1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 4
1.3relating to financing and operation of state and local government; making changes
1.4to individual income, corporate franchise, estate, property, sales and use, excise,
1.5mineral, tobacco, gambling, special, local, and other miscellaneous taxes and
1.6tax-related provisions; modifying provisions related to taxpayer empowerment,
1.7local government aids, credits, refunds, in perpetuity payments on land purchases,
1.8tax increment financing, and public finance; providing for new income tax
1.9subtractions, additions, and credits; establishing a first-time home buyer savings
1.10account program; providing for conformity to federal tax extenders by
1.11administrative action; modifying the education credit; providing a credit for
1.12donations to fund K-12 scholarships; modifying residency definitions; providing
1.13estate tax conformity; modifying property tax exemptions, classifications, and
1.14refunds; allowing a reverse referendum for property tax levies under certain
1.15circumstances; establishing school building bond agricultural tax credit; modifying
1.16state general levy; modifying certain local government aids; modifying sales tax
1.17definitions and exemptions; providing sales tax exemptions; clarifying the
1.18appropriation for sales tax refunds; establishing sales tax collection duties for
1.19marketplace providers and certain retailers; dedicating certain sales tax revenues;
1.20providing exemptions from sales taxes and property taxes for a Major League
1.21Soccer stadium; authorizing certain tax increment financing authority; prohibiting
1.22municipalities from taxing paper or plastic bags; modifying county levy authority;
1.23authorizing certain local taxes; requiring voter approval for certain transportation
1.24sales taxes; restricting rail project expenditures; modifying provisions related to
1.25taconite; repealing political contribution refund; modifying taxes on tobacco
1.26products and cigarettes; providing for a private letter ruling program; modifying
1.27tax administration procedures; dedicating transportation-related taxes; modifying
1.28vehicle taxes and fees; making minor policy, technical, and conforming changes;
1.29requiring reports; appropriating money;amending Minnesota Statutes 2016, sections
1.3013.4967, by adding a subdivision; 13.51, subdivision 2; 40A.18, subdivision 2;
1.3169.021, subdivision 5; 84.82, subdivision 10; 84.922, subdivision 11; 86B.401,
1.32subdivision 12; 97A.056, subdivisions 1a, 3, by adding subdivisions; 116P.02,
1.33subdivision 1, by adding subdivisions; 116P.08, subdivisions 1, 4; 123B.63,
1.34subdivision 3; 126C.17, subdivision 9; 127A.45, subdivisions 10, 13; 128C.24;
1.35168.013, subdivision 1a, by adding a subdivision; 169.011, by adding a subdivision;
1.36205.10, subdivision 1; 205A.05, subdivision 1; 216B.36; 216B.46; 237.19; 270.071,
1.37subdivisions 2, 7, 8, by adding a subdivision; 270.072, subdivisions 2, 3, by adding
1.38a subdivision; 270.074, subdivision 1; 270.078, subdivision 1; 270.12, by adding
1.39a subdivision; 270.82, subdivision 1; 270A.03, subdivisions 5, 7; 270B.14,
1.40subdivision 1, by adding subdivisions; 270C.13, subdivision 1; 270C.171,
1.41subdivision 1; 270C.30; 270C.31, by adding a subdivision; 270C.33, subdivisions
1.425, 8, by adding subdivisions; 270C.34, subdivisions 1, 2; 270C.35, subdivisions
2.13, 4, by adding a subdivision; 270C.38, subdivision 1; 270C.445, subdivisions 2,
2.23, 5a, 6, 6a, 6b, 6c, 7, 8, by adding a subdivision; 270C.446, subdivisions 2, 3,
4,
2.35; 270C.447, subdivisions 1, 2, 3, by adding a subdivision; 270C.72, subdivision
2.44; 270C.89, subdivision 1; 271.06, subdivisions 2, 2a, 6, 7; 271.08, subdivision 1;
2.5271.18; 272.02, subdivisions 9, 10, 23, 86, by adding a subdivision; 272.0211,
2.6subdivision 1; 272.0213; 272.025, subdivision 1; 272.029, subdivisions 2, 4, by
2.7adding a subdivision; 272.0295, subdivision 4, by adding a subdivision; 272.115,
2.8subdivisions 1, 2, 3; 272.162; 273.061, subdivision 7; 273.0755; 273.08; 273.121,
2.9by adding a subdivision; 273.124, subdivisions 3a, 13, 13d, 14, 21; 273.125,
2.10subdivision 8; 273.13, subdivisions 22, 23, 25, 34; 273.135, subdivision 1;
2.11273.1392; 273.1393; 273.33, subdivisions 1, 2; 273.371; 273.372, subdivisions 2,
2.124, by adding subdivisions; 274.01, subdivision 1; 274.014, subdivision 3; 274.13,
2.13subdivision 1; 274.135, subdivision 3; 275.025, subdivisions 1, 2, 4, by adding a
2.14subdivision; 275.065, subdivisions 1, 3; 275.066; 275.07, subdivisions 1, 2; 275.08,
2.15subdivision 1b; 275.60; 275.62, subdivision 2; 276.017, subdivision 3; 276.04,
2.16subdivisions 1, 2; 278.01, subdivision 1; 279.01, subdivisions 1, 2, 3; 279.37, by
2.17adding a subdivision; 281.17; 281.173, subdivision 2; 281.174, subdivision 3;
2.18282.01, subdivisions 1a, 1d, 4, 6, by adding a subdivision; 282.016; 282.018,
2.19subdivision 1; 282.02; 282.241, subdivision 1; 282.322; 287.08; 287.2205; 289A.08,
2.20subdivisions 11, 16, by adding a subdivision; 289A.09, subdivisions 1, 2; 289A.10,
2.21subdivision 1; 289A.11, subdivision 1; 289A.12, subdivision 14; 289A.18,
2.22subdivision 1, by adding a subdivision; 289A.20, subdivision 2; 289A.31,
2.23subdivision 1; 289A.35; 289A.37, subdivision 2; 289A.38, subdivision 6; 289A.40,
2.24subdivision 1; 289A.50, subdivisions 1, 2a, 7; 289A.60, subdivisions 1, 13, 28, by
2.25adding a subdivision; 289A.63, by adding a subdivision; 290.01, subdivisions 6,
2.267; 290.0131, by adding subdivisions; 290.0132, subdivisions 4, 14, 21, by adding
2.27subdivisions; 290.0133, by adding a subdivision; 290.06, subdivision 22, by adding
2.28subdivisions; 290.067, subdivisions 1, 2b; 290.0672, subdivision 1; 290.0674,
2.29subdivisions 1, 2, by adding a subdivision; 290.068, subdivisions 1, 2, 3, 6a;
2.30290.0685, subdivision 1; 290.091, subdivision 2; 290.0922, subdivision 2; 290.17,
2.31subdivision 2; 290.31, subdivision 1; 290A.03, subdivisions 3, 11, 13; 290A.10;
2.32290A.19; 290C.03; 291.005, subdivision 1, as amended; 291.016, subdivisions 2,
2.333; 291.03, subdivisions 1, 9, 11; 291.075; 295.54, subdivision 2; 295.55, subdivision
2.346; 296A.01, subdivisions 7, 12, 33, 42, by adding a subdivision; 296A.02, by
2.35adding a subdivision; 296A.07, subdivision 1; 296A.08, subdivision 2; 296A.16,
2.36subdivision 2; 296A.22, subdivision 9; 296A.26; 297A.66, subdivisions 1, 2, 4,
2.37by adding a subdivision; 297A.67, subdivision 13a, by adding a subdivision;
2.38297A.68, subdivisions 5, 9, 19, 35a; 297A.70, subdivisions 4, 12, 14, by adding
2.39subdivisions; 297A.71, subdivision 44, by adding subdivisions; 297A.75,
2.40subdivisions 1, 2, 3, 5; 297A.815, subdivision 3; 297A.82, subdivisions 4, 4a;
2.41297A.94; 297A.992, subdivision 6a; 297A.993, subdivisions 1, 2, by adding
2.42subdivisions; 297B.07; 297D.02; 297E.02, subdivisions 3, 6, 7; 297E.04,
2.43subdivision 1; 297E.05, subdivision 4; 297E.06, subdivision 1; 297F.01, subdivision
2.4413a; 297F.05, subdivisions 1, 3, 3a, 4a; 297F.09, subdivision 1; 297F.23; 297G.09,
2.45subdivision 1; 297G.22; 297H.06, subdivision 2; 297I.05, subdivision 2; 297I.10,
2.46subdivisions 1, 3; 297I.20, by adding a subdivision; 297I.30, subdivision 7, by
2.47adding a subdivision; 297I.60, subdivision 2; 298.01, subdivisions 3, 4, 4c; 298.225,
2.48subdivision 1; 298.24, subdivision 1; 298.28, subdivisions 2, 3, 5; 366.095,
2.49subdivision 1; 383B.117, subdivision 2; 398A.10, subdivisions 3, 4; 410.32;
2.50412.221, subdivision 2; 412.301; 414.09, subdivision 2; 426.19, subdivision 2;
2.51447.045, subdivisions 2, 3, 4, 6, 7; 452.11; 455.24; 455.29; 459.06, subdivision
2.521; 462.353, subdivision 4; 469.053, subdivision 5; 469.101, subdivision 1; 469.107,
2.53subdivision 2; 469.169, by adding a subdivision; 469.174, subdivision 12; 469.175,
2.54subdivision 3; 469.176, subdivision 4c; 469.1761, by adding a subdivision;
2.55469.1763, subdivisions 1, 2, 3; 469.178, subdivision 7; 469.190, subdivisions 1,
2.565; 469.319, subdivision 5; 471.57, subdivision 3; 471.571, subdivision 3; 471.572,
2.57subdivisions 2, 4; 473.39, by adding subdivisions; 473H.09; 473H.17, subdivision
2.581a; 475.59; 475.60, subdivision 2; 477A.011, subdivisions 34, 45; 477A.0124,
3.1subdivision 2; 477A.013, subdivisions 1, 8, 9, by adding a subdivision; 477A.10;
3.2477A.11, by adding subdivisions; 477A.19, by adding subdivisions; 504B.285,
3.3subdivision 1; 504B.365, subdivision 3; 559.202, subdivision 2; 609.5316,
3.4subdivision 3; Laws 1980, chapter 511, sections 1, subdivision 2, as amended; 2,
3.5as amended; Laws 1991, chapter 291, article 8, section 27, subdivisions 3, as
3.6amended, 4, as amended, 5; Laws 1996, chapter 471, article 2, section 29,
3.7subdivisions 1, as amended, 4, as amended; article 3, section 51; Laws 1999,
