HF 603
1st Committee Engrossment - 90th Legislature (2017 - 2018)
Posted on 03/22/2017 10:16 a.m.
KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1A bill for an act
1.2relating to taxation; property and local government; modifying provisions related
1.3to property taxes; taxpayer empowerment; aids, credits, and refunds; in perpetuity
1.4payments on land purchases; tax increment financing; local option sales taxes;
1.5public finance; and miscellaneous tax provisions; modifying property tax
1.6exemptions, classifications, and refunds; allowing a reverse referendum for property
1.7tax levies under certain circumstances; establishing school building bond
1.8agricultural tax credit; modifying state general levy; modifying certain local
1.9government aids; authorizing certain tax increment financing authority; prohibiting
1.10municipalities from taxing paper or plastic bags; modifying county levy authority;
1.11authorizing certain local taxes; restricting rail project expenditures; modifying
1.12provisions related to taconite; repealing political contribution refund; making
1.13technical and conforming changes; requiring a report;amending Minnesota Statutes
1.142016, sections 40A.18, subdivision 2; 97A.056, subdivisions 1a, 3, by adding
1.15subdivisions; 116P.02, subdivision 1, by adding subdivisions; 116P.08, subdivisions
1.161, 4; 123B.63, subdivision 3; 126C.17, subdivision 9; 127A.45, subdivisions 10,
1.1713; 205.10, subdivision 1; 205A.05, subdivision 1; 216B.36; 216B.46; 237.19;
1.18270A.03, subdivision 7; 272.02, subdivisions 23, 86, by adding a subdivision;
1.19272.0213; 272.029, subdivision 2; 272.162; 273.124, subdivisions 3a, 14, 21;
1.20273.125, subdivision 8; 273.13, subdivisions 22, 23, 25, 34; 273.1392; 273.1393;
1.21275.025, subdivisions 1, 2, 4, by adding a subdivision; 275.065, subdivision 3;
1.22275.066; 275.07, subdivisions 1, 2; 275.08, subdivision 1b; 275.60; 276.017,
1.23subdivision 3; 276.04, subdivisions 1, 2; 279.01, subdivisions 1, 2, 3; 279.37, by
1.24adding a subdivision; 281.17; 281.173, subdivision 2; 281.174, subdivision 3;
1.25282.01, subdivisions 4, 6, by adding a subdivision; 282.016; 282.018, subdivision
1.261; 282.02; 282.241, subdivision 1; 282.322; 287.08; 289A.50, subdivision 1;
1.27290.01, subdivision 6; 290A.03, subdivisions 11, 13; 298.225, subdivision 1;
1.28298.28, subdivision 3; 366.095, subdivision 1; 383B.117, subdivision 2; 410.32;
1.29412.221, subdivision 2; 412.301; 426.19, subdivision 2; 447.045, subdivisions 2,
1.303, 4, 6, 7; 452.11; 455.24; 455.29; 459.06, subdivision 1; 462.353, subdivision 4;
1.31469.053, subdivision 5; 469.101, subdivision 1; 469.107, subdivision 2; 469.169,
1.32by adding a subdivision; 469.174, subdivision 12; 469.175, subdivision 3; 469.176,
1.33subdivision 4c; 469.1761, by adding a subdivision; 469.1763, subdivisions 1, 2,
1.343; 469.178, subdivision 7; 469.190, subdivisions 1, 5; 471.57, subdivision 3;
1.35471.571, subdivision 3; 471.572, subdivisions 2, 4; 473.39, by adding subdivisions;
1.36473H.09; 473H.17, subdivision 1a; 475.59; 475.60, subdivision 2; 477A.011,
1.37subdivisions 34, 45; 477A.013, subdivisions 8, 9; 477A.10; 477A.11, by adding
1.38subdivisions; 504B.285, subdivision 1; 504B.365, subdivision 3; Laws 1980,
1.39chapter 511, sections 1, subdivision 2, as amended; 2, as amended; Laws 1991,
2.1chapter 291, article 8, section 27, subdivisions 3, as amended, 4, as amended, 5;
2.2Laws 1996, chapter 471, article 2, section 29, subdivisions 1, as amended, 4, as
2.3amended; article 3, section 51; Laws 1999, chapter 243, article 4, sections 17,
2.4subdivisions 3, 5, by adding a subdivision; 18, subdivision 1, as amended; Laws
2.52005, First Special Session chapter 3, article 5, section 38, subdivisions 2, as
2.6amended, 4, as amended; Laws 2008, chapter 154, article 9, section 21, subdivision
2.72; Laws 2008, chapter 366, article 7, section 20; Laws 2009, chapter 88, article 5,
2.8section 17, as amended; Laws 2014, chapter 308, article 6, sections 8, subdivision
2.91; 9; proposing coding for new law in Minnesota Statutes, chapters 11A; 16A;
2.1016B; 103C; 116P; 117; 222; 273; 274; 275; 281; 416; 459; 471; 473; 477A;
2.11repealing Minnesota Statutes 2016, sections 10A.322, subdivision 4; 13.4967,
2.12subdivision 2; 205.10, subdivision 3; 270C.9901; 281.22; 290.06, subdivision 23;
2.13477A.085; 477A.20; Minnesota Rules, part 4503.1400, subpart 4.
2.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.15ARTICLE 1
2.16PROPERTY TAX
2.17 Section 1. Minnesota Statutes 2016, section 40A.18, subdivision 2, is amended to read:
2.18 Subd. 2. Allowed commercial and industrial operations. new text begin (a) new text end Commercial and industrial
2.19operations are not allowed on land within an agricultural preserve except:
2.20(1) small on-farm commercial or industrial operations normally associated with and
2.21important to farming in the agricultural preserve area;
2.22(2) storage use of existing farm buildings that does not disrupt the integrity of
the
2.23agricultural preserve; and
2.24(3) small commercial use of existing farm buildings for trades not disruptive to the
2.25integrity of the agricultural preserve such as a carpentry shop, small scale mechanics
shop,
2.26and similar activities that a farm operator might conduct.new text begin ; andnew text end
2.27new text begin (4) wireless communication installments and related equipment and structure capable
new text end
2.28new text begin of providing technology potentially beneficial to farming activities.new text end
2.29 new text begin (b) For purposes of paragraph (a), clauses (2) and (3), new text end "existing" in clauses (2) and (3)
2.30means existing on August 1, 1989.
2.31new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
2.32 Sec. 2. new text begin [103C.333] COUNTY LEVY AUTHORITY.new text end
2.33new text begin Notwithstanding any other law to the contrary, a county levying a tax under section
new text end
2.34new text begin 103C.331 shall not include any taxes levied under those authorities in the levy certified
new text end
2.35new text begin under section 275.07, subdivision 1, paragraph (a). A county levying under section
103C.331 new text end
3.1new text begin shall separately certify that amount, and the auditor shall extend that levy as a
special taxing new text end
3.2new text begin district levy under sections 275.066 and 275.07, subdivision 1, paragraph (b).new text end
3.3new text begin EFFECTIVE DATE.new text end new text begin This section is effective for certifications made in 2017 and new text end
3.4new text begin thereafter.new text end
3.5 Sec. 3. Minnesota Statutes 2016, section 272.02, subdivision 23, is amended to read:
3.6 Subd. 23. new text begin Secondary liquid new text end agricultural new text begin chemical new text end containment facilities. new text begin Secondary new text end
3.7containment tanks, cache basins, and that portion of the structure needed for the containment
3.8facility used to confine agricultural chemicals as defined in section
18D.01, subdivision 3,
3.9as required by the commissioner of agriculture under chapter 18B or 18C,new text begin berms used by new text end
3.10new text begin a reseller to contain agricultural chemical spills from primary storage containers
and prevent new text end
3.11new text begin runoff or leaching of liquid agricultural chemicals as defined in section 18D.01,
subdivision new text end
3.12new text begin 3,new text end are exempt.new text begin For purposes of this subdivision, "reseller" means a person licensed by the new text end
3.13new text begin commissioner of agriculture under section 18B.316 or 18C.415.new text end
3.14new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with taxes payable in 2016 new text end
3.15new text begin provided that nothing in this section shall cause property that was classified as
exempt new text end
3.16new text begin property for taxes payable in 2016 to lose its exempt status for taxes payable in
that year.new text end
3.17 Sec. 4. Minnesota Statutes 2016, section 272.02, subdivision 86, is amended to read:
3.18 Subd. 86. Apprenticeship training facilities. All or a portion of a building used
3.19exclusively for a state-approved apprenticeship program through the Department of
Labor
3.20and Industry is exempt if:
3.21(1) it is owned by a nonprofit organization or a nonprofit trust, and operated by
a nonprofit
3.22organization or a nonprofit trust;
3.23(2) the program participants receive no compensation; and
3.24(3) it is located:
3.25(i) in the Minneapolis and St. Paul standard metropolitan statistical area as determined
3.26by the 2000 federal census;
3.27(ii) in a city outside the Minneapolis and St. Paul standard metropolitan statistical
area
3.28that has a population of 7,400 or greater according to the most recent federal census;
or
3.29(iii) in a township that has a population greater than 2,000 new text begin 1,400 new text end but less than 3,000
3.30determined by the 2000 federal census and the building was previously used by a school
3.31and was exempt for taxes payable in 2010.
4.1Use of the property for advanced skills training of incumbent workers does not disqualify
4.2the property for the exemption under this subdivision. This exemption includes up
to five
4.3acres of the land on which the building is located and associated parking areas on
that land,
4.4except that if the building meets the requirements of clause (3), item (iii), then
the exemption
4.5includes up to ten acres of land on which the building is located and associated parking
4.6areas on that land. If a parking area associated with the facility is used for the
purposes of
4.7the facility and for other purposes, a portion of the parking area shall be exempt
in proportion
4.8to the square footage of the facility used for purposes of apprenticeship training.
4.9 Sec. 5. Minnesota Statutes 2016, section 272.02, is amended by adding a subdivision to
4.10read:
4.11 new text begin Subd. 100.new text end new text begin Electric generation facility; personal property.new text end new text begin (a) Notwithstanding new text end
4.12new text begin subdivision 9, clause (a), attached machinery and other personal property that is
part of an new text end
4.13new text begin electric generation facility with more than 35 megawatts and less than 40 megawatts
of new text end
4.14new text begin installed capacity and that meets the requirements of this subdivision is exempt from
taxation new text end
4.15new text begin and payments in lieu of taxation. The facility must:new text end
4.16new text begin (1) be designed to utilize natural gas as a primary fuel;new text end
4.17new text begin (2) be owned and operated by a municipal power agency as defined in section 453.52,
new text end
4.18new text begin subdivision 8;new text end
4.19new text begin (3) be located within 800 feet of an existing natural gas pipeline;new text end
4.20new text begin (4) satisfy a resource deficiency identified in an approved integrated resource plan
filed new text end
4.21new text begin under section 216B.2422;new text end
4.22new text begin (5) be located outside the metropolitan area as defined under section 473.121, subdivision
new text end
4.23new text begin 2; andnew text end
4.24new text begin (6) have received, by resolution, the approval of the governing bodies of the city
and new text end
4.25new text begin county in which it is located for the exemption of personal property provided by this
new text end
4.26new text begin subdivision.new text end
4.27new text begin (b) Construction of the facility must have been commenced after January 1, 2015, and
new text end
4.28new text begin before January 1, 2017. Property eligible for this exemption does not include electric
new text end
4.29new text begin transmission lines and interconnections or gas pipelines and interconnections appurtenant
new text end
4.30new text begin to the property or the facility.new text end
4.31new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
5.1 Sec. 6. Minnesota Statutes 2016, section 272.0213, is amended to read:
5.2272.0213 LEASED SEASONAL-RECREATIONAL LAND.
5.3 (a) A county board may elect, by resolution, tonew text begin Qualified lands, as defined in this section, new text end
5.4new text begin are new text end exempt from taxation, including the tax under section
273.19, qualified lands. "Qualified
5.5lands" for purposes of this section means propertynew text begin landnew text end that:
5.6 (1) is owned by a county, city, town, or the state;new text begin andnew text end
5.7 (2) is rented by the entity for noncommercial seasonal-recreational ornew text begin ,new text end noncommercial
5.8seasonal-recreational residential use; andnew text begin , or class 1c commercial seasonal-recreational new text end
5.9new text begin residential use.new text end
5.10 (3) was rented for the purposes specified in clause (2) and was exempt from taxation
5.11for property taxes payable in 2008.
5.12(b) Lands owned by the federal government and rented for noncommercial
5.13seasonal-recreational ornew text begin ,new text end noncommercial seasonal-recreational residentialnew text begin , or class 1c new text end
5.14new text begin commercial seasonal-recreational residentialnew text end use are exempt from taxation, including the
5.15tax under section
273.19.
5.16new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with taxes payable in 2018.new text end
5.17 Sec. 7. Minnesota Statutes 2016, section 272.029, subdivision 2, is amended to read:
5.18 Subd. 2. Definitions. (a) For the purposes of this section, the term:
5.19(1) "wind energy conversion system" has the meaning given in section
216C.06,
5.20subdivision 19
, and also includes a substation that is used and owned by one or more wind
5.21energy conversion facilities;
5.22(2) "large scale wind energy conversion system" means a wind energy conversion system
5.23of more than 12 megawatts, as measured by the nameplate capacity of the system or
as
5.24combined with other systems as provided in paragraph (b);
5.25(3) "medium scale wind energy conversion system" means a wind energy conversion
5.26system of over two and not more than 12 megawatts, as measured by the nameplate capacity
5.27of the system or as combined with other systems as provided in paragraph (b); and
5.28(4) "small scale wind energy conversion system" means a wind energy conversion system
5.29of two megawatts and under, as measured by the nameplate capacity of the system or
as
5.30combined with other systems as provided in paragraph (b).
6.1(b) For systems installed and contracted for after January 1, 2002, the total size
of a
6.2wind energy conversion system under this subdivision shall be determined according
to this
6.3paragraph. Unless the systems are interconnected with different distribution systems,
the
6.4nameplate capacity of one wind energy conversion system shall be combined with the
6.5nameplate capacity of any other wind energy conversion system that is:
6.6(1) located within five miles of the wind energy conversion system;
6.7(2) constructed within the same calendar year as the wind energy conversion system;
6.8and
6.9(3) under common ownership.
6.10In the case of a dispute, the commissioner of commerce shall determine the total size
of
6.11the system, and shall draw all reasonable inferences in favor of combining the systems.
6.12(c) In making a determination under paragraph (b), the commissioner of commerce may
6.13determine that two wind energy conversion systems are under common ownership when
6.14the underlying ownership structure contains similar new text begin the same new text end persons or entities, even if the
6.15ownership shares differ between the two systems. Wind energy conversion systems are
not
6.16under common ownership solely because the same person or entity provided equity financing
6.17for the systemsnew text begin . Wind energy conversion systems that were determined by the commissioner new text end
6.18new text begin of commerce to be eligible for a renewable energy production incentive under section
new text end
6.19new text begin 216C.41 are not under common ownership unless a change in the qualifying owner was
new text end
6.20new text begin made to an owner of another wind energy conversion system subsequent to the determination
new text end
6.21new text begin by the commissioner of commercenew text end .
6.22new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
6.23 Sec. 8. Minnesota Statutes 2016, section 272.162, is amended to read:
6.24272.162 RESTRICTIONS ON TRANSFERS OF SPECIFIC PARTS.
6.25 Subdivision 1. Conditions restricting transfer. When a deed or other instrument
6.26conveying a parcel of land is presented to the county auditor for transfer or division
under
6.27sections
272.12,
272.16, and
272.161, the auditor shall not transfer or divide the land or its
6.28net tax capacity in the official records and shall not certify the instrument as provided
in
6.29section
272.12, if:
6.30(a) The land conveyed is less than a whole parcel of land as charged in the tax lists;
7.1(b) The part conveyed appears within the area of application of municipal new text begin or countynew text end
7.2subdivision regulations adopted and filed under new text begin section 394.35 or new text end section
462.36, subdivision
7.31
; and
7.4(c) The part conveyed is part of or constitutes a subdivision as defined in section
462.352,
7.5subdivision 12
.
7.6 Subd. 2. Conditions allowing transfer. new text begin (a) new text end Notwithstanding the provisions of subdivision
7.71, the county auditor may transfer or divide the land and its net tax capacity and
may certify
7.8the instrument if the instrument contains a certification by the clerk of the municipalitynew text begin or new text end
7.9new text begin designated county planning officialnew text end :
7.10(a)new text begin (1)new text end that the municipality'snew text begin or county'snew text end subdivision regulations do not apply;
7.11(b)new text begin (2)new text end that the subdivision has been approved by the governing body of the municipalitynew text begin new text end
7.12new text begin or countynew text end ; or
7.13(c)new text begin (3)new text end that the restrictions on the division of taxes and filing and recording have been
7.14waived by resolution of the governing body of the municipality new text begin or county new text end in the particular
7.15case because compliance would create an unnecessary hardship and failure to comply
would
7.16not interfere with the purpose of the regulations.
7.17new text begin (b) new text end If any of the conditions for certification by the municipalitynew text begin or countynew text end as provided
7.18in this subdivision exist and the municipalitynew text begin or countynew text end does not certify that they exist within
7.1924 hours after the instrument of conveyance has been presented to the clerk of the
7.20municipalitynew text begin or designated county planning officialnew text end , the provisions of subdivision 1 do not
7.21apply.
7.22new text begin (c) new text end If an unexecuted instrument is presented to the municipality new text begin or county new text end and any of
7.23the conditions for certification by the municipality new text begin or county new text end as provided in this subdivision
7.24exist, the unexecuted instrument must be certified by the clerk of the municipalitynew text begin or the new text end
7.25new text begin designated county planning officialnew text end .
7.26 Subd. 3. Applicability of restrictions. new text begin (a) new text end This section does not apply to the exceptions
7.27set forth in section
272.12.
7.28new text begin (b) new text end This section applies only to land within municipalities new text begin or counties new text end which choose to
7.29be governed by its provisions. A municipality new text begin or county new text end may choose to have this section
7.30apply to the property within its boundaries by filing a certified copy of a resolution
of its
7.31governing body making that choice with the auditor and recorder of the county in which
it
7.32is located.
7.33new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
8.1 Sec. 9. Minnesota Statutes 2016, section 273.124, subdivision 3a, is amended to read:
8.2 Subd. 3a. Manufactured home park cooperative. (a) When a manufactured home park
8.3is owned by a corporation or association organized under chapter 308A or 308B, and
each
8.4person who owns a share or shares in the corporation or association is entitled to
occupy a
8.5lot within the park, the corporation or association may claim homestead treatment
for the
8.6park. Each lot must be designated by legal description or number, and each lot is
limited to
8.7not more than one-half acre of land.
8.8 (b) The manufactured home park shall be entitled to homestead treatment if all of
the
8.9following criteria are met:
8.10 (1) the occupant or the cooperative corporation or association is paying the ad valorem
8.11property taxes and any special assessments levied against the land and structure either
8.12directly, or indirectly through dues to the corporation or association; and
8.13 (2) the corporation or association organized under chapter 308A or 308B is wholly
8.14owned by persons having a right to occupy a lot owned by the corporation or association.
8.15 (c) A charitable corporation, organized under the laws of Minnesota with no outstanding
8.16stock, and granted a ruling by the Internal Revenue Service for 501(c)(3) tax-exempt
status,
8.17qualifies for homestead treatment with respect to a manufactured home park if its
members
8.18hold residential participation warrants entitling them to occupy a lot in the manufactured
8.19home park.
8.20 (d) "Homestead treatment" under this subdivision means the classification rate provided
8.21for class 4c property classified under section
273.13, subdivision 25, paragraph (d), clause
8.22(5), item (ii).new text begin , andnew text end the homestead market value exclusion under section
273.13, subdivision
8.2335, does not apply and the property taxes assessed against the park shall not be included in
8.24the determination of taxes payable for rent paid under section
.
8.25new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with claims for taxes payable new text end
8.26new text begin in 2018.new text end
8.27 Sec. 10. Minnesota Statutes 2016, section 273.124, subdivision 14, is amended to read:
8.28 Subd. 14. Agricultural homesteads; special provisions. (a) Real estate of less than ten
8.29acres that is the homestead of its owner must be classified as class 2a under section
273.13,
8.30subdivision 23
, paragraph (a), if:
8.31 (1) the parcel on which the house is located is contiguous on at least two sides to
(i)
8.32agricultural land, (ii) land owned or administered by the United States Fish and Wildlife
9.1Service, or (iii) land administered by the Department of Natural Resources on which
in lieu
9.2taxes are paid under sections
477A.11 to
477A.14;
9.3 (2) its owner also owns a noncontiguous parcel of agricultural land that is at least
20
9.4acres;
9.5 (3) the noncontiguous land is located not farther than four townships or cities, or
a
9.6combination of townships or cities from the homestead; and
9.7 (4) the agricultural use value of the noncontiguous land and farm buildings is equal
to
9.8at least 50 percent of the market value of the house, garage, and one acre of land.
9.9 Homesteads initially classified as class 2a under the provisions of this paragraph
shall
9.10remain classified as class 2a, irrespective of subsequent changes in the use of adjoining
9.11properties, as long as the homestead remains under the same ownership, the owner owns
a
9.12noncontiguous parcel of agricultural land that is at least 20 acres, and the agricultural
use
9.13value qualifies under clause (4). Homestead classification under this paragraph is
limited
9.14to property that qualified under this paragraph for the 1998 assessment.
9.15 (b)(i) Agricultural property shall be classified as the owner's homestead, to the
same
9.16extent as other agricultural homestead property, if all of the following criteria
are met:
9.17 (1) the agricultural property consists of at least 40 acres including undivided government
9.18lots and correctional 40's;
9.19 (2) the owner, the owner's spouse, or a grandchild, child, sibling, or parent of the
owner
9.20or of the owner's spouse, is actively farming the agricultural property, either on
the person's
9.21own behalf as an individual or on behalf of a partnership operating a family farm,
family
9.22farm corporation, joint family farm venture, or limited liability company of which
the person
9.23is a partner, shareholder, or member;
9.24 (3) both the owner of the agricultural property and the person who is actively farming
9.25the agricultural property under clause (2), are Minnesota residents;
9.26 (4) neither the owner nor the spouse of the owner claims another agricultural homestead
9.27in Minnesota; and
9.28 (5) neither the owner nor the person actively farming the agricultural property lives
9.29farther than four townships or cities, or a combination of four townships or cities,
from the
9.30agricultural property, except that if the owner or the owner's spouse is required
to live in
9.31employer-provided housing, the owner or owner's spouse, whichever is actively farming
9.32the agricultural property, may live more than four townships or cities, or combination
of
9.33four townships or cities from the agricultural property.
10.1 The relationship under this paragraph may be either by blood or marriage.
10.2 (ii) Agricultural property held by a trustee under a trust is eligible for agricultural
10.3homestead classification under this paragraph if the qualifications in clause (i)
are met,
10.4except that "owner" means the grantor of the trust.
10.5 (iii) Property containing the residence of an owner who owns qualified property under
10.6clause (i) shall be classified as part of the owner's agricultural homestead, if that
property
10.7is also used for noncommercial storage or drying of agricultural crops.
10.8(iv)new text begin (iii)new text end As used in this paragraph, "agricultural property" means class 2a property and
10.9any class 2b property that is contiguous to and under the same ownership as the class
2a
10.10property.
10.11 (c) Noncontiguous land shall be included as part of a homestead under section
273.13,
10.12subdivision 23
, paragraph (a), only if the homestead is classified as class 2a and the detached
10.13land is located in the same township or city, or not farther than four townships or
cities or
10.14combination thereof from the homestead. Any taxpayer of these noncontiguous lands
must
10.15notify the county assessor that the noncontiguous land is part of the taxpayer's homestead,
10.16and, if the homestead is located in another county, the taxpayer must also notify
the assessor
10.17of the other county.
10.18 (d) Agricultural land used for purposes of a homestead and actively farmed by a person
10.19holding a vested remainder interest in it must be classified as a homestead under
section
10.20273.13, subdivision 23
, paragraph (a). If agricultural land is classified class 2a, any other
10.21dwellings on the land used for purposes of a homestead by persons holding vested remainder
10.22interests who are actively engaged in farming the property, and up to one acre of
the land
10.23surrounding each homestead and reasonably necessary for the use of the dwelling as
a home,
10.24must also be assessed class 2a.
10.25 (e) Agricultural land and buildings that were class 2a homestead property under section
10.26273.13, subdivision 23
, paragraph (a), for the 1997 assessment shall remain classified as
10.27agricultural homesteads for subsequent assessments if:
10.28 (1) the property owner abandoned the homestead dwelling located on the agricultural
10.29homestead as a result of the April 1997 floods;
10.30 (2) the property is located in the county of Polk, Clay, Kittson, Marshall, Norman,
or
10.31Wilkin;
11.1 (3) the agricultural land and buildings remain under the same ownership for the current
11.2assessment year as existed for the 1997 assessment year and continue to be used for
11.3agricultural purposes;
11.4 (4) the dwelling occupied by the owner is located in Minnesota and is within 30 miles
11.5of one of the parcels of agricultural land that is owned by the taxpayer; and
11.6 (5) the owner notifies the county assessor that the relocation was due to the 1997
floods,
11.7and the owner furnishes the assessor any information deemed necessary by the assessor
in
11.8verifying the change in dwelling. Further notifications to the assessor are not required
if the
11.9property continues to meet all the requirements in this paragraph and any dwellings
on the
11.10agricultural land remain uninhabited.
11.11 (f) Agricultural land and buildings that were class 2a homestead property under section
11.12273.13, subdivision 23
, paragraph (a), for the 1998 assessment shall remain classified
11.13agricultural homesteads for subsequent assessments if:
11.14 (1) the property owner abandoned the homestead dwelling located on the agricultural
11.15homestead as a result of damage caused by a March 29, 1998, tornado;
11.16 (2) the property is located in the county of Blue Earth, Brown, Cottonwood, LeSueur,
11.17Nicollet, Nobles, or Rice;
11.18 (3) the agricultural land and buildings remain under the same ownership for the current
11.19assessment year as existed for the 1998 assessment year;
11.20 (4) the dwelling occupied by the owner is located in this state and is within 50 miles
of
11.21one of the parcels of agricultural land that is owned by the taxpayer; and
11.22 (5) the owner notifies the county assessor that the relocation was due to a March
29,
11.231998, tornado, and the owner furnishes the assessor any information deemed necessary
by
11.24the assessor in verifying the change in homestead dwelling. For taxes payable in 1999,
the
11.25owner must notify the assessor by December 1, 1998. Further notifications to the assessor
11.26are not required if the property continues to meet all the requirements in this paragraph
and
11.27any dwellings on the agricultural land remain uninhabited.
11.28 (g) Agricultural property of a family farm corporation, joint family farm venture,
family
11.29farm limited liability company, or partnership operating a family farm as described
under
11.30subdivision 8 shall be classified homestead, to the same extent as other agricultural
homestead
11.31property, if all of the following criteria are met:
11.32 (1) the property consists of at least 40 acres including undivided government lots
and
11.33correctional 40's;
12.1 (2) a shareholder, member, or partner of that entity is actively farming the agricultural
12.2property;
12.3 (3) that shareholder, member, or partner who is actively farming the agricultural
property
12.4is a Minnesota resident;
12.5 (4) neither that shareholder, member, or partner, nor the spouse of that shareholder,
12.6member, or partner claims another agricultural homestead in Minnesota; and
12.7 (5) that shareholder, member, or partner does not live farther than four townships
or
12.8cities, or a combination of four townships or cities, from the agricultural property.
12.9 Homestead treatment applies under this paragraph for property leased to a family farm
12.10corporation, joint farm venture, limited liability company, or partnership operating
a family
12.11farm if legal title to the property is in the name of an individual who is a member,
shareholder,
12.12or partner in the entity.
12.13 (h) To be eligible for the special agricultural homestead under this subdivision,
an initial
12.14full application must be submitted to the county assessor where the property is located.
12.15Owners and the persons who are actively farming the property shall be required to
complete
12.16only a one-page abbreviated version of the application in each subsequent year provided
12.17that none of the following items have changed since the initial application:
12.18 (1) the day-to-day operation, administration, and financial risks remain the same;
12.19 (2) the owners and the persons actively farming the property continue to live within
the
12.20four townships or city criteria and are Minnesota residents;
12.21 (3) the same operator of the agricultural property is listed with the Farm Service
Agency;
12.22 (4) a Schedule F or equivalent income tax form was filed for the most recent year;
12.23 (5) the property's acreage is unchanged; and
12.24 (6) none of the property's acres have been enrolled in a federal or state farm program
12.25since the initial application.
12.26 The owners and any persons who are actively farming the property must include the
12.27appropriate Social Security numbers, and sign and date the application. If any of
the specified
12.28information has changed since the full application was filed, the owner must notify
the
12.29assessor, and must complete a new application to determine if the property continues
to
12.30qualify for the special agricultural homestead. The commissioner of revenue shall
prepare
12.31a standard reapplication form for use by the assessors.
13.1 (i) Agricultural land and buildings that were class 2a homestead property under section
13.2273.13, subdivision 23
, paragraph (a), for the 2007 assessment shall remain classified
13.3agricultural homesteads for subsequent assessments if:
13.4 (1) the property owner abandoned the homestead dwelling located on the agricultural
13.5homestead as a result of damage caused by the August 2007 floods;
13.6 (2) the property is located in the county of Dodge, Fillmore, Houston, Olmsted, Steele,
13.7Wabasha, or Winona;
13.8 (3) the agricultural land and buildings remain under the same ownership for the current
13.9assessment year as existed for the 2007 assessment year;
13.10 (4) the dwelling occupied by the owner is located in this state and is within 50 miles
of
13.11one of the parcels of agricultural land that is owned by the taxpayer; and
13.12 (5) the owner notifies the county assessor that the relocation was due to the August
2007
13.13floods, and the owner furnishes the assessor any information deemed necessary by the
13.14assessor in verifying the change in homestead dwelling. For taxes payable in 2009,
the
13.15owner must notify the assessor by December 1, 2008. Further notifications to the assessor
13.16are not required if the property continues to meet all the requirements in this paragraph
and
13.17any dwellings on the agricultural land remain uninhabited.
13.18 (j) Agricultural land and buildings that were class 2a homestead property under section
13.19273.13, subdivision 23
, paragraph (a), for the 2008 assessment shall remain classified as
13.20agricultural homesteads for subsequent assessments if:
13.21 (1) the property owner abandoned the homestead dwelling located on the agricultural
13.22homestead as a result of the March 2009 floods;
13.23 (2) the property is located in the county of Marshall;
13.24 (3) the agricultural land and buildings remain under the same ownership for the current
13.25assessment year as existed for the 2008 assessment year and continue to be used for
13.26agricultural purposes;
13.27 (4) the dwelling occupied by the owner is located in Minnesota and is within 50 miles
13.28of one of the parcels of agricultural land that is owned by the taxpayer; and
13.29 (5) the owner notifies the county assessor that the relocation was due to the 2009
floods,
13.30and the owner furnishes the assessor any information deemed necessary by the assessor
in
13.31verifying the change in dwelling. Further notifications to the assessor are not required
if the
14.1property continues to meet all the requirements in this paragraph and any dwellings
on the
14.2agricultural land remain uninhabited.
14.3new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning for property taxes payable in new text end
14.4new text begin 2018.new text end
14.5 Sec. 11. Minnesota Statutes 2016, section 273.124, subdivision 21, is amended to read:
14.6 Subd. 21. Trust property; homestead. Real or personal propertynew text begin , including agricultural new text end
14.7new text begin property,new text end held by a trustee under a trust is eligible for classification as homestead property
14.8if the property satisfies the requirements of paragraph (a), (b), (c), or (d)new text begin , or (e)new text end .
14.9 (a) The grantor or surviving spouse of the grantor of the trust occupies and uses
the
14.10property as a homestead.
14.11 (b) A relative or surviving relative of the grantor who meets the requirements of
14.12subdivision 1, paragraph (c), in the case of residential real estate; or subdivision
1, paragraph
14.13(d), in the case of agricultural property, occupies and uses the property as a homestead.
14.14 (c) A family farm corporation, joint farm venture, limited liability company, or partnership
14.15operating a family farm in which the grantor or the grantor's surviving spouse is
a
14.16shareholder, member, or partner rents the property; and, either (1) a shareholder,
member,
14.17or partner of the corporation, joint farm venture, limited liability company, or partnership
14.18occupies and uses the property as a homestead; or (2) the property is at least 40
acres,
14.19including undivided government lots and correctional 40's, and a shareholder, member,
or
14.20partner of the tenant-entity is actively farming the property on behalf of the corporation,
14.21joint farm venture, limited liability company, or partnership.
14.22 (d) A person who has received homestead classification for property taxes payable
in
14.232000 on the basis of an unqualified legal right under the terms of the trust agreement
to
14.24occupy the property as that person's homestead and who continues to use the property
as a
14.25homestead; or, a person who received the homestead classification for taxes payable
in 2005
14.26under paragraph (c) who does not qualify under paragraph (c) for taxes payable in
2006 or
14.27thereafter but who continues to qualify under paragraph (c) as it existed for taxes
payable
14.28in 2005.
14.29new text begin (e) The qualifications under subdivision 14, paragraph (b), clause (i), are met. For
new text end
14.30new text begin purposes of this paragraph, "owner" means the grantor of the trust or the surviving
spouse new text end
14.31new text begin of the grantor.new text end
14.32new text begin (f) For purposes of this subdivision, the following terms have the meanings given
them:new text end
15.1new text begin (1) "agricultural property" means the house, garage, other farm buildings and structures,
new text end
15.2new text begin and agricultural land;new text end
15.3new text begin (2) "agricultural land" has the meaning given in section 273.13, subdivision 23, except
new text end
15.4new text begin that the phrases "owned by same person" or "under the same ownership" as used in that
new text end
15.5new text begin subdivision mean and include contiguous tax parcels owned by:new text end
15.6new text begin (i) an individual and a trust of which the individual, the individual's spouse, or
the new text end
15.7new text begin individual's deceased spouse is the grantor; ornew text end
15.8new text begin (ii) different trusts of which the grantors of each trust are any combination of an
new text end
15.9new text begin individual, the individual's spouse, or the individual's deceased spouse; andnew text end
15.10 For purposes of this subdivision,new text begin (3)new text end "grantor" is defined asnew text begin meansnew text end the person creating
15.11or establishing a testamentary, inter Vivos, revocable or irrevocable trust by written
15.12instrument or through the exercise of a power of appointment.
15.13new text begin (g) Noncontiguous land is included as part of a homestead under this subdivision,
only new text end
15.14new text begin if the homestead is classified as class 2a, as defined in section 273.13, subdivision
23, and new text end
15.15new text begin the detached land is located in the same township or city, or not farther than four
townships new text end
15.16new text begin or cities or combination thereof from the homestead. Any taxpayer of these noncontiguous
new text end
15.17new text begin lands must notify the county assessor that the noncontiguous land is part of the taxpayer's
new text end
15.18new text begin homestead, and, if the homestead is located in another county, the taxpayer must also
notify new text end
15.19new text begin the assessor of the other county.new text end
15.20new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning for property taxes payable in new text end
15.21new text begin 2018.new text end
15.22 Sec. 12. Minnesota Statutes 2016, section 273.125, subdivision 8, is amended to read:
15.23 Subd. 8. Manufactured homes; sectional structures. (a) In this section, "manufactured
15.24home" means a structure transportable in one or more sections, which is built on a
permanent
15.25chassis, and designed to be used as a dwelling with or without a permanent foundation
when
15.26connected to the required utilities, and contains the plumbing, heating, air conditioning,
and
15.27electrical systems in it. Manufactured home includes any accessory structure that
is an
15.28addition or supplement to the manufactured home and, when installed, becomes a part
of
15.29the manufactured home.
15.30 (b) Except as provided in paragraph (c), a manufactured home that meets each of the
15.31following criteria must be valued and assessed as an improvement to real property,
the
15.32appropriate real property classification applies, and the valuation is subject to
review and
15.33the taxes payable in the manner provided for real property:
16.1 (1) the owner of the unit holds title to the land on which it is situated;
16.2 (2) the unit is affixed to the land by a permanent foundation or is installed at its
location
16.3in accordance with the Manufactured Home Building Code in sections
327.31 to
327.34,
16.4and rules adopted under those sections, or is affixed to the land like other real
property in
16.5the taxing district; and
16.6 (3) the unit is connected to public utilities, has a well and septic tank system,
or is serviced
16.7by water and sewer facilities comparable to other real property in the taxing district.
16.8 (c) A manufactured home that meets each of the following criteria must be assessed
at
16.9the rate provided by the appropriate real property classification but must be treated
as
16.10personal property, and the valuation is subject to review and the taxes payable in
the manner
16.11provided in this section:
16.12 (1) the owner of the unit is a lessee of the land under the terms of a lease, or the
unit is
16.13located in a manufactured home park but is not the homestead of the park owner;
16.14 (2) the unit is affixed to the land by a permanent foundation or is installed at its
location
16.15in accordance with the Manufactured Home Building Code contained in sections
327.31 to
16.16327.34
, and the rules adopted under those sections, or is affixed to the land like other
real
16.17property in the taxing district; and
16.18 (3) the unit is connected to public utilities, has a well and septic tank system,
or is serviced
16.19by water and sewer facilities comparable to other real property in the taxing district.
16.20 (d) Sectional structures must be valued and assessed as an improvement to real property
16.21if the owner of the structure holds title to the land on which it is located or is
a qualifying
16.22lessee of the land under section
273.19. In this paragraph "sectional structure" means a
16.23building or structural unit that has been in whole or substantial part manufactured
or
16.24constructed at an off-site location to be wholly or partially assembled on site alone
or with
16.25other units and attached to a permanent foundation.
16.26 (e) The commissioner of revenue may adopt rules under the Administrative Procedure
16.27Act to establish additional criteria for the classification of manufactured homes
and sectional
16.28structures under this subdivision.
16.29 (f) A storage shed, deck, or similar improvement constructed on property that is leased
16.30or rented as a site for a manufactured home, sectional structure, park trailer, or
travel trailer
16.31is taxable as provided in this section. In the case of property that is leased or
rented as a site
16.32for a travel trailer, a storage shed, deck, or similar improvement on the site that
is considered
16.33personal property under this paragraph is taxable only if its total estimated market
value is
17.1over $1,000new text begin $10,000new text end . The property is taxable as personal property to the lessee of the site
17.2if it is not owned by the owner of the site. The property is taxable as real estate
if it is owned
17.3by the owner of the site. As a condition of permitting the owner of the manufactured
home,
17.4sectional structure, park trailer, or travel trailer to construct improvements on
the leased or
17.5rented site, the owner of the site must obtain the permanent home address of the lessee
or
17.6user of the site. The site owner must provide the name and address to the assessor
upon
17.7request.
17.8 Sec. 13. Minnesota Statutes 2016, section 273.13, subdivision 22, is amended to read:
17.9 Subd. 22. Class 1. (a) Except as provided in subdivision 23 and in paragraphs (b) and
17.10(c), real estate which is residential and used for homestead purposes is class 1a.
In the case
17.11of a duplex or triplex in which one of the units is used for homestead purposes, the
entire
17.12property is deemed to be used for homestead purposes. The market value of class 1a
property
17.13must be determined based upon the value of the house, garage, and land.
17.14 The first $500,000 of market value of class 1a property has a net classification rate
of
17.15one percent of its market value; and the market value of class 1a property that exceeds
17.16$500,000 has a classification rate of 1.25 percent of its market value.
17.17 (b) Class 1b property includes homestead real estate or homestead manufactured homes
17.18used for the purposes of a homestead by:
17.19 (1) any person who is blind as defined in section
256D.35, or the blind person and the
17.20blind person's spouse;
17.21 (2) any person who is permanently and totally disabled or by the disabled person and
17.22the disabled person's spouse; or
17.23 (3) the surviving spouse of a permanently and totally disabled veteran homesteading
a
17.24property classified under this paragraph for taxes payable in 2008.
17.25 Property is classified and assessed under clause (2) only if the government agency
or
17.26income-providing source certifies, upon the request of the homestead occupant, that
the
17.27homestead occupant satisfies the disability requirements of this paragraph, and that
the
17.28property is not eligible for the valuation exclusion under subdivision 34.
17.29 Property is classified and assessed under paragraph (b) only if the commissioner of
17.30revenue or the county assessor certifies that the homestead occupant satisfies the
requirements
17.31of this paragraph.
18.1 Permanently and totally disabled for the purpose of this subdivision means a condition
18.2which is permanent in nature and totally incapacitates the person from working at
an
18.3occupation which brings the person an income. The first $50,000 market value of class
1b
18.4property has a net classification rate of .45 percent of its market value. The remaining
market
18.5value of class 1b property has a classification rate using the rates for class 1a
or class 2a
18.6property, whichever is appropriate, of similar market value.
18.7 (c) Class 1c property is commercial use real and personal property that abuts public
18.8water as defined in section
103G.005, subdivision 15, new text begin or abuts a state trail administered by new text end
18.9new text begin the Department of Natural Resources, new text end and is devoted to temporary and seasonal residential
18.10occupancy for recreational purposes but not devoted to commercial purposes for more
than
18.11250 days in the year preceding the year of assessment, and that includes a portion
used as
18.12a homestead by the owner, which includes a dwelling occupied as a homestead by a
18.13shareholder of a corporation that owns the resort, a partner in a partnership that
owns the
18.14resort, or a member of a limited liability company that owns the resort even ifnew text begin , whethernew text end the
18.15title to the homestead is held by the corporation, partnership, or limited liability
companynew text begin , new text end
18.16new text begin or by a shareholder of a corporation who owns the resort, a partner in a partnership
who new text end
18.17new text begin owns the resort, or a member of a limited liability company who owns the resortnew text end . For
18.18purposes of this paragraph, property is devoted to a commercial purpose on a specific
day
18.19if any portion of the property, excluding the portion used exclusively as a homestead,
is
18.20used for residential occupancy and a fee is charged for residential occupancy. Class
1c
18.21property must contain three or more rental units. A "rental unit" is defined as a
cabin,
18.22condominium, townhouse, sleeping room, or individual camping site equipped with water
18.23and electrical hookups for recreational vehicles. Class 1c property must provide recreational
18.24activities such as the rental of ice fishing houses, boats and motors, snowmobiles,
downhill
18.25or cross-country ski equipment; provide marina services, launch services, or guide
services;
18.26or sell bait and fishing tackle. Any unit in which the right to use the property is
transferred
18.27to an individual or entity by deeded interest, or the sale of shares or stock, no
longer qualifies
18.28for class 1c even though it may remain available for rent. A camping pad offered for
rent
18.29by a property that otherwise qualifies for class 1c is also class 1c, regardless of
the term of
18.30the rental agreement, as long as the use of the camping pad does not exceed 250 days.
If
18.31the same owner owns two separate parcels that are located in the same township, and
one
18.32of those properties is classified as a class 1c property and the other would be eligible
to be
18.33classified as a class 1c property if it was used as the homestead of the owner, both
properties
18.34will be assessed as a single class 1c property; for purposes of this sentence, properties
are
18.35deemed to be owned by the same owner if each of them is owned by a limited liability
18.36company, and both limited liability companies have the same membership. The portion
of
19.1the property used as a homestead is class 1a property under paragraph (a). The remainder
19.2of the property is classified as follows: the first $600,000 of market value is tier
I, the next
19.3$1,700,000 of market value is tier II, and any remaining market value is tier III.
The
19.4classification rates for class 1c are: tier I, 0.50 percent; tier II, 1.0 percent;
and tier III, 1.25
19.5percent. Owners of real and personal property devoted to temporary and seasonal residential
19.6occupancy for recreation purposes in which all or a portion of the property was devoted
to
19.7commercial purposes for not more than 250 days in the year preceding the year of assessment
19.8desiring classification as class 1c, must submit a declaration to the assessor designating
the
19.9cabins or units occupied for 250 days or less in the year preceding the year of assessment
19.10by January 15 of the assessment year. Those cabins or units and a proportionate share
of
19.11the land on which they are located must be designated as class 1c as otherwise provided.
19.12The remainder of the cabins or units and a proportionate share of the land on which
they
19.13are located must be designated as class 3a commercial. The owner of property desiring
19.14designation as class 1c property must provide guest registers or other records demonstrating
19.15that the units for which class 1c designation is sought were not occupied for more
than 250
19.16days in the year preceding the assessment if so requested. The portion of a property
operated
19.17as a (1) restaurant, (2) bar, (3) gift shop, (4) conference center or meeting room,
and (5)
19.18other nonresidential facility operated on a commercial basis not directly related
to temporary
19.19and seasonal residential occupancy for recreation purposes does not qualify for class
1c.
19.20 (d) Class 1d property includes structures that meet all of the following criteria:
19.21 (1) the structure is located on property that is classified as agricultural property
under
19.22section
273.13, subdivision 23;
19.23 (2) the structure is occupied exclusively by seasonal farm workers during the time
when
19.24they work on that farm, and the occupants are not charged rent for the privilege of
occupying
19.25the property, provided that use of the structure for storage of farm equipment and
produce
19.26does not disqualify the property from classification under this paragraph;
19.27 (3) the structure meets all applicable health and safety requirements for the appropriate
19.28season; and
19.29 (4) the structure is not salable as residential property because it does not comply
with
19.30local ordinances relating to location in relation to streets or roads.
19.31 The market value of class 1d property has the same classification rates as class 1a
property
19.32under paragraph (a).
19.33new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with taxes payable in 2018.new text end
20.1 Sec. 14. Minnesota Statutes 2016, section 273.13, subdivision 23, is amended to read:
20.2 Subd. 23. Class 2. (a) An agricultural homestead consists of class 2a agricultural land
20.3that is homesteaded, along with any class 2b rural vacant land that is contiguous
to the class
20.42a land under the same ownership. The market value of the house and garage and immediately
20.5surrounding one acre of land has the same classification rates as class 1a or 1b property
20.6under subdivision 22. The value of the remaining land including improvements up to
the
20.7first tier valuation limit of agricultural homestead property has a classification
rate of 0.5
20.8percent of market value. The remaining property over the first tier has a classification
rate
20.9of one percent of market value. For purposes of this subdivision, the "first tier
valuation
20.10limit of agricultural homestead property" and "first tier" means the limit certified
under
20.11section
273.11, subdivision 23.
20.12 (b) Class 2a agricultural land consists of parcels of property, or portions thereof,
that
20.13are agricultural land and buildings. Class 2a property has a classification rate of
one percent
20.14of market value, unless it is part of an agricultural homestead under paragraph (a).
Class 2a
20.15property must also include any property that would otherwise be classified as 2b,
but is
20.16interspersed with class 2a property, including but not limited to sloughs, wooded
wind
20.17shelters, acreage abutting ditches, ravines, rock piles, land subject to a setback
requirement,
20.18and other similar land that is impractical for the assessor to value separately from
the rest
20.19of the property or that is unlikely to be able to be sold separately from the rest
of the property.
20.20 An assessor may classify the part of a parcel described in this subdivision that is
used
20.21for agricultural purposes as class 2a and the remainder in the class appropriate to
its use.
20.22 (c) Class 2b rural vacant land consists of parcels of property, or portions thereof,
that
20.23are unplatted real estate, rural in character and not used for agricultural purposes,
including
20.24land used for growing trees for timber, lumber, and wood and wood products, that is
not
20.25improved with a structure. The presence of a minor, ancillary nonresidential structure
as
20.26defined by the commissioner of revenue does not disqualify the property from classification
20.27under this paragraph. Any parcel of 20 acres or more improved with a structure that
is not
20.28a minor, ancillary nonresidential structure must be split-classified, and ten acres
must be
20.29assigned to the split parcel containing the structure. Class 2b property has a classification
20.30rate of one percent of market value unless it is part of an agricultural homestead
under
20.31paragraph (a), or qualifies as class 2c under paragraph (d).
20.32 (d) Class 2c managed forest land consists of no less than 20 and no more than 1,920
20.33acres statewide per taxpayer that is being managed under a forest management plan
that
20.34meets the requirements of chapter 290C, but is not enrolled in the sustainable forest
resource
21.1management incentive program. It has a classification rate of .65 percent, provided
that the
21.2owner of the property must apply to the assessor in order for the property to initially
qualify
21.3for the reduced rate and provide the information required by the assessor to verify
that the
21.4property qualifies for the reduced rate. If the assessor receives the application
and information
21.5before May 1 in an assessment year, the property qualifies beginning with that assessment
21.6year. If the assessor receives the application and information after April 30 in an
assessment
21.7year, the property may not qualify until the next assessment year. The commissioner
of
21.8natural resources must concur that the land is qualified. The commissioner of natural
21.9resources shall annually provide county assessors verification information on a timely
basis.
21.10The presence of a minor, ancillary nonresidential structure as defined by the commissioner
21.11of revenue does not disqualify the property from classification under this paragraph.
21.12 (e) Agricultural land as used in this section means:
21.13 (1) contiguous acreage of ten acres or more, used during the preceding year for
21.14agricultural purposes; or
21.15 (2) contiguous acreage used during the preceding year for an intensive livestock or
21.16poultry confinement operation, provided that land used only for pasturing or grazing
does
21.17not qualify under this clause.
21.18 "Agricultural purposes" as used in this section means the raising, cultivation, drying,
or
21.19storage of agricultural products for sale, or the storage of machinery or equipment
used in
21.20support of agricultural production by the same farm entity. For a property to be classified
21.21as agricultural based only on the drying or storage of agricultural products, the
products
21.22being dried or stored must have been produced by the same farm entity as the entity
operating
21.23the drying or storage facility. "Agricultural purposes" also includes enrollment in
the Reinvest
21.24in Minnesota program under sections
103F.501 to
103F.535 or the federal Conservation
21.25Reserve Program as contained in Public Law 99-198 or a similar new text begin local, new text end statenew text begin ,new text end or federal
21.26conservation program if the property was classified as agricultural (i) under this
subdivision
21.27for taxes payable in 2003 because of its enrollment in a qualifying program and the
land
21.28remains enrolled or (ii) in the year prior to its enrollmentnew text begin . For purposes of this section, a new text end
21.29new text begin local conservation program means a program administered by a town, statutory or home
new text end
21.30new text begin rule charter city, or county, including a watershed district, water management organization,
new text end
21.31new text begin or soil and water conservation district, in which landowners voluntarily enroll land
and new text end
21.32new text begin receive incentive payments in exchange for use or other restrictions placed on the
landnew text end .
21.33Agricultural classification shall not be based upon the market value of any residential
21.34structures on the parcel or contiguous parcels under the same ownership.
22.1 "Contiguous acreage," for purposes of this paragraph, means all of, or a contiguous
22.2portion of, a tax parcel as described in section
272.193, or all of, or a contiguous portion
22.3of, a set of contiguous tax parcels under that section that are owned by the same
person.
22.4 (f) Agricultural land under this section also includes:
22.5 (1) contiguous acreage that is less than ten acres in size and exclusively used in
the
22.6preceding year for raising or cultivating agricultural products; or
22.7 (2) contiguous acreage that contains a residence and is less than 11 acres in size,
if the
22.8contiguous acreage exclusive of the house, garage, and surrounding one acre of land
was
22.9used in the preceding year for one or more of the following three uses:
22.10 (i) for an intensive grain drying or storage operation, or for intensive machinery
or
22.11equipment storage activities used to support agricultural activities on other parcels
of property
22.12operated by the same farming entity;
22.13 (ii) as a nursery, provided that only those acres used intensively to produce nursery
stock
22.14are considered agricultural land; or
22.15 (iii) for intensive market farming; for purposes of this paragraph, "market farming"
22.16means the cultivation of one or more fruits or vegetables or production of animal
or other
22.17agricultural products for sale to local markets by the farmer or an organization with
which
22.18the farmer is affiliated.
22.19 "Contiguous acreage," for purposes of this paragraph, means all of a tax parcel as
22.20described in section
272.193, or all of a set of contiguous tax parcels under that section that
22.21are owned by the same person.
22.22 (g) Land shall be classified as agricultural even if all or a portion of the agricultural
use
22.23of that property is the leasing to, or use by another person for agricultural purposes.
22.24 Classification under this subdivision is not determinative for qualifying under section
22.25273.111
.
22.26 (h) The property classification under this section supersedes, for property tax purposes
22.27only, any locally administered agricultural policies or land use restrictions that
define
22.28minimum or maximum farm acreage.
22.29 (i) The term "agricultural products" as used in this subdivision includes production
for
22.30sale of:
23.1 (1) livestock, dairy animals, dairy products, poultry and poultry products, fur-bearing
23.2animals, horticultural and nursery stock, fruit of all kinds, vegetables, forage,
grains, bees,
23.3and apiary products by the owner;
23.4 (2) fish bred for sale and consumption if the fish breeding occurs on land zoned for
23.5agricultural use;
23.6 (3) the commercial boarding of horses, which may include related horse training and
23.7riding instruction, if the boarding is done on property that is also used for raising
pasture
23.8to graze horses or raising or cultivating other agricultural products as defined in
clause (1);
23.9 (4) property which is owned and operated by nonprofit organizations used for equestrian
23.10activities, excluding racing;
23.11 (5) game birds and waterfowl bred and raised (i) on a game farm licensed under section
23.1297A.105
, provided that the annual licensing report to the Department of Natural Resources,
23.13which must be submitted annually by March 30 to the assessor, indicates that at least
500
23.14birds were raised or used for breeding stock on the property during the preceding
year and
23.15that the owner provides a copy of the owner's most recent schedule F; or (ii) for
use on a
23.16shooting preserve licensed under section
97A.115;
23.17 (6) insects primarily bred to be used as food for animals;
23.18 (7) trees, grown for sale as a crop, including short rotation woody crops, and not
sold
23.19for timber, lumber, wood, or wood products; and
23.20 (8) maple syrup taken from trees grown by a person licensed by the Minnesota
23.21Department of Agriculture under chapter 28A as a food processor.
23.22 (j) If a parcel used for agricultural purposes is also used for commercial or industrial
23.23purposes, including but not limited to:
23.24 (1) wholesale and retail sales;
23.25 (2) processing of raw agricultural products or other goods;
23.26 (3) warehousing or storage of processed goods; and
23.27 (4) office facilities for the support of the activities enumerated in clauses (1),
(2), and
23.28(3),
23.29the assessor shall classify the part of the parcel used for agricultural purposes
as class 1b,
23.302a, or 2b, whichever is appropriate, and the remainder in the class appropriate to
its use.
23.31The grading, sorting, and packaging of raw agricultural products for first sale is
considered
23.32an agricultural purpose. A greenhouse or other building where horticultural or nursery
24.1products are grown that is also used for the conduct of retail sales must be classified
as
24.2agricultural if it is primarily used for the growing of horticultural or nursery products
from
24.3seed, cuttings, or roots and occasionally as a showroom for the retail sale of those
products.
24.4Use of a greenhouse or building only for the display of already grown horticultural
or nursery
24.5products does not qualify as an agricultural purpose.
24.6 (k) The assessor shall determine and list separately on the records the market value
of
24.7the homestead dwelling and the one acre of land on which that dwelling is located.
If any
24.8farm buildings or structures are located on this homesteaded acre of land, their market
value
24.9shall not be included in this separate determination.
24.10 (l) Class 2d airport landing area consists of a landing area or public access area
of a
24.11privately owned public use airport. It has a classification rate of one percent of
market value.
24.12To qualify for classification under this paragraph, a privately owned public use airport
must
24.13be licensed as a public airport under section
360.018. For purposes of this paragraph, "landing
24.14area" means that part of a privately owned public use airport properly cleared, regularly
24.15maintained, and made available to the public for use by aircraft and includes runways,
24.16taxiways, aprons, and sites upon which are situated landing or navigational aids.
A landing
24.17area also includes land underlying both the primary surface and the approach surfaces
that
24.18comply with all of the following:
24.19 (i) the land is properly cleared and regularly maintained for the primary purposes
of the
24.20landing, taking off, and taxiing of aircraft; but that portion of the land that contains
facilities
24.21for servicing, repair, or maintenance of aircraft is not included as a landing area;
24.22 (ii) the land is part of the airport property; and
24.23 (iii) the land is not used for commercial or residential purposes.
24.24The land contained in a landing area under this paragraph must be described and certified
24.25by the commissioner of transportation. The certification is effective until it is
modified, or
24.26until the airport or landing area no longer meets the requirements of this paragraph.
For
24.27purposes of this paragraph, "public access area" means property used as an aircraft
parking
24.28ramp, apron, or storage hangar, or an arrival and departure building in connection
with the
24.29airport.
