section 163.04, subdivision 3, is amended to read:
75.4 Subd. 3.
Bridges within certain cities. When the council of any statutory city or
75.5city of the third or fourth class may determine that it is necessary to build or improve any
75.6bridge or bridges, including approaches thereto, and any dam or retaining works connected
75.7therewith, upon or forming a part of streets or highways either wholly or partly within
75.8its limits, the county board shall appropriate one-half of the money as may be necessary
75.9therefor from the county road and bridge fund, not exceeding during any year one-half
75.10the amount of taxes paid into the county road and bridge fund during the preceding year,
75.11on property within the corporate limits of the city. The appropriation shall be made upon
75.12the petition of the council, which petition shall be filed by the council with the county
75.13board prior to the fixing by the board of the annual county tax levy. The county board
75.14shall determine the plans and specifications, shall let all necessary contracts, shall have
75.15charge of construction, and upon its request, warrants in payment thereof shall be issued
75.16by the county auditor, from time to time, as the construction work proceeds. Any unpaid
75.17balance may be paid or advanced by the city. On petition of the council, the appropriations
75.18of the county board, during not to exceed three successive years, may be made to apply
75.19on the construction of the same items and to repay any money advanced by the city in
75.20the construction thereof. None of the provisions of this section shall be construed to
75.21be mandatory as applied to any city whose
new text begin estimated new text end market value exceeds $2,100 per
75.22capita of its population.
75.23 Sec. 21. Minnesota Statutes 2012, section 163.06, subdivision 6, is amended to read:
75.24 Subd. 6.
Expenditure in certain counties. In any county having not less than 95
75.25nor more than 105 full and fractional townships, and having a
new text begin an estimatednew text end market value
75.26of not less than $12,000,000 nor more than $21,000,000, exclusive of money and credits,
75.27 the county board, by resolution, may expend the funds provided in subdivision 4 in any
75.28organized or unorganized township
new text begin town or unorganized territorynew text end or portion thereof in
75.29such county.
75.30 Sec. 22. Minnesota Statutes 2012, section 165.10, subdivision 1, is amended to read:
75.31 Subdivision 1.
Certain counties may issue and sell. The county board of any
75.32county having no outstanding road and bridge bonds may issue and sell county road bonds
75.33in an amount not exceeding 0.12089 percent of the
new text begin estimated new text end market value of the taxable
76.1property within the county exclusive of money and credits, for the purpose of constructing,
76.2reconstructing, improving, or maintaining any bridge or bridges on any highway under its
76.3jurisdiction, without submitting the matter to a vote of the electors of the county.
76.4 Sec. 23. Minnesota Statutes 2012, section 272.03, is amended by adding a subdivision
76.5to read:
76.6
new text begin Subd. 14.new text end new text begin Estimated market value.new text end new text begin "Estimated market value" means the assessor's new text end
76.7
new text begin determination of market value, including the effects of any orders made under section new text end
76.8
new text begin 270.12 or chapter 274, for the parcel. The provisions of section 273.032 apply for certain new text end
76.9
new text begin uses in determining the total estimated market value for the taxing jurisdiction.new text end
76.10 Sec. 24. Minnesota Statutes 2012, section 272.03, is amended by adding a subdivision
76.11to read:
76.12
new text begin Subd. 15.new text end new text begin Taxable market value.new text end new text begin "Taxable market value" means estimated market new text end
76.13
new text begin value for the parcel as reduced by market value exclusions, deferments of value, or other new text end
76.14
new text begin adjustments required by law, that reduce market value before the application of class rates.new text end
76.15 Sec. 25. Minnesota Statutes 2012, section 273.032, is amended to read:
76.16
273.032 MARKET VALUE DEFINITION.
76.17
new text begin (a) Unless otherwise provided, new text end for the purpose of determining any property tax
76.18levy limitation based on market value
new text begin or any limit on net debt, the issuance of bonds, new text end
76.19
new text begin certificates of indebtedness, or capital notes based on market valuenew text end , any qualification to
76.20receive state aid based on market value, or any state aid amount based on market value, the
76.21terms "market value," "taxable
new text begin estimatednew text end market value," and "market valuation," whether
76.22equalized or unequalized, mean the total taxable
new text begin estimatednew text end market value of
new text begin taxable new text end property
76.23within the local unit of government before any
new text begin of the following or similar new text end adjustments for
new text begin :new text end
76.24
new text begin (1) the market value exclusions under:new text end
76.25
new text begin (i) section 273.11, subdivisions 14a and 14c (vacant platted land);new text end
76.26
new text begin (ii) section 273.11, subdivision 16 (certain improvements to homestead property);new text end
76.27
new text begin (iii) section 273.11, subdivisions 19 and 20 (certain improvements to business new text end
76.28
new text begin properties);new text end
76.29
new text begin (iv) section 273.11, subdivision 21 (homestead property damaged by mold);new text end
76.30
new text begin (v) section 273.11, subdivision 22 (qualifying lead hazardous reduction projects);new text end
76.31
new text begin (vi) section 273.13, subdivision 34 (homestead of a disabled veteran or family new text end
76.32
new text begin caregiver);new text end
76.33
new text begin (vii) section 273.13, subdivision 35 (homestead market value exclusion); ornew text end
77.1
new text begin (2) the deferment of value under:new text end
77.2
new text begin (i) the Minnesota Agricultural Property Tax Law, section 273.111;new text end
77.3
new text begin (ii) the Aggregate Resource Preservation Law, section 273.1115;new text end
77.4
new text begin (iii) the Minnesota Open Space Property Tax Law, section 273.112;new text end
77.5
new text begin (iv) the rural preserves property tax program, section 273.114; ornew text end
77.6
new text begin (v) the Metropolitan Agricultural Preserves Act, section 473H.10; ornew text end
77.7
new text begin (3) the adjustments to tax capacity for:new text end
77.8
new text begin (i)new text end tax increment,
new text begin financing under sections 469.174 to 469.1794;new text end
77.9
new text begin (ii)new text end fiscal disparity,
new text begin disparities under chapter 276A or 473F; ornew text end
77.10
new text begin (iii) new text end powerline credit, or wind energy values, but after the limited market adjustments
77.11under section
273.11, subdivision 1a, and after the market value exclusions of certain
77.12improvements to homestead property under section
273.11, subdivision 16new text begin under section new text end
77.13
new text begin 273.425new text end .
77.14
new text begin (b) Estimated market value under paragraph (a) also includes the market value new text end
77.15
new text begin of tax-exempt property if the applicable law specifically provides that the limitation, new text end
77.16
new text begin qualification, or aid calculation includes tax-exempt property.new text end
77.17
new text begin (c)new text end Unless otherwise provided, "market value," "taxable
new text begin estimatednew text end market value,"
77.18and "market valuation" for purposes of this paragraph
new text begin property tax levy limitations and new text end
77.19
new text begin calculation of state aidnew text end , refer to the taxable
new text begin estimatednew text end market value for the previous
77.20assessment year
new text begin and for purposes of limits on net debt, the issuance of bonds, certificates of new text end
77.21
new text begin indebtedness, or capital notes refer to the estimated market value as last finally equalizednew text end .
77.22 For the purpose of determining any net debt limit based on market value, or any limit
77.23on the issuance of bonds, certificates of indebtedness, or capital notes based on market
77.24value, the terms "market value," "taxable market value," and "market valuation," whether
77.25equalized or unequalized, mean the total taxable market value of property within the local
77.26unit of government before any adjustments for tax increment, fiscal disparity, powerline
77.27credit, or wind energy values, but after the limited market value adjustments under section
77.28, subdivision 1a, and after the market value exclusions of certain improvements to
77.29homestead property under section
, subdivision 16. Unless otherwise provided,
77.30"market value," "taxable market value," and "market valuation" for purposes of this
77.31paragraph, mean the taxable market value as last finally equalized.
77.32
new text begin (d) For purposes of a provision of a home rule charter or of any special law that is not new text end
77.33
new text begin codified in the statutes and that imposes a levy limitation based on market value or any limit new text end
77.34
new text begin on debt, the issuance of bonds, certificates of indebtedness, or capital notes based on market new text end
77.35
new text begin value, the terms "market value," "taxable market value," and "market valuation," whether new text end
77.36
new text begin equalized or unequalized, mean "estimated market value" as defined in paragraph (a).new text end
78.1 Sec. 26. Minnesota Statutes 2012, section 273.11, subdivision 1, is amended to read:
78.2 Subdivision 1.
Generally. Except as provided in this section or section
273.17,
78.3subdivision 1
, all property shall be valued at its market value. The market value as
78.4determined pursuant to this section shall be stated such that any amount under $100 is
78.5rounded up to $100 and any amount exceeding $100 shall be rounded to the nearest $100.
78.6In estimating and determining such value, the assessor shall not adopt a lower or different
78.7standard of value because the same is to serve as a basis of taxation, nor shall the assessor
78.8adopt as a criterion of value the price for which such property would sell at a forced sale,
78.9or in the aggregate with all the property in the town or district; but the assessor shall value
78.10each article or description of property by itself, and at such sum or price as the assessor
78.11believes the same to be fairly worth in money. The assessor shall take into account the
78.12effect on the market value of property of environmental factors in the vicinity of the
78.13property. In assessing any tract or lot of real property, the value of the land, exclusive of
78.14structures and improvements, shall be determined, and also the value of all structures and
78.15improvements thereon, and the aggregate value of the property, including all structures
78.16and improvements, excluding the value of crops growing upon cultivated land. In valuing
78.17real property upon which there is a mine or quarry, it shall be valued at such price as such
78.18property, including the mine or quarry, would sell for at a fair, voluntary sale, for cash,
78.19if the material being mined or quarried is not subject to taxation under section
298.015
78.20and the mine or quarry is not exempt from the general property tax under section
298.25.
78.21In valuing real property which is vacant, platted property shall be assessed as provided
78.22in subdivision 14
new text begin subdivisions 14a and 14cnew text end . All property, or the use thereof, which is
78.23taxable under section
272.01, subdivision 2, or
273.19, shall be valued at the market
78.24value of such property and not at the value of a leasehold estate in such property, or at
78.25some lesser value than its market value.
78.26 Sec. 27. Minnesota Statutes 2012, section 273.124, subdivision 3a, is amended to read:
78.27 Subd. 3a.
Manufactured home park cooperative. (a) When a manufactured home
78.28park is owned by a corporation or association organized under chapter 308A or 308B,
78.29and each person who owns a share or shares in the corporation or association is entitled
78.30to occupy a lot within the park, the corporation or association may claim homestead
78.31treatment for the park. Each lot must be designated by legal description or number, and
78.32each lot is limited to not more than one-half acre of land.
78.33 (b) The manufactured home park shall be entitled to homestead treatment if all
78.34of the following criteria are met:
79.1 (1) the occupant or the cooperative corporation or association is paying the ad
79.2valorem property taxes and any special assessments levied against the land and structure
79.3either directly, or indirectly through dues to the corporation or association; and
79.4 (2) the corporation or association organized under chapter 308A or 308B is wholly
79.5owned by persons having a right to occupy a lot owned by the corporation or association.
79.6 (c) A charitable corporation, organized under the laws of Minnesota with no
79.7outstanding stock, and granted a ruling by the Internal Revenue Service for 501(c)(3)
79.8tax-exempt status, qualifies for homestead treatment with respect to a manufactured home
79.9park if its members hold residential participation warrants entitling them to occupy a lot
79.10in the manufactured home park.
79.11 (d) "Homestead treatment" under this subdivision means the class rate provided for
79.12class 4c property classified under section
273.13, subdivision 25, paragraph (d), clause (5),
79.13item (ii). The homestead market value credit
new text begin exclusionnew text end under section
new text begin 273.13, new text end
79.14
new text begin subdivision 35,new text end does not apply and the property taxes assessed against the park shall not
79.15be included in the determination of taxes payable for rent paid under section
290A.03.
79.16
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for taxes payable in 2013 and new text end
79.17
new text begin thereafter.new text end
79.18 Sec. 28. Minnesota Statutes 2012, section 273.124, subdivision 13, is amended to read:
79.19 Subd. 13.
Homestead application. (a) A person who meets the homestead
79.20requirements under subdivision 1 must file a homestead application with the county
79.21assessor to initially obtain homestead classification.
79.22 (b) The format and contents of a uniform homestead application shall be prescribed
79.23by the commissioner of revenue. The application must clearly inform the taxpayer that
79.24this application must be signed by all owners who occupy the property or by the qualifying
79.25relative and returned to the county assessor in order for the property to receive homestead
79.26treatment.
79.27 (c) Every property owner applying for homestead classification must furnish to the
79.28county assessor the Social Security number of each occupant who is listed as an owner
79.29of the property on the deed of record, the name and address of each owner who does not
79.30occupy the property, and the name and Social Security number of each owner's spouse who
79.31occupies the property. The application must be signed by each owner who occupies the
79.32property and by each owner's spouse who occupies the property, or, in the case of property
79.33that qualifies as a homestead under subdivision 1, paragraph (c), by the qualifying relative.
79.34 If a property owner occupies a homestead, the property owner's spouse may not
79.35claim another property as a homestead unless the property owner and the property owner's
80.1spouse file with the assessor an affidavit or other proof required by the assessor stating that
80.2the property qualifies as a homestead under subdivision 1, paragraph (e).
80.3 Owners or spouses occupying residences owned by their spouses and previously
80.4occupied with the other spouse, either of whom fail to include the other spouse's name
80.5and Social Security number on the homestead application or provide the affidavits or
80.6other proof requested, will be deemed to have elected to receive only partial homestead
80.7treatment of their residence. The remainder of the residence will be classified as
80.8nonhomestead residential. When an owner or spouse's name and Social Security number
80.9appear on homestead applications for two separate residences and only one application is
80.10signed, the owner or spouse will be deemed to have elected to homestead the residence for
80.11which the application was signed.
80.12 The Social Security numbers, state or federal tax returns or tax return information,
80.13including the federal income tax schedule F required by this section, or affidavits or other
80.14proofs of the property owners and spouses submitted under this or another section to
80.15support a claim for a property tax homestead classification are private data on individuals as
80.16defined by section
13.02, subdivision 12, but, notwithstanding that section, the private data
80.17may be disclosed to the commissioner of revenue, or, for purposes of proceeding under the
80.18Revenue Recapture Act to recover personal property taxes owing, to the county treasurer.
80.19 (d) If residential real estate is occupied and used for purposes of a homestead by a
80.20relative of the owner and qualifies for a homestead under subdivision 1, paragraph (c), in
80.21order for the property to receive homestead status, a homestead application must be filed
80.22with the assessor. The Social Security number of each relative and spouse of a relative
80.23occupying the property shall be required on the homestead application filed under this
80.24subdivision. If a different relative of the owner subsequently occupies the property, the
80.25owner of the property must notify the assessor within 30 days of the change in occupancy.
80.26The Social Security number of a relative or relative's spouse occupying the property
80.27is private data on individuals as defined by section
13.02, subdivision 12, but may be
80.28disclosed to the commissioner of revenue, or, for the purposes of proceeding under the
80.29Revenue Recapture Act to recover personal property taxes owing, to the county treasurer.
80.30 (e) The homestead application shall also notify the property owners that the
80.31application filed under this section will not be mailed annually and that if the property
80.32is granted homestead status for any assessment year, that same property shall remain
80.33classified as homestead until the property is sold or transferred to another person, or
80.34the owners, the spouse of the owner, or the relatives no longer use the property as their
80.35homestead. Upon the sale or transfer of the homestead property, a certificate of value must
80.36be timely filed with the county auditor as provided under section
272.115. Failure to
81.1notify the assessor within 30 days that the property has been sold, transferred, or that the
81.2owner, the spouse of the owner, or the relative is no longer occupying the property as a
81.3homestead, shall result in the penalty provided under this subdivision and the property
81.4will lose its current homestead status.
81.5 (f) If the homestead application is not returned within 30 days, the county will send a
81.6second application to the present owners of record. The notice of proposed property taxes
81.7prepared under section
275.065, subdivision 3, shall reflect the property's classification. If
81.8a homestead application has not been filed with the county by December 15, the assessor
81.9shall classify the property as nonhomestead for the current assessment year for taxes
81.10payable in the following year, provided that the owner may be entitled to receive the
81.11homestead classification by proper application under section
375.192.
81.12 (g) At the request of the commissioner, each county must give the commissioner a
81.13list that includes the name and Social Security number of each occupant of homestead
81.14property who is the property owner, property owner's spouse, qualifying relative of a
81.15property owner, or a spouse of a qualifying relative. The commissioner shall use the
81.16information provided on the lists as appropriate under the law, including for the detection
81.17of improper claims by owners, or relatives of owners, under chapter 290A.
81.18 (h) If the commissioner finds that a property owner may be claiming a fraudulent
81.19homestead, the commissioner shall notify the appropriate counties. Within 90 days of
81.20the notification, the county assessor shall investigate to determine if the homestead
81.21classification was properly claimed. If the property owner does not qualify, the county
81.22assessor shall notify the county auditor who will determine the amount of homestead
81.23benefits that had been improperly allowed. For the purpose of this section, "homestead
81.24benefits" means the tax reduction resulting from the classification as a homestead
new text begin and the new text end
81.25
new text begin homestead market value exclusion new text end under section
273.13, the taconite homestead credit
81.26under section
273.135, the residential homestead and agricultural homestead credits
new text begin creditnew text end
81.27 under section
273.1384, and the supplemental homestead credit under section
273.1391.
81.28 The county auditor shall send a notice to the person who owned the affected property
81.29at the time the homestead application related to the improper homestead was filed,
81.30demanding reimbursement of the homestead benefits plus a penalty equal to 100 percent
81.31of the homestead benefits. The person notified may appeal the county's determination
81.32by serving copies of a petition for review with county officials as provided in section
81.33278.01
and filing proof of service as provided in section
278.01 with the Minnesota Tax
81.34Court within 60 days of the date of the notice from the county. Procedurally, the appeal
81.35is governed by the provisions in chapter 271 which apply to the appeal of a property tax
81.36assessment or levy, but without requiring any prepayment of the amount in controversy. If
82.1the amount of homestead benefits and penalty is not paid within 60 days, and if no appeal
82.2has been filed, the county auditor shall certify the amount of taxes and penalty to the county
82.3treasurer. The county treasurer will add interest to the unpaid homestead benefits and
82.4penalty amounts at the rate provided in section
279.03 for real property taxes becoming
82.5delinquent in the calendar year during which the amount remains unpaid. Interest may be
82.6assessed for the period beginning 60 days after demand for payment was made.
82.7 If the person notified is the current owner of the property, the treasurer may add the
82.8total amount of homestead benefits, penalty, interest, and costs to the ad valorem taxes
82.9otherwise payable on the property by including the amounts on the property tax statements
82.10under section
276.04, subdivision 3. The amounts added under this paragraph to the ad
82.11valorem taxes shall include interest accrued through December 31 of the year preceding
82.12the taxes payable year for which the amounts are first added. These amounts, when added
82.13to the property tax statement, become subject to all the laws for the enforcement of real or
82.14personal property taxes for that year, and for any subsequent year.
82.15 If the person notified is not the current owner of the property, the treasurer may
82.16collect the amounts due under the Revenue Recapture Act in chapter 270A, or use any of
82.17the powers granted in sections
277.20 and
277.21 without exclusion, to enforce payment
82.18of the homestead benefits, penalty, interest, and costs, as if those amounts were delinquent
82.19tax obligations of the person who owned the property at the time the application related to
82.20the improperly allowed homestead was filed. The treasurer may relieve a prior owner of
82.21personal liability for the homestead benefits, penalty, interest, and costs, and instead extend
82.22those amounts on the tax lists against the property as provided in this paragraph to the extent
82.23that the current owner agrees in writing. On all demands, billings, property tax statements,
82.24and related correspondence, the county must list and state separately the amounts of
82.25homestead benefits, penalty, interest and costs being demanded, billed or assessed.
82.26 (i) Any amount of homestead benefits recovered by the county from the property
82.27owner shall be distributed to the county, city or town, and school district where the
82.28property is located in the same proportion that each taxing district's levy was to the total
82.29of the three taxing districts' levy for the current year. Any amount recovered attributable
82.30to taconite homestead credit shall be transmitted to the St. Louis County auditor to be
82.31deposited in the taconite property tax relief account. Any amount recovered that is
82.32attributable to supplemental homestead credit is to be transmitted to the commissioner of
82.33revenue for deposit in the general fund of the state treasury. The total amount of penalty
82.34collected must be deposited in the county general fund.
82.35 (j) If a property owner has applied for more than one homestead and the county
82.36assessors cannot determine which property should be classified as homestead, the county
83.1assessors will refer the information to the commissioner. The commissioner shall make
83.2the determination and notify the counties within 60 days.
83.3 (k) In addition to lists of homestead properties, the commissioner may ask the
83.4counties to furnish lists of all properties and the record owners. The Social Security
83.5numbers and federal identification numbers that are maintained by a county or city
83.6assessor for property tax administration purposes, and that may appear on the lists retain
83.7their classification as private or nonpublic data; but may be viewed, accessed, and used by
83.8the county auditor or treasurer of the same county for the limited purpose of assisting the
83.9commissioner in the preparation of microdata samples under section
270C.12.
83.10 (l) On or before April 30 each year beginning in 2007, each county must provide the
83.11commissioner with the following data for each parcel of homestead property by electronic
83.12means as defined in section
289A.02, subdivision 8:
83.13 (i) the property identification number assigned to the parcel for purposes of taxes
83.14payable in the current year;
83.15 (ii) the name and Social Security number of each occupant of homestead property
83.16who is the property owner, property owner's spouse, qualifying relative of a property
83.17owner, or spouse of a qualifying relative;
83.18 (iii) the classification of the property under section
273.13 for taxes payable in the
83.19current year and in the prior year;
83.20 (iv) an indication of whether the property was classified as a homestead for taxes
83.21payable in the current year because of occupancy by a relative of the owner or by a
83.22spouse of a relative;
83.23 (v) the property taxes payable as defined in section
290A.03, subdivision 13, for the
83.24current year and the prior year;
83.25 (vi) the market value of improvements to the property first assessed for tax purposes
83.26for taxes payable in the current year;
83.27 (vii) the assessor's estimated market value assigned to the property for taxes payable
83.28in the current year and the prior year;
83.29 (viii) the taxable market value assigned to the property for taxes payable in the
83.30current year and the prior year;
83.31 (ix) whether there are delinquent property taxes owing on the homestead;
83.32 (x) the unique taxing district in which the property is located; and
83.33 (xi) such other information as the commissioner decides is necessary.
