4th Engrossment - 94th Legislature (2025 - 2026)
Posted on 07/18/2025 02:36 p.m.
A bill for an act
relating to commerce; establishing a consumer protection restitution account;
excluding consumer enforcement public compensation payments from certain
calculations of income; classifying certain data as public; requiring a report;
appropriating money; amending Minnesota Statutes 2024, sections 8.31, subdivision
2c; 16A.151, subdivision 2; 290.0132, by adding a subdivision; 290.0693,
subdivision 1; 290A.03, subdivision 3; proposing coding for new law in Minnesota
Statutes, chapter 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2024, section 8.31, subdivision 2c, is amended to read:
If a court of competent jurisdiction finds that a sum recovered under this section
for the benefit of injured persons cannot reasonably be distributed to the victims, because
the victims cannot readily be located or identified, or because the cost of distributing the
money would outweigh the benefit to the victims, then the court deleted text begin may order that the money
be paid into the general fund. All sums recovered must be deposited into the state treasury
and credited to the general funddeleted text end new text begin or attorney general must deposit the money in the consumer
protection restitution account under section 8.37. Consumer enforcement public compensation
that the attorney general attempts to distribute to an eligible consumer, but that is not
redeemed by the consumer within 120 days, may be redeposited in the accountnew text end . new text begin For purposes
of this subdivision, "consumer enforcement public compensation" and "eligible consumer"
have the meanings given in section 8.37, subdivision 2.
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The consumer protection restitution account is
established in the special revenue fund. Money in the account is appropriated annually to
the attorney general for the purposes provided under subdivision 4.
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(a) The definitions in this subdivision apply to this section.
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(b) "Account" means the consumer protection restitution account established under this
section.
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(c) "Account administrator" means a person appointed by the attorney general as an
account administrator under this section.
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(d) "Consumer enforcement action" means litigation in any forum, or settlement of a
matter that could have resulted in litigation, by the attorney general in whole or in part under
(1) the authority of the attorney general provided in section 8.31, or (2) other authority
granted to the attorney general by law to obtain the remedies provided in section 8.31.
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(e) "Consumer enforcement public compensation" means money awarded or recovered
in a consumer enforcement action to vindicate public interests by providing restitution or
other compensation to persons directly impacted by unlawful acts and practices that are the
subject of the consumer enforcement action.
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(f) "Court-appointed administrator" means an administrator appointed by a court under
section 8.31, subdivision 3c.
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(g) "Eligible consumer" means a person who was directly impacted by unlawful acts
and practices that are the subject of a consumer enforcement action and, as a result, is eligible
to receive consumer enforcement public compensation under a final order.
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(h) "Final order" means a judgment, assurance of discontinuance, consent order,
settlement, stipulation, or other order or settlement that is no longer appealable and for
which no appeals are pending. A final order does not include any judgment, assurance of
discontinuance, consent order, settlement, stipulation, or other order or settlement entered
into before July 1, 2023.
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(i) "Identified amount of unpaid consumer enforcement public compensation" means a
specific amount of consumer enforcement public compensation that the attorney general,
court-appointed administrator, or fund administrator has determined a specific eligible
consumer is entitled to receive following a final order in a consumer enforcement action
and that has not been distributed to the specific eligible consumer.
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50 percent of all money recovered by the
attorney general in a consumer enforcement action that is payable to the state and not
designated as consumer enforcement public compensation or for another specific purpose
up to the first $1,000,000 each fiscal year must be deposited into the account. The remaining
50 percent of money recovered by the attorney general in a consumer enforcement action
that is payable to the state and not designated as consumer enforcement public compensation
or for another specific purpose must be deposited into the general fund. For purposes of
this subdivision, the amount of money recovered in a consumer enforcement action that
must be deposited into the fund is determined at the time when the money otherwise would
have been deposited into the general fund.
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Money in the account must be used only to
distribute consumer enforcement action public compensation to eligible consumers under
subdivision 5 and for costs to administer the account. The costs to administer the account
may include the cost to retain for any permissible purpose an account administrator or
court-appointed administrator but must not exceed three percent of the total amount of
money available. The attorney general may pay an account administrator from the account
if the account contains excess money.