24.30 (m) Class 2e consists of land with a commercial aggregate deposit that is not actively
24.31being mined and is not otherwise classified as class 2a or 2b, provided that the land
is not
24.32located in a county that has elected to opt-out of the aggregate preservation program
as
24.33provided in section
273.1115, subdivision 6. It has a classification rate of one percent of
24.34market value. To qualify for classification under this paragraph, the property must
be at
25.1least ten contiguous acres in size and the owner of the property must record with
the county
25.2recorder of the county in which the property is located an affidavit containing:
25.3 (1) a legal description of the property;
25.4 (2) a disclosure that the property contains a commercial aggregate deposit that is
not
25.5actively being mined but is present on the entire parcel enrolled;
25.6 (3) documentation that the conditional use under the county or local zoning ordinance
25.7of this property is for mining; and
25.8 (4) documentation that a permit has been issued by the local unit of government or
the
25.9mining activity is allowed under local ordinance. The disclosure must include a statement
25.10from a registered professional geologist, engineer, or soil scientist delineating
the deposit
25.11and certifying that it is a commercial aggregate deposit.
25.12 For purposes of this section and section
273.1115, "commercial aggregate deposit"
25.13means a deposit that will yield crushed stone or sand and gravel that is suitable
for use as
25.14a construction aggregate; and "actively mined" means the removal of top soil and overburden
25.15in preparation for excavation or excavation of a commercial deposit.
25.16 (n) When any portion of the property under this subdivision or subdivision 22 begins
to
25.17be actively mined, the owner must file a supplemental affidavit within 60 days from
the
25.18day any aggregate is removed stating the number of acres of the property that is actively
25.19being mined. The acres actively being mined must be (1) valued and classified under
25.20subdivision 24 in the next subsequent assessment year, and (2) removed from the aggregate
25.21resource preservation property tax program under section
273.1115, if the land was enrolled
25.22in that program. Copies of the original affidavit and all supplemental affidavits
must be
25.23filed with the county assessor, the local zoning administrator, and the Department
of Natural
25.24Resources, Division of Land and Minerals. A supplemental affidavit must be filed each
25.25time a subsequent portion of the property is actively mined, provided that the minimum
25.26acreage change is five acres, even if the actual mining activity constitutes less
than five
25.27acres.
25.28 (o) The definitions prescribed by the commissioner under paragraphs (c) and (d) are
not
25.29rules and are exempt from the rulemaking provisions of chapter 14, and the provisions
in
25.30section
14.386 concerning exempt rules do not apply.
25.31new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with assessment year 2018.new text end
26.1 Sec. 15. Minnesota Statutes 2016, section 273.13, subdivision 25, is amended to read:
26.2 Subd. 25. Class 4. (a) Class 4a is residential real estate containing four or more units
26.3and used or held for use by the owner or by the tenants or lessees of the owner as
a residence
26.4for rental periods of 30 days or more, excluding property qualifying for class 4d.
Class 4a
26.5also includes hospitals licensed under sections
144.50 to
144.56, other than hospitals exempt
26.6under section
272.02, and contiguous property used for hospital purposes, without regard
26.7to whether the property has been platted or subdivided. The market value of class
4a property
26.8has a classification rate of 1.25 percent.
26.9 (b) Class 4b includes:
26.10 (1) residential real estate containing less than four units that does not qualify
as class
26.114bb, other than seasonal residential recreational property;
26.12 (2) manufactured homes not classified under any other provision;
26.13 (3) a dwelling, garage, and surrounding one acre of property on a nonhomestead farm
26.14classified under subdivision 23, paragraph (b) containing two or three units; and
26.15 (4) unimproved property that is classified residential as determined under subdivision
26.1633.
26.17 The market value of class 4b property has a classification rate of 1.25 percent.
26.18 (c) Class 4bb includesnew text begin :new text end
26.19 new text begin (1)new text end nonhomestead residential real estate containing one unit, other than seasonal
26.20residential recreational property, and a single family dwelling, garage,new text begin ;new text end
26.21 new text begin (2) single-family dwellings including garagesnew text end and new text begin the new text end surrounding one acre of property
26.22on a nonhomestead farmnew text begin farmsnew text end classified under subdivision 23, paragraph (b)new text begin ; andnew text end
26.23 new text begin (3) condominium-type storage units having individual legal descriptions that are not
new text end
26.24new text begin used for commercial purposesnew text end .
26.25 Class 4bb property has the same classification rates as class 1a property under subdivision
26.2622.
26.27 Property that has been classified as seasonal residential recreational property at
any time
26.28during which it has been owned by the current owner or spouse of the current owner
does
26.29not qualify for class 4bb.
26.30 (d) Class 4c property includes:
27.1 (1) except as provided in subdivision 22, paragraph (c), real and personal property
27.2devoted to commercial temporary and seasonal residential occupancy for recreation
purposes,
27.3for not more than 250 days in the year preceding the year of assessment. For purposes
of
27.4this clause, property is devoted to a commercial purpose on a specific day if any
portion of
27.5the property is used for residential occupancy, and a fee is charged for residential
occupancy.
27.6Class 4c property under this clause must contain three or more rental units. A "rental
unit"
27.7is defined as a cabin, condominium, townhouse, sleeping room, or individual camping
site
27.8equipped with water and electrical hookups for recreational vehicles. A camping pad
offered
27.9for rent by a property that otherwise qualifies for class 4c under this clause is
also class 4c
27.10under this clause regardless of the term of the rental agreement, as long as the use
of the
27.11camping pad does not exceed 250 days. In order for a property to be classified under
this
27.12clause, either (i) the business located on the property must provide recreational
activities,
27.13at least 40 percent of the annual gross lodging receipts related to the property must
be from
27.14business conducted during 90 consecutive days, and either (A) at least 60 percent
of all paid
27.15bookings by lodging guests during the year must be for periods of at least two consecutive
27.16nights; or (B) at least 20 percent of the annual gross receipts must be from charges
for
27.17providing recreational activities, or (ii) the business must contain 20 or fewer rental
units,
27.18and must be located in a township or a city with a population of 2,500 or less located
outside
27.19the metropolitan area, as defined under section
473.121, subdivision 2, that contains a portion
27.20of a state trail administered by the Department of Natural Resources. For purposes
of item
27.21(i)(A), a paid booking of five or more nights shall be counted as two bookings. Class
4c
27.22property also includes commercial use real property used exclusively for recreational
27.23purposes in conjunction with other class 4c property classified under this clause
and devoted
27.24to temporary and seasonal residential occupancy for recreational purposes, up to a
total of
27.25two acres, provided the property is not devoted to commercial recreational use for
more
27.26than 250 days in the year preceding the year of assessment and is located within two
miles
27.27of the class 4c property with which it is used. In order for a property to qualify
for
27.28classification under this clause, the owner must submit a declaration to the assessor
27.29designating the cabins or units occupied for 250 days or less in the year preceding
the year
27.30of assessment by January 15 of the assessment year. Those cabins or units and a proportionate
27.31share of the land on which they are located must be designated class 4c under this
clause
27.32as otherwise provided. The remainder of the cabins or units and a proportionate share
of
27.33the land on which they are located will be designated as class 3a. The owner of property
27.34desiring designation as class 4c property under this clause must provide guest registers
or
27.35other records demonstrating that the units for which class 4c designation is sought
were not
27.36occupied for more than 250 days in the year preceding the assessment if so requested.
The
28.1portion of a property operated as a (1) restaurant, (2) bar, (3) gift shop, (4) conference
center
28.2or meeting room, and (5) other nonresidential facility operated on a commercial basis
not
28.3directly related to temporary and seasonal residential occupancy for recreation purposes
28.4does not qualify for class 4c. For the purposes of this paragraph, "recreational activities"
28.5means renting ice fishing houses, boats and motors, snowmobiles, downhill or cross-country
28.6ski equipment; providing marina services, launch services, or guide services; or selling
bait
28.7and fishing tackle;
28.8 (2) qualified property used as a golf course if:
28.9 (i) it is open to the public on a daily fee basis. It may charge membership fees or
dues,
28.10but a membership fee may not be required in order to use the property for golfing,
and its
28.11green fees for golfing must be comparable to green fees typically charged by municipal
28.12courses; and
28.13 (ii) it meets the requirements of section
273.112, subdivision 3, paragraph (d).
28.14 A structure used as a clubhouse, restaurant, or place of refreshment in conjunction
with
28.15the golf course is classified as class 3a property;
28.16 (3) real property up to a maximum of three acres of land owned and used by a nonprofit
28.17community service oriented organization and not used for residential purposes on either
a
28.18temporary or permanent basis, provided that:
28.19 (i) the property is not used for a revenue-producing activity for more than six days
in
28.20the calendar year preceding the year of assessment; or
28.21 (ii) the organization makes annual charitable contributions and donations at least
equal
28.22to the property's previous year's property taxes and the property is allowed to be
used for
28.23public and community meetings or events for no charge, as appropriate to the size
of the
28.24facility.
28.25 For purposes of this clause:
28.26 (A) "charitable contributions and donations" has the same meaning as lawful gambling
28.27purposes under section
349.12, subdivision 25, excluding those purposes relating to the
28.28payment of taxes, assessments, fees, auditing costs, and utility payments;
28.29 (B) "property taxes" excludes the state general tax;
28.30 (C) a "nonprofit community service oriented organization" means any corporation,
28.31society, association, foundation, or institution organized and operated exclusively
for
28.32charitable, religious, fraternal, civic, or educational purposes, and which is exempt
from
29.1federal income taxation pursuant to section 501(c)(3), (8), (10), or (19) of the Internal
29.2Revenue Code; and
29.3 (D) "revenue-producing activities" shall include but not be limited to property or
that
29.4portion of the property that is used as an on-sale intoxicating liquor or 3.2 percent
malt
29.5liquor establishment licensed under chapter 340A, a restaurant open to the public,
bowling
29.6alley, a retail store, gambling conducted by organizations licensed under chapter
349, an
29.7insurance business, or office or other space leased or rented to a lessee who conducts
a
29.8for-profit enterprise on the premises.
29.9 Any portion of the property not qualifying under either item (i) or (ii) is class
3a. The
29.10use of the property for social events open exclusively to members and their guests
for periods
29.11of less than 24 hours, when an admission is not charged nor any revenues are received
by
29.12the organization shall not be considered a revenue-producing activity.
29.13 The organization shall maintain records of its charitable contributions and donations
29.14and of public meetings and events held on the property and make them available upon
29.15request any time to the assessor to ensure eligibility. An organization meeting the
requirement
29.16under item (ii) must file an application by May 1 with the assessor for eligibility
for the
29.17current year's assessment. The commissioner shall prescribe a uniform application
form
29.18and instructions;
29.19 (4) postsecondary student housing of not more than one acre of land that is owned
by a
29.20nonprofit corporation organized under chapter 317A and is used exclusively by a student
29.21cooperative, sorority, or fraternity for on-campus housing or housing located within
two
29.22miles of the border of a college campus;
29.23 (5)(i) manufactured home parks as defined in section
327.14, subdivision 3, excluding
29.24manufactured home parks described in section
273.124, subdivision 3a, and (ii) manufactured
29.25home parks as defined in section
327.14, subdivision 3, that are described in section
273.124,
29.26subdivision 3a
;
29.27 (6) real property that is actively and exclusively devoted to indoor fitness, health,
social,
29.28recreational, and related uses, is owned and operated by a not-for-profit corporation,
and is
29.29located within the metropolitan area as defined in section
473.121, subdivision 2;
29.30 (7) a leased or privately owned noncommercial aircraft storage hangar not exempt under
29.31section
272.01, subdivision 2, and the land on which it is located, provided that:
29.32 (i) the land is on an airport owned or operated by a city, town, county, Metropolitan
29.33Airports Commission, or group thereof; and
30.1 (ii) the land lease, or any ordinance or signed agreement restricting the use of the
leased
30.2premise, prohibits commercial activity performed at the hangar.
30.3 If a hangar classified under this clause is sold after June 30, 2000, a bill of sale
must be
30.4filed by the new owner with the assessor of the county where the property is located
within
30.560 days of the sale;
30.6 (8) a privately owned noncommercial aircraft storage hangar not exempt under section
30.7272.01, subdivision 2
, and the land on which it is located, provided that:
30.8 (i) the land abuts a public airport; and
30.9 (ii) the owner of the aircraft storage hangar provides the assessor with a signed
agreement
30.10restricting the use of the premises, prohibiting commercial use or activity performed
at the
30.11hangar; and
30.12 (9) residential real estate, a portion of which is used by the owner for homestead
purposes,
30.13and that is also a place of lodging, if all of the following criteria are met:
30.14 (i) rooms are provided for rent to transient guests that generally stay for periods
of 14
30.15or fewer days;
30.16 (ii) meals are provided to persons who rent rooms, the cost of which is incorporated
in
30.17the basic room rate;
30.18 (iii) meals are not provided to the general public except for special events on fewer
than
30.19seven days in the calendar year preceding the year of the assessment; and
30.20 (iv) the owner is the operator of the property.
30.21 The market value subject to the 4c classification under this clause is limited to
five rental
30.22units. Any rental units on the property in excess of five, must be valued and assessed
as
30.23class 3a. The portion of the property used for purposes of a homestead by the owner
must
30.24be classified as class 1a property under subdivision 22;
30.25 (10) real property up to a maximum of three acres and operated as a restaurant as
defined
30.26under section
157.15, subdivision 12, provided it: (i) is located on a lake as defined under
30.27section
103G.005, subdivision 15, paragraph (a), clause (3); and (ii) is either devoted to
30.28commercial purposes for not more than 250 consecutive days, or receives at least 60
percent
30.29of its annual gross receipts from business conducted during four consecutive months.
Gross
30.30receipts from the sale of alcoholic beverages must be included in determining the
property's
30.31qualification under item (ii). The property's primary business must be as a restaurant
and
30.32not as a bar. Gross receipts from gift shop sales located on the premises must be
excluded.
31.1Owners of real property desiring 4c classification under this clause must submit an
annual
31.2declaration to the assessor by February 1 of the current assessment year, based on
the
31.3property's relevant information for the preceding assessment year;
31.4(11) lakeshore and riparian property and adjacent land, not to exceed six acres, used
as
31.5a marina, as defined in section
86A.20, subdivision 5, which is made accessible to the public
31.6and devoted to recreational use for marina services. The marina owner must annually
provide
31.7evidence to the assessor that it provides services, including lake or river access
to the public
31.8by means of an access ramp or other facility that is either located on the property
of the
31.9marina or at a publicly owned site that abuts the property of the marina. No more
than 800
31.10feet of lakeshore may be included in this classification. Buildings used in conjunction
with
31.11a marina for marina services, including but not limited to buildings used to provide
food
31.12and beverage services, fuel, boat repairs, or the sale of bait or fishing tackle,
are classified
31.13as class 3a property; and
31.14(12) real and personal property devoted to noncommercial temporary and seasonal
31.15residential occupancy for recreation purposes.
31.16 Class 4c property has a classification rate of 1.5 percent of market value, except
that (i)
31.17each parcel of noncommercial seasonal residential recreational property under clause
(12)
31.18has the same classification rates as class 4bb property, (ii) manufactured home parks
assessed
31.19under clause (5), item (i), have the same classification rate as class 4b property,
and the
31.20market value of manufactured home parks assessed under clause (5), item (ii), has
a
31.21classification rate of 0.75 percent if more than 50 percent of the lots in the park
are occupied
31.22by shareholders in the cooperative corporation or association and a classification
rate of
31.23one percent if 50 percent or less of the lots are so occupied, (iii) commercial-use
seasonal
31.24residential recreational property and marina recreational land as described in clause
(11),
31.25has a classification rate of one percent for the first $500,000 of market value, and
1.25
31.26percent for the remaining market value, (iv) the market value of property described
in clause
31.27(4) has a classification rate of one percent, (v) the market value of property described
in
31.28clauses (2), (6), and (10) has a classification rate of 1.25 percent, and (vi) that portion of
31.29the market value of property in clause (9) qualifying for class 4c property has a
classification
31.30rate of 1.25 percentnew text begin , and (vii) property qualifying for classification under clause (3) that is new text end
31.31new text begin owned or operated by a congressionally chartered veterans organization has a classification
new text end
31.32new text begin rate of one percent. The commissioner of veterans affairs must provide a list of new text end
31.33new text begin congressionally chartered veterans organizations to the commissioner of revenue by
June new text end
31.34new text begin 30, 2017, and by January 1, 2018, and each year thereafternew text end .
32.1 (e) Class 4d property is qualifying low-income rental housing certified to the assessor
32.2by the Housing Finance Agency under section
273.128, subdivision 3. If only a portion of
32.3the units in the building qualify as low-income rental housing units as certified
under section
32.4273.128, subdivision 3
, only the proportion of qualifying units to the total number of units
32.5in the building qualify for class 4d. The remaining portion of the building shall
be classified
32.6by the assessor based upon its use. Class 4d also includes the same proportion of
land as
32.7the qualifying low-income rental housing units are to the total units in the building.
For all
32.8properties qualifying as class 4d, the market value determined by the assessor must
be based
32.9on the normal approach to value using normal unrestricted rents.
32.10 (f) The first tier of market value of class 4d property has a classification rate
of 0.75
32.11percent. The remaining value of class 4d property has a classification rate of 0.25
percent.
32.12For the purposes of this paragraph, the "first tier of market value of class 4d property"
means
32.13the market value of each housing unit up to the first tier limit. For the purposes
of this
32.14paragraph, all class 4d property value must be assigned to individual housing units.
The
32.15first tier limit is $100,000 for assessment year 2014. For subsequent years, the limit
is
32.16adjusted each year by the average statewide change in estimated market value of property
32.17classified as class 4a and 4d under this section for the previous assessment year,
excluding
32.18valuation change due to new construction, rounded to the nearest $1,000, provided,
however,
32.19that the limit may never be less than $100,000. Beginning with assessment year 2015,
the
32.20commissioner of revenue must certify the limit for each assessment year by November
1
32.21of the previous year.
32.22new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with taxes assessed in 2017 new text end
32.23new text begin and payable in 2018.new text end
32.24 Sec. 16. Minnesota Statutes 2016, section 273.13, subdivision 34, is amended to read:
32.25 Subd. 34. Homestead of disabled veteran or family caregiver. (a) All or a portion of
32.26the market value of property owned by a veteran and serving as the veteran's homestead
32.27under this section is excluded in determining the property's taxable market value
if the
32.28veteran has a service-connected disability of 70 percent or more as certified by the
United
32.29States Department of Veterans Affairs. To qualify for exclusion under this subdivision,
the
32.30veteran must have been honorably discharged from the United States armed forces, as
32.31indicated by United States Government Form DD214 or other official military discharge
32.32papers.
32.33 (b)(1) For a disability rating of 70 percent or more, $150,000 of market value is
excluded,
32.34except as provided in clause (2); and
33.1 (2) for a total (100 percent) and permanent disability, $300,000 of market value is
33.2excluded.
33.3 (c) If a disabled veteran qualifying for a valuation exclusion under paragraph (b),
clause
33.4(2), predeceases the veteran's spouse, and if upon the death of the veteran the spouse
holds
33.5the legal or beneficial title to the homestead and permanently resides there, the
exclusion
33.6shall carry over to the benefit of the veteran's spouse for the current taxes payable
year and
33.7for eight additional taxes payable years or until such time as the spouse remarries,
or sells,
33.8transfers, or otherwise disposes of the property, whichever comes first. Qualification
under
33.9this paragraph requires an annual application under paragraph (h)new text begin , and a spouse must notify new text end
33.10new text begin the assessor if there is a change in the spouse's marital status, ownership of the
property, or new text end
33.11new text begin use of the property as a permanent residencenew text end .
33.12(d) If the spouse of a member of any branch or unit of the United States armed forces
33.13who dies due to a service-connected cause while serving honorably in active service,
as
33.14indicated on United States Government Form DD1300 or DD2064, holds the legal or
33.15beneficial title to a homestead and permanently resides there, the spouse is entitled
to the
33.16benefit described in paragraph (b), clause (2), for eight taxes payable years, or
until such
33.17time as the spouse remarries or sells, transfers, or otherwise disposes of the property,
33.18whichever comes first.
33.19(e) If a veteran meets the disability criteria of paragraph (a) but does not own property
33.20classified as homestead in the state of Minnesota, then the homestead of the veteran's
primary
33.21family caregiver, if any, is eligible for the exclusion that the veteran would otherwise
qualify
33.22for under paragraph (b).
33.23 (f) In the case of an agricultural homestead, only the portion of the property consisting
33.24of the house and garage and immediately surrounding one acre of land qualifies for
the
33.25valuation exclusion under this subdivision.
33.26 (g) A property qualifying for a valuation exclusion under this subdivision is not
eligible
33.27for the market value exclusion under subdivision 35, or classification under subdivision
22,
33.28paragraph (b).
33.29 (h) To qualify for a valuation exclusion under this subdivision a property owner must
33.30apply to the assessor by July 1 of each assessment year, except that an annual reapplication
33.31is not required once a property has been accepted for a valuation exclusion under
paragraph
33.32(a) and qualifies for the benefit described in paragraph (b), clause (2), and the
property
33.33continues to qualify until there is a change in ownershipnew text begin of the first assessment year for new text end
33.34new text begin which the exclusion is soughtnew text end . For an application received after July 1 of any calendar year,
34.1the exclusion shall become effective for the following assessment year.new text begin Except as provided new text end
34.2new text begin in paragraph (c), the owner of a property that has been accepted for a valuation exclusion
new text end
34.3new text begin must notify the assessor if there is a change in ownership of the property or in the
use of new text end
34.4new text begin the property as a homestead.new text end
34.5(i) A first-time application by a qualifying spouse for the market value exclusion
under
34.6paragraph (d) must be made any time within two years of the death of the service member.
34.7(j) For purposes of this subdivision:
34.8(1) "active service" has the meaning given in section
190.05;
34.9(2) "own" means that the person's name is present as an owner on the property deed;
34.10(3) "primary family caregiver" means a person who is approved by the secretary of
the
34.11United States Department of Veterans Affairs for assistance as the primary provider
of
34.12personal care services for an eligible veteran under the Program of Comprehensive
Assistance
34.13for Family Caregivers, codified as United States Code, title 38, section 1720G; and
34.14(4) "veteran" has the meaning given the term in section
197.447.
34.15(k)new text begin If a veteran dying after December 31, 2011, did not apply for or receive the exclusion
new text end
34.16new text begin under paragraph (b), clause (2), before dying, the veteran's spouse is entitled to
the benefit new text end
34.17new text begin under paragraph (b), clause (2), for eight taxes payable years or until the spouse
remarries new text end
34.18new text begin or sells, transfers, or otherwise disposes of the property if:new text end
34.19new text begin (1) the spouse files a first-time application within two years of the death of the
service new text end
34.20new text begin member or by June 1, 2019, whichever is later;new text end
34.21new text begin (2) upon the death of the veteran, the spouse holds the legal or beneficial title
to the new text end
34.22new text begin homestead and permanently resides there;new text end
34.23new text begin (3) the veteran met the honorable discharge requirements of paragraph (a); andnew text end
34.24new text begin (4) the United States Department of Veterans Affairs certifies that:new text end
34.25new text begin (i) the veteran met the total (100 percent) and permanent disability requirement under
new text end
34.26new text begin paragraph (b), clause (2); ornew text end
34.27new text begin (ii) the spouse has been awarded dependency and indemnity compensation.new text end
34.28new text begin (l)new text end The purpose of this provision of law providing a level of homestead property tax
34.29relief for gravely disabled veterans, their primary family caregivers, and their surviving
34.30spouses is to help ease the burdens of war for those among our state's citizens who
bear
34.31those burdens most heavily.
35.1new text begin (m) By July 1, the county veterans service officer must certify the disability rating
of new text end
35.2new text begin each veteran receiving the benefit under paragraph (b) to the assessor.new text end
35.3new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with taxes payable in 2018.new text end
35.4 Sec. 17. new text begin [274.132] PROPERTY OVERVALUED.new text end
35.5 new text begin Subdivision 1.new text end new text begin Valuation appeals. new text end new text begin Notwithstanding any other law to the contrary, when new text end
35.6new text begin the value of a property is reduced by a local, special, or county board of appeal
and new text end
35.7new text begin equalization, the state board of equalization, an order from the Minnesota Tax Court,
or an new text end
35.8new text begin abatement to correct an error in valuation, a property owner may appeal the valuation
of new text end
35.9new text begin the property for the taxes payable year immediately preceding the year for which the
value new text end
35.10new text begin is reduced, provided that the valuation of the property for the immediately preceding
taxes new text end
35.11new text begin payable year was not previously appealed. An appeal under this subdivision may only
be new text end
35.12new text begin taken to the Minnesota Tax Court.new text end
35.13 new text begin Subd. 2.new text end new text begin Credit for overpayment of tax.new text end new text begin (a) The county auditor shall credit any refund new text end
35.14new text begin determined by the Minnesota Tax Court under subdivision 1 against the succeeding year's
new text end
35.15new text begin tax payable on the property according to the following schedule:new text end
35.16new text begin (1) if the refund is less than 25 percent of the total tax payable on the property
for the new text end
35.17new text begin current year, it shall be credited to the tax payable on the property in the succeeding
taxes new text end
35.18new text begin payable year; ornew text end
35.19new text begin (2) if the refund is 25 percent or more of the total tax payable on the property for
the new text end
35.20new text begin current year, beginning in the succeeding taxes payable year, it shall be credited
to the tax new text end
35.21new text begin payable on the property at a rate of 25 percent of the property taxes due per year
until new text end
35.22new text begin credited in full.new text end
35.23new text begin (b) The credit under this subdivision shall reduce the tax payable to each jurisdiction
in new text end
35.24new text begin proportion to the total tax payable on the property.new text end
35.25new text begin EFFECTIVE DATE.new text end new text begin This section is effective for appeals, orders, and abatements in new text end
35.26new text begin 2018 and thereafter.new text end
35.27 Sec. 18. Minnesota Statutes 2016, section 275.025, subdivision 1, is amended to read:
35.28 Subdivision 1. Levy amount. The state general levy is levied against
35.29commercial-industrial property and seasonal residential recreational property, as
defined
35.30in this section. The state general levy base amount is $592,000,000new text begin for commercial-industrial new text end
35.31new text begin property is $713,050,000new text end for taxes payable in 2002new text begin 2018 and thereafternew text end . For taxes payable
35.32in subsequent years, the levy base amount is increased each year by multiplying the
levy
36.1base amount for the prior year by the sum of one plus the rate of increase, if any,
in the
36.2implicit price deflator for government consumption expenditures and gross investment
for
36.3state and local governments prepared by the Bureau of Economic Analysts of the United
36.4States Department of Commerce for the 12-month period ending March 31 of the year
prior
36.5to the year the taxes are payable.new text begin The state general levy for seasonal-recreational property new text end
36.6new text begin is $43,130,000 for taxes payable in 2018 and thereafter.new text end The tax under this section is not
36.7treated as a local tax rate under section
469.177 and is not the levy of a governmental unit
36.8under chapters 276A and 473F.
36.9The commissioner shall increase or decrease the preliminary or final rate for a year
as
36.10necessary to account for errors and tax base changes that affected a preliminary or
final rate
36.11for either of the two preceding years. Adjustments are allowed to the extent that
the necessary
36.12information is available to the commissioner at the time the rates for a year must
be certified,
36.13and for the following reasons:
36.14(1) an erroneous report of taxable value by a local official;
36.15(2) an erroneous calculation by the commissioner; and
36.16(3) an increase or decrease in taxable value for commercial-industrial or seasonal
36.17residential recreational property reported on the abstracts of tax lists submitted
under section
36.18275.29
that was not reported on the abstracts of assessment submitted under section
270C.89
36.19for the same year.
36.20The commissioner may, but need not, make adjustments if the total difference in the
tax
36.21levied for the year would be less than $100,000.
36.22new text begin EFFECTIVE DATE.new text end new text begin This section is effective for taxes payable in 2018 and thereafter.new text end
36.23 Sec. 19. Minnesota Statutes 2016, section 275.025, subdivision 2, is amended to read:
36.24 Subd. 2. Commercial-industrial tax capacity. For the purposes of this section,
36.25"commercial-industrial tax capacity" means the tax capacity of all taxable property
classified
36.26as class 3 or class 5(1) under section
273.13, except fornew text begin excluding:new text end
36.27new text begin (1) the tax capacity attributable to the first $200,000 of market value of each parcel
of new text end
36.28new text begin commercial-industrial property as defined under section 273.13, subdivision 24, clauses
(1) new text end
36.29new text begin and (2);new text end
36.30new text begin (2)new text end electric generation attached machinery under class 3new text begin ;new text end and
36.31new text begin (3)new text end property described in section
473.625.
37.1County commercial-industrial tax capacity amounts are not adjusted for the captured
37.2net tax capacity of a tax increment financing district under section
469.177, subdivision 2,
37.3the net tax capacity of transmission lines deducted from a local government's total
net tax
37.4capacity under section
273.425, or fiscal disparities contribution and distribution net tax
37.5capacities under chapter 276A or 473F.new text begin For purposes of this subdivision, the procedures new text end
37.6new text begin for determining eligibility for tier 1 under section 273.13, subdivision 24, clauses
(1) and new text end
37.7new text begin (2), shall apply in determining the portion of a property eligible to be considered
within the new text end
37.8new text begin first $200,000 of market value.new text end
37.9new text begin EFFECTIVE DATE.new text end new text begin This section is effective for taxes payable in 2018 and thereafter.new text end
37.10 Sec. 20. Minnesota Statutes 2016, section 275.025, subdivision 4, is amended to read:
37.11 Subd. 4. Apportionment and levy of state general tax. Ninety-five percent of The
37.12state general tax must be levied by applying a uniform rate to all commercial-industrial
tax
37.13capacity and five percent of the state general tax must be levied by applying a uniform rate
37.14to all seasonal residential recreational tax capacity. On or before October 1 each
year, the
37.15commissioner of revenue shall certify the preliminary state general levy rates to
each county
37.16auditor that must be used to prepare the notices of proposed property taxes for taxes
payable
37.17in the following year. By January 1 of each year, the commissioner shall certify the
final
37.18state general levy ratenew text begin ratesnew text end to each county auditor that shall be used in spreading taxes.
37.19new text begin EFFECTIVE DATE.new text end new text begin This section is effective for taxes payable in 2018 and thereafter.new text end
37.20 Sec. 21. Minnesota Statutes 2016, section 275.025, is amended by adding a subdivision
37.21to read:
37.22 new text begin Subd. 5.new text end new text begin Underserved municipalities distribution.new text end new text begin (a) Any municipality that:new text end
37.23new text begin (1) lies wholly or partially within the metropolitan area as defined under section
473.121, new text end
37.24new text begin subdivision 2, but outside the transit taxing district as defined under section 473.446,
new text end
37.25new text begin subdivision 2; andnew text end
37.26new text begin (2) has a net fiscal disparities contribution equal to or greater than eight percent
of its new text end
37.27new text begin total taxable net tax capacity,new text end
37.28new text begin is eligible for a distribution from the proceeds of the state general levy imposed
on taxpayers new text end
37.29new text begin within the municipality.new text end
37.30new text begin (b) The distribution is equal to (1) the municipality's net tax capacity tax rate,
times (2) new text end
37.31new text begin the municipality's net fiscal disparities contribution in excess of eight percent
of its total new text end
38.1new text begin taxable net tax capacity; provided, however, that the distribution may not exceed
the tax new text end
38.2new text begin under this section imposed on taxpayers within the municipality.new text end
new text begin new text end 38.3new text begin (c) The distribution under this subdivision must be paid to the qualifying municipality
new text end
38.4new text begin at the same time taxes are settled under sections 276.09 to 276.111.new text end
38.5new text begin (d) For purposes of this subdivision, the following terms have the meanings given.new text end
38.6new text begin (1) "Municipality" means a home rule or statutory city, or a town, except that in
the case new text end
38.7new text begin of a city that lies only partially within the metropolitan area, municipality means
the portion new text end
38.8new text begin of the city lying within the metropolitan area.new text end
new text begin new text end 38.9new text begin (2) "Net fiscal disparities contribution" means a municipality's fiscal disparities
new text end
38.10new text begin contribution tax capacity minus its distribution net tax capacity.new text end
38.11new text begin (3) "Total taxable net tax capacity" means the total net tax capacity of all properties
in new text end
38.12new text begin the municipality under section 273.13 minus (i) the net fiscal disparities contribution,
and new text end
38.13new text begin (ii) the municipality's tax increment captured net tax capacity.new text end
38.14new text begin EFFECTIVE DATE.new text end new text begin This section is effective for taxes payable in 2018 and thereafter.new text end
38.15 Sec. 22. Minnesota Statutes 2016, section 275.066, is amended to read:
38.16275.066 SPECIAL TAXING DISTRICTS; DEFINITION.
38.17 For the purposes of property taxation and property tax state aids, the term "special
taxing
38.18districts" includes the following entities:
38.19 (1) watershed districts under chapter 103D;
38.20 (2) sanitary districts under sections
442A.01 to
442A.29;
38.21 (3) regional sanitary sewer districts under sections
115.61 to
115.67;
38.22 (4) regional public library districts under section
134.201;
38.23 (5) park districts under chapter 398;
38.24 (6) regional railroad authorities under chapter 398A;
38.25 (7) hospital districts under sections
447.31 to
447.38;
38.26 (8) St. Cloud Metropolitan Transit Commission under sections
458A.01 to
458A.15;
38.27 (9) Duluth Transit Authority under sections
458A.21 to
458A.37;
38.28 (10) regional development commissions under sections
462.381 to
462.398;
38.29 (11) housing and redevelopment authorities under sections
469.001 to
469.047;
39.1 (12) port authorities under sections
469.048 to
469.068;
39.2 (13) economic development authorities under sections
469.090 to
469.1081;
39.3 (14) Metropolitan Council under sections
473.123 to
473.549;
39.4 (15) Metropolitan Airports Commission under sections
473.601 to
473.679;
39.5 (16) Metropolitan Mosquito Control Commission under sections
473.701 to
473.716;
39.6 (17) Morrison County Rural Development Financing Authority under Laws 1982, chapter
39.7437, section 1;
39.8 (18) Croft Historical Park District under Laws 1984, chapter 502, article 13, section
6;
39.9 (19) East Lake County Medical Clinic District under Laws 1989, chapter 211, sections
39.101 to 6;
39.11 (20) Floodwood Area Ambulance District under Laws 1993, chapter 375, article 5,
39.12section 39;
39.13 (21) Middle Mississippi River Watershed Management Organization under sections
39.14103B.211
and
103B.241;
39.15 (22) emergency medical services special taxing districts under section 144F.01;
39.16 (23) a county levying under the authority of section
103B.241,
103B.245, or
103B.251new text begin , new text end
39.17new text begin or 103C.331new text end
;
39.18 (24) Southern St. Louis County Special Taxing District; Chris Jensen Nursing Home
39.19under Laws 2003, First Special Session chapter 21, article 4, section 12;
39.20 (25) an airport authority created under section
360.0426; and
39.21 (26) any other political subdivision of the state of Minnesota, excluding counties,
school
39.22districts, cities, and towns, that has the power to adopt and certify a property tax
levy to the
39.23county auditor, as determined by the commissioner of revenue.
39.24 Sec. 23. Minnesota Statutes 2016, section 276.017, subdivision 3, is amended to read:
39.25 Subd. 3. United States Postal Service postmarknew text begin Proof of timely paymentnew text end . The
39.26postmarknew text begin or registration marknew text end of the United States Postal Service qualifies as proof of timely
39.27mailing for this section. If the payment is sent by United States registered mail, the date of
39.28registration is the postmark date. If the payment is sent by United States certified
mail, the
39.29date of the United States Postal Service postmark on the receipt given to the person
presenting
39.30the payment for delivery is the date of mailing. Mailing, or the time of mailing, may also
40.1be established by new text begin a delivery service's records or new text end other available evidence except thatnew text begin .new text end The
40.2postmark of a private postage meter new text begin or internet stamp new text end may not be used as proof of a timely
40.3mailing made under this section.
40.4 Sec. 24. Minnesota Statutes 2016, section 279.01, subdivision 1, is amended to read:
40.5 Subdivision 1. Due dates; penalties. Except as provided in subdivisions 3 to 5, on May
40.616 or 21 days after the postmark date on the envelope containing the property tax
statement,
40.7whichever is later, a penalty accrues and thereafter is charged upon all unpaid taxes
on real
40.8estate on the current lists in the hands of the county treasurer. Thenew text begin (a) When the taxes against new text end
40.9new text begin any tract or lot exceed $100, one-half of the amount of tax due must be paid prior
to May new text end
40.10new text begin 16, and the remaining one-half must be paid prior to the following October 16. If
either tax new text end
40.11new text begin amount is unpaid as of its due date, anew text end penalty is new text begin imposed new text end at a rate of two percent on homestead
40.12property until May 31 and fournew text begin percent on nonhomestead property. If complete payment new text end
40.13new text begin has not been made by the first day of the month following either due date, an additional
new text end
40.14new text begin penalty of twonew text end percent on June 1. The penalty on nonhomestead property is at a rate of four
40.15percent until May 31new text begin homestead property new text end and eightnew text begin fournew text end percent on June 1. This penalty
40.16does not accrue until June 1 of each year, or 21 days after the postmark date on the
envelope
40.17containing the property tax statements, whichever is later, on commercial use real
property
40.18used for seasonal residential recreational purposes and classified as class 1c or
4c, and on
40.19other commercial use real property classified as class 3a, provided that over 60 percent
of
40.20the gross income earned by the enterprise on the class 3a property is earned during
the
40.21months of May, June, July, and August. In order for the first half of the tax due
on class 3a
40.22property to be paid after May 15 and before June 1, or 21 days after the postmark
date on
40.23the envelope containing the property tax statement, whichever is later, without penalty,
the
40.24owner of the property must attach an affidavit to the payment attesting to compliance
with
40.25the income provision of this subdivisionnew text begin nonhomestead property is imposednew text end . Thereafter,
40.26for both homestead and nonhomestead property, on the first day of each new text begin subsequent new text end month
40.27beginning July 1, up to and including October 1 followingnew text begin through Decembernew text end , an additional
40.28penalty of one percent for each month accrues and is charged on all such unpaid taxes
40.29provided that if the due date was extended beyond May 15 as the result of any delay in
40.30mailing property tax statements no additional penalty shall accrue if the tax is paid
by the
40.31extended due date. If the tax is not paid by the extended due date, then all penalties
that
40.32would have accrued if the due date had been May 15 shall be charged. When the taxes
40.33against any tract or lot exceed $100, one-half thereof may be paid prior to May 16
or 21
40.34days after the postmark date on the envelope containing the property tax statement,
whichever
40.35is later; and, if so paid, no penalty attaches; the remaining one-half may be paid
at any time
41.1prior to October 16 following, without penalty; but, if not so paid, then a penalty
of two
41.2percent accrues thereon for homestead property and a penalty of four percent on
41.3nonhomestead property. Thereafter, for homestead property, on the first day of November
41.4an additional penalty of four percent accrues and on the first day of December following,
41.5an additional penalty of two percent accrues and is charged on all such unpaid taxes.
41.6Thereafter, for nonhomestead property, on the first day of November and December
41.7following, an additional penalty of four percent for each month accrues and is charged
on
41.8all such unpaid taxes. If one-half of such taxes are not paid prior to May 16 or 21
days after
41.9the postmark date on the envelope containing the property tax statement, whichever
is later,
41.10the same may be paid at any time prior to October 16, with accrued penalties to the
date of
41.11payment added, and thereupon no penalty attaches to the remaining one-half until October
41.1216 followingnew text begin the penalty must not exceed eight percent in the case of homestead property, new text end
41.13new text begin or 12 percent in the case of nonhomestead propertynew text end .
new text begin new text end 41.14new text begin (b) If the property tax statement was not postmarked prior to April 25, the first
half new text end
41.15new text begin payment due date in paragraph (a) shall be 21 days from the postmark date of the property
new text end
41.16new text begin tax statement, and all penalties referenced in paragraph (a) shall be determined with
regard new text end
41.17new text begin to the later due date.new text end
41.18new text begin (c) In the case of a tract or lot with taxes of $100 or less, the due date and penalties
as new text end
41.19new text begin specified in paragraph (a) or (b) for the first half payment shall apply to the entire
amount new text end
41.20new text begin of the tax due.new text end
41.21new text begin (d) For commercial use real property used for seasonal residential recreational purposes
new text end
41.22new text begin and classified as class 1c or 4c, and on other commercial use real property classified
as class new text end
41.23new text begin 3a, provided that over 60 percent of the gross income earned by the enterprise on
the class new text end
41.24new text begin 3a property is earned during the months of May, June, July, and August, the first
half new text end
41.25new text begin payment is due prior to June 1. For a class 3a property to qualify for the later due
date, the new text end
41.26new text begin owner of the property must attach an affidavit to the payment attesting to compliance
with new text end
41.27new text begin the income requirements of this paragraph.new text end
41.28 new text begin (e) new text end This section applies to payment of personal property taxes assessed against
41.29improvements to leased property, except as provided by section
277.01, subdivision 3.
41.30 new text begin (f) new text end A county may provide by resolution that in the case of a property owner that has
41.31multiple tracts or parcels with aggregate taxes exceeding $100, payments may be made
in
41.32installments as provided in this subdivision.
41.33 new text begin (g) new text end The county treasurer may accept payments of more or less than the exact amount of
41.34a tax installment due. Payments must be applied first to the oldest installment that
is due
42.1but which has not been fully paid. If the accepted payment is less than the amount
due,
42.2payments must be applied first to the penalty accrued for the year or the installment
being
42.3paid. Acceptance of partial payment of tax does not constitute a waiver of the minimum
42.4payment required as a condition for filing an appeal under section
278.03 or any other law,
42.5nor does it affect the order of payment of delinquent taxes under section
280.39.
42.6new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with taxes payable in 2018.new text end
42.7 Sec. 25. Minnesota Statutes 2016, section 279.01, subdivision 2, is amended to read:
42.8 Subd. 2. Abatement of penalty. new text begin (a) new text end The county board may, with the concurrence of the
42.9county treasurer, delegate to the county treasurer the power to abate the penalty
provided
42.10for late payment of taxes in the current year. Notwithstanding section
270C.86, if any county
42.11board so elects, the county treasurer may abate the penalty on finding that the imposition
42.12of the penalty would be unjust and unreasonable.
42.13new text begin (b) The county treasurer shall abate the penalty provided for late payment of taxes
in new text end
42.14new text begin the current year if the property tax payment is delivered by mail to the county treasurer
and new text end
42.15new text begin the envelope containing the payment is postmarked by the United States Postal Service
new text end
42.16new text begin within one business day of the due date prescribed under this section, but only if
the property new text end
42.17new text begin owner requesting the abatement has not previously received an abatement of penalty
for new text end
42.18new text begin late payment of tax under this paragraph.new text end
42.19new text begin EFFECTIVE DATE.new text end new text begin This section is effective for property taxes payable in 2018 and new text end
42.20new text begin thereafter.new text end
42.21 Sec. 26. Minnesota Statutes 2016, section 279.01, subdivision 3, is amended to read:
42.22 Subd. 3. Agricultural property. (a) In the case of class 1b agricultural homestead, class
42.232a agricultural homestead property, and class 2a agricultural nonhomestead property, new text begin and new text end
42.24new text begin class 2b rural vacant land, new text end no penalties shall attach to the second one-half property tax
42.25payment as provided in this section if paid by November 15. Thereafter for class 1b
42.26agricultural homestead and class 2a homestead property, on November 16 following,
a
42.27penalty of six percent shall accrue and be charged on all such unpaid taxes and on
December
42.281 following, an additional two percent shall be charged on all such unpaid taxes.
Thereafter
42.29for class 2a agricultural nonhomestead property, on November 16 following, a penalty
of
42.30eight percent shall accrue and be charged on all such unpaid taxes and on December
1
42.31following, an additional four percent shall be charged on all such unpaid taxesnew text begin , penalties new text end
42.32new text begin shall attach as provided in subdivision 1new text end .
43.1If the owner of class 1b agricultural homestead or class 2a agricultural property
receives
43.2a consolidated property tax statement that shows only an aggregate of the taxes and
special
43.3assessments due on that property and on other property not classified as class 1b
agricultural
43.4homestead or class 2a agricultural property, the aggregate tax and special assessments
shown
43.5due on the property by the consolidated statement will be due on November 15.
43.6(b) Notwithstanding paragraph (a), for taxes payable in 2010 and 2011, for any class
2b
43.7property that was subject to a second-half due date of November 15 for taxes payable
in
43.82009, the county shall not impose, or if imposed, shall abate penalty amounts in excess
of
43.9those that would apply as if the second-half due date were November 15.
43.10new text begin EFFECTIVE DATE.new text end new text begin (a) Except as provided in paragraph (b), this section is effective new text end
43.11new text begin beginning with taxes payable in 2018.new text end
43.12new text begin (b) For property in the northern forest region, the provisions in this section applicable
new text end
43.13new text begin to class 2b rural vacant land are effective beginning with taxes payable in 2019.new text end
43.14 Sec. 27. Minnesota Statutes 2016, section 279.37, is amended by adding a subdivision to
43.15read:
43.16 new text begin Subd. 1b.new text end new text begin Conditions.new text end new text begin The county auditor may offer on a voluntary basis financial new text end
43.17new text begin literacy counseling as part of entering into a confession of judgment. The county
auditor new text end
43.18new text begin may fund the financial literacy counseling using the fee in subdivision 8. The counseling
new text end
43.19new text begin shall not be at taxpayer expense.new text end
43.20 Sec. 28. Minnesota Statutes 2016, section 281.17, is amended to read:
43.21281.17 PERIOD FOR new text begin OF new text end REDEMPTION.
43.22new text begin (a) new text end Except for propertiesnew text begin described in paragraphs (b) and (c), or propertiesnew text end for which the
43.23period of redemption has been limited under sections
281.173 and
281.174, the following
43.24periods for new text begin period of new text end redemption apply.
43.25The period of redemption for all lands sold to the state at a tax judgment sale shall be
43.26three years from the date of sale to the state of Minnesota.
43.27The period of redemption for homesteaded lands as defined in section
273.13, subdivision
43.2822
, located in a targeted neighborhood as defined in Laws 1987, chapter 386, article
6,
43.29section 4, and sold to the state at a tax judgment sale is three years from the date
of sale.
43.30new text begin (b) new text end The period of redemption for all lands located in a targeted neighborhoodnew text begin communitynew text end
43.31as defined in Laws 1987, chapter 386, article 6, section 4new text begin section 469.201, subdivision 10new text end ,
44.1except homesteaded lands as defined in section
273.13, subdivision 22, is one year from
44.2the date of sale.
44.3new text begin (c) new text end The period of redemption for all real property constituting a mixed municipal solid
44.4waste disposal facility that is a qualified facility under section
115B.39, subdivision 1, is
44.5one year from the date of the sale to the state of Minnesota.
44.6new text begin (d) In determining the period of redemption, the county must use the property's new text end
44.7new text begin classification and homestead classification for the assessment year on which the tax
judgment new text end
44.8new text begin is based. Any change in the property's classification or homestead classification
after the new text end
44.9new text begin assessment year on which the tax judgment is based does not affect the period of redemption.new text end
44.10 Sec. 29. Minnesota Statutes 2016, section 281.173, subdivision 2, is amended to read:
44.11 Subd. 2. Summons and complaint. Any city,new text begin county,new text end housing and redevelopment
44.12authority, port authority, or economic development authority, in which the premises
are
44.13located may commence an action in district court to reduce the period otherwise allowed
44.14for redemption under this chapter. The action must be commenced by the filing of a
44.15complaint, naming as defendants the record fee owners or the owner's personal representative,
44.16or the owner's heirs as determined by a court of competent jurisdiction, contract
for deed
44.17purchasers, mortgagees, assigns of any of the above, the taxpayers as shown on the
records
44.18of the county auditor, the Internal Revenue Service of the United States and the Revenue
44.19Department of the state of Minnesota if tax liens against the owners or contract for
deed
44.20purchasers have been recorded or filed; and any other person the plaintiff determines
should
44.21be made a party. The action shall be filed in district court for the county in which
the premises
44.22are located. The complaint must identify the premises by legal description. The complaint
44.23must allege (1) that the premises are abandoned, (2) that the tax judgment sale pursuant
to
44.24section
280.01 has been made, and (3) notice of expiration of the time for redemption has
44.25not been given.
44.26The complaint must request an order reducing the redemption period to five weeks.
44.27When the complaint has been filed, the court shall issue a summons commanding the
person
44.28or persons named in the complaint to appear before the court on a day and at a place
stated
44.29in the summons. The appearance date shall be not less than 15 nor more than 25 days
from
44.30the date of the issuing of the summons. A copy of the filed complaint must be attached
to
44.31the summons.
45.1 Sec. 30. Minnesota Statutes 2016, section 281.174, subdivision 3, is amended to read:
45.2 Subd. 3. Summons and complaint. Any city,new text begin county,new text end housing and redevelopment
45.3authority, port authority, or economic development authority in which the property
is located
45.4may commence an action in district court to reduce the period otherwise allowed for
45.5redemption under this chapter from the date of the requested order. The action must
be
45.6commenced by the filing of a complaint, naming as defendants the record fee owners
or the
45.7owner's personal representative, or the owner's heirs as determined by a court of
competent
45.8jurisdiction, contract for deed purchasers, mortgagees, assigns of any of the above,
the
45.9taxpayers as shown on the records of the county auditor, the Internal Revenue Service
of
45.10the United States and the revenue department of the state of Minnesota if tax liens
against
45.11the owners or contract for deed purchasers have been recorded or filed, and any other
person
45.12the plaintiff determines should be made a party. The action shall be filed in district
court
45.13for the county in which the property is located. The complaint must identify the property
45.14by legal description. The complaint must allege (1) that the property is vacant, (2)
that the
45.15tax judgment sale under section
280.01 has been made, and (3) notice of expiration of the
45.16time for redemption has not been given.
45.17The complaint must request an order reducing the redemption period to five weeks.
45.18When the complaint has been filed, the court shall issue a summons commanding the
person
45.19or persons named in the complaint to appear before the court on a day and at a place
stated
45.20in the summons. The appearance date shall be not less than 15 nor more than 25 days
from
45.21the date of the issuing of the summons, except that, when the United States of America
is
45.22a party, the date shall be set in accordance with applicable federal law. A copy of
the filed
45.23complaint must be attached to the summons.
45.24 Sec. 31. new text begin [281.231] MAINTENANCE; EXPENDITURE OF PUBLIC FUNDS.new text end
45.25new text begin If the county auditor provides notice as required by section 281.23, the state, agency,
new text end
45.26new text begin political subdivision, or other entity that becomes the fee owner or manager of a
property new text end
45.27new text begin as a result of forfeiture due to nonpayment of real property taxes is not required
to expend new text end
45.28new text begin public funds to maintain any servitude, agreement, easement, or other encumbrance
affecting new text end
45.29new text begin the property. The fee owner or manager of a property may, at its discretion, spend
public new text end
45.30new text begin funds necessary for the maintenance, security, or management of the property.new text end
45.31 Sec. 32. new text begin [281.70] LIMITED RIGHT OF ENTRY.new text end
45.32 new text begin Subdivision 1.new text end new text begin Limited right of entry.new text end new text begin If premises described in a real estate tax judgment new text end
45.33new text begin sale are vacant or unoccupied, the county auditor or a person acting on behalf of
the county new text end
46.1new text begin auditor may, but is not obligated to, enter the premises to protect the premises from
waste new text end
46.2new text begin or trespass until the county auditor is notified that the premises are occupied. An
affidavit new text end
46.3new text begin of the sheriff, the county auditor, or a person acting on behalf of the county auditor
describing new text end
46.4new text begin the premises and stating that the premises are vacant and unoccupied is prima facie
evidence new text end
46.5new text begin of the facts stated in the affidavit. If the affidavit contains a legal description
of the premises, new text end
46.6new text begin the affidavit may be recorded in the office of the county recorder or the registrar
of titles in new text end
46.7new text begin the county where the premises are located.new text end
46.8 new text begin Subd. 2.new text end new text begin Authorized actions.new text end new text begin (a) The county auditor may take one or more of the new text end
46.9new text begin following actions to protect the premises from waste or trespass:new text end
46.10new text begin (1) install or change locks on doors and windows;new text end
46.11new text begin (2) board windows; andnew text end
46.12new text begin (3) other actions to prevent or minimize damage to the premises from the elements,
new text end
46.13new text begin vandalism, trespass, or other illegal activities.new text end
46.14new text begin (b) If the county auditor installs or changes locks on premises under paragraph (a),
the new text end
46.15new text begin county auditor must promptly deliver a key to the premises to the taxpayer or any
person new text end
46.16new text begin lawfully claiming through the taxpayer upon request.new text end
46.17 new text begin Subd. 3.new text end new text begin Costs.new text end new text begin Costs incurred by the county auditor in protecting the premises from new text end
46.18new text begin waste or trespass under this section may be added to the delinquent taxes due. The
costs new text end
46.19new text begin may bear interest to the extent provided, and interest may be added to the delinquent
taxes new text end
46.20new text begin due.new text end
46.21 new text begin Subd. 4.new text end new text begin Scope.new text end new text begin The actions authorized under this section are in addition to, and do not new text end
46.22new text begin limit or replace, any other rights or remedies available to the county auditor under
Minnesota new text end
46.23new text begin law.new text end
46.24 Sec. 33. Minnesota Statutes 2016, section 282.01, subdivision 4, is amended to read:
46.25 Subd. 4. Sale:new text begin ;new text end method,new text begin ;new text end requirements,new text begin ;new text end effects. new text begin (a) new text end The sale authorized under
46.26subdivision 3 must be conducted by the county auditor at the county seat of the county
in
46.27which the parcels lie, except that in St. Louis and Koochiching Counties, the sale
may be
46.28conducted in any county facility within the county. The sale must not be for less
than the
46.29appraised value except as provided in subdivision 7a. The parcels must be sold for
cash
46.30only, unless the county board of the county has adopted a resolution providing for
their sale
46.31on terms, in which event the resolution controls with respect to the sale. When the
sale is
46.32made on terms other than for cash only (1) a payment of at least ten percent of the
purchase
46.33price must be made at the time of purchase, and the balance must be paid in no more
than
47.1ten equal annual installments, or (2) the payments must be made in accordance with
county
47.2board policy, but in no event may the board require more than 12 installments annually,
47.3and the contract term must not be for more than ten years. Standing timber or timber
products
47.4must not be removed from these lands until an amount equal to the appraised value
of all
47.5standing timber or timber products on the lands at the time of purchase has been paid
by
47.6the purchaser. If a parcel of land bearing standing timber or timber products is sold
at public
47.7auction for more than the appraised value, the amount bid in excess of the appraised
value
47.8must be allocated between the land and the timber in proportion to their respective
appraised
47.9values. In that case, standing timber or timber products must not be removed from
the land
47.10until the amount of the excess bid allocated to timber or timber products has been
paid in
47.11addition to the appraised value of the land. The purchaser is entitled to immediate
possession,
47.12subject to the provisions of any existing valid lease made in behalf of the state.
47.13new text begin (b) new text end For sales occurring on or after July 1, 1982, the unpaid balance of the purchase price
47.14is subject to interest at the rate determined pursuant to section
549.09. The unpaid balance
47.15of the purchase price for sales occurring after December 31, 1990, is subject to interest
at
47.16the rate determined in section
279.03, subdivision 1a. The interest rate is subject to change
47.17each year on the unpaid balance in the manner provided for rate changes in section
549.09
47.18or
279.03, subdivision 1a, whichever, is applicable. Interest on the unpaid contract balance
47.19on sales occurring before July 1, 1982, is payable at the rate applicable to the sale
at the
47.20time that the sale occurred.