83.34 The commissioner shall use the information provided on the lists as appropriate
83.35under the law, including for the detection of improper claims by owners, or relatives
83.36of owners, under chapter 290A.
84.1
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for taxes payable in 2013 and new text end
84.2
new text begin thereafter.new text end
84.3 Sec. 29. Minnesota Statutes 2012, section 273.13, subdivision 21b, is amended to read:
84.4 Subd. 21b.
new text begin Net new text end tax capacity. (a) Gross tax capacity means the product of the
84.5appropriate gross class rates in this section and market values.
84.6 (b) Net tax capacity means the product of the appropriate net class rates in this
84.7section and
new text begin taxable new text end market values.
84.8
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
84.9 Sec. 30. Minnesota Statutes 2012, section 273.1398, subdivision 3, is amended to read:
84.10 Subd. 3.
Disparity reduction aid. The amount of disparity aid certified for each
84.11taxing district within each unique taxing jurisdiction for taxes payable in the prior year
84.12shall be multiplied by the ratio of (1) the jurisdiction's tax capacity using the class rates for
84.13taxes payable in the year for which aid is being computed, to (2) its tax capacity using
84.14the class rates for taxes payable in the year prior to that for which aid is being computed,
84.15both based upon
new text begin taxable new text end market values for taxes payable in the year prior to that for which
84.16aid is being computed. If the commissioner determines that insufficient information is
84.17available to reasonably and timely calculate the numerator in this ratio for the first taxes
84.18payable year that a class rate change or new class rate is effective, the commissioner shall
84.19omit the effects of that class rate change or new class rate when calculating this ratio for
84.20aid payable in that taxes payable year. For aid payable in the year following a year for
84.21which such omission was made, the commissioner shall use in the denominator for the
84.22class that was changed or created, the tax capacity for taxes payable two years prior to that
84.23in which the aid is payable, based on
new text begin taxable new text end market values for taxes payable in the year
84.24prior to that for which aid is being computed.
84.25 Sec. 31. Minnesota Statutes 2012, section 273.1398, subdivision 4, is amended to read:
84.26 Subd. 4.
Disparity reduction credit. (a) Beginning with taxes payable in 1989,
84.27class 4a and class 3a property qualifies for a disparity reduction credit if: (1) the property
84.28is located in a border city that has an enterprise zone, as defined in section
469.166; (2)
84.29the property is located in a city with a population greater than 2,500 and less than 35,000
84.30according to the 1980 decennial census; (3) the city is adjacent to a city in another state or
84.31immediately adjacent to a city adjacent to a city in another state; and (4) the adjacent city
84.32in the other state has a population of greater than 5,000 and less than 75,000 according to
84.33the 1980 decennial census.
85.1 (b) The credit is an amount sufficient to reduce (i) the taxes levied on class 4a
85.2property to 2.3 percent of the property's
new text begin taxable new text end market value and (ii) the tax on class 3a
85.3property to 2.3 percent of
new text begin taxable new text end market value.
85.4 (c) The county auditor shall annually certify the costs of the credits to the
85.5Department of Revenue. The department shall reimburse local governments for the
85.6property taxes forgone as the result of the credits in proportion to their total levies.
85.7 Sec. 32. Minnesota Statutes 2012, section 275.011, subdivision 1, is amended to read:
85.8 Subdivision 1.
Determination of levy limit. The property tax levied for any
85.9purpose under a special law that is not codified in Minnesota Statutes or a city charter
85.10provision and that is subject to a mill rate limitation imposed by the special law or city
85.11charter provision, excluding levies subject to mill rate limitations that use adjusted
85.12assessed values determined by the commissioner of revenue under section
124.2131, must
85.13not exceed the following amount for the years specified:
85.14 (a) for taxes payable in 1988, the product of the applicable mill rate limitation
85.15imposed by special law or city charter provision multiplied by the total assessed valuation
85.16of all taxable property subject to the tax as adjusted by the provisions of Minnesota
85.17Statutes 1986, sections
272.64;
273.13, subdivision 7a; and
275.49;
85.18 (b) for taxes payable in 1989, the product of (1) the property tax levy limitation for
85.19the taxes payable year 1988 determined under clause (a) multiplied by (2) an index for
85.20market valuation changes equal to the assessment year 1988 total market valuation of all
85.21taxable property subject to the tax divided by the assessment year 1987 total market
85.22valuation of all taxable property subject to the tax; and
85.23 (c) for taxes payable in 1990 and subsequent years, the product of (1) the property
85.24tax levy limitation for the previous year determined pursuant to this subdivision multiplied
85.25by (2) an index for market valuation changes equal to the total market valuation of all
85.26taxable property subject to the tax for the current assessment year divided by the total
85.27market valuation of all taxable property subject to the tax for the previous assessment year.
85.28 For the purpose of determining the property tax levy limitation for the taxes payable
85.29year 1988
new text begin 2014new text end and subsequent years under this subdivision, "total market valuation"
85.30means the total
new text begin estimatednew text end market valuation
new text begin valuenew text end of all taxable property subject to the
85.31tax without valuation adjustments for fiscal disparities (chapters 276A and 473F), tax
85.32increment financing (sections
to 469.179), or powerline credit (section 273.425)
85.33
new text begin as provided under section 273.032new text end .
85.34 Sec. 33. Minnesota Statutes 2012, section 275.077, subdivision 2, is amended to read:
86.1 Subd. 2.
Correction of levy amount. The difference between the correct levy and
86.2the erroneous levy shall be added to the township levy for the subsequent levy year;
86.3provided that if the amount of the difference exceeds 0.12089 percent of taxable
new text begin estimatednew text end
86.4 market value, the excess shall be added to the township levy for the second and later
86.5subsequent levy years, not to exceed an additional levy of 0.12089 percent of taxable
86.6
new text begin estimatednew text end market value in any year, until the full amount of the difference has been levied.
86.7The funds collected from the corrected levies shall be used to reimburse the county for the
86.8payment required by subdivision 1.
86.9 Sec. 34. Minnesota Statutes 2012, section 275.71, subdivision 4, is amended to read:
86.10 Subd. 4.
Adjusted levy limit base. For taxes levied in 2008 through 2010, the
86.11adjusted levy limit base is equal to the levy limit base computed under subdivision 2
86.12or section
275.72, multiplied by:
86.13 (1) one plus the percentage growth in the implicit price deflator, but the percentage
86.14shall not be less than zero or exceed 3.9 percent;
86.15 (2) one plus a percentage equal to 50 percent of the percentage increase in the number
86.16of households, if any, for the most recent 12-month period for which data is available; and
86.17 (3) one plus a percentage equal to 50 percent of the percentage increase in the
86.18taxable
new text begin estimatednew text end market value of the jurisdiction due to new construction of class 3
86.19property, as defined in section
273.13, subdivision 4, except for state-assessed utility and
86.20railroad property, for the most recent year for which data is available.
86.21 Sec. 35. Minnesota Statutes 2012, section 276.04, subdivision 2, is amended to read:
86.22 Subd. 2.
Contents of tax statements. (a) The treasurer shall provide for the printing
86.23of the tax statements. The commissioner of revenue shall prescribe the form of the property
86.24tax statement and its contents. The tax statement must not state or imply that property tax
86.25credits are paid by the state of Minnesota. The statement must contain a tabulated statement
86.26of the dollar amount due to each taxing authority and the amount of the state tax from the
86.27parcel of real property for which a particular tax statement is prepared. The dollar amounts
86.28attributable to the county, the state tax, the voter approved school tax, the other local school
86.29tax, the township or municipality, and the total of the metropolitan special taxing districts
86.30as defined in section
275.065, subdivision 3, paragraph (i), must be separately stated.
86.31The amounts due all other special taxing districts, if any, may be aggregated except that
86.32any levies made by the regional rail authorities in the county of Anoka, Carver, Dakota,
86.33Hennepin, Ramsey, Scott, or Washington under chapter 398A shall be listed on a separate
86.34line directly under the appropriate county's levy. If the county levy under this paragraph
87.1includes an amount for a lake improvement district as defined under sections
103B.501
87.2to
103B.581, the amount attributable for that purpose must be separately stated from the
87.3remaining county levy amount. In the case of Ramsey County, if the county levy under this
87.4paragraph includes an amount for public library service under section
134.07, the amount
87.5attributable for that purpose may be separated from the remaining county levy amount.
87.6The amount of the tax on homesteads qualifying under the senior citizens' property tax
87.7deferral program under chapter 290B is the total amount of property tax before subtraction
87.8of the deferred property tax amount. The amount of the tax on contamination value
87.9imposed under sections
270.91 to
270.98, if any, must also be separately stated. The dollar
87.10amounts, including the dollar amount of any special assessments, may be rounded to the
87.11nearest even whole dollar. For purposes of this section whole odd-numbered dollars may
87.12be adjusted to the next higher even-numbered dollar. The amount of market value excluded
87.13under section
273.11, subdivision 16, if any, must also be listed on the tax statement.
87.14 (b) The property tax statements for manufactured homes and sectional structures
87.15taxed as personal property shall contain the same information that is required on the
87.16tax statements for real property.
87.17 (c) Real and personal property tax statements must contain the following information
87.18in the order given in this paragraph. The information must contain the current year tax
87.19information in the right column with the corresponding information for the previous year
87.20in a column on the left:
87.21 (1) the property's estimated market value under section
273.11, subdivision 1;
87.22 (2) the property's homestead market value exclusion under section
273.13,
87.23subdivision 35;
87.24 (3) the property's taxable market value after reductions under sections
,
87.25subdivisions 1a and 16, and
273.13, subdivision 35new text begin section 272.03, subdivision 15new text end ;
87.26 (4) the property's gross tax, before credits;
87.27 (5) for homestead agricultural properties, the credit under section
273.1384;
87.28 (6) any credits received under sections
273.119;
273.1234 or
273.1235;
273.135;
87.29273.1391
;
273.1398, subdivision 4;
469.171; and
473H.10, except that the amount of
87.30credit received under section
273.135 must be separately stated and identified as "taconite
87.31tax relief"; and
87.32 (7) the net tax payable in the manner required in paragraph (a).
87.33 (d) If the county uses envelopes for mailing property tax statements and if the county
87.34agrees, a taxing district may include a notice with the property tax statement notifying
87.35taxpayers when the taxing district will begin its budget deliberations for the current
87.36year, and encouraging taxpayers to attend the hearings. If the county allows notices to
88.1be included in the envelope containing the property tax statement, and if more than
88.2one taxing district relative to a given property decides to include a notice with the tax
88.3statement, the county treasurer or auditor must coordinate the process and may combine
88.4the information on a single announcement.
88.5 Sec. 36. Minnesota Statutes 2012, section 276A.01, subdivision 10, is amended to read:
88.6 Subd. 10.
new text begin Adjusted new text end market value. "
new text begin Adjusted new text end market value" of real and personal
88.7property within a municipality means the assessor's estimated
new text begin taxablenew text end market value
new text begin , new text end
88.8
new text begin as defined in section 272.03,new text end of all real and personal property, including the value of
88.9manufactured housing, within the municipality. For purposes of sections
to
88.10, the commissioner of revenue shall annually make determinations and reports
88.11with respect to each municipality which are comparable to those it makes for school
88.12districts
new text begin , adjusted for sales ratios in a manner similar to the adjustments made to city and new text end
88.13
new text begin town net tax capacitiesnew text end under section
127A.48, subdivisions 1 to 6, in the same manner
88.14and at the same times prescribed by the subdivision. The commissioner of revenue shall
88.15annually determine, for each municipality, information comparable to that required by
88.16section
475.53, subdivision 4, for school districts, as soon as practicable after it becomes
88.17available. The commissioner of revenue shall then compute the equalized market value of
88.18property within each municipality.
88.19
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
88.20 Sec. 37. Minnesota Statutes 2012, section 276A.01, subdivision 12, is amended to read:
88.21 Subd. 12.
Fiscal capacity. "Fiscal capacity" of a municipality means its valuation
88.22
new text begin adjusted market valuenew text end , determined as of January 2 of any year, divided by its population,
88.23determined as of a date in the same year.
88.24 Sec. 38. Minnesota Statutes 2012, section 276A.01, subdivision 13, is amended to read:
88.25 Subd. 13.
Average fiscal capacity. "Average fiscal capacity" of municipalities
88.26means the sum of the valuations
new text begin adjusted market valuesnew text end of all municipalities, determined
88.27as of January 2 of any year, divided by the sum of their populations, determined as of
88.28a date in the same year.
88.29 Sec. 39. Minnesota Statutes 2012, section 276A.01, subdivision 15, is amended to read:
88.30 Subd. 15.
Net tax capacity. "Net tax capacity" means the
new text begin taxablenew text end market value of
88.31real and personal property multiplied by its net tax capacity rates in section
273.13.
89.1 Sec. 40. Minnesota Statutes 2012, section 276A.06, subdivision 10, is amended to read:
89.2 Subd. 10.
Adjustment of values for other computations. For the purpose of
89.3computing the amount or rate of any salary, aid, tax, or debt authorized, required, or
89.4limited by any provision of any law or charter, where the authorization, requirement, or
89.5limitation is related to any value or valuation of taxable property within any governmental
89.6unit, the value or net tax capacity
new text begin fiscal capacity under section 276A.01, subdivision 12, a new text end
89.7
new text begin municipality's taxable market valuenew text end must be adjusted to reflect the adjustments
new text begin reductionsnew text end
89.8 to net tax capacity effected by subdivision 2,
new text begin clause (a), new text end provided that: (1) in determining
89.9the
new text begin taxable new text end market value of commercial-industrial property or any class thereof within
89.10a governmental unit for any purpose other than section
new text begin municipalitynew text end , (a) the
89.11reduction required by this subdivision is that amount which bears the same proportion to
89.12the amount subtracted from the governmental unit's
new text begin municipality'snew text end net tax capacity pursuant
89.13to subdivision 2, clause (a), as the
new text begin taxable new text end market value of commercial-industrial property,
89.14or such class thereof, located within the governmental unit
new text begin municipalitynew text end bears to the net
89.15tax capacity of commercial-industrial property, or such class thereof, located within the
89.16governmental unit, and (b) the increase required by this subdivision is that amount which
89.17bears the same proportion to the amount added to the governmental unit's net tax capacity
89.18pursuant to subdivision 2, clause (b), as the market value of commercial-industrial property,
89.19or such class thereof, located within the governmental unit bears to the net tax capacity of
89.20commercial-industrial property, or such class thereof, located within the governmental unit;
89.21and (2) in determining the market value of real property within a municipality for purposes
89.22of section
, the adjustment prescribed by clause (1)(a) must be made and that
89.23prescribed by clause (1)(b) must not be made
new text begin municipality. No adjustment shall be made new text end
89.24
new text begin to taxable market value for the increase in net tax capacity under subdivision 2, clause (b)new text end .
89.25 Sec. 41. Minnesota Statutes 2012, section 287.08, is amended to read:
89.26
287.08 TAX, HOW PAYABLE; RECEIPTS.
89.27 (a) The tax imposed by sections
287.01 to
287.12 must be paid to the treasurer of
89.28any county in this state in which the real property or some part is located at or before
89.29the time of filing the mortgage for record. The treasurer shall endorse receipt on the
89.30mortgage and the receipt is conclusive proof that the tax has been paid in the amount
89.31stated and authorizes any county recorder or registrar of titles to record the mortgage. Its
89.32form, in substance, shall be "registration tax hereon of ..................... dollars paid." If the
89.33mortgage is exempt from taxation the endorsement shall, in substance, be "exempt from
89.34registration tax." In either case the receipt must be signed by the treasurer. In case the
89.35treasurer is unable to determine whether a claim of exemption should be allowed, the tax
90.1must be paid as in the case of a taxable mortgage. For documents submitted electronically,
90.2the endorsements and tax amount shall be affixed electronically and no signature by the
90.3treasurer will be required. The actual payment method must be arranged in advance
90.4between the submitter and the receiving county.
90.5 (b) The county treasurer may refund in whole or in part any mortgage registry tax
90.6overpayment if a written application by the taxpayer is submitted to the county treasurer
90.7within 3-1/2 years from the date of the overpayment. If the county has not issued a denial
90.8of the application, the taxpayer may bring an action in Tax Court in the county in which
90.9the tax was paid at any time after the expiration of six months from the time that the
90.10application was submitted. A denial of refund may be appealed within 60 days from
90.11the date of the denial by bringing an action in Tax Court in the county in which the tax
90.12was paid. The action is commenced by the serving of a petition for relief on the county
90.13treasurer, and by filing a copy with the court. The county attorney shall defend the action.
90.14The county treasurer shall notify the treasurer of each county that has or would receive a
90.15portion of the tax as paid.
90.16 (c) If the county treasurer determines a refund should be paid, or if a refund is
90.17ordered by the court, the county treasurer of each county that actually received a portion
90.18of the tax shall immediately pay a proportionate share of three percent of the refund
90.19using any available county funds. The county treasurer of each county that received, or
90.20would have received, a portion of the tax shall also pay their county's proportionate share
90.21of the remaining 97 percent of the court-ordered refund on or before the 20th day of the
90.22following month using solely the mortgage registry tax funds that would be paid to the
90.23commissioner of revenue on that date under section
287.12. If the funds on hand under
90.24this procedure are insufficient to fully fund 97 percent of the court-ordered refund, the
90.25county treasurer of the county in which the action was brought shall file a claim with the
90.26commissioner of revenue under section
16A.48 for the remaining portion of 97 percent of
90.27the refund, and shall pay over the remaining portion upon receipt of a warrant from the
90.28state issued pursuant to the claim.
90.29 (d) When any mortgage covers real property located in more than one county in this
90.30state the total tax must be paid to the treasurer of the county where the mortgage is first
90.31presented for recording, and the payment must be receipted as provided in paragraph
90.32(a). If the principal debt or obligation secured by such a multiple county mortgage
90.33exceeds $10,000,000, the nonstate portion of the tax must be divided and paid over by
90.34the county treasurer receiving it, on or before the 20th day of each month after receipt,
90.35to the county or counties entitled in the ratio that the
new text begin estimated new text end market value of the real
90.36property covered by the mortgage in each county bears to the
new text begin estimated new text end market value of
91.1all the real property in this state described in the mortgage. In making the division and
91.2payment the county treasurer shall send a statement giving the description of the real
91.3property described in the mortgage and the
new text begin estimated new text end market value of the part located in
91.4each county. For this purpose, the treasurer of any county may require the treasurer of
91.5any other county to certify to the former the
new text begin estimated new text end market valuation
new text begin valuenew text end of any tract
91.6of real property in any mortgage.
91.7 (e) The mortgagor must pay the tax imposed by sections
287.01 to
287.12. The
91.8mortgagee may undertake to collect and remit the tax on behalf of the mortgagor. If the
91.9mortgagee collects money from the mortgagor to remit the tax on behalf of the mortgagor,
91.10the mortgagee has a fiduciary duty to remit the tax on behalf of the mortgagor as to the
91.11amount of the tax collected for that purpose and the mortgagor is relieved of any further
91.12obligation to pay the tax as to the amount collected by the mortgagee for this purpose.
91.13 Sec. 42. Minnesota Statutes 2012, section 287.23, subdivision 1, is amended to read:
91.14 Subdivision 1.
Real property outside county. If any taxable deed or instrument
91.15describes any real property located in more than one county in this state, the total tax must
91.16be paid to the treasurer of the county where the document is first presented for recording,
91.17and the payment must be receipted as provided in section
287.08. If the net consideration
91.18exceeds $700,000, the nonstate portion of the tax must be divided and paid over by the
91.19county treasurer receiving it, on or before the 20th day of each month after receipt, to
91.20the county or counties entitled in the ratio which the
new text begin estimated new text end market value of the real
91.21property covered by the document in each county bears to the
new text begin estimated new text end market value of
91.22all the real property in this state described in the document. In making the division and
91.23payment the county treasurer shall send a statement to the other involved counties giving
91.24the description of the real property described in the document and the
new text begin estimated new text end market
91.25value of the part located in each county. The treasurer of any county may require the
91.26treasurer of any other county to certify to the former the
new text begin estimated new text end market valuation
new text begin valuenew text end
91.27 of any parcel of real property for this purpose.
91.28 Sec. 43. Minnesota Statutes 2012, section 353G.08, subdivision 2, is amended to read:
91.29 Subd. 2.
Cash flow funding requirement. If the executive director determines that
91.30an account in the voluntary statewide lump-sum volunteer firefighter retirement plan has
91.31insufficient assets to meet the service pensions determined payable from the account,
91.32the executive director shall certify the amount of the potential service pension shortfall
91.33to the municipality or municipalities and the municipality or municipalities shall make
91.34an additional employer contribution to the account within ten days of the certification.
92.1If more than one municipality is associated with the account, unless the municipalities
92.2agree to a different allocation, the municipalities shall allocate the additional employer
92.3contribution one-half in proportion to the population of each municipality and one-half in
92.4proportion to the
new text begin estimated new text end market value of the property of each municipality.
92.5 Sec. 44. Minnesota Statutes 2012, section 365.025, subdivision 4, is amended to read:
92.6 Subd. 4.
Major purchases: notice, petition, election. Before buying anything
92.7under subdivision 2 that costs more than 0.24177 percent of the
new text begin estimated new text end market value of
92.8the town, the town must follow this subdivision.
92.9 The town must publish in its official newspaper the board's resolution to pay for the
92.10property over time. Then a petition for an election on the contract may be filed with the
92.11clerk. The petition must be filed within ten days after the resolution is published. To require
92.12the election the petition must be signed by a number of voters equal to ten percent of the
92.13voters at the last regular town election. The contract then must be approved by a majority of
92.14those voting on the question. The question may be voted on at a regular or special election.
92.15 Sec. 45. Minnesota Statutes 2012, section 366.095, subdivision 1, is amended to read:
92.16 Subdivision 1.
Certificates of indebtedness. The town board may issue certificates
92.17of indebtedness within the debt limits for a town purpose otherwise authorized by law.
