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Capital IconMinnesota Legislature

HF 398

as introduced - 87th Legislature (2011 - 2012) Posted on 02/07/2011 09:57am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to property taxation; eliminating all property tax aid and credit programs
except those paid directly to the taxpayer; enhancing the homeowner property tax
refund program; terminating all maintenance of effort requirements; abolishing
prohibition against local sales taxes; eliminating metro and iron range fiscal
disparities programs; repealing levy limits; repealing green acres, rural preserves,
and metropolitan agricultural preserves; amending Minnesota Statutes 2010,
sections 275.77, by adding a subdivision; 290A.04, subdivisions 2, 4; repealing
Minnesota Statutes 2010, sections 6.91, subdivision 4; 40A.151, subdivision 2;
40A.152, subdivision 2; 69.021, subdivisions 4, 5, 6, 7, 7a, 8, 9, 10, 11; 270C.19,
subdivision 4; 273.111, subdivisions 1, 2, 3, 3a, 4, 5, 8, 9, 9a, 10, 11, 11a, 12,
13, 14, 15, 16; 273.113; 273.114; 273.119; 273.1233, subdivision 3; 273.1234;
273.135, subdivisions 1, 2, 3, 5; 273.1384; 273.1385; 273.1391, subdivisions
1, 2, 3, 4, 5; 273.1398, subdivisions 1, 2d, 3, 3a, 4, 4b, 6, 8; 275.295; 275.70;
275.71, subdivisions 1, 2, 4, 5, 6; 275.72; 275.73; 275.74; 275.75; 275.77,
subdivision 2; 276A.01; 276A.02; 276A.03; 276A.04; 276A.05; 276A.06;
276A.07; 276A.08; 276A.09; 290C.07; 290C.08; 298.018; 298.285; 423A.02;
473F.001; 473F.01; 473F.02, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 10, 12, 13, 14, 15,
21, 22, 23, 24; 473F.03; 473F.05; 473F.06; 473F.07; 473F.08, subdivisions 1, 2,
3, 3a, 3b, 4, 5, 5a, 6, 7a, 8a, 10; 473F.09; 473F.10; 473F.11; 473F.13, subdivision
1; 473H.01; 473H.02, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10; 473H.03; 473H.04;
473H.05, subdivisions 1, 2, 4; 473H.06; 473H.07; 473H.08; 473H.09; 473H.10;
473H.11; 473H.12; 473H.14; 473H.15; 473H.16; 473H.17; 473H.18; 477A.011,
subdivisions 1, 1a, 1b, 2a, 3, 19, 20, 21, 27, 29, 30, 31, 32, 33, 34, 35, 36, 38,
39, 40, 41, 42, 43; 477A.0124; 477A.013, subdivisions 1, 8, 9, 10; 477A.0133;
477A.014, subdivisions 1, 2, 3; 477A.015; 477A.016; 477A.03, subdivisions 2,
2a, 2b; 477A.11; 477A.12; 477A.13; 477A.14; 477A.145; 477A.15; 477A.16;
477A.17.

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

Section 1.

Minnesota Statutes 2010, section 275.77, is amended by adding a
subdivision to read:


new text begin Subd. 3. new text end

new text begin Termination of maintenance of effort requirements. new text end

new text begin Notwithstanding
any other provision of law, all maintenance of effort or matching fund requirements shall
cease to be effective after December 31, 2011, except in those cases where the spending
is required by federal law and there would be a cost to the state budget without the
requirement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2012.
new text end

Sec. 2.

Minnesota Statutes 2010, section 290A.04, subdivision 2, is amended to read:


Subd. 2.

Homeowners.

A claimant whose property taxes payable are in excess
of the percentage of the household income stated below shall pay an amount equal to
the percent of income shown for the appropriate household income level along with the
percent to be paid by the claimant of the remaining amount of property taxes payable.
The state refund equals the amount of property taxes payable that remain, up to the state
refund amount shown below.