47.21new text begin (c) Notwithstanding subdivision 7, a county board may by resolution provide for the
new text end
47.22new text begin listing and sale of individual parcels by other means, including through a real estate
broker. new text end
47.23new text begin However, if the buyer under this paragraph could have repurchased a parcel of property
new text end
47.24new text begin under section 282.012 or 282.241, that buyer may not purchase that same parcel of
property new text end
47.25new text begin at the sale under this subdivision for a purchase price less than the sum of all taxes,
new text end
47.26new text begin assessments, penalties, interest, and costs due at the time of forfeiture computed
under new text end
47.27new text begin section 282.251, and any special assessments for improvements certified as of the
date of new text end
47.28new text begin sale. This subdivision shall be liberally construed to encourage the sale and utilization
of new text end
47.29new text begin tax-forfeited land in order to eliminate nuisances and dangerous conditions and to
increase new text end
47.30new text begin compliance with land use ordinances.new text end
47.31 Sec. 34. Minnesota Statutes 2016, section 282.01, subdivision 6, is amended to read:
47.32 Subd. 6. Duties of commissioner after sale. new text begin (a) new text end When any sale has been made by the
47.33county auditor under sections
282.01 to
282.13, the auditor shall immediately certify to the
47.34commissioner of revenue such information relating to such sale, on such forms as the
48.1commissioner of revenue may prescribe as will enable the commissioner of revenue to
48.2prepare an appropriate deed if the sale is for cash, or keep necessary records if
the sale is
48.3on terms; and not later than October 31 of each year the county auditor shall submit
to the
48.4commissioner of revenue a statement of all instances wherein any payment of principal,
48.5interest, or current taxes on lands held under certificate, due or to be paid during
the preceding
48.6calendar years, are still outstanding at the time such certificate is made. When such
statement
48.7shows that a purchaser or the purchaser's assignee is in default, the commissioner
of revenue
48.8may instruct the county board of the county in which the land is located to cancel
said
48.9certificate of sale in the manner provided by subdivision 5, provided that upon
48.10recommendation of the county board, and where the circumstances are such that the
48.11commissioner of revenue after investigation is satisfied that the purchaser has made
every
48.12effort reasonable to make payment of both the annual installment and said taxes, and
that
48.13there has been no willful neglect on the part of the purchaser in meeting these obligations,
48.14then the commissioner of revenue may extend the time for the payment for such period
as
48.15the commissioner may deem warranted, not to exceed one year. On payment in full of
the
48.16purchase price, appropriate conveyance in fee, in such form as may be prescribed by
the
48.17attorney general, shall be issued by the commissioner of revenue, which conveyance
must
48.18be recorded by the county and shall have the force and effect of a patent from the
state
48.19subject to easements and restrictions of record at the date of the tax judgment sale,
including,
48.20but without limitation, permits for telephone and electric power lines either by underground
48.21cable or conduit or otherwise, sewer and water lines, highways, railroads, and pipe
lines for
48.22gas, liquids, or solids in suspension.
48.23new text begin (b) The commissioner of revenue shall issue an appropriate conveyance in fee upon
the new text end
48.24new text begin receipt of a loan commitment or approval from the county auditor. For purposes of
this new text end
48.25new text begin paragraph, "loan commitment" or "loan approval" means a written commitment or approval
new text end
48.26new text begin to make a mortgage loan from a lender approved to make mortgage loans in Minnesota.
new text end
48.27new text begin The conveyance shall be issued to the county auditor where the land is located. Upon
receipt new text end
48.28new text begin of the conveyance, the county auditor shall hold the conveyance until such time as
the new text end
48.29new text begin conveyance is requested from a title company licensed to do business in Minnesota.
If a new text end
48.30new text begin request for the conveyance is not made within 45 days of the date the conveyance is
issued new text end
48.31new text begin by the commissioner of revenue, the county auditor shall return the conveyance to
the new text end
48.32new text begin commissioner. The title company making the request for the conveyance shall certify
to the new text end
48.33new text begin county auditor that the conveyance is necessary to close the purchase of the subject
property new text end
48.34new text begin within five days of the request. If the conveyance is delivered to the title company
and the new text end
48.35new text begin closing does not occur within five days of the request, the title company shall immediately
new text end
48.36new text begin return the conveyance to the county auditor, and upon receipt, the county auditor
shall return new text end
49.1new text begin the deed to the commissioner of revenue. The commissioner of revenue shall destroy
all new text end
49.2new text begin deeds returned by the county auditor pursuant to this subdivision.new text end
49.3 Sec. 35. Minnesota Statutes 2016, section 282.01, is amended by adding a subdivision to
49.4read:
49.5 new text begin Subd. 13.new text end new text begin Online auction.new text end new text begin A county board, or a county auditor if the auditor has been new text end
49.6new text begin delegated such authority under section 282.135, may sell tax-forfeited lands through
an new text end
49.7new text begin online auction. When an online auction is used to sell tax-forfeited lands, the county
auditor new text end
49.8new text begin shall post a physical notice of the online auction and shall publish a notice of the
online new text end
49.9new text begin auction on its Web site not less than ten days before the online auction begins, in
addition new text end
49.10new text begin to any other notice required.new text end
49.11new text begin EFFECTIVE DATE.new text end new text begin This section is effective for sales of tax-forfeited property that new text end
49.12new text begin occur on or after August 1, 2017.new text end
49.13 Sec. 36. Minnesota Statutes 2016, section 282.016, is amended to read:
49.14282.016 PROHIBITED PURCHASERS.
49.15(a) A county auditor, county treasurer, county attorney, court administrator of the
district
49.16court, county assessor, supervisor of assessments, deputy or clerk or an employee
of such
49.17officer, a commissioner for tax-forfeited lands or an assistant to such commissioner,
must
49.18not become a purchaser, either personally or as an agent or attorney for another person,
of
49.19the properties offered for sale under the provisions of this chapter in the county
for which
49.20the person performs duties. A person prohibited from purchasing property under this section
49.21must not directly or indirectly have another person purchase it on behalf of the prohibited
49.22purchaser for the prohibited purchaser's benefit or gain.
49.23(b) Notwithstanding paragraph (a), such officer, deputy, clerk, or employee or
49.24commissioner for tax-forfeited lands or assistant to such commissioner may (1) purchase
49.25lands owned by that official at the time the state became the absolute owner thereof
or (2)
49.26bid upon and purchase forfeited property offered for sale under the alternate sale
procedure
49.27described in section
282.01, subdivision 7a.
49.28new text begin (c) In addition to the persons identified in paragraph (a), a county auditor may prohibit
new text end
49.29new text begin other persons and entities from becoming a purchaser, either personally or as an agent
or new text end
49.30new text begin attorney for another person or entity, of the properties offered for sale under this
chapter in new text end
49.31new text begin the following circumstances: (1) the person or entity owns another property within
the new text end
49.32new text begin county for which there are delinquent taxes owing; (2) the person or entity has held
a rental new text end
50.1new text begin license in the county and the license has been revoked within the last five years;
(3) the new text end
50.2new text begin person or entity has been the vendee of a contract for purchase of a property offered
for sale new text end
50.3new text begin under this chapter, which contract has been canceled within the last five years; or
(4) the new text end
50.4new text begin person or entity owns another property within the county for which there is an unresolved
new text end
50.5new text begin housing code violation, including an unpaid charge or fine.new text end
50.6new text begin (d) A person prohibited from purchasing property under this section must not directly
new text end
50.7new text begin or indirectly have another person purchase it on behalf of the prohibited purchaser
for the new text end
50.8new text begin prohibited purchaser's benefit or gain.new text end
50.9 Sec. 37. Minnesota Statutes 2016, section 282.018, subdivision 1, is amended to read:
50.10 Subdivision 1. Land on or adjacent to public waters. (a) All land which is the property
50.11of the state as a result of forfeiture to the state for nonpayment of taxes, regardless
of whether
50.12the land is held in trust for taxing districts, and which borders on or is adjacent
to meandered
50.13lakes and other public waters and watercourses, and the live timber growing or being
thereon,
50.14is hereby withdrawn from sale except as hereinafter provided. The authority having
50.15jurisdiction over the timber on any such lands may sell the timber as otherwise provided
by
50.16law for cutting and removal under such conditions as the authority may prescribe in
50.17accordance with approved, sustained yield forestry practices. The authority having
jurisdiction
50.18over the timber shall reserve such timber and impose such conditions as the authority
deems
50.19necessary for the protection of watersheds, wildlife habitat, shorelines, and scenic
features.
50.20Within the area in Cook, Lake, and St. Louis counties described in the Act of Congress
50.21approved July 10, 1930 (46 Stat. 1020), the timber on tax-forfeited lands shall be
subject
50.22to like restrictions as are now imposed by that act on federal lands.
50.23(b) Of all tax-forfeited land bordering on or adjacent to meandered lakes and other
public
50.24waters and watercourses and so withdrawn from sale, a strip two rods in width, the
ordinary
50.25high-water mark being the waterside boundary thereof, and the land side boundary thereof
50.26being a line drawn parallel to the ordinary high-water mark and two rods distant landward
50.27therefrom, hereby is reserved for public travel thereon, and whatever the conformation
of
50.28the shore line or conditions require, the authority having jurisdiction over such
lands shall
50.29reserve a wider strip for such purposes.
50.30(c) Any tract or parcel of land which has 150 feet or less of waterfront may be sold
by
50.31the authority having jurisdiction over the land, in the manner otherwise provided
by law
50.32for the sale of such lands, if the authority determines that it is in the public interest
to do
50.33so. If the authority having jurisdiction over the land is not the commissioner of
natural
51.1resources, the land may not be offered for sale without the prior approval of the
commissioner
51.2of natural resources.
51.3(d) Where the authority having jurisdiction over lands withdrawn from sale under this
51.4section is not the commissioner of natural resources, the authority may submit proposals
51.5for disposition of the lands to the commissioner. The commissioner of natural resources
51.6shall evaluate the lands and their public benefits and make recommendations on the
proposed
51.7dispositions to the committees of the legislature with jurisdiction over natural resources.
51.8The commissioner shall include any recommendations of the commissioner for disposition
51.9of lands withdrawn from sale under this section over which the commissioner has jurisdiction.
51.10The commissioner's recommendations may include a public sale, sale to a private party,
51.11acquisition by the Department of Natural Resources for public purposes, or a cooperative
51.12management agreement with, or transfer to, another unit of government.
51.13new text begin (e) Notwithstanding this subdivision, a county may sell property governed by this
section new text end
51.14new text begin upon written authorization from the commissioner of natural resources. Prior to the
sale or new text end
51.15new text begin conveyance of lands under this subdivision, the county board must give notice of its
intent new text end
51.16new text begin to meet for that purpose as provided in section 282.01, subdivision 1.new text end
51.17 Sec. 38. Minnesota Statutes 2016, section 282.02, is amended to read:
51.18282.02 LIST OF LANDS FOR SALE; NOTICEnew text begin ; ONLINE AUCTIONS new text end
51.19new text begin PERMITTEDnew text end .
51.20new text begin (a) new text end Immediately after classification and appraisal of the land, and after approval by
the
51.21commissioner of natural resources when required pursuant to section
282.01, subdivision
51.223
, the county board shall provide and file with the county auditor a list of parcels
of land to
51.23be offered for sale. This list shall contain a description of the parcels of land
and the appraised
51.24value thereof. The auditor shall publish a notice of the intended public sale of such
parcels
51.25of land and a copy of the resolution of the county board fixing the terms of the sale,
if other
51.26than for cash only, by publication once a week for two weeks in the official newspaper
of
51.27the county, the last publication to be not less than ten days previous to the commencement
51.28of the sale.
51.29new text begin (b) new text end The notice shall include the parcel's description and appraised value. The notice
shall
51.30also indicate the amount of any special assessments which may be the subject of a
51.31reassessment or new assessment or which may result in the imposition of a fee or charge
51.32pursuant to sections
429.071, subdivision 4,
435.23, and
444.076. The county auditor shall
51.33also mail notice to the owners of land adjoining the parcel to be sold. For purposes
of this
51.34section, "owner" means the taxpayer as listed in the records of the county auditor.
52.1new text begin (c) new text end If the county board of St. Louis or Koochiching Counties determines that the sale
52.2shall take place in a county facility other than the courthouse, the notice shall
specify the
52.3facility and its location.new text begin If the county board determines that the sale shall take place as an new text end
52.4new text begin online auction under section 282.01, subdivision 13, the notice shall specify the
auction new text end
52.5new text begin Web site and the date of the auction.new text end
52.6new text begin EFFECTIVE DATE.new text end new text begin This section is effective for sales of tax-forfeited property that new text end
52.7new text begin occur on or after August 1, 2017.new text end
52.8 Sec. 39. Minnesota Statutes 2016, section 282.241, subdivision 1, is amended to read:
52.9 Subdivision 1. Repurchase requirements. The owner at the time of forfeiture, or the
52.10owner's heirs, devisees, or representatives, or any person to whom the right to pay
taxes
52.11was given by statute, mortgage, or other agreement, may repurchase any parcel of land
52.12claimed by the state to be forfeited to the state for taxes unless before the time
repurchase
52.13is made the parcel is sold under installment payments, or otherwise, by the state
as provided
52.14by law, or is under mineral prospecting permit or lease, or proceedings have been
commenced
52.15by the state or any of its political subdivisions or by the United States to condemn
the parcel
52.16of land. The parcel of land may be repurchased for the sum of all delinquent taxes
and
52.17assessments computed under section
282.251, together with penalties, interest, and costs,
52.18that accrued or would have accrued if the parcel of land had not forfeited to the
state. Except
52.19for property which was homesteaded on the date of forfeiture, repurchase is permitted
during
52.20one yearnew text begin six monthsnew text end only from the date of forfeiture, and in any case only after the adoption
52.21of a resolution by the board of county commissioners determining that by repurchase
undue
52.22hardship or injustice resulting from the forfeiture will be corrected, or that permitting
the
52.23repurchase will promote the use of the lands that will best serve the public interest.
If the
52.24county board has good cause to believe that a repurchase installment payment plan
for a
52.25particular parcel is unnecessary and not in the public interest, the county board
may require
52.26as a condition of repurchase that the entire repurchase price be paid at the time
of repurchase.
52.27A repurchase is subject to any easement, lease, or other encumbrance granted by the
state
52.28before the repurchase, and if the land is located within a restricted area established
by any
52.29county under Laws 1939, chapter 340, the repurchase must not be permitted unless the
52.30resolution approving the repurchase is adopted by the unanimous vote of the board
of county
52.31commissioners.
52.32The person seeking to repurchase under this section shall pay all maintenance costs
52.33incurred by the county auditor during the time the property was tax-forfeited.
52.34new text begin EFFECTIVE DATE.new text end new text begin This section is effective January 1, 2018.new text end
53.1 Sec. 40. Minnesota Statutes 2016, section 282.322, is amended to read:
53.2282.322 FORFEITED LANDS LIST.
53.3The county board of any county may file a list of forfeited lands with the county
auditor,
53.4if the board is of the opinion that such lands may be acquired by the state or any
municipal
53.5subdivision thereofnew text begin of the statenew text end for public purposes. Upon the filing of suchnew text begin thenew text end listnew text begin of new text end
53.6new text begin forfeited lands,new text end the county auditor shall withhold said lands from repurchase. If no proceeding
53.7shall benew text begin isnew text end started to acquire such lands by the state or some municipal subdivision thereofnew text begin new text end
53.8new text begin of the statenew text end within one year after the filing of suchnew text begin thenew text end listnew text begin of forfeited lands,new text end the county
53.9board shall withdraw saidnew text begin thenew text end list and thereafternew text begin , if the property was classified as new text end
53.10new text begin nonhomestead at the time of forfeiture,new text end the owner shall have one yearnew text begin not more than six new text end
53.11new text begin monthsnew text end in which to repurchase.
53.12new text begin EFFECTIVE DATE.new text end new text begin This section is effective January 1, 2018.new text end
53.13 Sec. 41. Minnesota Statutes 2016, section 290A.03, subdivision 13, is amended to read:
53.14 Subd. 13. Property taxes payable. "Property taxes payable" means the property tax
53.15exclusive of special assessments, penalties, and interest payable on a claimant's
homestead
53.16after deductions made under sections
273.135,
273.1384,
273.1391,
273.42, subdivision 2,
53.17and any other state paid property tax credits in any calendar year, and after any
refund
53.18claimed and allowable under section
290A.04, subdivision 2h, that is first payable in the
53.19year that the property tax is payable. In the case of a claimant who makes ground
lease
53.20payments, "property taxes payable" includes the amount of the payments directly attributable
53.21to the property taxes assessed against the parcel on which the house is located. No
53.22apportionment or reduction of the "property taxes payable" shall be required for the
use of
53.23a portion of the claimant's homestead for a business purpose if the claimant does
not deduct
53.24any business depreciation expenses for the use of a portion of the homestead in the
53.25determination of federal adjusted gross income. For homesteads which are manufactured
53.26homes as defined in section
273.125, subdivision 8, and for homesteads which arenew text begin including new text end
53.27new text begin manufactured homes located in a manufactured home community owned by a cooperative
new text end
53.28new text begin organized under chapter 308A or 308B, andnew text end park trailers taxed as manufactured homes
53.29under section
168.012, subdivision 9, "property taxes payable" shall also include 17 percent
53.30of the gross rent paid in the preceding year for the site on which the homestead is
located.
53.31When a homestead is owned by two or more persons as joint tenants or tenants in common,
53.32such tenants shall determine between them which tenant may claim the property taxes
53.33payable on the homestead. If they are unable to agree, the matter shall be referred
to the
54.1commissioner of revenue whose decision shall be final. Property taxes are considered
payable
54.2in the year prescribed by law for payment of the taxes.
54.3In the case of a claim relating to "property taxes payable," the claimant must have
owned
54.4and occupied the homestead on January 2 of the year in which the tax is payable and
(i) the
54.5property must have been classified as homestead property pursuant to section
273.124, on
54.6or before December 15 of the assessment year to which the "property taxes payable"
relate;
54.7or (ii) the claimant must provide documentation from the local assessor that application
for
54.8homestead classification has been made on or before December 15 of the year in which
the
54.9"property taxes payable" were payable and that the assessor has approved the application.
54.10new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with claims for taxes payable new text end
54.11new text begin in 2018.new text end
54.12 Sec. 42. Minnesota Statutes 2016, section 473H.09, is amended to read:
54.13473H.09 EARLY TERMINATION.
54.14 new text begin Subdivision 1.new text end new text begin Public emergency.new text end Termination of an agricultural preserve earlier than
54.15a date derived through application of section
473H.08 may be permitted only in the event
54.16of a public emergency upon petition from the owner or authority to the governor. The
54.17determination of a public emergency shall be by the governor through executive order
54.18pursuant to sections
4.035 and
12.01 to
12.46. The executive order shall identify the preserve,
54.19the reasons requiring the action and the date of termination.
54.20 new text begin Subd. 2.new text end new text begin Death of owner.new text end new text begin (a) Within 365 days of the death of an owner, an owner's new text end
54.21new text begin spouse, or other qualifying person, the surviving owner may elect to terminate the
agricultural new text end
54.22new text begin preserve and the covenant allowing the land to be enrolled as an agricultural preserve
by new text end
54.23new text begin notifying the authority on a form provided by the commissioner of agriculture. Termination
new text end
54.24new text begin of a covenant under this subdivision must be executed and acknowledged in the manner
new text end
54.25new text begin required by law to execute and acknowledge a deed.new text end
54.26new text begin (b) For purposes of this subdivision, the following definitions apply:new text end
54.27new text begin (1) "qualifying person" includes a partner, shareholder, trustee for a trust that
the decedent new text end
54.28new text begin was the settlor or a beneficiary of, or member of an entity permitted to own agricultural
new text end
54.29new text begin land and engage in farming under section 500.24 that owned the agricultural preserve;
andnew text end
new text begin new text end 54.30new text begin (2) "surviving owner" includes the executor of the estate of the decedent, trustee
for a new text end
54.31new text begin trust that the decedent was the settlor or a beneficiary of, or an entity permitted
to own farm new text end
54.32new text begin land under section 500.24 of which the decedent was a partner, shareholder, or member.new text end
55.1new text begin (c) When an agricultural preserve is terminated under this subdivision, the property
is new text end
55.2new text begin subject to additional taxes in an amount equal to 50 percent of the taxes actually
levied new text end
55.3new text begin against the property for the current taxes payable year. The additional taxes are
extended new text end
55.4new text begin against the property on the tax list for taxes payable in the current year. The additional
taxes new text end
55.5new text begin must be distributed among the jurisdictions levying taxes on the property in proportion
to new text end
55.6new text begin the current year's taxes.new text end
55.7new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2017.new text end
55.8 Sec. 43. Minnesota Statutes 2016, section 473H.17, subdivision 1a, is amended to read:
55.9 Subd. 1a. Allowed commercial and industrial operations. (a) Commercial and industrial
55.10operations are not allowed on land within an agricultural preserve except:
55.11(1) small on-farm commercial or industrial operations normally associated with and
55.12important to farming in the agricultural preserve area;
55.13(2) storage use of existing farm buildings that does not disrupt the integrity of
the
55.14agricultural preserve; and
55.15(3) small commercial use of existing farm buildings for trades not disruptive to the
55.16integrity of the agricultural preserve such as a carpentry shop, small scale mechanics
shop,
55.17and similar activities that a farm operator might conduct.new text begin ; andnew text end
55.18new text begin (4) wireless communication installments and related equipment and structure capable
new text end
55.19new text begin of providing technology potentially beneficial to farming activities.new text end
55.20(b) new text begin For purposes of paragraph (a), clauses (2) and (3), new text end "existing" in paragraph (a), clauses
55.21(2) and (3), means existing on August 1, 1987.
55.22new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following enactment.new text end
55.23 Sec. 44. Minnesota Statutes 2016, section 504B.285, subdivision 1, is amended to read:
55.24 Subdivision 1. Grounds. (a) The person entitled to the premises may recover possession
55.25by eviction when:
55.26(1) any person holds over real property:
55.27(i) after a sale of the property on an execution or judgment; or
55.28(ii) after the expiration of the time for redemption on foreclosure of a mortgage,
or after
55.29termination of contract to convey the property;new text begin ornew text end
55.30new text begin (iii) after the expiration of the time for redemption on a real estate tax judgment
sale;new text end
56.1(2) any person holds over real property after termination of the time for which it
is
56.2demised or leased to that person or to the persons under whom that person holds possession,
56.3contrary to the conditions or covenants of the lease or agreement under which that
person
56.4holds, or after any rent becomes due according to the terms of such lease or agreement;
or
56.5(3) any tenant at will holds over after the termination of the tenancy by notice to
quit.
56.6(b) A landlord may not commence an eviction action against a tenant or authorized
56.7occupant solely on the basis that the tenant or authorized occupant has been the victim
of
56.8any of the acts listed in section
504B.206, subdivision 1, paragraph (a). Nothing in this
56.9paragraph should be construed to prohibit an eviction action based on a breach of
the lease.
56.10 Sec. 45. Minnesota Statutes 2016, section 504B.365, subdivision 3, is amended to read:
56.11 Subd. 3. Removal and storage of property. (a) If the defendant's personal property is
56.12to be stored in a place other than the premises, the officer shall remove all personal
property
56.13of the defendant at the expense of the plaintiff.
56.14(b) The defendant must make immediate payment for all expenses of removing personal
56.15property from the premises. If the defendant fails or refuses to do so, the plaintiff
has a lien
56.16on all the personal property for the reasonable costs and expenses incurred in removing,
56.17caring for, storing, and transporting it to a suitable storage place.
56.18(c) The plaintiff may enforce the lien by detaining the personal property until paid.
If
56.19no payment has been made for 60 days after the execution of the order to vacate, the
plaintiff
56.20maynew text begin dispose of the property ornew text end hold a public sale as provided in sections
514.18 to
514.22.
56.21(d) If the defendant's personal property is to be stored on the premises, the officer
shall
56.22enter the premises, breaking in if necessary, and the plaintiff may remove the defendant's
56.23personal property. Section
504B.271 applies to personal property removed under this
56.24paragraph. The plaintiff must prepare an inventory and mail a copy of the inventory
to the
56.25defendant's last known address or, if the defendant has provided a different address,
to the
56.26address provided. The inventory must be prepared, signed, and dated in the presence
of the
56.27officer and must include the following:
56.28(1) a list of the items of personal property and a description of their condition;
56.29(2) the date, the signature of the plaintiff or the plaintiff's agent, and the name
and
56.30telephone number of a person authorized to release the personal property; and
56.31(3) the name and badge number of the officer.
56.32(e) The officer must retain a copy of the inventory.
57.1(f) The plaintiff is responsible for the proper removal, storage, and care of the
defendant's
57.2personal property and is liable for damages for loss of or injury to it caused by
the plaintiff's
57.3failure to exercise the same care that a reasonably careful person would exercise
under
57.4similar circumstances.
57.5(g) The plaintiff shall notify the defendant of the date and approximate time the
officer
57.6is scheduled to remove the defendant, family, and personal property from the premises.
The
57.7notice must be sent by first class mail. In addition, the plaintiff must make a good
faith
57.8effort to notify the defendant by telephone. The notice must be mailed as soon as
the
57.9information regarding the date and approximate time the officer is scheduled to enforce
the
57.10order is known to the plaintiff, except that the scheduling of the officer to enforce
the order
57.11need not be delayed because of the notice requirement. The notice must inform the
defendant
57.12that the defendant and the defendant's personal property will be removed from the
premises
57.13if the defendant has not vacated the premises by the time specified in the notice.
57.14 Sec. 46. Laws 1996, chapter 471, article 3, section 51, is amended to read:
57.15 Sec. 51. RECREATION LEVY FOR SAWYER BY CARLTON COUNTY.
57.16 Subdivision 1. Levy authorized. Notwithstanding other law to the contrary, the Carlton
57.17county board of commissioners may levy in and for the unorganized township of Sawyer
57.18an amount up to $1,500 annually for recreational purposes, beginning with taxes payable
57.19in 1997 and ending with taxes payable in 2006.
57.20 Subd. 2. Effective date. This section is effective June 1, 1996, without local approval.
57.21new text begin EFFECTIVE DATE.new text end new text begin This section applies to taxes payable in 2018 and thereafter, and new text end
57.22new text begin is effective the day after the Carlton County Board of Commissioners and its chief
clerical new text end
57.23new text begin officer timely complete their compliance with section 645.021, subdivisions 2 and
3.new text end
57.24 Sec. 47. new text begin LEGISLATIVE PROPERTY TAX REFORM WORKING GROUP.new text end
57.25 new text begin Subdivision 1.new text end new text begin Membership.new text end new text begin (a) The Legislative Property Tax Reform Working Group new text end
57.26new text begin is created and consists of the following members:new text end
57.27new text begin (1) two representatives appointed by the chair of the tax committee of the house of
new text end
57.28new text begin representatives;new text end
57.29new text begin (2) two representatives appointed by the minority leader of the tax committee of the
new text end
57.30new text begin house of representatives;new text end
57.31new text begin (3) two senators appointed by the chair of the senate tax committee; andnew text end
58.1new text begin (4) two senators appointed by the minority leader of the senate tax committee.new text end
58.2new text begin (b) Any vacancy shall be filled by appointment of the appointing authority for the
vacating new text end
58.3new text begin member.new text end
58.4new text begin (c) Members shall be appointed by July 1, 2017.new text end
58.5 new text begin Subd. 2.new text end new text begin Duties.new text end new text begin The working group must perform the duties described in section 48.new text end
58.6 new text begin Subd. 3.new text end new text begin First meeting; chair.new text end new text begin The first appointee of the chair of the house of new text end
58.7new text begin representatives tax committee must convene the initial meeting of the working group
by new text end
58.8new text begin July 21, 2017. The members of the working group must elect a chair and vice-chair
from new text end
58.9new text begin the members of the working group at the first meeting.new text end
58.10 new text begin Subd. 4.new text end new text begin Staff.new text end new text begin Legislative staff of the house of representatives and senate shall provide new text end
58.11new text begin administrative and research support. The working group may request the assistance
of staff new text end
58.12new text begin from the Department of Revenue and Department of Education as necessary to facilitate
its new text end
58.13new text begin work.new text end
58.14 new text begin Subd. 5.new text end new text begin Report.new text end new text begin The working group must submit a report by February 15, 2018, to the new text end
58.15new text begin chairs and ranking minority members of the committees in the senate and house of new text end
58.16new text begin representatives with primary jurisdiction over taxes, presenting two or more alternatives
new text end
58.17new text begin for reform of Minnesota's property tax system.new text end
new text begin new text end 58.18 new text begin Subd. 6.new text end new text begin Sunset.new text end new text begin The working group shall sunset the day following the submission of new text end
58.19new text begin the report under subdivision 5.new text end
58.20new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
58.21 Sec. 48. new text begin PROPOSALS FOR REFORM OF MINNESOTA'S PROPERTY TAX new text end
58.22new text begin SYSTEM.new text end
58.23new text begin The Legislative Property Tax Reform Working Group must develop proposals to new text end
58.24new text begin restructure Minnesota's property tax system for legislative consideration. The proposals
new text end
58.25new text begin must provide for a system that reduces the complexity and cost of Minnesota's property
tax new text end
58.26new text begin system to increase transparency and understanding for taxpayers and assessors while
new text end
58.27new text begin minimizing the number of properties that experience severe tax changes. The proposals
new text end
58.28new text begin must include, but are not limited to, a reduction in the number of classifications
and tiers new text end
58.29new text begin in the current property tax system. The proposals may include a transition period
of up to new text end
58.30new text begin five years before the final system elements are fully operational. At least one proposal
must new text end
58.31new text begin be developed where the highest estimated net state cost does not exceed $250,000,000
in new text end
58.32new text begin the first year that the proposal is fully phased in. At least one proposal must be
developed new text end
59.1new text begin where the highest estimated net state cost does not exceed $500,000,000 in the first
year new text end
59.2new text begin that the proposal is fully phased in. Each proposal should estimate the administrative
cost new text end
59.3new text begin savings to county governments and to the state government.new text end
59.4new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
59.5 Sec. 49. new text begin REPEALER.new text end
59.6new text begin Minnesota Statutes 2016, sections 270C.9901; and 281.22,new text end new text begin are repealed.new text end
59.7new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
59.8ARTICLE 2
59.9TAXPAYER EMPOWERMENT
59.10 Section 1. Minnesota Statutes 2016, section 123B.63, subdivision 3, is amended to read:
59.11 Subd. 3. Capital project levy referendum. (a) A district may levy the local tax rate
59.12approved by a majority of the electors voting on the question to provide funds for
an approved
59.13project. The election must take place no more than five years before the estimated
date of
59.14commencement of the project. The referendum mustnew text begin maynew text end be held on a date setnew text begin callednew text end by
59.15the boardnew text begin and, except as provided in paragraph (g), must be held on the first Tuesday after
new text end
59.16new text begin the first Monday in November in either an even-numbered or odd-numbered yearnew text end . A district
59.17must meet the requirements of section 123B.71 for projects funded under this section.
If a
59.18review and comment is required under section 123B.71, subdivision 8, a referendum
for a
59.19project not receiving a positive review and comment by the commissioner must be approved
59.20by at least 60 percent of the voters at the election.
59.21(b) Thenew text begin Anew text end referendum may be called by the school board andnew text begin under this subdivisionnew text end may
59.22be held:
59.23 (1) separately, before an election for the issuance of obligations for the project
under
59.24chapter 475; or
59.25 (2) in conjunction with an election for the issuance of obligations for the project
under
59.26chapter 475; or
59.27 (3) notwithstanding section
475.59, as a conjunctive question authorizing both the capital
59.28project levy and the issuance of obligations for the project under chapter 475. Any
obligations
59.29authorized for a project may be issued within five years of the date of the election.
59.30 (c) The ballot must provide a general description of the proposed project, state the
59.31estimated total cost of the project, state whether the project has received a positive
or negative
60.1review and comment from the commissioner, state the maximum amount of the capital
60.2project levy as a percentage of net tax capacity, state the amount that will be raised
by that
60.3local tax rate in the first year it is to be levied, and state the maximum number
of years that
60.4the levy authorization will apply.
60.5 The ballot must contain a textual portion with the information required in this section
60.6and a question stating substantially the following:
60.7 "Shall the capital project levy proposed by the board of .......... School District
No. ..........
60.8be approved?"
60.9 If approved, the amount provided by the approved local tax rate applied to the net
tax
60.10capacity for the year preceding the year the levy is certified may be certified for
the number
60.11of years, not to exceed ten, approved.
60.12(d) If the district proposes a new capital project to begin at the time the existing
capital
60.13project expires and at the same maximum tax rate, the general description on the ballot
may
60.14state that the capital project levy is being renewed and that the tax rate is not
being increased
60.15from the previous year's rate. An election to renew authority under this paragraph
may be
60.16called at any time that is otherwise authorized by this subdivision. The ballot notice
required
60.17under section
275.60 may be modified to read:
60.18"BY VOTING YES ON THIS BALLOT QUESTION, YOU ARE VOTING TO RENEW
60.19AN EXISTING CAPITAL PROJECTS REFERENDUM THAT IS SCHEDULED TO
60.20EXPIRE."
60.21 (e) In the event a conjunctive question proposes to authorize both the capital project
60.22levy and the issuance of obligations for the project, appropriate language authorizing
the
60.23issuance of obligations must also be included in the question.
60.24 (f) The district must notify the commissioner of the results of the referendum.
60.25 new text begin (g) Notwithstanding paragraph (a), a referendum to levy the amount needed to finance
new text end
60.26new text begin a district's response to a disaster or emergency may be held on a date set by the
board. new text end
60.27new text begin "Disaster" means a situation that creates an actual or imminent serious threat to
the health new text end
60.28new text begin and safety of persons, or a situation that has resulted or is likely to result in
catastrophic new text end
60.29new text begin loss to property or the environment. "Emergency" means an unforeseen combination of
new text end
60.30new text begin circumstances that calls for immediate action to prevent a disaster, identified in
the new text end
60.31new text begin referendum, from developing or occurring.new text end
60.32new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
60.33new text begin referendum authorized on or after that date.new text end
61.1 Sec. 2. Minnesota Statutes 2016, section 126C.17, subdivision 9, is amended to read:
61.2 Subd. 9. Referendum revenue. (a) The revenue authorized by section
126C.10,
61.3subdivision 1
, may be increased in the amount approved by the voters of the district at a
61.4referendum called for the purpose. The referendum may be called by the board. The
61.5referendum must be conducted one or two calendar years before the increased levy authority,
61.6if approved, first becomes payable. Only one election to approve an increase may be
held
61.7in a calendar year. Unless the referendum is conducted by mail under subdivision 11,
61.8paragraph (a), the referendum must be held on the first Tuesday after the first Monday
in
61.9November. The ballot must state the maximum amount of the increased revenue per adjusted
61.10pupil unit. The ballot may state a schedule, determined by the board, of increased
revenue
61.11per adjusted pupil unit that differs from year to year over the number of years for
which the
61.12increased revenue is authorized or may state that the amount shall increase annually
by the
61.13rate of inflation. new text begin The ballot must state the cumulative amount per pupil of any local optional new text end
61.14new text begin revenue, board-approved referendum authority, and previous voter-approved referendum
new text end
61.15new text begin authority, if any, that the board expects to certify for the next school year. new text end For this purpose,
61.16the rate of inflation shall be the annual inflationary increase calculated under subdivision
61.172, paragraph (b). The ballot may state that existing referendum levy authority is
expiring.
61.18In this case, the ballot may also compare the proposed levy authority to the existing
expiring
61.19levy authority, and express the proposed increase as the amount, if any, over the
expiring
61.20referendum levy authority. The ballot must designate the specific number of years,
not to
61.21exceed ten, for which the referendum authorization applies. The ballot, including
a ballot
61.22on the question to revoke or reduce the increased revenue amount under paragraph (c),
must
61.23abbreviate the term "per adjusted pupil unit" as "per pupil." The notice required
under section
61.24275.60
may be modified to read, in cases of renewing existing levies at the same amount
61.25per pupil as in the previous year:
61.26"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING TO
61.27EXTEND AN EXISTING PROPERTY TAX REFERENDUM THAT IS SCHEDULED
61.28TO EXPIRE."
61.29 The ballot may contain a textual portion with the information required in this subdivision
61.30and a question stating substantially the following:
61.31 "Shall the increase in the revenue proposed by (petition to) the board of .........,
School
61.32District No. .., be approved?"
61.33 If approved, an amount equal to the approved revenue per adjusted pupil unit times
the
61.34adjusted pupil units for the school year beginning in the year after the levy is certified
shall
62.1be authorized for certification for the number of years approved, if applicable, or
until
62.2revoked or reduced by the voters of the district at a subsequent referendum.
62.3 (b) The board must prepare and deliver by first class mail at least 15 days but no
more
62.4than 30 days before the day of the referendum to each taxpayer a notice of the referendum
62.5and the proposed revenue increase. The board need not mail more than one notice to
any
62.6taxpayer. For the purpose of giving mailed notice under this subdivision, owners must
be
62.7those shown to be owners on the records of the county auditor or, in any county where
tax
62.8statements are mailed by the county treasurer, on the records of the county treasurer.
Every
62.9property owner whose name does not appear on the records of the county auditor or
the
62.10county treasurer is deemed to have waived this mailed notice unless the owner has
requested
62.11in writing that the county auditor or county treasurer, as the case may be, include
the name
62.12on the records for this purpose. The notice must project the anticipated amount of
tax increase
62.13in annual dollars for typical residential homesteads, agricultural homesteads, apartments,
62.14and commercial-industrial property within the school district.
62.15new text begin The notice must state the cumulative and individual amounts per pupil of any local
new text end
62.16new text begin optional revenue, board-approved referendum authority, and voter-approved referendum
new text end
62.17new text begin authority, if any, that the board expects to certify for the next school year.new text end
62.18 The notice for a referendum may state that an existing referendum levy is expiring
and
62.19project the anticipated amount of increase over the existing referendum levy in the
first
62.20year, if any, in annual dollars for typical residential homesteads, agricultural homesteads,
62.21apartments, and commercial-industrial property within the district.
62.22 The notice must include the following statement: "Passage of this referendum will
result
62.23in an increase in your property taxes." However, in cases of renewing existing levies,
the
62.24notice may include the following statement: "Passage of this referendum extends an
existing
62.25operating referendum at the same amount per pupil as in the previous year."
62.26 (c) A referendum on the question of revoking or reducing the increased revenue amount
62.27authorized pursuant to paragraph (a) may be called by the board. A referendum to revoke
62.28or reduce the revenue amount must state the amount per adjusted pupil unit by which
the
62.29authority is to be reduced. Revenue authority approved by the voters of the district
pursuant
62.30to paragraph (a) must be available to the school district at least once before it
is subject to
62.31a referendum on its revocation or reduction for subsequent years. Only one revocation
or
62.32reduction referendum may be held to revoke or reduce referendum revenue for any specific
62.33year and for years thereafter.
63.1 (d) The approval of 50 percent plus one of those voting on the question is required
to
63.2pass a referendum authorized by this subdivision.
63.3 (e) At least 15 days before the day of the referendum, the district must submit a
copy of
63.4the notice required under paragraph (b) to the commissioner and to the county auditor
of
63.5each county in which the district is located. Within 15 days after the results of
the referendum
63.6have been certified by the board, or in the case of a recount, the certification of
the results
63.7of the recount by the canvassing board, the district must notify the commissioner
of the
63.8results of the referendum.
63.9new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
63.10new text begin referendum authorized on or after that date.new text end
63.11 Sec. 3. Minnesota Statutes 2016, section 205.10, subdivision 1, is amended to read:
63.12 Subdivision 1. Questions. Special elections may be held in a city or town on a question
63.13on which the voters are authorized by law or charter to pass judgment. new text begin A special election new text end
63.14new text begin on a question may only be held by a city on the first Tuesday after the first Monday
in new text end
63.15new text begin November in either an even-numbered or odd-numbered year. A special election on a
new text end
63.16new text begin question held by a town may be held on the same day as the annual town meeting or
on the new text end
63.17new text begin first Tuesday after the first Monday in November in either an even-numbered or new text end
63.18new text begin odd-numbered year. new text end A special election may be ordered by the governing body of the
63.19municipality on its own motion or, on a question that has not been submitted to the
voters
63.20in an election within the previous six months, upon a petition signed by a number
of voters
63.21equal to 20 percent of the votes cast at the last municipal general election. A question
is
63.22carried only with the majority in its favor required by law or charter. The election
officials
63.23for a special election shall be the same as for the most recent municipal general
election
63.24unless changed according to law. Otherwise special elections shall be conducted and
the
63.25returns made in the manner provided for the municipal general election.
63.26new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
63.27new text begin referendum authorized on or after that date.new text end
63.28 Sec. 4. Minnesota Statutes 2016, section 205A.05, subdivision 1, is amended to read:
63.29 Subdivision 1. Questions. (a) Special elections must be held for a school district on a
63.30question on which the voters are authorized by law to pass judgment. new text begin The special election new text end
63.31new text begin on a question may only be held on the first Tuesday after the first Monday in November
of new text end
63.32new text begin either an even-numbered or odd-numbered year. new text end The school board may on its own motion
63.33call a special election to vote on any matter requiring approval of the voters of
a district.
64.1Upon petition filed with the school board of 50 or more voters of the school district
or five
64.2percent of the number of voters voting at the preceding school district general election,
64.3whichever is greater, the school board shall by resolution call a special election
to vote on
64.4any matter requiring approval of the voters of a district. A question is carried only
with the
64.5majority in its favor required by law. The election officials for a special election
are the
64.6same as for the most recent school district general election unless changed according
to
64.7law. Otherwise, special elections must be conducted and the returns made in the manner
64.8provided for the school district general election.
64.9 (b) A special election may not be held:
64.10 (1) during the 56 days before and the 56 days after a regularly scheduled primary
or
64.11general election conducted wholly or partially within the school district;
64.12 (2) on the date of a regularly scheduled town election or annual meeting in March
64.13conducted wholly or partially within the school district; or
64.14 (3) during the 30 days before or the 30 days after a regularly scheduled town election
64.15in March conducted wholly or partially within the school district.
64.16 (c) Notwithstanding any other law to the contrary, the time period in which a special
64.17election must be conducted under any other law may be extended by the school board
to
64.18conform with the requirements of this subdivision.
64.19new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
64.20new text begin referendum authorized on or after that date.new text end
64.21 Sec. 5. Minnesota Statutes 2016, section 216B.46, is amended to read:
64.22216B.46 MUNICIPAL ACQUISITION PROCEDURES; NOTICE; ELECTION.
64.23Any municipality which desires to acquire the property of a public utility as authorized
64.24under the provisions of section
216B.45 may determine to do so by resolution of the
64.25governing body of the municipality taken after a public hearing of which at least
30 days'
64.26published notice shall be given as determined by the governing body. The determination
64.27shall become effective when ratified by a majority of the qualified electors voting
on the
64.28question at a special election to be held for that purpose, not less than 60 nor more than 120
64.29days after the resolution of the governing body of the municipalitynew text begin on the first Tuesday after new text end
64.30new text begin the first Monday in November in either an even-numbered or odd-numbered yearnew text end .
64.31new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
64.32new text begin referendum authorized on or after that date.new text end
65.1 Sec. 6. Minnesota Statutes 2016, section 237.19, is amended to read:
65.2237.19 MUNICIPAL TELECOMMUNICATIONS SERVICES.
65.3Any municipality shall have the right to own and operate a telephone exchange within
65.4its own borders, subject to the provisions of this chapter. It may construct such
plant, or
65.5purchase an existing plant by agreement with the owner, or where it cannot agree with
the
65.6owner on price, it may acquire an existing plant by condemnation, as hereinafter provided,
65.7but in no case shall a municipality construct or purchase such a plant or proceed
to acquire
65.8an existing plant by condemnation until such action by it is authorized by a majority
of the
65.9electors voting upon the proposition at a generalnew text begin annew text end election or a special election called for
65.10that purposenew text begin held on the first Tuesday after the first Monday in November in either an new text end
65.11new text begin even-numbered or odd-numbered yearnew text end , and if the proposal is to construct a new exchange
65.12where an exchange already exists, it shall not be authorized to do so unless 65 percent
of
65.13those voting thereon vote in favor of the undertaking. A municipality that owns and
operates
65.14a telephone exchange may enter into a joint venture as a partner or shareholder with
a
65.15telecommunications organization to provide telecommunications services within its
service
65.16area.
65.17new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
65.18new text begin referendum authorized on or after that date.new text end
65.19 Sec. 7. Minnesota Statutes 2016, section 275.065, subdivision 3, is amended to read:
65.20 Subd. 3. Notice of proposed property taxes. (a) The county auditor shall prepare and
65.21the county treasurer shall deliver after November 10 and on or before November 24
each
65.22year, by first class mail to each taxpayer at the address listed on the county's current
year's
65.23assessment roll, a notice of proposed property taxes. Upon written request by the
taxpayer,
65.24the treasurer may send the notice in electronic form or by electronic mail instead
of on paper
65.25or by ordinary mail.
65.26 (b) The commissioner of revenue shall prescribe the form of the notice.
65.27 (c) The notice must inform taxpayers that it contains the amount of property taxes
each
65.28taxing authority proposes to collect for taxes payable the following year. In the
case of a
65.29town, or in the case of the state general tax, the final tax amount will be its proposed
tax.
65.30The notice must clearly state for each city that has a population over 500, county,
school
65.31district, regional library authority established under section
134.201, and metropolitan taxing
65.32districts as defined in paragraph (i), the time and place of a meeting for each taxing
authority
65.33in which the budget and levy will be discussed and public input allowed, prior to
the final
66.1budget and levy determination. The taxing authorities must provide the county auditor
with
66.2the information to be included in the notice on or before the time it certifies its
proposed
66.3levy under subdivision 1. The public must be allowed to speak at that meeting, which
must
66.4occur after November 24 and must not be held before 6:00 p.m. It must provide a telephone
66.5number for the taxing authority that taxpayers may call if they have questions related
to the
66.6notice and an address where comments will be received by mail, except that no notice
66.7required under this section shall be interpreted as requiring the printing of a personal
66.8telephone number or address as the contact information for a taxing authority. If
a taxing
66.9authority does not maintain public offices where telephone calls can be received by
the
66.10authority, the authority may inform the county of the lack of a public telephone number
and
66.11the county shall not list a telephone number for that taxing authority.
66.12 (d) The notice must state for each parcel:
66.13 (1) the market value of the property as determined under section
273.11, and used for
66.14computing property taxes payable in the following year and for taxes payable in the
current
66.15year as each appears in the records of the county assessor on November 1 of the current
66.16year; and, in the case of residential property, whether the property is classified
as homestead
66.17or nonhomestead. The notice must clearly inform taxpayers of the years to which the
market
66.18values apply and that the values are final values;
66.19 (2) the items listed below, shown separately by county, city or town, and state general
66.20tax, agricultural homestead credit under section
273.1384, voter approved school levy, other
66.21local school levy, and the sum of the special taxing districts, and as a total of
all taxing
66.22authorities:
66.23 (i) the actual tax for taxes payable in the current year; and
66.24 (ii) the proposed tax amount.
66.25 If the county levy under clause (2) includes an amount for a lake improvement district
66.26as defined under sections
103B.501 to
103B.581, the amount attributable for that purpose
66.27must be separately stated from the remaining county levy amount.
66.28 In the case of a town or the state general tax, the final tax shall also be its proposed
tax
66.29unless the town changes its levy at a special town meeting under section
365.52. If a school
66.30district has certified under section
126C.17, subdivision 9, that a referendum will be held
66.31in the school district at the November general election, the county auditor must note
next
66.32to the school district's proposed amount that a referendum is pending and that, if
approved
66.33by the voters, the tax amount may be higher than shown on the notice. In the case
of the
66.34city of Minneapolis, the levy for Minneapolis Park and Recreation shall be listed
separately
67.1from the remaining amount of the city's levy. In the case of the city of St. Paul,
the levy for
67.2the St. Paul Library Agency must be listed separately from the remaining amount of
the
67.3city's levy. In the case of Ramsey County, any amount levied under section
134.07 may be
67.4listed separately from the remaining amount of the county's levy. In the case of a
parcel
67.5where tax increment or the fiscal disparities areawide tax under chapter 276A or 473F
67.6applies, the proposed tax levy on the captured value or the proposed tax levy on the
tax
67.7capacity subject to the areawide tax must each be stated separately and not included
in the
67.8sum of the special taxing districts; and
67.9 (3) the increase or decrease between the total taxes payable in the current year and
the
67.10total proposed taxes, expressed as a percentage.new text begin ; andnew text end
67.11 new text begin (4) a statement at the top of the notice stating the following: if a county's or city's
new text end
67.12new text begin proposed levy for next year is greater than its actual levy for the current year,
the voters new text end
67.13new text begin may have the right to petition for a referendum on next year's levy certification,
according new text end
67.14new text begin to Minnesota Statutes, section 275.80, provided that the final levy that the local
government new text end
67.15new text begin certifies in December of this year is also greater than its levy for the current year.new text end
67.16 For purposes of this section, the amount of the tax on homesteads qualifying under
the
67.17senior citizens' property tax deferral program under chapter 290B is the total amount
of
67.18property tax before subtraction of the deferred property tax amount.
67.19 (e) The notice must clearly state that the proposed or final taxes do not include
the
67.20following:
67.21 (1) special assessments;
67.22 (2) levies approved by the voters after the date the proposed taxes are certified,
including
67.23bond referenda and school district levy referenda;
67.24 (3) a levy limit increase approved by the voters by the first Tuesday after the first
Monday
67.25in November of the levy year as provided under section
275.73;
67.26 (4) amounts necessary to pay cleanup or other costs due to a natural disaster occurring
67.27after the date the proposed taxes are certified;
67.28 (5) amounts necessary to pay tort judgments against the taxing authority that become
67.29final after the date the proposed taxes are certified; and
67.30 (6) the contamination tax imposed on properties which received market value reductions
67.31for contamination.
68.1 (f) Except as provided in subdivision 7, failure of the county auditor to prepare
or the
68.2county treasurer to deliver the notice as required in this section does not invalidate
the
68.3proposed or final tax levy or the taxes payable pursuant to the tax levy.
68.4 (g) If the notice the taxpayer receives under this section lists the property as
68.5nonhomestead, and satisfactory documentation is provided to the county assessor by
the
68.6applicable deadline, and the property qualifies for the homestead classification in
that
68.7assessment year, the assessor shall reclassify the property to homestead for taxes
payable
68.8in the following year.
68.9 (h) In the case of class 4 residential property used as a residence for lease or rental
68.10periods of 30 days or more, the taxpayer must either:
68.11 (1) mail or deliver a copy of the notice of proposed property taxes to each tenant,
renter,
68.12or lessee; or
68.13 (2) post a copy of the notice in a conspicuous place on the premises of the property.
68.14 The notice must be mailed or posted by the taxpayer by November 27 or within three
68.15days of receipt of the notice, whichever is later. A taxpayer may notify the county
treasurer
68.16of the address of the taxpayer, agent, caretaker, or manager of the premises to which
the
68.17notice must be mailed in order to fulfill the requirements of this paragraph.
68.18 (i) For purposes of this subdivision and subdivision 6, "metropolitan special taxing
68.19districts" means the following taxing districts in the seven-county metropolitan area
that
68.20levy a property tax for any of the specified purposes listed below:
68.21 (1) Metropolitan Council under section
473.132,
473.167,
473.249,
473.325,
473.446,
68.22473.521
,
473.547, or
473.834;
68.23 (2) Metropolitan Airports Commission under section
473.667,
473.671, or
473.672; and
68.24 (3) Metropolitan Mosquito Control Commission under section
473.711.
68.25 For purposes of this section, any levies made by the regional rail authorities in
the county
68.26of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 398A
68.27shall be included with the appropriate county's levy.
68.28 (j) The governing body of a county, city, or school district may, with the consent
of the
68.29county board, include supplemental information with the statement of proposed property
68.30taxes about the impact of state aid increases or decreases on property tax increases
or
68.31decreases and on the level of services provided in the affected jurisdiction. This
supplemental
68.32information may include information for the following year, the current year, and
for as
69.1many consecutive preceding years as deemed appropriate by the governing body of the
69.2county, city, or school district. It may include only information regarding:
69.3 (1) the impact of inflation as measured by the implicit price deflator for state and
local
69.4government purchases;
69.5 (2) population growth and decline;
69.6 (3) state or federal government action; and
69.7 (4) other financial factors that affect the level of property taxation and local services
69.8that the governing body of the county, city, or school district may deem appropriate
to
69.9include.
69.10 The information may be presented using tables, written narrative, and graphic
69.11representations and may contain instruction toward further sources of information
or
69.12opportunity for comment.
69.13new text begin EFFECTIVE DATE.new text end new text begin This section is effective for taxes payable in 2018 and thereafter.new text end
69.14 Sec. 8. Minnesota Statutes 2016, section 275.07, subdivision 1, is amended to read:
69.15 Subdivision 1. Certification of levy. (a) Except as provided under paragraph (b), the
69.16taxes voted by cities, counties, school districts, and special districts shall be
certified by the
69.17proper authorities to the county auditor on or before five working days after December
20
69.18in each year. A town must certify the levy adopted by the town board to the county
auditor
69.19by September 15 each year. If the town board modifies the levy at a special town meeting
69.20after September 15, the town board must recertify its levy to the county auditor on
or before
69.21five working days after December 20. new text begin If a city or county levy is subject to a referendum new text end
69.22new text begin under section 275.80 and the referendum was approved by the voters, the maximum levy
new text end
69.23new text begin certified under this section is the proposed levy certified under section 275.065.
If the new text end
69.24new text begin referendum was not approved, the maximum amount of levy that a city or county may
new text end
69.25new text begin approve under this section is the maximum alternative levy allowed in section 275.80,
new text end
69.26new text begin subdivision 2. The city or county may choose to certify a levy less than the allowed
maximum new text end
69.27new text begin amount. new text end If a city, town, county, school district, or special district fails to certify its
levy by
69.28that date, its levy shall be the amount levied by it for the preceding year.
69.29(b)(i) The taxes voted by counties under sections
103B.241,
103B.245, and
103B.251
69.30shall be separately certified by the county to the county auditor on or before five
working
69.31days after December 20 in each year. The taxes certified shall not be reduced by the
county
69.32auditor by the aid received under section
273.1398, subdivision 3. If a county fails to certify
69.33its levy by that date, its levy shall be the amount levied by it for the preceding
year.
70.1(ii) For purposes of the proposed property tax notice under section
275.065 and the
70.2property tax statement under section
276.04, for the first year in which the county implements
70.3the provisions of this paragraph, the county auditor shall reduce the county's levy
for the
70.4preceding year to reflect any amount levied for water management purposes under clause
70.5(i) included in the county's levy.
70.6new text begin EFFECTIVE DATE.new text end new text begin This section is effective for taxes payable in 2018 and thereafter.new text end
70.7 Sec. 9. Minnesota Statutes 2016, section 275.60, is amended to read:
70.8275.60 LEVY OR BOND REFERENDUM; BALLOT NOTICE.
70.9(a) Notwithstanding any general or special law or any charter provisions, but subject
to
70.10section
126C.17, subdivision 9, any question submitted to the voters by any local
70.11governmental subdivision at a general or specialnew text begin annew text end election after June 8, 1995new text begin June 30, new text end
70.12new text begin 2017new text end , authorizing a property tax levy or tax rate increase, including the issuance of
debt
70.13obligations payable in whole or in part from property taxes, must include on the ballot
the
70.14following notice in boldface type:
70.15"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A
70.16PROPERTY TAX INCREASE."
70.17(b) For purposes of this section and section
275.61, "local governmental subdivision"
70.18includes counties, home rule and statutory cities, towns, school districts, and all
special
70.19taxing districts. This statement is in addition to any general or special laws or
any charter
70.20provisions that govern the contents of a ballot question and, in the case of a question
on the
70.21issuance of debt obligations, may be supplemented by a description of revenues pledged
to
70.22payment of the obligations that are intended as the primary source of payment.
70.23new text begin (c) An election under this section must be held on the first Tuesday after the first
Monday new text end
70.24new text begin in November of either an even-numbered or odd-numbered year. This paragraph does not
new text end
70.25new text begin apply to an election on levying a tax or issuing debt obligations to finance the local
new text end
70.26new text begin government's response to a disaster or emergency. An election for these purposes may
be new text end
70.27new text begin held on a date set by the governing body. "Disaster" means a situation that creates
an actual new text end
70.28new text begin or imminent serious threat to the health and safety of persons, or a situation that
has resulted new text end
70.29new text begin or is likely to result in catastrophic loss to property or the environment. "Emergency"
means new text end
70.30new text begin an unforeseen combination of circumstances that calls for immediate action to prevent
a new text end
70.31new text begin disaster, identified in the referendum, from developing or occurring.new text end
71.1(c)new text begin (d)new text end This section does not apply to a school district bond election if the debt service
71.2payments are to be made entirely from transfers of revenue from the capital fund to
the debt
71.3service fund.