92.18The certificates shall be payable in not more than ten years and be issued on the terms and
92.19in the manner as the board may determine. If the amount of the certificates to be issued
92.20exceeds 0.25 percent of the
new text begin estimated new text end market value of the town, they shall not be issued
92.21for at least ten days after publication in a newspaper of general circulation in the town of
92.22the board's resolution determining to issue them. If within that time, a petition asking for
92.23an election on the proposition signed by voters equal to ten percent of the number of voters
92.24at the last regular town election is filed with the clerk, the certificates shall not be issued
92.25until their issuance has been approved by a majority of the votes cast on the question at
92.26a regular or special election. A tax levy shall be made to pay the principal and interest
92.27on the certificates as in the case of bonds.
92.28 Sec. 46. Minnesota Statutes 2012, section 366.27, is amended to read:
92.29
366.27 FIREFIGHTERS' RELIEF; TAX LEVY.
92.30 The town board of any town in this state having therein a platted portion on
92.31which resides 1,200 or more people, and wherein a duly incorporated firefighters' relief
92.32association is located may each year levy a tax not to exceed 0.00806 percent of taxable
92.33
new text begin estimatednew text end market value for the benefit of the relief association.
93.1 Sec. 47. Minnesota Statutes 2012, section 368.01, subdivision 23, is amended to read:
93.2 Subd. 23.
Financing purchase of certain equipment. The town board may issue
93.3certificates of indebtedness within debt limits to purchase fire or police equipment or
93.4ambulance equipment or street construction or maintenance equipment. The certificates
93.5shall be payable in not more than five years and be issued on terms and in the manner as the
93.6board may determine. If the amount of the certificates to be issued to finance a purchase
93.7exceeds 0.24177 percent of the
new text begin estimated new text end market value of the town, excluding money
93.8and credits, they shall not be issued for at least ten days after publication in the official
93.9newspaper of a town board resolution determining to issue them. If before the end of that
93.10time, a petition asking for an election on the proposition signed by voters equal to ten
93.11percent of the number of voters at the last regular town election is filed with the clerk, the
93.12certificates shall not be issued until the proposition of their issuance has been approved by a
93.13majority of the votes cast on the question at a regular or special election. A tax levy shall be
93.14made for the payment of the principal and interest on the certificates as in the case of bonds.
93.15 Sec. 48. Minnesota Statutes 2012, section 368.47, is amended to read:
93.16
368.47 TOWNS MAY BE DISSOLVED.
93.17 (1) When the voters residing within a town have failed to elect any town officials for
93.18more than ten years continuously;
93.19 (2) when a town has failed for a period of ten years to exercise any of the powers
93.20and functions of a town;
93.21 (3) when the
new text begin estimated new text end market value of a town drops to less than $165,000;
93.22 (4) when the tax delinquency of a town, exclusive of taxes that are delinquent or
93.23unpaid because they are contested in proceedings for the enforcement of taxes, amounts to
93.2412 percent of its market value; or
93.25 (5) when the state or federal government has acquired title to 50 percent of the
93.26real estate of a town,
93.27which facts, or any of them, may be found and determined by the resolution of the county
93.28board of the county in which the town is located, according to the official records in the
93.29office of the county auditor, the county board by resolution may declare the town, naming
93.30it, dissolved and no longer entitled to exercise any of the powers or functions of a town.
93.31 In Cass, Itasca, and St. Louis Counties, before the dissolution is effective the voters
93.32of the town shall express their approval or disapproval. The town clerk shall, upon a
93.33petition signed by a majority of the registered voters of the town, filed with the clerk at
93.34least 60 days before a regular or special town election, give notice at the same time and
93.35in the same manner of the election that the question of dissolution of the town will be
94.1submitted for determination at the election. At the election the question shall be voted
94.2upon by a separate ballot, the terms of which shall be either "for dissolution" or "against
94.3dissolution." The ballot shall be deposited in a separate ballot box and the result of the
94.4voting canvassed, certified, and returned in the same manner and at the same time as
94.5other facts and returns of the election. If a majority of the votes cast at the election are
94.6for dissolution, the town shall be dissolved. If a majority of the votes cast at the election
94.7are against dissolution, the town shall not be dissolved.
94.8 When a town is dissolved under sections
368.47 to
368.49 the county shall acquire
94.9title to any telephone company or other business conducted by the town. The business
94.10shall be operated by the board of county commissioners until it can be sold. The
94.11subscribers or patrons of the business shall have the first opportunity of purchase. If the
94.12town has any outstanding indebtedness chargeable to the business, the county auditor shall
94.13levy a tax against the property situated in the dissolved town to pay the indebtedness
94.14as it becomes due.
94.15 Sec. 49. Minnesota Statutes 2012, section 370.01, is amended to read:
94.16
370.01 CHANGE OF BOUNDARIES; CREATION OF NEW COUNTIES.
94.17 The boundaries of counties may be changed by taking territory from a county and
94.18attaching it to an adjoining county, and new counties may be established out of territory of
94.19one or more existing counties. A new county shall contain at least 400 square miles and
94.20have at least 4,000 inhabitants. A proposed new county must have a total taxable
new text begin estimatednew text end
94.21 market value of at least 35 percent of (i) the total taxable
new text begin estimatednew text end market value of the
94.22existing county, or (ii) the average total taxable
new text begin estimatednew text end market value of the existing
94.23counties, included in the proposition. The determination of the taxable
new text begin estimatednew text end market
94.24value of a county must be made by the commissioner of revenue. An existing county shall
94.25not be reduced in area below 400 square miles, have less than 4,000 inhabitants, or have a
94.26total taxable
new text begin estimatednew text end market value of less than that required of a new county.
94.27 No change in the boundaries of any county having an area of more than 2,500 square
94.28miles, whether by the creation of a new county, or otherwise, shall detach from the existing
94.29county any territory within 12 miles of the county seat.
94.30 Sec. 50. Minnesota Statutes 2012, section 373.40, subdivision 1, is amended to read:
94.31 Subdivision 1.
Definitions. For purposes of this section, the following terms have
94.32the meanings given.
94.33 (a) "Bonds" means an obligation as defined under section
475.51.
95.1 (b) "Capital improvement" means acquisition or betterment of public lands,
95.2buildings, or other improvements within the county for the purpose of a county courthouse,
95.3administrative building, health or social service facility, correctional facility, jail, law
95.4enforcement center, hospital, morgue, library, park, qualified indoor ice arena, roads and
95.5bridges, and the acquisition of development rights in the form of conservation easements
95.6under chapter 84C. An improvement must have an expected useful life of five years or
95.7more to qualify. "Capital improvement" does not include a recreation or sports facility
95.8building (such as, but not limited to, a gymnasium, ice arena, racquet sports facility,
95.9swimming pool, exercise room or health spa), unless the building is part of an outdoor
95.10park facility and is incidental to the primary purpose of outdoor recreation.
95.11 (c) "Metropolitan county" means a county located in the seven-county metropolitan
95.12area as defined in section
473.121 or a county with a population of 90,000 or more.
95.13 (d) "Population" means the population established by the most recent of the
95.14following (determined as of the date the resolution authorizing the bonds was adopted):
95.15 (1) the federal decennial census,
95.16 (2) a special census conducted under contract by the United States Bureau of the
95.17Census, or
95.18 (3) a population estimate made either by the Metropolitan Council or by the state
95.19demographer under section
4A.02.
95.20 (e) "Qualified indoor ice arena" means a facility that meets the requirements of
95.21section
373.43.
95.22 (f) "Tax capacity" means total taxable market value, but does not include captured
95.23market value.
95.24 Sec. 51. Minnesota Statutes 2012, section 373.40, subdivision 4, is amended to read:
95.25 Subd. 4.
Limitations on amount. A county may not issue bonds under this section
95.26if the maximum amount of principal and interest to become due in any year on all the
95.27outstanding bonds issued pursuant to this section (including the bonds to be issued) will
95.28equal or exceed 0.12 percent of taxable
new text begin the estimatednew text end market value of property in the
95.29county. Calculation of the limit must be made using the taxable
new text begin estimatednew text end market value for
95.30the taxes payable year in which the obligations are issued and sold. This section does not
95.31limit the authority to issue bonds under any other special or general law.
95.32 Sec. 52. Minnesota Statutes 2012, section 375.167, subdivision 1, is amended to read:
95.33 Subdivision 1.
Appropriations. Notwithstanding any contrary law, a county board
95.34may appropriate from the general revenue fund to any nonprofit corporation a sum not
96.1to exceed 0.00604 percent of taxable
new text begin estimatednew text end market value to provide legal assistance
96.2to persons who are unable to afford private legal counsel.
96.3 Sec. 53. Minnesota Statutes 2012, section 375.18, subdivision 3, is amended to read:
96.4 Subd. 3.
Courthouse. Each county board may erect, furnish, and maintain a
96.5suitable courthouse. No indebtedness shall be created for a courthouse in excess of an
96.6amount equal to a levy of 0.04030 percent of taxable
new text begin estimatednew text end market value without the
96.7approval of a majority of the voters of the county voting on the question of issuing the
96.8obligation at an election.
96.9 Sec. 54. Minnesota Statutes 2012, section 375.555, is amended to read:
96.10
375.555 FUNDING.
96.11 To implement the county emergency jobs program, the county board may expend
96.12an amount equal to what would be generated by a levy of 0.01209 percent of taxable
96.13
new text begin estimatednew text end market value. The money to be expended may be from any available funds
96.14not otherwise earmarked.
96.15 Sec. 55. Minnesota Statutes 2012, section 383B.152, is amended to read:
96.16
383B.152 BUILDING AND MAINTENANCE FUND.
96.17 The county board may by resolution levy a tax to provide money which shall be kept
96.18in a fund known as the county reserve building and maintenance fund. Money in the fund
96.19shall be used solely for the construction, maintenance, and equipping of county buildings
96.20that are constructed or maintained by the board. The levy shall not be subject to any limit
96.21fixed by any other law or by any board of tax levy or other corresponding body, but shall
96.22not exceed 0.02215 percent of taxable
new text begin estimatednew text end market value, less the amount required by
96.23chapter 475 to be levied in the year for the payment of the principal of and interest on all
96.24bonds issued pursuant to Extra Session Laws 1967, chapter 47, section 1.
96.25 Sec. 56. Minnesota Statutes 2012, section 383B.245, is amended to read:
96.26
383B.245 LIBRARY LEVY.
96.27 (a) The county board may levy a tax on the taxable property within the county to
96.28acquire, better, and construct county library buildings and branches and to pay principal
96.29and interest on bonds issued for that purpose.
96.30 (b) The county board may by resolution adopted by a five-sevenths vote issue and
96.31sell general obligation bonds of the county in the manner provided in sections
475.60 to
97.1475.73
. The bonds shall not be subject to the limitations of sections
475.51 to
475.59,
97.2but the maturity years and amounts and interest rates of each series of bonds shall be
97.3fixed so that the maximum amount of principal and interest to become due in any year,
97.4on the bonds of that series and of all outstanding series issued by or for the purposes of
97.5libraries, shall not exceed an amount equal to 0.01612 percent of
new text begin estimated new text end market value
97.6of all taxable property in the county as last finally equalized before the issuance of the new
97.7series. When the tax levy authorized in this section is collected it shall be appropriated
97.8and credited to a debt service fund for the bonds in amounts required each year in lieu of a
97.9countywide tax levy for the debt service fund under section
475.61.
97.10 Sec. 57. Minnesota Statutes 2012, section 383B.73, subdivision 1, is amended to read:
97.11 Subdivision 1.
Levy. To provide funds for the purposes of the Three Rivers Park
97.12District as set forth in its annual budget, in lieu of the levies authorized by any other
97.13special law for such purposes, the Board of Park District Commissioners may levy taxes
97.14on all the taxable property in the county and park district at a rate not exceeding 0.03224
97.15percent of
new text begin estimated new text end market value. Notwithstanding section
398.16, on or before October
97.161 of each year, after public hearing, the Board of Park District Commissioners shall adopt
97.17a budget for the ensuing year and shall determine the total amount necessary to be raised
97.18from ad valorem tax levies to meet its budget. The Board of Park District Commissioners
97.19shall submit the budget to the county board. The county board may veto or modify an item
97.20contained in the budget. If the county board determines to veto or to modify an item in the
97.21budget, it must, within 15 days after the budget was submitted by the district board, state
97.22in writing the specific reasons for its objection to the item vetoed or the reason for the
97.23modification. The Park District Board, after consideration of the county board's objections
97.24and proposed modifications, may reapprove a vetoed item or the original version of an item
97.25with respect to which a modification has been proposed, by a two-thirds majority. If the
97.26district board does not reapprove a vetoed item, the item shall be deleted from the budget.
97.27If the district board does not reapprove the original version of a modified item, the item
97.28shall be included in the budget as modified by the county board. After adoption of the final
97.29budget and no later than October 1, the superintendent of the park district shall certify to the
97.30office of the Hennepin County director of tax and public records exercising the functions
97.31of the county auditor the total amount to be raised from ad valorem tax levies to meet its
97.32budget for the ensuing year. The director of tax and public records shall add the amount of
97.33any levy certified by the district to other tax levies on the property of the county within the
97.34district for collection by the director of tax and public records with other taxes. When
98.1collected, the director shall make settlement of such taxes with the district in the same
98.2manner as other taxes are distributed to the other political subdivisions in Hennepin County.
98.3 Sec. 58. Minnesota Statutes 2012, section 383E.20, is amended to read:
98.4
383E.20 BONDING FOR COUNTY LIBRARY BUILDINGS.
98.5 The Anoka County Board may, by resolution adopted by a four-sevenths vote, issue
98.6and sell general obligation bonds of the county in the manner provided in chapter 475 to
98.7acquire, better, and construct county library buildings. The bonds shall not be subject to the
98.8requirements of sections 475.57 to 475.59. The maturity years and amounts and interest
98.9rates of each series of bonds shall be fixed so that the maximum amount of principal and
98.10interest to become due in any year, on the bonds of that series and of all outstanding series
98.11issued by or for the purposes of libraries, shall not exceed an amount equal to .01 percent
98.12of the taxable
new text begin estimatednew text end market value of all taxable property in the county, excluding any
98.13taxable property taxed by any city for the support of any free public library. When the tax
98.14levy authorized in this section is collected, it shall be appropriated and credited to a debt
98.15service fund for the bonds. The tax levy for the debt service fund under section 475.61
98.16shall be reduced by the amount available or reasonably anticipated to be available in the
98.17fund to make payments otherwise payable from the levy pursuant to section 475.61.
98.18 Sec. 59. Minnesota Statutes 2012, section 383E.23, is amended to read:
98.19
383E.23 LIBRARY TAX.
98.20 The Anoka County Board may levy a tax of not more than .01 percent of the taxable
98.21
new text begin estimatednew text end market value of taxable property located within the county excluding any
98.22taxable property taxed by any city for the support of any free public library, to acquire,
98.23better, and construct county library buildings and to pay principal and interest on bonds
98.24issued for that purpose. The tax shall be disregarded in the calculation of levies or limits
98.25on levies provided by section 373.40, or other law.
98.26 Sec. 60. Minnesota Statutes 2012, section 385.31, is amended to read:
98.27
385.31 PAYMENT OF COUNTY ORDERS OR WARRANTS.
98.28 When any order or warrant drawn on the treasurer is presented for payment, if there
98.29is money in the treasury for that purpose, the county treasurer shall redeem the same, and
98.30write across the entire face thereof the word "redeemed," the date of the redemption, and
98.31the treasurer's official signature. If there is not sufficient funds in the proper accounts to
98.32pay such orders they shall be numbered and registered in their order of presentation,
99.1and proper endorsement thereof shall be made on such orders and they shall be entitled
99.2to payment in like order. Such orders shall bear interest at not to exceed the rate of six
99.3percent per annum from such date of presentment. The treasurer, as soon as there is
99.4sufficient money in the treasury, shall appropriate and set apart a sum sufficient for the
99.5payment of the orders so presented and registered, and, if entitled to interest, issue to the
99.6original holder a notice that interest will cease in 30 days from the date of such notice; and,
99.7if orders thus entitled to priority of payment are not then presented, the next in order of
99.8registry may be paid until such orders are presented. No interest shall be paid on any order,
99.9except upon a warrant drawn by the county auditor for that purpose, giving the number
99.10and the date of the order on account of which the interest warrant is drawn. In any county
99.11in this state now or hereafter having a
new text begin an estimatednew text end market value of all taxable property,
99.12exclusive of money and credits, of not less than $1,033,000,000, the county treasurer, in
99.13order to save payment of interest on county warrants drawn upon a fund in which there
99.14shall be temporarily insufficient money in the treasury to redeem the same, may borrow
99.15temporarily from any other fund in the county treasury in which there is a sufficient balance
99.16to care for the needs of such fund and allow a temporary loan or transfer to any other fund,
99.17and may pay such warrants out of such funds. Any such money so transferred and used in
99.18redeeming such county warrants shall be returned to the fund from which drawn as soon
99.19as money shall come in to the credit of such fund on which any such warrant was drawn
99.20and paid as aforesaid. Any county operating on a cash basis may use a combined form of
99.21warrant or order and check, which, when signed by the chair of the county board and by
99.22the auditor, is an order or warrant for the payment of the claim, and, when countersigned
99.23by the county treasurer, is a check for the payment of the amount thereof.
99.24 Sec. 61. Minnesota Statutes 2012, section 394.36, subdivision 1, is amended to read:
99.25 Subdivision 1.
Continuation of nonconformity; limitations. Except as provided in
99.26subdivision 2, 3, or 4, any nonconformity, including the lawful use or occupation of land
99.27or premises existing at the time of the adoption of an official control under this chapter,
99.28may be continued, although the use or occupation does not conform to the official control.
99.29If the nonconformity or occupancy is discontinued for a period of more than one year, or
99.30any nonconforming building or structure is destroyed by fire or other peril to the extent of
99.3150 percent of its
new text begin estimated new text end market value, any subsequent use or occupancy of the land or
99.32premises shall be a conforming use or occupancy.
99.33 Sec. 62. Minnesota Statutes 2012, section 398A.04, subdivision 8, is amended to read:
100.1 Subd. 8.
Taxation. Before deciding to exercise the power to tax, the authority shall
100.2give six weeks' published notice in all municipalities in the region. If a number of voters
100.3in the region equal to five percent of those who voted for candidates for governor at the
100.4last gubernatorial election present a petition within nine weeks of the first published notice
100.5to the secretary of state requesting that the matter be submitted to popular vote, it shall be
100.6submitted at the next general election. The question prepared shall be:
100.7 "Shall the regional rail authority have the power to impose a property tax?
100.8
Yes
.....
100.9
No
.....
"
100.10 If a majority of those voting on the question approve or if no petition is presented
100.11within the prescribed time the authority may levy a tax at any annual rate not exceeding
100.120.04835 percent of
new text begin estimatednew text end market value of all taxable property situated within the
100.13municipality or municipalities named in its organization resolution. Its recording officer
100.14shall file, on or before September 15, in the office of the county auditor of each county
100.15in which territory under the jurisdiction of the authority is located a certified copy of the
100.16board of commissioners' resolution levying the tax, and each county auditor shall assess
100.17and extend upon the tax rolls of each municipality named in the organization resolution the
100.18portion of the tax that bears the same ratio to the whole amount that the net tax capacity of
100.19taxable property in that municipality bears to the net tax capacity of taxable property in
100.20all municipalities named in the organization resolution. Collections of the tax shall be
100.21remitted by each county treasurer to the treasurer of the authority. For taxes levied in 1991,
100.22the amount levied for light rail transit purposes under this subdivision shall not exceed 75
100.23percent of the amount levied in 1990 for light rail transit purposes under this subdivision.
100.24 Sec. 63. Minnesota Statutes 2012, section 401.05, subdivision 3, is amended to read:
100.25 Subd. 3.
Leasing. (a) A county or joint powers board of a group of counties
100.26which acquires or constructs and equips or improves facilities under this chapter may,
100.27with the approval of the board of county commissioners of each county, enter into a
100.28lease agreement with a city situated within any of the counties, or a county housing and
100.29redevelopment authority established under chapter 469 or any special law. Under the lease
100.30agreement, the city or county housing and redevelopment authority shall:
100.31 (1) construct or acquire and equip or improve a facility in accordance with plans
100.32prepared by or at the request of a county or joint powers board of the group of counties
100.33and approved by the commissioner of corrections; and
100.34 (2) finance the facility by the issuance of revenue bonds.
101.1 (b) The county or joint powers board of a group of counties may lease the facility
101.2site, improvements, and equipment for a term upon rental sufficient to produce revenue
101.3for the prompt payment of the revenue bonds and all interest accruing on them. Upon
101.4completion of payment, the lessee shall acquire title. The real and personal property
101.5acquired for the facility constitutes a project and the lease agreement constitutes a revenue
101.6agreement as provided in sections
469.152 to
469.165. All proceedings by the city or
101.7county housing and redevelopment authority and the county or joint powers board shall be
101.8as provided in sections
469.152 to
469.165, with the following adjustments:
101.9 (1) no tax may be imposed upon the property;
101.10 (2) the approval of the project by the commissioner of employment and economic
101.11development is not required;
101.12 (3) the Department of Corrections shall be furnished and shall record information
101.13concerning each project as it may prescribe, in lieu of reports required on other projects to
101.14the commissioner of employment and economic development;
101.15 (4) the rentals required to be paid under the lease agreement shall not exceed in any
101.16year one-tenth of one percent of the
new text begin estimated new text end market value of property within the county
101.17or group of counties as last equalized before the execution of the lease agreement;
101.18 (5) the county or group of counties shall provide for payment of all rentals due
101.19during the term of the lease agreement in the manner required in subdivision 4;
101.20 (6) no mortgage on the facilities shall be granted for the security of the bonds, but
101.21compliance with clause (5) may be enforced as a nondiscretionary duty of the county
101.22or group of counties; and
101.23 (7) the county or the joint powers board of the group of counties may sublease any
101.24part of the facilities for purposes consistent with their maintenance and operation.
101.25 Sec. 64. Minnesota Statutes 2012, section 410.32, is amended to read:
101.26
410.32 CITIES MAY ISSUE CAPITAL NOTES FOR CAPITAL EQUIPMENT.
101.27 (a) Notwithstanding any contrary provision of other law or charter, a home rule
101.28charter city may, by resolution and without public referendum, issue capital notes subject
101.29to the city debt limit to purchase capital equipment.