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(a) Money in the account may be
distributed to any eligible consumer with an identified amount of unpaid consumer
enforcement public compensation. If the amount of money in the account is insufficient to
pay all distributions to eligible consumers with an identified amount of unpaid consumer
enforcement public compensation, the money must be distributed first to consumers eligible
for unpaid consumer enforcement public compensation based on a consumer enforcement
action with a final order of the oldest date.
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(b) If the attorney general projects that there will be insufficient funding to pay all eligible
consumers from the funds available on an ongoing basis, the attorney general may
recommend to the legislature that the legislature prescribe a formula for prorating or capping
payments to eligible consumers so that more eligible consumers will receive payment from
the fund.
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(a) The attorney general may deem a distribution to an eligible consumer
with an identified amount of unpaid consumer enforcement public compensation impractical
if:
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(1) the distribution to the eligible consumer is too small to justify the cost to locate the
eligible consumer or make the payment;
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(2) the eligible consumer does not redeem a payment within a reasonable time; or
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(3) other circumstances make distributing the unpaid consumer enforcement compensation
to the eligible consumer unreasonable.
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(b) The attorney general may deem an attempt to determine an identified amount of
unpaid consumer enforcement public compensation for some or all eligible consumers
relating to a consumer enforcement action is unreasonable when the judgment, assurance
of discontinuance, consent order, settlement, stipulation, or other order or settlement does
not identify specific amounts of consumer enforcement public compensation for specific
consumers if:
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(1) the number of likely eligible consumers and the amount of likely unpaid consumer
enforcement public compensation is too small to justify the cost to determine an identified
amount of unpaid consumer enforcement public compensation;
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(2) the information needed to identify an amount of unpaid consumer enforcement public
compensation is unavailable or too costly to obtain; or
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(3) other circumstances make an attempt to determine an identified amount of unpaid
consumer enforcement public compensation unreasonable.
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The attorney general must stop providing distributions
of unpaid consumer enforcement public compensation relating to a consumer enforcement
action when the attorney general determines:
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(1) all eligible consumers with an identified amount of unpaid consumer enforcement
public compensation for the consumer enforcement action have received a distribution
through the account or the distribution has been deemed impractical under subdivision 6,
paragraph (a); and
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(2) no additional eligible consumers with unpaid consumer enforcement public
compensation for the consumer enforcement action exist or the attorney general has deemed
identifying unpaid compensation under subdivision 6, paragraph (b), unreasonable.
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(a) The attorney general must publish on the attorney general's
website an annual report identifying the following information for the annual period:
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(1) the consumer enforcement actions resulting in payment of money to the account and
the amount of money paid to the account for each consumer enforcement action;
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(2) the consumer enforcement actions for which distributions were made to eligible
consumers, the amount of money distributed for each consumer enforcement action, and
the amount of money distributed to each eligible consumer;
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(3) the consumer enforcement actions for which there are eligible consumers awaiting
distribution from the account and the amount of money for which those eligible consumers
are awaiting distribution for each consumer enforcement action;
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(4) the consumer enforcement actions for which the attorney general has concluded
account distribution;
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(5) the consumer enforcement actions in which the attorney general determined that
some or all eligible compensation was impractical to distribute or unreasonable to determine
under subdivision 6;
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(6) a summary of the unlawful acts and practices that directly impacted an eligible
consumer and a description of the public interests vindicated by a distribution from the
account;
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(7) all administrative policies that apply to the account, including any policies that
determine priorities for distribution of money;
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(8) the number of employees working on the account; and
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(9) the cost incurred to administer the account.
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(b) The attorney general must provide the report to the chairs and ranking minority
members of the legislative committees with jurisdiction over state government, commerce,
and judiciary.
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(a) The attorney general may appoint an administrator
for any of the following purposes:
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(1) determining identified amounts of unpaid consumer enforcement public compensation
for eligible consumers;
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(2) collecting money that can be deposited, in whole or in part, to the account;
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(3) distributing money to eligible consumers; or
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(4) any other costs to administer the account.
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(b) The attorney general may appoint more than one account administrator.
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A person does not have a private right of action
with respect to a payment from the account or administration of the account.