71.4new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
71.5new text begin referendum authorized on or after that date.new text end
71.6 Sec. 10. new text begin [275.80] LEVY INCREASE; REVERSE REFERENDUM AUTHORIZED.new text end
71.7 new text begin Subdivision 1.new text end new text begin Citation.new text end new text begin This section shall be known as the "Property Tax Payers' new text end
71.8new text begin Empowerment Act."new text end
71.9 new text begin Subd. 2.new text end new text begin Definitions.new text end new text begin (a) For purposes of this section, the following terms have the new text end
71.10new text begin meanings given.new text end
71.11new text begin (b) "General levy" means the total levy certified under section 275.07 by the local
new text end
71.12new text begin governmental unit, excluding any levy that was approved by the voters at a general
or special new text end
71.13new text begin election.new text end
71.14new text begin (c) "Local governmental unit" means a county or a statutory or home rule charter city
new text end
71.15new text begin with a population of 500 or greater.new text end
71.16new text begin (d) "Maximum alternative levy" for taxes levied in a current year by a local governmental
new text end
71.17new text begin unit means the sum of (1) its nondebt levy certified two years previous to the current
year, new text end
71.18new text begin and (2) the amount of its proposed levy for the current year levied for the purposes
listed new text end
71.19new text begin in section 275.70, subdivision 5, clauses (1) to (5).new text end
71.20new text begin (e) "Nondebt levy" means the total levy certified under section 275.07 by the local
new text end
71.21new text begin governmental unit, minus any amount levied for the purposes listed in section 275.70,
new text end
71.22new text begin subdivision 5, clauses (1) to (5).new text end
71.23 new text begin Subd. 3.new text end new text begin Levy increase; reverse referendum authority.new text end new text begin If the certified general levy new text end
71.24new text begin exceeds the general levy in the previous year, the voters may petition for a referendum
on new text end
71.25new text begin the levy to be certified for the following year. The county auditor must publish information
new text end
71.26new text begin on the right to petition for a referendum as provided in section 276.04, subdivisions
1 and new text end
71.27new text begin 2. If by June 30, a petition signed by the voters equal in number to ten percent of
the votes new text end
71.28new text begin cast in the last general election requesting a vote on the levy is filed with the
county auditor, new text end
71.29new text begin a question on the levy to be certified for the current year must be placed on the
ballot at new text end
71.30new text begin either the general election or at a special election held on the first Tuesday after
the first new text end
71.31new text begin Monday in November of the current calendar year.new text end
72.1 new text begin Subd. 4.new text end new text begin Prohibition against new debt before the election.new text end new text begin Notwithstanding any other new text end
72.2new text begin provision of law, ordinance, or local charter provision, a county or city must not
issue any new text end
72.3new text begin new debt or obligation from the time the petition for referendum is filed with the
county new text end
72.4new text begin auditor under subdivision 3 until the day after the referendum required under this
section new text end
72.5new text begin is held, except as allowed in this subdivision. Refunding bonds and bonds that have
already new text end
72.6new text begin received voter approval are exempt from the prohibition in this subdivision. For purposes
new text end
72.7new text begin of this subdivision, "obligation" has the meaning given in section 475.51, subdivision
3.new text end
72.8 new text begin Subd. 5.new text end new text begin Ballot question; consequence of vote.new text end new text begin (a) The question submitted to the voters new text end
72.9new text begin as required under subdivision 3 shall take the following form:new text end
72.10new text begin "The governing body of ....... has imposed the following property tax levy in the
last new text end
72.11new text begin two years and is proposing the following maximum levy increase for the coming year:new text end
72.12
new text begin (previous payable year)new text end
new text begin (current payable year)new text end
new text begin (coming payable year)new text end
72.13
new text begin Total levynew text end
new text begin Total levynew text end
new text begin Maximum proposed levynew text end
72.14
new text begin $.......new text end
new text begin $.......new text end
new text begin $.......new text end
72.15new text begin Shall the governing body of ....... be allowed to impose the maximum proposed levy
new text end
72.16new text begin listed above?new text end
72.17
new text begin Yes new text end
.....
72.18
new text begin No new text end
.....
72.19new text begin If the majority of votes cast are "no," its maximum allowed property tax levy for
the new text end
72.20new text begin coming year will be reduced to its maximum alternative levy of ......."new text end
72.21new text begin (b) If a city is subject to this provision, it will provide the county auditor with
information new text end
72.22new text begin on its proposed levy by September 30 necessary to calculate the maximum alternative
levy new text end
72.23new text begin under subdivision 2.new text end
72.24new text begin (c) If the majority of votes cast on this question are in the affirmative, the levy
certified new text end
72.25new text begin by the local governmental unit under section 275.07 must be less than or equal to
its proposed new text end
72.26new text begin levy under section 275.065. If the question does not receive sufficient affirmative
votes, new text end
72.27new text begin the levy amount that the local governmental unit certifies under section 275.07 in
the current new text end
72.28new text begin year must be less than or equal to its maximum alternative levy as defined in subdivision
new text end
72.29new text begin 2.new text end
72.30new text begin EFFECTIVE DATE.new text end new text begin This section is effective for taxes payable in 2018 and thereafter.new text end
73.1 Sec. 11. Minnesota Statutes 2016, section 276.04, subdivision 1, is amended to read:
73.2 Subdivision 1. Auditor to publish rates. On receiving the tax lists from the county
73.3auditor, the county treasurer shall, if directed by the county board, give three weeks'
published
73.4notice in a newspaper specifying the rates of taxation for all general purposes and
the
73.5amounts raised for each specific purpose.new text begin If a city or county is subject to a petition of the new text end
73.6new text begin voters due to a general levy increase as provided in section 275.80, the published
notice new text end
73.7new text begin must also include the general levy for the current year and the previous year for
that city or new text end
73.8new text begin county along with the following statement:new text end
73.9new text begin "Because the governing body of ....... increased its nonvoter-approved levy in the
current new text end
73.10new text begin year, the voters in that jurisdiction have the right to petition for a referendum
under Minnesota new text end
73.11new text begin Statutes, section 275.80, on that jurisdiction's levy amount. To invoke the referendum,
a new text end
73.12new text begin petition signed by voters equal to ten percent of the votes cast in the last general
election new text end
73.13new text begin must be filed with the county auditor by June 30 of the current year."new text end
73.14new text begin EFFECTIVE DATE.new text end new text begin This section is effective for taxes payable in 2018 and thereafter.new text end
73.15 Sec. 12. Minnesota Statutes 2016, section 276.04, subdivision 2, is amended to read:
73.16 Subd. 2. Contents of tax statements. (a) The treasurer shall provide for the printing of
73.17the tax statements. The commissioner of revenue shall prescribe the form of the property
73.18tax statement and its contents. The tax statement must not state or imply that property
tax
73.19credits are paid by the state of Minnesota. The statement must contain a tabulated
statement
73.20of the dollar amount due to each taxing authority and the amount of the state tax
from the
73.21parcel of real property for which a particular tax statement is prepared. The dollar
amounts
73.22attributable to the county, the state tax, the voter approved school tax, the other
local school
73.23tax, the township or municipality, and the total of the metropolitan special taxing
districts
73.24as defined in section
275.065, subdivision 3, paragraph (i), must be separately stated. The
73.25amounts due all other special taxing districts, if any, may be aggregated except that
any
73.26levies made by the regional rail authorities in the county of Anoka, Carver, Dakota,
Hennepin,
73.27Ramsey, Scott, or Washington under chapter 398A shall be listed on a separate line
directly
73.28under the appropriate county's levy. If the county levy under this paragraph includes
an
73.29amount for a lake improvement district as defined under sections
103B.501 to
103B.581,
73.30the amount attributable for that purpose must be separately stated from the remaining
county
73.31levy amount. In the case of Ramsey County, if the county levy under this paragraph
includes
73.32an amount for public library service under section
134.07, the amount attributable for that
73.33purpose may be separated from the remaining county levy amount. The amount of the
tax
73.34on homesteads qualifying under the senior citizens' property tax deferral program
under
74.1chapter 290B is the total amount of property tax before subtraction of the deferred
property
74.2tax amount. The amount of the tax on contamination value imposed under sections
270.91
74.3to
270.98, if any, must also be separately stated. The dollar amounts, including the dollar
74.4amount of any special assessments, may be rounded to the nearest even whole dollar.
For
74.5purposes of this section whole odd-numbered dollars may be adjusted to the next higher
74.6even-numbered dollar. The amount of market value excluded under section
273.11,
74.7subdivision 16
, if any, must also be listed on the tax statement.
74.8 (b) The property tax statements for manufactured homes and sectional structures taxed
74.9as personal property shall contain the same information that is required on the tax
statements
74.10for real property.
74.11 (c) Real and personal property tax statements must contain the following information
74.12in the order given in this paragraph. The information must contain the current year
tax
74.13information in the right column with the corresponding information for the previous
year
74.14in a column on the left:
74.15 (1) the property's estimated market value under section
273.11, subdivision 1;
74.16 (2) the property's homestead market value exclusion under section
273.13, subdivision
74.1735;
74.18 (3) the property's taxable market value under section
272.03, subdivision 15;
74.19 (4) the property's gross tax, before credits;
74.20 (5) for homestead agricultural properties, the credit under section
273.1384;
74.21 (6) any credits received under sections
273.119;
273.1234 or
273.1235;
273.135;
74.22273.1391
;
273.1398, subdivision 4;
469.171; and
473H.10, except that the amount of credit
74.23received under section
273.135 must be separately stated and identified as "taconite tax
74.24relief"; and
74.25 (7) the net tax payable in the manner required in paragraph (a).
74.26new text begin (d) If a city or county is subject to a petition of the voters due to a general levy
increase new text end
74.27new text begin as provided in section 275.80, the tax statement must also include the general levy
for the new text end
74.28new text begin current year and the previous year for that city or county along with the following
statement:new text end
74.29 new text begin "Because the governing body of ....... increased its nonvoter-approved levy in the
current new text end
74.30new text begin year, the voters in that jurisdiction have the right to petition for a referendum
on that new text end
74.31new text begin jurisdiction's levy amount under Minnesota Statutes, section 275.80. To invoke the
new text end
74.32new text begin referendum, a petition signed by voters equal to ten percent of the votes cast in
the last new text end
75.1new text begin general election on this issue must be filed with the county auditor by June 30 of
the current new text end
75.2new text begin year."new text end
75.3 (d)new text begin (e)new text end If the county uses envelopes for mailing property tax statements and if the county
75.4agrees, a taxing district may include a notice with the property tax statement notifying
75.5taxpayers when the taxing district will begin its budget deliberations for the current
year,
75.6and encouraging taxpayers to attend the hearings. If the county allows notices to
be included
75.7in the envelope containing the property tax statement, and if more than one taxing
district
75.8relative to a given property decides to include a notice with the tax statement, the
county
75.9treasurer or auditor must coordinate the process and may combine the information on
a
75.10single announcement.
75.11new text begin EFFECTIVE DATE.new text end new text begin This section is effective for taxes payable in 2018 and thereafter.new text end
75.12 Sec. 13. Minnesota Statutes 2016, section 412.221, subdivision 2, is amended to read:
75.13 Subd. 2. Contracts. The council shall have power to make such contracts as may be
75.14deemed necessary or desirable to make effective any power possessed by the council.
The
75.15city may purchase personal property through a conditional sales contract and real
property
75.16through a contract for deed under which contracts the seller is confined to the remedy
of
75.17recovery of the property in case of nonpayment of all or part of the purchase price,
which
75.18shall be payable over a period of not to exceed five years. When the contract price
of property
75.19to be purchased by contract for deed or conditional sales contract exceeds 0.24177
percent
75.20of the estimated market value of the city, the city may not enter into such a contract
for at
75.21least ten days after publication in the official newspaper of a council resolution
determining
75.22to purchase property by such a contract; and, if before the end of that time a petition
asking
75.23for an election on the proposition signed by voters equal to ten percent of the number
of
75.24voters at the last regular city election is filed with the clerk, the city may not
enter into such
75.25a contract until the proposition has been approved by a majority of the votes cast
on the
75.26question at a regular or special new text begin an new text end electionnew text begin held on the first Tuesday after the first Monday new text end
75.27new text begin in November of either an even-numbered or odd-numbered yearnew text end .
75.28new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
75.29new text begin referendum authorized on or after that date.new text end
75.30 Sec. 14. Minnesota Statutes 2016, section 412.301, is amended to read:
75.31412.301 FINANCING PURCHASE OF CERTAIN EQUIPMENT.
76.1 (a) The council may issue certificates of indebtedness or capital notes subject to
the city
76.2debt limits to purchase capital equipment.
76.3 (b) For purposes of this section, "capital equipment" means:
76.4 (1) public safety equipment, ambulance and other medical equipment, road construction
76.5and maintenance equipment, and other capital equipment; and
76.6 (2) computer hardware and software, whether bundled with machinery or equipment or
76.7unbundled, together with application development services and training related to
the use
76.8of the computer hardware or software.
76.9 (c) The equipment or software must have an expected useful life at least as long as
the
76.10terms of the certificates or notes.
76.11 (d) Such certificates or notes shall be payable in not more than ten years and shall
be
76.12issued on such terms and in such manner as the council may determine.
76.13 (e) If the amount of the certificates or notes to be issued to finance any such purchase
76.14exceeds 0.25 percent of the estimated market value of taxable property in the city,
they shall
76.15not be issued for at least ten days after publication in the official newspaper of
a council
76.16resolution determining to issue them; and if before the end of that time, a petition
asking
76.17for an election on the proposition signed by voters equal to ten percent of the number
of
76.18voters at the last regular municipal election is filed with the clerk, such certificates
or notes
76.19shall not be issued until the proposition of their issuance has been approved by a
majority
76.20of the votes cast on the question at a regular or specialnew text begin annew text end electionnew text begin held on the first Tuesday new text end
76.21new text begin after the first Monday in November of either an even-numbered or odd-numbered yearnew text end .
76.22 (f) A tax levy shall be made for the payment of the principal and interest on such
76.23certificates or notes, in accordance with section
475.61, as in the case of bonds.
76.24new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
76.25new text begin referendum authorized on or after that date.new text end
76.26 Sec. 15. Minnesota Statutes 2016, section 426.19, subdivision 2, is amended to read:
76.27 Subd. 2. Referendum in certain cases. Before the pledge of any such revenues to the
76.28payment of any such bonds, warrants or certificates of indebtedness, except bonds,
warrants
76.29or certificates of indebtedness to construct, reconstruct, enlarge or equip a municipal
liquor
76.30store shall be made, the governing body shall submit to the voters of the city the
question
76.31of whether such revenues shall be so pledged and such pledge shall not be binding
on the
76.32city until it shall have been approved by a majority of the voters voting on the question
at
77.1either a generalnew text begin annew text end election or special election called for that purposenew text begin held on the first Tuesday new text end
77.2new text begin after the first Monday in November of either an even-numbered or odd-numbered yearnew text end . No
77.3election shall be required for pledge of such revenues for payment of bonds, warrants
or
77.4certificates of indebtedness to construct, reconstruct, enlarge or equip a municipal
liquor
77.5store.
77.6new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
77.7new text begin referendum authorized on or after that date.new text end
77.8 Sec. 16. Minnesota Statutes 2016, section 447.045, subdivision 2, is amended to read:
77.9 Subd. 2. Statutory city; on-sale and off-sale store. If the voters of a statutory city
77.10operating an on-sale and off-sale municipal liquor store, at a general or specialnew text begin annew text end electionnew text begin new text end
77.11new text begin held on the first Tuesday after the first Monday in November of either an even-numbered
new text end
77.12new text begin or odd-numbered yearnew text end , vote in favor of contributing from its liquor dispensary fund toward
77.13the construction of a community hospital, the city council may appropriate not more
than
77.14$60,000 from the fund to any incorporated nonprofit hospital association to build
a
77.15community hospital in the statutory city. The hospital must be governed by a board
including
77.16two or more members of the statutory city council and be open to all residents of
the statutory
77.17city on equal terms. This appropriation must not exceed one-half the total cost of
construction
77.18of the hospital. The council must not appropriate the money unless the average net
earnings
77.19of the on-sale and off-sale municipal liquor store have been at least $10,000 for
the last five
77.20completed fiscal years before the date of the appropriation.
77.21new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
77.22new text begin referendum authorized on or after that date.new text end
77.23 Sec. 17. Minnesota Statutes 2016, section 447.045, subdivision 3, is amended to read:
77.24 Subd. 3. Statutory city; off-sale or on- and off-sale store. (a) If a statutory city operates
77.25an off-sale, or an on- and off-sale municipal liquor store it may provide for a vote
at a general
77.26or specialnew text begin annew text end electionnew text begin held on the first Tuesday after the first Monday in November of either new text end
77.27new text begin an even-numbered or odd-numbered yearnew text end on the question of contributing from the city liquor
77.28dispensary fund to build, maintain, and operate a community hospital. If the vote
is in favor,
77.29the city council may appropriate money from the fund to an incorporated hospital association
77.30for a period of four years. The appropriation must be from the net profits or proceeds
of the
77.31municipal liquor store. It must not exceed $4,000 a year for hospital construction
and
77.32maintenance or $1,000 a year for operation. The hospital must be open to all residents
of
77.33the community on equal terms.
78.1(b) The council must not appropriate the money unless the average net earnings of
the
78.2off-sale, or on- and off-sale municipal liquor store have been at least $8,000 for
the last two
78.3completed years before the date of the appropriation.
78.4new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
78.5new text begin referendum authorized on or after that date.new text end
78.6 Sec. 18. Minnesota Statutes 2016, section 447.045, subdivision 4, is amended to read:
78.7 Subd. 4. Fourth class city operating store. If a city of the fourth class operates a
78.8municipal liquor store, it may provide for a vote at a general or specialnew text begin annew text end electionnew text begin held on new text end
78.9new text begin the first Tuesday after the first Monday in November of either an even-numbered or
new text end
78.10new text begin odd-numbered yearnew text end on the question of contributing from the profit in the city liquor
78.11dispensary fund to build, equip, and maintain a community hospital within the city
limits.
78.12If the vote is in favor, the city council may appropriate not more than $200,000 from
profits
78.13in the fund for the purpose. The hospital must be open to all residents of the city
on equal
78.14terms.
78.15The city may issue certificates of indebtedness in anticipation of and payable only
from
78.16profits from the operation of municipal liquor stores.
78.17new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
78.18new text begin referendum authorized on or after that date.new text end
78.19 Sec. 19. Minnesota Statutes 2016, section 447.045, subdivision 6, is amended to read:
78.20 Subd. 6. Statutory city; fourth class. If a fourth class statutory city operates a municipal
78.21liquor store, it may provide for a vote at a general or specialnew text begin annew text end electionnew text begin held on the first new text end
78.22new text begin Tuesday after the first Monday in November of either an even-numbered or odd-numbered
new text end
78.23new text begin yearnew text end on the question of contributing from the city liquor dispensary fund not more than
78.24$15,000 a year for five years to build and maintain a community hospital. If the vote
is in
78.25favor the council may appropriate the money from the fund to an incorporated community
78.26hospital association in the city.
78.27new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
78.28new text begin referendum authorized on or after that date.new text end
78.29 Sec. 20. Minnesota Statutes 2016, section 447.045, subdivision 7, is amended to read:
78.30 Subd. 7. Statutory city; any store. If a statutory city operates a municipal liquor store,
78.31it may provide for a vote at a general or specialnew text begin annew text end electionnew text begin held on the first Tuesday after new text end
79.1new text begin the first Monday in November of either an even-numbered or odd-numbered yearnew text end on the
79.2question of contributing from the statutory city liquor dispensary fund toward the
acquisition,
79.3construction, improvement, maintenance, and operation of a community hospital. If
the
79.4vote is in favor, the council may appropriate money from time to time out of the net
profits
79.5or proceeds of the municipal liquor store to an incorporated nonprofit hospital association
79.6in the statutory city. The hospital association must be governed by a board of directors
79.7elected by donors of $50 or more, who each have one vote. The hospital must be open
to
79.8all residents of the community on equal terms.
79.9new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
79.10new text begin referendum authorized on or after that date.new text end
79.11 Sec. 21. Minnesota Statutes 2016, section 452.11, is amended to read:
79.12452.11 SUBMISSION TO VOTERS.
79.13No city of the first class shall acquire or construct any public utility under the
terms of
79.14sections
452.08 to
452.13 unless the proposition to acquire or construct same has first been
79.15submitted to the qualified electors of the city at a general city election or at a special election
79.16called for that purpose,new text begin held on the first Tuesday after the first Monday in November of new text end
79.17new text begin either an even-numbered or odd-numbered yearnew text end and new text begin has new text end been approved by a majority vote
79.18of all electors voting upon the proposition.
79.19The question of issuing public utility certificates as provided in section
452.09 may, at
79.20the option of the council, be submitted at the same election as the question of the
acquisition
79.21or construction of the public utility.
79.22new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
79.23new text begin referendum authorized on or after that date.new text end
79.24 Sec. 22. Minnesota Statutes 2016, section 455.24, is amended to read:
79.25455.24 SUBMISSION TO VOTERS.
79.26Before incurring any expense under the powers conferred by section
455.23, the approval
79.27of the voters of the city shall first be had at a general or specialnew text begin annew text end election held thereinnew text begin on new text end
79.28new text begin the first Tuesday after the first Monday in November of either an even-numbered or
new text end
79.29new text begin odd-numbered yearnew text end . If a majority of the voters of the city participating at the election shall
79.30vote in favor of the construction of the system of poles, wires and cables herein
authorized
79.31to be made, the council shall proceed with the construction.
80.1new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
80.2new text begin referendum authorized on or after that date.new text end
80.3 Sec. 23. Minnesota Statutes 2016, section 455.29, is amended to read:
80.4455.29 MUNICIPALITIES MAY EXTEND ELECTRIC SERVICE.
80.5Except as otherwise restricted by chapter 216B, the governing body, or the commission
80.6or board charged with the operation of the public utilities, if one exists therein,
of any
80.7municipality in the state owning and operating an electric light and power plant for
the
80.8purpose of the manufacture and sale of electrical power or for the purchase and redistribution
80.9of electrical power, may, upon a two-thirds vote of the governing body, or the commission
80.10or board, in addition to all other powers now possessed by such municipality, sell
electricity
80.11to customers, singly or collectively, outside of such municipality, within the state
but not
80.12to exceed a distance of 30 miles from the corporate limits of the municipality. Before
any
80.13municipality shall have the power to extend its lines and sell electricity outside
of the
80.14municipality as provided by sections
455.29 and
455.30, the governing body shall first
80.15submit to the voters of the municipality, at a general or specialnew text begin annew text end electionnew text begin held on the first new text end
80.16new text begin Tuesday after the first Monday in November of either an even-numbered or odd-numbered
new text end
80.17new text begin yearnew text end , the general principle of going outside the municipality and fixing the maximum amount
80.18of contemplated expenditures reasonably expected to be made for any and all extensions
80.19then or thereafter contemplated. Three weeks' published notice shall be given of such
election
80.20as required by law, and if a majority of those voting upon the proposition favors
the same,
80.21then the municipality shall thereafter be considered as having chosen to enter the
general
80.22business of extending its electric light and power facilities beyond the corporate
limits of
80.23the municipality. It shall not be necessary to submit to a vote of the people the
question of
80.24any specific enlargement, extension, or improvement of any outside lines; provided
the
80.25voters of the municipality have generally elected to exercise the privileges afforded
by
80.26sections
455.29 and
455.30, and, provided, that each and any specific extension, enlargement,
80.27or improvement project is within the limit of the maximum expenditure authorized at
the
80.28election. In cities operating under a home rule charter, where a vote of the people
is not
80.29now required in order to extend electric light and power lines, no election shall
be required
80.30under the provisions of any act. At any election held to determine the attitude of
the voters
80.31upon this principle, the question shall be simply stated upon the ballot provided
therefor,
80.32and shall be substantially in the following form: "Shall the city of .....................
undertake
80.33the general proposition of extending its electric light and power lines beyond the
limits of
80.34the municipality, and limit the maximum expenditures for any and all future extensions
to
80.35the sum of $....................?" For this purpose every municipality is authorized
and empowered
81.1to extend the lines, wires, and fixtures of its plant to such customers and may issue
certificates
81.2of indebtedness therefor in an amount not to exceed the actual cost of the extensions
and
81.3for a term not to exceed the reasonable life of the extensions. These certificates
of
81.4indebtedness shall in no case be made a charge against the municipality, but shall
be payable
81.5and paid out of current revenues of the plant other than taxes.
81.6new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
81.7new text begin referendum authorized on or after that date.new text end
81.8 Sec. 24. Minnesota Statutes 2016, section 459.06, subdivision 1, is amended to read:
81.9 Subdivision 1. Accept donations. Any county, city, or town may by resolution of its
81.10governing body accept donations of land that the governing body deems to be better
adapted
81.11for the production of timber and wood than for any other purpose, for a forest, and
may
81.12manage it on forestry principles. The donor of not less than 100 acres of any such
land shall
81.13be entitled to have the land perpetually bear the donor's name. The governing body
of any
81.14city or town, when funds are available or have been levied therefor, may, when authorized
81.15by a majority vote by ballot of the voters voting at any general or special city electionnew text begin held new text end
81.16new text begin on the first Tuesday after the first Monday in November of either an even-numbered
or new text end
81.17new text begin odd-numbered yearnew text end or new text begin the annual new text end town meeting where the question is properly submitted,
81.18purchase or obtain by condemnation proceedings, and preferably at the sources of streams,
81.19any tract of land for a forest which is better adapted for the production of timber
and wood
81.20than for any other purpose, and which is conveniently located for the purpose, and
manage
81.21it on forestry principles. The city or town may annually levy a tax on all taxable
property
81.22within its boundaries to procure and maintain such forests.
81.23new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
81.24new text begin referendum authorized on or after that date.new text end
81.25 Sec. 25. Minnesota Statutes 2016, section 469.053, subdivision 5, is amended to read:
81.26 Subd. 5. Reverse referendum. A city may increase its levy for port authority purposes
81.27under subdivision 4 only as provided in this subdivision. Its city council must first
pass a
81.28resolution stating the proposed amount of levy increase. The city must then publish
the
81.29resolution together with a notice of public hearing on the resolution for two successive
81.30weeks in its official newspaper or, if none exists, in a newspaper of general circulation
in
81.31the city. The hearing must be held two to four weeks after the first publication.
After the
81.32hearing, the city council may decide to take no action or may adopt a resolution authorizing
81.33the proposed increase or a lesser increase. A resolution authorizing an increase must
be
82.1published in the city's official newspaper or, if none exists, in a newspaper of general
82.2circulation in the city. The resolution is not effective if a petition requesting
a referendum
82.3on the resolution is filed with the city clerk within 30 days of publication of the
resolution.
82.4The petition must be signed by voters equaling five percent of the votes cast in the
city in
82.5the last general election. The resolution is effective if approved by a majority of
those voting
82.6on the question. The commissioner of revenue shall prepare a suggested form of referendum
82.7question. The referendum must be held at a special or generalnew text begin annew text end election before October 1
82.8of the year for which the levy increase is proposednew text begin conducted on the first Tuesday after the new text end
82.9new text begin first Monday in November of either an even-numbered or odd-numbered year. If approved
new text end
82.10new text begin by the voters, the levy increase may take effect no sooner than the next calendar
yearnew text end .
82.11new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
82.12new text begin referendum authorized on or after that date.new text end
82.13 Sec. 26. Minnesota Statutes 2016, section 469.107, subdivision 2, is amended to read:
82.14 Subd. 2. Reverse referendum. A city may increase its levy for economic development
82.15authority purposes under subdivision 1 in the following way. Its city council must
first pass
82.16a resolution stating the proposed amount of levy increase. The city must then publish
the
82.17resolution together with a notice of public hearing on the resolution for two successive
82.18weeks in its official newspaper or if none exists in a newspaper of general circulation
in the
82.19city. The hearing must be held two to four weeks after the first publication. After
the hearing,
82.20the city council may decide to take no action or may adopt a resolution authorizing
the
82.21proposed increase or a lesser increase. A resolution authorizing an increase must
be published
82.22in the city's official newspaper or if none exists in a newspaper of general circulation
in the
82.23city. The resolution is not effective if a petition requesting a referendum on the
resolution
82.24is filed with the city clerk within 30 days of publication of the resolution. The
petition must
82.25be signed by voters equaling five percent of the votes cast in the city in the last
general
82.26election. The electionnew text begin referendumnew text end must be held at a general or specialnew text begin annew text end electionnew text begin held on new text end
82.27new text begin the first Tuesday after the first Monday in November of either an even-numbered or
new text end
82.28new text begin odd-numbered yearnew text end . Notice of the election must be given in the manner required by law.
82.29The notice must state the purpose and amount of the levy.
82.30new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
82.31new text begin referendum authorized on or after that date.new text end
83.1 Sec. 27. Minnesota Statutes 2016, section 469.190, subdivision 1, is amended to read:
83.2 Subdivision 1. Authorization. Notwithstanding section
477A.016 or any other law, a
83.3statutory or home rule charter city may by ordinance, and a town may by the affirmative
83.4vote of the electors at the annual town meeting, or at a special town meeting, impose a tax
83.5of up to three percent on the gross receipts from the furnishing for consideration
of lodging
83.6at a hotel, motel, rooming house, tourist court, or resort, other than the renting
or leasing
83.7of it for a continuous period of 30 days or more. A statutory or home rule charter
city may
83.8by ordinance impose the tax authorized under this subdivision on the camping site
receipts
83.9of a municipal campground.
83.10new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
83.11new text begin referendum authorized on or after that date.new text end
83.12 Sec. 28. Minnesota Statutes 2016, section 469.190, subdivision 5, is amended to read:
83.13 Subd. 5. Reverse referendum. If the county board passes a resolution under subdivision
83.144 to impose the tax, the resolution must be published for two successive weeks in
a newspaper
83.15of general circulation within the unorganized territory, together with a notice fixing
a date
83.16for a public hearing on the proposed tax.
83.17The hearing must be held not less than two weeks nor more than four weeks after the
83.18first publication of the notice. After the public hearing, the county board may determine
to
83.19take no further action, or may adopt a resolution authorizing the tax as originally
proposed
83.20or approving a lesser rate of tax. The resolution must be published in a newspaper
of general
83.21circulation within the unorganized territory. The voters of the unorganized territory
may
83.22request a referendum on the proposed tax by filing a petition with the county auditor
within
83.2330 days after the resolution is published. The petition must be signed by voters who
reside
83.24in the unorganized territory. The number of signatures must equal at least five percent
of
83.25the number of persons voting in the unorganized territory in the last general election.
If such
83.26a petition is timely filed, the resolution is not effective until it has been submitted
to the
83.27voters residing in the unorganized territory at a general or specialnew text begin annew text end electionnew text begin held on the new text end
83.28new text begin first Tuesday after the first Monday in November of either an even-numbered or new text end
83.29new text begin odd-numbered yearnew text end and a majority of votes cast on the question of approving the resolution
83.30are in the affirmative. The commissioner of revenue shall prepare a suggested form
of
83.31question to be presented at the referendum.
83.32new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
83.33new text begin referendum authorized on or after that date.new text end
84.1 Sec. 29. Minnesota Statutes 2016, section 471.57, subdivision 3, is amended to read:
84.2 Subd. 3. May use fund for other purposes upon vote. The council of any municipality
84.3which has established a public works reserve fund by an ordinance designating the
specific
84.4improvement or type of capital improvement for which the fund may be used may submit
84.5to the voters of the municipality at any regular or special new text begin an new text end electionnew text begin held on the first Tuesday new text end
84.6new text begin after the first Monday in November of either an even-numbered or odd-numbered yearnew text end the
84.7question of using the fund for some other purpose. If a majority of the votes cast
on the
84.8question are in favor of such diversion from the original purpose of the fund, it
may be used
84.9for any purpose so approved by the voters.
84.10new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
84.11new text begin referendum authorized on or after that date.new text end
84.12 Sec. 30. Minnesota Statutes 2016, section 471.571, subdivision 3, is amended to read:
84.13 Subd. 3. Expenditure from fund, limitation. No expenditure for any one project in
84.14excess of 60 percent of one year's levy or $25,000, whichever is greater, may be made
from
84.15such permanent improvement or replacement fund in any year without first obtaining
the
84.16approval of a majority of the voters voting at a general or special municipal electionnew text begin held new text end
84.17new text begin on the first Tuesday after the first Monday in November of either an even-numbered
or new text end
84.18new text begin odd-numbered yearnew text end at which the question of making such expenditure has been submitted.
84.19In submitting any proposal to the voters for approval, the amount proposed to be spent
and
84.20the purpose thereof shall be stated in the proposal submitted. The proceeds of such
levies
84.21may be pledged for the payment of any bonds issued pursuant to law for any purposes
84.22authorized hereby and annual payments upon such bonds or interest may be made without
84.23additional authorization.
84.24new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
84.25new text begin referendum authorized on or after that date.new text end
84.26 Sec. 31. Minnesota Statutes 2016, section 471.572, subdivision 2, is amended to read:
84.27 Subd. 2. Tax levy. The governing body of a city may establish, by a two-thirds vote of
84.28all its members, by ordinance or resolution a reserve fund and may annually levy a
property
84.29tax for the support of the fund. The proceeds of taxes levied for its support must
be paid
84.30into the reserve fund. Any other revenue from a source not required by law to be paid
into
84.31another fund for purposes other than those provided for the use of the reserve fund
may be
84.32paid into the fund. Before a tax is levied under this section, the city must publish
in the
84.33official newspaper of the city an initial resolution authorizing the tax levy. If
within ten
85.1days after the publication a petition is filed with the city clerk requesting an election
on the
85.2tax levy signed by a number of qualified voters greater than ten percent of the number
who
85.3voted in the city at the last general election, the tax may not be levied until the
levy has
85.4been approved by a majority of the votes cast on it at a regular or specialnew text begin annew text end electionnew text begin held new text end
85.5new text begin on the first Tuesday after the first Monday in November of either an even-numbered
or new text end
85.6new text begin odd-numbered yearnew text end .
85.7new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
85.8new text begin referendum authorized on or after that date.new text end
85.9 Sec. 32. Minnesota Statutes 2016, section 471.572, subdivision 4, is amended to read:
85.10 Subd. 4. Use of fund for a specific purpose. If the city has established a reserve fund,
85.11it may submit to the voters at a regular or specialnew text begin annew text end electionnew text begin held on the first Tuesday after new text end
85.12new text begin the first Monday in November of either an even-numbered or odd-numbered yearnew text end the question
85.13of whether use of the fund should be restricted to a specific improvement or type
of capital
85.14improvement. If a majority of the votes cast on the question are in favor of the limitation
85.15on the use of the reserve fund, it may be used only for the purpose approved by the
voters.
85.16new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
85.17new text begin referendum authorized on or after that date.new text end
85.18 Sec. 33. Minnesota Statutes 2016, section 475.59, is amended to read:
85.19475.59 MANNER OF SUBMISSION; NOTICE.
85.20 new text begin Subdivision 1.new text end new text begin Generally; notice.new text end When the governing body of a municipality resolves
85.21to issue bonds for any purpose requiring the approval of the electors, it shall provide
for
85.22submission of the proposition of their issuance at a general or special election or
town or
85.23school district meeting. Notice of such election or meeting shall be given in the
manner
85.24required by law and shall state the maximum amount and the purpose of the proposed
issue.
85.25In any school district, the school board or board of education may, according to its
judgment
85.26and discretion, submit as a single ballot question or as two or more separate questions
in
85.27the notice of election and ballots the proposition of their issuance for any one or
more of
85.28the following, stated conjunctively or in the alternative: acquisition or enlargement
of sites,
85.29acquisition, betterment, erection, furnishing, equipping of one or more new schoolhouses,
85.30remodeling, repairing, improving, adding to, betterment, furnishing, equipping of
one or
85.31more existing schoolhouses. In any city, town, or county, the governing body may,
according
85.32to its judgment and discretion, submit as a single ballot question or as two or more
separate
85.33questions in the notice of election and ballots the proposition of their issuance,
stated
86.1conjunctively or in the alternative, for the acquisition, construction, or improvement
of any
86.2facilities at one or more locations.
86.3 new text begin Subd. 2.new text end new text begin Election date.new text end new text begin An election to approve issuance of bonds under this section held new text end
86.4new text begin by a municipality other than a town must be held on the first Tuesday after the first
Monday new text end
86.5new text begin in November of either an even-numbered or odd-numbered year. An election under this
new text end
86.6new text begin section held by a town may be held on the same day as the annual town meeting or on
the new text end
86.7new text begin first Tuesday after the first Monday in November of either an even-numbered or new text end
86.8new text begin odd-numbered year.new text end
86.9 new text begin Subd. 3.new text end new text begin Special laws.new text end new text begin If a referendum on the issuance of bonds or other debt obligations new text end
86.10new text begin authorized in a special law is required, it must be held on a date as provided in
subdivision new text end
86.11new text begin 2, notwithstanding any provision in the special law authorizing the referendum to
be held new text end
86.12new text begin at any other time.new text end
86.13 new text begin Subd. 4.new text end new text begin Exception for disaster or emergency.new text end new text begin Subdivisions 2 and 3, and any other new text end
86.14new text begin law requiring an election to approve issuance of bonds or other debt obligations to
be held new text end
86.15new text begin on the first Tuesday after the first Monday in November of either an even-numbered
or new text end
86.16new text begin odd-numbered year, do not apply to issuance of bonds or other debt obligations to
finance new text end
86.17new text begin the municipality's response to an emergency or disaster. "Disaster" means a situation
that new text end
86.18new text begin creates an actual or imminent serious threat to the health and safety of persons,
or a situation new text end
86.19new text begin that has resulted or is likely to result in catastrophic loss to property or the environment.
new text end
86.20new text begin "Emergency" means an unforeseen combination of circumstances that calls for immediate
new text end
86.21new text begin action to prevent a disaster, identified in the referendum, from developing or occurring.new text end
86.22new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to any new text end
86.23new text begin referendum authorized on or after that date.new text end
86.24 Sec. 34. new text begin REPEALER.new text end
86.25new text begin Minnesota Statutes 2016, section 205.10, subdivision 3,new text end new text begin is repealed.new text end
86.26new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017.new text end
86.27ARTICLE 3
86.28AIDS, CREDITS, AND REFUNDS
86.29 Section 1. Minnesota Statutes 2016, section 127A.45, subdivision 10, is amended to read:
86.30 Subd. 10. Payments to school nonoperating funds. Each fiscal year state general fund
86.31payments for a district nonoperating fund must be made at the current year aid payment
86.32percentage of the estimated entitlement during the fiscal year of the entitlement.
This amount
87.1shall be paid in 12new text begin sixnew text end equal monthly installmentsnew text begin beginning in Julynew text end . The amount of the
87.2actual entitlement, after adjustment for actual data, minus the payments made during
the
87.3fiscal year of the entitlement must be paid prior to October 31 of the following school
year.
87.4The commissioner may make advance payments of debt service equalization aid and
87.5state-paid tax credits for a district's debt service fund earlier than would occur
under the
87.6preceding schedule if the district submits evidence showing a serious cash flow problem
in
87.7the fund. The commissioner may make earlier payments during the year and, if necessary,
87.8increase the percent of the entitlement paid to reduce the cash flow problem.
87.9new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with fiscal year 2019.new text end
87.10 Sec. 2. Minnesota Statutes 2016, section 127A.45, subdivision 13, is amended to read:
87.11 Subd. 13. Aid payment percentage. Except as provided in subdivisions new text begin 10, new text end 11, 12, 12a,
87.12and 14, each fiscal year, all education aids and credits in this chapter and chapters
120A,
87.13120B, 121A, 122A, 123A, 123B, 124D, 124E, 125A, 125B, 126C, 134, and section
273.1392,
87.14shall be paid at the current year aid payment percentage of the estimated entitlement
during
87.15the fiscal year of the entitlement. For the purposes of this subdivision, a district's
estimated
87.16entitlement for special education aid under section
125A.76 for fiscal year 2014 and later
87.17equals 97.4 percent of the district's entitlement for the current fiscal year. The
final adjustment
87.18payment, according to subdivision 9, must be the amount of the actual entitlement,
after
87.19adjustment for actual data, minus the payments made during the fiscal year of the
entitlement.
87.20new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with fiscal year 2019.new text end
87.21 Sec. 3. new text begin [273.1387] SCHOOL BUILDING BOND AGRICULTURAL CREDIT.new text end
87.22 new text begin Subdivision 1.new text end new text begin Eligibility.new text end new text begin All class 2a, 2b, and 2c property under section 273.13, new text end
87.23new text begin subdivision 23, other than property consisting of the house, garage, and immediately
new text end
87.24new text begin surrounding one acre of land of an agricultural homestead, is eligible to receive
the credit new text end
87.25new text begin under this section.new text end
87.26 new text begin Subd. 2.new text end new text begin Credit amount.new text end new text begin For each qualifying property, the school building bond new text end
87.27new text begin agricultural credit is equal to 50 percent of the property's eligible net tax capacity
multiplied new text end
87.28new text begin by the school debt tax rate determined under section 275.08, subdivision 1b.new text end
87.29 new text begin Subd. 3.new text end new text begin Credit reimbursements.new text end new text begin The county auditor shall determine the tax reductions new text end
87.30new text begin allowed under this section within the county for each taxes payable year and shall
certify new text end
87.31new text begin that amount to the commissioner of revenue as a part of the abstracts of tax lists
submitted new text end
87.32new text begin under section 275.29. Any prior year adjustments shall also be certified on the abstracts
of new text end
88.1new text begin tax lists. The commissioner shall review the certifications for accuracy, and may
make such new text end
88.2new text begin changes as are deemed necessary, or return the certification to the county auditor
for new text end
88.3new text begin correction. The credit under this section must be used to reduce the school district
net tax new text end
88.4new text begin capacity-based property tax as provided in section new text end
new text begin .new text end
88.5 new text begin Subd. 4.new text end new text begin Payment.new text end new text begin The commissioner of revenue shall certify the total of the tax new text end
88.6new text begin reductions granted under this section for each taxes payable year within each school
district new text end
88.7new text begin to the commissioner of education, who shall pay the reimbursement amounts to each
school new text end
88.8new text begin district as provided in section new text end
new text begin .new text end
88.9 new text begin Subd. 5.new text end new text begin Appropriation.new text end new text begin An amount sufficient to make the payments required by this new text end
88.10new text begin section is annually appropriated from the general fund to the commissioner of education.new text end
88.11new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with taxes payable in 2018.new text end
88.12 Sec. 4. Minnesota Statutes 2016, section 273.1392, is amended to read:
88.13273.1392 PAYMENT; SCHOOL DISTRICTS.
88.14The amounts of bovine tuberculosis credit reimbursements under section
273.113;
88.15conservation tax credits under section
273.119; disaster or emergency reimbursement under
88.16sections
273.1231 to
273.1235; homestead and agricultural credits under sectionnew text begin sectionsnew text end
88.17273.1384
new text begin and 273.1387new text end ; aids and credits under section
273.1398; enterprise zone property
88.18credit payments under section
469.171; and metropolitan agricultural preserve reduction
88.19under section
473H.10 for school districts, shall be certified to the Department of Education
88.20by the Department of Revenue. The amounts so certified shall be paid according to
section
88.21127A.45
, subdivisions 9new text begin , 10,new text end and 13.
88.22new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with taxes payable in 2018.new text end
88.23 Sec. 5. Minnesota Statutes 2016, section 273.1393, is amended to read:
88.24273.1393 COMPUTATION OF NET PROPERTY TAXES.
88.25 Notwithstanding any other provisions to the contrary, "net" property taxes are determined
88.26by subtracting the credits in the order listed from the gross tax:
88.27 (1) disaster credit as provided in sections
273.1231 to
273.1235;
88.28 (2) powerline credit as provided in section
273.42;
88.29 (3) agricultural preserves credit as provided in section
473H.10;
88.30 (4) enterprise zone credit as provided in section
469.171;
89.1 (5) disparity reduction credit;
89.2 (6) conservation tax credit as provided in section
273.119;
89.3 (7) new text begin the school bond credit as provided in section 273.1387;new text end
89.4 new text begin (8) new text end agricultural credit as provided in section
273.1384;
89.5 (8)new text begin (9)new text end taconite homestead credit as provided in section
273.135;
89.6 (9)new text begin (10)new text end supplemental homestead credit as provided in section
273.1391; and
89.7 (10)new text begin (11)new text end the bovine tuberculosis zone credit, as provided in section
273.113.
89.8 The combination of all property tax credits must not exceed the gross tax amount.
89.9new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with taxes payable in 2018.new text end
89.10 Sec. 6. Minnesota Statutes 2016, section 275.065, subdivision 3, is amended to read:
89.11 Subd. 3. Notice of proposed property taxes. (a) The county auditor shall prepare and
89.12the county treasurer shall deliver after November 10 and on or before November 24
each
89.13year, by first class mail to each taxpayer at the address listed on the county's current
year's
89.14assessment roll, a notice of proposed property taxes. Upon written request by the
taxpayer,
89.15the treasurer may send the notice in electronic form or by electronic mail instead
of on paper
89.16or by ordinary mail.
89.17 (b) The commissioner of revenue shall prescribe the form of the notice.
89.18 (c) The notice must inform taxpayers that it contains the amount of property taxes
each
89.19taxing authority proposes to collect for taxes payable the following year. In the
case of a
89.20town, or in the case of the state general tax, the final tax amount will be its proposed
tax.
89.21The notice must clearly state for each city that has a population over 500, county,
school
89.22district, regional library authority established under section
134.201, and metropolitan taxing
89.23districts as defined in paragraph (i), the time and place of a meeting for each taxing
authority
89.24in which the budget and levy will be discussed and public input allowed, prior to
the final
89.25budget and levy determination. The taxing authorities must provide the county auditor
with
89.26the information to be included in the notice on or before the time it certifies its
proposed
89.27levy under subdivision 1. The public must be allowed to speak at that meeting, which
must
89.28occur after November 24 and must not be held before 6:00 p.m. It must provide a telephone
89.29number for the taxing authority that taxpayers may call if they have questions related
to the
89.30notice and an address where comments will be received by mail, except that no notice
89.31required under this section shall be interpreted as requiring the printing of a personal
89.32telephone number or address as the contact information for a taxing authority. If
a taxing
90.1authority does not maintain public offices where telephone calls can be received by
the
90.2authority, the authority may inform the county of the lack of a public telephone number
and
90.3the county shall not list a telephone number for that taxing authority.
90.4 (d) The notice must state for each parcel:
90.5 (1) the market value of the property as determined under section
273.11, and used for
90.6computing property taxes payable in the following year and for taxes payable in the
current
90.7year as each appears in the records of the county assessor on November 1 of the current
90.8year; and, in the case of residential property, whether the property is classified
as homestead
90.9or nonhomestead. The notice must clearly inform taxpayers of the years to which the
market
90.10values apply and that the values are final values;
90.11 (2) the items listed below, shown separately by county, city or town, and state general
90.12tax, agricultural homestead credit under section
273.1384, new text begin school building bond agricultural new text end
90.13new text begin credit under section 273.1387, new text end voter approved school levy, other local school levy, and the
90.14sum of the special taxing districts, and as a total of all taxing authorities:
90.15 (i) the actual tax for taxes payable in the current year; and
90.16 (ii) the proposed tax amount.
90.17 If the county levy under clause (2) includes an amount for a lake improvement district
90.18as defined under sections
103B.501 to
103B.581, the amount attributable for that purpose
90.19must be separately stated from the remaining county levy amount.
90.20 In the case of a town or the state general tax, the final tax shall also be its proposed
tax
90.21unless the town changes its levy at a special town meeting under section
365.52. If a school
90.22district has certified under section
126C.17, subdivision 9, that a referendum will be held
90.23in the school district at the November general election, the county auditor must note
next
90.24to the school district's proposed amount that a referendum is pending and that, if
approved
90.25by the voters, the tax amount may be higher than shown on the notice. In the case
of the
90.26city of Minneapolis, the levy for Minneapolis Park and Recreation shall be listed
separately
90.27from the remaining amount of the city's levy. In the case of the city of St. Paul,
the levy for
90.28the St. Paul Library Agency must be listed separately from the remaining amount of
the
90.29city's levy. In the case of Ramsey County, any amount levied under section
134.07 may be
90.30listed separately from the remaining amount of the county's levy. In the case of a
parcel
90.31where tax increment or the fiscal disparities areawide tax under chapter 276A or 473F
90.32applies, the proposed tax levy on the captured value or the proposed tax levy on the
tax
90.33capacity subject to the areawide tax must each be stated separately and not included
in the
90.34sum of the special taxing districts; and
91.1 (3) the increase or decrease between the total taxes payable in the current year and
the
91.2total proposed taxes, expressed as a percentage.
91.3 For purposes of this section, the amount of the tax on homesteads qualifying under
the
91.4senior citizens' property tax deferral program under chapter 290B is the total amount
of
91.5property tax before subtraction of the deferred property tax amount.
91.6 (e) The notice must clearly state that the proposed or final taxes do not include
the
91.7following:
91.8 (1) special assessments;
91.9 (2) levies approved by the voters after the date the proposed taxes are certified,
including
91.10bond referenda and school district levy referenda;
91.11 (3) a levy limit increase approved by the voters by the first Tuesday after the first
Monday
91.12in November of the levy year as provided under section
275.73;
91.13 (4) amounts necessary to pay cleanup or other costs due to a natural disaster occurring
91.14after the date the proposed taxes are certified;
91.15 (5) amounts necessary to pay tort judgments against the taxing authority that become
91.16final after the date the proposed taxes are certified; and
91.17 (6) the contamination tax imposed on properties which received market value reductions
91.18for contamination.
91.19 (f) Except as provided in subdivision 7, failure of the county auditor to prepare
or the
91.20county treasurer to deliver the notice as required in this section does not invalidate
the
91.21proposed or final tax levy or the taxes payable pursuant to the tax levy.
91.22 (g) If the notice the taxpayer receives under this section lists the property as
91.23nonhomestead, and satisfactory documentation is provided to the county assessor by
the
91.24applicable deadline, and the property qualifies for the homestead classification in
that
91.25assessment year, the assessor shall reclassify the property to homestead for taxes
payable
91.26in the following year.
91.27 (h) In the case of class 4 residential property used as a residence for lease or rental
91.28periods of 30 days or more, the taxpayer must either:
91.29 (1) mail or deliver a copy of the notice of proposed property taxes to each tenant,
renter,
91.30or lessee; or
91.31 (2) post a copy of the notice in a conspicuous place on the premises of the property.
92.1 The notice must be mailed or posted by the taxpayer by November 27 or within three
92.2days of receipt of the notice, whichever is later. A taxpayer may notify the county
treasurer
92.3of the address of the taxpayer, agent, caretaker, or manager of the premises to which
the
92.4notice must be mailed in order to fulfill the requirements of this paragraph.
92.5 (i) For purposes of this subdivision and subdivision 6, "metropolitan special taxing
92.6districts" means the following taxing districts in the seven-county metropolitan area
that
92.7levy a property tax for any of the specified purposes listed below:
92.8 (1) Metropolitan Council under section
473.132,
473.167,
473.249,
473.325,
473.446,
92.9473.521
,
473.547, or
473.834;
92.10 (2) Metropolitan Airports Commission under section
473.667,
473.671, or
473.672; and
92.11 (3) Metropolitan Mosquito Control Commission under section
473.711.
92.12 For purposes of this section, any levies made by the regional rail authorities in
the county
92.13of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 398A
92.14shall be included with the appropriate county's levy.
92.15 (j) The governing body of a county, city, or school district may, with the consent
of the
92.16county board, include supplemental information with the statement of proposed property
92.17taxes about the impact of state aid increases or decreases on property tax increases
or
92.18decreases and on the level of services provided in the affected jurisdiction. This
supplemental
92.19information may include information for the following year, the current year, and
for as
92.20many consecutive preceding years as deemed appropriate by the governing body of the
92.21county, city, or school district. It may include only information regarding:
92.22 (1) the impact of inflation as measured by the implicit price deflator for state and
local
92.23government purchases;
92.24 (2) population growth and decline;
92.25 (3) state or federal government action; and
92.26 (4) other financial factors that affect the level of property taxation and local services
92.27that the governing body of the county, city, or school district may deem appropriate
to
92.28include.
92.29 The information may be presented using tables, written narrative, and graphic
92.30representations and may contain instruction toward further sources of information
or
92.31opportunity for comment.
92.32new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with taxes payable in 2018.new text end
93.1 Sec. 7. Minnesota Statutes 2016, section 275.07, subdivision 2, is amended to read:
93.2 Subd. 2. School district in more than one countynew text begin levies; special requirementsnew text end . new text begin (a) new text end In
93.3school districts lying in more than one county, the clerk shall certify the tax levied
to the
93.4auditor of the county in which the administrative offices of the school district are
located.
93.5new text begin (b) The district must identify the portion of the school district levy that is levied
for debt new text end
93.6new text begin service at the time the levy is certified under this section. For the purposes of
this paragraph, new text end
93.7new text begin "levied for debt service" means levies authorized under sections 123B.53, 123B.535,
and new text end
93.8new text begin 123B.55, as adjusted by sections 126C.46 and 126C.48, net of any debt excess levy
reductions new text end
93.9new text begin under section 475.61, subdivision 4, excluding debt service amounts necessary for
repayment new text end
93.10new text begin of other postemployment benefits under section 475.52, subdivision 6.new text end
93.11new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with taxes payable in 2018.new text end
93.12 Sec. 8. Minnesota Statutes 2016, section 275.08, subdivision 1b, is amended to read:
93.13 Subd. 1b. Computation of tax rates. new text begin (a) new text end The amounts certified to be levied against net
93.14tax capacity under section
275.07 by an individual local government unit shall be divided
93.15by the total net tax capacity of all taxable properties within the local government
unit's
93.16taxing jurisdiction. The resulting ratio, the local government's local tax rate, multiplied
by
93.17each property's net tax capacity shall be each property's net tax capacity tax for
that local
93.18government unit before reduction by any credits.
93.19new text begin (b) The auditor must also determine the school debt tax rate for each school district
equal new text end
93.20new text begin to (1) the school debt service levy certified under section 275.07, subdivision 2,
divided by new text end
93.21new text begin (2) the total net tax capacity of all taxable property within the district.new text end
93.22new text begin (c) new text end Any amount certified to the county auditor to be levied against market value shall
93.23be divided by the total referendum market value of all taxable properties within the
taxing
93.24district. The resulting ratio, the taxing district's new referendum tax rate, multiplied
by each
93.25property's referendum market value shall be each property's new referendum tax before
93.26reduction by any credits. For the purposes of this subdivision, "referendum market
value"
93.27means the market value as defined in section
126C.01, subdivision 3.
93.28new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with taxes payable in 2018.new text end
93.29 Sec. 9. Minnesota Statutes 2016, section 276.04, subdivision 2, is amended to read:
93.30 Subd. 2. Contents of tax statements. (a) The treasurer shall provide for the printing of
93.31the tax statements. The commissioner of revenue shall prescribe the form of the property
93.32tax statement and its contents. The tax statement must not state or imply that property
tax
94.1credits are paid by the state of Minnesota. The statement must contain a tabulated
statement
94.2of the dollar amount due to each taxing authority and the amount of the state tax
from the
94.3parcel of real property for which a particular tax statement is prepared. The dollar
amounts
94.4attributable to the county, the state tax, the voter approved school tax, the other
local school
94.5tax, the township or municipality, and the total of the metropolitan special taxing
districts
94.6as defined in section
275.065, subdivision 3, paragraph (i), must be separately stated. The
94.7amounts due all other special taxing districts, if any, may be aggregated except that
any
94.8levies made by the regional rail authorities in the county of Anoka, Carver, Dakota,
Hennepin,
94.9Ramsey, Scott, or Washington under chapter 398A shall be listed on a separate line
directly
94.10under the appropriate county's levy. If the county levy under this paragraph includes
an
94.11amount for a lake improvement district as defined under sections
103B.501 to
103B.581,
94.12the amount attributable for that purpose must be separately stated from the remaining
county
94.13levy amount. In the case of Ramsey County, if the county levy under this paragraph
includes
94.14an amount for public library service under section
134.07, the amount attributable for that
94.15purpose may be separated from the remaining county levy amount. The amount of the
tax
94.16on homesteads qualifying under the senior citizens' property tax deferral program
under
94.17chapter 290B is the total amount of property tax before subtraction of the deferred
property
94.18tax amount. The amount of the tax on contamination value imposed under sections
270.91
94.19to
270.98, if any, must also be separately stated. The dollar amounts, including the dollar
94.20amount of any special assessments, may be rounded to the nearest even whole dollar.
For
94.21purposes of this section whole odd-numbered dollars may be adjusted to the next higher
94.22even-numbered dollar. The amount of market value excluded under section
273.11,
94.23subdivision 16
, if any, must also be listed on the tax statement.
94.24 (b) The property tax statements for manufactured homes and sectional structures taxed
94.25as personal property shall contain the same information that is required on the tax
statements
94.26for real property.
94.27 (c) Real and personal property tax statements must contain the following information
94.28in the order given in this paragraph. The information must contain the current year
tax
94.29information in the right column with the corresponding information for the previous
year
94.30in a column on the left:
94.31 (1) the property's estimated market value under section
273.11, subdivision 1;
94.32 (2) the property's homestead market value exclusion under section
273.13, subdivision
94.3335;
94.34 (3) the property's taxable market value under section
272.03, subdivision 15;
95.1 (4) the property's gross tax, before credits;
95.2 (5) for homestead agricultural properties, the creditnew text begin creditsnew text end under sectionnew text begin sectionsnew text end
95.3273.1384new text begin and 273.1387new text end
;
95.4 (6) any credits received under sections
273.119;
273.1234 or
273.1235;
273.135;
95.5273.1391
;
273.1398, subdivision 4;
469.171; and
473H.10, except that the amount of credit
95.6received under section
273.135 must be separately stated and identified as "taconite tax
95.7relief"; and
95.8 (7) the net tax payable in the manner required in paragraph (a).