101.30 (b) For purposes of this section, "capital equipment" means:
101.31 (1) public safety equipment, ambulance and other medical equipment, road
101.32construction and maintenance equipment, and other capital equipment; and
101.33 (2) computer hardware and software, whether bundled with machinery or equipment
101.34or unbundled.
102.1 (c) The equipment or software must have an expected useful life at least as long
102.2as the term of the notes.
102.3 (d) The notes shall be payable in not more than ten years and be issued on terms
102.4and in the manner the city determines. The total principal amount of the capital notes
102.5issued in a fiscal year shall not exceed 0.03 percent of the
new text begin estimated new text end market value of
102.6taxable property in the city for that year.
102.7 (e) A tax levy shall be made for the payment of the principal and interest on the
102.8notes, in accordance with section
475.61, as in the case of bonds.
102.9 (f) Notes issued under this section shall require an affirmative vote of two-thirds of
102.10the governing body of the city.
102.11 (g) Notwithstanding a contrary provision of other law or charter, a home rule charter
102.12city may also issue capital notes subject to its debt limit in the manner and subject to the
102.13limitations applicable to statutory cities pursuant to section
412.301.
102.14 Sec. 65. Minnesota Statutes 2012, section 412.221, subdivision 2, is amended to read:
102.15 Subd. 2.
Contracts. The council shall have power to make such contracts as may
102.16be deemed necessary or desirable to make effective any power possessed by the council.
102.17The city may purchase personal property through a conditional sales contract and real
102.18property through a contract for deed under which contracts the seller is confined to the
102.19remedy of recovery of the property in case of nonpayment of all or part of the purchase
102.20price, which shall be payable over a period of not to exceed five years. When the contract
102.21price of property to be purchased by contract for deed or conditional sales contract
102.22exceeds 0.24177 percent of the
new text begin estimated new text end market value of the city, the city may not enter
102.23into such a contract for at least ten days after publication in the official newspaper of a
102.24council resolution determining to purchase property by such a contract; and, if before the
102.25end of that time a petition asking for an election on the proposition signed by voters equal
102.26to ten percent of the number of voters at the last regular city election is filed with the clerk,
102.27the city may not enter into such a contract until the proposition has been approved by a
102.28majority of the votes cast on the question at a regular or special election.
102.29 Sec. 66. Minnesota Statutes 2012, section 412.301, is amended to read:
102.30
412.301 FINANCING PURCHASE OF CERTAIN EQUIPMENT.
102.31 (a) The council may issue certificates of indebtedness or capital notes subject to the
102.32city debt limits to purchase capital equipment.
102.33 (b) For purposes of this section, "capital equipment" means:
103.1 (1) public safety equipment, ambulance and other medical equipment, road
103.2construction and maintenance equipment, and other capital equipment; and
103.3 (2) computer hardware and software, whether bundled with machinery or equipment
103.4or unbundled.
103.5 (c) The equipment or software must have an expected useful life at least as long as
103.6the terms of the certificates or notes.
103.7 (d) Such certificates or notes shall be payable in not more than ten years and shall be
103.8issued on such terms and in such manner as the council may determine.
103.9 (e) If the amount of the certificates or notes to be issued to finance any such purchase
103.10exceeds 0.25 percent of the
new text begin estimated new text end market value of taxable property in the city, they
103.11shall not be issued for at least ten days after publication in the official newspaper of
103.12a council resolution determining to issue them; and if before the end of that time, a
103.13petition asking for an election on the proposition signed by voters equal to ten percent
103.14of the number of voters at the last regular municipal election is filed with the clerk, such
103.15certificates or notes shall not be issued until the proposition of their issuance has been
103.16approved by a majority of the votes cast on the question at a regular or special election.
103.17 (f) A tax levy shall be made for the payment of the principal and interest on such
103.18certificates or notes, in accordance with section
475.61, as in the case of bonds.
103.19 Sec. 67. Minnesota Statutes 2012, section 428A.02, subdivision 1, is amended to read:
103.20 Subdivision 1.
Ordinance. The governing body of a city may adopt an ordinance
103.21establishing a special service district. Only property that is classified under section
273.13
103.22and used for commercial, industrial, or public utility purposes, or is vacant land zoned or
103.23designated on a land use plan for commercial or industrial use and located in the special
103.24service district, may be subject to the charges imposed by the city on the special service
103.25district. Other types of property may be included within the boundaries of the special
103.26service district but are not subject to the levies or charges imposed by the city on the
103.27special service district. If 50 percent or more of the
new text begin estimated new text end market value of a parcel of
103.28property is classified under section
273.13 as commercial, industrial, or vacant land zoned
103.29or designated on a land use plan for commercial or industrial use, or public utility for the
103.30current assessment year, then the entire
new text begin taxable new text end market value of the property is subject to a
103.31service charge based on net tax capacity for purposes of sections
428A.01 to
428A.10.
103.32The ordinance shall describe with particularity the area within the city to be included in
103.33the district and the special services to be furnished in the district. The ordinance may not
103.34be adopted until after a public hearing has been held on the question. Notice of the hearing
103.35shall include the time and place of hearing, a map showing the boundaries of the proposed
104.1district, and a statement that all persons owning property in the proposed district that
104.2would be subject to a service charge will be given opportunity to be heard at the hearing.
104.3Within 30 days after adoption of the ordinance under this subdivision, the governing body
104.4shall send a copy of the ordinance to the commissioner of revenue.
104.5 Sec. 68. Minnesota Statutes 2012, section 430.102, subdivision 2, is amended to read:
104.6 Subd. 2.
Council approval; special tax levy limitation. The council shall receive
104.7and consider the estimate required in subdivision 1 and the items of cost after notice and
104.8hearing before it or its appropriate committee as it considers necessary or expedient, and
104.9shall approve the estimate, with necessary amendments. The amounts of each item of cost
104.10estimated are then appropriated to operate, maintain, and improve the pedestrian mall
104.11during the next fiscal year. The amount of the special tax to be charged under subdivision
104.121, clause (3), must not, however, exceed 0.12089 percent of
new text begin estimated new text end market value of
104.13taxable property in the district. The council shall make any necessary adjustment in costs of
104.14operating and maintaining the district to keep the amount of the tax within this limitation.
104.15 Sec. 69. Minnesota Statutes 2012, section 447.10, is amended to read:
104.16
447.10 TAX LEVY FOR OPERATING AND MAINTAINING HOSPITAL.
104.17 The governing body of a city of the first class owning a hospital may annually levy
104.18a tax to operate and maintain the hospital. The tax must not exceed 0.00806 percent of
104.19taxable
new text begin estimatednew text end market value.
104.20 Sec. 70. Minnesota Statutes 2012, section 450.19, is amended to read:
104.21
450.19 TOURIST CAMPING GROUNDS.
104.22 A home rule charter or statutory city or town may establish and maintain public
104.23tourist camping grounds. The governing body thereof may acquire by lease, purchase, or
104.24gift, suitable lands located either within or without the corporate limits for use as public
104.25tourist camping grounds and provide for the equipment, operation, and maintenance
104.26of the same. The amount that may be expended for the maintenance, improvement, or
104.27operation of tourist camping grounds shall not exceed, in any year, a sum equal to 0.00806
104.28percent of taxable
new text begin estimatednew text end market value.
104.29 Sec. 71. Minnesota Statutes 2012, section 450.25, is amended to read:
104.30
450.25 MUSEUM, GALLERY, OR SCHOOL OF ARTS OR CRAFTS; TAX
104.31
LEVY.
105.1 After the acquisition of any museum, gallery, or school of arts or crafts, the board
105.2of park commissioners of the city in which it is located shall cause to be included in the
105.3annual tax levy upon all the taxable property of the county in which the museum, gallery,
105.4or school of arts or crafts is located, a tax of 0.00846 percent of
new text begin estimated new text end market value.
105.5The board shall certify the levy to the county auditor and it shall be added to, and collected
105.6with and as part of, the general, real, and personal property taxes, with like penalties and
105.7interest, in case of nonpayment and default, and all provisions of law in respect to the
105.8levy, collection, and enforcement of other taxes shall, so far as applicable, be followed in
105.9respect of these taxes. All of these taxes, penalties, and interest, when collected, shall be
105.10paid to the city treasurer of the city in which is located the museum, gallery, or school
105.11of arts or crafts and credited to a fund to be known as the park museum fund, and shall
105.12be used only for the purposes specified in sections
450.23 to
450.25. Any part of the
105.13proceeds of the levy not expended for the purposes specified in section
450.24 may be
105.14used for the erection of new buildings for the same purposes.
105.15 Sec. 72. Minnesota Statutes 2012, section 458A.10, is amended to read:
105.16
458A.10 PROPERTY TAX.
105.17 The commission shall annually levy a tax not to exceed 0.12089 percent of
new text begin estimated new text end
105.18market value on all the taxable property in the transit area at a rate sufficient to produce
105.19an amount necessary for the purposes of sections
458A.01 to
458A.15, other than the
105.20payment of principal and interest due on any revenue bonds issued pursuant to section
105.21458A.05
. Property taxes levied under this section shall be certified by the commission to
105.22the county auditors of the transit area, extended, assessed, and collected in the manner
105.23provided by law for the property taxes levied by the governing bodies of cities. The
105.24proceeds of the taxes levied under this section shall be remitted by the respective county
105.25treasurers to the treasurer of the commission, who shall credit the same to the funds of
105.26the commission for use for the purposes of sections
458A.01 to
458A.15 subject to any
105.27applicable pledges or limitations on account of tax anticipation certificates or other
105.28specific purposes. At any time after making a tax levy under this section and certifying
105.29it to the county auditors, the commission may issue general obligation certificates of
105.30indebtedness in anticipation of the collection of the taxes as provided by section
412.261.
105.31 Sec. 73. Minnesota Statutes 2012, section 458A.31, subdivision 1, is amended to read:
105.32 Subdivision 1.
Levy limit. Notwithstanding anything to the contrary contained in
105.33the charter of the city of Duluth, any ordinance thereof, or any statute applicable thereto,
105.34limiting the amount levied in any one year for general or special purposes, the city council
106.1of the city of Duluth shall each year levy a tax in an amount not to exceed 0.07253
106.2percent of taxable
new text begin estimatednew text end market value, by ordinance. An ordinance fixing the levy
106.3shall take effect immediately upon its passage and approval. The proceeds of the levy
106.4shall be paid into the city treasury and deposited in the operating fund provided for in
106.5section
458A.24, subdivision 3.
106.6 Sec. 74. Minnesota Statutes 2012, section 465.04, is amended to read:
106.7
465.04 ACCEPTANCE OF GIFTS.
106.8 Cities of the second, third, or fourth class, having at any time a
new text begin an estimatednew text end
106.9 market value of not more than $41,000,000, exclusive of money and credits, as officially
106.10equalized by the commissioner of revenue, either under home rule charter or under the
106.11laws of this state, in addition to all other powers possessed by them, hereby are authorized
106.12and empowered to receive and accept gifts and donations for the use and benefit of
106.13such cities and the inhabitants thereof upon terms and conditions to be approved by the
106.14governing bodies of such cities; and such cities are authorized to comply with and perform
106.15such terms and conditions, which may include payment to the donor or donors of interest
106.16on the value of the gift at not exceeding five percent per annum payable annually or
106.17semiannually, during the remainder of the natural life or lives of such donor or donors.
106.18 Sec. 75. Minnesota Statutes 2012, section 469.033, subdivision 6, is amended to read:
106.19 Subd. 6.
Operation area as taxing district, special tax. All of the territory included
106.20within the area of operation of any authority shall constitute a taxing district for the
106.21purpose of levying and collecting special benefit taxes as provided in this subdivision. All
106.22of the taxable property, both real and personal, within that taxing district shall be deemed
106.23to be benefited by projects to the extent of the special taxes levied under this subdivision.
106.24Subject to the consent by resolution of the governing body of the city in and for which
106.25it was created, an authority may levy a tax upon all taxable property within that taxing
106.26district. The tax shall be extended, spread, and included with and as a part of the general
106.27taxes for state, county, and municipal purposes by the county auditor, to be collected and
106.28enforced therewith, together with the penalty, interest, and costs. As the tax, including any
106.29penalties, interest, and costs, is collected by the county treasurer it shall be accumulated
106.30and kept in a separate fund to be known as the "housing and redevelopment project fund."
106.31The money in the fund shall be turned over to the authority at the same time and in the same
106.32manner that the tax collections for the city are turned over to the city, and shall be expended
106.33only for the purposes of sections
469.001 to
469.047. It shall be paid out upon vouchers
106.34signed by the chair of the authority or an authorized representative. The amount of the
107.1levy shall be an amount approved by the governing body of the city, but shall not exceed
107.20.0185 percent of taxable
new text begin estimatednew text end market value. The authority shall each year formulate
107.3and file a budget in accordance with the budget procedure of the city in the same manner as
107.4required of executive departments of the city or, if no budgets are required to be filed, by
107.5August 1. The amount of the tax levy for the following year shall be based on that budget.
107.6 Sec. 76. Minnesota Statutes 2012, section 469.034, subdivision 2, is amended to read:
107.7 Subd. 2.
General obligation revenue bonds. (a) An authority may pledge the
107.8general obligation of the general jurisdiction governmental unit as additional security for
107.9bonds payable from income or revenues of the project or the authority. The authority
107.10must find that the pledged revenues will equal or exceed 110 percent of the principal and
107.11interest due on the bonds for each year. The proceeds of the bonds must be used for a
107.12qualified housing development project or projects. The obligations must be issued and
107.13sold in the manner and following the procedures provided by chapter 475, except the
107.14obligations are not subject to approval by the electors, and the maturities may extend to
107.15not more than 35 years for obligations sold to finance housing for the elderly and 40 years
107.16for other obligations issued under this subdivision. The authority is the municipality for
107.17purposes of chapter 475.
107.18 (b) The principal amount of the issue must be approved by the governing body of
107.19the general jurisdiction governmental unit whose general obligation is pledged. Public
107.20hearings must be held on issuance of the obligations by both the authority and the general
107.21jurisdiction governmental unit. The hearings must be held at least 15 days, but not more
107.22than 120 days, before the sale of the obligations.
107.23 (c) The maximum amount of general obligation bonds that may be issued and
107.24outstanding under this section equals the greater of (1) one-half of one percent of the
107.25taxable
new text begin estimatednew text end market value of the general jurisdiction governmental unit whose
107.26general obligation is pledged, or (2) $3,000,000. In the case of county or multicounty
107.27general obligation bonds, the outstanding general obligation bonds of all cities in the
107.28county or counties issued under this subdivision must be added in calculating the limit
107.29under clause (1).
107.30 (d) "General jurisdiction governmental unit" means the city in which the housing
107.31development project is located. In the case of a county or multicounty authority, the
107.32county or counties may act as the general jurisdiction governmental unit. In the case of
107.33a multicounty authority, the pledge of the general obligation is a pledge of a tax on the
107.34taxable property in each of the counties.
108.1 (e) "Qualified housing development project" means a housing development project
108.2providing housing either for the elderly or for individuals and families with incomes not
108.3greater than 80 percent of the median family income as estimated by the United States
108.4Department of Housing and Urban Development for the standard metropolitan statistical
108.5area or the nonmetropolitan county in which the project is located. The project must be
108.6owned for the term of the bonds either by the authority or by a limited partnership or other
108.7entity in which the authority or another entity under the sole control of the authority is
108.8the sole general partner and the partnership or other entity must receive (1) an allocation
108.9from the Department of Management and Budget or an entitlement issuer of tax-exempt
108.10bonding authority for the project and a preliminary determination by the Minnesota
108.11Housing Finance Agency or the applicable suballocator of tax credits that the project
108.12will qualify for four percent low-income housing tax credits or (2) a reservation of nine
108.13percent low-income housing tax credits from the Minnesota Housing Finance Agency or a
108.14suballocator of tax credits for the project. A qualified housing development project may
108.15admit nonelderly individuals and families with higher incomes if:
108.16 (1) three years have passed since initial occupancy;
108.17 (2) the authority finds the project is experiencing unanticipated vacancies resulting in
108.18insufficient revenues, because of changes in population or other unforeseen circumstances
108.19that occurred after the initial finding of adequate revenues; and
108.20 (3) the authority finds a tax levy or payment from general assets of the general
108.21jurisdiction governmental unit will be necessary to pay debt service on the bonds if higher
108.22income individuals or families are not admitted.
108.23 (f) The authority may issue bonds to refund bonds issued under this subdivision in
108.24accordance with section
475.67. The finding of the adequacy of pledged revenues required
108.25by paragraph (a) and the public hearing required by paragraph (b) shall not apply to the
108.26issuance of refunding bonds. This paragraph applies to refunding bonds issued on and
108.27after July 1, 1992.
108.28 Sec. 77. Minnesota Statutes 2012, section 469.053, subdivision 4, is amended to read:
108.29 Subd. 4.
Mandatory city levy. A city shall, at the request of the port authority, levy
108.30a tax in any year for the benefit of the port authority. The tax must not exceed 0.01813
108.31percent of taxable
new text begin estimatednew text end market value. The amount levied must be paid by the city
108.32treasurer to the treasurer of the port authority, to be spent by the authority.
108.33 Sec. 78. Minnesota Statutes 2012, section 469.053, subdivision 4a, is amended to read:
109.1 Subd. 4a.
Seaway port authority levy. A levy made under this subdivision shall
109.2replace the mandatory city levy under subdivision 4. A seaway port authority is a special
109.3taxing district under section
275.066 and may levy a tax in any year for the benefit of the
109.4seaway port authority. The tax must not exceed 0.01813 percent of taxable
new text begin estimatednew text end
109.5 market value. The county auditor shall distribute the proceeds of the property tax levy to
109.6the seaway port authority.
109.7 Sec. 79. Minnesota Statutes 2012, section 469.053, subdivision 6, is amended to read:
109.8 Subd. 6.
Discretionary city levy. Upon request of a port authority, the port
109.9authority's city may levy a tax to be spent by and for its port authority. The tax must
109.10enable the port authority to carry out efficiently and in the public interest sections
469.048
109.11to
469.068 to create and develop industrial development districts. The levy must not be
109.12more than 0.00282 percent of taxable
new text begin estimatednew text end market value. The county treasurer shall
109.13pay the proceeds of the tax to the port authority treasurer. The money may be spent by
109.14the authority in performance of its duties to create and develop industrial development
109.15districts. In spending the money the authority must judge what best serves the public
109.16interest. The levy in this subdivision is in addition to the levy in subdivision 4.
109.17 Sec. 80. Minnesota Statutes 2012, section 469.107, subdivision 1, is amended to read:
109.18 Subdivision 1.
City tax levy. A city may, at the request of the authority, levy a tax in
109.19any year for the benefit of the authority. The tax must be not more than 0.01813 percent of
109.20taxable
new text begin estimatednew text end market value. The amount levied must be paid by the city treasurer to
109.21the treasurer of the authority, to be spent by the authority.
109.22 Sec. 81. Minnesota Statutes 2012, section 469.180, subdivision 2, is amended to read:
109.23 Subd. 2.
Tax levies. Notwithstanding any law, the county board of any county may
109.24appropriate from the general revenue fund a sum not to exceed a county levy of 0.00080
109.25percent of taxable
new text begin estimatednew text end market value to carry out the purposes of this section.
109.26 Sec. 82. Minnesota Statutes 2012, section 469.187, is amended to read:
109.27
469.187 FIRST CLASS CITY SPENDING FOR PUBLICITY; PUBLICITY
109.28
BOARD.
109.29 Any city of the first class may expend money for city publicity purposes. The city may
109.30levy a tax, not exceeding 0.00080 percent of taxable
new text begin estimatednew text end market value. The proceeds
109.31of the levy shall be expended in the manner and for the city publicity purposes the council
110.1directs. The council may establish and provide for a publicity board or bureau to administer
110.2the fund, subject to the conditions and limitations the council prescribes by ordinance.
110.3 Sec. 83. Minnesota Statutes 2012, section 469.206, is amended to read:
110.4
469.206 HAZARDOUS PROPERTY PENALTY.
110.5 A city may assess a penalty up to one percent of the
new text begin estimatednew text end market value of
110.6real property, including any building located within the city that the city determines to
110.7be hazardous as defined in section
463.15, subdivision 3. The city shall send a written
110.8notice to the address to which the property tax statement is sent at least 90 days before it
110.9may assess the penalty. If the owner of the property has not paid the penalty or fixed the
110.10property within 90 days after receiving notice of the penalty, the penalty is considered
110.11delinquent and is increased by 25 percent each 60 days the penalty is not paid and the
110.12property remains hazardous. For the purposes of this section, a penalty that is delinquent
110.13is considered a delinquent property tax and subject to chapters 279, 280, and 281, in the
110.14same manner as delinquent property taxes.
110.15 Sec. 84. Minnesota Statutes 2012, section 471.24, is amended to read:
110.16
471.24 TOWNS, STATUTORY CITIES; JOINT MAINTENANCE OF
110.17
CEMETERY.
110.18 Where a statutory city or town owns and maintains an established cemetery or burial
110.19ground, either within or without the municipal limits, the statutory city or town may, by
110.20mutual agreement with contiguous statutory cities and towns, each having a
new text begin an estimatednew text end
110.21 market value of not less than $2,000,000, join together in the maintenance of such public
110.22cemetery or burial ground for the use of the inhabitants of each of such municipalities; and
110.23each such municipality is hereby authorized, by action of its council or governing body,
110.24to levy a tax or make an appropriation for the annual support and maintenance of such
110.25cemetery or burial ground; provided, the amount thus appropriated by each municipality
110.26shall not exceed a total of $10,000 in any one year.
110.27 Sec. 85. Minnesota Statutes 2012, section 471.571, subdivision 1, is amended to read:
110.28 Subdivision 1.
Application. This section applies to each city in which the net tax
110.29capacity of real and personal property consists in part of iron ore or lands containing
110.30taconite or semitaconite and in which the total taxable
new text begin estimatednew text end market value of real
110.31and personal property exceeds $2,500,000.
110.32 Sec. 86. Minnesota Statutes 2012, section 471.571, subdivision 2, is amended to read:
111.1 Subd. 2.
Creation of fund, tax levy. The governing body of the city may create a
111.2permanent improvement and replacement fund to be maintained by an annual tax levy.