3.8chapter 243, article 4, sections 17, subdivisions 3, 5, by adding a subdivision; 18,
3.9subdivision 1, as amended; Laws 2005, First Special Session chapter 3, article 5,
3.10section 38, subdivisions 2, as amended, 4, as amended; Laws 2008, chapter 154,
3.11article 9, section 21, subdivision 2; Laws 2008, chapter 366, article 7, section 20;
3.12Laws 2009, chapter 88, article 5, section 17, as amended; Laws 2014, chapter 308,
3.13article 6, sections 8, subdivision 1; 9; article 9, section 94; Laws 2016, chapter
3.14187, section 5; proposing coding for new law in Minnesota Statutes, chapters 11A;
3.1516A; 16B; 41B; 88; 103C; 116P; 117; 174; 222; 270C; 273; 274; 275; 281; 289A;
3.16290; 290B; 290C; 293; 297A; 416; 459; 462A; 471; 473; 477A; proposing coding
3.17for new law as Minnesota Statutes, chapter 462D; repealing Minnesota Statutes
3.182016, sections 10A.322, subdivision 4; 13.4967, subdivision 2; 136A.129; 205.10,
3.19subdivision 3; 270.074, subdivision 2; 270C.445, subdivision 1; 270C.447,
3.20subdivision 4; 270C.9901; 281.22; 289A.10, subdivision 1a; 289A.12, subdivision
3.2118; 289A.18, subdivision 3a; 289A.20, subdivision 3a; 290.06, subdivisions 23,
3.2236; 290.067, subdivision 2; 290.9743; 290.9744; 290C.02, subdivisions 5, 9;
3.23290C.06; 291.03, subdivisions 8, 9, 10, 11; 297A.992, subdivision 12; 297F.05,
3.24subdivision 1a; 477A.085; 477A.20; Minnesota Rules, parts 4503.1400, subpart
3.254; 8092.1400; 8092.2000; 8100.0700; 8125.1300, subpart 3.
3.26May 9, 2017
3.27The Honorable Kurt L. Daudt
3.28Speaker of the House of Representatives
3.29The Honorable Michelle L. Fischbach
3.30President of the Senate
3.31We, the undersigned conferees for H. F. No. 4 report that we have agreed upon the items
3.32in dispute and recommend as follows:
3.33That the Senate recede from its amendments and that H. F. No. 4 be further amended
3.34as follows:
3.35Delete everything after the enacting clause and insert:
3.37INDIVIDUAL INCOME, CORPORATE FRANCHISE, AND ESTATE TAXES
3.38 Section 1.
[41B.0391] BEGINNING FARMER PROGRAM; TAX CREDITS.
3.39 Subdivision 1. Definitions. (a) For purposes of this section, the following terms have
3.40the meanings given.
3.41(b) "Agricultural assets" means agricultural land, livestock, facilities, buildings,
and
3.42machinery used for farming in Minnesota.
3.43(c) "Beginning farmer" means an individual who:
4.1(1) is a resident of Minnesota;
4.2(2) is seeking entry, or has entered within the last ten years, into farming;
4.3(3) intends to farm land located within the state borders of Minnesota;
4.4(4) is not and whose spouse is not a family member of the owner of the agricultural
4.5assets from whom the beginning farmer is seeking to purchase or rent agricultural
assets;
4.6(5) is not and whose spouse is not a family member of a partner, member, shareholder,
4.7or trustee of the owner of agricultural assets from whom the beginning farmer is seeking
to
4.8purchase or rent agricultural assets; and
4.9(6) meets the following eligibility requirements as determined by the authority:
4.10(i) has a net worth that does not exceed the limit provided under section 41B.03,
4.11subdivision 3, paragraph (a), clause (2);
4.12(ii) provides the majority of the day-to-day physical labor and management of the
farm;
4.13(iii) has, by the judgment of the authority, adequate farming experience or demonstrates
4.14knowledge in the type of farming for which the beginning farmer seeks assistance from
the
4.15authority;
4.16(iv) demonstrates to the authority a profit potential by submitting projected earnings
4.17statements;
4.18(v) asserts to the satisfaction of the authority that farming will be a significant
source
4.19of income for the beginning farmer;
4.20(vi) participates in a financial management program approved by the authority or the
4.21commissioner of agriculture;
4.22(vii) agrees to notify the authority if the beginning farmer no longer meets the eligibility
4.23requirements within the three-year certification period, in which case the beginning
farmer
4.24is no longer eligible for credits under this section; and
4.25(viii) has other qualifications as specified by the authority.
4.26(d) "Family member" means a family member within the meaning of the Internal Revenue
4.27Code, section 267(c)(4).
4.28(e) "Farm product" means plants and animals useful to humans and includes, but is
not
4.29limited to, forage and sod crops, oilseeds, grain and feed crops, dairy and dairy
products,
4.30poultry and poultry products, livestock, fruits, and vegetables.
5.1(f) "Farming" means the active use, management, and operation of real and personal
5.2property for the production of a farm product.
5.3(g) "Owner of agricultural assets" means an individual, trust, or pass-through entity
that
5.4is the owner in fee of agricultural land or has legal title to any other agricultural
asset. Owner
5.5of agricultural assets does not mean an equipment dealer, livestock dealer defined
in section
5.617A.03, subdivision 7, or comparable entity that is engaged in the business of selling
5.7agricultural assets for profit and that is not engaged in farming as its primary business
5.8activity. An owner of agricultural assets approved and certified by the authority
under
5.9subdivision 4 must notify the authority if the owner no longer meets the definition
in this
5.10paragraph within the three year certification period and is then no longer eligible
for credits
5.11under this section.
5.12(h) "Share rent agreement" means a rental agreement in which the principal consideration
5.13given to the owner of agricultural assets is a predetermined portion of the production
of
5.14farm products produced from the rented agricultural assets and which provides for
sharing
5.15production costs or risk of loss, or both.
5.16 Subd. 2. Tax credit for owners of agricultural assets. (a) An owner of agricultural
5.17assets may take a credit against the tax due under chapter 290 for the sale or rental
of
5.18agricultural assets to a beginning farmer. An owner of agricultural assets may take
a credit
5.19equal to:
5.20(1) five percent of the lesser of the sale price or the fair market value of the agricultural
5.21asset;
5.22(2) ten percent of the gross rental income in each of the first, second, and third
years of
5.23a rental agreement; or
5.24(3) 15 percent of the cash equivalent of the gross rental income in each of the first,
5.25second, and third years of a share rent agreement.
5.26(b) A qualifying rental agreement includes cash rent of agricultural assets or a share
rent
5.27agreement. The agricultural asset must be rented at prevailing community rates as
determined
5.28by the authority. The credit may be claimed only after approval and certification
by the
5.29authority.
5.30(c) An owner of agricultural assets or beginning farmer may terminate a rental agreement,
5.31including a share rent agreement, for reasonable cause upon approval of the authority.
If a
5.32rental agreement is terminated without the fault of the owner of agricultural assets,
the tax
5.33credits shall not be retroactively disallowed. In determining reasonable cause, the
authority
6.1must look at which party was at fault in the termination of the agreement. If the
authority
6.2determines the owner of agricultural assets did not have reasonable cause, the owner
of
6.3agricultural assets must repay all credits received as a result of the rental agreement
to the
6.4commissioner of revenue. The repayment is additional income tax for the taxable year
in
6.5which the authority makes its decision or when a final adjudication under subdivision
5,
6.6paragraph (a), is made, whichever is later.
6.7(d) The credit is limited to the liability for tax as computed under chapter 290 for
the
6.8taxable year. If the amount of the credit determined under this section for any taxable
year
6.9exceeds this limitation, the excess is a beginning farmer incentive credit carryover
according
6.10to section 290.06, subdivision 37.
6.11 Subd. 3. Beginning farmer management tax credit. (a) A beginning farmer may take
6.12a credit against the tax due under chapter 290 for participating in a financial management
6.13program approved by the authority. The credit is equal to 100 percent of the amount
paid
6.14for participating in the program, not to exceed $1,500. The credit is available for
up to three
6.15years while the farmer is in the program. The authority shall maintain a list of approved
6.16financial management programs and establish a procedure for approving equivalent programs
6.17that are not on the list.
6.18(b) The credit is limited to the liability for tax as computed under chapter 290 for
the
6.19taxable year. If the amount of the credit determined under this section for any taxable
year
6.20exceeds this limitation, the excess is a beginning farmer management credit carryover
6.21according to section 290.06, subdivision 38.