95.9 (d) If the county uses envelopes for mailing property tax statements and if the county
95.10agrees, a taxing district may include a notice with the property tax statement notifying
95.11taxpayers when the taxing district will begin its budget deliberations for the current
year,
95.12and encouraging taxpayers to attend the hearings. If the county allows notices to
be included
95.13in the envelope containing the property tax statement, and if more than one taxing
district
95.14relative to a given property decides to include a notice with the tax statement, the
county
95.15treasurer or auditor must coordinate the process and may combine the information on
a
95.16single announcement.
95.17new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with taxes payable in 2018.new text end
95.18 Sec. 10. Minnesota Statutes 2016, section 290A.03, subdivision 11, is amended to read:
95.19 Subd. 11. Rent constituting property taxes. new text begin (a) new text end "Rent constituting property taxes"
95.20means 17 percentnew text begin a percentagenew text end of the gross rent actually paid in cash, or its equivalent, or
95.21the portion of rent paid in lieu of property taxes, in any calendar year by a claimant
for the
95.22right of occupancy of the claimant's Minnesota homestead in the calendar year, and
which
95.23rent constitutes the basis, in the succeeding calendar year of a claim for relief
under this
95.24chapter by the claimant.
95.25new text begin (b) The percentage in paragraph (a) is set by major geographic regions as follows:new text end
95.26new text begin (1) for the city of Minneapolis, 16.5 percent;new text end
95.27new text begin (2) for the city of St. Paul, 14 percent;new text end
95.28new text begin (3) for the counties of Anoka; Dakota; Hennepin, excluding the city of Minneapolis;
new text end
95.29new text begin and Ramsey, excluding the city of St. Paul, 15 percent; andnew text end
95.30new text begin (4) for the remainder of the state, 14 percent.new text end
96.1new text begin EFFECTIVE DATE.new text end new text begin This section is effective for refunds based on rent paid in 2017 new text end
96.2new text begin and following years.new text end
96.3 Sec. 11. Minnesota Statutes 2016, section 290A.03, subdivision 13, is amended to read:
96.4 Subd. 13. Property taxes payable. "Property taxes payable" means the property tax
96.5exclusive of special assessments, penalties, and interest payable on a claimant's
homestead
96.6after deductions made under sections
273.135,
273.1384,
273.1391,
273.42, subdivision 2,
96.7and any other state paid property tax credits in any calendar year, and after any
refund
96.8claimed and allowable under section
290A.04, subdivision 2h, that is first payable in the
96.9year that the property tax is payable. In the case of a claimant who makes ground
lease
96.10payments, "property taxes payable" includes the amount of the payments directly attributable
96.11to the property taxes assessed against the parcel on which the house is located. No
96.12apportionment or reduction of the "property taxes payable" shall be required for the
use of
96.13a portion of the claimant's homestead for a business purpose if the claimant does
not deduct
96.14any business depreciation expenses for the use of a portion of the homestead in the
96.15determination of federal adjusted gross income. For homesteads which are manufactured
96.16homes as defined in section
273.125, subdivision 8, and for homesteads which are park
96.17trailers taxed as manufactured homes under section
168.012, subdivision 9, "property taxes
96.18payable" shall also include 17 percentnew text begin a percentagenew text end of the gross rent paid in the preceding
96.19year for the site on which the homestead is located. new text begin The percentage equals the percentage new text end
96.20new text begin set under subdivision 11 for the geographic region in which the homestead is located.
new text end When
96.21a homestead is owned by two or more persons as joint tenants or tenants in common,
such
96.22tenants shall determine between them which tenant may claim the property taxes payable
96.23on the homestead. If they are unable to agree, the matter shall be referred to the
commissioner
96.24of revenue whose decision shall be final. Property taxes are considered payable in
the year
96.25prescribed by law for payment of the taxes.
96.26In the case of a claim relating to "property taxes payable," the claimant must have
owned
96.27and occupied the homestead on January 2 of the year in which the tax is payable and
(i) the
96.28property must have been classified as homestead property pursuant to section
273.124, on
96.29or before December 15 of the assessment year to which the "property taxes payable"
relate;
96.30or (ii) the claimant must provide documentation from the local assessor that application
for
96.31homestead classification has been made on or before December 15 of the year in which
the
96.32"property taxes payable" were payable and that the assessor has approved the application.
96.33new text begin EFFECTIVE DATE.new text end new text begin This section is effective for refunds based on rent paid in 2017 new text end
96.34new text begin and following years.new text end
97.1 Sec. 12. Minnesota Statutes 2016, section 469.169, is amended by adding a subdivision
97.2to read:
97.3 new text begin Subd. 20.new text end new text begin Additional border city allocations.new text end new text begin (a) In addition to the tax reductions new text end
97.4new text begin authorized in subdivisions 12 to 19, the commissioner shall allocate $3,000,000 for
tax new text end
97.5new text begin reductions to border city enterprise zones in cities located on the western border
of the state. new text end
97.6new text begin The commissioner shall allocate this amount among cities on a per capita basis. Allocations
new text end
97.7new text begin under this subdivision may be used for tax reductions under sections 469.171, 469.1732,
new text end
97.8new text begin and 469.1734, or for other offsets of taxes imposed on or remitted by businesses located
in new text end
97.9new text begin the enterprise zone, but only if the municipality determines that the granting of
the tax new text end
97.10new text begin reduction or offset is necessary to retain a business within or attract a business
to the zone.new text end
97.11new text begin (b) The allocations under this subdivision do not cancel or expire, but remain available
new text end
97.12new text begin until used by the city.new text end
97.13 Sec. 13. Minnesota Statutes 2016, section 477A.011, subdivision 34, is amended to read:
97.14 Subd. 34. City revenue need. (a) For a city with a population equal to or greater than
97.1510,000, "city revenue need" is 1.15 times the sum of (1) 4.59 times the pre-1940 housing
97.16percentage; plus (2) 0.622 times the percent of housing built between 1940 and 1970;
plus
97.17(3) 169.415 times the jobs per capita; plus (4) the sparsity adjustment; plus (5)
307.664.
97.18 (b) For a city with a population equal to or greater than 2,500 and less than 10,000,
"city
97.19revenue need" is 1.15 times the sum of (1) 572.62; plus (2) 5.026 times the pre-1940
housing
97.20percentage; minus (3) 53.768 times household size; plus (4) 14.022 times peak population
97.21declinenew text begin ; plus (5) the sparsity adjustmentnew text end .
97.22 (c) For a city with a population less than 2,500, "city revenue need" is the sum ofnew text begin (1) new text end
97.23410 plusnew text begin ; (2)new text end 0.367 times the city's population over 100new text begin ; plus (3) the sparsity adjustmentnew text end .
97.24The city revenue need new text begin for a city new text end under this paragraph shall not exceed 630new text begin plus the city's new text end
97.25new text begin sparsity adjustmentnew text end .
97.26 (d) For a city with a population of at least 2,500 but less than 3,000, the "city
revenue
97.27need" equals (1) the transition factor times the city's revenue need calculated in
paragraph
97.28(b); plus (2) 630 times the difference between one and the transition factor. For
a city with
97.29a population of at least 10,000 but less than 10,500, the "city revenue need" equals
(1) the
97.30transition factor times the city's revenue need calculated in paragraph (a); plus
(2) the city's
97.31revenue need calculated under the formula in paragraph (b) times the difference between
97.32one and the transition factor. For purposes of this paragraph "transition factor"
is 0.2 percent
98.1times the amount that the city's population exceeds the minimum threshold in either
of the
98.2first two sentences.
98.3 (e) The city revenue need cannot be less than zero.
98.4 (f) For calendar year 2015 and subsequent years, the city revenue need for a city,
as
98.5determined in paragraphs (a) to (e), is multiplied by the ratio of the annual implicit
price
98.6deflator for government consumption expenditures and gross investment for state and
local
98.7governments as prepared by the United States Department of Commerce, for the most
98.8recently available year to the 2013 implicit price deflator for state and local government
98.9purchases.
98.10new text begin EFFECTIVE DATE.new text end new text begin This section is effective for aids payable in calendar year 2018 new text end
98.11new text begin and thereafter.new text end
98.12 Sec. 14. Minnesota Statutes 2016, section 477A.011, subdivision 45, is amended to read:
98.13 Subd. 45. Sparsity adjustment. For a city with a population of 10,000 or more, the
98.14sparsity adjustment is 100 for any city with an average population density less than
150 per
98.15square mile, according to the most recent federal census, andnew text begin . For a city with a population new text end
98.16new text begin less than 10,000, the sparsity adjustment is 200 for any city with an average population
new text end
98.17new text begin density less than 30 per square mile, according to the most recent federal census.new text end The sparsity
98.18adjustment is zero for all other cities.
98.19new text begin EFFECTIVE DATE.new text end new text begin This section is effective for aids payable in calendar year 2018 new text end
98.20new text begin and thereafter.new text end
98.21 Sec. 15. Minnesota Statutes 2016, section 477A.013, subdivision 8, is amended to read:
98.22 Subd. 8. City formula aid. (a) For aids payable in 2015new text begin 2018new text end and thereafter, the formula
98.23aid for a city is equal to the sum of (1) its formula aid in the previous year and (2) the product
98.24of (i) the difference between its unmet need and its formulanew text begin certifiednew text end aid in the previous
98.25yearnew text begin before any aid adjustment under subdivision 13new text end , and (ii) the aid gap percentage.
98.26 (b) For aids payable in 2015 and thereafter, if a city's certified aid from the previous
98.27year is greater than the sum of its unmet need plus its aid adjustment under subdivision
13,
98.28its formula aid is adjusted to equal its unmet need.
98.29 (c)new text begin (b)new text end No city may have a formula aid amount less than zero. The aid gap percentage
98.30must be the same for all cities subject to paragraph (a).
99.1 (d)new text begin (c)new text end The applicable aid gap percentage must be calculated by the Department of
99.2Revenue so that the total of the aid under subdivision 9 equals the total amount available
99.3for aid under section
477A.03. new text begin The aid gap percentage must be the same for all cities subject new text end
99.4new text begin to paragraph (a). new text end Data used in calculating aids to cities under sections
477A.011 to
477A.013
99.5shall be the most recently available data as of January 1 in the year in which the
aid is
99.6calculated.
99.7new text begin EFFECTIVE DATE.new text end new text begin This section is effective for aids payable in calendar year 2018 new text end
99.8new text begin and thereafter.new text end
99.9 Sec. 16. Minnesota Statutes 2016, section 477A.013, subdivision 9, is amended to read:
99.10 Subd. 9. City aid distribution. (a) In calendar year 2014 new text begin 2018 new text end and thereafter, each city
99.11new text begin if a city's certified aid before any aid adjustment under subdivision 13 for the previous
year new text end
99.12new text begin is less than its current unmet need, the city new text end shall receive an aid distribution equal to the sum
99.13of (1) new text begin its certified aid in the previous year before any aid adjustment under subdivision
13, new text end
99.14new text begin (2) new text end the city formula aid under subdivision 8, and (2)new text begin (3)new text end its aid adjustment under subdivision
99.1513.
99.16 (b) For aids payable in 2015 new text begin 2018 new text end and thereafter, new text begin if a city's certified aid before any aid new text end
99.17new text begin adjustment under subdivision 13 for the previous year is equal to or greater than
its current new text end
99.18new text begin unmet need, new text end the total aid for a city must not be less thannew text begin is equal to the greater of (1) its new text end
99.19new text begin unmet need plus any aid adjustment under subdivision 13, or (2)new text end the amount it was certified
99.20to receive in the previous year minus the lesser of $10 multiplied by its population,
or five
99.21percent of its net levy in the year prior to the aid distribution.new text begin No city may have a total aid new text end
99.22new text begin amount less than zero.new text end
99.23new text begin EFFECTIVE DATE.new text end new text begin This section is effective for aids payable in calendar year 2018 new text end
99.24new text begin and thereafter.new text end
99.25 Sec. 17. new text begin [477A.0135] AID REDUCTIONS FOR PAYMENTS TO A WORLD FAIR new text end
99.26new text begin OR EXPO.new text end
99.27new text begin If a county, statutory or home rule charter city, or town makes a payment or contribution
new text end
99.28new text begin to Expo2023 or any similar organization with the mission of advocating, promoting,
or new text end
99.29new text begin running a world fair or expo in the state of Minnesota in any year, it must report
that amount new text end
99.30new text begin to the commissioner by January 15 of the year following the year in which the payment
or new text end
99.31new text begin contribution is made. The commissioner shall reduce the aid paid to a county, city,
or town new text end
99.32new text begin under section 477A.014 from the amount certified to the county under section 477A.0124;
new text end
99.33new text begin to the city under section 477A.013, subdivision 9; or to the town under section 477A.013,
new text end
100.1new text begin subdivision 1, in the calendar year following the year in which the payment or contribution
new text end
100.2new text begin was made. The reduction is equal to the amount of the payment or contribution, but
the aid new text end
100.3new text begin paid to any county, city, or town may not be less than zero. Any savings in aid payments
new text end
100.4new text begin under this section shall stay in the general fund and shall not be redistributed to
other new text end
100.5new text begin counties, cities, or towns.new text end
100.6new text begin EFFECTIVE DATE.new text end new text begin This section is effective for aids payable in calendar year 2018 new text end
100.7new text begin and thereafter.new text end
100.8 Sec. 18. new text begin [477A.0175] AID REDUCTIONS FOR OPERATING AN UNAUTHORIZED new text end
100.9new text begin DIVERSION PROGRAM.new text end
100.10 new text begin Subdivision 1.new text end new text begin Penalty for operating an unauthorized diversion program.new text end
100.11new text begin Notwithstanding any other law to the contrary, a county or city that operated a pretrial
new text end
100.12new text begin diversion program that a court determines was not authorized under section 169.999
or new text end
100.13new text begin another statute or law must have its aid under sections 477A.011 to 477A.03 reduced
by new text end
100.14new text begin the amount of fees paid by participants into the program for the years in which the
program new text end
100.15new text begin operated. A court shall report any order that enjoins a county or city from operating
a pretrial new text end
100.16new text begin diversion program to the commissioner as required under subdivision 2. The commissioner
new text end
100.17new text begin shall, with the assistance of the state auditor, determine the amount of fees collected
under new text end
100.18new text begin the diversion program and reduce the county program aid paid to a county or the local
new text end
100.19new text begin government aid paid to a city by this amount beginning with the first aid payment
made new text end
100.20new text begin after the reduction amount is determined. No aid payment may be less than zero but
the new text end
100.21new text begin amount of the reduction that cannot be made out of that payment shall be applied to
future new text end
100.22new text begin payments until the total amount has been deducted.new text end
100.23 new text begin Subd. 2.new text end new text begin Court challenge to authority to operate a pretrial diversion program.new text end new text begin Any new text end
100.24new text begin taxpayer may challenge a city or county operation of a pretrial diversion program
by filing new text end
100.25new text begin a declaratory judgment action or seeking other appropriate relief in the district
court for the new text end
100.26new text begin county where the city is located or in any other court of competent jurisdiction.
If the court new text end
100.27new text begin finds that the county or city has exceeded its authority under law in operating the
pretrial new text end
100.28new text begin diversion program, the court must transmit a copy of the court order to the commissioner
new text end
100.29new text begin of revenue.new text end
100.30new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment and new text end
100.31new text begin applies beginning with the second aid payments under Minnesota Statutes, section 477A.015
new text end
100.32new text begin in calendar year 2017.new text end
101.1 Sec. 19. new text begin ONETIME ADJUSTMENT FOR CERTAIN CITIES; AIDS PAYABLE IN new text end
101.2new text begin 2017.new text end
101.3new text begin (a) The amount of aid payable in 2017 to a city shall be increased to equal the amount
new text end
101.4new text begin of aid it received under Minnesota Statutes, section 477A.013, subdivision 9, for
aids payable new text end
101.5new text begin in 2016 if the following conditions are met:new text end
101.6new text begin (1) its certified aid under Minnesota Statutes, section 477A.013, subdivision 9, for
aids new text end
101.7new text begin payable in 2017, is less than its certified aid for aids payable in 2016; andnew text end
101.8new text begin (2) its certified aid under Minnesota Statutes, section 477A.013, subdivision 9, for
aids new text end
101.9new text begin payable in 2016, is less than its unmet need under Minnesota Statutes, section 477A.011,
new text end
101.10new text begin subdivision 34, for aids payable in 2017.new text end
101.11new text begin (b) Any adjustment under this section shall be treated as an aid correction under
new text end
101.12new text begin Minnesota Statutes, section 477A.014, subdivision 3. The amount computed under this
new text end
101.13new text begin section shall be used as an affected city's 2017 certified aid amount when calculating
its new text end
101.14new text begin formula aid under Minnesota Statutes, section 477A.013, subdivision 8, for aids payable
in new text end
101.15new text begin 2018.new text end
101.16new text begin EFFECTIVE DATE.new text end new text begin This section is effective for aids payable in calendar years 2017 new text end
101.17new text begin and 2018.new text end
101.18 Sec. 20. new text begin BASE YEAR FORMULA AID FOR NEWLY INCORPORATED CITY.new text end
101.19new text begin For a city that incorporated on October 13, 2015, and first qualifies for aid under
new text end
101.20new text begin Minnesota Statutes, section 477A.013, subdivisions 8 and 9, in 2017, the city's certified
aid new text end
101.21new text begin for 2017, used in calculating aid payable in 2018, shall be deemed to equal the lesser
of (1) new text end
101.22new text begin 25 percent of its certified levy for taxes payable in 2016, or (2) 50 percent of its
unmet need new text end
101.23new text begin as defined in Minnesota Statutes, section 477A.011, subdivision 43.new text end
101.24new text begin EFFECTIVE DATE.new text end new text begin This section is effective for aids payable in 2018.new text end
101.25 Sec. 21. new text begin 2013 CITY AID PENALTY FORGIVENESS; CITY OF OSLO.new text end
101.26new text begin Notwithstanding Minnesota Statutes, section 477A.017, subdivision 3, the city of Oslo
new text end
101.27new text begin shall receive the portion of its aid payment for calendar year 2013 under Minnesota
Statutes, new text end
101.28new text begin section 477A.013, that was withheld under Minnesota Statutes, section 477A.017, subdivision
new text end
101.29new text begin 3, provided that the state auditor certifies to the commissioner of revenue that it
received new text end
101.30new text begin audited financial statements from the city for calendar year 2012 by December 31,
2013. new text end
101.31new text begin The commissioner of revenue shall make a payment of $37,473.50 with the first payment
new text end
102.1new text begin of aids under Minnesota Statutes, section 477A.015. $37,473.50 is appropriated from
the new text end
102.2new text begin general fund to the commissioner of revenue in fiscal year 2018 to make this payment.new text end
102.3new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
102.4 Sec. 22. new text begin 2014 AID PENALTY FORGIVENESS.new text end
102.5new text begin (a) Notwithstanding Minnesota Statutes, section 477A.017, subdivision 3, the cities
of new text end
102.6new text begin Dundee, Jeffers, and Woodstock shall receive all of their calendar year 2014 aid payment
new text end
102.7new text begin that was withheld under Minnesota Statutes, section 477A.017, subdivision 3, provided
that new text end
102.8new text begin the state auditor certifies to the commissioner of revenue that the city complied
with all new text end
102.9new text begin reporting requirements under Minnesota Statutes, section 477A.017, subdivision 3,
for new text end
102.10new text begin calendar years 2013 and 2014 by June 1, 2015.new text end
102.11new text begin (b) The commissioner of revenue shall make payment to each city no later than July
20, new text end
102.12new text begin 2017. Up to $101,570 in fiscal year 2018 is appropriated from the general fund to
the new text end
102.13new text begin commissioner of revenue to make the payments under this section.new text end
102.14new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
102.15 Sec. 23. new text begin LAKE MILLE LACS AREA PROPERTY TAX ABATEMENT.new text end
102.16 new text begin Subdivision 1.new text end new text begin Abatements authorized.new text end new text begin (a) Notwithstanding Minnesota Statutes, section new text end
102.17new text begin 375.192, the county boards of Aitkin, Crow Wing, and Mille Lacs Counties may grant
an new text end
102.18new text begin abatement of local property taxes for taxes payable in 2017, provided that:new text end
102.19new text begin (1) the property is classified as 1c, 3a (excluding utility real and personal property),
new text end
102.20new text begin 4c(1), 4c(10), or 4c(11);new text end
102.21new text begin (2) on or before December 31, 2017, the taxpayer submits a written application to
the new text end
102.22new text begin county auditor in the county in which abatement is sought; andnew text end
102.23new text begin (3) the taxpayer meets qualification requirements established in subdivision 3.new text end
102.24 new text begin Subd. 2.new text end new text begin Appeals.new text end new text begin An appeal may not be taken to the Tax Court from any order of the new text end
102.25new text begin county board made pursuant to the exercise of the discretionary authority granted
in this new text end
102.26new text begin section.new text end
102.27 new text begin Subd. 3.new text end new text begin Qualification requirements.new text end new text begin To qualify for abatements under this section, a new text end
102.28new text begin taxpayer must:new text end
102.29new text begin (1) be located within one of the following municipalities surrounding Lake Mille Lacs:new text end
103.1new text begin (i) in Crow Wing County, the city of Garrison, township of Garrison, or township of
new text end
103.2new text begin Roosevelt;new text end
103.3new text begin (ii) in Aitkin County, the township of Hazelton, township of Wealthwood, township
of new text end
103.4new text begin Malmo, or township of Lakeside; ornew text end
103.5new text begin (iii) in Mille Lacs County, the city of Isle, city of Wahkon, city of Onamia, township
of new text end
103.6new text begin East Side, township of Isle Harbor, township of South Harbor, or township of Kathio;new text end
103.7new text begin (2) document a reduction in gross receipts of five percent or greater between two
new text end
103.8new text begin successive calendar years beginning in 2010 or later; andnew text end
103.9new text begin (3) be a business in one of the following industries, as defined within the North
American new text end
103.10new text begin Industry Classification System: accommodation, restaurants, bars, amusement and recreation,
new text end
103.11new text begin food and beverages retail, sporting goods, miscellaneous retail, general retail, museums,
new text end
103.12new text begin historical sites, health and personal care, gas station, general merchandise, business
and new text end
103.13new text begin professional membership, movies, or nonstore retailer, as determined by the county
in new text end
103.14new text begin consultation with the commissioner of employment and economic development.new text end
103.15 new text begin Subd. 4.new text end new text begin State general levy in relief area.new text end new text begin The counties of Aitkin, Crow Wing, and new text end
103.16new text begin Mille Lacs must refund the state general levy levied upon a property classified as
1c, 3a new text end
103.17new text begin (excluding utility real and personal property), or 4c(1) that is located in the area
described new text end
103.18new text begin by subdivision 3, clause (1), for taxes payable in 2017.new text end
103.19 new text begin Subd. 5.new text end new text begin Certification and transfer of funds.new text end new text begin (a) By February 1, 2018, a county granting new text end
103.20new text begin a refund as required under subdivision 4 must certify the total amount of state general
tax new text end
103.21new text begin refunded to Mille Lacs County and the commissioner of revenue. By March 1, 2018, Mille
new text end
103.22new text begin Lacs County must transfer an amount equal to the amount certified under this paragraph
to new text end
103.23new text begin the county making the certification.new text end
103.24new text begin (b) By February 1, 2018, a county that has received an application for an abatement
new text end
103.25new text begin authorized under subdivision 1 must certify to Mille Lacs County the total amount
of new text end
103.26new text begin abatements for which applications have been received and approved. By March 1, 2018,
new text end
103.27new text begin Mille Lacs County must transfer an amount equal to the amount certified under this
paragraph new text end
103.28new text begin to the county making the certification. By April 30, 2018, the county must issue refunds
of new text end
103.29new text begin local property tax amounts to qualified taxpayers.new text end
103.30 new text begin Subd. 6.new text end new text begin Commissioner of revenue; appropriation.new text end new text begin An amount sufficient to make the new text end
103.31new text begin transfers required under subdivision 5 in fiscal year 2018 is appropriated from the
general new text end
103.32new text begin fund to the commissioner of revenue for transfer to Mille Lacs County. This is a onetime
new text end
103.33new text begin appropriation.new text end
104.1 new text begin Subd. 7.new text end new text begin Report to legislature.new text end new text begin The commissioner of revenue must make a written report new text end
104.2new text begin to the chairs and ranking minority members of the legislative committees with jurisdiction
new text end
104.3new text begin over taxes stating the amount of abatements and refunds given under this section by
taxing new text end
104.4new text begin jurisdictions by February 1, 2019. The counties must provide the commissioner with
the new text end
104.5new text begin information necessary to make the report.new text end
104.6 new text begin Subd. 8.new text end new text begin Refund eligibility.new text end new text begin Only a taxpayer making all payments of property taxes for new text end
104.7new text begin taxes payable in 2017 is eligible to receive a refund under subdivisions 4 and 5.new text end
104.8new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
104.9 Sec. 24. new text begin SUPPLEMENTAL PAYMENTS FOR OTHER NATURAL RESOURCES new text end
104.10new text begin LAND.new text end
104.11 new text begin Subdivision 1.new text end new text begin Supplemental payments.new text end new text begin For aids payable in calendar years 2017 and new text end
104.12new text begin 2018 only, each county must receive a supplemental aid payment equal to 50 cents per
acre new text end
104.13new text begin for other natural resources land, as defined in Minnesota Statutes, section 477A.11,
new text end
104.14new text begin subdivision 4, located in the county. The payment shall be made at the same time as
payments new text end
104.15new text begin under Minnesota Statutes, section 477A.13, and the counties shall distribute this
payment new text end
104.16new text begin as if it was part of the aids subject to the general distribution for that year under
Minnesota new text end
104.17new text begin Statutes, section 477A.014, subdivision 1.new text end
104.18 new text begin Subd. 2.new text end new text begin Appropriation.new text end new text begin The amount necessary to make the payments under subdivision new text end
104.19new text begin 1 in each year is appropriated from the general fund to the commissioner of revenue
for new text end
104.20new text begin fiscal years 2018 and 2019 only. The appropriations under this section are onetime
and not new text end
104.21new text begin added to the base budget.new text end
104.22new text begin EFFECTIVE DATE.new text end new text begin This section is effective for aids payable in calendar years 2017 new text end
104.23new text begin and 2018 only.new text end
104.24 Sec. 25. new text begin 2017 HOMESTEAD CREDIT REFUND.new text end
104.25new text begin (a) By October 1, 2017, the commissioner of revenue shall adjust the schedule for
the new text end
104.26new text begin homestead credit refund allowed under Minnesota Statutes, section 290A.04, subdivision
new text end
104.27new text begin 2, so as to increase the total amount of refunds based on taxes payable in 2018. The
new text end
104.28new text begin commissioner must adjust the schedule by proportionately decreasing the percent of
tax new text end
104.29new text begin above the income threshold paid by the claimant, or the "co-payment percentage," for
each new text end
104.30new text begin income bracket in the schedule so that the increase in refunds projected to be paid
based on new text end
104.31new text begin taxes payable in 2018 equals $58,000,000.new text end
105.1new text begin (b) The amount necessary to pay the additional amounts required under this section
is new text end
105.2new text begin appropriated from the general fund to the commissioner of revenue in fiscal year 2019.new text end
105.3new text begin EFFECTIVE DATE.new text end new text begin This section is effective for refunds based on taxes payable in new text end
105.4new text begin 2018 only.new text end
105.5 Sec. 26. new text begin 2017 RENTER PROPERTY TAX REFUND.new text end
105.6new text begin (a) By October 1, 2017, the commissioner of revenue shall adjust the schedule for
the new text end
105.7new text begin property tax refund for renters allowed under Minnesota Statutes, section 290A.04,
new text end
105.8new text begin subdivision 2a, so as to increase the total amount of refunds based on taxes payable
in 2018. new text end
105.9new text begin The commissioner must adjust the schedule by:new text end
105.10new text begin (1) first proportionately decreasing the percent of income, or the "threshold percentage,"
new text end
105.11new text begin for each income bracket in the schedule so that the increase in refunds projected
to be paid new text end
105.12new text begin based on rent paid in 2017 equals $21,000,000; andnew text end
new text begin new text end 105.13new text begin (2) second proportionately decreasing the percent of tax above the income threshold
new text end
105.14new text begin paid by the claimant, or the "co-payment percentage," for each income bracket in the
schedule new text end
105.15new text begin so that the total increase in refunds projected to be paid based on rent paid in 2017
under new text end
105.16new text begin this clause and clause (1) equals $42,000,000.new text end
105.17new text begin (b) The amount necessary to pay the additional amounts required under this section
is new text end
105.18new text begin appropriated from the general fund to the commissioner of revenue in fiscal year 2019.new text end
105.19new text begin EFFECTIVE DATE.new text end new text begin This section is effective for refunds based on rent paid in 2017 new text end
105.20new text begin only.new text end
105.21 Sec. 27. new text begin REPEALER.new text end
105.22new text begin Minnesota Statutes 2016, section 477A.085,new text end new text begin is repealed.new text end
105.23new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with aids payable in 2018.new text end
105.24ARTICLE 4
105.25IN PERPETUITY PAYMENTS ON LAND PURCHASES
105.26 Section 1. new text begin [11A.237] ACCOUNT FOR COUNTY JOINT TRUST FUND PAYMENTS.new text end
105.27 new text begin Subdivision 1.new text end new text begin Establishment.new text end new text begin The State Board of Investment, when requested by a new text end
105.28new text begin county as required under sections 97A.056, subdivision 1b, and 116P.045, subdivision
2, new text end
105.29new text begin shall invest the funds deposited by the commissioner of revenue, acting as an agent
on the new text end
105.30new text begin board's behalf, under section 97A.056, subdivision 1b, or 116P.045, subdivision 2,
in a new text end
106.1new text begin special account for that purpose in the combined investment funds established in section
new text end
106.2new text begin 11A.14, subject to the policy and procedures of the State Board of Investment. Use
of the new text end
106.3new text begin funds is restricted to payments to the commissioner of revenue, acting as an agent
on behalf new text end
106.4new text begin of the counties, for distributions to counties under sections 97A.056, subdivision
1b, and new text end
106.5new text begin 116P.045, subdivision 2.new text end
106.6 new text begin Subd. 2.new text end new text begin Account maintenance and investment.new text end new text begin The commissioner of revenue may new text end
106.7new text begin deposit money into the account on behalf of the counties and may withdraw money from
new text end
106.8new text begin the account to make distributions to the counties under sections 97A.056, subdivision
1b, new text end
106.9new text begin and 116P.045, subdivision 2, only. The commissioner of revenue shall make one payment
new text end
106.10new text begin under each section each year for all counties eligible for a payment in that year.
The new text end
106.11new text begin commissioner shall make one withdrawal annually at a time negotiated with the executive
new text end
106.12new text begin director of the State Board of Investment, but no later than November 15, to cover
new text end
106.13new text begin distributions to counties under section 477A.30, up to the limit allowed under that
section. new text end
106.14new text begin The transactions must be in the manner required by the executive director of the State
Board new text end
106.15new text begin of Investment. Investment earnings must be credited to the account.new text end
106.16new text begin EFFECTIVE DATE.new text end new text begin This section is effective January 1, 2018.new text end
106.17 Sec. 2. Minnesota Statutes 2016, section 97A.056, subdivision 1a, is amended to read:
106.18 Subd. 1a. Definitions. For the purpose of new text begin (a) The definitions in this subdivision apply new text end
106.19new text begin to this section and new text end appropriations from the outdoor heritage fund,new text begin .new text end
106.20new text begin (b) "Land acquisition costs" means acquisition coordination costs, costs of engineering
new text end
106.21new text begin services, appraisal fees, attorney fees, taxes, assessments required at the time of
purchase, new text end
106.22new text begin onetime trust fund payments under subdivision 1b, and recording fees.new text end
106.23new text begin (c) "Land-related property taxes" means property taxes collected on behalf of local
new text end
106.24new text begin governments providing land-related services.new text end
106.25new text begin (d) "Local governments providing land-related services" means counties, townships,
new text end
106.26new text begin home rule charter and statutory cities, watershed districts under chapter 103D, sanitary
new text end
106.27new text begin districts under sections 442A.01 to 442A.29, and regional sanitary sewer districts
under new text end
106.28new text begin sections 115.61 to 115.67.new text end
106.29new text begin (e)new text end "Recipient" means the entity responsible for deliverables financed by the outdoor
106.30heritage fund.
106.31new text begin (f) "Total payment for the land" means the total price paid for the land including
land new text end
106.32new text begin acquisition costs, but excluding any in-kind services provided by nongovernmental
entities new text end
106.33new text begin at no cost to the state.new text end
107.1new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2017.new text end
107.2 Sec. 3. Minnesota Statutes 2016, section 97A.056, is amended by adding a subdivision to
107.3read:
107.4 new text begin Subd. 1b.new text end new text begin Outdoor heritage trust fund payment account; trust fund payments.new text end new text begin (a) new text end
107.5new text begin An outdoor heritage trust fund account is created in the special revenue fund. The
State new text end
107.6new text begin Board of Investment must ensure the account is invested under section 11A.24. The
new text end
107.7new text begin commissioner of management and budget must credit to the account all money appropriated
new text end
107.8new text begin to the account and all money earned by the account. The principal of the account and
any new text end
107.9new text begin unexpended earnings must be invested and reinvested by the State Board of Investment.
new text end
107.10new text begin Nothing in this section limits the source of contributions to the account. Money in
the new text end
107.11new text begin account must be used only for the purposes of this subdivision.new text end
107.12new text begin (b) State land acquired in fee simple in whole or in part with money appropriated
from new text end
107.13new text begin the outdoor heritage fund is eligible for a onetime trust fund payment as provided
under new text end
107.14new text begin this subdivision. The percentage of the total acres acquired in any purchase that
is eligible new text end
107.15new text begin for a trust fund payment under this subdivision is equal to the percentage of the
total payment new text end
107.16new text begin for the land funded from outdoor heritage fund revenues. If the percentage of the
total new text end
107.17new text begin payment for the land from the outdoor heritage fund is ten percent or less, the parcel
is new text end
107.18new text begin ineligible for a payment under this subdivision; if the percentage is 90 percent or
more, the new text end
107.19new text begin entire parcel is eligible for the payment under this subdivision. The commissioner
of natural new text end
107.20new text begin resources must certify to the commissioner of revenue and the county in which land
eligible new text end
107.21new text begin for a payment under this section is purchased the total number of acres purchased,
the total new text end
107.22new text begin payment for the land, and the amount of outdoor heritage fund revenues used for the
purchase. new text end
107.23new text begin The trust fund payment is equal to 30 times the land-related property taxes assessed
on the new text end
107.24new text begin eligible portion of the land in the year prior to the year in which the land is acquired.
If the new text end
107.25new text begin land was acquired from a private party that was exempt from paying property taxes,
the new text end
107.26new text begin payments must be based on 30 times the property taxes assessed on comparable land
in the new text end
107.27new text begin year prior to the year in which the land is acquired. By September 1 each year, the
county new text end
107.28new text begin in which the land is acquired must provide the commissioner of revenue with information
new text end
107.29new text begin necessary in a form determined by the commissioner of revenue to make this determination
new text end
107.30new text begin for all lands acquired for the 12-month period ending on June 30 of that year. The
new text end
107.31new text begin commissioner of revenue must make a trust fund payment on behalf of each county on
the new text end
107.32new text begin same date as the first payment under section 273.1384, subdivision 4, each year for
all land new text end
107.33new text begin acquired in that county in the 12-month period ending on June 30 of that year to the
State new text end
107.34new text begin Board of Investment as required under this paragraph. The money so deposited is money
new text end
107.35new text begin paid to the counties and may only be withdrawn for the purposes allowed under section
new text end
108.1new text begin 477A.30. The commissioner of revenue must inform each county by October 15 each year
new text end
108.2new text begin of the amount deposited on the county's behalf with the State Board of Investment
under new text end
108.3new text begin this subdivision.new text end
108.4new text begin (c) The amount necessary to make the payments required under this subdivision is new text end
108.5new text begin annually appropriated from the outdoor heritage trust fund payment account to the
new text end
108.6new text begin commissioner of revenue for deposit in the account for county joint trust fund payments
in new text end
108.7new text begin section 11A.237.new text end
108.8new text begin (d) To receive a trust fund payment under this subdivision, a county board must enter
new text end
108.9new text begin into an agreement with the State Board of Investment to allow the commissioner of
revenue new text end
108.10new text begin to make deposits and withdrawals on behalf of the county into and out of the county
joint new text end
108.11new text begin trust fund account under section 11A.237.new text end
108.12new text begin (e) The portion of land receiving a trust fund payment under this subdivision is not
new text end
108.13new text begin eligible for payments under sections 477A.11 to 477A.14, but is eligible for distribution
of new text end
108.14new text begin withdrawals from the county joint trust fund account under section 477A.30.new text end
108.15new text begin (f) If the land for which a payment under this subdivision is made is subsequently
sold new text end
108.16new text begin to another entity and is no longer available for the use for which it was purchased,
the new text end
108.17new text begin original amount of the payment for that land under paragraph (b) must be withdrawn
by the new text end
108.18new text begin commissioner of revenue from the account established under section 11A.237 and returned
new text end
108.19new text begin to the outdoor heritage fund. If only a portion of the land is sold and no longer
available for new text end
108.20new text begin the use for which it was purchased, the amount of the original trust fund payment
returned new text end
108.21new text begin is reduced proportionately based on the portion of the original purchase that is sold.
The new text end
108.22new text begin holder of the land must inform the commissioner of revenue and the county in which
the new text end
108.23new text begin land is sold of the sale and provide them with any information necessary to calculate
the new text end
108.24new text begin required withdrawal from the account. The withdrawal is made along with withdrawals
new text end
108.25new text begin under section 477A.30 in the calendar year after the year in which the land is sold.new text end
108.26new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2017, and applies to land acquired new text end
108.27new text begin with money appropriated on or after that date.new text end
108.28 Sec. 4. Minnesota Statutes 2016, section 97A.056, subdivision 3, is amended to read:
108.29 Subd. 3. Council recommendations. (a) The council shall make recommendations to
108.30the legislature on appropriations of money from the outdoor heritage fund that are
consistent
108.31with the Constitution and state law and that will achieve the outcomes of existing
natural
108.32resource plans, including, but not limited to, the Minnesota Statewide Conservation
and
108.33Preservation Plan, that directly relate to the restoration, protection, and enhancement
of
109.1wetlands, prairies, forests, and habitat for fish, game, and wildlife, and that prevent
forest
109.2fragmentation, encourage forest consolidation, and expand restored native prairie.
In making
109.3recommendations, the council shall consider a range of options that would best restore,
109.4protect, and enhance wetlands, prairies, forests, and habitat for fish, game, and
wildlife.
109.5new text begin The council recommendations each year on appropriation of money from the outdoor heritage
new text end
109.6new text begin fund must include amounts adequate to make the required transfers to the outdoor heritage
new text end
109.7new text begin trust fund payment account according to subdivision 1b. new text end The council's recommendations
109.8shall be submitted no later than January 15 each year. The council shall present its
109.9recommendations to the senate and house of representatives committees with jurisdiction
109.10over the environment and natural resources budget by February 15 in odd-numbered years,
109.11and within the first four weeks of the legislative session in even-numbered years.
The
109.12council's budget recommendations to the legislature shall be separate from the Department
109.13of Natural Resource's budget recommendations.
109.14 (b) To encourage and support local conservation efforts, the council shall establish
a
109.15conservation partners program. Local, regional, state, or national organizations may
apply
109.16for matching grants for restoration, protection, and enhancement of wetlands, prairies,
109.17forests, and habitat for fish, game, and wildlife, prevention of forest fragmentation,
109.18encouragement of forest consolidation, and expansion of restored native prairie.
109.19 (c) The council may work with the Clean Water Council to identify projects that are
109.20consistent with both the purpose of the outdoor heritage fund and the purpose of the
clean
109.21water fund.
109.22 (d) The council may make recommendations to the Legislative-Citizen Commission on
109.23Minnesota Resources on scientific research that will assist in restoring, protecting,
and
109.24enhancing wetlands, prairies, forests, and habitat for fish, game, and wildlife, preventing
109.25forest fragmentation, encouraging forest consolidation, and expanding restored native
prairie.
109.26 (e) Recommendations of the council, including approval of recommendations for the
109.27outdoor heritage fund, require an affirmative vote of at least nine members of the
council.
109.28(f) The council may work with the Clean Water Council, the Legislative-Citizen
109.29Commission on Minnesota Resources, the Board of Water and Soil Resources, soil and
109.30water conservation districts, and experts from Minnesota State Colleges and Universities
109.31and the University of Minnesota in developing the council's recommendations.
109.32(g) The council shall develop and implement a process that ensures that citizens and
109.33potential recipients of funds are included throughout the process, including the development
109.34and finalization of the council's recommendations. The process must include a fair,
equitable,
110.1and thorough process for reviewing requests for funding and a clear and easily understood
110.2process for ranking projects.
110.3(h) The council shall use the regions of the state based upon the ecological sections
and
110.4subsections developed by the Department of Natural Resources and establish objectives
for
110.5each region and subregion to achieve the purposes of the fund outlined in the state
110.6constitution.
110.7(i) The council shall develop and submit to the Legislative Coordinating Commission
110.8plans for the first ten years of funding, and a framework for 25 years of funding,
consistent
110.9with statutory and constitutional requirements. The council may use existing plans
from
110.10other legislative, state, and federal sources, as applicable.
110.11new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2017, and applies to lands acquired new text end
110.12new text begin with money appropriated on or after that date.new text end
110.13 Sec. 5. Minnesota Statutes 2016, section 97A.056, is amended by adding a subdivision to
110.14read:
110.15 new text begin Subd. 15a.new text end new text begin State acquisition of land; restrictions.new text end new text begin The state may not use money from new text end
110.16new text begin the outdoor heritage fund to acquire in fee simple in whole or in part any land subject
to new text end
110.17new text begin property taxes or any land owned by a nonprofit organization that was subject to property
new text end
110.18new text begin taxes before the land's acquisition by the nonprofit organization if (1) subdivision
1b is void, new text end
110.19new text begin or (2) sufficient funds to cover the onetime trust fund payment required under subdivision
new text end
110.20new text begin 1b have not been appropriated or are not available.new text end
110.21new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2017, and applies to land acquired new text end
110.22new text begin with money appropriated on or after that date.new text end
110.23 Sec. 6. Minnesota Statutes 2016, section 116P.02, subdivision 1, is amended to read:
110.24 Subdivision 1. Applicability. The definitions in this section apply to this chapternew text begin , except new text end
110.25new text begin that the definition in subdivision 6 does not apply to section 116P.045new text end .
110.26new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2017.new text end
110.27 Sec. 7. Minnesota Statutes 2016, section 116P.02, is amended by adding a subdivision to
110.28read:
110.29 new text begin Subd. 4a.new text end new text begin Land acquisition costs.new text end new text begin "Land acquisition costs" means acquisition new text end
110.30new text begin coordination costs, costs of engineering services, appraisal fees, attorney fees,
taxes, new text end
111.1new text begin assessments required at the time of purchase, payments under section 116P.045, and
recording new text end
111.2new text begin fees.new text end
111.3new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2017.new text end
111.4 Sec. 8. Minnesota Statutes 2016, section 116P.02, is amended by adding a subdivision to
111.5read:
111.6 new text begin Subd. 4b.new text end new text begin Land-related property taxes.new text end new text begin "Land-related property taxes" means property new text end
111.7new text begin taxes collected on behalf of local governments providing land-related services.new text end
111.8new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2017.new text end
111.9 Sec. 9. Minnesota Statutes 2016, section 116P.02, is amended by adding a subdivision to
111.10read:
111.11 new text begin Subd. 4c.new text end new text begin Local governments providing land-related services.new text end new text begin "Local governments new text end
111.12new text begin providing land-related services" means counties, townships, home rule charter and
statutory new text end
111.13new text begin cities, watershed districts under chapter 103D, sanitary districts under sections
442A.01 to new text end
111.14new text begin 442A.29, and regional sanitary sewer districts under sections 115.61 to 115.67.new text end
111.15new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2017.new text end
111.16 Sec. 10. Minnesota Statutes 2016, section 116P.02, is amended by adding a subdivision
111.17to read:
111.18 new text begin Subd. 4d.new text end new text begin Total payment for the land.new text end new text begin "Total payment for the land" means the total new text end
111.19new text begin price paid for the land including land acquisition costs, but excluding any in-kind
services new text end
111.20new text begin provided by nongovernmental entities at no cost to the state.new text end
111.21new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2017.new text end
111.22 Sec. 11. new text begin [116P.045] ENVIRONMENT AND NATURAL RESOURCES TRUST FUND new text end
111.23new text begin PAYMENT ACCOUNT.new text end
111.24 new text begin Subdivision 1.new text end new text begin Account created.new text end new text begin An environment and natural resources trust fund new text end
111.25new text begin payment account is created in the special revenue fund. The State Board of Investment
must new text end
111.26new text begin ensure the account is invested under section 11A.24. The commissioner of management
new text end
111.27new text begin and budget must credit to the account all money appropriated to the account and all
money new text end
111.28new text begin earned by the account. The principal of the account and any unexpended earnings must
be new text end
111.29new text begin invested and reinvested by the State Board of Investment. Nothing in this section
limits the new text end
112.1new text begin source of contributions to the account. Money in the account must be used only for
the new text end
112.2new text begin purposes of this section.new text end
112.3 new text begin Subd. 2.new text end new text begin Trust fund payment; appropriation.new text end new text begin (a) State land acquired in fee simple in new text end
112.4new text begin whole or in part with money appropriated from the environment and natural resources
trust new text end
112.5new text begin fund is eligible for a onetime trust fund payment as provided under this subdivision.
The new text end
112.6new text begin percentage of the total acres acquired in any purchase that is eligible for a trust
fund payment new text end
112.7new text begin under this section is equal to the percentage of the total payment for the land funded
from new text end
112.8new text begin environment and natural resources trust fund revenues. If the percentage of the total
payment new text end
112.9new text begin for the land from the environment and natural resources trust fund is ten percent
or less, the new text end
112.10new text begin parcel is ineligible for a payment under this section; if the percentage is 90 percent
or more, new text end
112.11new text begin the entire parcel is eligible for the payment under this section. The commissioner
of natural new text end
112.12new text begin resources must certify to the commissioner of revenue and the county in which land
eligible new text end
112.13new text begin for a payment under this section is purchased the total number of acres purchased,
the total new text end
112.14new text begin payment for the land, and the amount of environmental and natural resources trust
fund new text end
112.15new text begin revenues used for the purchase. The trust fund payment is equal to 30 times the land-related
new text end
112.16new text begin property taxes assessed on the eligible portion of the land in the year prior to the
year in new text end
112.17new text begin which the land is acquired. If the land was acquired from a private party that was
exempt new text end
112.18new text begin from paying property taxes, the payments must be based on 30 times the property taxes
new text end
112.19new text begin assessed on comparable land in the year prior to the year in which the land is acquired.
By new text end
112.20new text begin September 1 each year, the county in which the land is acquired must provide the new text end
112.21new text begin commissioner of revenue with information necessary in a form determined by the new text end
112.22new text begin commissioner of revenue to make this determination for all lands acquired for the
12-month new text end
112.23new text begin period ending on June 30 of that year. The commissioner of revenue must make a trust
fund new text end
112.24new text begin payment on behalf of each county on the same date as the first payment under section
new text end
112.25new text begin 273.1384, subdivision 4, each year for all land acquired in that county in the 12-month
new text end
112.26new text begin period ending on June 30 of that year to the State Board of Investment as required
under new text end
112.27new text begin this section. The money so deposited is money paid to the counties and may only be
new text end
112.28new text begin withdrawn for the purposes allowed under section 477A.30. The commissioner of revenue
new text end
112.29new text begin must inform each county by October 15 each year of the amount deposited on the county's
new text end
112.30new text begin behalf with the State Board of Investment under this subdivision.new text end
112.31new text begin (b) The amount necessary to make the payments required under this subdivision is new text end
112.32new text begin annually appropriated from the environment and natural resources trust fund payment
new text end
112.33new text begin account to the commissioner of revenue for deposit in the account for county joint
trust new text end
112.34new text begin fund payments in section 11A.237.new text end
113.1new text begin (c) If the land for which a payment under this subdivision is made is subsequently
sold new text end
113.2new text begin to another entity and is no longer available for the use for which it was purchased,
the new text end
113.3new text begin original amount of the payment for that land under paragraph (a) must be withdrawn
by the new text end
113.4new text begin commissioner of revenue from the account established under section 11A.237 and returned
new text end
113.5new text begin to the environment and natural resources trust fund. If only a portion of the land
is sold and new text end
113.6new text begin no longer available for the use for which it was purchased, the amount of the original
trust new text end
113.7new text begin fund payment returned is reduced proportionately based on the portion of the original
new text end
113.8new text begin purchase that is sold. The holder of the land must inform the commissioner of revenue
and new text end
113.9new text begin the county in which the land is sold of the sale and provide them with any information
new text end
113.10new text begin necessary to calculate the required withdrawal from the account. The withdrawal is
made new text end
113.11new text begin along with withdrawals under section 477A.30 in the calendar year after the year in
which new text end
113.12new text begin the land is sold.new text end
113.13 new text begin Subd. 3.new text end new text begin County requirements.new text end new text begin To receive a trust fund payment under this section, a new text end
113.14new text begin county board must enter into an agreement with the State Board of Investment to allow
the new text end
113.15new text begin commissioner of revenue to make deposits and withdrawals on behalf of the county into
new text end
113.16new text begin and out of the county joint trust fund account under section 11A.237.new text end
113.17 new text begin Subd. 4.new text end new text begin Ineligible for other payments.new text end new text begin Land receiving a trust fund payment under this new text end
113.18new text begin section is not eligible for payments under sections 477A.11 to 477A.14, but is eligible
for new text end
113.19new text begin distribution of withdrawals from the county joint trust fund account under section
477A.30.new text end
113.20 new text begin Subd. 5.new text end new text begin State acquisition of land; restrictions.new text end new text begin The state may not use money from the new text end
113.21new text begin environment and natural resources trust fund to acquire in fee simple in whole or
in part new text end
113.22new text begin any land subject to property taxes or any land owned by a nonprofit organization that
was new text end
113.23new text begin subject to property taxes before the land's acquisition by the nonprofit organization
if (1) new text end
113.24new text begin subdivision 2 is void, or (2) sufficient funds to cover the onetime trust fund payment
required new text end
113.25new text begin under subdivision 2 have not been appropriated or are not available.new text end
113.26new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2017, and applies to land acquired new text end
113.27new text begin with money appropriated on or after that date.new text end
113.28 Sec. 12. Minnesota Statutes 2016, section 116P.08, subdivision 1, is amended to read:
113.29 Subdivision 1. Expenditures. Money in the trust fund may be spent only for:
113.30(1) the reinvest in Minnesota program as provided in section
84.95, subdivision 2;
113.31(2) research that contributes to increasing the effectiveness of protecting or managing
113.32the state's environment or natural resources;
114.1(3) collection and analysis of information that assists in developing the state's
114.2environmental and natural resources policies;
114.3(4) enhancement of public education, awareness, and understanding necessary for the
114.4protection, conservation, restoration, and enhancement of air, land, water, forests,
fish,
114.5wildlife, and other natural resources;
114.6(5) capital projects for the preservation and protection of unique natural resources;
114.7(6) activities that preserve or enhance fish, wildlife, land, air, water, and other
natural
114.8resources that otherwise may be substantially impaired or destroyed in any area of
the state;
114.9(7) administrative and investment expenses incurred by the State Board of Investment
114.10in investing deposits to the trust fund; and
114.11(8) administrative expenses subject to the limits in section
116P.09.new text begin ; andnew text end
114.12new text begin (9) payments to the environment and natural resources trust fund payment account as
new text end
114.13new text begin required in section 116P.045.new text end
114.14new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2017, and applies to lands acquired new text end
114.15new text begin with money appropriated on or after that date.new text end
114.16 Sec. 13. Minnesota Statutes 2016, section 116P.08, subdivision 4, is amended to read:
114.17 Subd. 4. Legislative recommendations. (a) Funding may be provided only for those
114.18projects that meet the categories established in subdivision 1.
114.19(b) The commission must recommend an annual or biennial legislative bill to make
114.20appropriations from the trust fund for the purposes provided in subdivision 1. The
114.21recommendations must be submitted to the governor for inclusion in the biennial budget
114.22and supplemental budget submitted to the legislature.
114.23(c) The commission may recommend regional block grants for a portion of trust fund
114.24expenditures to partner with existing regional organizations that have strong citizen
114.25involvement, to address unique local needs and capacity, and to leverage all available
funding
114.26sources for projects.
114.27(d) The commission may recommend the establishment of an emerging issues account
114.28in its legislative bill for funding emerging issues, which come up unexpectedly, but
which
114.29still adhere to the commission's strategic plan, to be approved by the governor after
initiation
114.30and recommendation by the commission.
115.1(e)new text begin The council must recommend an appropriation of money from the environment and new text end
115.2new text begin natural resources trust fund adequate to make the required transfers to the environment
and new text end
115.3new text begin natural resources trust fund payment account according to section 116P.045.new text end
115.4new text begin (f) new text end Money in the trust fund may not be spent except under an appropriation by law.
115.5new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2017, and applies to lands acquired new text end
115.6new text begin with money appropriated on or after that date.new text end
115.7 Sec. 14. Minnesota Statutes 2016, section 477A.10, is amended to read:
115.8477A.10 NATURAL RESOURCES LAND PAYMENTS IN LIEU; PURPOSE.
115.9The purposes of sections
477A.11 to
477A.14 are:
115.10(1) to compensate local units of government for the loss of tax base from state ownership
115.11of landnew text begin , except land acquired on or after July 1, 2017, receiving trust fund payments from
new text end
115.12new text begin the outdoor heritage trust fund payment account or the environment and natural resources
new text end
115.13new text begin trust fund payment account,new text end and the need to provide services for state land;
115.14(2) to address the disproportionate impact of state land ownership on local units
of
115.15government with a large proportion of state land; and
115.16(3) to address the need to manage state lands held in trust for the local taxing districts.