111.3The governing body may levy a tax in excess of any charter limitation for the support of
111.4the permanent improvement and replacement fund, but not exceeding the following:
111.5 (a) in cities having a population of not more than 500 inhabitants, the lesser of $20
111.6per capita or 0.08059 percent of taxable
new text begin estimatednew text end market value;
111.7 (b) in cities having a population of more than 500 and less than 2500
new text begin 2,500new text end , the
111.8greater of $12.50 per capita or $10,000 but not exceeding 0.08059 percent of taxable
111.9
new text begin estimatednew text end market value;
111.10 (c) in cities having a population of more than 2500
new text begin 2,500 or morenew text end inhabitants,
111.11the greater of $10 per capita or $31,500 but not exceeding 0.08059 percent of taxable
111.12
new text begin estimatednew text end market value.
111.13 Sec. 87. Minnesota Statutes 2012, section 471.73, is amended to read:
111.14
471.73 ACCEPTANCE OF PROVISIONS.
111.15 In the case of any city within the class specified in
new text begin sectionnew text end
471.72 having a
new text begin an new text end
111.16
new text begin estimatednew text end market value, as defined in section
, in excess of $37,000,000; and in the
111.17case of any statutory city within such class having a
new text begin an estimatednew text end market value, as defined
111.18in section
, of less than $5,000,000; and in the case of any statutory city within such
111.19class which is governed by Laws 1933, chapter 211, or Laws 1937, chapter 356; and in
111.20the case of any statutory city within such class which is governed by Laws 1929, chapter
111.21208, and has a
new text begin an estimatednew text end market value of less than $83,000,000; and in the case of
111.22any school district within such class having a
new text begin an estimatednew text end market value, as defined in
111.23section
, of more than $54,000,000; and in the case of all towns within said class;
111.24sections
471.71 to
471.83 apply only if the governing body of the city or statutory city, the
111.25board of the school district, or the town board of the town shall have adopted a resolution
111.26determining to issue bonds under the provisions of sections
471.71 to
471.83 or to go
111.27upon a cash basis in accordance with the provisions thereof.
111.28 Sec. 88. Minnesota Statutes 2012, section 473.325, subdivision 2, is amended to read:
111.29 Subd. 2.
Chapter 475 applies; exceptions. The Metropolitan Council shall sell and
111.30issue the bonds in the manner provided in chapter 475, and shall have the same powers
111.31and duties as a municipality issuing bonds under that law, except that the approval of a
111.32majority of the electors shall not be required and the net debt limitations shall not apply.
111.33The terms of each series of bonds shall be fixed so that the amount of principal and interest
111.34on all outstanding and undischarged bonds, together with the bonds proposed to be issued,
112.1due in any year shall not exceed 0.01209 percent of
new text begin estimated new text end market value of all taxable
112.2property in the metropolitan area as last finally equalized prior to a proposed issue. The
112.3bonds shall be secured in accordance with section
475.61, subdivision 1, and any taxes
112.4required for their payment shall be levied by the council, shall not affect the amount or rate
112.5of taxes which may be levied by the council for other purposes, shall be spread against all
112.6taxable property in the metropolitan area and shall not be subject to limitation as to rate or
112.7amount. Any taxes certified by the council to the county auditors for collection shall be
112.8reduced by the amount received by the council from the commissioner of management and
112.9budget or the federal government for the purpose of paying the principal and interest on
112.10bonds to which the levy relates. The council shall certify the fact and amount of all money
112.11so received to the county auditors, and the auditors shall reduce the levies previously made
112.12for the bonds in the manner and to the extent provided in section
475.61, subdivision 3.
112.13 Sec. 89. Minnesota Statutes 2012, section 473.629, is amended to read:
112.14
473.629 VALUE OF PROPERTY FOR BOND ISSUES BY SCHOOL
112.15
DISTRICTS.
112.16 As to any lands to be detached from any school district under the provisions hereof
112.17
new text begin section 473.625new text end , notwithstanding such prospective
new text begin thenew text end detachment, the
new text begin estimated market new text end
112.18value of such
new text begin the detachednew text end lands and the net tax capacity of taxable properties now located
112.19therein or thereon shall be and
new text begin on the lands on the date of the detachmentnew text end constitute
112.20from and after the date of the enactment hereof a part of the
new text begin estimated market new text end value of
112.21properties upon the basis of which such
new text begin used to calculate the net debt limit of thenew text end school
112.22district may issue its bonds,
new text begin .new text end The value of such
new text begin thenew text end lands for such purpose to be
new text begin and other new text end
112.23
new text begin taxable properties for purposes of the school district's net debt limit arenew text end 33-1/3 percent of
112.24the
new text begin estimated new text end market value thereof as determined and certified by said
new text begin thenew text end assessor to said
112.25
new text begin thenew text end school district, and it shall be the duty of such
new text begin thenew text end assessor annually on or before the
112.26tenth day of October from and after the passage hereof, to so
new text begin of each year, shallnew text end determine
112.27and certify
new text begin that valuenew text end ; provided, however, that the value of such
new text begin thenew text end detached lands and
112.28such taxable properties shall never exceed 20 percent of the
new text begin estimated market new text end value of
112.29all properties constituting and making up the basis aforesaid
new text begin used to calculate the net new text end
112.30
new text begin debt limit of the school districtnew text end .
112.31 Sec. 90. Minnesota Statutes 2012, section 473.661, subdivision 3, is amended to read:
112.32 Subd. 3.
Levy limit. In any budget certified by the commissioners under this section,
112.33the amount included for operation and maintenance shall not exceed an amount which,
112.34when extended against the property taxable therefor under section
473.621, subdivision 5,
113.1will require a levy at a rate of 0.00806 percent of
new text begin estimated new text end market value. Taxes levied by
113.2the corporation shall not affect the amount or rate of taxes which may be levied by any other
113.3local government unit within the metropolitan area under the provisions of any charter.
113.4 Sec. 91. Minnesota Statutes 2012, section 473.667, subdivision 9, is amended to read:
113.5 Subd. 9.
Additional taxes. Nothing herein shall prevent the commission from
113.6levying a tax not to exceed 0.00121 percent of
new text begin estimated new text end market value on taxable property
113.7within its taxing jurisdiction, in addition to any levies found necessary for the debt
113.8service fund authorized by section
473.671. Nothing herein shall prevent the levy and
113.9appropriation for purposes of the commission of any other tax on property or on any
113.10income, transaction, or privilege, when and if authorized by law. All collections of any
113.11taxes so levied shall be included in the revenues appropriated for the purposes referred
113.12to in this section, unless otherwise provided in the law authorizing the levies; but no
113.13covenant as to the continuance or as to the rate and amount of any such levy shall be made
113.14with the holders of the commission's bonds unless specifically authorized by law.
113.15 Sec. 92. Minnesota Statutes 2012, section 473.671, is amended to read:
113.16
473.671 LIMIT OF TAX LEVY.
113.17 The taxes levied against the property of the metropolitan area in any one year shall
113.18not exceed 0.00806 percent of taxable
new text begin estimatednew text end market value, exclusive of taxes levied
113.19to pay the principal or interest on any bonds or indebtedness of the city issued under
113.20Laws 1943, chapter 500, and exclusive of any taxes levied to pay the share of the city for
113.21payments on bonded indebtedness of the corporation provided for in Laws 1943, chapter
113.22500. The levy of taxes authorized in Laws 1943, chapter 500, shall be in addition to the
113.23maximum rate allowed to be levied to defray the cost of government under the provisions
113.24of the charter of any city affected by Laws 1943, chapter 500.
113.25 Sec. 93. Minnesota Statutes 2012, section 473.711, subdivision 2a, is amended to read:
113.26 Subd. 2a.
Tax levy. (a) The commission may levy a tax on all taxable property in the
113.27district as defined in section
473.702 to provide funds for the purposes of sections
473.701
113.28to
473.716. The tax shall not exceed the property tax levy limitation determined in this
113.29subdivision. A participating county may agree to levy an additional tax to be used by the
113.30commission for the purposes of sections
473.701 to
473.716 but the sum of the county's and
113.31commission's taxes may not exceed the county's proportionate share of the property tax levy
113.32limitation determined under this subdivision based on the ratio of its total net tax capacity
113.33to the total net tax capacity of the entire district as adjusted by section
270.12, subdivision
114.13
. The auditor of each county in the district shall add the amount of the levy made by the
114.2district to other taxes of the county for collection by the county treasurer with other taxes.
114.3When collected, the county treasurer shall make settlement of the tax with the district in
114.4the same manner as other taxes are distributed to political subdivisions. No county shall
114.5levy any tax for mosquito, disease vectoring tick, and black gnat (Simuliidae) control
114.6except under this section. The levy shall be in addition to other taxes authorized by law.
114.7 (b) The property tax levied by the Metropolitan Mosquito Control Commission shall
114.8not exceed the product of (i) the commission's property tax levy limitation for the previous
114.9year determined under this subdivision multiplied by (ii) an index for market valuation
114.10changes equal to the total
new text begin estimated new text end market valuation
new text begin valuenew text end of all taxable property for the
114.11current tax payable year located within the district plus any area that has been added to the
114.12district since the previous year, divided by the total
new text begin estimated new text end market valuation
new text begin valuenew text end of all
114.13taxable property located within the district for the previous taxes payable year.
114.14 (c) For the purpose of determining the commission's property tax levy limitation
114.15under this subdivision, "total market valuation" means the total market valuation of all
114.16taxable property within the district without valuation adjustments for fiscal disparities
114.17(chapter 473F), tax increment financing (sections
to 469.179), and high voltage
114.18transmission lines (section 273.425).
114.19 Sec. 94. Minnesota Statutes 2012, section 473F.02, subdivision 12, is amended to read:
114.20 Subd. 12.
new text begin Adjusted new text end market value. "
new text begin Adjusted new text end market value" of real and personal
114.21property within a municipality means the assessor's estimated
new text begin taxablenew text end market value
new text begin , new text end
114.22
new text begin as defined in section 272.03,new text end of all real and personal property, including the value of
114.23manufactured housing, within the municipality
new text begin , adjusted for sales ratios in a manner new text end
114.24
new text begin similar to the adjustments made to city and town net tax capacitiesnew text end . For purposes
114.25of sections
to
, the commissioner of revenue shall annually make
114.26determinations and reports with respect to each municipality which are comparable to
114.27those it makes for school districts under section
127A.48, subdivisions 1 to 6, in the same
114.28manner and at the same times as are prescribed by the subdivisions. The commissioner
114.29of revenue shall annually determine, for each municipality, information comparable to
114.30that required by section
475.53, subdivision 4, for school districts, as soon as practicable
114.31after it becomes available. The commissioner of revenue shall then compute the equalized
114.32market value of property within each municipality using the aggregate sales ratios from
114.33the Department of Revenue's sales ratio study.
114.34 Sec. 95. Minnesota Statutes 2012, section 473F.02, subdivision 14, is amended to read:
115.1 Subd. 14.
Fiscal capacity. "Fiscal capacity" of a municipality means its valuation
115.2
new text begin adjusted market valuenew text end , determined as of January 2 of any year, divided by its population,
115.3determined as of a date in the same year.
115.4 Sec. 96. Minnesota Statutes 2012, section 473F.02, subdivision 15, is amended to read:
115.5 Subd. 15.
Average fiscal capacity. "Average fiscal capacity" of municipalities
115.6means the sum of the valuations
new text begin adjusted market valuesnew text end of all municipalities, determined
115.7as of January 2 of any year, divided by the sum of their populations, determined as of
115.8a date in the same year.
115.9 Sec. 97. Minnesota Statutes 2012, section 473F.02, subdivision 23, is amended to read:
115.10 Subd. 23.
Net tax capacity. "Net tax capacity" means the
new text begin taxable new text end market value of
115.11real and personal property multiplied by its net tax capacity rates in section
273.13.
115.12 Sec. 98. Minnesota Statutes 2012, section 473F.08, subdivision 10, is amended to read:
115.13 Subd. 10.
Adjustment of value or net tax capacity. For the purpose of computing
115.14the amount or rate of any salary, aid, tax, or debt authorized, required, or limited by any
115.15provision of any law or charter, where such authorization, requirement, or limitation
115.16is related in any manner to any value or valuation of taxable property within any
115.17governmental unit, such value or net tax capacity
new text begin fiscal capacity under section 473F.02, new text end
115.18
new text begin subdivision 14, a municipality's taxable market valuenew text end shall be adjusted to reflect the
115.19adjustments
new text begin reductionsnew text end to net tax capacity effected by subdivision 2,
new text begin clause (a),new text end provided
115.20that: (1) in determining the
new text begin taxable new text end market value of commercial-industrial property
115.21or any class thereof within a governmental unit for any purpose other than section
115.22
new text begin municipalitynew text end , (a) the reduction required by this subdivision shall be that amount
115.23which bears the same proportion to the amount subtracted from the governmental unit's
115.24
new text begin municipality'snew text end net tax capacity pursuant to subdivision 2, clause (a), as the
new text begin taxable new text end
115.25market value of commercial-industrial property, or such class thereof, located within the
115.26governmental unit
new text begin municipalitynew text end bears to the net tax capacity of commercial-industrial
115.27property, or such class thereof, located within the governmental unit, and (b) the increase
115.28required by this subdivision shall be that amount which bears the same proportion to
115.29the amount added to the governmental unit's net tax capacity pursuant to subdivision 2,
115.30clause (b), as the market value of commercial-industrial property, or such class thereof,
115.31located within the governmental unit bears to the net tax capacity of commercial-industrial
115.32property, or such class thereof, located within the governmental unit; and (2) in determining
115.33the market value of real property within a municipality for purposes of section
,
116.1the adjustment prescribed by clause (1)(a) hereof shall be made and that prescribed by
116.2clause (1)(b) hereof shall not be made
new text begin municipalitynew text end .
new text begin No adjustment shall be made to new text end
116.3
new text begin taxable market value for the increase in net tax capacity under subdivision 2, clause (b).new text end
116.4 Sec. 99. Minnesota Statutes 2012, section 475.521, subdivision 4, is amended to read:
116.5 Subd. 4.
Limitations on amount. A municipality may not issue bonds under this
116.6section if the maximum amount of principal and interest to become due in any year on
116.7all the outstanding bonds issued under this section, including the bonds to be issued,
116.8will equal or exceed 0.16 percent of the taxable
new text begin estimatednew text end market value of property
116.9in the municipality. Calculation of the limit must be made using the taxable
new text begin estimatednew text end
116.10 market value for the taxes payable year in which the obligations are issued and sold. In
116.11the case of a municipality with a population of 2,500 or more, the bonds are subject to
116.12the net debt limits under section
475.53. In the case of a shared facility in which more
116.13than one municipality participates, upon compliance by each participating municipality
116.14with the requirements of subdivision 2, the limitations in this subdivision and the net debt
116.15represented by the bonds shall be allocated to each participating municipality in proportion
116.16to its required financial contribution to the financing of the shared facility, as set forth in
116.17the joint powers agreement relating to the shared facility. This section does not limit the
116.18authority to issue bonds under any other special or general law.
116.19 Sec. 100. Minnesota Statutes 2012, section 475.53, subdivision 1, is amended to read:
116.20 Subdivision 1.
Generally. Except as otherwise provided in sections
475.51 to
116.21475.74
, no municipality, except a school district or a city of the first class, shall incur or be
116.22subject to a net debt in excess of three percent of the
new text begin estimated new text end market value of taxable
116.23property in the municipality.
116.24 Sec. 101. Minnesota Statutes 2012, section 475.53, subdivision 3, is amended to read:
116.25 Subd. 3.
Cities first class. Unless its charter permits a greater net debt a city of
116.26the first class may not incur a net debt in excess of two percent of the
new text begin estimated new text end market
116.27value of all taxable property therein. If the charter of the city permits a net debt of the city
116.28in excess of two percent of its valuation, it may not incur a net debt in excess of 3-2/3
116.29percent of the
new text begin estimated new text end market value of the taxable property therein.
116.30 The county auditor, at the time of preparing the tax list of the city, shall compile a
116.31statement setting forth the total net tax capacity and the total
new text begin estimated new text end market value of
116.32each class of taxable property in such city for such year.
117.1 Sec. 102. Minnesota Statutes 2012, section 475.53, subdivision 4, is amended to read:
117.2 Subd. 4.
School districts. Except as otherwise provided by law, no school district
117.3shall be subject to a net debt in excess of 15 percent of the actual
new text begin estimatednew text end market value of
117.4all taxable property situated within its corporate limits, as computed in accordance with this
117.5subdivision. The county auditor of each county containing taxable real or personal property
117.6situated within any school district shall certify to the district upon request the
new text begin estimated new text end
117.7market value of all such property. Whenever the commissioner of revenue, in accordance
117.8with section
127A.48, subdivisions 1 to 6, has determined that the net tax capacity of any
117.9district furnished by county auditors is not based upon the
new text begin adjustednew text end market value of taxable
117.10property in the district
new text begin exceeds the estimated market value of property within the districtnew text end ,
117.11the commissioner of revenue shall certify to the district upon request the ratio most recently
117.12ascertained to exist between such
new text begin the estimated marketnew text end value and the actual
new text begin adjustednew text end
117.13 market value of property within the district.
new text begin , andnew text end the actual market value of property
117.14within a district, on which its debt limit under this subdivision is
new text begin will benew text end based, is (a) the
117.15value certified by the county auditors, or (b) this
new text begin on the estimated marketnew text end value divided by
117.16the ratio certified by the commissioner of revenue, whichever results in a higher value.
117.17 Sec. 103. Minnesota Statutes 2012, section 475.58, subdivision 2, is amended to read:
117.18 Subd. 2.
Funding, refunding. Any county, city, town, or school district whose
117.19outstanding gross debt, including all items referred to in section
475.51, subdivision
117.204
, exceed in amount 1.62 percent of its
new text begin estimated new text end market value may issue bonds under
117.21this subdivision for the purpose of funding or refunding such indebtedness or any part
117.22thereof. A list of the items of indebtedness to be funded or refunded shall be made by the
117.23recording officer and treasurer and filed in the office of the recording officer. The initial
117.24resolution of the governing body shall refer to this subdivision as authority for the issue,
117.25state the amount of bonds to be issued and refer to the list of indebtedness to be funded or
117.26refunded. This resolution shall be published once each week for two successive weeks
117.27in a legal newspaper published in the municipality or if there be no such newspaper, in
117.28a legal newspaper published in the county seat. Such bonds may be issued without the
117.29submission of the question of their issue to the electors unless within ten days after the
117.30second publication of the resolution a petition requesting such election signed by ten or
117.31more voters who are taxpayers of the municipality, shall be filed with the recording officer.
117.32In event such petition is filed, no bonds shall be issued hereunder unless authorized by a
117.33majority of the electors voting on the question.
117.34 Sec. 104. Minnesota Statutes 2012, section 475.73, subdivision 1, is amended to read:
118.1 Subdivision 1.
May purchase these bonds; conditions. Obligations sold under the
118.2provisions of section
475.60 may be purchased by the State Board of Investment if the
118.3obligations meet the requirements of section
11A.24, subdivision 2, upon the approval of
118.4the attorney general as to form and execution of the application therefor, and under rules
118.5as the board may specify, and the state board shall have authority to purchase the same
118.6to an amount not exceeding
3.63 percent of the
new text begin estimated new text end market value of the taxable
118.7property of the municipality, according to the last preceding assessment. The obligations
118.8shall not run for a shorter period than one year, nor for a longer period than 30 years and
118.9shall bear interest at a rate to be fixed by the state board but not less than two percent per
118.10annum. Forthwith upon the delivery to the state of Minnesota of any obligations issued by
118.11virtue thereof, the commissioner of management and budget shall certify to the respective
118.12auditors of the various counties wherein are situated the municipalities issuing the same,
118.13the number, denomination, amount, rate of interest and date of maturity of each obligation.
118.14 Sec. 105. Minnesota Statutes 2012, section 477A.011, subdivision 20, is amended to
118.15read:
118.16 Subd. 20.
City net tax capacity. "City net tax capacity" means (1) the net tax
118.17capacity computed using the net tax capacity rates in section
for taxes payable
118.18in the year of the aid distribution, and the market values, after the exclusion in section
118.19
273.13, subdivision 35, for taxes payable in the year prior to the aid distribution plus (2)
118.20a city's fiscal disparities distribution tax capacity under section
276A.06, subdivision 2,
118.21paragraph (b), or
473F.08, subdivision 2, paragraph (b), for taxes payable in the year prior
118.22to that for which aids are being calculated. The market value utilized in computing city
118.23net tax capacity shall be reduced by the sum of (1) a city's market value of commercial
118.24industrial property as defined in section
276A.01, subdivision 3, or
473F.02, subdivision 3,
118.25multiplied by the ratio determined pursuant to section
276A.06, subdivision 2, paragraph
118.26(a), or
473F.08, subdivision 2, paragraph (a), (2) the market value of the captured value
118.27of tax increment financing districts as defined in section
469.177, subdivision 2, and (3)
118.28the market value of transmission lines deducted from a city's total net tax capacity under
118.29section
. The city net tax capacity will be computed using equalized market values
118.30
new text begin the city's adjusted net tax capacity under section 273.1325new text end .
118.31
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
118.32 Sec. 106. Minnesota Statutes 2012, section 477A.011, subdivision 32, is amended to
118.33read:
119.1 Subd. 32.
Commercial industrial percentage. "Commercial industrial percentage"
119.2for a city is 100 times the sum of the estimated market values of all real property in the
119.3city classified as class 3 under section
273.13, subdivision 24, excluding public utility
119.4property, to the total
new text begin estimated new text end market value of all taxable real and personal property in
119.5the city. The
new text begin estimated new text end market values are the amounts computed before any adjustments
119.6for fiscal disparities under section
276A.06 or
473F.08. The
new text begin estimated new text end market values
119.7used for this subdivision are not equalized.
119.8
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for aids payable in 2014 and thereafter.new text end
119.9 Sec. 107. Minnesota Statutes 2012, section 477A.0124, subdivision 2, is amended to
119.10read:
119.11 Subd. 2.
Definitions. (a) For the purposes of this section, the following terms
119.12have the meanings given them.
119.13 (b) "County program aid" means the sum of "county need aid," "county tax base
119.14equalization aid," and "county transition aid."
119.15 (c) "Age-adjusted population" means a county's population multiplied by the county
119.16age index.