deleted text begin Household Income
deleted text end
deleted text begin Percent of Income
deleted text end
deleted text begin Percent Paid by
Claimant
deleted text end
deleted text begin Maximum
State
Refund
deleted text end
deleted text begin $0 to 1,189
deleted text end
deleted text begin 1.0 percent
deleted text end
deleted text begin 15 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 1,850
deleted text end
deleted text begin 1,190 to 2,379
deleted text end
deleted text begin 1.1 percent
deleted text end
deleted text begin 15 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 1,850
deleted text end
deleted text begin 2,380 to 3,589
deleted text end
deleted text begin 1.2 percent
deleted text end
deleted text begin 15 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 1,800
deleted text end
deleted text begin 3,590 to 4,789
deleted text end
deleted text begin 1.3 percent
deleted text end
deleted text begin 20 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 1,800
deleted text end
deleted text begin 4,790 to 5,979
deleted text end
deleted text begin 1.4 percent
deleted text end
deleted text begin 20 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 1,730
deleted text end
deleted text begin 5,980 to 8,369
deleted text end
deleted text begin 1.5 percent
deleted text end
deleted text begin 20 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 1,730
deleted text end
deleted text begin 8,370 to 9,559
deleted text end
deleted text begin 1.6 percent
deleted text end
deleted text begin 25 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 1,670
deleted text end
deleted text begin 9,560 to 10,759
deleted text end
deleted text begin 1.7 percent
deleted text end
deleted text begin 25 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 1,670
deleted text end
deleted text begin 10,760 to 11,949
deleted text end
deleted text begin 1.8 percent
deleted text end
deleted text begin 25 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 1,610
deleted text end
deleted text begin 11,950 to 13,139
deleted text end
deleted text begin 1.9 percent
deleted text end
deleted text begin 30 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 1,610
deleted text end
deleted text begin 13,140 to 14,349
deleted text end
deleted text begin 2.0 percent
deleted text end
deleted text begin 30 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 1,540
deleted text end
deleted text begin 14,350 to 16,739
deleted text end
deleted text begin 2.1 percent
deleted text end
deleted text begin 30 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 1,540
deleted text end
deleted text begin 16,740 to 17,929
deleted text end
deleted text begin 2.2 percent
deleted text end
deleted text begin 35 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 1,480
deleted text end
deleted text begin 17,930 to 19,119
deleted text end
deleted text begin 2.3 percent
deleted text end
deleted text begin 35 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 1,480
deleted text end
deleted text begin 19,120 to 20,319
deleted text end
deleted text begin 2.4 percent
deleted text end
deleted text begin 35 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 1,420
deleted text end
deleted text begin 20,320 to 25,099
deleted text end
deleted text begin 2.5 percent
deleted text end
deleted text begin 40 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 1,420
deleted text end
deleted text begin 25,100 to 28,679
deleted text end
deleted text begin 2.6 percent
deleted text end
deleted text begin 40 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 1,360
deleted text end
deleted text begin 28,680 to 35,849
deleted text end
deleted text begin 2.7 percent
deleted text end
deleted text begin 40 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 1,360
deleted text end
deleted text begin 35,850 to 41,819
deleted text end
deleted text begin 2.8 percent
deleted text end
deleted text begin 45 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 1,240
deleted text end
deleted text begin 41,820 to 47,799
deleted text end
deleted text begin 3.0 percent
deleted text end
deleted text begin 45 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 1,240
deleted text end
deleted text begin 47,800 to 53,779
deleted text end
deleted text begin 3.2 percent
deleted text end
deleted text begin 45 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 1,110
deleted text end
deleted text begin 53,780 to 59,749
deleted text end
deleted text begin 3.5 percent
deleted text end
deleted text begin 50 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 990
deleted text end
deleted text begin 59,750 to 65,729
deleted text end
deleted text begin 3.5 percent
deleted text end
deleted text begin 50 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 870
deleted text end
deleted text begin 65,730 to 69,319
deleted text end
deleted text begin 3.5 percent
deleted text end
deleted text begin 50 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 740
deleted text end
deleted text begin 69,320 to 71,719
deleted text end
deleted text begin 3.5 percent
deleted text end
deleted text begin 50 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 610
deleted text end
deleted text begin 71,720 to 74,619
deleted text end