115.17new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
115.18 Sec. 15. Minnesota Statutes 2016, section 477A.11, is amended by adding a subdivision
115.19to read:
115.20 new text begin Subd. 9.new text end new text begin Environment and natural resources trust fund lands.new text end new text begin Notwithstanding any new text end
115.21new text begin other provision of law to the contrary, parcels or portions of parcels of land purchased
on new text end
115.22new text begin or after July 1, 2017, and eligible for a trust fund payment under section 116P.045
are not new text end
115.23new text begin included in the definitions of the lands described in subdivisions 3 to 7 and are
excluded new text end
115.24new text begin from payments under sections 477A.11 to 477A.14.new text end
new text begin new text end 115.25new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with aids payable in 2018.new text end
115.26 Sec. 16. Minnesota Statutes 2016, section 477A.11, is amended by adding a subdivision
115.27to read:
115.28 new text begin Subd. 10.new text end new text begin Outdoor heritage lands.new text end new text begin Notwithstanding any other provision of law to the new text end
115.29new text begin contrary, parcels or portions of parcels of land purchased on or after July 1, 2017,
and new text end
115.30new text begin eligible for a trust fund payment under section 97A.056, subdivision 1b, are not included
new text end
116.1new text begin in the definitions of the lands described in subdivisions 3 to 7 and are excluded
from new text end
116.2new text begin payments under sections 477A.11 to 477A.14.new text end
new text begin new text end 116.3new text begin EFFECTIVE DATE.new text end new text begin This section is effective beginning with aids payable in 2018.new text end
116.4 Sec. 17. new text begin [477A.30] ANNUAL COUNTY JOINT TRUST FUND WITHDRAWALS new text end
116.5new text begin AND DISTRIBUTION FOR ENVIRONMENT AND NATURAL RESOURCES new text end
116.6new text begin TRUST FUND LANDS AND OUTDOOR HERITAGE LANDS.new text end
116.7 new text begin Subdivision 1.new text end new text begin Commissioner of revenue; withdrawals and payments.new text end new text begin No later than new text end
116.8new text begin November 15 each year, the commissioner of revenue shall make a withdrawal on behalf
new text end
116.9new text begin of all eligible counties from the county joint trust fund account established under
section new text end
116.10new text begin 11A.237 equal to the lesser of (1) the total amount of necessary withdrawals certified
by new text end
116.11new text begin the counties under subdivision 2 for the year, or (2) 5-1/2 percent of the amount
in that new text end
116.12new text begin account as of September 1 of that year as determined by the executive director of
the State new text end
116.13new text begin Board of Investment. The commissioner shall distribute the certified withdrawal amounts
new text end
116.14new text begin to each county by November 31. If the amount of the withdrawal is less than the total
new text end
116.15new text begin certified withdrawal amounts under subdivision 2, the commissioner shall reduce the
new text end
116.16new text begin distribution to each county proportionately.new text end
116.17 new text begin Subd. 2.new text end new text begin Certification of needed withdrawal; distribution of funds.new text end new text begin (a) Beginning in new text end
116.18new text begin calendar year 2018, by September 1 each year, a county for whom a trust fund payment
has new text end
116.19new text begin been made on its behalf under section 97A.056, subdivision 1b, or 116P.045, subdivision
new text end
116.20new text begin 2, shall calculate and certify to the commissioner of revenue the amount of trust
fund new text end
116.21new text begin withdrawals needed under this section. The amount of the withdrawal for each parcel
of new text end
116.22new text begin land for which a county received a trust fund payment under either provision is as
follows:new text end
116.23new text begin (1) for the year in which a trust fund payment is made to a county for a parcel of
land, new text end
116.24new text begin the withdrawal for that parcel is equal to:new text end
116.25new text begin (i) the remaining taxes owed to the local governments providing land-related services
new text end
116.26new text begin for taxes spread that year for a parcel acquired between January 1 and June 30; ornew text end
116.27new text begin (ii) the amount of taxes paid to the local governments providing land-related services
new text end
116.28new text begin on the parcel in the previous year if the parcel was acquired before January 1 of
the current new text end
116.29new text begin year. The county must distribute the amount by December 15 to all local governments
new text end
116.30new text begin providing land-related services based on the location of the parcel and the local
governments' new text end
116.31new text begin share of the total tax; andnew text end
116.32new text begin (2) for all subsequent years, the withdrawal for a parcel is equal to the taxes that
would new text end
116.33new text begin be owed based on the appraised value of the land and the taxes assessed by local governments
new text end
117.1new text begin providing land-related services on comparable, privately owned adjacent land. For
purposes new text end
117.2new text begin of this subdivision, "appraised value" is determined in the manner described in section
new text end
117.3new text begin 477A.12, subdivision 3. The county treasurer must allocate the withdrawn funds among
the new text end
117.4new text begin local governments providing land-related services on the same basis as if the funds
were new text end
117.5new text begin taxes on the land received in that year. The county treasurer must pay the allocation
to all new text end
117.6new text begin eligible local governments by December 15 of the year in which the withdrawal is made.
new text end
117.7new text begin The county's share of the payment must be deposited in the county general fund.new text end
117.8new text begin (b) If the distribution to a county under subdivision 1 is less than its total withdrawal
new text end
117.9new text begin amounts certified under this subdivision, all distributions under paragraph (a) are
reduced new text end
117.10new text begin proportionately.new text end
117.11new text begin (c) The local governments receiving a payment under this section must use the money
new text end
117.12new text begin to fund land-related services. For purposes of this paragraph, "land-related services"
means new text end
117.13new text begin services used to restore, enhance, and protect the land and its fish and wildlife
habitat and new text end
117.14new text begin provide any other public services benefiting the land and users of the land, including
access new text end
117.15new text begin and services to the public accessing and using the land and direct and indirect capital
and new text end
117.16new text begin operating costs for (1) roads, bridges, and trails; (2) public safety and emergency
response new text end
117.17new text begin services; (3) environmental, recreational, and resource development and management;
and new text end
117.18new text begin (4) similar costs.new text end
117.19new text begin (d) For purposes of this subdivision, "local governments providing land-related services"
new text end
117.20new text begin has the meaning given in section 116P.02, subdivision 4c.new text end
117.21new text begin EFFECTIVE DATE.new text end new text begin This section is effective January 1, 2018, and applies to land new text end
117.22new text begin acquired with money appropriated on or after July 1, 2017.new text end
117.23 Sec. 18. new text begin DELAYED REQUIREMENT FOR TRUST FUND PAYMENTS FOR new text end
117.24new text begin APPROPRIATIONS MADE FOR FISCAL YEAR 2018.new text end
new text begin new text end 117.25new text begin (a) Notwithstanding Minnesota Statutes, section 97A.056, subdivision 15a, the state
new text end
117.26new text begin may appropriate money for fiscal year 2018 from the outdoor heritage fund to purchase
new text end
117.27new text begin land without appropriating sufficient funds to cover the onetime trust fund payment
required new text end
117.28new text begin under Minnesota Statutes, section 97A.056, subdivision 1b. The amount necessary to
make new text end
117.29new text begin the payment required under Minnesota Statutes, section 97A.056, subdivision 1b, for
all new text end
117.30new text begin fiscal year 2018 appropriations for land purchases must be deposited in the outdoor
heritage new text end
117.31new text begin trust fund payment account by August 1, 2018, or the restriction on land acquisition
under new text end
117.32new text begin Minnesota Statutes, section 97A.056, subdivision 15a, applies to any land acquisition
new text end
117.33new text begin authorized with fiscal year 2018 funds that have not yet been acquired.new text end
118.1new text begin (b) Notwithstanding Minnesota Statutes, section 116P.045, subdivision 5, the state
may new text end
118.2new text begin appropriate money in fiscal year 2018 from the environment and natural resources trust
new text end
118.3new text begin fund to purchase land without appropriating sufficient funds to cover the onetime
trust fund new text end
118.4new text begin payment required under Minnesota Statutes, section 116P.045, subdivision 2. The amount
new text end
118.5new text begin necessary to make the payment required under Minnesota Statutes, section 116P.045,
new text end
118.6new text begin subdivision 2, for all fiscal year 2018 appropriations for land purchases must be
deposited new text end
118.7new text begin in the environment and natural resources trust fund payment account by August 1, 2018,
or new text end
118.8new text begin the restriction on land acquisition under Minnesota Statutes, section 116P.045, subdivision
new text end
118.9new text begin 5, applies to any land acquisition authorized with fiscal year 2018 funds that have
not yet new text end
118.10new text begin been acquired.new text end
118.11new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
118.12ARTICLE 5
118.13TAX INCREMENT FINANCING
118.14 Section 1. Minnesota Statutes 2016, section 469.174, subdivision 12, is amended to read:
118.15 Subd. 12. Economic development district. "Economic development district" means a
118.16type of tax increment financing district which consists of any project, or portions
of a project,
118.17which the authority finds to be in the public interest because:
118.18(1) it will discourage commerce, industry, or manufacturing from moving their operations
118.19to another state or municipality; or
118.20(2) it will result in increased employment in the state; or
118.21(3) it will result in preservation and enhancement of the tax base of the statenew text begin ; ornew text end
118.22new text begin (4) it satisfies the requirements of a workforce housing project under section 469.176,
new text end
118.23new text begin subdivision 4c, paragraph (d)new text end .
118.24new text begin EFFECTIVE DATE.new text end new text begin This section is effective for districts for which the request for new text end
118.25new text begin certification was made after June 30, 2017.new text end
118.26 Sec. 2. Minnesota Statutes 2016, section 469.175, subdivision 3, is amended to read:
118.27 Subd. 3. Municipality approval. (a) A county auditor shall not certify the original net
118.28tax capacity of a tax increment financing district until the tax increment financing
plan
118.29proposed for that district has been approved by the municipality in which the district
is
118.30located. If an authority that proposes to establish a tax increment financing district
and the
118.31municipality are not the same, the authority shall apply to the municipality in which
the
119.1district is proposed to be located and shall obtain the approval of its tax increment
financing
119.2plan by the municipality before the authority may use tax increment financing. The
119.3municipality shall approve the tax increment financing plan only after a public hearing
119.4thereon after published notice in a newspaper of general circulation in the municipality
at
119.5least once not less than ten days nor more than 30 days prior to the date of the hearing.
The
119.6published notice must include a map of the area of the district from which increments
may
119.7be collected and, if the project area includes additional area, a map of the project
area in
119.8which the increments may be expended. The hearing may be held before or after the
approval
119.9or creation of the project or it may be held in conjunction with a hearing to approve
the
119.10project.
119.11 (b) Before or at the time of approval of the tax increment financing plan, the municipality
119.12shall make the following findings, and shall set forth in writing the reasons and
supporting
119.13facts for each determination:
119.14 (1) that the proposed tax increment financing district is a redevelopment district,
a
119.15renewal or renovation district, a housing district, a soils condition district, or
an economic
119.16development district; if the proposed district is a redevelopment district or a renewal
or
119.17renovation district, the reasons and supporting facts for the determination that the
district
119.18meets the criteria of section
469.174, subdivision 10, paragraph (a), clauses (1) and (2), or
119.19subdivision 10a, must be documented in writing and retained and made available to
the
119.20public by the authority until the district has been terminated;
119.21 (2) that, in the opinion of the municipality:
119.22 (i) the proposed development or redevelopment would not reasonably be expected to
119.23occur solely through private investment within the reasonably foreseeable future;
and
119.24 (ii) the increased market value of the site that could reasonably be expected to occur
119.25without the use of tax increment financing would be less than the increase in the
market
119.26value estimated to result from the proposed development after subtracting the present
value
119.27of the projected tax increments for the maximum duration of the district permitted
by the
119.28plan. The requirements of this item do not apply if the district is a housing district;
119.29 (3) that the tax increment financing plan conforms to the general plan for the development
119.30or redevelopment of the municipality as a whole;
119.31 (4) that the tax increment financing plan will afford maximum opportunity, consistent
119.32with the sound needs of the municipality as a whole, for the development or redevelopment
119.33of the project by private enterprise;
120.1 (5) that the municipality elects the method of tax increment computation set forth
in
120.2section
469.177, subdivision 3, paragraph (b), if applicable.
120.3 (c) When the municipality and the authority are not the same, the municipality shall
120.4approve or disapprove the tax increment financing plan within 60 days of submission
by
120.5the authority. When the municipality and the authority are not the same, the municipality
120.6may not amend or modify a tax increment financing plan except as proposed by the authority
120.7pursuant to subdivision 4. Once approved, the determination of the authority to undertake
120.8the project through the use of tax increment financing and the resolution of the governing
120.9body shall be conclusive of the findings therein and of the public need for the financing.
120.10 (d) For a district that is subject to the requirements of paragraph (b), clause (2),
item
120.11(ii), the municipality's statement of reasons and supporting facts must include all
of the
120.12following:
120.13 (1) an estimate of the amount by which the market value of the site will increase
without
120.14the use of tax increment financing;
120.15 (2) an estimate of the increase in the market value that will result from the development
120.16or redevelopment to be assisted with tax increment financing; and
120.17 (3) the present value of the projected tax increments for the maximum duration of
the
120.18district permitted by the tax increment financing plan.
120.19 (e) For purposes of this subdivision, "site" means the parcels on which the development
120.20or redevelopment to be assisted with tax increment financing will be located.
120.21new text begin (f) Before or at the time of approval of the tax increment financing plan for a district
to new text end
120.22new text begin be used to fund a workforce housing project under section 469.176, subdivision 4c,
paragraph new text end
120.23new text begin (d), the municipality shall make the following findings and set forth in writing the
reasons new text end
120.24new text begin and supporting facts for each determination:new text end
120.25new text begin (1) the city is located outside of the metropolitan area, as defined in section 473.121,
new text end
120.26new text begin subdivision 2;new text end
120.27new text begin (2) the average vacancy rate for rental housing located in the municipality and in
any new text end
120.28new text begin statutory or home rule charter city located within 15 miles or less of the boundaries
of the new text end
120.29new text begin municipality has been three percent or less for at least the immediately preceding
two-year new text end
120.30new text begin period;new text end
120.31new text begin (3) at least one business located in the municipality or within 15 miles of the municipality
new text end
120.32new text begin that employs a minimum of 20 full-time equivalent employees in aggregate has provided
a new text end
121.1new text begin written statement to the municipality indicating that the lack of available rental
housing has new text end
121.2new text begin impeded the ability of the business to recruit and hire employees; andnew text end
121.3new text begin (4) the municipality and the development authority intend to use increments from the
new text end
121.4new text begin district for the development of rental housing to serve employees of businesses located
in new text end
121.5new text begin the municipality or surrounding area.new text end
121.6new text begin EFFECTIVE DATE.new text end new text begin This section is effective for districts for which the request for new text end
121.7new text begin certification was made after June 30, 2017.new text end
121.8 Sec. 3. Minnesota Statutes 2016, section 469.176, subdivision 4c, is amended to read:
121.9 Subd. 4c. Economic development districts. (a) Revenue derived from tax increment
121.10from an economic development district may not be used to provide improvements, loans,
121.11subsidies, grants, interest rate subsidies, or assistance in any form to developments
consisting
121.12of buildings and ancillary facilities, if more than 15 percent of the buildings and
facilities
121.13(determined on the basis of square footage) are used for a purpose other than:
121.14 (1) the manufacturing or production of tangible personal property, including processing
121.15resulting in the change in condition of the property;
121.16 (2) warehousing, storage, and distribution of tangible personal property, excluding
retail
121.17sales;
121.18 (3) research and development related to the activities listed in clause (1) or (2);
121.19 (4) telemarketing if that activity is the exclusive use of the property;
121.20 (5) tourism facilities; or
121.21 (6) space necessary for and related to the activities listed in clauses (1) to (5)new text begin ; ornew text end
121.22 new text begin (7) a workforce housing project that satisfies the requirements of paragraph (d)new text end .
121.23 (b) Notwithstanding the provisions of this subdivision, revenues derived from tax
121.24increment from an economic development district may be used to provide improvements,
121.25loans, subsidies, grants, interest rate subsidies, or assistance in any form for up
to 15,000
121.26square feet of any separately owned commercial facility located within the municipal
121.27jurisdiction of a small city, if the revenues derived from increments are spent only
to assist
121.28the facility directly or for administrative expenses, the assistance is necessary
to develop
121.29the facility, and all of the increments, except those for administrative expenses,
are spent
121.30only for activities within the district.
122.1 (c) A city is a small city for purposes of this subdivision if the city was a small
city in
122.2the year in which the request for certification was made and applies for the rest
of the
122.3duration of the district, regardless of whether the city qualifies or ceases to qualify
as a
122.4small city.
122.5new text begin (d) A project qualifies as a workforce housing project under this subdivision if:new text end
122.6new text begin (1) increments from the district are used exclusively to assist in the acquisition
of new text end
122.7new text begin property; construction of improvements; and provision of loans or subsidies, grants,
interest new text end
122.8new text begin rate subsidies, public infrastructure, and related financing costs for rental housing
new text end
122.9new text begin developments in the municipality; andnew text end
122.10new text begin (2) the governing body of the municipality made the findings for the project required
new text end
122.11new text begin by section 469.175, subdivision 3, paragraph (f).new text end
122.12new text begin EFFECTIVE DATE.new text end new text begin This section is effective for districts for which the request for new text end
122.13new text begin certification was made after June 30, 2017.new text end
122.14 Sec. 4. Minnesota Statutes 2016, section 469.1761, is amended by adding a subdivision
122.15to read:
122.16 new text begin Subd. 5.new text end new text begin Income limits; Minnesota Housing Finance Agency challenge program.new text end
122.17new text begin For a project receiving a loan or grant from the Minnesota Housing Finance Agency
challenge new text end
122.18new text begin program under section 462A.33, the income limits under section 462A.33 are substituted
new text end
122.19new text begin for the applicable income limits for the project under subdivision 2 or 3.new text end
122.20new text begin EFFECTIVE DATE.new text end new text begin This section is effective for districts for which the request for new text end
122.21new text begin certification was made after June 30, 2017.new text end
122.22 Sec. 5. Minnesota Statutes 2016, section 469.1763, subdivision 1, is amended to read:
122.23 Subdivision 1. Definitions. (a) For purposes of this section, the following terms have
122.24the meanings given.
122.25(b) "Activities" means acquisition of property, clearing of land, site preparation,
soils
122.26correction, removal of hazardous waste or pollution, installation of utilities, construction
122.27of public or private improvements, and other similar activities, but only to the extent
that
122.28tax increment revenues may be spent for such purposes under other law.
122.29(c) "Third party" means an entity other than (1) the person receiving the benefit
of
122.30assistance financed with tax increments, or (2) the municipality or the development
authority
122.31or other person substantially under the control of the municipality.
123.1(d) "Revenues derived from tax increments paid by properties in the district" means
only
123.2tax increment as defined in section
469.174, subdivision 25, clause (1), and does not include
123.3tax increment as defined in section
469.174, subdivision 25, clauses (2), (3), and (4)new text begin to (5)new text end .
123.4new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
123.5 Sec. 6. Minnesota Statutes 2016, section 469.1763, subdivision 2, is amended to read:
123.6 Subd. 2. Expenditures outside district. (a) For each tax increment financing district,
123.7an amount equal to at least 75 percent of the total revenue derived from tax increments
paid
123.8by properties in the district must be expended on activities in the district or to
pay bonds,
123.9to the extent that the proceeds of the bonds were used to finance activities in the
district or
123.10to pay, or secure payment of, debt service on credit enhanced bonds. For districts,
other
123.11than redevelopment districts for which the request for certification was made after
June 30,
123.121995, the in-district percentage for purposes of the preceding sentence is 80 percent.
Not
123.13more than 25 percent of the total revenue derived from tax increments paid by properties
123.14in the district may be expended, through a development fund or otherwise, on activities
123.15outside of the district but within the defined geographic area of the project except
to pay,
123.16or secure payment of, debt service on credit enhanced bonds. For districts, other
than
123.17redevelopment districts for which the request for certification was made after June
30, 1995,
123.18the pooling percentage for purposes of the preceding sentence is 20 percent. The revenuenew text begin new text end
123.19new text begin revenuesnew text end derived from tax increments fornew text begin paid by properties innew text end the district that are expended
123.20on costs under section
469.176, subdivision 4h, paragraph (b), may be deducted first before
123.21calculating the percentages that must be expended within and without the district.
123.22 (b) In the case of a housing district, a housing project, as defined in section
469.174,
123.23subdivision 11
, is an activity in the district.
123.24 (c) All administrative expenses are for activities outside of the district, except
that if the
123.25only expenses for activities outside of the district under this subdivision are for
the purposes
123.26described in paragraph (d), administrative expenses will be considered as expenditures
for
123.27activities in the district.
123.28 (d) The authority may elect, in the tax increment financing plan for the district,
to increase
123.29by up to ten percentage points the permitted amount of expenditures for activities
located
123.30outside the geographic area of the district under paragraph (a). As permitted by section
123.31469.176, subdivision 4k
, the expenditures, including the permitted expenditures under
123.32paragraph (a), need not be made within the geographic area of the project. Expenditures
123.33that meet the requirements of this paragraph are legally permitted expenditures of
the district,
124.1notwithstanding section
469.176, subdivisions 4b, 4c, and 4j. To qualify for the increase
124.2under this paragraph, the expenditures must:
124.3 (1) be used exclusively to assist housing that meets the requirement for a qualified
124.4low-income building, as that term is used in section 42 of the Internal Revenue Code;
and
124.5 (2) not exceed the qualified basis of the housing, as defined under section 42(c)
of the
124.6Internal Revenue Code, less the amount of any credit allowed under section 42 of the
Internal
124.7Revenue Code; and
124.8 (3) be used to:
124.9 (i) acquire and prepare the site of the housing;
124.10 (ii) acquire, construct, or rehabilitate the housing; or
124.11 (iii) make public improvements directly related to the housing; or
124.12(4) be used to develop housing:
124.13(i) if the market value of the housing does not exceed the lesser of:
124.14(A) 150 percent of the average market value of single-family homes in that municipality;
124.15or
124.16(B) $200,000 for municipalities located in the metropolitan area, as defined in section
124.17473.121
, or $125,000 for all other municipalities; and
124.18(ii) if the expenditures are used to pay the cost of site acquisition, relocation,
demolition
124.19of existing structures, site preparation, and pollution abatement on one or more parcels,
if
124.20the parcel contains a residence containing one to four family dwelling units that
has been
124.21vacant for six or more months and is in foreclosure as defined in section
325N.10, subdivision
124.227
, but without regard to whether the residence is the owner's principal residence,
and only
124.23after the redemption period has expired.
124.24(e) The authority under paragraph (d), clause (4), expires on December 31, 2016.
124.25Increments may continue to be expended under this authority after that date, if they
are used
124.26to pay bonds or binding contracts that would qualify under subdivision 3, paragraph
(a), if
124.27December 31, 2016, is considered to be the last date of the five-year period after
certification
124.28under that provision.
124.29new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
125.1 Sec. 7. Minnesota Statutes 2016, section 469.1763, subdivision 3, is amended to read:
125.2 Subd. 3. Five-year rule. (a) Revenues derived from tax increments new text begin paid by properties new text end
125.3new text begin in the district new text end are considered to have been expended on an activity within the district under
125.4subdivision 2 only if one of the following occurs:
125.5(1) before or within five years after certification of the district, the revenues
are actually
125.6paid to a third party with respect to the activity;
125.7(2) bonds, the proceeds of which must be used to finance the activity, are issued
and
125.8sold to a third party before or within five years after certification, the revenues
are spent to
125.9repay the bonds, and the proceeds of the bonds either are, on the date of issuance,
reasonably
125.10expected to be spent before the end of the later of (i) the five-year period, or (ii)
a reasonable
125.11temporary period within the meaning of the use of that term under section 148(c)(1)
of the
125.12Internal Revenue Code, or are deposited in a reasonably required reserve or replacement
125.13fund;
125.14(3) binding contracts with a third party are entered into for performance of the activity
125.15before or within five years after certification of the district and the revenues are
spent under
125.16the contractual obligation;
125.17(4) costs with respect to the activity are paid before or within five years after
certification
125.18of the district and the revenues are spent to reimburse a party for payment of the
costs,
125.19including interest on unreimbursed costs; or
125.20(5) expenditures are made for housing purposes as permitted by subdivision 2, paragraphs
125.21(b) and (d), or for public infrastructure purposes within a zone as permitted by subdivision
125.222, paragraph (e).
125.23(b) For purposes of this subdivision, bonds include subsequent refunding bonds if
the
125.24original refunded bonds meet the requirements of paragraph (a), clause (2).
125.25(c) For a redevelopment district or a renewal and renovation district certified after
June
125.2630, 2003, and before April 20, 2009, the five-year periods described in paragraph
(a) are
125.27extended to ten years after certification of the district. For a redevelopment district
certified
125.28after April 20, 2009, and before June 30, 2012, the five-year periods described in
paragraph
125.29(a) are extended to eight years after certification of the district. This extension
is provided
125.30primarily to accommodate delays in development activities due to unanticipated economic
125.31circumstances.
125.32new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
126.1 Sec. 8. Minnesota Statutes 2016, section 469.178, subdivision 7, is amended to read:
126.2 Subd. 7. Interfund loans. new text begin (a) new text end The authority or municipality may advance or loan money
126.3to finance expenditures under section
469.176, subdivision 4, from its general fund or any
126.4other fund under which it has legal authority to do so.
126.5 new text begin (b) Not later than 60 days after money is transferred, advanced, or spent, whichever
is new text end
126.6new text begin earliest,new text end the loan or advance must be authorized, by resolution of the governing body or of
126.7the authority, whichever has jurisdiction over the fund from which the advance or
loan is
126.8authorized, before money is transferred, advanced, or spent, whichever is earliest.
126.9 new text begin (c)new text end The resolution may generally grant to new text begin the municipality or new text end the authority the power to
126.10make interfund loans under one or more tax increment financing plans or for one or
more
126.11districts.new text begin The resolution may be adopted before or after the adoption of the tax increment new text end
126.12new text begin financing plan or the creation of the tax increment financing district from which
the advance new text end
126.13new text begin or loan is to be repaid.new text end
126.14 new text begin (d)new text end The terms and conditions for repayment of the loan must be provided in writing andnew text begin . new text end
126.15new text begin The written terms and conditions may be in any form, but mustnew text end include, at a minimum, the
126.16principal amount, the interest rate, and maximum term.new text begin Written terms may be modified or new text end
126.17new text begin amended in writing by the municipality or the authority before the latest decertification
of new text end
126.18new text begin any tax increment financing district from which the interfund loan is to be repaid.new text end The
126.19maximum rate of interest permitted to be charged is limited to the greater of the
rates
126.20specified under section
270C.40 or
549.09 as of the date the loan or advance is authorized,
126.21unless the written agreement states that the maximum interest rate will fluctuate
as the
126.22interest rates specified under section
270C.40 or
549.09 are from time to time adjusted.new text begin new text end
126.23new text begin Loans or advances may be structured as draw-down or line-of-credit obligations of
the new text end
126.24new text begin lending fund.new text end
126.25 new text begin (e) The authority shall report in the annual report submitted under section 469.175,
new text end
126.26new text begin subdivision 6:new text end
126.27 new text begin (1) the amount of any interfund loan or advance made in a calendar year; andnew text end
126.28 new text begin (2) any amendment of an interfund loan or advance made in a calendar year.new text end
126.29new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment and new text end
126.30new text begin applies to all districts, regardless of when the request for certification was made.new text end
127.1 Sec. 9. Laws 2008, chapter 154, article 9, section 21, subdivision 2, is amended to read:
127.2 Subd. 2. Special rules. (a) If the city elects, upon the adoption of the tax increment
127.3financing plan for a district, the rules under this section apply to a redevelopment
district,
127.4renewal and renovation district, new text begin economic development district, new text end soil condition district, or
127.5a soil deficiency district established by the city or a development authority of the
city in the
127.6project area.
127.7 (b) Prior to or upon the adoption of the first tax increment plan subject to the special
127.8rules under this subdivision, the city must find by resolution that parcels consisting
of at
127.9least 80 percent of the acreage of the project area (excluding street and railroad
right of
127.10way) are characterized by one or more of the following conditions:
127.11 (1) peat or other soils with geotechnical deficiencies that impair development of
127.12residential or commercial buildings or infrastructure;
127.13 (2) soils or terrain that requires substantial filling in order to permit the development
of
127.14commercial or residential buildings or infrastructure;
127.15 (3) landfills, dumps, or similar deposits of municipal or private waste;
127.16 (4) quarries or similar resource extraction sites;
127.17 (5) floodway; and
127.18 (6) substandard buildings within the meaning of Minnesota Statutes, section
469.174,
127.19subdivision 10
.
127.20 (c) For the purposes of paragraph (b), clauses (1) through (5), a parcel is deemed
to be
127.21characterized by the relevant condition if at least 70 percent of the area of the
parcel contains
127.22the relevant condition. For the purposes of paragraph (b), clause (6), a parcel is
deemed to
127.23be characterized by substandard buildings if the buildings occupy at least 30 percent
of the
127.24area of the parcel.
127.25 (d) The five-year rule under Minnesota Statutes, section
469.1763, subdivision 3, is
127.26extended to ten years for any district, and section
469.1763, subdivision 4, does not apply
127.27to any district.
127.28 (e) Notwithstanding anything to the contrary in section
469.1763, subdivision 2, paragraph
127.29(a), not more than 80 percent of the total revenue derived from tax increments paid
by
127.30properties in any district (measured over the life of the district) may be expended
on activities
127.31outside the district but within the project area.
127.32 (f) For a soil deficiency district:
128.1 (1) increments may be collected through 20 years after the receipt by the authority
of
128.2the first increment from the district; and
128.3 (2) except as otherwise provided in this subdivision, increments may be used only
to:
128.4 (i) acquire parcels on which the improvements described in item (ii) will occur;
128.5 (ii) pay for the cost of correcting the unusual terrain or soil deficiencies and the
additional
128.6cost of installing public improvements directly caused by the deficiencies; and
128.7 (iii) pay for the administrative expenses of the authority allocable to the district.
128.8 (g) Increments spent for any infrastructure costs, whether inside a district or outside
a
128.9district but within the project area, are deemed to satisfy the requirements of paragraph
(f)
128.10and Minnesota Statutes, section
469.176, subdivisions 4bnew text begin , 4c,new text end and 4j.
128.11 (h) Increments from any district may not be used to pay the costs of landfill closure
or
128.12public infrastructure located on the following parcels within the plat known as Burnsville
128.13Amphitheater: Lot 1, Block 1; Lots 1 and 2, Block 2; and Outlots A, B, C and D.
128.14 (i) new text begin The four-year rule under Minnesota Statutes, section 469.176, subdivision 6, is new text end
128.15new text begin extended to nine years.new text end
128.16 new text begin (j) The city may specify in the tax increment financing plan for any district the
first year new text end
128.17new text begin in which it elects to receive increment, which may be up to eight years following
approval new text end
128.18new text begin of the district.new text end
128.19 new text begin (k) Notwithstanding Minnesota Statutes, section 469.176, subdivision 1b, paragraph
(c), new text end
128.20new text begin the city may waive any increment received in 2017 and, if so, it shall not be used
in new text end
128.21new text begin determining the duration limit for any district created under this section.new text end
128.22 new text begin (l) new text end The authority to approve tax increment financing plans to establish tax increment
128.23financing districts under this section expires on December 31, 2018new text begin March 20, 2023new text end .
128.24new text begin EFFECTIVE DATE.new text end new text begin This section is effective upon approval by the governing body new text end
128.25new text begin of the city of Burnsville and compliance with the requirements of Minnesota Statutes,
section new text end
128.26new text begin 645.021.new text end
128.27 Sec. 10. Laws 2009, chapter 88, article 5, section 17, as amended by Laws 2010, chapter
128.28382, section 84, is amended to read:
128.29 Sec. 17. SEAWAY PORT AUTHORITY OF DULUTH; TAX INCREMENT
128.30FINANCING DISTRICT; SPECIAL RULES.
129.1(a) If the Seaway Port Authority of Duluth adopts a tax increment financing plan and
129.2the governing body of the city of Duluth approves the plan for the tax increment financing
129.3district consisting of one or more parcels identified as: 010-2730-00010; 010-2730-00020;
129.4010-2730-00040; 010-2730-00050; 010-2730-00070; 010-2730-00080; 010-2730-00090;
129.5010-2730-00100; new text begin 010-02730-00120; 010-02730-00130; 010-02730-00140; new text end 010-2730-00160;
129.6010-2730-00180; 010-2730-00200; 010-2730-00300;new text begin 010-02730-00320; new text end 010-2746-01250;
129.7010-2746-1330; 010-2746-01340; 010-2746-01350; 010-2746-1440; 010-2746-1380;
129.8010-2746-01490; 010-2746-01500; 010-2746-01510; 010-2746-01520; 010-2746-01530;
129.9010-2746-01540; 010-2746-01550; 010-2746-01560; 010-2746-01570; 010-2746-01580;
129.10010-2746-01590; 010-3300-4560; 010-3300-4565; 010-3300-04570; 010-3300-04580;
129.11010-3300-04640; 010-3300-04645; and 010-3300-04650, the five-year rule under Minnesota
129.12Statutes, section
469.1763, subdivision 3, that activities must be undertaken within a five-year
129.13period from the date of certification of the tax increment financing district, must
be
129.14considered to be met if the activities are undertaken within five years after the
date all
129.15qualifying parcels are delisted from the Federal Superfund list.
129.16(b) The requirements of Minnesota Statutes, section
469.1763, subdivision 4, beginning
129.17in the sixth year following certification of the district requirement, will begin
in the sixth
129.18year following the date all qualifying parcels are delisted from the Federal Superfund
list.
129.19(c) The action required under Minnesota Statutes, section
469.176, subdivision 6, are
129.20satisfied if the action is commenced within four years after the date all qualifying
parcels
129.21are delisted from the Federal Superfund list and evidence of the action required is
submitted
129.22to the county auditor by February 1 of the fifth year following the year in which
all qualifying
129.23parcels are delisted from the Federal Superfund list.
129.24(d) For purposes of this section, "qualifying parcels" means United States Steel parcels
129.25listed in paragraph (a) and shown by the Minnesota Pollution Control Agency as part
of the
129.26USSnew text begin St. Louis River-U.S. Steel Superfundnew text end Site (USEPA OU 02) that are included in the
129.27tax increment financing district.
129.28(e) In addition to the reporting requirements of Minnesota Statutes, section
469.175,
129.29subdivision 5
, the Seaway Port Authority of Duluth shall report the status of all parcels
129.30listed in paragraph (a) and shown as part of the USSnew text begin St. Louis River-U.S. Steel Superfundnew text end
129.31Site (USEPA OU 02). The status report must show the parcel numbers, the listed or
delisted
129.32status, and if delisted, the delisting date.
129.33new text begin (f) Notwithstanding Minnesota Statutes, section 469.178, subdivision 7, or any other
new text end
129.34new text begin law to the contrary, the Seaway Port Authority of Duluth may establish an interfund
loan new text end
130.1new text begin program before approval of the tax increment financing plan for or the establishment
of the new text end
130.2new text begin district authorized by this section. The authority may make loans under this program.
The new text end
130.3new text begin proceeds of the loans may be used for any permitted use of increments under this law
or new text end
130.4new text begin Minnesota Statutes, section 469.176, for the district and may be repaid with increments
new text end
130.5new text begin from the district established under this section. This paragraph applies to any action
new text end
130.6new text begin authorized by the Seaway Port Authority of Duluth on or after March 25, 2010.new text end
130.7new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after the governing body of the new text end
130.8new text begin city of Duluth and its chief clerical officer comply with Minnesota Statutes, section
645.021, new text end
130.9new text begin subdivision 3.new text end
130.10 Sec. 11. Laws 2014, chapter 308, article 6, section 8, subdivision 1, is amended to read:
130.11 Subdivision 1. Authority to create districts. (a) The governing body of the city of
130.12Edina or its development authority may establish one or more tax increment financing
130.13housing districts in the Southeast Edina Redevelopment Project Area, as the boundaries
130.14exist on March 31, 2014.
130.15(b) The authority to request certification of districts under this section expires
on June
130.1630, 2017new text begin 2020new text end .
130.17new text begin EFFECTIVE DATE.new text end new text begin This section is effective on the day following final enactment new text end
130.18new text begin without local approval under Minnesota Statutes, section 645.023, subdivision 1, paragraph
new text end
130.19new text begin (a).new text end
130.20 Sec. 12. Laws 2014, chapter 308, article 6, section 9, is amended to read:
130.21 Sec. 9. CITY OF MAPLE GROVE; TAX INCREMENT FINANCING DISTRICT.
130.22 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have
130.23the meanings given them.
130.24(b) "City" means the city of Maple Grove.
130.25(c) "Project area" means new text begin all or a portion of new text end the area in the city commencing at a point
130.26130 feet East and 120 feet North of the southwest corner of the Southeast Quarter
of Section
130.2723, Township 119, Range 22, Hennepin County, said point being on the easterly right-of-way
130.28line of Hemlock Lane; thence northerly along said easterly right-of-way line of Hemlock
130.29Lane to a point on the west line of the east one-half of the Southeast Quarter of
section 23,
130.30thence south along said west line a distance of 1,200 feet; thence easterly to the
east line of
130.31Section 23, 1,030 feet North from the southeast corner thereof; thence South 74 degrees
130.32East 1,285 feet; thence East a distance of 1,000 feet; thence North 59 degrees West
a distance
131.1of 650 feet; thence northerly to a point on the northerly right-of-way line of 81st
Avenue
131.2North, 650 feet westerly measured at right angles, from the east line of the Northwest
Quarter
131.3of Section 24; thence North 13 degrees West a distance of 795 feet; thence West to
the west
131.4line of the Southeast Quarter of the Northwest Quarter of Section 24; thence North
55
131.5degrees West to the south line of the Northwest Quarter of the Northwest Quarter of
Section
131.624; thence West along said south line to the east right-of-way line of Zachary Lane;
thence
131.7North along the east right-of-way line of Zachary Lane to the southwest corner of
Lot 1,
131.8Block 1, Metropolitan Industrial Park 5th Addition; thence East along the south line
of said
131.9Lot 1 to the northeast corner of Outlot A, Metropolitan Industrial Park 5th Addition;
thence
131.10South along the east line of said Outlot A and its southerly extension to the south
right-of-way
131.11line of County State-Aid Highway (CSAH) 109; thence easterly along the south right-of-way
131.12line of CSAH 109 to the east line of the Northwest Quarter of the Northeast Quarter
of
131.13Section 24; thence South along said east line to the north line of the South Half
of the
131.14Northeast Quarter of Section 24; thence East along said north line to the westerly
right-of-way
131.15line of Jefferson Highway North; thence southerly along the westerly right-of-way
line of
131.16Jefferson Highway to the centerline of CSAH 130; thence continuing South along the
west
131.17right-of-way line of Pilgrim Lane North to the westerly extension of the north line
of Outlot
131.18A, Park North Fourth Addition; thence easterly along the north line of Outlot A, Park
North
131.19Fourth Addition to the northeast corner of said Outlot A; thence southerly along the
east
131.20line of said Outlot A to the southeast corner of said Outlot A; thence easterly along
the south
131.21line of Lot 1, Block 1, Park North Fourth Addition to the westerly right-of-way line
of State
131.22Highway 169; thence southerly, southwesterly, westerly, and northwesterly along the
131.23westerly right-of-way line of State Highway 169 and the northerly right-of-way line
of
131.24Interstate 694 to its intersection with the southerly extension of the easterly right-of-way
131.25line of Zachary Lane North; thence northerly along the easterly right-of-way line
of Zachary
131.26Lane North and its northerly extension to the north right-of-way line of CSAH 130;
thence
131.27westerly, southerly, northerly, southwesterly, and northwesterly to the point of beginning
131.28and there terminating, provided that the project area includes the rights-of-way for
all present
131.29and future highway interchanges abutting the area described in this paragraphnew text begin , and may new text end
131.30new text begin include any additional property necessary to cause the property included in the tax
increment new text end
131.31new text begin financing district to consist of complete parcelsnew text end .
131.32(d) "Soil deficiency district" means a type of tax increment financing district consisting
131.33of a portion of the project area in which the city finds by resolution that the following
131.34conditions exist:
132.1(1) unusual terrain or soil deficiencies that occurred over 80 percent of the acreage
in
132.2the district require substantial filling, grading, or other physical preparation for
use; and
132.3(2) the estimated cost of the physical preparation under clause (1), but excluding
costs
132.4directly related to roads as defined in Minnesota Statutes, section
160.01, and local
132.5improvements as described in Minnesota Statutes, sections
429.021, subdivision 1, clauses
132.6(1) to (7), (11), and (12), and
430.01, exceeds the fair market value of the land before
132.7completion of the preparation.
132.8 Subd. 2. Special rules. (a) If the city elects, upon the adoption of the tax increment
132.9financing plan for a district, the rules under this section apply to a redevelopment
district,
132.10renewal and renovation district, soil condition district, or soil deficiency district
established
132.11by the city or a development authority of the city in the project area.
132.12(b) Prior to or upon the adoption of the first tax increment plan subject to the special
132.13rules under this subdivision, the city must find by resolution that parcels consisting
of at
132.14least 80 percent of the acreage of the project area, excluding street and railroad
rights-of-way,
132.15are characterized by one or more of the following conditions:
132.16(1) peat or other soils with geotechnical deficiencies that impair development of
132.17commercial buildings or infrastructure;
132.18(2) soils or terrain that require substantial filling in order to permit the development
of
132.19commercial buildings or infrastructure;
132.20(3) landfills, dumps, or similar deposits of municipal or private waste;
132.21(4) quarries or similar resource extraction sites;
132.22(5) floodway; and
132.23(6) substandard buildings, within the meaning of Minnesota Statutes, section
469.174,
132.24subdivision 10
.
132.25(c) For the purposes of paragraph (b), clauses (1) to (5), a parcel is characterized
by the
132.26relevant condition if at least 70 percent of the area of the parcel contains the relevant
132.27condition. For the purposes of paragraph (b), clause (6), a parcel is characterized
by
132.28substandard buildings if substandard buildings occupy at least 30 percent of the area
of the
132.29parcel.
132.30(d) The five-year rule under Minnesota Statutes, section
469.1763, subdivision 3, is
132.31extended to eight years for any district, and Minnesota Statutes, section
469.1763, subdivision
132.324
, does not apply to any district.
133.1(e) Notwithstanding any provision to the contrary in Minnesota Statutes, section
469.1763,
133.2subdivision 2
, paragraph (a), not more than 40 percent of the total revenue derived from tax
133.3increments paid by properties in any district, measured over the life of the district,
may be
133.4expended on activities outside the district but within the project area.
133.5(f) For a soil deficiency district:
133.6(1) increments may be collected through 20 years after the receipt by the authority
of
133.7the first increment from the district;
133.8(2) increments may be used only to:
133.9(i) acquire parcels on which the improvements described in item (ii) will occur;
133.10(ii) pay for the cost of correcting the unusual terrain or soil deficiencies and the
additional
133.11cost of installing public improvements directly caused by the deficiencies; and
133.12(iii) pay for the administrative expenses of the authority allocable to the district;
and
133.13(3) any parcel acquired with increments from the district must be sold at no less
than
133.14their fair market value.
133.15(g) Increments spent for any infrastructure costs, whether inside a district or outside
a
133.16district but within the project area, are deemed to satisfy the requirements of Minnesota
133.17Statutes, section
469.176, subdivision 4j.
133.18(h) The authority to approve tax increment financing plans to establish tax increment
133.19financing districts under this section expires June 30, 2020.
133.20new text begin (i) Notwithstanding the restrictions in paragraph (f), clause (2), the city may use
new text end
133.21new text begin increments from a soil deficiency district to acquire parcels and for other infrastructure
costs new text end
133.22new text begin either inside or outside of the district, but within the project area, if the acquisition
or new text end
133.23new text begin infrastructure is for a qualified development. For purposes of this paragraph, a development
new text end
133.24new text begin is a qualified development only if all of the following requirements are satisfied:new text end
133.25new text begin (1) the city finds, by resolution, that the land acquisition and infrastructure are
undertaken new text end
133.26new text begin primarily to serve the development;new text end
133.27new text begin (2) the city has a binding, written commitment and adequate financial assurances from
new text end
133.28new text begin the developer that the development will be constructed; andnew text end
133.29new text begin (3) the development does not consist of retail trade or housing improvements.new text end
134.1new text begin EFFECTIVE DATE.new text end new text begin This section is effective upon approval by the governing body new text end
134.2new text begin of the city of Maple Grove and its compliance with the requirements of Minnesota Statutes,
new text end
134.3new text begin section 645.021.new text end
134.4 Sec. 13. new text begin CITY OF ANOKA; GREENS OF ANOKA TIF DISTRICT.new text end
134.5new text begin For purposes of Minnesota Statutes, section 469.1763, subdivision 3, paragraph (c),
the new text end
134.6new text begin city of Anoka's Greens of Anoka redevelopment tax increment financing district is
deemed new text end
134.7new text begin to be certified on June 29, 2012, rather than its actual certification date of July
2, 2012, and new text end
134.8new text begin the provisions of Minnesota Statutes, section 469.1763, subdivisions 3 and 4, apply
as if new text end
134.9new text begin the district were certified on that date.new text end
134.10new text begin EFFECTIVE DATE.new text end new text begin This section is effective upon approval by the governing body new text end
134.11new text begin of the city of Anoka and upon compliance by the city with Minnesota Statutes, section
new text end
134.12new text begin 645.021, subdivisions 2 and 3.new text end
134.13 Sec. 14. new text begin CITY OF COON RAPIDS; TIF DISTRICT 6-1; PORT RIVERWALK.new text end
134.14new text begin Notwithstanding the provisions of Minnesota Statutes, section 469.176, subdivision
1b, new text end
134.15new text begin or any other law to the contrary, the city of Coon Rapids may collect tax increment
from new text end
134.16new text begin District 6-1 Port Riverwalk through December 31, 2038.new text end
134.17new text begin EFFECTIVE DATE.new text end new text begin This section is effective upon compliance by the governing bodies new text end
134.18new text begin of the city of Coon Rapids, Anoka County, and Independent School District No. 11 with
new text end
134.19new text begin the requirements of Minnesota Statutes, sections 469.1782, subdivision 2, and 645.021,
new text end
134.20new text begin subdivision 3.new text end
134.21 Sec. 15. new text begin CITY OF COTTAGE GROVE; TIF DISTRICT 1-12; GATEWAY NORTH.new text end
134.22new text begin The requirement of Minnesota Statutes, section 469.1763, subdivision 3, that activities
new text end
134.23new text begin must be undertaken within a five-year period from the date of certification of a tax
increment new text end
134.24new text begin financing district, is considered to be met for Tax Increment Financing District No.
1-12 new text end
134.25new text begin (Gateway North), administered by the Cottage Grove Economic Development Authority,
new text end
134.26new text begin if the activities are undertaken prior to January 1, 2017.new text end
134.27new text begin EFFECTIVE DATE.new text end new text begin This section is effective upon compliance by the chief clerical new text end
134.28new text begin officer of the governing body of the city of Cottage Grove with the requirements of
Minnesota new text end
134.29new text begin Statutes, section 645.021, subdivisions 2 and 3.new text end
135.1 Sec. 16. new text begin CITY OF EDINA; APPROVAL OF 2014 SPECIAL LAW.new text end
135.2new text begin Notwithstanding the provisions of Minnesota Statutes, section 645.021, subdivision
3, new text end
135.3new text begin the chief clerical officer of the city of Edina may file with the secretary of state
certificate new text end
135.4new text begin of approval of Laws 2014, chapter 308, article 6, section 8, by December 31, 2017,
and, if new text end
135.5new text begin the certificate is so filed and the requirements of Minnesota Statutes, section 645.021,
new text end
135.6new text begin subdivision 3, are otherwise complied with, the special law is deemed approved, and
all new text end
135.7new text begin actions taken by the city before the effective date of this section in reliance on
Laws 2014, new text end
135.8new text begin chapter 308, article 6, section 8, are deemed consistent with Laws 2014, chapter 308,
article new text end
135.9new text begin 6, section 8, and this act.new text end
135.10new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment without new text end
135.11new text begin local approval as an amendment to the provisions of Laws 2014, chapter 308, article
6, new text end
135.12new text begin section 8.new text end
135.13 Sec. 17. new text begin CITY OF MOORHEAD; TIF DISTRICT; FIRST AVENUE NORTH.new text end
135.14new text begin For purposes of Minnesota Statutes, section 469.1763, subdivision 3, paragraph (c),
the new text end
135.15new text begin city of Moorhead's 1st Avenue North (Central Corridors) Redevelopment Tax Increment
new text end
135.16new text begin Financing District is deemed to be certified on June 29, 2012, rather than its actual
new text end
135.17new text begin certification date of July 12, 2012, and Minnesota Statutes, section 469.1763, subdivisions
new text end
135.18new text begin 3 and 4, apply as if the district were certified on that date.new text end
135.19new text begin EFFECTIVE DATE.new text end new text begin This section is effective upon approval by the governing body new text end
135.20new text begin of the city of Moorhead and upon compliance by the city with Minnesota Statutes, section
new text end
135.21new text begin 645.021, subdivisions 2 and 3.new text end
135.22 Sec. 18. new text begin CITY OF RICHFIELD; EXTENSION OF CEDAR AVENUE TIF new text end
135.23new text begin DISTRICT.new text end
135.24new text begin Notwithstanding Minnesota Statutes, section 469.176, subdivision 1b, or any other
law new text end
135.25new text begin to the contrary, the city of Richfield and the Housing and Redevelopment Authority
in and new text end
135.26new text begin for the city of Richfield may elect to extend the duration limit of the redevelopment
tax new text end
135.27new text begin increment financing district known as the Cedar Avenue Tax Increment Financing District
new text end
135.28new text begin established by Laws 2005, chapter 152, article 2, section 25, by ten years.new text end
135.29new text begin EFFECTIVE DATE.new text end new text begin This section is effective upon compliance by the city of Richfield, new text end
135.30new text begin Hennepin County, and Independent School District No. 280 with the requirements of
new text end
135.31new text begin Minnesota Statutes, sections 469.1782, subdivision 2; and 645.021, subdivisions 2
and 3.new text end
136.1 Sec. 19. new text begin CITY OF RICHFIELD; LYNDALE GARDENS TIF DISTRICT.new text end
136.2new text begin The requirements of Minnesota Statutes, section 469.1763, subdivision 3, that activities
new text end
136.3new text begin must be undertaken within a five-year period from the date of certification of a tax
increment new text end
136.4new text begin financing district, are considered to be met for the Lyndale Gardens Tax Increment
Financing new text end
136.5new text begin District established by the city of Richfield and the housing and redevelopment authority
new text end
136.6new text begin in and for the city of Richfield if the activities are undertaken within eight years
from the new text end
136.7new text begin date of certification.new text end
136.8new text begin EFFECTIVE DATE.new text end new text begin This act is effective upon the city of Richfield's compliance with new text end
136.9new text begin the requirements of Minnesota Statutes, section 645.021, subdivisions 2 and 3.new text end
136.10 Sec. 20. new text begin CITY OF ROCHESTER; TIF DISTRICT 36; BIOSCIENCE PROJECT.new text end
136.11new text begin Notwithstanding the provisions of Minnesota Statutes, sections 469.174 and 469.176,
new text end
136.12new text begin the city of Rochester may spend the proceeds from the sale or lease of any property
purchased new text end
136.13new text begin with tax increments derived from tax increment financing district number 36 (Bioscience
new text end
136.14new text begin Project) for the costs of operating, maintaining, and improving properties acquired
with tax new text end
136.15new text begin increments from district number 36, including funding and maintaining reserves for
capital new text end
136.16new text begin or operating expenses. Following the close of the third calendar year after decertification
new text end
136.17new text begin of that district, any remaining amounts of the proceeds are not subject to restrictions
that new text end
136.18new text begin apply to tax increments under Minnesota Statutes, sections 469.174 to 469.1794.new text end
136.19new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment without new text end
136.20new text begin local approval under Minnesota Statutes, section 645.023, subdivision 1, clause (a).new text end
136.21 Sec. 21. new text begin CITY OF SOUTH ST. PAUL; EXTENSION OF TIME TO ADOPT new text end
136.22new text begin INTERFUND LOAN RESOLUTION FOR 4TH AVENUE VILLAGE TIF DISTRICT.new text end
136.23new text begin Notwithstanding Minnesota Statutes, section 469.178, subdivision 7, the governing
body new text end
136.24new text begin of the South St. Paul Economic Development Authority, successor to the Housing and
new text end
136.25new text begin Redevelopment Authority in and for the city of South St. Paul, may retroactively approve
new text end
136.26new text begin a previously established interfund loan for the 4th Avenue Village Tax Increment District
new text end
136.27new text begin in the city of South St. Paul if the governing body adopts a resolution approving
that loan new text end
136.28new text begin by August 1, 2017, and if the requirements of Minnesota Statutes, section 469.178,
new text end
136.29new text begin subdivision 7, are otherwise complied with, the interfund loan authorization is deemed
to new text end
136.30new text begin satisfy Minnesota Statutes, section 469.178, subdivision 7.new text end
136.31new text begin EFFECTIVE DATE.new text end new text begin This section is effective without local approval under Minnesota new text end
136.32new text begin Statutes, section 645.023, subdivision 1, paragraph (a), on the day following final
enactment.new text end
137.1 Sec. 22. new text begin CITY OF ST. LOUIS PARK; ELMWOOD VILLAGE TIF DISTRICT.new text end
137.2new text begin For purposes of the Elmwood Village Tax Increment Financing District in the city of
new text end
137.3new text begin St. Louis Park, including during the duration extension authorized by Laws 2009, chapter
new text end
137.4new text begin 88, article 5, section 19, the period under Minnesota Statutes, section 469.1763,
subdivision new text end
137.5new text begin 3, is extended through December 31, 2019, and calendar year 2020 is the first year
to which new text end
137.6new text begin Minnesota Statutes, section 469.1763, subdivision 4, applies. In addition, the permitted
new text end
137.7new text begin percentage of increments that may be expended under Minnesota Statutes, section 469.1763,
new text end
137.8new text begin subdivision 2, on activities outside of the district is increased to 45 percent for
the district.new text end
137.9new text begin EFFECTIVE DATE.new text end new text begin This section is effective upon compliance by the governing body new text end
137.10new text begin of the city of St. Louis Park with the requirements of Minnesota Statutes, section
645.021, new text end
137.11new text begin subdivision 3.new text end
137.12 Sec. 23. new text begin CITY OF ST. PAUL; FORD SITE REDEVELOPMENT TIF DISTRICT.new text end
137.13new text begin (a) For purposes of computing the duration limits under Minnesota Statutes, section
new text end
137.14new text begin 469.176, subdivision 1b, the housing and redevelopment authority of the city of St.
Paul new text end
137.15new text begin may waive receipt of increment for the Ford Site Redevelopment Tax Increment Financing
new text end
137.16new text begin District. This authority is limited to the first four years of increment or increments
derived new text end
137.17new text begin from taxes payable in 2023, whichever occurs first.new text end
137.18new text begin (b) If the city elects to waive receipt of increment under paragraph (a), for purposes
of new text end
137.19new text begin applying any limits based on when the district was certified under Minnesota Statutes,
new text end
137.20new text begin section 469.176, subdivision 6, or 469.1763, the date of certification for the district
is deemed new text end
137.21new text begin to be January 2 of the property tax assessment year for which increment is first received
new text end
137.22new text begin under the waiver.new text end
137.23new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2017, without local approval new text end
137.24new text begin under Minnesota Statutes, section 645.023, subdivision 1, paragraph (a).new text end
137.25 Sec. 24. new text begin WASHINGTON COUNTY; NEWPORT REDROCK CROSSING PROJECT new text end
137.26new text begin TIF DISTRICT; SPECIAL RULES.new text end
137.27new text begin (a) If Washington County elects, upon the adoption of a tax increment financing plan
new text end
137.28new text begin for a district, the rules under this section apply to one or more tax increment financing
new text end
137.29new text begin districts established by the county or the community development agency of the county.
new text end
137.30new text begin The area within which the tax increment districts may be created is located in the
city of new text end
137.31new text begin Newport and is south of marked Interstate Highway 494, north of 15th Street extended
to new text end
137.32new text begin the Mississippi River, east of the Mississippi River, and west of marked Trunk Highway
new text end
138.1new text begin 61 and the adjacent rights-of-way and shall be referred to as the "Newport Red Rock
Crossing new text end
138.2new text begin Project Area" or "project area."new text end
138.3new text begin (b) The requirements for qualifying a redevelopment district under Minnesota Statutes,
new text end
138.4new text begin section 469.174, subdivision 10, do not apply to the parcels identified by parcel
identification new text end
138.5new text begin numbers: 2602822440051, 260282244050, 260282244049, 260282244048, 2602822440046, new text end
138.6new text begin 2602822440045, 260282244044, 2602822440043, 2602822440026, 2602822440025, new text end
138.7new text begin 260282244024, and 2602822440023, which are deemed substandard for the purpose of new text end
138.8new text begin qualifying the district as a redevelopment district.new text end
138.9new text begin (c) Increments spent outside a district shall only be spent within the project area
and on new text end
138.10new text begin costs described in Minnesota Statutes, section 469.176, subdivision 4j.new text end
138.11new text begin (d) Notwithstanding anything to the contrary in Minnesota Statutes, section 469.1763,
new text end
138.12new text begin subdivision 2, paragraph (a), not more than 80 percent of the total revenue derived
from tax new text end
138.13new text begin increments paid by properties in any district, measured over the life of the district,
may be new text end
138.14new text begin expended on activities outside the district but within the project area. The five-year
rule new text end
138.15new text begin under Minnesota Statutes, section 469.1763, subdivision 3, applies as if the limit
is nine new text end
138.16new text begin years.new text end
138.17new text begin (e) The authority to approve a tax increment financing plan and to establish a tax
new text end
138.18new text begin increment financing district under this section expires December 31, 2027.new text end
138.19new text begin (f) The use of revenues for decertification in Minnesota Statutes, section 469.1763,
new text end
138.20new text begin subdivision 4, does not apply to the project area.new text end
138.21new text begin EFFECTIVE DATE.new text end new text begin This section is effective and shall retroactively include the new text end
138.22new text begin redevelopment district in the project area approved by Washington County on November
new text end
138.23new text begin 8, 2016, upon approval by the governing body of the city of Newport and Washington
new text end
138.24new text begin County and upon compliance by the county with Minnesota Statutes, section 645.021,
new text end
138.25new text begin subdivision 3.new text end
138.26 Sec. 25. new text begin CITY OF WAYZATA; TIF DISTRICT 3; WIDSTEN.new text end
138.27new text begin (a) The requirements of Minnesota Statutes, section 469.1763, subdivision 3, that
new text end
138.28new text begin activities must be undertaken within a five-year period from the date of certification
of a new text end
138.29new text begin tax increment financing district, are considered to be met for Tax Increment Financing
new text end
138.30new text begin District 3 (Widsten) in the city of Wayzata if the revenues derived from tax increments
from new text end
138.31new text begin the district are expended for any project contemplated by the original tax increment
financing new text end
138.32new text begin plan for the district, including, without limitation, a municipal parking ramp within
the new text end
138.33new text begin district.new text end
139.1new text begin (b) The requirements of Minnesota Statutes, section 469.1763, subdivision 4, do not
new text end
139.2new text begin apply to the district if the revenues derived from tax increment from the district
are expended new text end
139.3new text begin for any project contemplated by the original tax increment financing plan for the
district, new text end
139.4new text begin including, without limitation, a municipal parking ramp within the district.new text end
139.5new text begin EFFECTIVE DATE.new text end new text begin This section is effective upon compliance by the chief clerical new text end
139.6new text begin officer of the governing body of the city of Wayzata with the requirements of Minnesota
new text end
139.7new text begin Statutes, section 645.021, subdivisions 2 and 3.new text end
139.8ARTICLE 6
139.9LOCAL OPTION SALES AND USE TAXES
139.10 Section 1. new text begin [471.9998] MERCHANT BAGS; PROHIBITION ON FEE OR TAX.new text end
139.11new text begin Notwithstanding any other provision of law, no political subdivision may impose or
new text end
139.12new text begin require the imposition of any fee or tax, other than a local sales tax subject to
section new text end
139.13new text begin 297A.99, upon the use of paper, plastic, or reusable bags for packaging of any item
or good new text end
139.14new text begin purchased from a merchant, itinerant vendor, or peddler.new text end
139.15new text begin EFFECTIVE DATE.new text end new text begin This section is effective May 31, 2017. Ordinances existing on new text end
139.16new text begin the effective date of this section that would be prohibited under this section are
invalid as new text end
139.17new text begin of the effective date of this section.new text end
139.18 Sec. 2. Laws 1980, chapter 511, section 1, subdivision 2, as amended by Laws 1991,
139.19chapter 291, article 8, section 22, Laws 1998, chapter 389, article 8, section 25,
Laws 2003,
139.20First Special Session chapter 21, article 8, section 11, Laws 2008, chapter 154, article
5,
139.21section 2, and Laws 2014, chapter 308, article 3, section 21, is amended to read:
139.22 Subd. 2. (a) Notwithstanding Minnesota Statutes, section
477A.016, or any other law,
139.23ordinance, or city charter provision to the contrary, the city of Duluth may, by ordinance,
139.24impose an additional sales tax of up to one and three-quarter percent on sales transactions
139.25which are described in Minnesota Statutes 2000, section 297A.01, subdivision 3, clause
(c).