119.17 (d) "County age index" means the percentage of the population over age 65 within
119.18the county divided by the percentage of the population over age 65 within the state, except
119.19that the age index for any county may not be greater than 1.8 nor less than 0.8.
119.20 (e) "Population over age 65" means the population over age 65 established as of
119.21July 15 in an aid calculation year by the most recent federal census, by a special census
119.22conducted under contract with the United States Bureau of the Census, by a population
119.23estimate made by the Metropolitan Council, or by a population estimate of the state
119.24demographer made pursuant to section
4A.02, whichever is the most recent as to the stated
119.25date of the count or estimate for the preceding calendar year and which has been certified
119.26to the commissioner of revenue on or before July 15 of the aid calculation year. A revision
119.27to an estimate or count is effective for these purposes only if certified to the commissioner
119.28on or before July 15 of the aid calculation year. Clerical errors in the certification or use of
119.29estimates and counts established as of July 15 in the aid calculation year are subject to
119.30correction within the time periods allowed under section
477A.014.
119.31 (f) "Part I crimes" means the three-year average annual number of Part I crimes
119.32reported for each county by the Department of Public Safety for the most recent years
119.33available. By July 1 of each year, the commissioner of public safety shall certify to the
119.34commissioner of revenue the number of Part I crimes reported for each county for the
119.35three most recent calendar years available.
120.1 (g) "Households receiving food stamps" means the average monthly number of
120.2households receiving food stamps for the three most recent years for which data is
120.3available. By July 1 of each year, the commissioner of human services must certify to the
120.4commissioner of revenue the average monthly number of households in the state and in
120.5each county that receive food stamps, for the three most recent calendar years available.
120.6 (h) "County net tax capacity" means the net tax capacity of the county, computed
120.7analogously to city net tax capacity under section
477A.011, subdivision 20new text begin county's new text end
120.8
new text begin adjusted net tax capacity under section 273.1325new text end .
120.9
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
120.10 Sec. 108. Minnesota Statutes 2012, section 641.23, is amended to read:
120.11
641.23 FUNDS; HOW PROVIDED.
120.12 Before any contract is made for the erection of a county jail, sheriff's residence, or
120.13both, the county board shall either levy a sufficient tax to provide the necessary funds, or
120.14issue county bonds therefor in accordance with the provisions of chapter 475, provided
120.15that no election is required if the amount of all bonds issued for this purpose and interest
120.16on them which are due and payable in any year does not exceed an amount equal to
120.170.09671 percent of
new text begin estimated new text end market value of taxable property within the county, as last
120.18determined before the bonds are issued.
120.19 Sec. 109. Minnesota Statutes 2012, section 641.24, is amended to read:
120.20
641.24 LEASING.
120.21 The county may, by resolution of the county board, enter into a lease agreement with
120.22any statutory or home rule charter city situated within the county, or a county housing and
120.23redevelopment authority established pursuant to chapter 469 or any special law whereby
120.24the city or county housing and redevelopment authority will construct a jail or other law
120.25enforcement facilities for the county sheriff, deputy sheriffs, and other employees of the
120.26sheriff and other law enforcement agencies, in accordance with plans prepared by or at
120.27the request of the county board and, when required, approved by the commissioner of
120.28corrections and will finance it by the issuance of revenue bonds, and the county may lease
120.29the site and improvements for a term and upon rentals sufficient to produce revenue for the
120.30prompt payment of the bonds and all interest accruing thereon and, upon completion of
120.31payment, will acquire title thereto. The real and personal property acquired for the jail
120.32shall constitute a project and the lease agreement shall constitute a revenue agreement
120.33as contemplated in chapter 469, and all proceedings shall be taken by the city or county
121.1housing and redevelopment authority and the county in the manner and with the force and
121.2effect provided in chapter 469; provided that:
121.3 (1) no tax shall be imposed upon or in lieu of a tax upon the property;
121.4 (2) the approval of the project by the commissioner of commerce shall not be required;
121.5 (3) the Department of Corrections shall be furnished and shall record such
121.6information concerning each project as it may prescribe;
121.7 (4) the rentals required to be paid under the lease agreement shall not exceed in any
121.8year one-tenth of one percent of the
new text begin estimated new text end market value of property within the county,
121.9as last finally equalized before the execution of the agreement;
121.10 (5) the county board shall provide for the payment of all rentals due during the term
121.11of the lease, in the manner required in section
641.264, subdivision 2;
121.12 (6) no mortgage on the property shall be granted for the security of the bonds, but
121.13compliance with clause (5) hereof may be enforced as a nondiscretionary duty of the
121.14county board; and
121.15 (7) the county board may sublease any part of the jail property for purposes consistent
121.16with the maintenance and operation of a county jail or other law enforcement facility.
121.17 Sec. 110. Minnesota Statutes 2012, section 645.44, is amended by adding a subdivision
121.18to read:
121.19
new text begin Subd. 20.new text end new text begin Estimated market value.new text end new text begin When used in determining or calculating a new text end
121.20
new text begin limit on taxation, spending, state aid amounts, or debt, bond, certificate of indebtedness, or new text end
121.21
new text begin capital note issuance by or for a local government unit, "estimated market value" has the new text end
121.22
new text begin meaning given in section 273.032.new text end
121.23 Sec. 111.
new text begin REVISOR'S INSTRUCTION.new text end
121.24
new text begin The revisor of statutes shall recodify Minnesota Statutes, section 127.48, new text end
121.25
new text begin subdivisions 1 to 6, as section 273.1325, subdivisions 1 to 6, and change all new text end
121.26
new text begin cross-references to the affected subdivisions accordingly.new text end
121.27
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
121.28 Sec. 112.
new text begin REPEALER.new text end
121.29
new text begin Minnesota Statutes 2012, sections 273.11, subdivision 1a; 276A.01, subdivision 11; new text end
121.30
new text begin 473F.02, subdivision 13; and 477A.011, subdivision 21,new text end new text begin are repealed.new text end
121.31 Sec. 113.
new text begin EFFECTIVE DATE.new text end
122.1
new text begin Unless otherwise specifically provided, this article is effective the day following new text end
122.2
new text begin final enactment for purposes of limits on net debt, the issuance of bonds, certificates of new text end
122.3
new text begin indebtedness, and capital notes and is effective beginning for taxes payable in 2014 for new text end
122.4
new text begin all other purposes.new text end
122.5
ARTICLE 8
122.6
DEPARTMENT OF REVENUE PROPERTY AND MINERALS PROVISIONS
122.7 Section 1. Minnesota Statutes 2012, section 123A.455, subdivision 1, is amended to
122.8read:
122.9 Subdivision 1.
Definitions. "Split residential property parcel" means a parcel of
122.10real estate that is located within the boundaries of more than one school district and that
122.11is classified as residential property under:
122.12 (1) section
273.13, subdivision 22, paragraph (a) or (b);
122.13 (2) section
273.13, subdivision 25, paragraph (b), clause (1); or
122.14 (3) section
273.13, subdivision 25, paragraph (c), clause (1).
122.15
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for taxes payable in 2014 and new text end
122.16
new text begin thereafter.new text end
122.17 Sec. 2. Minnesota Statutes 2012, section 270.077, is amended to read:
122.18
270.077 TAXES CREDITED TO STATE AIRPORTS FUND.
122.19 All taxes levied under sections
270.071 to
270.079 must be
new text begin collected by the new text end
122.20
new text begin commissioner andnew text end credited to the state airports fund created in section
360.017.
122.21
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
122.22 Sec. 3. Minnesota Statutes 2012, section 270.41, subdivision 5, is amended to read:
122.23 Subd. 5.
Prohibited activity. A licensed assessor or other person employed by an
122.24assessment jurisdiction or contracting with an assessment jurisdiction for the purpose
122.25of valuing or classifying property for property tax purposes is prohibited from making
122.26appraisals or analyses, accepting an appraisal assignment, or preparing an appraisal report
122.27as defined in section
82B.021, subdivisions 2, 4, 6, and 7, on any property within the
122.28assessment jurisdiction where the individual is employed or performing the duties of the
122.29assessor under contract. Violation of this prohibition shall result in immediate revocation
122.30of the individual's license to assess property for property tax purposes. This prohibition
122.31must not be construed to prohibit an individual from carrying out any duties required
123.1for the proper assessment of property for property tax purposes or performing duties
123.2enumerated in section
273.061, subdivision 7 or 8. If a formal resolution has been adopted
123.3by the governing body of a governmental unit, which specifies the purposes for which
123.4such work will be done, this prohibition does not apply to appraisal activities undertaken
123.5on behalf of and at the request of the governmental unit that has employed or contracted
123.6with the individual. The resolution may only allow appraisal activities which are related to
123.7condemnations, right-of-way acquisitions,
new text begin land exchanges,new text end or special assessments.
123.8
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
123.9 Sec. 4. Minnesota Statutes 2012, section 270C.34, subdivision 1, is amended to read:
123.10 Subdivision 1.
Authority. (a) The commissioner may abate, reduce, or refund any
123.11penalty or interest that is imposed by a law administered by the commissioner, or imposed
123.12by section
270.0725, subdivision 1 or 2,
new text begin or 270.075, subdivision 2, new text end as a result of the late
123.13payment of tax or late filing of a return, or any part of an additional tax charge under
123.14section
289A.25, subdivision 2, or
289A.26, subdivision 4, if the failure to timely pay the
123.15tax or failure to timely file the return is due to reasonable cause, or if the taxpayer is located
123.16in a presidentially declared disaster or in a presidentially declared state of emergency area
123.17or in an area declared to be in a state of emergency by the governor under section
12.31.
123.18 (b) The commissioner shall abate any part of a penalty or additional tax charge
123.19under section
289A.25, subdivision 2, or
289A.26, subdivision 4, attributable to erroneous
123.20advice given to the taxpayer in writing by an employee of the department acting in
123.21an official capacity, if the advice:
123.22 (1) was reasonably relied on and was in response to a specific written request of the
123.23taxpayer; and
123.24 (2) was not the result of failure by the taxpayer to provide adequate or accurate
123.25information.
123.26
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
123.27 Sec. 5. Minnesota Statutes 2012, section 272.01, subdivision 2, is amended to read:
123.28 Subd. 2.
Exempt property used by private entity for profit. (a) When any real or
123.29personal property which is exempt from ad valorem taxes, and taxes in lieu thereof, is
123.30leased, loaned, or otherwise made available and used by a private individual, association,
123.31or corporation in connection with a business conducted for profit, there shall be imposed a
123.32tax, for the privilege of so using or possessing such real or personal property, in the same
123.33amount and to the same extent as though the lessee or user was the owner of such property.
124.1 (b) The tax imposed by this subdivision shall not apply to:
124.2 (1) property leased or used as a concession in or relative to the use in whole
124.3or part of a public park, market, fairgrounds, port authority, economic development
124.4authority established under chapter 469, municipal auditorium, municipal parking facility,
124.5municipal museum, or municipal stadium;
124.6 (2) property of an airport owned by a city, town, county, or group thereof which is:
124.7 (i) leased to or used by any person or entity including a fixed base operator; and
124.8 (ii) used as a hangar for the storage or repair of aircraft or to provide aviation goods,
124.9services, or facilities to the airport or general public;
124.10the exception from taxation provided in this clause does not apply to:
124.11 (i) property located at an airport owned or operated by the Metropolitan Airports
124.12Commission or by a city of over 50,000 population according to the most recent federal
124.13census or such a city's airport authority; or
124.14 (ii) hangars leased by a private individual, association, or corporation in connection
124.15with a business conducted for profit other than an aviation-related business;
124.16 (3) property constituting or used as a public pedestrian ramp or concourse in
124.17connection with a public airport;
124.18 (4) property constituting or used as a passenger check-in area or ticket sale counter,
124.19boarding area, or luggage claim area in connection with a public airport but not the
124.20airports owned or operated by the Metropolitan Airports Commission or cities of over
124.2150,000 population or an airport authority therein. Real estate owned by a municipality
124.22in connection with the operation of a public airport and leased or used for agricultural
124.23purposes is not exempt;
124.24 (5) property leased, loaned, or otherwise made available to a private individual,
124.25corporation, or association under a cooperative farming agreement made pursuant to
124.26section
97A.135; or
124.27 (6) property leased, loaned, or otherwise made available to a private individual,
124.28corporation, or association under section
272.68, subdivision 4.
124.29 (c) Taxes imposed by this subdivision are payable as in the case of personal property
124.30taxes and shall be assessed to the lessees or users of real or personal property in the same
124.31manner as taxes assessed to owners of real or personal property, except that such taxes
124.32shall not become a lien against the property. When due, the taxes shall constitute a debt due
124.33from the lessee or user to the state, township, city, county, and school district for which the
124.34taxes were assessed and shall be collected in the same manner as personal property taxes.
124.35If property subject to the tax imposed by this subdivision is leased or used jointly by two or
124.36more persons, each lessee or user shall be jointly and severally liable for payment of the tax.
125.1 (d) The tax on real property of the
new text begin federal government, thenew text end state or any of its political
125.2subdivisions that is leased by
new text begin , loaned, or otherwise made available tonew text end a private individual,
125.3association, or corporation and becomes taxable under this subdivision or other provision
125.4of law must be assessed and collected as a personal property assessment. The taxes do
125.5not become a lien against the real property.
125.6
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
125.7 Sec. 6. Minnesota Statutes 2012, section 272.02, subdivision 97, is amended to read:
125.8 Subd. 97.
Property used in business of mining subject to net proceeds tax. The
125.9following property used in the business of mining that is subject to the net proceeds tax
125.10under section
298.015 is exempt:
125.11 (1) deposits of ores, metals, and minerals and the lands in which they are contained;
125.12 (2) all real and personal property used in mining, quarrying, producing, or refining
125.13ores, minerals, or metals, including lands occupied by or used in connection with the
125.14mining, quarrying, production, or ore refining facilities; and
125.15 (3) concentrate or direct reduced ore.
125.16 This exemption applies for each year that a person subject to tax under section
125.17298.015
uses the property for mining, quarrying, producing, or refining ores, metals, or
125.18minerals.
125.19
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
125.20 Sec. 7. Minnesota Statutes 2012, section 272.03, subdivision 9, is amended to read:
125.21 Subd. 9.
Person. "Person" includes
new text begin means an individual, association, estate, trust, new text end
125.22
new text begin partnership,new text end firm, company, or corporation.
125.23
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
125.24 Sec. 8. Minnesota Statutes 2012, section 273.032, is amended to read:
125.25
273.032 MARKET VALUE DEFINITION.
125.26 For the purpose of determining any property tax levy limitation based on market
125.27value, any qualification to receive state aid based on market value, or any state aid amount
125.28based on market value, the terms "market value," "taxable market value," and "market
125.29valuation," whether equalized or unequalized, mean the total taxable market value of
125.30property within the local unit of government before any adjustments for tax increment,
125.31fiscal disparity, powerline credit, or wind energy values, but after the limited market
126.1adjustments under section
273.11, subdivision 1a, and after the market value exclusions of
126.2certain improvements to homestead property under section
273.11, subdivision 16. Unless
126.3otherwise provided, "market value," "taxable market value," and "market valuation" for
126.4purposes of this paragraph, refer to the taxable market value for the previous assessment
126.5year.
126.6 For the purpose of determining any net debt limit based on market value, or any limit
126.7on the issuance of bonds, certificates of indebtedness, or capital notes based on market
126.8value, the terms "market value," "taxable market value," and "market valuation," whether
126.9equalized or unequalized, mean the total taxable market value of property within the local
126.10unit of government before any adjustments for tax increment, fiscal disparity, powerline
126.11credit, or wind energy values, but after the limited market value adjustments under section
126.12, subdivision 1a, and after the market value exclusions of certain improvements to
126.13homestead property under section
273.11, subdivision 16. Unless otherwise provided,
126.14"market value," "taxable market value," and "market valuation" for purposes of this
126.15paragraph, mean the taxable market value as last finally equalized.
126.16
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
126.17 Sec. 9. Minnesota Statutes 2012, section 273.114, subdivision 6, is amended to read:
126.18 Subd. 6.
Additional taxes. new text begin (a) new text end When real property which is being, or has been
126.19valued and assessed under this section
new text begin is sold, transferred, or new text end no longer qualifies under
126.20subdivision 2, the portion
new text begin sold, transferred, ornew text end no longer qualifying shall be subject to
126.21additional taxes in the amount equal to the difference between the taxes determined in
126.22accordance with subdivision 3 and the amount determined under subdivision 4, provided
126.23that the amount determined under subdivision 4 shall not be greater than it would have
126.24been had the actual bona fide sale price of the real property at an arm's-length transaction
126.25been used in lieu of the market value determined under subdivision 4. The additional taxes
126.26shall be extended against the property on the tax list for
new text begin taxes payable innew text end the current year,
126.27provided that no interest or penalties shall be levied on the additional taxes if timely paid
126.28and
new text begin providednew text end that the additional taxes shall only be levied with respect to the current year
126.29plus two prior years that the property has been valued and assessed under this section.
126.30
new text begin (b) In the case of a sale or transfer, the additional taxes under paragraph (a) shall not new text end
126.31
new text begin be extended against the property if the new owner submits a successful application under new text end
126.32
new text begin this section by the later of May 1 of the current year or 30 days after the sale or transfer.new text end
126.33
new text begin (c) For the purposes of this section, the following events do not constitute a sale or new text end
126.34
new text begin transfer for property that qualified under subdivision 2 prior to the event:new text end
127.1
new text begin (1) death of a property owner when the surviving owners retain ownership of the new text end
127.2
new text begin property;new text end
127.3
new text begin (2) divorce of a married couple when one of the spouses retains ownership of the new text end
127.4
new text begin property;new text end
127.5
new text begin (3) marriage of a single property owner when that owner retains ownership of the new text end
127.6
new text begin property in whole or in part;new text end
127.7
new text begin (4) the organization or reorganization of a farm ownership entity that is not prohibited new text end
127.8
new text begin from owning agricultural land in this state under section 500.24, if all owners maintain the new text end
127.9
new text begin same beneficial interest both before and after the organization or reorganization; andnew text end
127.10
new text begin (5) transfer of the property to a trust or trustee, provided that the individual owners new text end
127.11
new text begin of the property are the grantors of the trust and they maintain the same beneficial interest new text end
127.12
new text begin both before and after placement of the property in trust.new text end
127.13
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
127.14 Sec. 10. Minnesota Statutes 2012, section 273.13, subdivision 23, is amended to read:
127.15 Subd. 23.
Class 2. (a) An agricultural homestead consists of class 2a agricultural
127.16land that is homesteaded, along with any class 2b rural vacant land that is contiguous to
127.17the class 2a land under the same ownership. The market value of the house and garage
127.18and immediately surrounding one acre of land has the same class rates as class 1a or 1b
127.19property under subdivision 22. The value of the remaining land including improvements
127.20up to the first tier valuation limit of agricultural homestead property has a net class rate
127.21of 0.5 percent of market value. The remaining property over the first tier has a class rate
127.22of one percent of market value. For purposes of this subdivision, the "first tier valuation
127.23limit of agricultural homestead property" and "first tier" means the limit certified under
127.24section
273.11, subdivision 23.
127.25 (b) Class 2a agricultural land consists of parcels of property, or portions thereof, that
127.26are agricultural land and buildings. Class 2a property has a net class rate of one percent of
127.27market value, unless it is part of an agricultural homestead under paragraph (a). Class 2a
127.28property must also include any property that would otherwise be classified as 2b, but is
127.29interspersed with class 2a property, including but not limited to sloughs, wooded wind
127.30shelters, acreage abutting ditches, ravines, rock piles, land subject to a setback requirement,
127.31and other similar land that is impractical for the assessor to value separately from the rest of
127.32the property or that is unlikely to be able to be sold separately from the rest of the property.
127.33 An assessor may classify the part of a parcel described in this subdivision that is used
127.34for agricultural purposes as class 2a and the remainder in the class appropriate to its use.
128.1 (c) Class 2b rural vacant land consists of parcels of property, or portions thereof,
128.2that are unplatted real estate, rural in character and not used for agricultural purposes,
128.3including land used for growing trees for timber, lumber, and wood and wood products,
128.4that is not improved with a structure. The presence of a minor, ancillary nonresidential
128.5structure as defined by the commissioner of revenue does not disqualify the property from
128.6classification under this paragraph. Any parcel of 20 acres or more improved with a
128.7structure that is not a minor, ancillary nonresidential structure must be split-classified, and
128.8ten acres must be assigned to the split parcel containing the structure. Class 2b property
128.9has a net class rate of one percent of market value unless it is part of an agricultural
128.10homestead under paragraph (a), or qualifies as class 2c under paragraph (d).
128.11 (d) Class 2c managed forest land consists of no less than 20 and no more than 1,920
128.12acres statewide per taxpayer that is being managed under a forest management plan that
128.13meets the requirements of chapter 290C, but is not enrolled in the sustainable forest
128.14resource management incentive program. It has a class rate of .65 percent, provided that
128.15the owner of the property must apply to the assessor in order for the property to initially
128.16qualify for the reduced rate and provide the information required by the assessor to verify
128.17that the property qualifies for the reduced rate. If the assessor receives the application
128.18and information before May 1 in an assessment year, the property qualifies beginning
128.19with that assessment year. If the assessor receives the application and information after
128.20April 30 in an assessment year, the property may not qualify until the next assessment
128.21year. The commissioner of natural resources must concur that the land is qualified. The
128.22commissioner of natural resources shall annually provide county assessors verification
128.23information on a timely basis. The presence of a minor, ancillary nonresidential structure
128.24as defined by the commissioner of revenue does not disqualify the property from
128.25classification under this paragraph.