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The distribution of money from the account
to eligible consumers does not affect the attorney general's authority to collect, satisfy, or
enforce final orders against persons ordered to pay consumer enforcement public
compensation to eligible consumers in the final order. To the extent the attorney general
collects consumer enforcement public compensation pursuant to a final order after money
has been distributed from the account to eligible consumers that are the subject of that final
order, the collected consumer enforcement public compensation must be deposited in the
account in an amount equal to the prior account distribution.
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Notwithstanding section 13.65, informal or formal policies
relating to the account are public data on individuals, as defined in section 13.02, subdivision
15, and public data not on individuals, as defined by section 13.02, subdivision 14.
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Minnesota Statutes 2024, section 16A.151, subdivision 2, is amended to read:
(a) If a state official litigates or settles a matter on behalf of specific
injured persons or entities, this section does not prohibit distribution of money to the specific
injured persons or entities on whose behalf the litigation or settlement efforts were initiated.
If money recovered on behalf of injured persons or entities cannot reasonably be distributed
to those persons or entities because they cannot readily be located or identified or because
the cost of distributing the money would outweigh the benefit to the persons or entities, the
money must be paid into the general fund.
(b) Money recovered on behalf of a fund in the state treasury other than the general fund
may be deposited in that fund.
(c) This section does not prohibit a state official from distributing money to a person or
entity other than the state in litigation or potential litigation in which the state is a defendant
or potential defendant.
(d) State agencies may accept funds as directed by a federal court for any restitution or
monetary penalty under United States Code, title 18, section 3663(a)(3), or United States
Code, title 18, section 3663A(a)(3). Funds received must be deposited in a special revenue
account and are appropriated to the commissioner of the agency for the purpose as directed
by the federal court.
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(e) Tobacco settlement revenues as defined in section 16A.98, subdivision 1, paragraph
(t), may be deposited as provided in section 16A.98, subdivision 12.
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deleted text begin (f)deleted text end new text begin (e)new text end Any money received by the state resulting from a settlement agreement or an
assurance of discontinuance entered into by the attorney general of the state, or a court order
in litigation brought by the attorney general of the state, on behalf of the state or a state
agency, related to alleged violations of consumer fraud laws in the marketing, sale, or
distribution of opioids in this state or other alleged illegal actions that contributed to the
excessive use of opioids, must be deposited in the settlement account established in the
opiate epidemic response fund under section 256.043, subdivision 1. This paragraph does
not apply to attorney fees and costs awarded to the state or the Attorney General's Office,
to contract attorneys hired by the state or Attorney General's Office, or to other state agency
attorneys.
deleted text begin (g)deleted text end new text begin (f)new text end Notwithstanding paragraph deleted text begin (f)deleted text end new text begin (e)new text end , if money is received from a settlement
agreement or an assurance of discontinuance entered into by the attorney general of the
state or a court order in litigation brought by the attorney general of the state on behalf of
the state or a state agency against a consulting firm working for an opioid manufacturer or
opioid wholesale drug distributor, the commissioner shall deposit any money received into
the settlement account established within the opiate epidemic response fund under section
256.042, subdivision 1. Notwithstanding section 256.043, subdivision 3a, paragraph (a),
any amount deposited into the settlement account in accordance with this paragraph shall
be appropriated to the commissioner of human services to award as grants as specified by
the opiate epidemic response advisory council in accordance with section 256.043,
subdivision 3a, paragraph (e).