139.26The imposition of this tax shall not be subject to voter referendum under either state
law or
139.27city charter provisions. When the city council determines that the taxes imposed under
this
139.28paragraph at a rate of three-quarters of one percent and other sources of revenue
produce
139.29revenue sufficient to pay debt service on bonds in the principal amount of $40,285,000
plus
139.30issuance and discount costs, issued for capital improvements at the Duluth Entertainment
139.31and Convention Center, which include a new arena, the rate of tax under this subdivision
139.32must be reduced by three-quarters of one percent.
140.1(b) In addition to the tax in paragraph (a) and notwithstanding Minnesota Statutes,
section
140.2477A.016
, or any other law, ordinance, or city charter provision to the contrary, the city
of
140.3Duluth may, by ordinance, impose an additional sales tax of up to one-half of one
percent
140.4on sales transactions which are described in Minnesota Statutes 2000, section 297A.01,
140.5subdivision 3, clause (c). This tax expires when the city council determines that
the tax
140.6imposed under this paragraph, along with the tax imposed under section 22, paragraph
(b),
140.7has produced revenues sufficient to pay the debt service on bonds in a principal amount
of
140.8no more than $18,000,000, plus issuance and discount costs, to finance capital improvements
140.9to public facilities to support tourism and recreational activities in that portion
of the city
140.10west of 34thnew text begin 14thnew text end Avenue West new text begin and the area south of and including Skyline Parkwaynew text end .
140.11(c) The city of Duluth may sell and issue up to $18,000,000 in general obligation
bonds
140.12under Minnesota Statutes, chapter 475, plus an additional amount to pay for the costs
of
140.13issuance and any premiums. The proceeds may be used to finance capital improvements
to
140.14public facilities that support tourism and recreational activities in the portion
of the city
140.15west of 34thnew text begin 14thnew text end Avenue West new text begin and the area south of and including Skyline Parkwaynew text end , as
140.16described in paragraph (b). The issuance of the bonds is subject to the provisions
of
140.17Minnesota Statutes, chapter 475, except no election shall be required unless required
by the
140.18city charter. The bonds shall not be included in computing net debt. The revenues
from the
140.19taxes that the city of Duluth may impose under paragraph (b) and under section 22,
paragraph
140.20(b), may be pledged to pay principal of and interest on such bonds.
140.21new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after the governing body of the new text end
140.22new text begin city of Duluth and its chief clerical officer comply with Minnesota Statutes, section
645.021, new text end
140.23new text begin subdivisions 2 and 3.new text end
140.24 Sec. 3. Laws 1980, chapter 511, section 2, as amended by Laws 1998, chapter 389, article
140.258, section 26, Laws 2003, First Special Session chapter 21, article 8, section 12,
and Laws
140.262014, chapter 308, article 3, section 22, is amended to read:
140.27 Sec. 22. CITY OF DULUTH; TAX ON RECEIPTS BY HOTELS AND MOTELS.
140.28 (a) Notwithstanding Minnesota Statutes, section
477A.016, or any other law, or ordinance,
140.29or city charter provision to the contrary, the city of Duluth may, by ordinance, impose
an
140.30additional tax of one percent upon the gross receipts from the sale of lodging for
periods of
140.31less than 30 days in hotels and motels located in the city. The tax shall be collected
in the
140.32same manner as the tax set forth in the Duluth city charter, section 54(d), paragraph
one.
140.33The imposition of this tax shall not be subject to voter referendum under either state
law or
140.34city charter provisions.
141.1(b) In addition to the tax in paragraph (a) and notwithstanding Minnesota Statutes,
section
141.2477A.016
, or any other law, ordinance, or city charter provision to the contrary, the city
of
141.3Duluth may, by ordinance, impose an additional sales tax of up to one-half of one
percent
141.4on the gross receipts from the sale of lodging for periods of less than 30 days in
hotels and
141.5motels located in the city. This tax expires when the city council first determines
that the
141.6tax imposed under this paragraph, along with the tax imposed under section 21, paragraph
141.7(b), has produced revenues sufficient to pay the debt service on bonds in a principal
amount
141.8of no more than $18,000,000, plus issuance and discount costs, to finance capital
141.9improvements to public facilities to support tourism and recreational activities in
that portion
141.10of the city west of 34thnew text begin 14thnew text end Avenue West new text begin and the area south of and including Skyline new text end
141.11new text begin Parkwaynew text end .
141.12new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after the governing body of the new text end
141.13new text begin city of Duluth and its chief clerical officer comply with Minnesota Statutes, section
645.021, new text end
141.14new text begin subdivisions 2 and 3.new text end
141.15 Sec. 4. Laws 1991, chapter 291, article 8, section 27, subdivision 3, as amended by Laws
141.161998, chapter 389, article 8, section 28, Laws 2008, chapter 366, article 7, section
9, and
141.17Laws 2009, chapter 88, article 4, section 14, is amended to read:
141.18 Subd. 3. Use of revenues. new text begin (a) new text end Revenues received from taxes authorized by subdivisions
141.191 and 2 shall be used by the city to pay the cost of collecting the tax and to pay
all or a
141.20portion of the expenses of constructing and improving facilities as part of an urban
141.21revitalization project in downtown Mankato known as Riverfront 2000. Authorized expenses
141.22include, but are not limited to, acquiring property and paying relocation expenses
related
141.23to the development of Riverfront 2000 and related facilities, and securing or paying
debt
141.24service on bonds or other obligations issued to finance the construction of Riverfront
2000
141.25and related facilities. For purposes of this section, "Riverfront 2000 and related
facilities"
141.26means a civic-convention center, an arena, a riverfront park, a technology center
and related
141.27educational facilities, and all publicly owned real or personal property that the
governing
141.28body of the city determines will be necessary to facilitate the use of these facilities,
including
141.29but not limited to parking, skyways, pedestrian bridges, lighting, and landscaping.
It also
141.30includes the performing arts theatre and the Southern Minnesota Women's Hockey Exposition
141.31Center, for use by Minnesota State University, Mankato.
141.32 new text begin (b) Notwithstanding Minnesota Statutes, section 297A.99, subdivision 3, and as approved
new text end
141.33new text begin by voters at the November 8, 2016, general election, the city may by ordinance also
use new text end
141.34new text begin revenues from taxes authorized under subdivisions 1 and 2, up to a maximum of $47,000,000,
new text end
142.1new text begin plus associated bond costs, to pay all or a portion of the expenses of the following
capital new text end
142.2new text begin projects:new text end
142.3 new text begin (1) construction and improvements to regional recreational facilities including existing
new text end
142.4new text begin hockey and curling rinks, a baseball park, youth athletic fields and facilities, the
municipal new text end
142.5new text begin swimming pool including improvements to make the pool compliant with the Americans
new text end
142.6new text begin with Disabilities Act, and indoor regional athletic facilities;new text end
new text begin new text end 142.7 new text begin (2) improvements to flood control and the levee system;new text end
142.8new text begin (3) water quality improvement projects in Blue Earth and Nicollet Counties;new text end
new text begin new text end 142.9new text begin (4) expansion of the regional transit building and related multimodal transit new text end
142.10new text begin improvements;new text end
142.11new text begin (5) regional public safety and emergency communications improvements and equipment;
new text end
142.12new text begin andnew text end
142.13new text begin (6) matching funds for improvements to publicly owned regional facilities including
a new text end
142.14new text begin historic museum, supportive housing, and a senior center.new text end
142.15new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after the governing body of the new text end
142.16new text begin city of Mankato and its chief clerical officer comply with Minnesota Statutes, section
new text end
142.17new text begin 645.021, subdivisions 2 and 3.new text end
142.18 Sec. 5. Laws 1991, chapter 291, article 8, section 27, subdivision 4, as amended by Laws
142.192005, First Special Session chapter 3, article 5, section 25, and Laws 2008, chapter
366,
142.20article 7, section 10, is amended to read:
142.21 Subd. 4. Expiration of taxing authority and expenditure limitation. The authority
142.22granted by subdivisions 1 and 2 to the city to impose a sales tax and an excise tax
shall
142.23expire onnew text begin at the earlier of when revenues are sufficient to pay off the bonds, including new text end
142.24new text begin interest and all other associated bond costs authorized under subdivision 5, or new text end December
142.2531, 2022new text begin 2038new text end .
142.26new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment without new text end
142.27new text begin local approval pursuant to Minnesota Statutes, section 645.023, subdivision 1.new text end
142.28 Sec. 6. Laws 1991, chapter 291, article 8, section 27, subdivision 5, is amended to read:
142.29 Subd. 5. Bonds. new text begin (a) new text end The city of Mankato may issue general obligation bonds of the city
142.30in an amount not to exceed $25,000,000 for Riverfront 2000 and related facilities,
without
142.31election under Minnesota Statutes, chapter 475, on the question of issuance of the
bonds or
143.1a tax to pay them. The debt represented by bonds issued for Riverfront 2000 and related
143.2facilities shall not be included in computing any debt limitations applicable to the
city of
143.3Mankato, and the levy of taxes required by section
475.61 to pay principal of and interest
143.4on the bonds shall not be subject to any levy limitation or be included in computing
or
143.5applying any levy limitation applicable to the city.
143.6 new text begin (b) The city of Mankato may issue general obligation bonds of the city in an amount
not new text end
143.7new text begin to exceed $47,000,000 for the projects listed under subdivision 3, paragraph (b),
without new text end
143.8new text begin election under Minnesota Statutes, chapter 475, on the question of issuance of the
bonds or new text end
143.9new text begin a tax to pay them. The debt represented by bonds under this paragraph shall not be
included new text end
143.10new text begin in computing any debt limitations applicable to the city of Mankato, and the levy
of taxes new text end
143.11new text begin required by Minnesota Statutes, section new text end
new text begin 475.61,new text end new text begin to pay principal of and interest on the bonds, new text end
143.12new text begin and shall not be subject to any levy limitation or be included in computing or applying
any new text end
143.13new text begin levy limitation applicable to the city. The city may use tax revenue in excess of
one year's new text end
143.14new text begin principal interest reserve for intended annual bond payments to pay all or a portion
of the new text end
143.15new text begin cost of capital improvements authorized in subdivision 3.new text end
143.16new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment without new text end
143.17new text begin local approval pursuant to Minnesota Statutes, section 645.023, subdivision 1.new text end
143.18 Sec. 7. Laws 1996, chapter 471, article 2, section 29, subdivision 1, as amended by Laws
143.192006, chapter 259, article 3, section 3, and Laws 2011, First Special Session chapter
7,
143.20article 4, section 4, is amended to read:
143.21 Subdivision 1. Sales tax authorized. (a) Notwithstanding Minnesota Statutes, section
143.22477A.016, or any other contrary provision of law, ordinance, or city charter, the
city of
143.23Hermantown may, by ordinance, impose an additional sales tax of up to one percent
on
143.24sales transactions taxable pursuant to Minnesota Statutes, chapter 297A, that occur
within
143.25the city. The proceeds of the tax imposed under this section must be used to meet
the costs
143.26of:
143.27 (1) extending a sewer interceptor line;
143.28 (2) construction of a booster pump station, reservoirs, and related improvements to
the
143.29water system; and
143.30 (3) construction of a building containing a police and fire station and an administrative
143.31services facility.
144.1(b) If the city imposed a sales tax of only one-half of one percent under paragraph
(a),
144.2it may increase the tax to one percent to fund the purposes under paragraph (a) provided
it
144.3is approved by the voters at a general election held before December 31, 2012.
144.4new text begin (c) As approved by the voters at the November 8, 2016, general election, the proceeds
new text end
144.5new text begin under this section may also be used to meet the costs of debt service payments for
new text end
144.6new text begin construction of the Hermantown Wellness Center.new text end
144.7new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after the governing body of the new text end
144.8new text begin city of Hermantown and its chief clerical officer comply with Minnesota Statutes,
section new text end
144.9new text begin 645.021, subdivisions 2 and 3.new text end
144.10 Sec. 8. Laws 1996, chapter 471, article 2, section 29, subdivision 4, as amended by Laws
144.112006, chapter 259, article 3, section 4, is amended to read:
144.12 Subd. 4. Termination. The tax authorized under this section terminates on March 31,
144.132026new text begin at the earlier of (1) December 31, 2036, or (2) when the Hermantown City Council
new text end
144.14new text begin first determines that sufficient funds have been received from the tax to fund the
costs, new text end
144.15new text begin including bonds and associated bond costs for the uses specified in subdivision 1new text end . Any funds
144.16remaining after completion of the improvements and retirement or redemption of the
bonds
144.17may be placed in the general fund of the city.
144.18new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment without new text end
144.19new text begin local approval pursuant to Minnesota Statutes, section 645.023, subdivision 1.new text end
144.20 Sec. 9. Laws 1999, chapter 243, article 4, section 17, subdivision 3, is amended to read:
144.21 Subd. 3. Use of revenues. new text begin (a) new text end Revenues received from taxes authorized by subdivisions
144.221 and 2 must be used by the city to pay the cost of collecting the taxes and to pay
for
144.23construction and improvement of a civic and community center and recreational facilities
144.24to serve all ages, including seniors and youth. Authorized expenses include, but are
not
144.25limited to, acquiring property, paying construction and operating expenses related
to the
144.26development of an authorized facility, funding facilities replacement reserves, and
paying
144.27debt service on bonds or other obligations issued to finance the construction or expansion
144.28of an authorized facility. The capital expenses for all projects authorized under
this
144.29subdivision that may be paid with these taxes are limited to $9,000,000, plus an amount
144.30equal to the costs related to issuance of the bonds and funding facilities replacement
reserves.
144.31 new text begin (b) Notwithstanding Minnesota Statutes, section 297A.99, subdivision 3, and as approved
new text end
144.32new text begin by the voters at the November 8, 2016, general election, the city of New Ulm may by
new text end
145.1new text begin ordinance also use revenues from taxes authorized under subdivisions 1 and 2, up to
a new text end
145.2new text begin maximum of $14,800,000, plus associated bond costs, to pay all or a portion of the
expenses new text end
145.3new text begin of the following capital projects:new text end
145.4 new text begin (1) constructing an indoor water park and making safety improvements to the existing
new text end
145.5new text begin recreational center pool;new text end
145.6 new text begin (2) constructing an indoor playground, a wellness center, and a gymnastics facility;new text end
145.7 new text begin (3) constructing a winter multipurpose dome;new text end
145.8 new text begin (4) making improvements to Johnson Park Grandstand; andnew text end
145.9 new text begin (5) making improvements to the entrance road and parking at Hermann Heights Park.new text end
145.10new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after the governing body of the new text end
145.11new text begin city of New Ulm and its chief clerical officer comply with Minnesota Statutes, section
new text end
145.12new text begin 645.021, subdivisions 2 and 3.new text end
145.13 Sec. 10. Laws 1999, chapter 243, article 4, section 17, is amended by adding a subdivision
145.14to read:
145.15 new text begin Subd. 4a.new text end new text begin Bonding authority; additional use and extension of tax.new text end new text begin As approved by new text end
145.16new text begin the voters at the November 8, 2016, general election, and in addition to the bonds
issued new text end
145.17new text begin under subdivision 4, the city of New Ulm may issue general obligation bonds of the
city in new text end
145.18new text begin an amount not to exceed $14,800,000 for the projects listed in subdivision 3, paragraph
(b). new text end
145.19new text begin The debt represented by bonds under this subdivision shall not be included in computing
new text end
145.20new text begin any debt limitations applicable to the city of New Ulm, and the levy of taxes required
by new text end
145.21new text begin Minnesota Statutes, section 475.61, to pay principal of and interest on the bonds,
and shall new text end
145.22new text begin not be subject to any levy limitation or be included in computing or applying any
levy new text end
145.23new text begin limitation applicable to the city.new text end
145.24new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after the governing body of the new text end
145.25new text begin city of New Ulm and its chief clerical officer comply with Minnesota Statutes, section
new text end
145.26new text begin 645.021, subdivisions 2 and 3.new text end
145.27 Sec. 11. Laws 1999, chapter 243, article 4, section 17, subdivision 5, is amended to read:
145.28 Subd. 5. Termination of taxes. The taxes imposed under subdivisions 1 and 2 expire
145.29when the city council determines that sufficient funds have been received from the
taxes to
145.30finance the capital and administrative costs for the acquisition, construction, and
improvement
145.31of facilities described in subdivision 3new text begin , including the additional use of revenues under new text end
146.1new text begin subdivision 3, paragraph (b), as approved by the voters at the November 8, 2016, general
new text end
146.2new text begin electionnew text end , and to prepay or retire at maturity the principal, interest, and premium due on
any
146.3bonds issued for the facilities under subdivision 4new text begin subdivisions 4 and 4anew text end . Any funds remaining
146.4after completion of the project and retirement or redemption of the bonds may be placed
in
146.5the general fund of the city. The taxes imposed under subdivisions 1 and 2 may expire
at
146.6an earlier time if the city so determines by ordinance.
146.7new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after the governing body of the new text end
146.8new text begin city of New Ulm and its chief clerical officer comply with Minnesota Statutes, section
new text end
146.9new text begin 645.021, subdivisions 2 and 3.new text end
146.10 Sec. 12. Laws 1999, chapter 243, article 4, section 18, subdivision 1, as amended by Laws
146.112008, chapter 366, article 7, section 12, is amended to read:
146.12 Subdivision 1. Sales and use tax. new text begin (a) new text end Notwithstanding Minnesota Statutes, section
146.13477A.016
, or any other provision of law, ordinance, or city charter, if approved by the city
146.14voters at the first municipal general election held after the date of final enactment
of this
146.15act or at a special election held November 2, 1999, the city of Proctor may impose
by
146.16ordinance a sales and use tax of up to one-half of one percent for the purposes specified
in
146.17subdivision 3. The provisions of Minnesota Statutes, section
297A.99, govern the imposition,
146.18administration, collection, and enforcement of the tax authorized under this subdivision.
146.19new text begin (b) Notwithstanding Minnesota Statutes, section 477A.016, or any other provision of
new text end
146.20new text begin law, ordinance, or city charter, the city of Proctor may impose by ordinance an additional
new text end
146.21new text begin sales and use tax of up to one-half of one percent if approved by the voters at the
first general new text end
146.22new text begin election held after the date of final enactment of this act. The revenues received
from the new text end
146.23new text begin additional tax must be used for the purposes specified in subdivision 3, paragraph
(b).new text end
146.24new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after the governing body of the new text end
146.25new text begin city of Proctor and its chief clerical officer comply with Minnesota Statutes, section
645.021, new text end
146.26new text begin subdivisions 2 and 3.new text end
146.27 Sec. 13. Laws 2005, First Special Session chapter 3, article 5, section 38, subdivision 2,
146.28as amended by Laws 2006, chapter 259, article 3, section 6, is amended to read:
146.29 Subd. 2. Use of revenues. The proceeds of the tax imposed under this section shall be
146.30used to pay for lakenew text begin water qualitynew text end improvement projects as detailed in the Shell Rock River
146.31watershed plan and as directed by the Shell Rock River Watershed Board. Notwithstanding
146.32any provision of statute, other law, or city charter to the contrary, the city shall
transfer all
146.33revenues from the tax imposed under subdivision 1, as soon as they are received, to
the
147.1Shell Rock River Watershed District. The city is not required to review the intended uses
147.2of the revenues by the watershed district, nor is the watershed district required
to submit to
147.3the city proposed budgets, statements, or invoices explaining the intended uses of
the
147.4revenues as a prerequisite for the transfer of the revenues.new text begin The Shell Rock River Watershed new text end
147.5new text begin District shall appear before the city of Albert Lea City Council on a biannual basis
to present new text end
147.6new text begin a report of its activities, expenditures, and intended uses of the city sales tax
revenue.new text end
147.7new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after the governing body of the new text end
147.8new text begin city of Albert Lea and its chief clerical officer comply with Minnesota Statutes,
section new text end
147.9new text begin 645.021, subdivisions 2 and 3.new text end
147.10 Sec. 14. Laws 2005, First Special Session chapter 3, article 5, section 38, subdivision 4,
147.11as amended by Laws 2014, chapter 308, article 3, section 23, is amended to read:
147.12 Subd. 4. Termination of taxes. The taxes imposed under this section expire at the earlier
147.13of (1) 15new text begin 30new text end years after the taxes are first imposed, or (2) when the city council first
147.14determines that the amount of revenues raised to pay for the projects under subdivision
2,
147.15shall meet or exceed the sum of $15,000,000new text begin $30,000,000new text end . Any funds remaining after
147.16completion of the projects may be placed in the general fund of the city.
147.17new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after the governing body of the new text end
147.18new text begin city of Albert Lea and its chief clerical officer comply with Minnesota Statutes,
section new text end
147.19new text begin 645.021, subdivisions 2 and 3.new text end
147.20 Sec. 15. Laws 2008, chapter 366, article 7, section 20, is amended to read:
147.21 Sec. 20. CITY OF NORTH MANKATO; TAXES AUTHORIZED.
147.22 Subdivision 1. Sales and use tax authorized. Notwithstanding Minnesota Statutes,
147.23section
477A.016, or any other provision of law, ordinance, or city charter, pursuant to the
147.24approval of the voters on November 7, 2006, the city of North Mankato may impose by
147.25ordinance a sales and use tax of one-half of one percent for the purposes specified
in
147.26subdivision 2. The provisions of Minnesota Statutes, section
297A.99, govern the imposition,
147.27administration, collection, and enforcement of the taxes authorized under this subdivision.
147.28 Subd. 2. Use of revenues. Revenues received from the tax authorized by subdivision 1
147.29must be used to pay all or part of the capital costs of the following projects:
147.30 (1) the local share of the Trunk Highway 14/County State-Aid Highway 41 interchange
147.31project;
148.1 (2) development of regional parks and hiking and biking trailsnew text begin , including construction new text end
148.2new text begin of indoor regional athletic facilitiesnew text end ;
148.3 (3) expansion of the North Mankato Taylor Library;
148.4 (4) riverfront redevelopment; and
148.5 (5) lake improvement projects.
148.6 The total amount of revenues from the tax in subdivision 1 that may be used to fund
148.7these projects is $6,000,000new text begin $15,000,000new text end plus any associated bond costs.
148.8 new text begin Subd. 2a.new text end new text begin Authorization to extend the tax.new text end new text begin Notwithstanding Minnesota Statutes, section new text end
148.9new text begin 297A.99, subdivision 3, the North Mankato city council may, by resolution, extend
the tax new text end
148.10new text begin authorized under subdivision 1 to cover an additional $9,000,000 in bonds, plus associated
new text end
148.11new text begin bond costs, to fund the projects in subdivision 2 as approved by the voters at the
November new text end
148.12new text begin 8, 2016, general election.new text end
148.13 Subd. 3. Bonds. (a) The city of North Mankato, pursuant to the approval of the voters
148.14at the November 7, 2006 referendum authorizing the imposition of the taxes in this
section,
148.15may issue bonds under Minnesota Statutes, chapter 475, to pay capital and administrative
148.16expenses for the projects described in subdivision 2, in an amount that does not exceed
148.17$6,000,000. A separate election to approve the bonds under Minnesota Statutes, section
148.18475.58
, is not required.
148.19new text begin (b) The city of North Mankato, pursuant to approval of the voters at the November
8, new text end
148.20new text begin 2016, referendum extending the tax fee to provide additional revenue to be spent for
the new text end
148.21new text begin projects in subdivision 2, may issue additional bonds under Minnesota Statutes, chapter
new text end
148.22new text begin 475, to pay capital and administrative expenses for those projects in an amount that
does new text end
148.23new text begin not exceed $9,000,000. A separate election to approve the bonds under Minnesota Statutes,
new text end
148.24new text begin section new text end
new text begin , is not required.new text end
148.25 (b)new text begin (c)new text end The debt represented by the bonds is not included in computing any debt limitation
148.26applicable to the city, and any levy of taxes under Minnesota Statutes, section
475.61, to
148.27pay principal and interest on the bonds is not subject to any levy limitation.
148.28 Subd. 4. Termination of taxes. The tax imposed under subdivision 1 expires when the
148.29city council determines that the amount of revenues received from the taxes to pay
for the
148.30projects under subdivision 2 first equals or exceeds $6,000,000 plus the additional
amount
148.31needed to pay the costs related to issuance of bonds under subdivision 3, including
interest
148.32on the bondsnew text begin at the earlier of December 31, 2038, or when revenues from the taxes first new text end
148.33new text begin equal or exceed $15,000,000 plus the additional amount needed to pay costs related
to new text end
149.1new text begin issuance of bonds under subdivision 3, including interestnew text end . Any funds remaining after
149.2completion of the projects and retirement or redemption of the bonds shall be placed
in a
149.3capital facilities and equipment replacement fund of the city. The tax imposed under
149.4subdivision 1 may expire at an earlier time if the city so determines by ordinance.
149.5new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after the governing body of the new text end
149.6new text begin city of North Mankato and its chief clerical officer comply with Minnesota Statutes,
section new text end
149.7new text begin 645.021, subdivisions 2 and 3.new text end
149.8 Sec. 16. new text begin CITY OF EAST GRAND FORKS; TAXES AUTHORIZED.new text end
149.9 new text begin Subdivision 1.new text end new text begin Sales and use tax authorization.new text end new text begin Notwithstanding Minnesota Statutes, new text end
149.10new text begin section 297A.99, subdivisions 1 and 2, or 477A.016, or any other law, ordinance, or
city new text end
149.11new text begin charter, and as approved by the voters at a special election on March 7, 2016, the
city of new text end
149.12new text begin East Grand Forks may impose, by ordinance, a sales and use tax of up to one percent
for new text end
149.13new text begin the purposes specified in subdivision 2. Except as otherwise provided in this section,
the new text end
149.14new text begin provisions of Minnesota Statutes, section 297A.99, govern the imposition, administration,
new text end
149.15new text begin collection, and enforcement of the tax authorized under this subdivision.new text end
149.16 new text begin Subd. 2.new text end new text begin Use of sales and use tax revenues.new text end new text begin The revenues derived from the tax authorized new text end
149.17new text begin under subdivision 1 must be used by the city of East Grand Forks to pay the costs
of new text end
149.18new text begin collecting and administering the tax and to finance the capital and administrative
costs of new text end
149.19new text begin improvement to the city public swimming pool. Authorized expenses include, but are
not new text end
149.20new text begin limited to, paying construction expenses related to the renovation and the development
of new text end
149.21new text begin these facilities and improvements, and securing and paying debt service on bonds issued
new text end
149.22new text begin under subdivision 3 or other obligations issued to finance improvement of the public
new text end
149.23new text begin swimming pool in the city of East Grand Forksnew text end
149.24 new text begin Subd. 3.new text end new text begin Bonding authority.new text end new text begin (a) The city of East Grand Forks may issue bonds under new text end
149.25new text begin Minnesota Statutes, chapter 475, to finance all or a portion of the costs of the facilities
new text end
149.26new text begin authorized in subdivision 2. The aggregate principal amount of bonds issued under
this new text end
149.27new text begin subdivision may not exceed $2,820,000, plus an amount to be applied to the payment
of new text end
149.28new text begin the costs of issuing the bonds. The bonds may be paid from or secured by any funds
available new text end
149.29new text begin to the city of East Grand Forks, including the tax authorized under subdivision 1.
The new text end
149.30new text begin issuance of bonds under this subdivision is not subject to Minnesota Statutes, sections
275.60 new text end
149.31new text begin and 275.61.new text end
149.32new text begin (b) The bonds are not included in computing any debt limitation applicable to the
city new text end
149.33new text begin of East Grand Forks, and any levy of taxes under Minnesota Statutes, section 475.61,
to new text end
150.1new text begin pay principal and interest on the bonds is not subject to any levy limitation. A separate
new text end
150.2new text begin election to approve the bonds under Minnesota Statutes, section 475.58, is not required.new text end
150.3 new text begin Subd. 4.new text end new text begin Termination of taxes.new text end new text begin The tax imposed under subdivision 1 expires at the later new text end
150.4new text begin of: (1) five years after the tax is first imposed; or (2) when the city council determines
that new text end
150.5new text begin $2,820,000 has been received from the tax to pay for the cost of the projects authorized
new text end
150.6new text begin under subdivision 2, plus an amount sufficient to pay the costs related to issuance
of the new text end
150.7new text begin bonds authorized under subdivision 3, including interest on the bonds. Any funds remaining
new text end
150.8new text begin after payment of all such costs and retirement or redemption of the bonds shall be
placed new text end
150.9new text begin in the general fund of the city. The tax imposed under subdivision 1 may expire at
an earlier new text end
150.10new text begin time if the city so determines by ordinance.new text end
150.11new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after the governing body of the new text end
150.12new text begin city of East Grand Forks and its chief clerical officer comply with Minnesota Statutes,
new text end
150.13new text begin section 645.021, subdivisions 2 and 3.new text end
150.14 Sec. 17. new text begin CITY OF FAIRMONT; LOCAL TAX AUTHORIZED.new text end
150.15 new text begin Subdivision 1.new text end new text begin Sales and use tax authorization.new text end new text begin Notwithstanding Minnesota Statutes, new text end
150.16new text begin section 297A.99, subdivisions 1 and 2, or 477A.016, or any other law, ordinance, or
city new text end
150.17new text begin charter, and as approved by the voters at the general election of November 8, 2016,
the city new text end
150.18new text begin of Fairmont may impose, by ordinance, a sales and use tax of one-half of one percent
for new text end
150.19new text begin the purposes specified in subdivision 2. Except as otherwise provided in this section,
the new text end
150.20new text begin provisions of Minnesota Statutes, section 297A.99, govern the imposition, administration,
new text end
150.21new text begin collection, and enforcement of the tax authorized under this subdivision.new text end
150.22 new text begin Subd. 2.new text end new text begin Use of sales and use tax revenues.new text end new text begin The revenues derived from the tax authorized new text end
150.23new text begin under subdivision 1 must be used by the city of Fairmont to pay the costs of collecting
and new text end
150.24new text begin administering the tax and to finance the capital and administrative costs of constructing
and new text end
150.25new text begin funding recreational amenities, trails, and a community center. The total that may
be raised new text end
150.26new text begin from the tax to pay for these projects is limited to $15,000,000, plus the costs related
to the new text end
150.27new text begin issuance and paying debt service on bonds for these projects.new text end
150.28 new text begin Subd. 3.new text end new text begin Bonding authority.new text end new text begin (a) The city of Fairmont may issue bonds under Minnesota new text end
150.29new text begin Statutes, chapter 475, to finance all or a portion of the costs of the facilities
authorized in new text end
150.30new text begin subdivision 2. The aggregate principal amount of bonds issued under this subdivision
may new text end
150.31new text begin not exceed $15,000,000, plus an amount to be applied to the payment of the costs of
issuing new text end
150.32new text begin the bonds. The bonds may be paid from or secured by any funds available to the city
of new text end
150.33new text begin Fairmont, including the tax authorized under subdivision 1. The issuance of bonds
under new text end
150.34new text begin this subdivision is not subject to Minnesota Statutes, sections 275.60 and 275.61.new text end
151.1new text begin (b) The bonds are not included in computing any debt limitation applicable to the
city new text end
151.2new text begin of Fairmont, and any levy of taxes under Minnesota Statutes, section 475.61, to pay
principal new text end
151.3new text begin and interest on the bonds is not subject to any levy limitation. A separate election
to approve new text end
151.4new text begin the bonds under Minnesota Statutes, section 475.58, is not required.new text end
151.5 new text begin Subd. 4.new text end new text begin Termination of taxes.new text end new text begin The tax imposed under subdivision 1 expires at the new text end
151.6new text begin earlier of: (1) 25 years after the tax is first imposed; or (2) when the city council
determines new text end
151.7new text begin that $15,000,000, plus an amount sufficient to pay the costs related to issuing the
bonds new text end
151.8new text begin authorized under subdivision 3, including interest on the bonds, has been received
from the new text end
151.9new text begin tax to pay for the cost of the projects authorized under subdivision 2. Any funds
remaining new text end
151.10new text begin after payment of all such costs and retirement or redemption of the bonds shall be
placed new text end
151.11new text begin in the general fund of the city. The tax imposed under subdivision 1 may expire at
an earlier new text end
151.12new text begin time if the city so determines by ordinance.new text end
151.13new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after the governing body of the new text end
151.14new text begin city of Fairmont and its chief clerical officer comply with Minnesota Statutes, section
new text end
151.15new text begin 645.021, subdivisions 2 and 3.new text end
151.16 Sec. 18. new text begin CITY OF FERGUS FALLS; TAXES AUTHORIZED.new text end
151.17 new text begin Subdivision 1.new text end new text begin Sales and use tax authorized.new text end new text begin Notwithstanding Minnesota Statutes, new text end
151.18new text begin section 297A.99, subdivision 1, section 477A.016, or any other law, ordinance, or
city new text end
151.19new text begin charter, and as approved by the voters at the November 8, 2016, general election,
the city new text end
151.20new text begin of Fergus Falls may impose, by ordinance, a sales and use tax of up to one-half of
one new text end
151.21new text begin percent for the purposes specified in subdivision 2. Except as otherwise provided
in this new text end
151.22new text begin section, the provisions of Minnesota Statutes, section 297A.99, govern the imposition,
new text end
151.23new text begin administration, collection, and enforcement of the tax authorized under this subdivision.new text end
151.24 new text begin Subd. 2.new text end new text begin Use of sales and use tax revenues.new text end new text begin The revenues from the tax authorized under new text end
151.25new text begin subdivision 1 must be used by the city of Fergus Falls to pay the costs of collecting
and new text end
151.26new text begin administering the tax and securing and paying debt service on bonds issued to finance
all new text end
151.27new text begin or part of the costs of the expansion and betterment of the Fergus Falls Public Library
located new text end
151.28new text begin at 205 East Hampden Avenue in the city of Fergus Falls.new text end
151.29 new text begin Subd. 3.new text end new text begin Bonding authority.new text end new text begin (a) The city of Fergus Falls may issue bonds under new text end
151.30new text begin Minnesota Statutes, chapter 475, to finance all or a portion of the costs of the project
new text end
151.31new text begin authorized in subdivision 2. The aggregate principal amount of bonds issued under
this new text end
151.32new text begin subdivision may not exceed $9,800,000, plus an amount applied to the payment of costs
of new text end
151.33new text begin issuing the bonds. The bonds may be paid from or secured by any funds available to
the new text end
152.1new text begin city of Fergus Falls, including the tax authorized under subdivision 1. The issuance
of bonds new text end
152.2new text begin under this subdivision is not subject to Minnesota Statutes, section 275.60 and 275.61.new text end
152.3new text begin (b) The bonds are not included in computing any debt limitation applicable to the
city, new text end
152.4new text begin and any levy of taxes under Minnesota Statutes, section 475.61, to pay principal of
and new text end
152.5new text begin interest on the bonds is not subject to any levy limitation. A separate election to
approve new text end
152.6new text begin the bonds under Minnesota Statutes, section 475.58, is not required.new text end
152.7 new text begin Subd. 4.new text end new text begin Termination of taxes.new text end new text begin The tax imposed under subdivision 1 expires at the new text end
152.8new text begin earlier of: (1) 12 years after the tax is first imposed, or (2) when the city council
determines new text end
152.9new text begin that $9,800,000 has been received from the tax to pay for the cost of the project
authorized new text end
152.10new text begin under subdivision 2, plus an amount sufficient to pay the costs related to the issuance
of the new text end
152.11new text begin bonds authorized under subdivision 3, including interest on the bonds. Any funds remaining
new text end
152.12new text begin after payment of all such costs and retirement or redemption of the bonds shall be
placed new text end
152.13new text begin in the general fund of the city. The tax imposed under subdivision 1 may expire at
any new text end
152.14new text begin earlier time if the city so determines by ordinance.new text end
152.15new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after the governing body of the new text end
152.16new text begin city of Fergus Falls and its chief clerical officer comply with Minnesota Statutes,
section new text end
152.17new text begin 645.021, subdivisions 2 and 3.new text end
152.18 Sec. 19. new text begin CITY OF MOOSE LAKE; TAXES AUTHORIZED.new text end
152.19 new text begin Subdivision 1.new text end new text begin Sales and use tax authorization.new text end new text begin Notwithstanding Minnesota Statutes, new text end
152.20new text begin section 297A.99, subdivision 1, or 477A.016, or any other law, ordinance, or city
charter, new text end
152.21new text begin as approved by the voters at the November 6, 2012, general election, the city of Moose
Lake new text end
152.22new text begin may impose, by ordinance, a sales and use tax of up to one-half of one percent for
the new text end
152.23new text begin purposes specified in subdivision 2. Except as otherwise provided in this section,
the new text end
152.24new text begin provisions of Minnesota Statutes, section 297A.99, govern the imposition, administration,
new text end
152.25new text begin collection, and enforcement of the tax authorized under this subdivision.new text end
152.26 new text begin Subd. 2.new text end new text begin Use of sales and use tax revenues.new text end new text begin The revenues derived from the tax authorized new text end
152.27new text begin under subdivision 1 must be used by the city of Moose Lake to pay the costs of collecting
new text end
152.28new text begin and administering the tax and to finance the costs of: (1) improvements to the city's
park new text end
152.29new text begin system; (2) street and related infrastructure improvements; and (3) municipal arena
new text end
152.30new text begin improvements. Authorized costs include construction and engineering costs and associated
new text end
152.31new text begin bond costs.new text end
152.32 new text begin Subd. 3.new text end new text begin Bonding authority.new text end new text begin The city of Moose Lake may issue bonds under Minnesota new text end
152.33new text begin Statutes, chapter 475, to finance all or a portion of the costs of the facilities
authorized in new text end
153.1new text begin subdivision 2. The aggregate principal amount of bonds issued under this subdivision
may new text end
153.2new text begin not exceed $3,000,000, plus an amount to be applied to the payment of the costs of
issuing new text end
153.3new text begin the bonds. The bonds may be paid from or secured by any funds available to the city
of new text end
153.4new text begin Moose Lake, including the tax authorized under subdivision 1. The issuance of bonds
under new text end
153.5new text begin this subdivision is not subject to Minnesota Statutes, sections 275.60 and 275.61.new text end
153.6new text begin The bonds are not included in computing any debt limitation applicable to the city
of new text end
153.7new text begin Moose Lake, and any levy of taxes under Minnesota Statutes, section 475.61, to pay
principal new text end
153.8new text begin and interest on the bonds is not subject to any levy limitation. A separate election
to approve new text end
153.9new text begin the bonds under Minnesota Statutes, section 475.58, is not required.new text end
153.10 new text begin Subd. 4.new text end new text begin Termination of taxes.new text end new text begin The tax imposed under subdivision 1 expires at the new text end
153.11new text begin earlier of: (1) 20 years after the tax is first imposed; or (2) when the city council
determines new text end
153.12new text begin that $3,000,000 has been received from the tax to pay for the cost of the projects
authorized new text end
153.13new text begin under subdivision 2, plus an amount sufficient to pay the costs related to issuance
of the new text end
153.14new text begin bonds authorized under subdivision 3, including interest on the bonds. Any funds remaining
new text end
153.15new text begin after payment of all such costs and retirement or redemption of the bonds shall be
placed new text end
153.16new text begin in the general fund of the city. The tax imposed under subdivision 1 may expire at
an earlier new text end
153.17new text begin time if the city so determines by ordinance.new text end
153.18new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after the governing body of the new text end
153.19new text begin city of Moose Lake and its chief clerical officer comply with Minnesota Statutes,
section new text end
153.20new text begin 645.021, subdivisions 2 and 3.new text end
153.21 Sec. 20. new text begin CITY OF NEW LONDON; TAX AUTHORIZED.new text end
153.22 new text begin Subdivision 1.new text end new text begin Sales and use tax authorization.new text end new text begin Notwithstanding Minnesota Statutes, new text end
153.23new text begin section 297A.99, subdivisions 1 and 2, or 477A.016, or any other law, ordinance, or
city new text end
153.24new text begin charter, and as approved by the voters at the general election of November 8, 2016,
the city new text end
153.25new text begin of New London may impose, by ordinance, a sales and use tax of one-half of one percent
new text end
153.26new text begin for the purposes specified in subdivision 2. Except as otherwise provided in this
section, new text end
153.27new text begin the provisions of Minnesota Statutes, section 297A.99, govern the imposition, administration,
new text end
153.28new text begin collection, and enforcement of the tax authorized under this subdivision.new text end
153.29 new text begin Subd. 2.new text end new text begin Use of sales and use tax revenues.new text end new text begin The revenues derived from the tax authorized new text end
153.30new text begin under subdivision 1 must be used by the city of New London to pay the costs of collecting
new text end
153.31new text begin and administering the tax and to finance the capital and administrative costs of the
following new text end
153.32new text begin projects:new text end
new text begin new text end 153.33new text begin (1) construction and equipping of a new library and community room;new text end
154.1new text begin (2) construction of an ambulance bay at the fire hall; andnew text end
154.2new text begin (3) improvements to the New London Senior Citizen Center.new text end
154.3new text begin The total that may be raised from the tax to pay for these projects is limited to
$872,000 new text end
154.4new text begin plus the costs related to the issuance and paying debt service on bonds for these
projects.new text end
154.5 new text begin Subd. 3.new text end new text begin Bonding authority.new text end new text begin (a) The city of New London may issue bonds under new text end
154.6new text begin Minnesota Statutes, chapter 475, to finance all or a portion of the costs of the facilities
new text end
154.7new text begin authorized in subdivision 2. The aggregate principal amount of bonds issued under
this new text end
154.8new text begin subdivision may not exceed $872,000, plus an amount to be applied to the payment of
the new text end
154.9new text begin costs of issuing the bonds. The bonds may be paid from or secured by any funds available
new text end
154.10new text begin to the city of New London, including the tax authorized under subdivision 1. The issuance
new text end
154.11new text begin of bonds under this subdivision is not subject to Minnesota Statutes, sections 275.60
and new text end
154.12new text begin 275.61.new text end
154.13new text begin (b) The bonds are not included in computing any debt limitation applicable to the
city new text end
154.14new text begin of New London, and any levy of taxes under Minnesota Statutes, section 475.61, to
pay new text end
154.15new text begin principal and interest on the bonds is not subject to any levy limitation. A separate
election new text end
154.16new text begin to approve the bonds under Minnesota Statutes, section 475.58, is not required.new text end
154.17 new text begin Subd. 4.new text end new text begin Termination of taxes.new text end new text begin The tax imposed under subdivision 1 expires at the new text end
154.18new text begin earlier of: (1) 20 years after the tax is first imposed; or (2) when the city council
determines new text end
154.19new text begin that $872,000, plus an amount sufficient to pay the costs related to issuing the bonds
new text end
154.20new text begin authorized under subdivision 3, including interest on the bonds, has been received
from the new text end
154.21new text begin tax to pay for the cost of the projects authorized under subdivision 2. Any funds
remaining new text end
154.22new text begin after payment of all such costs and retirement or redemption of the bonds shall be
placed new text end
154.23new text begin in the general fund of the city. The tax imposed under subdivision 1 may expire at
an earlier new text end
154.24new text begin time if the city so determines by ordinance.new text end
154.25new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after the governing body of the new text end
154.26new text begin city of New London and its chief clerical officer comply with Minnesota Statutes,
section new text end
154.27new text begin 645.021, subdivisions 2 and 3.new text end
154.28 Sec. 21. new text begin CITY OF SLEEPY EYE; LODGING TAX.new text end
154.29new text begin Notwithstanding Minnesota Statutes, section 477A.016, or any other provision of law,
new text end
154.30new text begin ordinance, or city charter, the city council for the city of Sleepy Eye may impose,
by new text end
154.31new text begin ordinance, a tax of up to two percent on the gross receipts subject to the lodging
tax under new text end
154.32new text begin Minnesota Statutes, section 469.190. This tax is in addition to any tax imposed under
new text end
154.33new text begin Minnesota Statutes, section 469.190, and the total tax imposed under that section
and this new text end
155.1new text begin provision must not exceed five percent. Revenue from the tax imposed under this section
new text end
155.2new text begin may only be used for the same purposes as a tax imposed under Minnesota Statutes,
section new text end
155.3new text begin 469.190.new text end
155.4new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after the governing body of the new text end
155.5new text begin city of Sleepy Eye and its chief clerical officer comply with Minnesota Statutes,
section new text end
155.6new text begin 645.021, subdivisions 2 and 3.new text end
155.7 Sec. 22. new text begin CITY OF SPICER; TAX AUTHORIZED.new text end
155.8 new text begin Subdivision 1.new text end new text begin Sales and use tax authorization.new text end new text begin Notwithstanding Minnesota Statutes, new text end
155.9new text begin section 297A.99, subdivisions 1 and 2, or 477A.016, or any other law, ordinance, or
city new text end
155.10new text begin charter, and as approved by the voters at the general election of November 8, 2016,
the city new text end
155.11new text begin of Spicer may impose, by ordinance, a sales and use tax of one-half of one percent
for the new text end
155.12new text begin purposes specified in subdivision 2. Except as otherwise provided in this section,
the new text end
155.13new text begin provisions of Minnesota Statutes, section 297A.99, govern the imposition, administration,
new text end
155.14new text begin collection, and enforcement of the tax authorized under this subdivision.new text end
155.15 new text begin Subd. 2.new text end new text begin Use of sales and use tax revenues.new text end new text begin The revenues derived from the tax authorized new text end
155.16new text begin under subdivision 1 must be used by the city of Spicer to pay the costs of collecting
and new text end
155.17new text begin administering the tax and to finance the capital and administrative costs of the following
new text end
155.18new text begin projects:new text end
new text begin new text end 155.19new text begin (1) pedestrian public safety improvements such as a pedestrian bridge or crosswalk
new text end
155.20new text begin signals at marked Trunk Highway 23;new text end
155.21new text begin (2) park and trail capital improvements including signage for bicycle share the road
new text end
155.22new text begin improvements and replacement of playground and related facilities; andnew text end
155.23new text begin (3) capital improvements to regional community facilities such as the Dethelfs roof
and new text end
155.24new text begin window replacement and the Pioneerland branch library roof replacement.new text end
155.25 new text begin Subd. 3.new text end new text begin Termination of taxes.new text end new text begin The tax imposed under subdivision 1 expires at the new text end
155.26new text begin earlier of: (1) ten years after the tax is first imposed; or (2) December 31, 2027.
All funds new text end
155.27new text begin not used to pay collection and administration costs of the tax must be used for projects
listed new text end
155.28new text begin in subdivision 2. The tax imposed under subdivision 1 may expire at an earlier time
if the new text end
155.29new text begin city so determines by ordinance.new text end
155.30new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after the governing body of the new text end
155.31new text begin city of Spicer and its chief clerical officer comply with Minnesota Statutes, section
645.021, new text end
155.32new text begin subdivisions 2 and 3.new text end
156.1 Sec. 23. new text begin CITY OF WALKER; LOCAL TAXES AUTHORIZED.new text end
156.2 new text begin Subdivision 1.new text end new text begin Sales and use tax authorized.new text end new text begin Notwithstanding Minnesota Statutes, new text end
156.3new text begin section 477A.016, or any ordinance, city charter, or other provision of law, pursuant
to the new text end
156.4new text begin approval of the voters at the general election on November 6, 2012, the city of Walker
may new text end
156.5new text begin impose by ordinance a sales and use tax of 1-1/2 percent for the purposes specified
in new text end
156.6new text begin subdivision 2. The provisions of Minnesota Statutes, section 297A.99, govern the imposition,
new text end
156.7new text begin administration, collection, and enforcement of the taxes authorized under this subdivision.new text end
156.8 new text begin Subd. 2.new text end new text begin Use of revenues.new text end new text begin Revenues received from the tax authorized by subdivision 1 new text end
156.9new text begin must be used to pay all or part of the capital and administrative costs of underground
utility, new text end
156.10new text begin street, curb, gutter, and sidewalk improvements in the city of Walker as outlined
in the 2012 new text end
156.11new text begin capital improvement plan of the engineer of the city of Walker.new text end
156.12 new text begin Subd. 3.new text end new text begin Bonding authority.new text end new text begin The city of Walker, pursuant to the approval of the voters new text end
156.13new text begin at the November 6, 2012, referendum authorizing the imposition of the taxes in this
section, new text end
156.14new text begin may issue bonds under Minnesota Statutes, chapter 475, to pay capital and administrative
new text end
156.15new text begin expenses for the projects described in subdivision 2, in an amount that does not exceed
new text end
156.16new text begin $20,000,000. A separate election to approve the bonds under Minnesota Statutes, section
new text end
156.17new text begin 475.58, is not required.new text end
156.18 new text begin Subd. 4.new text end new text begin Termination of tax.new text end new text begin (a) The tax authorized under subdivision 1 terminates at new text end
156.19new text begin the earlier of:new text end
new text begin new text end 156.20new text begin (1) 20 years after the date of initial imposition of the tax; ornew text end
156.21new text begin (2) when the city council determines that sufficient funds have been raised from the
tax new text end
156.22new text begin to finance the capital and administrative costs of the improvements described in subdivision
new text end
156.23new text begin 2, plus the additional amount needed to pay the costs related to issuance of bonds
under new text end
156.24new text begin subdivision 3, including interest on the bonds.new text end
156.25new text begin (b) Any funds remaining after completion of the projects specified in subdivision
2 and new text end
156.26new text begin retirement or redemption of bonds in subdivision 3 shall be placed in the general
fund of new text end
156.27new text begin the city. The tax imposed under subdivision 1 may expire at an earlier time if the
city so new text end
156.28new text begin determines by ordinance.new text end
156.29new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after the governing body of the new text end
156.30new text begin city of Walker and its chief clerical officer comply with Minnesota Statutes, section
645.021, new text end
156.31new text begin subdivisions 2 and 3.new text end
157.1 Sec. 24. new text begin CITY OF WINDOM; TAXES AUTHORIZED.new text end
157.2 new text begin Subdivision 1.new text end new text begin Sales and use tax authorized.new text end new text begin Notwithstanding Minnesota Statutes, new text end
157.3new text begin section 477A.016, or any other provision of law, ordinance, or city charter, as approved
by new text end
157.4new text begin the voters at the general election held on November 8, 2016, the city of Windom may
impose new text end
157.5new text begin by ordinance a sales and use tax of up to one percent for the purposes specified in
subdivision new text end
157.6new text begin 3. Except as provided in this section, the provisions of Minnesota Statutes, section
297A.99, new text end
157.7new text begin govern the imposition, administration, collection, and enforcement of the tax authorized
new text end
157.8new text begin under this subdivision.new text end
157.9 new text begin Subd. 2.new text end new text begin Use of revenues.new text end new text begin The proceeds of the tax imposed under this section must be new text end
157.10new text begin used to pay for the cost of collecting the tax and to pay all or a portion of the
expenses of new text end
157.11new text begin constructing and improving a fire hall and a public safety facility, including any
associated new text end
157.12new text begin bond costs.new text end
157.13 new text begin Subd. 3.new text end new text begin Bonding authority.new text end new text begin The city of Windom, pursuant to the approval of the voters new text end
157.14new text begin at the referendum authorizing the imposition of tax in this section, may issue bonds
under new text end
157.15new text begin Minnesota Statutes, chapter 475, to pay capital and administrative expenses for the
project new text end
157.16new text begin described in subdivision 2. A separate election to approve the bonds under Minnesota
new text end
157.17new text begin Statutes, section 475.58, is not required.new text end
157.18 new text begin Subd. 4.new text end new text begin Termination of tax.new text end new text begin (a) The tax authorized under subdivision 1 terminates at new text end
157.19new text begin the earlier of:new text end
157.20new text begin (1) 15 years after the date of initial imposition of the tax; ornew text end
157.21new text begin (2) when $3,500,000 has been collected.new text end
157.22new text begin (b)new text end new text begin Any funds remaining after completion of the projects specified in subdivision 2 may
new text end
157.23new text begin be placed in the general fund of the city. The tax imposed under subdivision 1 may
expire new text end
157.24new text begin at an earlier time if the city so determines by ordinance.new text end
157.25new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after the governing body of the new text end
157.26new text begin city of Windom and its chief clerical officer comply with Minnesota Statutes, section
new text end
157.27new text begin 645.021, subdivisions 2 and 3.new text end
157.28 Sec. 25. new text begin CLAY COUNTY; TAX AUTHORIZED.new text end
157.29 new text begin Subdivision 1.new text end new text begin Sales and use tax authorization.new text end new text begin Notwithstanding Minnesota Statutes, new text end
157.30new text begin section 297A.99, subdivisions 1 and 2, or 477A.016, or any other law or ordinance,
and as new text end
157.31new text begin approved by the voters at the November 8, 2016, general election, Clay County may
impose, new text end
157.32new text begin by ordinance, a sales and use tax of up to one-half of one percent for the purposes
specified new text end
158.1new text begin in subdivision 2. Except as otherwise provided in this section, the provisions of
Minnesota new text end
158.2new text begin Statutes, section 297A.99, govern the imposition, administration, collection, and
enforcement new text end
158.3new text begin of the tax authorized under this subdivision.new text end
158.4 new text begin Subd. 2.new text end new text begin Use of sales and use tax revenues.new text end new text begin The revenues derived from the tax authorized new text end
158.5new text begin under subdivision 1 must be used by Clay County to pay the costs of collecting and
new text end
158.6new text begin administering the tax and to finance the capital and administrative costs of constructing
and new text end
158.7new text begin equipping a new correctional facility, law enforcement center, and related parking
facility. new text end
158.8new text begin Authorized expenses include but are not limited to paying design, development, and
new text end
158.9new text begin construction costs related to these facilities and improvements, and securing and
paying new text end
158.10new text begin debt service on bonds issued under subdivision 3 or other obligations issued to finance
the new text end
158.11new text begin facilities listed in this subdivision.new text end
158.12 new text begin Subd. 3.new text end new text begin Bonding authority.new text end new text begin Clay County may issue bonds under Minnesota Statutes, new text end
158.13new text begin chapter 475, to finance all or a portion of the costs of the facilities authorized
in subdivision new text end
158.14new text begin 2. The aggregate principal amount of bonds issued under this subdivision may not exceed
new text end
158.15new text begin $52,000,000, plus an amount to be applied to the payment of the costs of issuing the
bonds. new text end
158.16new text begin The bonds may be paid from or secured by any funds available to Clay County, including
new text end
158.17new text begin the tax authorized under subdivision 1. The issuance of bonds under this subdivision
is not new text end
158.18new text begin subject to Minnesota Statutes, sections 275.60 and 275.61.new text end
158.19 new text begin Subd. 4.new text end new text begin Termination of taxes.new text end new text begin The tax imposed under subdivision 1 expires at the new text end
158.20new text begin earlier of: (1) 20 years after the tax is first imposed; or (2) when the county board
determines new text end
158.21new text begin that $52,000,000, plus an amount sufficient to pay the costs related to issuance of
the bonds new text end
158.22new text begin authorized under subdivision 3, including interest on the bonds, has been received
from the new text end
158.23new text begin tax to pay for the cost of the projects authorized under subdivision 2. Any funds
remaining new text end
158.24new text begin after payment of all such costs and retirement or redemption of the bonds shall be
placed new text end
158.25new text begin in the general fund of the county. The tax imposed under subdivision 1 may expire
at an new text end
158.26new text begin earlier time if the county so determines by ordinance.new text end
158.27new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after the governing body of Clay new text end
158.28new text begin County and its chief clerical officer comply with Minnesota Statutes, section 645.021,
new text end
158.29new text begin subdivisions 2 and 3.new text end
158.30 Sec. 26. new text begin GARRISON, KATHIO, WEST MILLE LACS LAKE SANITARY new text end
158.31new text begin DISTRICT; TAXES AUTHORIZED.new text end
158.32 new text begin Subdivision 1.new text end new text begin Sales and use tax authorization.new text end new text begin Notwithstanding Minnesota Statutes, new text end
158.33new text begin section 297A.99, subdivisions 1 and 2, or 477A.016, or any other law, and as approved
by new text end
158.34new text begin the voters at the November 8, 2016, general election, the Garrison, Kathio, West Mille
Lacs new text end
159.1new text begin Lake Sanitary District may impose, by majority vote of the governing body of the district,
new text end
159.2new text begin a sales and use tax of up to one percent for the purposes specified in subdivision
2. Except new text end
159.3new text begin as otherwise provided in this section, the provisions of Minnesota Statutes, section
297A.99, new text end
159.4new text begin govern the imposition, administration, collection, and enforcement of the tax authorized
new text end
159.5new text begin under this subdivision.new text end
159.6 new text begin Subd. 2.new text end new text begin Use of sales and use tax revenues.new text end new text begin The revenues derived from the tax authorized new text end
159.7new text begin under subdivision 1 must be used by the Garrison, Kathio, West Mille Lacs Lake Sanitary
new text end
159.8new text begin District to pay the costs of collecting and administering the tax and to repay general
obligation new text end
159.9new text begin revenue notes issued or other debt incurred for the construction of the wastewater
collection new text end
159.10new text begin system through the Minnesota Public Facilities Authority, general obligation disposal
system new text end
159.11new text begin bonds issued to finance the expense incurred in financing construction of sewer system
new text end
159.12new text begin improvements, and notes payable issued for costs associated with the sewer services
new text end
159.13new text begin agreement between the Garrison, Kathio, West Mille Lacs Lake Sanitary District and
ML new text end
159.14new text begin Wastewater Inc., and any other costs associated with system maintenance and improvements,
new text end
159.15new text begin including extension of the system to unserved customers as determined by the governing
new text end
159.16new text begin body of the district.new text end
159.17 new text begin Subd. 3.new text end new text begin Bonds.new text end new text begin The Garrison, Kathio, West Mille Lacs Lake Sanitary District, pursuant new text end
159.18new text begin to the approval of the voters at the November 8, 2016, referendum authorizing the
imposition new text end
159.19new text begin of the tax under this section, may issue general obligation disposal system bonds
for financing new text end
159.20new text begin construction of sewer system improvements without a separate election required under
new text end
159.21new text begin Minnesota Statutes, section 442.25 or 475.58. The amount of bonds that may be issued
new text end
159.22new text begin without a separate election is equal to $10,000,000 minus the amount of the tax revenue
new text end
159.23new text begin under this section committed to repay other notes as allowed under subdivision 2.new text end
159.24 new text begin Subd. 4.new text end new text begin Termination of taxes.new text end new text begin The tax imposed under subdivision 1 expires at the new text end
159.25new text begin earlier of: (1) 20 years after the tax is first imposed; or (2) when the governing
body of the new text end
159.26new text begin Garrison, Kathio, West Mille Lacs Lake Sanitary District determines that $10,000,000
has new text end
159.27new text begin been received from the tax to pay for the costs authorized under subdivision 2. Any
funds new text end
159.28new text begin remaining after payment of all such costs and retirement or redemption of the bonds
shall new text end
159.29new text begin be placed in the general fund of the district. The tax imposed under subdivision 1
may expire new text end
159.30new text begin at an earlier time if the governing body of the district so determines.new text end
159.31new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after the governing body of the new text end
159.32new text begin Garrison, Kathio, West Mille Lacs Lake Sanitary District and its chief clerical officer
comply new text end
159.33new text begin with Minnesota Statutes, section 645.021, subdivisions 2 and 3.new text end
160.1 Sec. 27. new text begin EFFECTIVE DATE; VALIDATION OF PRIOR ACT.new text end
160.2new text begin Notwithstanding the time limits in Minnesota Statutes, section 645.021, the city of
new text end
160.3new text begin Proctor may approve Laws 2008, chapter 366, article 7, section 13, and Laws 2010,
chapter new text end
160.4new text begin 389, article 5, sections 1 and 2, and file its approval with the secretary of state
by January new text end
160.5new text begin 1, 2015. If approved under this paragraph, actions undertaken by the city pursuant
to the new text end
160.6new text begin approval of the voters on November 2, 2010, and otherwise in accordance with those
laws new text end
160.7new text begin are validated.new text end
160.8new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after the governing body of the new text end
160.9new text begin city of Proctor and its chief clerical officer comply with Minnesota Statutes, section
645.021, new text end
160.10new text begin subdivisions 2 and 3.new text end
160.11ARTICLE 7
160.12PUBLIC FINANCE
160.13 Section 1. Minnesota Statutes 2016, section 366.095, subdivision 1, is amended to read:
160.14 Subdivision 1. Certificates of indebtedness. The town board may issue certificates of
160.15indebtedness within the debt limits for a town purpose otherwise authorized by law.