6.22 Subd. 4. Authority duties. (a) The authority shall:
6.23(1) approve and certify or recertify beginning farmers as eligible for the program
under
6.24this section;
6.25(2) approve and certify or recertify owners of agricultural assets as eligible for
the tax
6.26credit under subdivision 2;
6.27(3) provide necessary and reasonable assistance and support to beginning farmers for
6.28qualification and participation in financial management programs approved by the authority;
6.29(4) refer beginning farmers to agencies and organizations that may provide additional
6.30pertinent information and assistance; and
6.31(5) notwithstanding section 41B.211, the Rural Finance Authority must share information
6.32with the commissioner of revenue to the extent necessary to administer provisions
under
6.33this subdivision and section 290.06, subdivisions 37 and 38. The Rural Finance Authority
7.1must annually notify the commissioner of revenue of approval and certification or
7.2recertification of beginning farmers and owners of agricultural assets under this
section.
7.3(b) The certification of a beginning farmer or an owner of agricultural assets under
this
7.4section is valid for the year of the certification and the two following years, after
which
7.5time the beginning farmer or owner of agricultural assets must apply to the authority
for
7.6recertification.
7.7 Subd. 5. Appeals of authority determinations. (a) Any decision of the authority under
7.8this section may be challenged as a contested case under chapter 14. The contested
case
7.9proceeding must be initiated within 60 days of the date of written notification by
the office.
7.10(b) If a taxpayer challenges a decision of the authority under this subdivision, upon
7.11perfection of the appeal the authority must notify the commissioner of revenue of
the
7.12challenge within 5 days.
7.13(c) Nothing in this subdivision affects the commissioner of revenue's authority to
audit,
7.14review, correct, or adjust returns claiming the credit.
7.15EFFECTIVE DATE.This section is effective for taxable years beginning after December
7.1631, 2016.
7.17 Sec. 2. Minnesota Statutes 2016, section 116J.8737, subdivision 5, is amended to read:
7.18 Subd. 5.
Credit allowed. (a)(1) A qualified investor or qualified fund is eligible for a
7.19credit equal to 25 percent of the qualified investment in a qualified small business.
7.20Investments made by a pass-through entity qualify for a credit only if the entity
is a qualified
7.21fund. The commissioner must not allocate more than $15,000,000 in credits to qualified
7.22investors or qualified funds for taxable years beginning after December 31, 2013,
and before
7.23January 1, 2017, and must not allocate more than $10,000,000 in credits to qualified
investors
7.24or qualified funds for taxable years beginning after December 31, 2016, and before
January
7.251, 2018
, and must not allocate more than $10,000,000 in credits to qualified investors or
7.26qualified funds for taxable years beginning after December 31, 2017, and before January
7.271, 2020; and
7.28(2) for taxable years beginning after December 31, 2014, and before January 1,
2018
7.292020, 50 percent must be allocated to credits for qualifying investments in qualified
greater
7.30Minnesota businesses and minority- or women-owned qualified small businesses in
7.31Minnesota. Any portion of a taxable year's credits that is reserved for qualifying
investments
7.32in greater Minnesota businesses and minority- or women-owned qualified small businesses
7.33in Minnesota that is not allocated by September 30 of the taxable year is available
for
8.1allocation to other credit applications beginning on October 1. Any portion of a taxable
8.2year's credits that is not allocated by the commissioner does not cancel and may be
carried
8.3forward to subsequent taxable years until all credits have been allocated.
8.4(b) The commissioner may not allocate more than a total maximum amount in credits
8.5for a taxable year to a qualified investor for the investor's cumulative qualified
investments
8.6as an individual qualified investor and as an investor in a qualified fund; for married
couples
8.7filing joint returns the maximum is $250,000, and for all other filers the maximum
is
8.8$125,000. The commissioner may not allocate more than a total of $1,000,000 in credits
8.9over all taxable years for qualified investments in any one qualified small business.
8.10(c) The commissioner may not allocate a credit to a qualified investor either as an
8.11individual qualified investor or as an investor in a qualified fund if, at the time
the investment
8.12is proposed:
8.13(1) the investor is an officer or principal of the qualified small business; or
8.14(2) the investor, either individually or in combination with one or more members of
the
8.15investor's family, owns, controls, or holds the power to vote 20 percent or more of
the
8.16outstanding securities of the qualified small business.
8.17A member of the family of an individual disqualified by this paragraph is not eligible
for a
8.18credit under this section. For a married couple filing a joint return, the limitations
in this
8.19paragraph apply collectively to the investor and spouse. For purposes of determining
the
8.20ownership interest of an investor under this paragraph, the rules under section 267(c)
and
8.21267(e) of the Internal Revenue Code apply.
8.22(d) Applications for tax credits for 2010 must be made available on the department's
8.23Web site by September 1, 2010, and the department must begin accepting applications
by
8.24September 1, 2010. Applications for subsequent years must be made available by November
8.251 of the preceding year.
8.26(e) Qualified investors and qualified funds must apply to the commissioner for tax
credits.
8.27Tax credits must be allocated to qualified investors or qualified funds in the order
that the
8.28tax credit request applications are filed with the department. The commissioner must
approve
8.29or reject tax credit request applications within 15 days of receiving the application.
The
8.30investment specified in the application must be made within 60 days of the allocation
of
8.31the credits. If the investment is not made within 60 days, the credit allocation is
canceled
8.32and available for reallocation. A qualified investor or qualified fund that fails
to invest as
8.33specified in the application, within 60 days of allocation of the credits, must notify
the
9.1commissioner of the failure to invest within five business days of the expiration
of the
9.260-day investment period.
9.3(f) All tax credit request applications filed with the department on the same day
must
9.4be treated as having been filed contemporaneously. If two or more qualified investors
or
9.5qualified funds file tax credit request applications on the same day, and the aggregate
amount
9.6of credit allocation claims exceeds the aggregate limit of credits under this section
or the
9.7lesser amount of credits that remain unallocated on that day, then the credits must
be allocated
9.8among the qualified investors or qualified funds who filed on that day on a pro rata
basis
9.9with respect to the amounts claimed. The pro rata allocation for any one qualified
investor
9.10or qualified fund is the product obtained by multiplying a fraction, the numerator
of which
9.11is the amount of the credit allocation claim filed on behalf of a qualified investor
and the
9.12denominator of which is the total of all credit allocation claims filed on behalf
of all
9.13applicants on that day, by the amount of credits that remain unallocated on that day
for the
9.14taxable year.
9.15(g) A qualified investor or qualified fund, or a qualified small business acting on
their
9.16behalf, must notify the commissioner when an investment for which credits were allocated
9.17has been made, and the taxable year in which the investment was made. A qualified
fund
9.18must also provide the commissioner with a statement indicating the amount invested
by
9.19each investor in the qualified fund based on each investor's share of the assets of
the qualified
9.20fund at the time of the qualified investment. After receiving notification that the
investment
9.21was made, the commissioner must issue credit certificates for the taxable year in
which the
9.22investment was made to the qualified investor or, for an investment made by a qualified
9.23fund, to each qualified investor who is an investor in the fund. The certificate must
state
9.24that the credit is subject to revocation if the qualified investor or qualified fund
does not
9.25hold the investment in the qualified small business for at least three years, consisting
of the
9.26calendar year in which the investment was made and the two following years. The three-year
9.27holding period does not apply if:
9.28(1) the investment by the qualified investor or qualified fund becomes worthless before
9.29the end of the three-year period;
9.30(2) 80 percent or more of the assets of the qualified small business is sold before
the end
9.31of the three-year period;
9.32(3) the qualified small business is sold before the end of the three-year period;
9.33(4) the qualified small business's common stock begins trading on a public exchange
9.34before the end of the three-year period; or
10.1 (5) the qualified investor dies before the end of the three-year period.
10.2(h) The commissioner must notify the commissioner of revenue of credit certificates
10.3issued under this section.
10.4EFFECTIVE DATE.This section is effective for taxable years beginning after December
10.531, 2017.
10.6 Sec. 3. Minnesota Statutes 2016, section 116J.8737, subdivision 12, is amended to read:
10.7 Subd. 12.
Sunset. This section expires for taxable years beginning after December 31,
10.82017 2019, except that reporting requirements under subdivision 6 and revocation of credits
10.9under subdivision 7 remain in effect through
2019 2021 for qualified investors and qualified
10.10funds, and through
2021 2023 for qualified small businesses, reporting requirements under
10.11subdivision 9 remain in effect through
2022 2024, and the appropriation in subdivision 11
10.12remains in effect through
2021 2023.
10.13EFFECTIVE DATE.This section is effective the day following final enactment.
10.14 Sec. 4. Minnesota Statutes 2016, section 289A.10, subdivision 1, is amended to read:
10.15 Subdivision 1.
Return required. In the case of a decedent who has an interest in property
10.16with a situs in Minnesota, the personal representative must submit a Minnesota estate
tax
10.17return to the commissioner, on a form prescribed by the commissioner, if
:
10.18(1) a federal estate tax return is required to be filed
; or under the Internal Revenue Code.
10.19(2) the sum of the federal gross estate and federal adjusted taxable gifts, as defined
in
10.20section 2001(b) of the Internal Revenue Code, made within three years of the date
of the
10.21decedent's death exceeds $1,200,000 for estates of decedents dying in 2014; $1,400,000
for
10.22estates of decedents dying in 2015; $1,600,000 for estates of decedents dying in 2016;
10.23$1,800,000 for estates of decedents dying in 2017; and $2,000,000 for estates of decedents
10.24dying in 2018 and thereafter.