deleted text begin (h)deleted text end new text begin (g)new text end If the Minnesota Pollution Control Agency, through litigation or settlement of a
matter that could have resulted in litigation, recovers $250,000 or more in a civil penalty
from violations of a permit issued by the agency, then 40 percent of the money recovered
must be distributed to the community health board, as defined in section 145A.02, where
the permitted facility is located. Within 30 days of a final court order in the litigation or the
effective date of the settlement agreement, the commissioner of the Minnesota Pollution
Control Agency must notify the applicable community health board that the litigation has
concluded or a settlement has been reached. The commissioner must collect the money and
transfer it to the applicable community health board. The community health board must
meet directly with the residents potentially affected by the pollution that was the subject of
the litigation or settlement to identify the residents' concerns and incorporate those concerns
into a project that benefits the residents. The project must be implemented by the community
health board and funded as directed in this paragraph. The community health board may
recover the reasonable costs it incurs to administer this paragraph from the funds transferred
to the board under this paragraph. This paragraph directs the transfer and use of money only
and does not create a right of intervention in the litigation or settlement of the enforcement
action for any person or entity. A supplemental environmental project funded as part of a
settlement agreement is not part of a civil penalty and must not be included in calculating
the amount of funds required to be distributed to a community health board under this
paragraph. For the purposes of this paragraph, "supplemental environmental project" means
a project that benefits the environment or public health that a regulated facility agrees to
undertake, though not legally required to do so, as part of a settlement with respect to an
enforcement action taken by the Minnesota Pollution Control Agency to resolve
noncompliance.
deleted text begin (i)deleted text end new text begin (h)new text end A community health board receiving a transfer of funds under paragraph deleted text begin (h)deleted text end new text begin (g)new text end
must, no later than one year after receiving the funds, submit a report to the chairs and
ranking minority members of the senate and house of representatives committees with
primary jurisdiction over environment policy and natural resources that describes:
(1) the process of community engagement employed to solicit community input regarding
the use of the funds;
(2) the purposes and activities for which the funds were used; and
(3) an account of expenditures.
deleted text begin (j)deleted text end new text begin (i)new text end The commissioner of the Minnesota Pollution Control Agency must submit a
report in September each even-numbered year, beginning in 2024, to the chairs and ranking
minority members of the senate and house of representatives committees with primary
jurisdiction over environmental policy and natural resources that includes:
(1) the amount transferred under paragraph deleted text begin (h)deleted text end new text begin (g)new text end to each community health board
during the previous two years; and
(2) any agency services provided to the community health board or community residents
during the duration of the project funded by the transfer, and the cost of those agency
services, for consideration by the legislature for future appropriations that address
reimbursement of the amount of the transfers and the cost of services provided by the agency.
deleted text begin (k)deleted text end new text begin (j)new text end Any money received by the state resulting from a settlement agreement or an
assurance of discontinuance entered into by the attorney general of the state, or a court order
in litigation brought by the attorney general of the state on behalf of the state or a state
agency related to alleged violations of consumer fraud laws in the marketing, sale, or
distribution of electronic nicotine delivery systems in this state or other alleged illegal
actions that contributed to the exacerbation of youth nicotine use, must be deposited in the
tobacco use prevention account under section 144.398. This paragraph does not apply to:
(1) attorney fees and costs awarded or paid to the state or the Attorney General's Office; (2)
contract attorneys hired by the state or Attorney General's Office; or (3) other state agency
attorneys. The commissioner of management and budget must transfer to the tobacco use
prevention account, any money subject to this paragraph that is received by the state before
May 24, 2023.
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(k) This section does not apply to money deposited in the consumer protection restitution
account under section 8.37.
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Minnesota Statutes 2024, section 290.0132, is amended by adding a subdivision
to read:
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The amount of
consumer enforcement public compensation received as a distribution to an eligible consumer
under section 8.37, subdivision 5, is a subtraction.
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This section is effective for taxable years beginning after December
31, 2024.
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Minnesota Statutes 2024, section 290.0693, subdivision 1, is amended to read:
(a) For the purposes of this section, the following terms have
the meanings given.
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(b) "Combined exemption amount" means the sum of:
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(1) for the taxpayer's first dependent, the exemption amount multiplied by 1.4;
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(2) for the taxpayer's second dependent, the exemption amount multiplied by 1.3;
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(3) for the taxpayer's third dependent, the exemption amount multiplied by 1.2;
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(4) for the taxpayer's fourth dependent, the exemption amount multiplied by 1.1;
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(5) for the taxpayer's fifth dependent, the exemption amount; and
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(6) if the taxpayer or taxpayer's spouse had a disability or attained the age of 65 on or
before the close of the taxable year, the exemption amount.