deleted text begin 3.5 percent
deleted text end
deleted text begin 50 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 500
deleted text end
deleted text begin 74,620 to 77,519
deleted text end
deleted text begin 3.5 percent
deleted text end
deleted text begin 50 percent
deleted text end
deleted text begin $
deleted text end
deleted text begin 370
deleted text end
new text begin Household Income
new text end
new text begin Percent of Income
new text end
new text begin Percent Paid by
Claimant
new text end
new text begin Maximum
State
Refund
new text end
new text begin $0 to 1,519
new text end
new text begin 1.0 percent
new text end
new text begin 15 percent
new text end
new text begin $
new text end
new text begin 2,610
new text end
new text begin 1,520 to 3,049
new text end
new text begin 1.1 percent
new text end
new text begin 15 percent
new text end
new text begin $
new text end
new text begin 2,610
new text end
new text begin 3,050 to 4,599
new text end
new text begin 1.2 percent
new text end
new text begin 15 percent
new text end
new text begin $
new text end
new text begin 2,530
new text end
new text begin 4,600 to 6,129
new text end
new text begin 1.3 percent
new text end
new text begin 20 percent
new text end
new text begin $
new text end
new text begin 2,530
new text end
new text begin 6,130 to 7,659
new text end
new text begin 1.4 percent
new text end
new text begin 20 percent
new text end
new text begin $
new text end
new text begin 2,430
new text end
new text begin 7,660 to 10,719
new text end
new text begin 1.5 percent
new text end
new text begin 20 percent
new text end
new text begin $
new text end
new text begin 2,430
new text end
new text begin 10,720 to 12,239
new text end
new text begin 1.6 percent
new text end
new text begin 25 percent
new text end
new text begin $
new text end
new text begin 2,350
new text end
new text begin 12,240 to 13,779
new text end
new text begin 1.7 percent
new text end
new text begin 25 percent
new text end
new text begin $
new text end
new text begin 2,350
new text end
new text begin 13,780 to 15,299
new text end
new text begin 1.8 percent
new text end
new text begin 25 percent
new text end
new text begin $
new text end
new text begin 2,270
new text end
new text begin 15,300 to 16,819
new text end
new text begin 1.9 percent
new text end
new text begin 30 percent
new text end
new text begin $
new text end
new text begin 2,270
new text end
new text begin 16,820 to 18,369
new text end
new text begin 2.0 percent
new text end
new text begin 30 percent
new text end
new text begin $
new text end
new text begin 2,170
new text end
new text begin 18,370 to 21,429
new text end
new text begin 2.1 percent
new text end
new text begin 30 percent
new text end
new text begin $
new text end
new text begin 2,170
new text end
new text begin 21,430 to 22,949
new text end
new text begin 2.2 percent
new text end
new text begin 35 percent
new text end
new text begin $
new text end
new text begin 2,080
new text end
new text begin 22,950 to 24,479
new text end
new text begin 2.3 percent
new text end
new text begin 35 percent
new text end
new text begin $
new text end
new text begin 2,080
new text end
new text begin 24,480 to 26,009
new text end
new text begin 2.4 percent
new text end
new text begin 35 percent
new text end
new text begin $
new text end
new text begin 2,000
new text end
new text begin 26,010 to 32,129
new text end
new text begin 2.5 percent
new text end
new text begin 40 percent
new text end
new text begin $
new text end
new text begin 2,000
new text end
new text begin 32,130 to 45,899
new text end
new text begin 2.5 percent
new text end
new text begin 40 percent
new text end
new text begin $
new text end
new text begin 1,910
new text end
new text begin 45,900 to 61,199
new text end
new text begin 2.5 percent
new text end
new text begin 45 percent
new text end
new text begin $
new text end
new text begin 1,750
new text end
new text begin 61,200 to 68,849
new text end
new text begin 2.5 percent
new text end
new text begin 45 percent
new text end
new text begin $
new text end
new text begin 1,560
new text end
new text begin 68,850 to 76,489
new text end
new text begin 2.5 percent
new text end
new text begin 50 percent
new text end
new text begin $
new text end
new text begin 1,400
new text end
new text begin 76,490 to 84,149
new text end
new text begin 2.5 percent
new text end
new text begin 50 percent
new text end
new text begin $
new text end
new text begin 1,220
new text end
new text begin 84,150 to 88,749
new text end
new text begin 2.5 percent
new text end
new text begin 50 percent
new text end
new text begin $
new text end
new text begin 1,050
new text end
new text begin 88,750 to 91,819
new text end
new text begin 2.5 percent
new text end
new text begin 50 percent
new text end
new text begin $
new text end
new text begin 860
new text end
new text begin 91,820 to 95,529
new text end
new text begin 2.5 percent
new text end
new text begin 50 percent
new text end
new text begin $
new text end
new text begin 700
new text end
new text begin 95,530 to 99,239
new text end
new text begin 2.5 percent
new text end
new text begin 50 percent
new text end
new text begin $
new text end
new text begin 520
new text end