128.26 (e) Agricultural land as used in this section means
new text begin :new text end
128.27
new text begin (1)new text end contiguous acreage of ten acres or more, used during the preceding year for
128.28agricultural purposes.
new text begin ; ornew text end
128.29
new text begin (2) contiguous acreage used during the preceding year for an intensive livestock or new text end
128.30
new text begin poultry confinement operation, provided that land used only for pasturing or grazing new text end
128.31
new text begin does not qualify under this clause.new text end
128.32 "Agricultural purposes" as used in this section means the raising, cultivation, drying,
128.33or storage of agricultural products for sale, or the storage of machinery or equipment
128.34used in support of agricultural production by the same farm entity. For a property to be
128.35classified as agricultural based only on the drying or storage of agricultural products,
128.36the products being dried or stored must have been produced by the same farm entity as
129.1the entity operating the drying or storage facility. "Agricultural purposes" also includes
129.2enrollment in the Reinvest in Minnesota program under sections
103F.501 to
103F.535 or
129.3the federal Conservation Reserve Program as contained in Public Law 99-198 or a similar
129.4state or federal conservation program if the property was classified as agricultural (i)
129.5under this subdivision for the assessment year 2002
new text begin taxes payable in 2003 because of its new text end
129.6
new text begin enrollment in a qualifying program and the land remains enrollednew text end or (ii) in the year prior
129.7to its enrollment. Agricultural classification shall not be based upon the market value of
129.8any residential structures on the parcel or contiguous parcels under the same ownership.
129.9
new text begin "Contiguous acreage," for purposes of this paragraph, means all of, or a contiguous new text end
129.10
new text begin portion of, a tax parcel as described in section 272.193, or all of, or a contiguous portion new text end
129.11
new text begin of, a set of contiguous tax parcels under that section that are owned by the same person.new text end
129.12 (f) Real estate of
new text begin Agricultural land under this section also includes:new text end
129.13
new text begin (1) contiguous acreage that isnew text end less than ten acres, which is
new text begin in size andnew text end exclusively or
129.14intensively used
new text begin in the preceding yearnew text end for raising or cultivating agricultural products, shall
129.15be considered as agricultural land. To qualify under this paragraph, property that includes
129.16a residential structure must be used intensively for one of the following purposes:
new text begin ; ornew text end
129.17
new text begin (2) contiguous acreage that contains a residence and is less than 11 acres in size, if new text end
129.18
new text begin the contiguous acreage exclusive of the house, garage, and surrounding one acre of land new text end
129.19
new text begin was used in the preceding year for one or more of the following three uses:new text end
129.20 (i) for
new text begin an intensive grainnew text end drying or storage of grain
new text begin operation,new text end or
new text begin for intensive new text end
129.21
new text begin machinery or equipmentnew text end storage of machinery or equipment
new text begin activitiesnew text end used to support
129.22agricultural activities on other parcels of property operated by the same farming entity;
129.23 (ii) as a nursery, provided that only those acres used
new text begin intensivelynew text end to produce nursery
129.24stock are considered agricultural land;
new text begin ornew text end
129.25 (iii) for livestock or poultry confinement, provided that land that is used only for
129.26pasturing and grazing does not qualify; or
129.27 (iv)
new text begin (iii)new text end for
new text begin intensivenew text end market farming; for purposes of this paragraph, "market
129.28farming" means the cultivation of one or more fruits or vegetables or production of animal
129.29or other agricultural products for sale to local markets by the farmer or an organization
129.30with which the farmer is affiliated.
129.31
new text begin "Contiguous acreage," for purposes of this paragraph, means all of a tax parcel as new text end
129.32
new text begin described in section 272.193, or all of a set of contiguous tax parcels under that section new text end
129.33
new text begin that are owned by the same person.new text end
129.34 (g) Land shall be classified as agricultural even if all or a portion of the agricultural
129.35use of that property is the leasing to, or use by another person for agricultural purposes.
130.1 Classification under this subdivision is not determinative for qualifying under
130.2section
273.111.
130.3 (h) The property classification under this section supersedes, for property tax
130.4purposes only, any locally administered agricultural policies or land use restrictions that
130.5define minimum or maximum farm acreage.
130.6 (i) The term "agricultural products" as used in this subdivision includes production
130.7for sale of:
130.8 (1) livestock, dairy animals, dairy products, poultry and poultry products, fur-bearing
130.9animals, horticultural and nursery stock, fruit of all kinds, vegetables, forage, grains,
130.10bees, and apiary products by the owner;
130.11 (2) fish bred for sale and consumption if the fish breeding occurs on land zoned
130.12for agricultural use;
130.13 (3) the commercial boarding of horses, which may include related horse training and
130.14riding instruction, if the boarding is done on property that is also used for raising pasture
130.15to graze horses or raising or cultivating other agricultural products as defined in clause (1);
130.16 (4) property which is owned and operated by nonprofit organizations used for
130.17equestrian activities, excluding racing;
130.18 (5) game birds and waterfowl bred and raised (i) on a game farm licensed under
130.19section
97A.105, provided that the annual licensing report to the Department of Natural
130.20Resources, which must be submitted annually by March 30 to the assessor, indicates
130.21that at least 500 birds were raised or used for breeding stock on the property during the
130.22preceding year and that the owner provides a copy of the owner's most recent schedule F;
130.23or (ii) for use on a shooting preserve licensed under section
97A.115;
130.24 (6) insects primarily bred to be used as food for animals;
130.25 (7) trees, grown for sale as a crop, including short rotation woody crops, and not
130.26sold for timber, lumber, wood, or wood products; and
130.27 (8) maple syrup taken from trees grown by a person licensed by the Minnesota
130.28Department of Agriculture under chapter 28A as a food processor.
130.29 (j) If a parcel used for agricultural purposes is also used for commercial or industrial
130.30purposes, including but not limited to:
130.31 (1) wholesale and retail sales;
130.32 (2) processing of raw agricultural products or other goods;
130.33 (3) warehousing or storage of processed goods; and
130.34 (4) office facilities for the support of the activities enumerated in clauses (1), (2),
130.35and (3),
131.1the assessor shall classify the part of the parcel used for agricultural purposes as class
131.21b, 2a, or 2b, whichever is appropriate, and the remainder in the class appropriate to its
131.3use. The grading, sorting, and packaging of raw agricultural products for first sale is
131.4considered an agricultural purpose. A greenhouse or other building where horticultural
131.5or nursery products are grown that is also used for the conduct of retail sales must be
131.6classified as agricultural if it is primarily used for the growing of horticultural or nursery
131.7products from seed, cuttings, or roots and occasionally as a showroom for the retail sale of
131.8those products. Use of a greenhouse or building only for the display of already grown
131.9horticultural or nursery products does not qualify as an agricultural purpose.
131.10 (k) The assessor shall determine and list separately on the records the market value
131.11of the homestead dwelling and the one acre of land on which that dwelling is located. If
131.12any farm buildings or structures are located on this homesteaded acre of land, their market
131.13value shall not be included in this separate determination.
131.14 (l) Class 2d airport landing area consists of a landing area or public access area of
131.15a privately owned public use airport. It has a class rate of one percent of market value.
131.16To qualify for classification under this paragraph, a privately owned public use airport
131.17must be licensed as a public airport under section
360.018. For purposes of this paragraph,
131.18"landing area" means that part of a privately owned public use airport properly cleared,
131.19regularly maintained, and made available to the public for use by aircraft and includes
131.20runways, taxiways, aprons, and sites upon which are situated landing or navigational aids.
131.21A landing area also includes land underlying both the primary surface and the approach
131.22surfaces that comply with all of the following:
131.23 (i) the land is properly cleared and regularly maintained for the primary purposes of
131.24the landing, taking off, and taxiing of aircraft; but that portion of the land that contains
131.25facilities for servicing, repair, or maintenance of aircraft is not included as a landing area;
131.26 (ii) the land is part of the airport property; and
131.27 (iii) the land is not used for commercial or residential purposes.
131.28The land contained in a landing area under this paragraph must be described and certified
131.29by the commissioner of transportation. The certification is effective until it is modified,
131.30or until the airport or landing area no longer meets the requirements of this paragraph.
131.31For purposes of this paragraph, "public access area" means property used as an aircraft
131.32parking ramp, apron, or storage hangar, or an arrival and departure building in connection
131.33with the airport.
131.34 (m) Class 2e consists of land with a commercial aggregate deposit that is not actively
131.35being mined and is not otherwise classified as class 2a or 2b, provided that the land is not
131.36located in a county that has elected to opt-out of the aggregate preservation program as
132.1provided in section
273.1115, subdivision 6. It has a class rate of one percent of market
132.2value. To qualify for classification under this paragraph, the property must be at least
132.3ten contiguous acres in size and the owner of the property must record with the county
132.4recorder of the county in which the property is located an affidavit containing:
132.5 (1) a legal description of the property;
132.6 (2) a disclosure that the property contains a commercial aggregate deposit that is not
132.7actively being mined but is present on the entire parcel enrolled;
132.8 (3) documentation that the conditional use under the county or local zoning
132.9ordinance of this property is for mining; and
132.10 (4) documentation that a permit has been issued by the local unit of government
132.11or the mining activity is allowed under local ordinance. The disclosure must include a
132.12statement from a registered professional geologist, engineer, or soil scientist delineating
132.13the deposit and certifying that it is a commercial aggregate deposit.
132.14 For purposes of this section and section
273.1115, "commercial aggregate deposit"
132.15means a deposit that will yield crushed stone or sand and gravel that is suitable for use
132.16as a construction aggregate; and "actively mined" means the removal of top soil and
132.17overburden in preparation for excavation or excavation of a commercial deposit.
132.18 (n) When any portion of the property under this subdivision or subdivision 22 begins
132.19to be actively mined, the owner must file a supplemental affidavit within 60 days from
132.20the day any aggregate is removed stating the number of acres of the property that is
132.21actively being mined. The acres actively being mined must be (1) valued and classified
132.22under subdivision 24 in the next subsequent assessment year, and (2) removed from the
132.23aggregate resource preservation property tax program under section
273.1115, if the
132.24land was enrolled in that program. Copies of the original affidavit and all supplemental
132.25affidavits must be filed with the county assessor, the local zoning administrator, and the
132.26Department of Natural Resources, Division of Land and Minerals. A supplemental
132.27affidavit must be filed each time a subsequent portion of the property is actively mined,
132.28provided that the minimum acreage change is five acres, even if the actual mining activity
132.29constitutes less than five acres.
132.30 (o) The definitions prescribed by the commissioner under paragraphs (c) and (d) are
132.31not rules and are exempt from the rulemaking provisions of chapter 14, and the provisions
132.32in section
14.386 concerning exempt rules do not apply.
132.33
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for taxes payable in 2014 and new text end
132.34
new text begin thereafter.new text end
132.35 Sec. 11. Minnesota Statutes 2012, section 273.13, subdivision 25, is amended to read:
133.1 Subd. 25.
Class 4. (a) Class 4a is residential real estate containing four or more
133.2units and used or held for use by the owner or by the tenants or lessees of the owner
133.3as a residence for rental periods of 30 days or more, excluding property qualifying for
133.4class 4d. Class 4a also includes hospitals licensed under sections
144.50 to
144.56, other
133.5than hospitals exempt under section
272.02, and contiguous property used for hospital
133.6purposes, without regard to whether the property has been platted or subdivided. The
133.7market value of class 4a property has a class rate of 1.25 percent.
133.8 (b) Class 4b includes:
133.9 (1) residential real estate containing less than four units that does not qualify as class
133.104bb, other than seasonal residential recreational property;
133.11 (2) manufactured homes not classified under any other provision;
133.12 (3) a dwelling, garage, and surrounding one acre of property on a nonhomestead
133.13farm classified under subdivision 23, paragraph (b) containing two or three units; and
133.14 (4) unimproved property that is classified residential as determined under subdivision
133.1533.
133.16 The market value of class 4b property has a class rate of 1.25 percent.
133.17 (c) Class 4bb includes:
133.18 (1) nonhomestead residential real estate containing one unit, other than seasonal
133.19residential recreational property; and
133.20 (2) a single family dwelling, garage, and surrounding one acre of property on a
133.21nonhomestead farm classified under subdivision 23, paragraph (b).
133.22 Class 4bb property has the same class rates as class 1a property under subdivision 22.
133.23 Property that has been classified as seasonal residential recreational property at
133.24any time during which it has been owned by the current owner or spouse of the current
133.25owner does not qualify for class 4bb.
133.26 (d) Class 4c property includes:
133.27 (1) except as provided in subdivision 22, paragraph (c), real and personal property
133.28devoted to commercial temporary and seasonal residential occupancy for recreation
133.29purposes, for not more than 250 days in the year preceding the year of assessment. For
133.30purposes of this clause, property is devoted to a commercial purpose on a specific day
133.31if any portion of the property is used for residential occupancy, and a fee is charged for
133.32residential occupancy. Class 4c property under this clause must contain three or more
133.33rental units. A "rental unit" is defined as a cabin, condominium, townhouse, sleeping room,
133.34or individual camping site equipped with water and electrical hookups for recreational
133.35vehicles. A camping pad offered for rent by a property that otherwise qualifies for class
133.364c under this clause is also class 4c under this clause regardless of the term of the rental
134.1agreement, as long as the use of the camping pad does not exceed 250 days. In order for a
134.2property to be classified under this clause, either (i) the business located on the property
134.3must provide recreational activities, at least 40 percent of the annual gross lodging receipts
134.4related to the property must be from business conducted during 90 consecutive days,
134.5and either (A) at least 60 percent of all paid bookings by lodging guests during the year
134.6must be for periods of at least two consecutive nights; or (B) at least 20 percent of the
134.7annual gross receipts must be from charges for providing recreational activities, or (ii) the
134.8business must contain 20 or fewer rental units, and must be located in a township or a city
134.9with a population of 2,500 or less located outside the metropolitan area, as defined under
134.10section
473.121, subdivision 2, that contains a portion of a state trail administered by the
134.11Department of Natural Resources. For purposes of item (i)(A), a paid booking of five or
134.12more nights shall be counted as two bookings. Class 4c property also includes commercial
134.13use real property used exclusively for recreational purposes in conjunction with other class
134.144c property classified under this clause and devoted to temporary and seasonal residential
134.15occupancy for recreational purposes, up to a total of two acres, provided the property is
134.16not devoted to commercial recreational use for more than 250 days in the year preceding
134.17the year of assessment and is located within two miles of the class 4c property with which
134.18it is used. In order for a property to qualify for classification under this clause, the owner
134.19must submit a declaration to the assessor designating the cabins or units occupied for 250
134.20days or less in the year preceding the year of assessment by January 15 of the assessment
134.21year. Those cabins or units and a proportionate share of the land on which they are located
134.22must be designated class 4c under this clause as otherwise provided. The remainder of the
134.23cabins or units and a proportionate share of the land on which they are located will be
134.24designated as class 3a. The owner of property desiring designation as class 4c property
134.25under this clause must provide guest registers or other records demonstrating that the units
134.26for which class 4c designation is sought were not occupied for more than 250 days in the
134.27year preceding the assessment if so requested. The portion of a property operated as a
134.28(1) restaurant, (2) bar, (3) gift shop, (4) conference center or meeting room, and (5) other
134.29nonresidential facility operated on a commercial basis not directly related to temporary and
134.30seasonal residential occupancy for recreation purposes does not qualify for class 4c. For
134.31the purposes of this paragraph, "recreational activities" means renting ice fishing houses,
134.32boats and motors, snowmobiles, downhill or cross-country ski equipment; providing
134.33marina services, launch services, or guide services; or selling bait and fishing tackle;
134.34 (2) qualified property used as a golf course if:
134.35 (i) it is open to the public on a daily fee basis. It may charge membership fees or
134.36dues, but a membership fee may not be required in order to use the property for golfing,
135.1and its green fees for golfing must be comparable to green fees typically charged by
135.2municipal courses; and
135.3 (ii) it meets the requirements of section
273.112, subdivision 3, paragraph (d).
135.4 A structure used as a clubhouse, restaurant, or place of refreshment in conjunction
135.5with the golf course is classified as class 3a property;
135.6 (3) real property up to a maximum of three acres of land owned and used by a
135.7nonprofit community service oriented organization and not used for residential purposes
135.8on either a temporary or permanent basis, provided that:
135.9 (i) the property is not used for a revenue-producing activity for more than six days
135.10in the calendar year preceding the year of assessment; or
135.11 (ii) the organization makes annual charitable contributions and donations at least
135.12equal to the property's previous year's property taxes and the property is allowed to be
135.13used for public and community meetings or events for no charge, as appropriate to the
135.14size of the facility.
135.15 For purposes of this clause:
135.16 (A) "charitable contributions and donations" has the same meaning as lawful
135.17gambling purposes under section
349.12, subdivision 25, excluding those purposes
135.18relating to the payment of taxes, assessments, fees, auditing costs, and utility payments;
135.19 (B) "property taxes" excludes the state general tax;
135.20 (C) a "nonprofit community service oriented organization" means any corporation,
135.21society, association, foundation, or institution organized and operated exclusively for
135.22charitable, religious, fraternal, civic, or educational purposes, and which is exempt from
135.23federal income taxation pursuant to section 501(c)(3), (8), (10), or (19) of the Internal
135.24Revenue Code; and
135.25 (D) "revenue-producing activities" shall include but not be limited to property or that
135.26portion of the property that is used as an on-sale intoxicating liquor or 3.2 percent malt
135.27liquor establishment licensed under chapter 340A, a restaurant open to the public, bowling
135.28alley, a retail store, gambling conducted by organizations licensed under chapter 349, an
135.29insurance business, or office or other space leased or rented to a lessee who conducts a
135.30for-profit enterprise on the premises.
135.31Any portion of the property not qualifying under either item (i) or (ii) is class 3a. The use
135.32of the property for social events open exclusively to members and their guests for periods
135.33of less than 24 hours, when an admission is not charged nor any revenues are received by
135.34the organization shall not be considered a revenue-producing activity.
135.35 The organization shall maintain records of its charitable contributions and donations
135.36and of public meetings and events held on the property and make them available upon
136.1request any time to the assessor to ensure eligibility. An organization meeting the
136.2requirement under item (ii) must file an application by May 1 with the assessor for
136.3eligibility for the current year's assessment. The commissioner shall prescribe a uniform
136.4application form and instructions;
136.5 (4) postsecondary student housing of not more than one acre of land that is owned by
136.6a nonprofit corporation organized under chapter 317A and is used exclusively by a student
136.7cooperative, sorority, or fraternity for on-campus housing or housing located within two
136.8miles of the border of a college campus;
136.9 (5)(i) manufactured home parks as defined in section
327.14, subdivision 3,
136.10excluding manufactured home parks described in section
273.124, subdivision 3a, and (ii)
136.11manufactured home parks as defined in section
327.14, subdivision 3, that are described in
136.12section
273.124, subdivision 3a;
136.13 (6) real property that is actively and exclusively devoted to indoor fitness, health,
136.14social, recreational, and related uses, is owned and operated by a not-for-profit corporation,
136.15and is located within the metropolitan area as defined in section
473.121, subdivision 2;
136.16 (7) a leased or privately owned noncommercial aircraft storage hangar not exempt
136.17under section
272.01, subdivision 2, and the land on which it is located, provided that:
136.18 (i) the land is on an airport owned or operated by a city, town, county, Metropolitan
136.19Airports Commission, or group thereof; and
136.20 (ii) the land lease, or any ordinance or signed agreement restricting the use of the
136.21leased premise, prohibits commercial activity performed at the hangar.
136.22 If a hangar classified under this clause is sold after June 30, 2000, a bill of sale must
136.23be filed by the new owner with the assessor of the county where the property is located
136.24within 60 days of the sale;
136.25 (8) a privately owned noncommercial aircraft storage hangar not exempt under
136.26section
272.01, subdivision 2, and the land on which it is located, provided that:
136.27 (i) the land abuts a public airport; and
136.28 (ii) the owner of the aircraft storage hangar provides the assessor with a signed
136.29agreement restricting the use of the premises, prohibiting commercial use or activity
136.30performed at the hangar; and
136.31 (9) residential real estate, a portion of which is used by the owner for homestead
136.32purposes, and that is also a place of lodging, if all of the following criteria are met:
136.33 (i) rooms are provided for rent to transient guests that generally stay for periods
136.34of 14 or fewer days;
136.35 (ii) meals are provided to persons who rent rooms, the cost of which is incorporated
136.36in the basic room rate;
137.1 (iii) meals are not provided to the general public except for special events on fewer
137.2than seven days in the calendar year preceding the year of the assessment; and
137.3 (iv) the owner is the operator of the property.
137.4The market value subject to the 4c classification under this clause is limited to five rental
137.5units. Any rental units on the property in excess of five, must be valued and assessed as
137.6class 3a. The portion of the property used for purposes of a homestead by the owner must
137.7be classified as class 1a property under subdivision 22;
137.8 (10) real property up to a maximum of three acres and operated as a restaurant
137.9as defined under section
157.15, subdivision 12, provided it: (A) is located on a lake
137.10as defined under section
103G.005, subdivision 15, paragraph (a), clause (3); and (B)
137.11is either devoted to commercial purposes for not more than 250 consecutive days, or
137.12receives at least 60 percent of its annual gross receipts from business conducted during
137.13four consecutive months. Gross receipts from the sale of alcoholic beverages must be
137.14included in determining the property's qualification under subitem (B). The property's
137.15primary business must be as a restaurant and not as a bar. Gross receipts from gift shop
137.16sales located on the premises must be excluded. Owners of real property desiring 4c
137.17classification under this clause must submit an annual declaration to the assessor by
137.18February 1 of the current assessment year, based on the property's relevant information for
137.19the preceding assessment year;
137.20 (11) lakeshore and riparian property and adjacent land, not to exceed six acres, used
137.21as a marina, as defined in section
86A.20, subdivision 5, which is made accessible to
137.22the public and devoted to recreational use for marina services. The marina owner must
137.23annually provide evidence to the assessor that it provides services, including lake or river
137.24access to the public by means of an access ramp or other facility that is either located on
137.25the property of the marina or at a publicly owned site that abuts the property of the marina.
137.26No more than 800 feet of lakeshore may be included in this classification. Buildings used
137.27in conjunction with a marina for marina services, including but not limited to buildings
137.28used to provide food and beverage services, fuel, boat repairs, or the sale of bait or fishing
137.29tackle, are classified as class 3a property; and
137.30 (12) real and personal property devoted to noncommercial temporary and seasonal
137.31residential occupancy for recreation purposes.