10.25The return must contain a computation of the Minnesota estate tax due. The return
must
10.26be signed by the personal representative.
10.27EFFECTIVE DATE.This section is effective retroactively for estates of decedents
10.28dying after December 31, 2016.
11.1 Sec. 5. Minnesota Statutes 2016, section 290.01, subdivision 7, is amended to read:
11.2 Subd. 7.
Resident. (a) The term "resident" means any individual domiciled in Minnesota,
11.3except that an individual is not a "resident" for the period of time that the individual
is a
11.4"qualified individual" as defined in section 911(d)(1) of the Internal Revenue Code,
if the
11.5qualified individual notifies the county within three months of moving out of the
country
11.6that homestead status be revoked for the Minnesota residence of the qualified individual,
11.7and the property is not classified as a homestead while the individual remains a qualified
11.8individual.
11.9(b) "Resident" also means any individual domiciled outside the state who maintains
a
11.10place of abode in the state and spends in the aggregate more than one-half of the
tax year
11.11in Minnesota, unless:
11.12(1) the individual or the spouse of the individual is in the armed forces of the United
11.13States; or
11.14(2) the individual is covered under the reciprocity provisions in section
290.081.
11.15For purposes of this subdivision, presence within the state for any part of a calendar
day
11.16constitutes a day spent in the state. Individuals shall keep adequate records to substantiate
11.17the days spent outside the state.
11.18The term "abode" means a dwelling maintained by an individual, whether or not owned
11.19by the individual and whether or not occupied by the individual, and includes a dwelling
11.20place owned or leased by the individual's spouse.
11.21(c)
In determining where an individual is domiciled, neither the commissioner nor any
11.22court shall consider
:
11.23(1) charitable contributions made by
an the individual within or without the state
in
11.24determining if the individual is domiciled in Minnesota;
11.25(2) the location of the individual's attorney, certified public accountant, or financial
11.26adviser; or
11.27(3) the place of business of a financial institution at which the individual applies
for any
11.28new type of credit or at which the individual opens or maintains any type of account.
11.29(d) For purposes of this subdivision, the following terms have the meanings given
them:
11.30(1) "financial adviser" means:
12.1(i) an individual or business entity engaged in business as a certified financial
planner,
12.2registered investment adviser, licensed insurance producer or agent, or registered
securities
12.3broker-dealer representative; or
12.4(ii) a financial institution providing services related to trust or estate administration,
12.5investment management, or financial planning; and
12.6(2) "financial institution" means a financial institution as defined in section 47.015,
12.7subdivision 1; a state or nationally chartered credit union; or a registered broker-dealer
12.8under the Securities and Exchange Act of 1934.
12.9EFFECTIVE DATE.This section is effective for taxable years beginning after December
12.1031, 2016.
12.11 Sec. 6. Minnesota Statutes 2016, section 290.0131, subdivision 10, as amended by Laws
12.122017, chapter 1, section 4, is amended to read:
12.13 Subd. 10.
Section 179 expensing. For taxable years beginning before January 1, 2018,
12.1480 percent of the amount by which the deduction allowed under the dollar limits of
section
12.15179 of the Internal Revenue Code exceeds the deduction allowable by section 179 of
the
12.16Internal Revenue Code, as amended through December 31, 2003, is an addition.
12.17EFFECTIVE DATE.This section is effective for taxable years beginning after December
12.1831, 2017.
12.19 Sec. 7. Minnesota Statutes 2016, section 290.0131, is amended by adding a subdivision
12.20to read:
12.21 Subd. 14. First-time home buyer savings account. The amount for a first-time home
12.22buyer savings account required by section 462D.06, subdivision 2, is an addition.
12.23EFFECTIVE DATE.This section is effective for taxable years beginning after December
12.2431, 2016.
12.25 Sec. 8. Minnesota Statutes 2016, section 290.0131, is amended by adding a subdivision
12.26to read:
12.27 Subd. 15. Equity and opportunity donations to qualified foundations. The amount
12.28of the deduction under section 170 of the Internal Revenue Code that represents contributions
12.29to a qualified foundation under section 290.0693 is an addition.
12.30EFFECTIVE DATE.This section is effective for taxable years beginning after December
12.3131, 2017.
13.1 Sec. 9. Minnesota Statutes 2016, section 290.0132, subdivision 4, is amended to read:
13.2 Subd. 4.
Education expenses. (a) Subject to the limits in paragraph (b), the following
13.3amounts paid to others for
each qualifying child are a subtraction: education-related expenses,
13.4as defined in section 290.0674, subdivision 1, less any amount used to claim the credit
under
13.5section 290.0674, are a subtraction.
13.6(1) education-related expenses; plus
13.7(2) tuition and fees paid to attend a school described in section
290.0674, subdivision
13.81
, clause (4), that are not included in education-related expenses; less
13.9(3) any amount used to claim the credit under section
290.0674.
13.10(b) The maximum subtraction allowed under this subdivision is:
13.11(1) $1,625 for each qualifying child in
a prekindergarten educational program or in
13.12kindergarten through grade 6; and
13.13(2) $2,500 for each qualifying child in grades 7 through 12.
13.14(c) The definitions in section
290.0674, subdivision 1, apply to this subdivision.
13.15EFFECTIVE DATE.This section is effective for taxable years beginning after December
13.1631, 2016.
13.17 Sec. 10. Minnesota Statutes 2016, section 290.0132, is amended by adding a subdivision
13.18to read:
13.19 Subd. 23. Contributions to 529 plan. (a) The amount equal to the contributions made
13.20during the taxable year to one or more accounts in plans qualifying under section
529 of
13.21the Internal Revenue Code, reduced by any withdrawals from accounts during the taxable
13.22year, is a subtraction.
13.23(b) The subtraction under this subdivision does not include amounts rolled over from
13.24other college savings plan accounts.
13.25(c) The subtraction under this subdivision must not exceed $3,000 for married couples
13.26filing joint returns and $1,500 for all other filers, and is limited to individuals
who do not
13.27claim the credit under section 290.0683.
13.28EFFECTIVE DATE.This section is effective for taxable years beginning after December
13.2931, 2016.
14.1 Sec. 11. Minnesota Statutes 2016, section 290.0132, is amended by adding a subdivision
14.2to read:
14.3 Subd. 24. Discharge of indebtedness; education loans. (a) The amount equal to the
14.4discharge of indebtedness of the taxpayer is a subtraction if:
14.5(1) the indebtedness discharged is a qualified education loan; and
14.6(2) the indebtedness was discharged under section 136A.1791, or following the taxpayer's
14.7completion of an income-driven repayment plan.
14.8(b) For the purposes of this subdivision, "qualified education loan" has the meaning
14.9given in section 221 of the Internal Revenue Code.
14.10(c) For purposes of this subdivision, "income-driven repayment plan" means a payment
14.11plan established by the United States Department of Education that sets monthly student
14.12loan payments based on income and family size under United States Code, title 20,
section
14.131087e, or similar authority and specifically includes, but is not limited to:
14.14(1) the income-based repayment plan under United States Code, title 20, section 1098e;
14.15(2) the income contingent repayment plan established under United States Code, title
14.1620, section 1087e, subsection (e); and
14.17(3) the PAYE program or REPAYE program established by the Department of Education
14.18under administrative regulations.
14.19EFFECTIVE DATE.This section is effective for taxable years beginning after December
14.2031, 2016.
14.21 Sec. 12. Minnesota Statutes 2016, section 290.0132, is amended by adding a subdivision
14.22to read:
14.23 Subd. 25. First-time home buyer savings account. (a) For purposes of this subdivision,
14.24the terms defined in section 462D.02 have the meanings given in that section.
14.25(b) The amount an account holder contributes to and earnings on a first-time home
buyer
14.26savings account allowed by section 462D.06, subdivision 1, is a subtraction.
14.27(c) The subtraction allowed under this subdivision for a taxable year is limited to
$7,500,
14.28or $15,000 for married joint filers. For a taxpayer whose adjusted gross income, as
defined
14.29in section 62 of the Internal Revenue Code, for the taxable year exceeds $125,000,
or
14.30$250,000 for married joint filers, the maximum subtraction is reduced $1 for each
$4 of
14.31adjusted gross income in excess of that threshold.
15.1(d) The adjusted gross income thresholds under paragraph (c) must be adjusted for
15.2inflation. The commissioner shall adjust the dollar amount of the income thresholds
at which
15.3the maximum subtraction begins to be reduced under paragraph (b) by the percentage
15.4determined under section 1(f) of the Internal Revenue Code, except that in section
1(f)(3)(B)
15.5the word "2016" is substituted for the word "1992." For 2018, the commissioner shall
then
15.6determine the percent change from the 12 months ending on August 31, 2016, to the
12
15.7months ending on August 31, 2017, and in each subsequent year, from the 12 months
ending
15.8on August 31, 2016, to the 12 months ending on August 31 of the year preceding the
taxable
15.9year. The determination of the commissioner under this subdivision is not a "rule"
and is
15.10not subject to the Administrative Procedure Act in chapter 14, including section 14.386.
15.11The threshold amount as adjusted must be rounded to the nearest $100 amount. If the
amount
15.12ends in $50, the amount is rounded up to the nearest $100 amount.
15.13EFFECTIVE DATE.This section is effective for taxable years beginning after December
15.1431, 2016.
15.15 Sec. 13. Minnesota Statutes 2016, section 290.0132, is amended by adding a subdivision
15.16to read:
15.17 Subd. 26. Social Security benefits. (a) A portion of Social Security benefits is allowed
15.18as a subtraction. The subtraction equals the lesser of Social Security benefits or
a maximum
15.19subtraction subject to the limits under paragraphs (b), (c), and (d).