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deleted text begin (b)deleted text end new text begin (c)new text end "Dependent" means any individual who is considered a dependent under sections
151 and 152 of the Internal Revenue Code.
deleted text begin (c)deleted text end new text begin (d)new text end "Disability" has the meaning given in section 290A.03, subdivision 10.
deleted text begin (d)deleted text end new text begin (e)new text end "Exemption amount" means the exemption amount under section 290.0121,
subdivision 1, paragraph (b).
deleted text begin (e)deleted text end new text begin (f)new text end "Gross rent" means rent paid for the right of occupancy, at arm's length, of a
homestead, exclusive of charges for any medical services furnished by the landlord as a
part of the rental agreement, whether expressly set out in the rental agreement or not. The
gross rent of a resident of a nursing home or intermediate care facility is $600 per month.
The gross rent of a resident of an adult foster care home is $930 per month. The commissioner
shall annually adjust the amounts in this paragraph as provided in section 270C.22. The
statutory year is 2023. If the landlord and tenant have not dealt with each other at arm's
length and the commissioner determines that the gross rent charged was excessive, the
commissioner may adjust the gross rent to a reasonable amount for purposes of this section.
deleted text begin (f)deleted text end new text begin (g)new text end "Homestead" has the meaning given in section 290A.03, subdivision 6.
deleted text begin (g)deleted text end new text begin (h)new text end "Household" has the meaning given in section 290A.03, subdivision 4.
deleted text begin (h)deleted text end new text begin (i)new text end "Household income" means all income received by all persons of a household in
a taxable year while members of the household, other than income of a dependent.
deleted text begin (i)deleted text end new text begin (j)new text end "Income" means adjusted gross income, minus:
(1) deleted text begin for the taxpayer's first dependent, the exemption amount multiplied by 1.4deleted text end new text begin the
taxpayer's combined exemption amountnew text end ;new text begin and
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(2) deleted text begin for the taxpayer's second dependent, the exemption amount multiplied by 1.3;deleted text end new text begin the
amount of consumer enforcement public compensation subtracted under section 290.0132,
subdivision 36.
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(3) for the taxpayer's third dependent, the exemption amount multiplied by 1.2;
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(4) for the taxpayer's fourth dependent, the exemption amount multiplied by 1.1;
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(5) for the taxpayer's fifth dependent, the exemption amount; and
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(6) if the taxpayer or taxpayer's spouse had a disability or attained the age of 65 on or
before the close of the taxable year, the exemption amount.
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deleted text begin (j)deleted text end new text begin (k)new text end "Rent constituting property taxes" means 17 percent of the gross rent actually
paid in cash, or its equivalent, or the portion of rent paid in lieu of property taxes, in any
taxable year by a claimant for the right of occupancy of the claimant's Minnesota homestead
in the taxable year, and which rent constitutes the basis, in the succeeding taxable year of
a claim for a credit under this section by the claimant. If an individual occupies a homestead
with another person or persons not related to the individual as the individual's spouse or as
dependents, and the other person or persons are residing at the homestead under a rental or
lease agreement with the individual, the amount of rent constituting property tax for the
individual equals that portion not covered by the rental agreement.
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This section is effective for taxable years beginning after December
31, 2024.