137.32 Class 4c property has a class rate of 1.5 percent of market value, except that (i) each
137.33parcel of noncommercial seasonal residential recreational property under clause (12)
137.34has the same class rates as class 4bb property, (ii) manufactured home parks assessed
137.35under clause (5), item (i), have the same class rate as class 4b property, and the market
137.36value of manufactured home parks assessed under clause (5), item (ii), has the same class
138.1rate as class 4d property if more than 50 percent of the lots in the park are occupied by
138.2shareholders in the cooperative corporation or association and a class rate of one percent if
138.350 percent or less of the lots are so occupied, (iii) commercial-use seasonal residential
138.4recreational property and marina recreational land as described in clause (11), has a
138.5class rate of one percent for the first $500,000 of market value, and 1.25 percent for the
138.6remaining market value, (iv) the market value of property described in clause (4) has a
138.7class rate of one percent, (v) the market value of property described in clauses (2), (6), and
138.8(10) has a class rate of 1.25 percent, and (vi) that portion of the market value of property
138.9in clause (9) qualifying for class 4c property has a class rate of 1.25 percent.
138.10 (e) Class 4d property is qualifying low-income rental housing certified to the assessor
138.11by the Housing Finance Agency under section
273.128, subdivision 3. If only a portion
138.12of the units in the building qualify as low-income rental housing units as certified under
138.13section
273.128, subdivision 3, only the proportion of qualifying units to the total number
138.14of units in the building qualify for class 4d. The remaining portion of the building shall be
138.15classified by the assessor based upon its use. Class 4d also includes the same proportion of
138.16land as the qualifying low-income rental housing units are to the total units in the building.
138.17For all properties qualifying as class 4d, the market value determined by the assessor must
138.18be based on the normal approach to value using normal unrestricted rents.
138.19 Class 4d property has a class rate of 0.75 percent.
138.20
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for taxes payable in 2014 and new text end
138.21
new text begin thereafter.new text end
138.22 Sec. 12. Minnesota Statutes 2012, section 273.19, subdivision 1, is amended to read:
138.23 Subdivision 1.
Tax-exempt property; lease. Except as provided in subdivision 3 or
138.244, tax-exempt property held under a lease for a term of at least one year, and not taxable
138.25under section
272.01, subdivision 2, or under a contract for the purchase thereof, shall be
138.26considered, for all purposes of taxation, as the property of the person holding it. In this
138.27subdivision, "tax-exempt property" means property owned by the United States, the state
138.28
new text begin or any of its political subdivisionsnew text end , a school, or any religious, scientific, or benevolent
138.29society or institution, incorporated or unincorporated, or any corporation whose property
138.30is not taxed in the same manner as other property. This subdivision does not apply to
138.31property exempt from taxation under section
272.01, subdivision 2, paragraph (b), clauses
138.32(2), (3), and (4), or to property exempt from taxation under section
272.0213.
138.33
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
139.1 Sec. 13. Minnesota Statutes 2012, section 273.372, subdivision 4, is amended to read:
139.2 Subd. 4.
Administrative appeals. (a) Companies that submit the reports under
139.3section
270.82 or
273.371 by the date specified in that section, or by the date specified by
139.4the commissioner in an extension, may appeal administratively to the commissioner prior
139.5to bringing an action in court by submitting
new text begin .new text end
139.6
new text begin (b) Companies that must submit reports under section 270.82 must submitnew text end a written
139.7request with
new text begin tonew text end the commissioner for a conference within ten days after the date of the
139.8commissioner's valuation certification or notice to the company, or by May
new text begin Junenew text end 15,
139.9whichever is earlier.
139.10
new text begin (c) Companies that submit reports under section 273.371 must submit a written new text end
139.11
new text begin request to the commissioner for a conference within ten days after the date of the new text end
139.12
new text begin commissioner's valuation certification or notice to the company, or by July 1, whichever new text end
139.13
new text begin is earlier.new text end
139.14
new text begin (d)new text end The commissioner shall conduct the conference upon the commissioner's entire
139.15files and records and such further information as may be offered. The conference must
139.16be held no later than 20 days after the date of the commissioner's valuation certification
139.17or notice to the company, or by the date specified by the commissioner in an extension.
139.18Within 60 days after the conference the commissioner shall make a final determination of
139.19the matter and shall notify the company promptly of the determination. The conference
139.20is not a contested case hearing.
139.21 (b)
new text begin (e)new text end In addition to the opportunity for a conference under paragraph (a), the
139.22commissioner shall also provide the railroad and utility companies the opportunity to
139.23discuss any questions or concerns relating to the values established by the commissioner
139.24through certification or notice in a less formal manner. This does not change or modify
139.25the deadline for requesting a conference under paragraph (a), the deadline in section
139.26271.06
for appealing an order of the commissioner, or the deadline in section
278.01 for
139.27appealing property taxes in court.
139.28
new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with assessment year 2014.new text end
139.29 Sec. 14. Minnesota Statutes 2012, section 273.39, is amended to read:
139.30
273.39 RURAL AREA.
139.31 As used in sections
273.39 to
273.41, the term "rural area" shall be deemed to mean
139.32any area of the state not included within the boundaries of any incorporated
new text begin statutory new text end
139.33
new text begin city or home rule charternew text end city, and such term shall be deemed to include both farm and
139.34nonfarm population thereof.
140.1
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
140.2 Sec. 15. Minnesota Statutes 2012, section 279.06, subdivision 1, is amended to read:
140.3 Subdivision 1.
List and notice. Within five days after the filing of such list, the
140.4court administrator shall return a copy thereof to the county auditor, with a notice prepared
140.5and signed by the court administrator, and attached thereto, which may be substantially in
140.6the following form:
140.7
State of Minnesota
)
140.8
) ss.
140.9
County of
.....
)
140.10
District Court
140.11
.....
Judicial District.
140.12 The state of Minnesota, to all persons, companies, or corporations who have or claim
140.13any estate, right, title, or interest in, claim to, or lien upon, any of the several parcels of
140.14land described in the list hereto attached:
140.15 The list of taxes and penalties on real property for the county of ...............................
140.16remaining delinquent on the first Monday in January, ......., has been filed in the office of
140.17the court administrator of the district court of said county, of which that hereto attached is a
140.18copy. Therefore, you, and each of you, are hereby required to file in the office of said court
140.19administrator, on or before the 20th day after the publication of this notice and list, your
140.20answer, in writing, setting forth any objection or defense you may have to the taxes, or any
140.21part thereof, upon any parcel of land described in the list, in, to, or on which you have or
140.22claim any estate, right, title, interest, claim, or lien, and, in default thereof, judgment will
140.23be entered against such parcel of land for the taxes on such list appearing against it, and
140.24for all penalties, interest, and costs. Based upon said judgment, the land shall be sold to
140.25the state of Minnesota on the second Monday in May, ....... The period of redemption for
140.26all lands sold to the state at a tax judgment sale shall be three years from the date of sale to
140.27the state of Minnesota if the land is within an incorporated area unless it is:
140.28 (a) nonagricultural homesteaded land as defined in section
273.13, subdivision 22;
140.29 (b) homesteaded agricultural land as defined in section
273.13, subdivision 23,
140.30paragraph (a);
140.31 (c) seasonal residential recreational land as defined in section
273.13, subdivisions
140.3222, paragraph (c)
, and 25, paragraph (d), clause (1), in which event the period of
140.33redemption is five years from the date of sale to the state of Minnesota;
140.34 (d) abandoned property and pursuant to section
a court order has been
140.35entered shortening the redemption period to five weeks; or
141.1 (e) vacant property as described under section
281.174, subdivision 2, and for which
141.2a court order is entered shortening the redemption period under section
.
141.3 The period of redemption for all other lands sold to the state at a tax judgment sale
141.4shall be five years from the date of sale.
141.5 Inquiries as to the proceedings set forth above can be made to the county auditor of
141.6..... county whose address is ......
141.7
(Signed)
.....
,
141.8
141.9
Court Administrator of the District Court of the
County of
.....
141.10
(Here insert list.)
141.11
new text begin The notice must contain a narrative description of the various periods to redeem new text end
141.12
new text begin specified in sections 281.17, 281.173, and 281.174, in the manner prescribed by the new text end
141.13
new text begin commissioner of revenue under subdivision 2.new text end
141.14 The list referred to in the notice shall be substantially in the following form:
141.15 List of real property for the county of ......................., on which taxes remain
141.16delinquent on the first Monday in January, .......
141.17Town of (Fairfield),
141.18Township (40), Range (20),
141.19
141.20
141.21
141.22
141.23
141.24
141.25
141.26
Names (and Current
Filed Addresses) for
the Taxpayers and Fee
Owners and in Addition
Those Parties Who Have
Filed Their Addresses
Pursuant to section
276.041
Subdivision of
Section
Section
Tax Parcel
Number
Total Tax
and Penalty
141.27
$ cts.
141.28
141.29
John Jones (825 Fremont
Fairfield, MN 55000)
S.E. 1/4 of S.W. 1/4
10
23101
2.20
142.1
142.2
142.3
142.4
142.5
142.6
142.7
142.8
142.9
142.10
142.11
142.12
142.13
142.14
142.15
142.16
142.17
142.18
142.19
Bruce Smith (2059 Hand
Fairfield, MN 55000)
and Fairfield State
Bank (100 Main Street
Fairfield, MN 55000)
That part of N.E. 1/4
of S.W. 1/4 desc. as
follows: Beg. at the
S.E. corner of said N.E.
1/4 of S.W. 1/4; thence
N. along the E. line of
said N.E. 1/4 of S.W.
1/4 a distance of 600
ft.; thence W. parallel
with the S. line of said
N.E. 1/4 of S.W. 1/4
a distance of 600 ft.;
thence S. parallel with
said E. line a distance of
600 ft. to S. line of said
N.E. 1/4 of S.W. 1/4;
thence E. along said S.
line a distance of 600 ft.
to the point of beg.
21
33211
3.15
142.20 As to platted property, the form of heading shall conform to circumstances and be
142.21substantially in the following form:
142.22City of (Smithtown)
142.23Brown's Addition, or Subdivision
142.24
142.25
142.26
142.27
142.28
142.29
142.30
142.31
Names (and Current
Filed Addresses) for
the Taxpayers and Fee
Owners and in Addition
Those Parties Who Have
Filed Their Addresses
Pursuant to section
276.041
Lot
Block
Tax Parcel
Number
Total Tax
and Penalty
142.32
$ cts.
142.33
142.34
John Jones (825 Fremont
Fairfield, MN 55000)
15
9
58243
2.20
142.35
142.36
142.37
142.38
142.39
Bruce Smith (2059 Hand
Fairfield, MN 55000)
and Fairfield State
Bank (100 Main Street
Fairfield, MN 55000)
16
9
58244
3.15
142.40 The names, descriptions, and figures employed in parentheses in the above forms are
142.41merely for purposes of illustration.
142.42 The name of the town, township, range or city, and addition or subdivision, as the
142.43case may be, shall be repeated at the head of each column of the printed lists as brought
142.44forward from the preceding column.
142.45 Errors in the list shall not be deemed to be a material defect to affect the validity
142.46of the judgment and sale.
143.1
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for lists and notices required after new text end
143.2
new text begin December 31, 2013.new text end
143.3 Sec. 16. Minnesota Statutes 2012, section 290B.04, subdivision 2, is amended to read:
143.4 Subd. 2.
Approval; recording. The commissioner shall approve all initial
143.5applications that qualify under this chapter and shall notify qualifying homeowners on or
143.6before December 1. The commissioner may investigate the facts or require confirmation
143.7in regard to an application. The commissioner shall record or file a notice of qualification
143.8for deferral, including the names of the qualifying homeowners and a legal description
143.9of the property, in the office of the county recorder, or registrar of titles, whichever is
143.10applicable, in the county where the qualifying property is located. The notice must state
143.11that it serves as a notice of lien and that it includes deferrals under this section for future
143.12years.
new text begin The commissioner shall prescribe the form of the notice. Execution of the notice new text end
143.13
new text begin by the original or facsimile signature of the commissioner or a delegate entitles them to new text end
143.14
new text begin be recorded, and no other attestation, certification, or acknowledgment is necessary.new text end The
143.15homeowner shall pay the recording or filing fees for the notice, which, notwithstanding
143.16section
357.18, shall be paid by the homeowner at the time of satisfaction of the lien.
143.17
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for notices that are both executed new text end
143.18
new text begin and recorded after June 30, 2013.new text end
143.19 Sec. 17. Minnesota Statutes 2012, section 298.01, subdivision 3, is amended to read:
143.20 Subd. 3.
Occupation tax; other ores. Every person engaged in the business of
143.21mining, refining, or producing ores, metals, or minerals in this state, except iron ore or
143.22taconite concentrates, shall pay an occupation tax to the state of Minnesota as provided
143.23in this subdivision. For purposes of this subdivision, mining includes the application of
143.24hydrometallurgical processes.
new text begin Hydrometallurgical processes are processes that extract new text end
143.25
new text begin the ores, metals, or minerals, by use of aqueous solutions that leach, concentrate, and new text end
143.26
new text begin recover the ore, metal, or mineral.new text end The tax is determined in the same manner as the tax
143.27imposed by section
290.02, except that sections
290.05, subdivision 1, clause (a),
290.17,
143.28subdivision 4
, and
290.191, subdivision 2, do not apply, and the occupation tax must
143.29be computed by applying to taxable income the rate of 2.45 percent. A person subject
143.30to occupation tax under this section shall apportion its net income on the basis of the
143.31percentage obtained by taking the sum of:
143.32 (1) 75 percent of the percentage which the sales made within this state in connection
143.33with the trade or business during the tax period are of the total sales wherever made in
143.34connection with the trade or business during the tax period;
144.1 (2) 12.5 percent of the percentage which the total tangible property used by the
144.2taxpayer in this state in connection with the trade or business during the tax period is of
144.3the total tangible property, wherever located, used by the taxpayer in connection with the
144.4trade or business during the tax period; and
144.5 (3) 12.5 percent of the percentage which the taxpayer's total payrolls paid or incurred
144.6in this state or paid in respect to labor performed in this state in connection with the trade
144.7or business during the tax period are of the taxpayer's total payrolls paid or incurred in
144.8connection with the trade or business during the tax period.
144.9 The tax is in addition to all other taxes.
144.10
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
144.11 Sec. 18. Minnesota Statutes 2012, section 298.018, is amended to read:
144.12
298.018 DISTRIBUTION OF PROCEEDS.
144.13 Subdivision 1.
Within taconite assistance area. The proceeds of the tax paid
144.14under sections
298.015 and
298.016 on
new text begin ores, metals, ornew text end minerals and energy resources
144.15 mined or extracted within the taconite assistance area defined in section
273.1341, shall
144.16be allocated as follows:
144.17 (1) five percent to the city or town within which the minerals or energy resources
144.18are mined or extracted;
144.19 (2) ten percent to the taconite municipal aid account to be distributed as provided
144.20in section
298.282;
144.21 (3) ten percent to the school district within which the minerals or energy resources
144.22are mined or extracted;
144.23 (4) 20 percent to a group of school districts comprised of those school districts
144.24wherein the mineral or energy resource was mined or extracted or in which there is a
144.25qualifying municipality as defined by section
273.134, paragraph (b), in direct proportion
144.26to school district indexes as follows: for each school district, its pupil units determined
144.27under section
126C.05 for the prior school year shall be multiplied by the ratio of the
144.28average adjusted net tax capacity per pupil unit for school districts receiving aid under
144.29this clause as calculated pursuant to chapters 122A, 126C, and 127A for the school year
144.30ending prior to distribution to the adjusted net tax capacity per pupil unit of the district.
144.31Each district shall receive that portion of the distribution which its index bears to the sum
144.32of the indices for all school districts that receive the distributions;
144.33 (5) 20 percent to the county within which the minerals or energy resources are
144.34mined or extracted;
145.1 (6) 20 percent to St. Louis County acting as the counties' fiscal agent to be
145.2distributed as provided in sections
273.134 to
273.136;
145.3 (7) five percent to the Iron Range Resources and Rehabilitation Board for the
145.4purposes of section
298.22;
145.5 (8) five percent to the Douglas J. Johnson economic protection trust fund; and
145.6 (9) five percent to the taconite environmental protection fund.
145.7 The proceeds of the tax shall be distributed on July 15 each year.
145.8 Subd. 2.
Outside taconite assistance area. The proceeds of the tax paid under
145.9sections
298.015 and
298.016 on
new text begin ores, metals, ornew text end minerals and energy resources mined
145.10or extracted outside of the taconite assistance area defined in section
273.1341, shall
145.11be deposited in the general fund.
145.12
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
145.13 Sec. 19. Minnesota Statutes 2012, section 373.01, subdivision 1, is amended to read:
145.14 Subdivision 1.
Public corporation; listed powers. (a) Each county is a body politic
145.15and corporate and may:
145.16 (1) Sue and be sued.
145.17 (2) Acquire and hold real and personal property for the use of the county, and lands
145.18sold for taxes as provided by law.
145.19 (3) Purchase and hold for the benefit of the county real estate sold by virtue of
145.20judicial proceedings, to which the county is a party.
145.21 (4) Sell, lease, and convey real or personal estate owned by the county, and give
145.22contracts or options to sell, lease, or convey it, and make orders respecting it as deemed
145.23conducive to the interests of the county's inhabitants.
145.24 (5) Make all contracts and do all other acts in relation to the property and concerns
145.25of the county necessary to the exercise of its corporate powers.
145.26 (b) No sale, lease, or conveyance of real estate owned by the county, except the lease
145.27of a residence acquired for the furtherance of an approved capital improvement project, nor
145.28any contract or option for it, shall be valid, without first advertising for bids or proposals in
145.29the official newspaper of the county for three consecutive weeks and once in a newspaper
145.30of general circulation in the area where the property is located. The notice shall state the
145.31time and place of considering the proposals, contain a legal description of any real estate,
145.32and a brief description of any personal property. Leases that do not exceed $15,000 for any
145.33one year may be negotiated and are not subject to the competitive bid procedures of this
145.34section. All proposals estimated to exceed $15,000 in any one year shall be considered at
146.1the time set for the bid opening, and the one most favorable to the county accepted, but the
146.2county board may, in the interest of the county, reject any or all proposals.
146.3 (c) Sales of personal property the value of which is estimated to be $15,000 or
146.4more shall be made only after advertising for bids or proposals in the county's official
146.5newspaper, on the county's Web site, or in a recognized industry trade journal. At the same
146.6time it posts on its Web site or publishes in a trade journal, the county must publish in the
146.7official newspaper, either as part of the minutes of a regular meeting of the county board
146.8or in a separate notice, a summary of all requests for bids or proposals that the county
146.9advertises on its Web site or in a trade journal. After publication in the official newspaper,
146.10on the Web site, or in a trade journal, bids or proposals may be solicited and accepted by
146.11the electronic selling process authorized in section
471.345, subdivision 17. Sales of
146.12personal property the value of which is estimated to be less than $15,000 may be made
146.13either on competitive bids or in the open market, in the discretion of the county board.
146.14"Web site" means a specific, addressable location provided on a server connected to the
146.15Internet and hosting World Wide Web pages and other files that are generally accessible
146.16on the Internet all or most of a day.
146.17 (d) Notwithstanding anything to the contrary herein, the county may, when acquiring
146.18real property for county highway right-of-way, exchange parcels of real property of
146.19substantially similar or equal value without advertising for bids. The estimated values for
146.20these parcels shall be determined by the county assessor.
146.21 (e) Notwithstanding anything in this section to the contrary, the county may, when
146.22acquiring real property for purposes other than county highway right-of-way, exchange
146.23parcels of real property of substantially similar or equal value without advertising for
146.24bids. The estimated values for these parcels must be determined by the county assessor
146.25or a private appraisal performed by a licensed Minnesota real estate appraiser.
new text begin For the new text end
146.26
new text begin purpose of determining for the county the estimated values of parcels proposed to be new text end
146.27
new text begin exchanged, the county assessor need not be licensed under chapter 82B. new text end Before giving
146.28final approval to any exchange of land, the county board shall hold a public hearing on
146.29the exchange. At least two weeks before the hearing, the county auditor shall post a
146.30notice in the auditor's office and the official newspaper of the county of the hearing that
146.31contains a description of the lands affected.
146.32 (f) If real estate or personal property remains unsold after advertising for and
146.33consideration of bids or proposals the county may employ a broker to sell the property.
146.34The broker may sell the property for not less than 90 percent of its appraised market value
146.35as determined by the county. The broker's fee shall be set by agreement with the county but
146.36may not exceed ten percent of the sale price and must be paid from the proceeds of the sale.
147.1 (g) A county or its agent may rent a county-owned residence acquired for the
147.2furtherance of an approved capital improvement project subject to the conditions set
147.3by the county board and not subject to the conditions for lease otherwise provided by
147.4paragraph (a), clause (4), and paragraphs (b), (c), (d), (f), and (h).
147.5 (h) In no case shall lands be disposed of without there being reserved to the county
147.6all iron ore and other valuable minerals in and upon the lands, with right to explore for,
147.7mine and remove the iron ore and other valuable minerals, nor shall the minerals and
147.8mineral rights be disposed of, either before or after disposition of the surface rights,
147.9otherwise than by mining lease, in similar general form to that provided by section
93.20
147.10for mining leases affecting state lands. The lease shall be for a term not exceeding 50
147.11years, and be issued on a royalty basis, the royalty to be not less than 25 cents per ton of
147.122,240 pounds, and fix a minimum amount of royalty payable during each year, whether
147.13mineral is removed or not. Prospecting options for mining leases may be granted for
147.14periods not exceeding one year. The options shall require, among other things, periodical
147.15showings to the county board of the results of exploration work done.
147.16 (i) Notwithstanding anything in this subdivision to the contrary, the county may,
147.17when selling real property owned in fee simple that cannot be improved because of
147.18noncompliance with local ordinances regarding minimum area, shape, frontage, or access,
147.19proceed to sell the nonconforming parcel without advertising for bid. At the county's
147.20discretion, the real property may be restricted to sale to adjoining landowners or may be
147.21sold to any other interested party. The property shall be sold to the highest bidder, but in no
147.22case shall the property be sold for less than 90 percent of its fair market value as determined
147.23by the county assessor. All owners of land adjoining the land to be sold shall be given a
147.24written notice at least 30 days before the sale. This paragraph shall be liberally construed to
147.25encourage the sale of nonconforming real property and promote its return to the tax roles.
147.26
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
147.27 Sec. 20.
new text begin REPEALER.new text end
147.28
new text begin Minnesota Statutes 2012, sections 272.69; and 273.11, subdivisions 1a and 22,new text end new text begin are new text end
147.29
new text begin repealed.new text end
147.30
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end