The
160.16certificates shall be payable in not more than ten years and be issued on the terms
and in
160.17the manner as the board may determinenew text begin , provided that notes issued for projects that eliminate new text end
160.18new text begin R-22, as defined in section 240A.09, paragraph (b), clause (2), must be payable in
not more new text end
160.19new text begin than 20 yearsnew text end . If the amount of the certificates to be issued exceeds 0.25 percent of the
160.20estimated market value of the town, they shall not be issued for at least ten days
after
160.21publication in a newspaper of general circulation in the town of the board's resolution
160.22determining to issue them. If within that time, a petition asking for an election
on the
160.23proposition signed by voters equal to ten percent of the number of voters at the last
regular
160.24town election is filed with the clerk, the certificates shall not be issued until
their issuance
160.25has been approved by a majority of the votes cast on the question at a regular or
special
160.26election. A tax levy shall be made to pay the principal and interest on the certificates
as in
160.27the case of bonds.
160.28 Sec. 2. Minnesota Statutes 2016, section 383B.117, subdivision 2, is amended to read:
160.29 Subd. 2. Equipment acquisition; capital notes. The board may, by resolution and
160.30without public referendum, issue capital notes within existing debt limits for the
purpose
160.31of purchasing ambulance and other medical equipment, road construction or maintenance
160.32equipment, public safety equipment and other capital equipment having an expected
useful
160.33life at least equal to the term of the notes issued. The notes shall be payable in
not more
161.1than ten years and shall be issued on terms and in a manner as the board determinesnew text begin , provided new text end
161.2new text begin that notes issued for projects that eliminate R-22, as defined in section 240A.09,
paragraph new text end
161.3new text begin (b), clause (2), must be payable in not more than 20 yearsnew text end . The total principal amount of
161.4the notes issued for any fiscal year shall not exceed one percent of the total annual
budget
161.5for that year and shall be issued solely for the purchases authorized in this subdivision.
A
161.6tax levy shall be made for the payment of the principal and interest on such notes
as in the
161.7case of bonds. For purposes of this subdivision, "equipment" includes computer hardware
161.8and software, whether bundled with machinery or equipment or unbundled. For purposes
161.9of this subdivision, the term "medical equipment" includes computer hardware and software
161.10and other intellectual property for use in medical diagnosis, medical procedures,
research,
161.11record keeping, billing, and other hospital applications, together with application
development
161.12services and training related to the use of the computer hardware and software and
other
161.13intellectual property, all without regard to their useful life. For purposes of determining
the
161.14amount of capital notes which the county may issue in any year, the budget of the
county
161.15and Hennepin Healthcare System, Inc. shall be combined and the notes issuable under
this
161.16subdivision shall be in addition to obligations issuable under section
373.01, subdivision
161.173
.
161.18 Sec. 3. Minnesota Statutes 2016, section 410.32, is amended to read:
161.19410.32 CITIES MAY ISSUE CAPITAL NOTES FOR CAPITAL EQUIPMENT.
161.20 (a) Notwithstanding any contrary provision of other law or charter, a home rule charter
161.21city may, by resolution and without public referendum, issue capital notes subject
to the
161.22city debt limit to purchase capital equipment.
161.23 (b) For purposes of this section, "capital equipment" means:
161.24 (1) public safety equipment, ambulance and other medical equipment, road construction
161.25and maintenance equipment, and other capital equipment; and
161.26 (2) computer hardware and software, whether bundled with machinery or equipment or
161.27unbundled, together with application development services and training related to
the use
161.28of the computer hardware and software.
161.29 (c) The equipment or software must have an expected useful life at least as long as
the
161.30term of the notes.
161.31 (d) The notes shall be payable in not more than ten years and be issued on terms and
in
161.32the manner the city determinesnew text begin , provided that notes issued for projects that eliminate R-22, new text end
161.33new text begin as defined in section 240A.09, paragraph (b), clause (2), must be payable in not more
than new text end
162.1new text begin 20 yearsnew text end . The total principal amount of the capital notes issued in a fiscal year shall not
162.2exceed 0.03 percent of the estimated market value of taxable property in the city
for that
162.3year.
162.4 (e) A tax levy shall be made for the payment of the principal and interest on the
notes,
162.5in accordance with section
475.61, as in the case of bonds.
162.6 (f) Notes issued under this section shall require an affirmative vote of two-thirds
of the
162.7governing body of the city.
162.8 (g) Notwithstanding a contrary provision of other law or charter, a home rule charter
162.9city may also issue capital notes subject to its debt limit in the manner and subject
to the
162.10limitations applicable to statutory cities pursuant to section
412.301.
162.11 Sec. 4. Minnesota Statutes 2016, section 412.301, is amended to read:
162.12412.301 FINANCING PURCHASE OF CERTAIN EQUIPMENT.
162.13 (a) The council may issue certificates of indebtedness or capital notes subject to
the city
162.14debt limits to purchase capital equipment.
162.15 (b) For purposes of this section, "capital equipment" means:
162.16 (1) public safety equipment, ambulance and other medical equipment, road construction
162.17and maintenance equipment, and other capital equipment; and
162.18 (2) computer hardware and software, whether bundled with machinery or equipment or
162.19unbundled, together with application development services and training related to
the use
162.20of the computer hardware or software.
162.21 (c) The equipment or software must have an expected useful life at least as long as
the
162.22terms of the certificates or notes.
162.23 (d) Such certificates or notes shall be payable in not more than ten years and shall
be
162.24issued on such terms and in such manner as the council may determinenew text begin , provided, however, new text end
162.25new text begin that notes issued for projects that eliminate R-22, as defined in section 240A.09,
paragraph new text end
162.26new text begin (b), clause (2), must be payable in not more than 20 yearsnew text end .
162.27 (e) If the amount of the certificates or notes to be issued to finance any such purchase
162.28exceeds 0.25 percent of the estimated market value of taxable property in the city,
they shall
162.29not be issued for at least ten days after publication in the official newspaper of
a council
162.30resolution determining to issue them; and if before the end of that time, a petition
asking
162.31for an election on the proposition signed by voters equal to ten percent of the number
of
162.32voters at the last regular municipal election is filed with the clerk, such certificates
or notes
163.1shall not be issued until the proposition of their issuance has been approved by a
majority
163.2of the votes cast on the question at a regular or special election.
163.3 (f) A tax levy shall be made for the payment of the principal and interest on such
163.4certificates or notes, in accordance with section
475.61, as in the case of bonds.
163.5 Sec. 5. new text begin [416.17] VOTER APPROVAL REQUIRED; LEASES OF PUBLIC new text end
163.6new text begin BUILDINGS.new text end
163.7 new text begin Subdivision 1.new text end new text begin Reverse referendum; certain leases.new text end new text begin (a) Before executing a qualified new text end
163.8new text begin lease, a municipality must publish notice of its intention to execute the lease and
the date new text end
163.9new text begin and time of a hearing to obtain public comment on the matter. The notice must be published
new text end
163.10new text begin in the official newspaper of the municipality or in a newspaper of general circulation
in the new text end
163.11new text begin municipality and must include a statement of the amount of the obligations to be issued
by new text end
163.12new text begin the authority and the maximum amount of annual rent to be paid by the municipality
under new text end
163.13new text begin the qualified lease. The notice must be published at least 14, but not more than 28,
days new text end
163.14new text begin before the date of the hearing.new text end
163.15new text begin (b) A municipality may enter a lease subject to paragraph (a) only upon obtaining
the new text end
163.16new text begin approval of a majority of the voters voting on the question of issuing the obligations,
if a new text end
163.17new text begin petition requesting a vote on the issuance is signed by voters equal to ten percent
of the new text end
163.18new text begin votes cast in the municipality in the last state general election and is filed with
the county new text end
163.19new text begin auditor within 30 days after the public hearing.new text end
163.20 new text begin Subd. 2.new text end new text begin Definitions.new text end new text begin (a) For purposes of this section, the following terms have the new text end
163.21new text begin meanings given them.new text end
163.22new text begin (b) "Authority" includes any of the following governmental units, the boundaries of
new text end
163.23new text begin which include all or part of the geographic area of the municipality:new text end
163.24new text begin (1) a housing and redevelopment authority, as defined in section 469.002, subdivision
new text end
163.25new text begin 2;new text end
163.26new text begin (2) a port authority, as defined in section 469.048;new text end
163.27new text begin (3) an economic development authority, as established under section 469.091; ornew text end
new text begin new text end 163.28new text begin (4) an entity established or exercising powers under a special law with powers similar
new text end
163.29new text begin to those of an entity described in clauses (1) to (3).new text end
163.30new text begin (c) "Municipality" means a statutory or home rule charter city, a county, or a town
new text end
163.31new text begin described in section 368.01, but does not include a city of the first class, however
organized, new text end
163.32new text begin as defined in section 410.01.new text end
164.1new text begin (d) "Qualified lease" means a lease for use of public land, all or part of a public
building, new text end
164.2new text begin or other public facilities consisting of real property for a term of three or more
years as a new text end
164.3new text begin lessee if the property to be leased to the municipality was acquired or improved with
the new text end
164.4new text begin proceeds of obligations, as defined in section 475.51, subdivision 3, issued by an
authority.new text end
164.5 Sec. 6. Minnesota Statutes 2016, section 469.101, subdivision 1, is amended to read:
164.6 Subdivision 1. Establishment. An economic development authority may create and
164.7define the boundaries of economic development districts at any place or places within
the
164.8city, except that the district boundaries must be contiguous, and may use the powers
granted
164.9in sections
469.090 to
469.108 to carry out its purposes. First the authority must hold a
164.10public hearing on the matter. At least ten days before the hearing, the authority
shall publish
164.11notice of the hearing in a daily newspaper of general circulation in the city. Also, the authority
164.12shall find that an economic development district is proper and desirable to establish
and
164.13develop within the city.
164.14 Sec. 7. Minnesota Statutes 2016, section 473.39, is amended by adding a subdivision to
164.15read:
164.16 new text begin Subd. 1u.new text end new text begin Obligations.new text end new text begin In addition to other authority in this section, the council may new text end
164.17new text begin issue certificates of indebtedness, bonds, or other obligations under this section
in an amount new text end
164.18new text begin not exceeding $126,000,000 for capital expenditures as prescribed in the council's
transit new text end
164.19new text begin capital improvement program and for related costs, including the costs of issuance
and sale new text end
164.20new text begin of the obligations. Of this authorization, after July 1, 2017, the council may issue
certificates new text end
164.21new text begin of indebtedness, bonds, or other obligations in an amount not exceeding $82,100,000,
and new text end
164.22new text begin after July 1, 2018, the council may issue certificates of indebtedness, bonds, or
other new text end
164.23new text begin obligations in an additional amount not exceeding $43,900,000.new text end
164.24new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment and new text end
164.25new text begin applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.new text end
164.26 Sec. 8. Minnesota Statutes 2016, section 473.39, is amended by adding a subdivision to
164.27read:
164.28 new text begin Subd. 6.new text end new text begin Limitation; light rail transit.new text end new text begin The council is prohibited from expending any new text end
164.29new text begin proceeds from certificates of indebtedness, bonds, or other obligations under this
section new text end
164.30new text begin for project development, land acquisition, or construction to (1) establish a light
rail transit new text end
164.31new text begin line; or (2) expand a light rail transit line, including by extending a line or adding
additional new text end
164.32new text begin stops.new text end
165.1new text begin EFFECTIVE DATE.new text end new text begin This section applies to the expenditures made after the day new text end
165.2new text begin following final enactment, but does not apply to amounts expended under binding contracts
new text end
165.3new text begin entered into before March 25, 2017. This section applies in the counties of Anoka,
Carver, new text end
165.4new text begin Dakota, Hennepin, Ramsey, Scott, and Washington.new text end
165.5 Sec. 9. Minnesota Statutes 2016, section 475.60, subdivision 2, is amended to read:
165.6 Subd. 2. Requirements waived. The requirements as to public sale shall not apply:
165.7(1) to obligations issued under the provisions of a home rule charter or of a law
165.8specifically authorizing a different method of sale, or authorizing them to be issued
in such
165.9manner or on such terms and conditions as the governing body may determine;
165.10(2) to obligations sold by an issuer in an amount not exceeding the total sum of
165.11$1,200,000 in any 12-month period;
165.12(3) to obligations issued by a governing body other than a school board in anticipation
165.13of the collection of taxes or other revenues appropriated for expenditure in a single
year, if
165.14sold in accordance with the most favorable of two or more proposals solicited privately;
165.15(4) to obligations sold to any board, department, or agency of the United States of
165.16America or of the state of Minnesota, in accordance with rules or regulations promulgated
165.17by such board, department, or agency;
165.18(5) to obligations issued to fund pension and retirement fund liabilities under section
165.19475.52, subdivision 6
, obligations issued with tender options under section
475.54,
165.20subdivision 5a
, crossover refunding obligations referred to in section
475.67, subdivision
165.2113
, and any issue of obligations comprised in whole or in part of obligations bearing
interest
165.22at a rate or rates which vary periodically referred to in section
475.56;
165.23(6) to obligations to be issued for a purpose, in a manner, and upon terms and conditions
165.24authorized by law, if the governing body of the municipality, on the advice of bond
counsel
165.25or special tax counsel, determines that interest on the obligations cannot be represented
to
165.26be excluded from gross income for purposes of federal income taxation;
165.27(7) to obligations issued in the form of an installment purchase contract, lease purchase
165.28agreement, or other similar agreement;
165.29(8) to obligations sold under a bond reinvestment program; and
165.30(9) if the municipality has retained an independent financial advisornew text begin municipal advisernew text end ,
165.31obligations which the governing body determines shall be sold by private negotiation.
166.1ARTICLE 8
166.2MISCELLANEOUS
166.3 Section 1. new text begin [16A.1246] NO SPENDING FOR CERTAIN RAIL PROJECTS.new text end
166.4new text begin (a) Except as provided in paragraph (b), no appropriation or other state money, whether
new text end
166.5new text begin in the general or another fund, must be expended or used for any costs related to
studying new text end
166.6new text begin the feasibility of, planning for, designing, engineering, acquiring property or constructing
new text end
166.7new text begin facilities for or related to, or development or operation of intercity or interregional
passenger new text end
166.8new text begin rail facilities or operations between the city of Rochester or locations in its metropolitan
new text end
166.9new text begin area and any location in the metropolitan area, as defined in section 473.121, subdivision
new text end
166.10new text begin 2.new text end
166.11new text begin (b) The restrictions under this section do not apply to funds obtained from contributions,
new text end
166.12new text begin grants, or other voluntary payments made by nongovernmental entities from private
sources.new text end
166.13new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
166.14 Sec. 2. new text begin [16B.2965] PROPERTY LEASED FOR RAIL PROJECTS.new text end
166.15new text begin (a) If a state official leases, loans, or otherwise makes available state lands, air
rights, new text end
166.16new text begin or any other state property for use in connection with passenger rail facilities,
as described new text end
166.17new text begin in section 16A.1246, the lease or other agreement must include or be secured by a
security new text end
166.18new text begin bond or equivalent guarantee that allows the state to recover any costs it incurs
in connection new text end
166.19new text begin with the rail project from a responsible third party or secure source of capital,
if the passenger new text end
166.20new text begin rail facilities are not constructed, do not go into operation, or are abandoned, whether
or new text end
166.21new text begin not the facilities began operations. The security bond or equivalent guarantee must
remain new text end
166.22new text begin in place for the term of lease, loan, or other agreement that makes state property
available new text end
166.23new text begin for use by the project. These costs include restoring state property to its original
condition.new text end
166.24new text begin (b) For purposes of this section, "state official" includes the commissioner, the
new text end
166.25new text begin commissioner of transportation, or any other state official with authority to enter
a lease or new text end
166.26new text begin other agreement providing for use by a nonstate entity of state property.new text end
166.27new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
166.28 Sec. 3. new text begin [117.028] CONDEMNATION FOR CERTAIN RAIL FACILITIES new text end
166.29new text begin PROHIBITED.new text end
166.30new text begin Notwithstanding section 222.27 or any other law to the contrary, no condemning authority
new text end
166.31new text begin may take property for the development or construction of or for facilities related
to intercity new text end
167.1new text begin or interregional passenger rail facilities or operations between the city of Rochester
or new text end
167.2new text begin locations in its metropolitan area and any location in the metropolitan area, as defined
in new text end
167.3new text begin section 473.121, subdivision 2.new text end
167.4new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
167.5 Sec. 4. Minnesota Statutes 2016, section 216B.36, is amended to read:
167.6216B.36 MUNICIPAL REGULATORY AND TAXING POWERS.
167.7 new text begin Subdivision 1.new text end new text begin Municipal authority to regulate public utilities.new text end Any public utility
167.8furnishing the utility services enumerated in section
216B.02 or occupying streets, highways,
167.9or other public property within a municipality may be required to obtain a license,
permit,
167.10right, or franchise in accordance with the terms, conditions, and limitations of regulatory
167.11acts of the municipality, including the placing of distribution lines and facilities
underground.
167.12Under the license, permit, right, or franchise, the utility may be obligated by any
municipality
167.13to pay to the municipality fees to raise revenue or defray increased municipal costs
accruing
167.14as a result of utility operations, or both.new text begin A fee that raises revenue under a license, permit, new text end
167.15new text begin right, or franchise agreement entered into or renewed on or after August 1, 2017,
is subject new text end
167.16new text begin to the requirements of subdivision 2.new text end The fee may include but is not limited to a sum of
167.17money based upon gross operating revenues or gross earnings from its operations in
the
167.18municipality so long as the public utility shall continue to operate in the municipality,
unless
167.19upon request of the public utility it is expressly released from the obligation at
any time by
167.20such municipality. Notwithstanding the definition of "public utility" in section
216B.02,
167.21subdivision 4
, a municipality may require payment of a fee under this section by a cooperative
167.22electric association organized under chapter 308A that furnishes utility services
within the
167.23municipality. All existing licenses, permits, franchises, and other rights acquired
by any
167.24public utility or municipality prior to April 11, 1974, including the payment of existing
167.25franchise fees, shall not be impaired or affected in any respect by the passage of
this chapter,
167.26except with respect to matters of rate and service regulation, service area assignments,
167.27securities, and indebtedness that are vested in the jurisdiction of the commission
by this
167.28chapter. However, in the event that a court of competent jurisdiction determines,
or the
167.29parties by mutual agreement determine, that an existing license, permit, franchise,
or other
167.30right has been abrogated or impaired by this chapter, or its execution, the municipality
167.31affected shall impose and the public utility shall collect an excise tax on the utility
charges
167.32which from year to year yields an amount which is reasonably equivalent to that amount
of
167.33revenue which then would be due as a fee, charges or other thing or service of value
to the
167.34municipality under the franchise, license, or permit. The authorization shall be over
and
168.1above taxing limitations including, but not limited to, those of section
477A.016. Franchises
168.2granted pursuant to this section shall be exempt from the provisions of chapter 80C.
For
168.3purposes of this section, a public utility shall include a cooperative electric association.
168.4 new text begin Subd. 2.new text end new text begin Five-year renewal; reverse referendum.new text end new text begin (a) A municipality may impose a new text end
168.5new text begin fee under subdivision 1 to raise revenue beyond what is needed to defray increased
municipal new text end
168.6new text begin costs due to utility operations for up to a five-year period, following the procedures
in this new text end
168.7new text begin subdivision.new text end
new text begin new text end 168.8new text begin (b) The municipality must include in its ordinance or license, permit, or franchise
new text end
168.9new text begin agreement with the public utility what constitutes a cost to the city.new text end
168.10new text begin (c) The municipality must identify in its ordinance or license, permit, or franchise
new text end
168.11new text begin agreement the uses of the portion of the fee that is for purposes other than to defray
city new text end
168.12new text begin costs. The municipality must publish a notice that explains:new text end
168.13new text begin (1) the fee and its intended uses;new text end
168.14new text begin (2) that the public utility is likely to pass the fee on to customers and how much
that new text end
168.15new text begin may increase customers' utility bills;new text end
168.16new text begin (3) that alternatives to the revenue-raising portion of the fee are to raise the revenue
new text end
168.17new text begin from another source available to the municipality or forego planned uses of the revenue;
new text end
168.18new text begin andnew text end
168.19new text begin (4) what revenue raised from another source will cost those paying it.new text end
168.20new text begin The notice must be published at least once each week for two consecutive weeks in
the new text end
168.21new text begin official publication of the municipality and must remain posted on the municipality's
Web new text end
168.22new text begin site throughout the notice period. The notice must also be sent to all affected ratepayers
by new text end
168.23new text begin either first class mail by the municipality or by including the notice in the affected
ratepayers' new text end
168.24new text begin billings.new text end
168.25new text begin (d) Following publication and before imposing the fee, the municipality must provide
new text end
168.26new text begin an opportunity at its next regular meeting for public comment relating to the issue.
No new text end
168.27new text begin sooner than 90 days after the public comment opportunity, the municipality may proceed
new text end
168.28new text begin with imposing the fee, unless a petition is filed as provided in paragraph (e).new text end
168.29new text begin (e) Within 90 days after the meeting held by the municipality at which public comment
new text end
168.30new text begin was accepted, a petition requesting a referendum may be filed with the chief clerical
officer new text end
168.31new text begin of the municipality. The petition must be signed by at least five percent of the registered
new text end
168.32new text begin voters in the municipality. The petition must meet the requirements of the secretary
of state, new text end
168.33new text begin as provided in section 204B.071, and any rules adopted to implement that section.
If the new text end
169.1new text begin petition is sufficient, the question of whether the municipality may impose a fee
that raises new text end
169.2new text begin revenue as provided in subdivision 1 must be placed on the ballot at the next general
election. new text end
169.3new text begin If a majority of the voters voting on the question votes in favor of using the fee
to raise new text end
169.4new text begin revenue, the municipality may proceed with imposing the fee.new text end
169.5new text begin (f) If a license, permit, right, or franchise agreement is entered into or renewed
before new text end
169.6new text begin August 1, 2017, and by its terms and the ordinance authorizing it, will be in effect
after new text end
169.7new text begin August 1, 2022, the municipality must follow the procedures in this subdivision to
provide new text end
169.8new text begin notice, a public hearing, and opportunity for a petition for a referendum by August
1, 2022.new text end
169.9new text begin (g) Except as provided in paragraph (f), this subdivision applies to a license, permit,
new text end
169.10new text begin right, or franchise agreement entered into or renewed on or after August 1, 2017.new text end
169.11new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
169.12 Sec. 5. new text begin [222.271] PASSENGER RAIL PROJECTS; ENVIRONMENTAL new text end
169.13new text begin INSURANCE REQUIRED.new text end
169.14 new text begin Subdivision 1.new text end new text begin Scope.new text end new text begin (a) This section applies to any person that seeks a federal or state new text end
169.15new text begin permit or other formal legal authorization to construct or operate a passenger rail
project new text end
169.16new text begin with an estimated capital cost exceeding $1,000,000,000.new text end
169.17new text begin (b) This section does not apply to a person whose only action within the scope of
new text end
169.18new text begin paragraph (a) is an application for a building permit.new text end
169.19 new text begin Subd. 2.new text end new text begin Definitions.new text end new text begin (a) For purposes of this section, unless the context clearly indicates new text end
169.20new text begin otherwise, the following definitions apply.new text end
169.21new text begin (b) "Commissioner" means the commissioner of the Pollution Control Agency.new text end
169.22new text begin (c) "Insurance" means a commercial insurance policy, a security bond, or an equivalent
new text end
169.23new text begin guarantee that provides assurance of the project's ability to pay claims for any liability
under new text end
169.24new text begin chapter 115B or similar provisions of common law or federal law resulting from construction
new text end
169.25new text begin or operation of the passenger rail project.new text end
169.26new text begin (d) "Passenger rail project" or "project" means a railroad or a line or lines of a
railway new text end
169.27new text begin located within or partly within Minnesota intended to provide passenger service, regardless
new text end
169.28new text begin of whether freight service is also provided, by a common carrier other than a federal
or state new text end
169.29new text begin government unit, a political subdivision of the state, or the National Railroad Passenger
new text end
169.30new text begin Corporation created under the Rail Passenger Service Act of 1970, Public Law 91-518.new text end
169.31new text begin (e) "Person" includes a corporation, limited liability company, partnership, other
entity, new text end
169.32new text begin or an individual.new text end
170.1 new text begin Subd. 3.new text end new text begin Environmental insurance required.new text end new text begin (a) Any person subject to this section new text end
170.2new text begin must obtain and maintain insurance that is adequate to cover potential claims and
meets the new text end
170.3new text begin other requirements of this section, as approved by the commissioner under paragraph
(b). new text end
170.4new text begin The insurance must not contain dollar limits on liability, or if it does contain a
dollar limit new text end
170.5new text begin the limit must be not less than a reasonable estimate of the potential exposure of
the project new text end
170.6new text begin for environmental remediation or impairment damages. Any dollar limit must be adjusted
new text end
170.7new text begin if the scope, size, or cost of the project increases materially. The insurance must
cover any new text end
170.8new text begin liability incurred during and after the construction and operation of the project
and must new text end
170.9new text begin not contain exclusions, limitations, or other restrictions that are not standard in
comprehensive new text end
170.10new text begin environmental remediation insurance or in environmental impairment insurance, as new text end
170.11new text begin applicable.new text end
170.12new text begin (b) In order to satisfy the requirements of this section, the commissioner must determine
new text end
170.13new text begin that the insurance is adequate and that it meets the other requirements of this section.
The new text end
170.14new text begin commissioner may require that the project provide any supporting documentation to
new text end
170.15new text begin determine that insurance is adequate and meets the other requirements of this section
and new text end
170.16new text begin that the project has the financial ability to maintain insurance during the project's
operations.new text end
170.17new text begin EFFECTIVE DATE.new text end new text begin This section is effective for passenger rail projects for which new text end
170.18new text begin application for a permit or other formal legal authorization to construct is made
after the new text end
170.19new text begin day following final enactment.new text end
170.20 Sec. 6. Minnesota Statutes 2016, section 270A.03, subdivision 7, is amended to read:
170.21 Subd. 7. Refund. "Refund" means an individual income tax refund or political
170.22contribution refund, pursuant to chapter 290, or a property tax credit or refund, pursuant to
170.23chapter 290A, or a sustainable forest payment to a claimant under chapter 290C.
170.24For purposes of this chapter, lottery prizes, as set forth in section
349A.08, subdivision
170.258
, and amounts granted to persons by the legislature on the recommendation of the joint
170.26senate-house of representatives Subcommittee on Claims shall be treated as refunds.
170.27In the case of a joint property tax refund payable to spouses under chapter 290A,
the
170.28refund shall be considered as belonging to each spouse in the proportion of the total
refund
170.29that equals each spouse's proportion of the total income determined under section
290A.03,
170.30subdivision 3
. In the case of a joint income tax refund under chapter 289A, the refund shall
170.31be considered as belonging to each spouse in the proportion of the total refund that
equals
170.32each spouse's proportion of the total taxable income determined under section
290.01,
170.33subdivision 29
. The commissioner shall remit the entire refund to the claimant agency,
170.34which shall, upon the request of the spouse who does not owe the debt, determine the
amount
171.1of the refund belonging to that spouse and refund the amount to that spouse. For court
fines,
171.2fees, and surcharges and court-ordered restitution under section
611A.04, subdivision 2,
171.3the notice provided by the commissioner of revenue under section
270A.07, subdivision 2,
171.4paragraph (b), serves as the appropriate legal notice to the spouse who does not owe
the
171.5debt.
171.6new text begin EFFECTIVE DATE.new text end new text begin This section is effective for political contribution refund claims new text end
171.7new text begin based on contributions made on or after July 1, 2017.new text end
171.8 Sec. 7. Minnesota Statutes 2016, section 287.08, is amended to read:
171.9287.08 TAX, HOW PAYABLE; RECEIPTS.
171.10 (a) The tax imposed by sections
287.01 to
287.12 must be paid to the treasurer of any
171.11county in this state in which the real property or some part is located at or before
the time
171.12of filing the mortgage for record. The treasurer shall endorse receipt on the mortgage
and
171.13the receipt is conclusive proof that the tax has been paid in the amount stated and
authorizes
171.14any county recorder or registrar of titles to record the mortgage. Its form, in substance,
shall
171.15be "registration tax hereon of ..................... dollars paid." If the mortgage
is exempt from
171.16taxation the endorsement shall, in substance, be "exempt from registration tax." In
either
171.17case the receipt must be signed by the treasurer. In case the treasurer is unable
to determine
171.18whether a claim of exemption should be allowed, the tax must be paid as in the case
of a
171.19taxable mortgage. For documents submitted electronically, the endorsements and tax
amount
171.20shall be affixed electronically and no signature by the treasurer will be required.
The actual
171.21payment method must be arranged in advance between the submitter and the receiving
171.22county.
171.23 (b) The county treasurer may refund in whole or in part any mortgage registry tax
171.24overpayment if a written application by the taxpayer is submitted to the county treasurer
171.25within 3-1/2 years from the date of the overpayment. If the county has not issued
a denial
171.26of the application, the taxpayer may bring an action in Tax Court in the county in
which
171.27the tax was paid at any time after the expiration of six months from the time that
the
171.28application was submitted. A denial of refund may be appealed within 60 days from
the
171.29date of the denial by bringing an action in Tax Court in the county in which the tax
was
171.30paid. The action is commenced by the serving of a petition for relief on the county
treasurer,
171.31and by filing a copy with the court. The county attorney shall defend the action.
The county
171.32treasurer shall notify the treasurer of each county that has or would receive a portion
of the
171.33tax as paid.
172.1 (c) If the county treasurer determines a refund should be paid, or if a refund is
ordered
172.2by the court, the county treasurer of each county that actually received a portion
of the tax
172.3shall immediately pay a proportionate share of three percent of the refund using any
available
172.4county funds. The county treasurer of each county that received, or would have received,
172.5a portion of the tax shall also pay their county's proportionate share of the remaining
97
172.6percent of the court-ordered refund on or before the 20th day of the following month
using
172.7solely the mortgage registry tax funds that would be paid to the commissioner of revenue
172.8on that date under section
287.12. If the funds on hand under this procedure are insufficient
172.9to fully fund 97 percent of the court-ordered refund, the county treasurer of the
county in
172.10which the action was brought shall file a claim with the commissioner of revenue under
172.11section
16A.48 for the remaining portion of 97 percent of the refund, and shall pay over the
172.12remaining portion upon receipt of a warrant from the state issued pursuant to the
claim.
172.13 (d) When any mortgage covers real property located in more than one county in this
172.14state the total tax must be paid to the treasurer of the county where the mortgage
is first
172.15presented for recording, and the payment must be receipted as provided in paragraph
(a).
172.16If the principal debt or obligation secured by such a multiple county mortgage exceeds
172.17$10,000,000, new text begin the tax collected shall be forwarded by the county treasurer receiving it to the new text end
172.18new text begin commissioner of revenue and new text end the nonstate portion of the tax must be divided and paid over
172.19by the county treasurer receiving itnew text begin commissioner of revenuenew text end , on or before the 20th day of
172.20each month after receipt, to the county or counties entitled in the ratio that the
estimated
172.21market value of the real property covered by the mortgage in each county bears to
the
172.22estimated market value of all the real property in this state described in the mortgage.
In
172.23making the division and payment the county treasurernew text begin commissioner of revenuenew text end shall send
172.24a statement giving the description of the real property described in the mortgage
and the
172.25estimated market value of the part located in each county. For this purpose, the treasurer of
172.26any countynew text begin commissioner of revenuenew text end may require the treasurer of any other county to certify
172.27to the former the estimated market value of any tract of real property in any mortgagenew text begin in new text end
172.28new text begin the countynew text end .
172.29 (e) The mortgagor must pay the tax imposed by sections
287.01 to
287.12. The mortgagee
172.30may undertake to collect and remit the tax on behalf of the mortgagor. If the mortgagee
172.31collects money from the mortgagor to remit the tax on behalf of the mortgagor, the
mortgagee
172.32has a fiduciary duty to remit the tax on behalf of the mortgagor as to the amount
of the tax
172.33collected for that purpose and the mortgagor is relieved of any further obligation
to pay the
172.34tax as to the amount collected by the mortgagee for this purpose.
172.35new text begin EFFECTIVE DATE.new text end new text begin This section is effective for tax collected after June 30, 2017.new text end
173.1 Sec. 8. Minnesota Statutes 2016, section 289A.50, subdivision 1, is amended to read:
173.2 Subdivision 1. General right to refund. (a) Subject to the requirements of this section
173.3and section
289A.40, a taxpayer who has paid a tax in excess of the taxes lawfully due and
173.4who files a written claim for refund will be refunded or credited the overpayment
of the tax
173.5determined by the commissioner to be erroneously paid.
173.6(b) The claim must specify the name of the taxpayer, the date when and the period
for
173.7which the tax was paid, the kind of tax paid, the amount of the tax that the taxpayer
claims
173.8was erroneously paid, the grounds on which a refund is claimed, and other information
173.9relative to the payment and in the form required by the commissioner. An income tax,
estate
173.10tax, or corporate franchise tax return, or amended return claiming an overpayment
constitutes
173.11a claim for refund.
173.12(c) When, in the course of an examination, and within the time for requesting a refund,
173.13the commissioner determines that there has been an overpayment of tax, the commissioner
173.14shall refund or credit the overpayment to the taxpayer and no demand is necessary.
If the
173.15overpayment exceeds $1, the amount of the overpayment must be refunded to the taxpayer.
173.16If the amount of the overpayment is less than $1, the commissioner is not required
to refund.
173.17In these situations, the commissioner does not have to make written findings or serve
notice
173.18by mail to the taxpayer.
173.19(d) If the amount allowable as a credit for withholding, estimated taxes, or dependent
173.20care exceeds the tax against which the credit is allowable, the amount of the excess
is
173.21considered an overpayment. The refund allowed by section
290.06, subdivision 23, is also
173.22considered an overpayment. The requirements of section
270C.33 do not apply to the
173.23refunding of such an overpayment shown on the original return filed by a taxpayer.
173.24(e) If the entertainment tax withheld at the source exceeds by $1 or more the taxes,
173.25penalties, and interest reported in the return of the entertainment entity or imposed
by section
173.26290.9201
, the excess must be refunded to the entertainment entity. If the excess is less than
173.27$1, the commissioner need not refund that amount.
173.28(f) If the surety deposit required for a construction contract exceeds the liability
of the
173.29out-of-state contractor, the commissioner shall refund the difference to the contractor.
173.30(g) An action of the commissioner in refunding the amount of the overpayment does
not
173.31constitute a determination of the correctness of the return of the taxpayer.
173.32(h) There is appropriated from the general fund to the commissioner of revenue the
173.33amount necessary to pay refunds allowed under this section.
174.1new text begin EFFECTIVE DATE.new text end new text begin This section is effective for political contribution refund claims new text end
174.2new text begin based on contributions made on or after July 1, 2017.new text end
174.3 Sec. 9. Minnesota Statutes 2016, section 290.01, subdivision 6, is amended to read:
174.4 Subd. 6. Taxpayer. The term "taxpayer" means any person or corporation subject to a
174.5tax imposed by this chapter. For purposes of section
290.06, subdivision 23, the term
174.6"taxpayer" means an individual eligible to vote in Minnesota under section
.
174.7new text begin EFFECTIVE DATE.new text end new text begin This section is effective for political contribution refund claims new text end
174.8new text begin based on contributions made on or after July 1, 2017.new text end
174.9 Sec. 10. Minnesota Statutes 2016, section 298.225, subdivision 1, is amended to read:
174.10 Subdivision 1. Guaranteed distribution. (a) new text begin Except as provided under paragraph (c), new text end
174.11the distribution of the taconite production tax as provided in section
298.28, subdivisions
174.123 to 5, 6, paragraph (b), 7, and 8, shall equal the lesser of the following amounts:
174.13(1) the amount distributed pursuant to this section and section
298.28, with respect to
174.141983 production if the production for the year prior to the distribution year is no
less than
174.1542,000,000 taxable tons. If the production is less than 42,000,000 taxable tons, the
amount
174.16of the distributions shall be reduced proportionately at the rate of two percent for
each
174.171,000,000 tons, or part of 1,000,000 tons by which the production is less than 42,000,000
174.18tons; or
174.19(2)(i) for the distributions made pursuant to section
298.28, subdivisions 4, paragraphs
174.20(b)
and (c), and 6, paragraph (c), 31.2 percent of the amount distributed pursuant to
this
174.21section and section
298.28, with respect to 1983 production;
174.22(ii) for the distributions made pursuant to section
298.28, subdivision 5, paragraphs (b)
174.23and (d), 75 percent of the amount distributed pursuant to this section and section
298.28,
174.24with respect to 1983 production provided that the aid guarantee for distributions
under
174.25section
298.28, subdivision 5, paragraph (b), shall be reduced by five cents per taxable ton
174.26for production years 2014 and thereafter.
174.27(b) The distribution of the taconite production tax as provided in section
298.28,
174.28subdivision 2
, shall equal the following amount:
174.29(1) if the production for the year prior to the distribution year is at least 42,000,000
174.30taxable tons, the amount distributed pursuant to this section and section
298.28 with respect
174.31to 1999 production; or
175.1(2) if the production for the year prior to the distribution year is less than 42,000,000
175.2taxable tons, the amount distributed pursuant to this section and section
298.28 with respect
175.3to 1999 production, reduced proportionately at the rate of two percent for each 1,000,000
175.4tons or part of 1,000,000 tons by which the production is less than 42,000,000 tons.
175.5new text begin (c) The distribution of the taconite production tax under section new text end
new text begin , subdivision 3, new text end
175.6new text begin paragraph (a), guaranteed under this section is equal to the amount distributed under
section new text end
175.7new text begin 298.28, with respect to 1983 production.new text end
175.8new text begin EFFECTIVE DATE.new text end new text begin This section is effective for distributions in 2018 and thereafter.new text end
175.9 Sec. 11. Minnesota Statutes 2016, section 298.28, subdivision 3, is amended to read:
175.10 Subd. 3. Cities; towns. (a) 12.5 cents per taxable ton, less any amount distributed under
175.11subdivision 8, and paragraph (b), must be allocated to the taconite municipal aid
account
175.12to be distributed as provided in section
298.282.new text begin The amount allocated to the taconite new text end
175.13new text begin municipal aid account must be annually increased in the same proportion as the increase
in new text end
175.14new text begin the implicit price deflator as provided in section new text end
new text begin 298.24, subdivision 1new text end new text begin .new text end
175.15 (b) An amount must be allocated to towns or cities that is annually certified by the
county
175.16auditor of a county containing a taconite tax relief area as defined in section
273.134,
175.17paragraph (b)
, within which there is (1) an organized township if, as of January 2, 1982,
175.18more than 75 percent of the assessed valuation of the township consists of iron ore
or (2) a
175.19city if, as of January 2, 1980, more than 75 percent of the assessed valuation of
the city
175.20consists of iron ore.
175.21 (c) The amount allocated under paragraph (b) will be the portion of a township's or
city's
175.22certified levy equal to the proportion of (1) the difference between 50 percent of
January
175.232, 1982, assessed value in the case of a township and 50 percent of the January 2,
1980,
175.24assessed value in the case of a city and its current assessed value to (2) the sum
of its current
175.25assessed value plus the difference determined in (1), provided that the amount distributed
175.26shall not exceed $55 per capita in the case of a township or $75 per capita in the
case of a
175.27city. For purposes of this limitation, population will be determined according to
the 1980
175.28decennial census conducted by the United States Bureau of the Census. If the current
assessed
175.29value of the township exceeds 50 percent of the township's January 2, 1982, assessed
value,
175.30or if the current assessed value of the city exceeds 50 percent of the city's January
2, 1980,
175.31assessed value, this paragraph shall not apply. For purposes of this paragraph, "assessed
175.32value," when used in reference to years other than 1980 or 1982, means the appropriate
net
175.33tax capacities multiplied by 10.2.
176.1 (d) In addition to other distributions under this subdivision, three cents per taxable
ton
176.2for distributions in 2009 must be allocated for distribution to towns that are entirely
located
176.3within the taconite tax relief area defined in section
273.134, paragraph (b). For distribution
176.4in 2010 through 2014 and for distribution in 2018 and subsequent years, the three-cent
176.5amount must be annually increased in the same proportion as the increase in the implicit
176.6price deflator as provided in section
298.24, subdivision 1. The amount available under this
176.7paragraph will be distributed to eligible towns on a per capita basis, provided that
no town
176.8may receive more than $50,000 in any year under this paragraph. Any amount of the
176.9distribution that exceeds the $50,000 limitation for a town under this paragraph must
be
176.10redistributed on a per capita basis among the other eligible towns, to whose distributions
176.11do not exceed $50,000.
176.12new text begin EFFECTIVE DATE.new text end new text begin This section is effective for distributions in 2018 and thereafter.new text end
176.13 Sec. 12. new text begin [459.36] NO SPENDING OF PUBLIC MONEY FOR CERTAIN RAIL new text end
176.14new text begin PROJECTS.new text end
176.15new text begin (a) Except as provided in paragraph (b), a governmental unit must not spend or use
any new text end
176.16new text begin money for any costs related to studying the feasibility of, planning for, designing,
new text end
176.17new text begin engineering, acquiring property or constructing facilities for or related to, or development
new text end
176.18new text begin or operation of intercity or interregional passenger rail facilities or operations
between the new text end
176.19new text begin city of Rochester, or locations in its metropolitan area, and any location in the
metropolitan new text end
176.20new text begin area, as defined in section 473.121, subdivision 2.new text end
176.21new text begin (b) The restrictions under this section do not apply to:new text end
176.22new text begin (1) funds the governmental unit obtains from contributions, grants, or other voluntary
new text end
176.23new text begin payments made by nongovernmental entities from private sources; andnew text end
176.24new text begin (2) expenditures for costs of public infrastructure, including public utilities, parking
new text end
176.25new text begin facilities, a multimode transit hub, or similar projects located within the area of
the new text end
176.26new text begin development district, as defined under section 469.40, and reflected in the development
new text end
176.27new text begin plan adopted before the enactment of this section, that are intended to serve, and
that are new text end
176.28new text begin made following the completed construction and commencement of operation of privately
new text end
176.29new text begin financed and operated intercity or interregional passenger rail facilities.new text end
176.30new text begin (c) For purposes of this section, "governmental unit" means any of the following,
located new text end
176.31new text begin in development regions 10 and 11, as designated under section 462.385, subdivision
1:new text end
176.32new text begin (1) statutory or home rule charter city;new text end
176.33new text begin (2) county;new text end
177.1new text begin (3) special taxing district, as defined in section 275.066;new text end
177.2new text begin (4) metropolitan planning organization; ornew text end
177.3new text begin (5) destination medical center entity, which includes the Destination Medical Center
new text end
177.4new text begin Corporation and agency, as those terms are defined in section 469.40, and any successor
or new text end
177.5new text begin related entity.new text end
177.6new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment without new text end
177.7new text begin local approval under Minnesota Statutes, section 645.023, subdivision 1, clause (c).new text end
177.8 Sec. 13. Minnesota Statutes 2016, section 462.353, subdivision 4, is amended to read:
177.9 Subd. 4. Fees. (a) A municipality may prescribe fees sufficient to defray the costs incurred
177.10by it in reviewing, investigating, and administering an application for an amendment
to an
177.11official control established pursuant to sections
462.351 to
462.364 or an application for a
177.12permit or other approval required under an official control established pursuant to
those
177.13sections. Except as provided in subdivision 4a, fees as prescribed must be by ordinance.
177.14Fees must be fair, reasonable, and proportionate and have a nexus to the actual cost
of the
177.15service for which the fee is imposed.
177.16(b) A municipality must adopt management and accounting procedures to ensure that
177.17fees are maintained and used only for the purpose for which they are collected. Upon
request,
177.18a municipality must explain the basis of its fees.
177.19(c) Except as provided in this paragraph, a fee ordinance or amendment to a fee ordinance
177.20is effective January 1 after its adoption. A municipality may adopt a fee ordinance
or an
177.21amendment to a fee ordinance with an effective date other than the next January 1,
but the
177.22ordinance or amendment does not apply if an application for final approval has been
177.23submitted to the municipality.
177.24(d) If a dispute arises over a specific fee imposed by a municipality related to a
specific
177.25application, the person aggrieved by the fee may appeal under section
462.361, provided
177.26that the appeal must be brought within 60 days after approval of an application under
this
177.27section and deposit of the fee into escrow. A municipality must not condition the
approval
177.28of any proposed subdivision or development on an agreement to waive the right to challenge
177.29the validity of a fee. An approved application may proceed as if the fee had been
paid,
177.30pending a decision on the appeal. This paragraph must not be construed to preclude
the
177.31municipality from conditioning approval of any proposed subdivision or development
on
177.32an agreement to waive a challenge to the cost associated with municipally installed
177.33improvements of the type described in section
429.021.
178.1new text begin (e) A municipality may not impose a fee to review or investigate a use if the use
is new text end
178.2new text begin allowed without any permit, approval, or amendment to an official control. This limitation
new text end
178.3new text begin does not apply to a fee for a review or investigation:new text end
178.4new text begin (1) of compliance with health and safety requirements; ornew text end
178.5new text begin (2) that results in finding a violation, unless the finding is overturned on appeal
or a new text end
178.6new text begin penalty, fine, or other charge is imposed for the violation.new text end
178.7new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to fees new text end
178.8new text begin imposed on or after that date.new text end
178.9 Sec. 14. new text begin [473.1467] NO SPENDING FOR CERTAIN RAIL PROJECTS.new text end
178.10new text begin (a) Except as provided in paragraph (b), the council must not spend or use any money
new text end
178.11new text begin for any costs related to studying the feasibility of, planning for, designing, engineering,
new text end
178.12new text begin acquiring property or constructing facilities for or related to, or development or
operation new text end
178.13new text begin of intercity or interregional passenger rail facilities or operations between the
city of new text end
178.14new text begin Rochester or locations in its metropolitan area and any location in the metropolitan
area, as new text end
178.15new text begin defined in section 473.121, subdivision 2.new text end
178.16new text begin (b) The restrictions under this section do not apply to funds the council obtains
from new text end
178.17new text begin contributions, grants, or other voluntary payments made by nongovernmental entities
from new text end
178.18new text begin private sources.new text end
178.19new text begin EFFECTIVE DATE; APPLICATION.new text end new text begin This section is effective the day following new text end
178.20new text begin final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
new text end
178.21new text begin Scott, and Washington.new text end
178.22 Sec. 15. new text begin CLARIFYING AUTHORITY TO USE PREVIOUSLY DISTRIBUTED new text end
178.23new text begin TACONITE TAX PROCEEDS.new text end
178.24new text begin The commissioner of Iron Range resources and rehabilitation may use unspent amounts
new text end
178.25new text begin allocated under Minnesota Statutes 2014, section 298.2961, subdivision 5, clause (19),
new text end
178.26new text begin remaining as of May 22, 2016, for the specific purposes identified in that section.
new text end
178.27new text begin Notwithstanding Minnesota Statutes, section 298.28, subdivision 11, paragraph (a),
or any new text end
178.28new text begin other law to the contrary, interest accrued on this amount shall also be distributed
to the new text end
178.29new text begin recipient. Amounts under this section are available until expended and do not lapse
or cancel new text end
178.30new text begin under Minnesota Statutes, section 16A.28.new text end
178.31new text begin EFFECTIVE DATE.new text end new text begin This section is effective retroactively from May 22, 2016.new text end
179.1 Sec. 16. new text begin CITY OF TAYLORS FALLS; DEVELOPMENT ZONE.new text end
179.2 new text begin Subdivision 1.new text end new text begin Authorization.new text end new text begin The governing body of the city of Taylors Falls may new text end
179.3new text begin designate all or any part of the city as a development zone under Minnesota Statutes,
section new text end
179.4new text begin 469.1731.new text end
179.5 new text begin Subd. 2.new text end new text begin Application of general law.new text end new text begin (a) Minnesota Statutes, sections 469.1731 to new text end
179.6new text begin 469.1735, apply to the development zones designated under this section. The governing
new text end
179.7new text begin body of the city may exercise the powers granted under Minnesota Statutes, sections
469.1731 new text end
179.8new text begin to 469.1735, including powers that apply outside of the zones.new text end
179.9new text begin (b) The allocation under subdivision 3 for purposes of Minnesota Statutes, section
new text end
179.10new text begin 469.1735, subdivision 2, is appropriated to the commissioner of revenue.new text end
179.11 new text begin Subd. 3.new text end new text begin Allocation of state tax reductions.new text end new text begin (a) The cumulative total amount of the new text end
179.12new text begin state portion of the tax reductions for all years of the program under Minnesota Statutes,
new text end
179.13new text begin sections 469.1731 to 469.1735, for the city of Taylors Falls, is limited to $100,000.
To new text end
179.14new text begin provide the authority under this section, the amount of the allocation for border
cities under new text end
179.15new text begin Minnesota Statutes, section 469.169, in this act is reduced by $100,000.new text end
179.16new text begin (b) This allocation may be used for tax reductions provided in Minnesota Statutes,
section new text end
179.17new text begin 469.1732 or 469.1734, or for reimbursements under Minnesota Statutes, section 469.1735,
new text end
179.18new text begin subdivision 3, but only if the governing body of the city of Taylors Falls determines
that new text end
179.19new text begin the tax reduction or offset is necessary to enable a business to expand within the
city or to new text end
179.20new text begin attract a business to the city.new text end
179.21new text begin (c) The commissioner of revenue may waive the limit under this subdivision using the
new text end
179.22new text begin same rules and standards provided in Minnesota Statutes, section 469.169, subdivision
12, new text end
179.23new text begin paragraph (b).new text end
179.24new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2017, and does not require local new text end
179.25new text begin approval pursuant to Minnesota Statutes, section 645.023, subdivision 1, paragraph
(a).new text end
179.26 Sec. 17. new text begin REPEALER.new text end
179.27new text begin (a)new text end new text begin Minnesota Statutes 2016, sections 10A.322, subdivision 4; 13.4967, subdivision 2;
new text end
179.28new text begin and 290.06, subdivision 23,new text end new text begin and new text end new text begin Minnesota Rules, part 4503.1400, subpart 4,new text end new text begin are repealed.new text end
179.29new text begin (b) new text end new text begin Minnesota Statutes 2016, section 477A.20,new text end new text begin is repealed.new text end
179.30new text begin EFFECTIVE DATE.new text end new text begin Paragraph (a) is effective for contributions made after June 30, new text end
179.31new text begin 2017, and refund claims filed after June 30, 2017. Paragraph (b) is effective the
day following new text end
179.32new text begin final enactment.new text end