The payment made to a claimant shall be the amount of the state refund calculated
under this subdivision. No payment is allowed if the claimant's household income is
deleted text begin $77,520deleted text end new text begin $99,240new text end or more.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning with refunds based on
taxes payable in 2012.
new text end

Sec. 3.

Minnesota Statutes 2010, section 290A.04, subdivision 4, is amended to read:


Subd. 4.

Inflation adjustment.

new text begin (a) new text end Beginning for property tax refunds payable in
calendar year 2002, the commissioner shall annually adjust the dollar amounts of the
income thresholds and the maximum refunds under subdivisions 2 and 2a for inflation.
The commissioner shall make the inflation adjustments in accordance with section 1(f) of
the Internal Revenue Code, except that for purposes of this subdivision the percentage
increase shall be determined new text begin as provided in this subdivision.
new text end

new text begin (b) In adjusting the dollar amounts of the income thresholds and the maximum
refunds under subdivision 2 for inflation, the percentage increase shall be determined from
the year ending on June 30, 2011, to the year ending on June 30 of the year preceding that
in which the refund is payable.
new text end

new text begin (c) In adjusting the dollar amounts of the income thresholds and the maximum
refunds under subdivision 2a for inflation, the percentage increase shall be determined
new text end from the year ending on June 30, 2000, to the year ending on June 30 of the year preceding
that in which the refund is payable.

new text begin (d) new text end The commissioner shall use the appropriate percentage increase to annually
adjust the income thresholds and maximum refunds under subdivisions 2 and 2a for
inflation without regard to whether or not the income tax brackets are adjusted for inflation
in that year. The commissioner shall round the thresholds and the maximum amounts,
as adjusted to the nearest $10 amount. If the amount ends in $5, the commissioner shall
round it up to the next $10 amount.

new text begin (e) new text end The commissioner shall annually announce the adjusted refund schedule at the
same time provided under section 290.06. The determination of the commissioner under
this subdivision is not a rule under the Administrative Procedure Act.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning for refunds based on
taxes payable in 2013.
new text end

Sec. 4. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall remove from Minnesota Statutes and Minnesota Rules
all references to the sections repealed in section 5. The revisor shall also remove text and
calculations relating to the repealed sections.
new text end

new text begin In sections affected by this instruction, the revisor may make changes necessary
to correct the punctuation, grammar, or structure of the remaining text and preserve its
meaning. If text in Minnesota Statutes or Minnesota Rules that is unrelated to the repealed
sections refers to a repealed definition, the revisor may substitute the text of the repealed
definition in the cross-reference.
new text end

new text begin If the revisor requests it, the commissioner of revenue shall assist the revisor in
making the changes to statutes and rules necessary to accomplish the purpose of section 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2010, sections 6.91, subdivision 4; 40A.151, subdivision
2; 40A.152, subdivision 2; 69.021, subdivisions 4, 5, 6, 7, 7a, 8, 9, 10, and 11;
270C.19, subdivision 4; 273.113; 273.119; 273.1233, subdivision 3; 273.1234; 273.135,
subdivisions 1, 2, 3, and 5; 273.1384; 273.1385; 273.1391, subdivisions 1, 2, 3, 4, and
5; 273.1398, subdivisions 1, 2d, 3, 3a, 4, 4b, 6, and 8; 275.295; 275.77, subdivision 2;
276A.01; 276A.02; 276A.03; 276A.04; 276A.05; 276A.06; 276A.07; 276A.08; 276A.09;
290C.07; 290C.08; 298.018; 298.285; 423A.02; 477A.011, subdivisions 1, 1a, 1b, 2a, 3,
19, 20, 21, 27, 29, 30, 31, 32, 33, 34, 35, 36, 38, 39, 40, 41, 42, and 43; 477A.0124;
477A.013, subdivisions 1, 8, 9, and 10; 477A.0133; 477A.014, subdivisions 1, 2, and 3;
477A.015; 477A.016; 477A.03, subdivisions 2, 2a, and 2b; 477A.11; 477A.12; 477A.13;
477A.14; 477A.145; 477A.15; 477A.16; and 477A.17,
new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2010, sections 473F.001; 473F.01; 473F.02, subdivisions 1, 2,
3, 4, 5, 6, 7, 8, 10, 12, 13, 14, 15, 21, 22, 23, and 24; 473F.03; 473F.05; 473F.06; 473F.07;
473F.08, subdivisions 1, 2, 3, 3a, 3b, 4, 5, 5a, 6, 7a, 8a, and 10; 473F.09; 473F.10; 473F.11;
and 473F.13, subdivision 1,
new text end new text begin are repealed.
new text end

new text begin (c) new text end new text begin Minnesota Statutes 2010, sections 273.111, subdivisions 1, 2, 3, 3a, 4, 5, 8, 9,
9a, 10, 11, 11a, 12, 13, 14, 15, and 16; 273.114; 275.70; 275.71, subdivisions 1, 2, 4, 5,
and 6; 275.72; 275.73; 275.74; and 275.75,
new text end new text begin are repealed.
new text end

new text begin (d) new text end new text begin Minnesota Statutes 2010, sections 473H.01; 473H.02, subdivisions 1, 2, 3, 4,
5, 6, 7, 8, 9, and 10; 473H.03; 473H.04; 473H.05, subdivisions 1, 2, and 4; 473H.06;
473H.07; 473H.08; 473H.09; 473H.10; 473H.11; 473H.12; 473H.14; 473H.15; 473H.16;
473H.17; and 473H.18,
new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes, aids, and credits payable in
2012 and thereafter.
new text end