15.20(b) For married taxpayers filing a joint return and surviving spouses, the maximum
15.21subtraction equals $8,250. The maximum subtraction is reduced by 20 percent of provisional
15.22income over $77,000. In no case is the subtraction less than zero.
15.23(c) For single or head-of-household taxpayers, the maximum subtraction equals $6,500.
15.24The maximum subtraction is reduced by 20 percent of provisional income over $60,200.
15.25In no case is the subtraction less than zero.
15.26(d) For married taxpayers filing separate returns, the maximum subtraction equals
$4,125.
15.27The maximum subtraction is reduced by 20 percent of provisional income over $38,500.
15.28In no case is the subtraction less than zero.
15.29(e) For purposes of this subdivision, "provisional income" means modified adjusted
15.30gross income as defined in section 86(b)(2) of the Internal Revenue Code, plus one-half
of
15.31the Social Security benefits received during the taxable year, and "Social Security
benefits"
15.32has the meaning given in section 86(d)(1) of the Internal Revenue Code.
16.1(f) The commissioner shall adjust the dollar amounts in paragraphs (b) to (d) by the
16.2percentage determined pursuant to the provisions of section 1(f) of the Internal Revenue
16.3Code, except that in section 1(f)(3)(B) of the Internal Revenue Code the word "2016"
shall
16.4be substituted for the word "1992." For 2018, the commissioner shall then determine
the
16.5percentage change from the 12 months ending on August 31, 2016, to the 12 months ending
16.6on August 31, 2017, and in each subsequent year, from the 12 months ending on August
16.731, 2016, to the 12 months ending on August 31 of the year preceding the taxable year.
The
16.8determination of the commissioner pursuant to this subdivision must not be considered
a
16.9rule and is not subject to the Administrative Procedure Act contained in chapter 14,
including
16.10section 14.386. The threshold amount as adjusted must be rounded to the nearest $10
amount.
16.11If the amount ends in $5, the amount is rounded up to the nearest $10 amount.
16.12EFFECTIVE DATE.This section is effective for taxable years beginning after December
16.1331, 2016.
16.14 Sec. 14. Minnesota Statutes 2016, section 290.0133, subdivision 12, as amended by Laws
16.152017, chapter 1, section 5, is amended to read:
16.16 Subd. 12.
Section 179 expensing. For taxable years beginning before January 1, 2018,
16.1780 percent of the amount by which the deduction allowed under the dollar limits of
section
16.18179 of the Internal Revenue Code exceeds the deduction allowable by section 179 of
the
16.19Internal Revenue Code, as amended through December 31, 2003, is an addition.
16.20EFFECTIVE DATE.This section is effective for taxable years beginning after December
16.2131, 2017.
16.22 Sec. 15. Minnesota Statutes 2016, section 290.0133, is amended by adding a subdivision
16.23to read:
16.24 Subd. 15. Equity and opportunity donations to qualified foundations. The amount
16.25of the deduction under section 170 of the Internal Revenue Code that represents contributions
16.26to a qualified foundation under section 290.0693 is an addition.
16.27EFFECTIVE DATE.This section is effective for taxable years beginning after December
16.2831, 2017.
16.29 Sec. 16.
[290.016] CONFORMITY TO FEDERAL TAX EXTENDERS BY
16.30ADMINISTRATIVE ACTION.
16.31 Subdivision 1. Legislative purpose. (a) The legislature intends this section to provide
16.32an ongoing mechanism for conforming the Minnesota individual income and corporate
17.1franchise taxes and the property tax refund and homestead credit refund programs to
federal
17.2tax legislation enacted after the legislature has adjourned that extends existing
provisions
17.3of federal law, if the provisions affect tax liability in a calendar year that ends
before the
17.4legislature is scheduled to reconvene in regular session. Congress has regularly enacted
17.5changes of that type that affect computation of Minnesota tax through its links to
federal
17.6law. The federal changes consist mainly of extending provisions that reduce revenues
and
17.7are scheduled to expire. Because Minnesota law is linked to federal law as of a specific
17.8date, taxpayers and the Department of Revenue must assume that Minnesota law does
not
17.9include the effect of these federal changes even though the legislature regularly
adopts most
17.10of the federal provisions retroactively in the next legislative session. This situation
17.11undermines compliance and administration of Minnesota taxes, causing delay, uncertainty,
17.12and added costs. This section provides an administrative mechanism to conform to most
of
17.13these federal changes. The legislature's intent is to conform to the federal tax extenders,
17.14including minor modifications of them, and to set aside the necessary state budget
resources
17.15to do so.
17.16(b) By expressing its intent regarding specific federal provisions and indicating
how to
17.17treat each federal extender provision, the legislature is exercising its legislative
power and
17.18is not delegating to Congress or the commissioner the authority to determine Minnesota
tax
17.19law. The legislature believes that this section is consistent with the Minnesota Supreme
17.20Court's ruling in the case of Wallace v. Commissioner of Taxation, 289 Minn. 220 (1971).
17.21 Subd. 2. Federal tax conformity account established; transfer. (a) A federal tax
17.22conformity account is established in the general fund. Money in the account is available
for
17.23transfer to the general fund to offset the reduction in general fund revenues resulting
from
17.24conforming Minnesota tax law to federal law under this section.
17.25(b) $20,000,000 is transferred from the general fund to the federal tax conformity
account,
17.26effective July 1, 2017.
17.27(c) Each year, within ten days after receiving notice of the amount from the commissioner,
17.28the commissioner of management and budget shall transfer from the account to the general
17.29fund the amount the commissioner determines is required under subdivision 4.
17.30 Subd. 3. Eligible federal tax preferences. For purposes of this section and section
17.31290.01, the term "eligible federal tax preferences" means any of the following items
that
17.32are not in effect under the Internal Revenue Code for future taxable years beginning
after
17.33December 31, 2016:
18.1(1) discharge of qualified principal residence indebtedness under section 108(a)(1)(E)
18.2of the Internal Revenue Code;
18.3(2) mortgage insurance premiums treated as qualified residence interest under section
18.4163(h)(3)(E) of the Internal Revenue Code;
18.5(3) qualified tuition and related expenses under section 222 of the Internal Revenue
18.6Code;
18.7(4) classification of certain race horses as three-year property under section
18.8168(e)(3)(A)(i) and (ii) of the Internal Revenue Code;
18.9(5) the seven-year recovery period for motorsports entertainment complexes under
18.10section 168(i)(15) of the Internal Revenue Code;
18.11(6) the accelerated depreciation for business property on an Indian reservation under
18.12section 168(j) of the Internal Revenue Code;
18.13(7) the election to expense mine safety equipment under section 179E of the Internal
18.14Revenue Code;
18.15(8) the special expensing rules for certain film and television productions under
section
18.16181 of the Internal Revenue Code;
18.17(9) the special allowance for second-generation biofuel plant property under section
18.18168(l) of the Internal Revenue Code;
18.19(10) the energy efficient commercial buildings deduction under section 179D of the
18.20Internal Revenue Code;
18.21(11) the five-year recovery period for property described in section 168(e)(3)(B)(vi)(I)
18.22of the Internal Revenue Code and qualifying for an energy credit under section 48(a)(3)(A)
18.23of the Internal Revenue Code; and
18.24(12) the amount of the additional section 179 allowance in an empowerment zone under
18.25section 1397A of the Internal Revenue Code.
18.26 Subd. 4. Designation of qualifying federal conformity items. (a) If, after final
18.27adjournment of a regular session of the legislature, Congress enacts a law that extends
one
18.28or more of the eligible federal tax preferences to taxable years beginning during
the calendar
18.29year in which the legislature adjourned, the commissioner shall prepare a list of
qualifying
18.30federal conformity items and publish it on the Department of Revenue's Web site within
30
18.31days following enactment of the law. In preparing the list, the commissioner shall
estimate
18.32the change in revenue resulting from allowing the eligible federal tax preferences,
including
19.1the effect of subdivision 6, for the current and succeeding biennia only. The commissioner
19.2shall not include an item on the list of qualifying federal conformity items if the
commissioner
19.3estimates that its inclusion would reduce general fund revenues for the current and
succeeding
19.4biennia by more than the balance in the federal tax conformity account.
19.5(b) The commissioner shall consider the provisions of subdivision 6 as the first item
to
19.6include on the list of qualifying conformity items. The commissioner shall apply the
following
19.7priorities in determining which additional items to include:
19.8(1) the effect of all eligible federal tax preferences on computation of federal adjusted
19.9gross income under this chapter and household income under chapter 290A, is the first
19.10priority;
19.11(2) the effect of the federal law on computation of Minnesota tax credits is the second
19.12priority;
19.13(3) the items in subdivision 3, clauses (4) to (12), in that order, are the third
priority;
19.14and
19.15(4) the items in subdivision 3, clauses (1) to (3), in that order, are the last priority.
19.16(c) In determining whether to include an eligible federal tax preference on the list
of
19.17qualifying federal conformity items, the commissioner may include items in which
19.18nonmaterial changes were made in the federal law extending allowance of the eligible
federal
19.19tax preferences, compared to the provision that was in effect for the prior federal
taxable
19.20year. For purposes of this determination, nonmaterial changes are limited to changes
that
19.21are estimated to increase or decrease Minnesota tax revenues by no more than $1,000,000
19.22for the affected eligible federal tax preference item for the taxable year.
