HF 3631

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to taxation; exempting sales to political 
  1.3             subdivisions from sales tax; amending Minnesota 
  1.4             Statutes 1996, section 297A.47; Minnesota Statutes 
  1.5             1997 Supplement, section 297A.25, subdivision 11. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.8   297A.25, subdivision 11, is amended to read: 
  1.9      Subd. 11.  [SALES TO GOVERNMENT.] The gross receipts from 
  1.10  all sales, including sales in which title is retained by a 
  1.11  seller or a vendor or is assigned to a third party under an 
  1.12  installment sale or lease purchase agreement under section 
  1.13  465.71, of tangible personal property to, and all storage, use 
  1.14  or consumption of such property by, the United States and its 
  1.15  agencies and instrumentalities, the University of Minnesota, 
  1.16  state universities, community colleges, technical colleges, 
  1.17  state academies, the Lola and Rudy Perpich Minnesota center for 
  1.18  arts education, and school districts, and other political 
  1.19  subdivisions of the state are exempt. 
  1.20     As used in this subdivision, "school districts" means 
  1.21  public school entities and districts of every kind and nature 
  1.22  organized under the laws of the state of Minnesota, including, 
  1.23  without limitation, school districts, intermediate school 
  1.24  districts, education districts, service cooperatives, secondary 
  1.25  vocational cooperative centers, special education cooperatives, 
  2.1   joint purchasing cooperatives, telecommunication cooperatives, 
  2.2   regional management information centers, and any instrumentality 
  2.3   of a school district, as defined in section 471.59. 
  2.4      Sales exempted by this subdivision include sales under 
  2.5   section 297A.01, subdivision 3, paragraph (f).  
  2.6      Sales to hospitals and nursing homes owned and operated by 
  2.7   political subdivisions of the state are exempt under this 
  2.8   subdivision.  
  2.9      The sales to and exclusively for the use of libraries of 
  2.10  books, periodicals, audio-visual materials and equipment, 
  2.11  photocopiers for use by the public, and all cataloguing and 
  2.12  circulation equipment, and cataloguing and circulation software 
  2.13  for library use are exempt under this subdivision.  For purposes 
  2.14  of this paragraph "libraries" means libraries as defined in 
  2.15  section 134.001, county law libraries under chapter 134A, the 
  2.16  state library under section 480.09, and the legislative 
  2.17  reference library. 
  2.18     Sales of supplies and equipment used in the operation of an 
  2.19  ambulance service owned and operated by a political subdivision 
  2.20  of the state are exempt under this subdivision provided that the 
  2.21  supplies and equipment are used in the course of providing 
  2.22  medical care.  Sales to a political subdivision of repair and 
  2.23  replacement parts for emergency rescue vehicles and fire trucks 
  2.24  and apparatus are exempt under this subdivision.  
  2.25     Sales to a political subdivision of machinery and 
  2.26  equipment, except for motor vehicles, used directly for mixed 
  2.27  municipal solid waste management services at a solid waste 
  2.28  disposal facility as defined in section 115A.03, subdivision 10, 
  2.29  are exempt under this subdivision.  
  2.30     Sales to political subdivisions of chore and homemaking 
  2.31  services to be provided to elderly or disabled individuals are 
  2.32  exempt. 
  2.33     Sales of telephone services to the department of 
  2.34  administration that are used to provide telecommunications 
  2.35  services through the intertechnologies revolving fund are exempt 
  2.36  under this subdivision. 
  3.1      This exemption shall not apply to building, construction or 
  3.2   reconstruction materials purchased by a contractor or a 
  3.3   subcontractor as a part of a lump-sum contract or similar type 
  3.4   of contract with a guaranteed maximum price covering both labor 
  3.5   and materials for use in the construction, alteration, or repair 
  3.6   of a building or facility.  This exemption does not apply to 
  3.7   construction materials purchased by tax exempt entities or their 
  3.8   contractors to be used in constructing buildings or facilities 
  3.9   which will not be used principally by the tax exempt entities. 
  3.10     This exemption does not apply to the leasing of a motor 
  3.11  vehicle as defined in section 297B.01, subdivision 5, except for 
  3.12  leases entered into by the United States or its agencies or 
  3.13  instrumentalities.  
  3.14     The tax imposed on sales to political subdivisions of the 
  3.15  state under this section applies to all political subdivisions 
  3.16  other than those explicitly exempted under this subdivision, 
  3.17  notwithstanding section 115A.69, subdivision 6, 116A.25, 
  3.18  360.035, 458A.09, 458A.30, 458D.23, 469.101, subdivision 2, 
  3.19  469.127, 473.448, 473.545, or 473.608 or any other law to the 
  3.20  contrary enacted before 1992. 
  3.21     Sales exempted by this subdivision include sales made to 
  3.22  other states or political subdivisions of other states, if the 
  3.23  sale would be exempt from taxation if it occurred in that state, 
  3.24  but do not include sales under section 297A.01, subdivision 3, 
  3.25  paragraphs (c) and (e). 
  3.26     Sec. 2.  Minnesota Statutes 1996, section 297A.47, is 
  3.27  amended to read: 
  3.28     297A.47 [REPORTING OF SALES TAX ON MINNESOTA GOVERNMENTS.] 
  3.29     The commissioner shall estimate the amount of revenues 
  3.30  derived from imposing the tax under this chapter on state 
  3.31  agencies and chapter 297B on state agencies and political 
  3.32  subdivisions for each fiscal year and shall report this amount 
  3.33  to the commissioner of finance before the time for filing 
  3.34  reports for the fiscal year with the United States Department of 
  3.35  Commerce.  The commissioner of finance in reporting the sales 
  3.36  tax and sales tax on motor vehicles collections to the United 
  4.1   States Department of Commerce shall exclude this amount from the 
  4.2   sales and motor vehicle collections.  Sales tax and Sales tax on 
  4.3   motor vehicles revenues received from political subdivisions 
  4.4   must be reported as intergovernmental grants or similar 
  4.5   intergovernmental revenue.  The amount of the sales tax and 
  4.6   sales tax on motor vehicles paid by state agencies must be 
  4.7   reported as reduced state expenditures. 
  4.8      Sec. 3.  [EFFECTIVE DATE.] 
  4.9      Sections 1 and 2 are effective for sales after June 30, 
  4.10  1998.