HF 176

as introduced - 89th Legislature (2015 - 2016) Posted on 01/14/2015 11:10am

A bill for an act
relating to taxation; clarifying the authority for the city of Duluth to use proceeds
from sales taxes on food and beverage and the local lodging tax; amending Laws
1980, chapter 511, sections 1, subdivision 2, as amended; 2, as amended.

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

Section 1.

Laws 1980, chapter 511, section 1, subdivision 2, as amended by Laws 1991,
chapter 291, article 8, section 22, Laws 1998, chapter 389, article 8, section 25, Laws
2003, First Special Session chapter 21, article 8, section 11, Laws 2008, chapter 154,
article 5, section 2, and Laws 2014, chapter 308, article 3, section 21, is amended to read:

Subd. 2.

(a) Notwithstanding Minnesota Statutes, section 477A.016, or any other
law, ordinance, or city charter provision to the contrary, the city of Duluth may, by
ordinance, impose an additional sales tax of up to one and three-quarter percent on sales
transactions which are described in Minnesota Statutes 2000, section 297A.01, subdivision
3, clause (c). The imposition of this tax shall not be subject to voter referendum under
either state law or city charter provisions. When the city council determines that the taxes
imposed under this paragraph at a rate of three-quarters of one percent and other sources
of revenue produce revenue sufficient to pay debt service on bonds in the principal amount
of $40,285,000 plus issuance and discount costs, issued for capital improvements at the
Duluth Entertainment and Convention Center, which include a new arena, the rate of tax
under this subdivision must be reduced by three-quarters of one percent.

(b) In addition to the tax in paragraph (a) and notwithstanding Minnesota Statutes,
section 477A.016, or any other law, ordinance, or city charter provision to the contrary,
the city of Duluth may, by ordinance, impose an additional sales tax of up to one-half of
one percent on sales transactions which are described in Minnesota Statutes 2000, section
297A.01, subdivision 3, clause (c). This tax expires when the city council determines
that the tax imposed under this paragraph, along with the tax imposed under section
22, paragraph (b), has produced revenues sufficient to pay the debt service on bonds
in a principal amount of no more than $18,000,000, plus issuance and discount costs,
to finance capital improvements to public facilities to support tourism and recreational
activities in that portion of the city west of deleted text begin 34th deleted text end new text begin 14th new text end Avenue West.

(c) The city of Duluth may sell and issue up to $18,000,000 in general obligation
bonds under Minnesota Statutes, chapter 475, plus an additional amount to pay for the
costs of issuance and any premiums. The proceeds may be used to finance capital
improvements to public facilities that support tourism and recreational activities in the
portion of the city west of deleted text begin 34th deleted text end new text begin 14th new text end Avenue West, as described in paragraph (b). The
issuance of the bonds is subject to the provisions of Minnesota Statutes, chapter 475,
except no election shall be required unless required by the city charter. The bonds shall
not be included in computing net debt. The revenues from the taxes that the city of Duluth
may impose under paragraph (b) and under section 22, paragraph (b), may be pledged to
pay principal of and interest on such bonds.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing body of
the city of Duluth and its chief clerical officer comply with Minnesota Statutes, section
645.021, subdivisions 2 and 3.
new text end

Sec. 2.

Laws 1980, chapter 511, section 2, as amended by Laws 1998, chapter 389,
article 8, section 26, Laws 2003, First Special Session chapter 21, article 8, section 12, and
Laws 2014, chapter 308, article 3, section 22, is amended to read:

Sec. 22. CITY OF DULUTH; TAX ON RECEIPTS BY HOTELS AND
MOTELS.

(a) Notwithstanding Minnesota Statutes, section 477A.016, or any other law, or
ordinance, or city charter provision to the contrary, the city of Duluth may, by ordinance,
impose an additional tax of one percent upon the gross receipts from the sale of lodging
for periods of less than 30 days in hotels and motels located in the city. The tax shall be
collected in the same manner as the tax set forth in the Duluth city charter, section 54(d),
paragraph one. The imposition of this tax shall not be subject to voter referendum under
either state law or city charter provisions.

(b) In addition to the tax in paragraph (a) and notwithstanding Minnesota Statutes,
section 477A.016, or any other law, ordinance, or city charter provision to the contrary,
the city of Duluth may, by ordinance, impose an additional sales tax of up to one-half
of one percent on the gross receipts from the sale of lodging for periods of less than
30 days in hotels and motels located in the city. This tax expires when the city council
first determines that the tax imposed under this paragraph, along with the tax imposed
under section 21, paragraph (b), has produced revenues sufficient to pay the debt
service on bonds in a principal amount of no more than $18,000,000, plus issuance and
discount costs, to finance capital improvements to public facilities to support tourism and
recreational activities in that portion of the city west of deleted text begin 34th deleted text end new text begin 14th new text end Avenue West.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing body of
the city of Duluth and its chief clerical officer comply with Minnesota Statutes, section
645.021, subdivisions 2 and 3.
new text end