19.23(d) Within ten days after the commissioner's final determination of qualifying federal
19.24conformity items under this subdivision, the commissioner shall notify the commissioner
19.25of management and budget, in writing, of the amount of the federal tax conformity
account
19.26transfer under subdivision 2.
19.27 Subd. 5. Provisions in effect. (a) For purposes of determining tax and credits under this
19.28chapter, including the taxes under sections 290.091 and 290.0921, and household income
19.29under chapter 290A, qualifying federal conformity items and bonus depreciation rules
under
19.30subdivision 6 apply for the designated taxable year and the provisions of this chapter
apply
19.31as if the definition of the Internal Revenue Code under section 290.01, subdivision
31,
19.32included the amendments to the qualifying federal conformity items.
20.1(b) For qualifying federal conformity items listed in subdivision 3, clauses (4) to
(12),
20.2and bonus depreciation rules for which conformity in the designated taxable year that
result
20.3in a revenue increase or decrease in subsequent taxable years, the commissioner shall
20.4administer the subsequent taxable year for the qualifying federal conformity items
consistent
20.5with conformity to the items in the designated taxable year and the estimate used
to calculate
20.6the transfer amount under subdivision 2.
20.7(c) The commissioner shall administer the taxes under this chapter and refunds under
20.8chapter 290A as if Minnesota had conformed to the federal definitions of net income,
20.9adjusted gross income, and tax credits that affect computation of Minnesota tax or
refunds
20.10resulting from extension of the qualifying federal conformity items.
20.11(d) For purposes of this subdivision and subdivision 6, "designated taxable year"
means
20.12a taxable year that begins during a calendar year in which an eligible federal tax
preference
20.13is enacted after the legislature adjourned its regular session and is effective for
any taxable
20.14year beginning during that calendar year.
20.15 Subd. 6. Bonus depreciation; 80 percent rule applies. If, following final adjournment
20.16of a regular session of the legislature, Congress enacts a law that extends application
of the
20.17depreciation special allowances under section 168(k) of the Internal Revenue Code
to taxable
20.18years beginning during the same calendar year, the allowance must be determined using
20.19the rules under sections 290.0131, subdivision 9, and 290.0133, subdivision 11, for
the
20.20designated taxable year; and the rules under sections 290.0132, subdivision 9, and
290.0134,
20.21subdivision 13, for the five tax years immediately following the designated taxable
year.
20.22 Subd. 7. Forms preparation. If the provisions of subdivisions 3 and 4 apply to a taxable
20.23year, the commissioner shall prepare forms and instructions that reflect the qualifying
federal
20.24conformity items and bonus depreciation rules under subdivision 6, if applicable,
for the
20.25taxable year consistent with the provisions of this section.
20.26 Subd. 8. Draft legislation. For a taxable year for which the commissioner publishes a
20.27list of qualifying federal conformity items under this section, the commissioner shall
provide
20.28the chairs and ranking minority members of the legislative committees with jurisdiction
20.29over taxes with draft legislation that would conform Minnesota Statutes to the qualifying
20.30federal conformity items and any other conformity items that the commissioner recommends
20.31be adopted, including application to taxable years beyond those to which this section
applies.
20.32The draft legislation is intended to make the statutes consistent with application
of the
20.33designated qualifying federal conformity items under this section for the convenience
of
21.1members of the public. Failure to pass the draft legislation does not affect computation
of
21.2Minnesota tax liability for the affected taxable years under this section.
21.3 Subd. 9. Administrative Procedure Act. Designation of qualifying federal conformity
21.4items or any other action of the commissioner under this section is not a rule and
is not
21.5subject to the Administrative Procedure Act under chapter 14, including section 14.386.
21.6EFFECTIVE DATE.This section is effective the day following final enactment.
21.7 Sec. 17. Minnesota Statutes 2016, section 290.06, is amended by adding a subdivision to
21.8read:
21.9 Subd. 2g. First-time home buyer savings account. (a) For purposes of this subdivision,
21.10the terms defined in section 462D.02 have the meanings given in that section.
21.11(b) In addition to the tax computed under subdivision 2c, an additional amount of
tax
21.12applies equal to the additional tax computed for the taxable year for the account
holder of
21.13a first-time home buyer account under section 462D.06, subdivision 3.
21.14EFFECTIVE DATE.This section is effective for taxable years beginning after December
21.1531, 2016.
21.16 Sec. 18. Minnesota Statutes 2016, section 290.06, subdivision 22, is amended to read:
21.17 Subd. 22.
Credit for taxes paid to another state. (a) A taxpayer who is liable for taxes
21.18based on net income to another state, as provided in paragraphs (b) through (f), upon
income
21.19allocated or apportioned to Minnesota, is entitled to a credit for the tax paid to
another state
21.20if the tax is actually paid in the taxable year or a subsequent taxable year. A taxpayer
who
21.21is a resident of this state pursuant to section
290.01, subdivision 7, paragraph (b), and who
21.22is subject to income tax as a resident in the state of the individual's domicile is
not allowed
21.23this credit unless the state of domicile does not allow a similar credit.
21.24(b) For an individual, estate, or trust, the credit is determined by multiplying the
tax
21.25payable under this chapter by the ratio derived by dividing the income subject to
tax in the
21.26other state that is also subject to tax in Minnesota while a resident of Minnesota
by the
21.27taxpayer's federal adjusted gross income, as defined in section 62 of the Internal
Revenue
21.28Code, modified by the addition required by section
290.0131, subdivision 2, and the
21.29subtraction allowed by section
290.0132, subdivision 2, to the extent the income is allocated
21.30or assigned to Minnesota under sections
290.081 and
290.17.
21.31(c) If the taxpayer is an athletic team that apportions all of its income under section
21.32290.17, subdivision 5
, the credit is determined by multiplying the tax payable under this
22.1chapter by the ratio derived from dividing the total net income subject to tax in
the other
22.2state by the taxpayer's Minnesota taxable income.
22.3(d)
(1) The credit determined under paragraph (b) or (c) shall not exceed the amount of
22.4tax so paid to the other state on the gross income earned within the other state subject
to
22.5tax under this chapter
, nor shall; and
22.6(2) the allowance of the credit
does not reduce the taxes paid under this chapter to an
22.7amount less than what would be assessed if
such income amount was the gross income
22.8earned within the other state were excluded from taxable net income.
22.9(e) In the case of the tax assessed on a lump-sum distribution under section
290.032, the
22.10credit allowed under paragraph (a) is the tax assessed by the other state on the lump-sum
22.11distribution that is also subject to tax under section
290.032, and shall not exceed the tax
22.12assessed under section
290.032. To the extent the total lump-sum distribution defined in
22.13section
290.032, subdivision 1, includes lump-sum distributions received in prior years or
22.14is all or in part an annuity contract, the reduction to the tax on the lump-sum distribution
22.15allowed under section
290.032, subdivision 2, includes tax paid to another state that is
22.16properly apportioned to that distribution.
22.17(f) If a Minnesota resident reported an item of income to Minnesota and is assessed
tax
22.18in such other state on that same income after the Minnesota statute of limitations
has expired,
22.19the taxpayer shall receive a credit for that year under paragraph (a), notwithstanding
any
22.20statute of limitations to the contrary. The claim for the credit must be submitted
within one
22.21year from the date the taxes were paid to the other state. The taxpayer must submit
sufficient
22.22proof to show entitlement to a credit.
22.23(g) For the purposes of this subdivision, a resident shareholder of a corporation
treated
22.24as an "S" corporation under section
290.9725, must be considered to have paid a tax imposed
22.25on the shareholder in an amount equal to the shareholder's pro rata share of any net
income
22.26tax paid by the S corporation to another state. For the purposes of the preceding
sentence,
22.27the term "net income tax" means any tax imposed on or measured by a corporation's
net
22.28income.
22.29(h) For the purposes of this subdivision, a resident partner of an entity taxed as
a
22.30partnership under the Internal Revenue Code must be considered to have paid a tax
imposed
22.31on the partner in an amount equal to the partner's pro rata share of any net income
tax paid
22.32by the partnership to another state. For purposes of the preceding sentence, the term
"net
22.33income" tax means any tax imposed on or measured by a partnership's net income.
22.34(i) For the purposes of this subdivision, "another state":
23.1(1) includes:
23.2(i) the District of Columbia; and
23.3(ii) a province or territory of Canada; but
23.4(2) excludes Puerto Rico and the several territories organized by Congress.
23.5(j) The limitations on the credit in paragraphs (b), (c), and (d), are imposed on
a state
23.6by state basis.
23.7(k) For a tax imposed by a province or territory of Canada, the tax for purposes of
this
23.8subdivision is the excess of the tax over the amount of the foreign tax credit allowed
under
23.9section 27 of the Internal Revenue Code. In determining the amount of the foreign
tax credit
23.10allowed, the net income taxes imposed by Canada on the income are deducted first.
Any
23.11remaining amount of the allowable foreign tax credit reduces the provincial or territorial
23.12tax that qualifies for the credit under this subdivision.
23.13(l)(1) The credit allowed to a qualifying individual under this section for tax paid
to a
23.14qualifying state equals the credit calculated under paragraphs (b) and (d), plus the
amount
23.15calculated by multiplying:
23.16(i) the difference between the preliminary credit and the credit calculated under
paragraphs
23.17(b) and (d), by
23.18(ii) the ratio derived by dividing the income subject to tax in the qualifying state
that
23.19consists of compensation for performance of personal or professional services by the
total
23.20amount of income subject to tax in the qualifying state.