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Minnesota Statutes 2024, section 290A.03, subdivision 3, is amended to read:
(a) "Income" means the sum of the following:
(1) federal adjusted gross income as defined in the Internal Revenue Code; and
(2) the sum of the following amounts to the extent not included in clause (1):
(i) all nontaxable income;
(ii) the amount of a passive activity loss that is not disallowed as a result of section 469,
paragraph (i) or (m) of the Internal Revenue Code and the amount of passive activity loss
carryover allowed under section 469(b) of the Internal Revenue Code;
(iii) an amount equal to the total of any discharge of qualified farm indebtedness of a
solvent individual excluded from gross income under section 108(g) of the Internal Revenue
Code;
(iv) cash public assistance and relief;
(v) any pension or annuity (including railroad retirement benefits, all payments received
under the federal Social Security Act, Supplemental Security Income, and veterans benefits),
which was not exclusively funded by the claimant or spouse, or which was funded exclusively
by the claimant or spouse and which funding payments were excluded from federal adjusted
gross income in the years when the payments were made;
(vi) interest received from the federal or a state government or any instrumentality or
political subdivision thereof;
(vii) workers' compensation;
(viii) nontaxable strike benefits;
(ix) the gross amounts of payments received in the nature of disability income or sick
pay as a result of accident, sickness, or other disability, whether funded through insurance
or otherwise;
(x) a lump-sum distribution under section 402(e)(3) of the Internal Revenue Code of
1986, as amended through December 31, 1995;
(xi) contributions made by the claimant to an individual retirement account, including
a qualified voluntary employee contribution; simplified employee pension plan;
self-employed retirement plan; cash or deferred arrangement plan under section 401(k) of
the Internal Revenue Code; or deferred compensation plan under section 457 of the Internal
Revenue Code, to the extent the sum of amounts exceeds the retirement base amount for
the claimant and spouse;
(xii) to the extent not included in federal adjusted gross income, distributions received
by the claimant or spouse from a traditional or Roth style retirement account or plan;
(xiii) nontaxable scholarship or fellowship grants;
(xiv) alimony received to the extent not included in the recipient's income;
(xv) the amount of deduction allowed under section 220 or 223 of the Internal Revenue
Code;
(xvi) the amount deducted for tuition expenses under section 222 of the Internal Revenue
Code; and
(xvii) the amount deducted for certain expenses of elementary and secondary school
teachers under section 62(a)(2)(D) of the Internal Revenue Code.
In the case of an individual who files an income tax return on a fiscal year basis, the
term "federal adjusted gross income" shall mean federal adjusted gross income reflected in
the fiscal year ending in the calendar year. Federal adjusted gross income shall not be reduced
by the amount of a net operating loss carryback or carryforward or a capital loss carryback
or carryforward allowed for the year.
(b) "Income" does not include:
(1) amounts excluded pursuant to the Internal Revenue Code, sections 101(a) and 102;
(2) amounts of any pension or annuity which was exclusively funded by the claimant
or spouse and which funding payments were not excluded from federal adjusted gross
income in the years when the payments were made;
(3) to the extent included in federal adjusted gross income, amounts contributed by the
claimant or spouse to a traditional or Roth style retirement account or plan, but not to exceed
the retirement base amount reduced by the amount of contributions excluded from federal
adjusted gross income, but not less than zero;
(4) surplus food or other relief in kind supplied by a governmental agency;
(5) relief granted under this chapter;
(6) child support payments received under a temporary or final decree of dissolution or
legal separation;
(7) restitution payments received by eligible individuals and excludable interest as
defined in section 803 of the Economic Growth and Tax Relief Reconciliation Act of 2001,
Public Law 107-16;
(8) alimony paid; deleted text begin or
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(9) veterans disability compensation paid under title 38 of the United States Codenew text begin ; or
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new text begin (10) to the extent included in federal adjusted gross income, the amount of consumer
enforcement public compensation received as a distribution to an eligible consumer under
section 8.37, subdivision 5new text end .
(c) The sum of the following amounts may be subtracted from income:
(1) for the claimant's first dependent, the exemption amount multiplied by 1.4;
(2) for the claimant's second dependent, the exemption amount multiplied by 1.3;
(3) for the claimant's third dependent, the exemption amount multiplied by 1.2;
(4) for the claimant's fourth dependent, the exemption amount multiplied by 1.1;
(5) for the claimant's fifth dependent, the exemption amount; and
(6) if the claimant or claimant's spouse had a disability or attained the age of 65 on or
before December 31 of the year for which the taxes were levied, the exemption amount.
(d) For purposes of this subdivision, the following terms have the meanings given:
(1) "exemption amount" means the exemption amount under section 290.0121,
subdivision 1, paragraph (b), for the taxable year for which the income is reported;
(2) "retirement base amount" means the deductible amount for the taxable year for the
claimant and spouse under section 219(b)(5)(A) of the Internal Revenue Code, adjusted for
inflation as provided in section 219(b)(5)(C) of the Internal Revenue Code, without regard
to whether the claimant or spouse claimed a deduction; and
(3) "traditional or Roth style retirement account or plan" means retirement plans under
sections 401, 403, 408, 408A, and 457 of the Internal Revenue Code.
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This section is effective for claims based on property taxes payable
in 2026 and following years.
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