23.21(2) If the amount of the credit that a qualifying individual is eligible to receive
under
23.22clause (1) for tax paid to a qualifying state exceeds the tax due under this chapter
before
23.23the application of the credit calculated under clause (1), the commissioner shall
refund the
23.24excess to the qualifying individual. An amount sufficient to pay the refunds required
by this
23.25subdivision is appropriated to the commissioner from the general fund.
23.26 (3) For purposes of this paragraph, "preliminary credit" means the credit that a qualifying
23.27individual is eligible to receive under paragraphs (b) and (d) for tax paid to a qualifying
23.28state without regard to the limitation in paragraph (d), clause (2); "qualifying individual"
23.29means a Minnesota resident under section 290.01, subdivision 7, paragraph (a), who
received
23.30compensation during the taxable year for the performance of personal or professional
services
23.31within a qualifying state; and "qualifying state" means a state with which an agreement
23.32under section 290.081 is not in effect for the taxable year but was in effect for
a taxable
23.33year beginning before January 1, 2010.
24.1EFFECTIVE DATE.This section is effective for taxable years beginning after December
24.231, 2016.
24.3 Sec. 19. Minnesota Statutes 2016, section 290.06, is amended by adding a subdivision to
24.4read:
24.5 Subd. 37. Beginning farmer incentive credit. (a) A beginning farmer incentive credit
24.6is allowed against the tax due under this chapter for the sale or rental of agricultural
assets
24.7to a beginning farmer according to section 41B.0391, subdivision 2.
24.8(b) The credit may be claimed only after approval and certification by the Rural Finance
24.9Authority according to section 41B.0391.
24.10(c) The credit is limited to the liability for tax, as computed under this chapter,
for the
24.11taxable year. If the amount of the credit determined under this subdivision for any
taxable
24.12year exceeds this limitation, the excess is a beginning farmer incentive credit carryover
to
24.13each of the 15 succeeding taxable years. The entire amount of the excess unused credit
for
24.14the taxable year is carried first to the earliest of the taxable years to which the
credit may
24.15be carried and then to each successive year to which the credit may be carried. The
amount
24.16of the unused credit which may be added under this paragraph must not exceed the taxpayer's
24.17liability for tax, less the beginning farmer incentive credit for the taxable year.
24.18(d) Credits allowed to a partnership, a limited liability company taxed as a partnership,
24.19an S corporation, or multiple owners of property are passed through to the partners,
members,
24.20shareholders, or owners, respectively, pro rata to each based on the partner's, member's,
24.21shareholder's, or owner's share of the entity's assets or as specially allocated in
the
24.22organizational documents or any other executed agreement, as of the last day of the
taxable
24.23year.
24.24(e) For a nonresident or part-year resident, the credit under this section must be
allocated
24.25using the percentage calculated in section 290.06, subdivision 2c, paragraph (e).
24.26(f) Notwithstanding the approval and certification by the Rural Finance Authority
under
24.27section 41B.0391, the commissioner may utilize any audit and examination powers under
24.28chapter 270C or 289A to the extent necessary to verify that the taxpayer is eligible
for the
24.29credit and to assess for the amount of any improperly claimed credit.
24.30EFFECTIVE DATE.This section is effective for taxable years beginning after December
24.3131, 2016.
25.1 Sec. 20. Minnesota Statutes 2016, section 290.06, is amended by adding a subdivision to
25.2read:
25.3 Subd. 38. Beginning farmer management credit. (a) A taxpayer who is a beginning
25.4farmer may take a credit against the tax due under this chapter for participation
in a financial
25.5management program according to section 41B.0391, subdivision 3.
25.6(b) The credit may be claimed only after approval and certification by the Rural Finance
25.7Authority according to section 41B.0391.
25.8(c) The credit is limited to the liability for tax, as computed under this chapter,
for the
25.9taxable year. If the amount of the credit determined under this subdivision for any
taxable
25.10year exceeds this limitation, the excess is a beginning farmer management credit carryover
25.11to each of the three succeeding taxable years. The entire amount of the excess unused
credit
25.12for the taxable year is carried first to the earliest of the taxable years to which
the credit
25.13may be carried and then to each successive year to which the credit may be carried.
The
25.14amount of the unused credit which may be added under this paragraph must not exceed
the
25.15taxpayer's liability for tax, less the beginning farmer management credit for the
taxable
25.16year.
25.17(d) For a part-year resident, the credit under this section must be allocated using
the
25.18percentage calculated in section 290.06, subdivision 2c, paragraph (e).
25.19(e) Notwithstanding the approval and certification by the Rural Finance Authority
under
25.20section 41B.0391, the commissioner may utilize any audit and examination powers under
25.21chapter 270C or 289A to the extent necessary to verify that the taxpayer is eligible
for the
25.22credit and to assess for the amount of any improperly claimed credit.
25.23EFFECTIVE DATE.This section is effective for taxable years beginning after December
25.2431, 2016.
25.25 Sec. 21. Minnesota Statutes 2016, section 290.067, subdivision 1, is amended to read:
25.26 Subdivision 1.
Amount of credit. (a) A taxpayer may take as a credit against the tax
25.27due from the taxpayer and a spouse, if any, under this chapter an amount equal to
the
25.28dependent care credit for which the taxpayer is eligible pursuant to the provisions
of section
25.2921 of the Internal Revenue Code
subject to the limitations provided in subdivision 2 except
25.30that in determining whether the child qualified as a dependent, income received as
a
25.31Minnesota family investment program grant or allowance to or on behalf of the child
must
25.32not be taken into account in determining whether the child received more than half
of the
26.1child's support from the taxpayer, and the provisions of section 32(b)(1)(D) of the
Internal
26.2Revenue Code do not apply.
26.3(b) If a child who has not attained the age of six years at the close of the taxable
year is
26.4cared for at a licensed family day care home operated by the child's parent, the taxpayer
is
26.5deemed to have paid employment-related expenses. If the child is 16 months old or
younger
26.6at the close of the taxable year, the amount of expenses deemed to have been paid
equals
26.7the maximum limit for one qualified individual under section 21(c) and (d) of the
Internal
26.8Revenue Code. If the child is older than 16 months of age but has not attained the
age of
26.9six years at the close of the taxable year, the amount of expenses deemed to have
been paid
26.10equals the amount the licensee would charge for the care of a child of the same age
for the
26.11same number of hours of care.
26.12(c) If a married couple:
26.13(1) has a child who has not attained the age of one year at the close of the taxable
year;
26.14(2) files a joint tax return for the taxable year; and
26.15(3) does not participate in a dependent care assistance program as defined in section
129
26.16of the Internal Revenue Code, in lieu of the actual employment related expenses paid
for
26.17that child under paragraph (a) or the deemed amount under paragraph (b), the lesser
of (i)
26.18the combined earned income of the couple or (ii) the amount of the maximum limit for
one
26.19qualified individual under section 21(c) and (d) of the Internal Revenue Code will
be deemed
26.20to be the employment related expense paid for that child. The earned income limitation
of
26.21section 21(d) of the Internal Revenue Code shall not apply to this deemed amount.
These
26.22deemed amounts apply regardless of whether any employment-related expenses have been
26.23paid.
26.24(d) If the taxpayer is not required and does not file a federal individual income
tax return
26.25for the tax year, no credit is allowed for any amount paid to any person unless:
26.26(1) the name, address, and taxpayer identification number of the person are included
on
26.27the return claiming the credit; or
26.28(2) if the person is an organization described in section 501(c)(3) of the Internal
Revenue
26.29Code and exempt from tax under section 501(a) of the Internal Revenue Code, the name
26.30and address of the person are included on the return claiming the credit.
26.31In the case of a failure to provide the information required under the preceding sentence,
26.32the preceding sentence does not apply if it is shown that the taxpayer exercised due
diligence
26.33in attempting to provide the information required.
27.1(e) In the case of a nonresident, part-year resident, or a person who has earned income
27.2not subject to tax under this chapter including earned income excluded pursuant to
section
27.3290.0132, subdivision 10
, the credit determined under section 21 of the Internal Revenue
27.4Code must be allocated based on the ratio by which the earned income of the claimant
and
27.5the claimant's spouse from Minnesota sources bears to the total earned income of the
claimant
27.6and the claimant's spouse.
27.7(f) For residents of Minnesota, the subtractions for military pay under section
290.0132,
27.8subdivisions 11
and 12, are not considered "earned income not subject to tax under this
27.9chapter."
27.10(g) For residents of Minnesota, the exclusion of combat pay under section 112 of the
27.11Internal Revenue Code is not considered "earned income not subject to tax under this
27.12chapter."
27.13(h) For taxpayers with federal adjusted gross income in excess of $50,000, the credit
is
27.14equal to the lesser of the credit otherwise calculated under this subdivision, or
the amount
27.15equal to $600 minus five percent of federal adjusted gross income in excess of $50,000
for
27.16taxpayers with one qualified individual, or $1,200 minus five percent of federal
adjusted
27.17gross income in excess of $50,000 for taxpayers with two or more qualified individuals,
27.18but in no case is the credit less than zero.
27.19EFFECTIVE DATE.This section is effective for taxable years beginning after December
27.2031, 2016.
27.21 Sec. 22. Minnesota Statutes 2016, section 290.067, subdivision 2b, is amended to read:
27.22 Subd. 2b.
Inflation adjustment. The commissioner shall adjust the dollar amount of
27.23the income threshold at which the maximum credit begins to be reduced under subdivision
27.242 1 by the percentage determined pursuant to the provisions of section 1(f) of the Internal
27.25Revenue Code, except that in section 1(f)(3)(B) the word
"1999" "2016" shall be substituted
27.26for the word "1992." For
2001 2018, the commissioner shall then determine the percent
27.27change from the 12 months ending on August 31,
1999 2016, to the 12 months ending on
27.28August 31,
2000 2017, and in each subsequent year, from the 12 months ending on August
27.2931,
1999 2016, to the 12 months ending on August 31 of the year preceding the taxable
27.30year. The determination of the commissioner pursuant to this subdivision must not
be
27.31considered a "rule" and is not subject to the Administrative Procedure Act contained
in
27.32chapter 14. The threshold amount as adjusted must be rounded to the nearest $10 amount.
27.33If the amount ends in $5, the amount is rounded up to the nearest $10 amount.
28.1EFFECTIVE DATE.This section is effective for taxable years beginning after December
28.231, 2016.
28.3 Sec. 23. Minnesota Statutes 2016, section 290.0671, subdivision 1, as amended by Laws
28.42017, chapter 1, section 6, is amended to read:
28.5 Subdivision 1.
Credit allowed. (a) An individual who is a resident of Minnesota is
28.6allowed a credit against the tax imposed by this chapter equal to a percentage of
earned
28.7income. To receive a credit, a taxpayer must be eligible for a credit under section
32 of the
28.8Internal Revenue Code.
28.9(b) For individuals with no qualifying children, the credit equals 2.10 percent of
the first
28.10$6,180 of earned income. The credit is reduced by 2.01 percent of earned income or
adjusted
28.11gross income, whichever is greater, in excess of $8,130, but in no case is the credit
less than
28.12zero.
28.13(c) For individuals with one qualifying child, the credit equals 9.35 percent of the
first
28.14$11,120 of earned income. The credit is reduced by 6.02 percent of earned income or
adjusted
28.15gross income, whichever is greater, in excess of $21,190, but in no case is the credit
less
28.16than zero.
28.17(d) For individuals with two or more qualifying children, the credit equals 11 percent
28.18of the first $18,240 of earned income. The credit is reduced by 10.82 percent of earned
28.19income or adjusted gross income, whichever is greater, in excess of $25,130, but in
no case
28.20is the credit less than zero.
28.21(e) For a part-year resident, the credit must be allocated based on the percentage
calculated
28.22under section
290.06, subdivision 2c, paragraph (e).
28.23(f) For a person who was a resident for the entire tax year and has earned income
not
28.24subject to tax under this chapter, including income excluded under section
290.0132,
28.25subdivision 10
, the credit must be allocated based on the ratio of federal adjusted gross
28.26income reduced by the earned income not subject to tax under this chapter over federal
28.27adjusted gross income. For purposes of this paragraph, the
following clauses are not
28.28considered "earned income not subject to tax under this chapter":
28.29(1) the subtractions for military pay under section
290.0132, subdivisions 11 and 12
,
28.30are not considered "earned income not subject to tax under this chapter."For the purposes
28.31of this paragraph,;
28.32(2) the exclusion of combat pay under section 112 of the Internal Revenue Code
is not
28.33considered "earned income not subject to tax under this chapter."; and
29.1(3) income derived from an Indian reservation by an enrolled member of the reservation
29.2while living on the reservation.
29.3(g) For tax years beginning after December 31, 2013, the $8,130 in paragraph (b),
the
29.4$21,190 in paragraph (c), and the $25,130 in paragraph (d), after being adjusted for
inflation
29.5under subdivision 7, are each increased by $5,000 for married taxpayers filing joint
returns.
29.6For tax years beginning after December 31, 2013, the commissioner shall annually adjust
29.7the $5,000 by the percentage determined pursuant to the provisions of section 1(f)
of the
29.8Internal Revenue Code, except that in section 1(f)(3)(B), the word "2008" shall be
substituted
29.9for the word "1992." For 2014, the commissioner shall then determine the percent change
29.10from the 12 months ending on August 31, 2008, to the 12 months ending on August 31,
29.112013, and in each subsequent year, from the 12 months ending on August 31, 2008, to
the
29.1212 months ending on August 31 of the year preceding the taxable year. The earned income
29.13thresholds as adjusted for inflation must be rounded to the nearest $10. If the amount
ends
29.14in $5, the amount is rounded up to the nearest $10. The determination of the commissioner
29.15under this subdivision is not a rule under the Administrative Procedure Act.
29.16(h) The commissioner shall construct tables showing the amount of the credit at various
29.17income levels and make them available to taxpayers. The tables shall follow the schedule
29.18contained in this subdivision, except that the commissioner may graduate the transition
29.19between income brackets.
29.20EFFECTIVE DATE.This section is effective for taxable years beginning after December
29.2131, 2016.
29.22 Sec. 24. Minnesota Statutes 2016, section 290.0674, subdivision 1, is amended to read:
29.23 Subdivision 1.
Credit allowed. An individual is allowed a credit against the tax imposed
29.24by this chapter in an amount equal to 75 percent of the amount paid for education-related
29.25expenses for a qualifying child
in a prekindergarten educational program or in kindergarten
29.26through grade 12. For purposes of this section, "education-related expenses" means:
29.27(1) fees or tuition for instruction by an instructor under section
120A.22, subdivision
29.2810
, clause (1), (2), (3), (4), or (5), or a member of the Minnesota Music Teachers Association,
29.29and who is not a lineal ancestor or sibling of the dependent for instruction outside
the regular
29.30school day or school year, including tutoring, driver's education offered as part
of school
29.31curriculum, regardless of whether it is taken from a public or private entity or summer
29.32camps, in grade or age appropriate curricula that supplement curricula and instruction
29.33available during the regular school year, that assists a dependent to improve knowledge
of
29.34core curriculum areas or to expand knowledge and skills under the required academic
30.1standards under section
120B.021, subdivision 1, and the elective standard under section
30.2120B.022, subdivision 1
, clause (2), and that do not include the teaching of religious tenets,
30.3doctrines, or worship, the purpose of which is to instill such tenets, doctrines,
or worship;
30.4(2) expenses for textbooks, including books and other instructional materials and
30.5equipment purchased or leased for use in elementary and secondary schools in teaching
30.6only those subjects legally and commonly taught in public elementary and secondary
schools
30.7in this state. "Textbooks" does not include instructional books and materials used
in the
30.8teaching of religious tenets, doctrines, or worship, the purpose of which is to instill
such
30.9tenets, doctrines, or worship, nor does it include books or materials for extracurricular
30.10activities including sporting events, musical or dramatic events, speech activities,
driver's
30.11education, or similar programs;
30.12(3) a maximum expense of $200 per family for personal computer hardware, excluding
30.13single purpose processors, and educational software that assists a dependent to improve
30.14knowledge of core curriculum areas or to expand knowledge and skills under the required
30.15academic standards under section
120B.021, subdivision 1, and the elective standard under
30.16section
120B.022, subdivision 1, clause (2), purchased for use in the taxpayer's home and
30.17not used in a trade or business regardless of whether the computer is required by
the
30.18dependent's school;
and
30.19(4) the amount paid to others for
tuition and transportation of a qualifying child attending
30.20an elementary or secondary school situated in Minnesota, North Dakota, South Dakota,
30.21Iowa, or Wisconsin, wherein a resident of this state may legally fulfill the state's
compulsory
30.22attendance laws, which is not operated for profit, and which adheres to the provisions
of
30.23the Civil Rights Act of 1964 and chapter 363A. Amounts under this clause exclude any
30.24expense the taxpayer incurred in using the taxpayer's or the qualifying child's vehicle
.; and
30.25(5) fees charged for enrollment in a prekindergarten educational program, to the extent
30.26not used to claim the credit under section 290.067.
30.27For purposes of this section, "qualifying child" has the meaning given in section
32(c)(3)
30.28of the Internal Revenue Code
, but is limited to children who have attained at least the age
30.29of three during the taxable year.
30.30For purposes of this section, "prekindergarten educational program" means:
30.31 (1) prekindergarten programs established by a school district under chapter 124D;
31.1 (2) preschools, nursery schools, and early childhood development programs licensed
by
31.2the Department of Human Services and accredited by the National Association for the
31.3Education of Young Children or National Early Childhood Program Accreditation;
31.4 (3) Montessori programs affiliated with or accredited by the American Montessori
31.5Society or American Montessori International; and
31.6 (4) child care programs provided by family day care providers holding a current early
31.7childhood development credential approved by the commissioner of human services.
31.8EFFECTIVE DATE.This section is effective for taxable years beginning after December
31.931, 2016.
31.10 Sec. 25. Minnesota Statutes 2016, section 290.0674, subdivision 2, is amended to read:
31.11 Subd. 2.
Limitations. (a) For claimants with income not greater than
$33,500 $42,000,
31.12the maximum credit allowed for a family is
$1,000 $1,500 multiplied by the number of
31.13qualifying children in
a prekindergarten educational program or in kindergarten through
31.14grade 12 in the family. The maximum credit
for families with one qualifying child in
31.15kindergarten through grade 12 is reduced by $1 for each
$4 $10 of household income over
31.16$33,500, and the maximum credit for families with two or more qualifying children
in
31.17kindergarten through grade 12 is reduced by $2 for each $4 of household income over
31.18$33,500 $42,000, but in no case is the credit less than zero.
31.19For purposes of this section "income" has the meaning given in section
290.067,
31.20subdivision 2a
. In the case of a married claimant, a credit is not allowed unless a joint income
31.21tax return is filed.
31.22(b) For a nonresident or part-year resident, the credit determined under subdivision
1
31.23and the maximum credit amount in paragraph (a) must be allocated using the percentage
31.24calculated in section
290.06, subdivision 2c, paragraph (e).
31.25EFFECTIVE DATE.This section is effective for taxable years beginning after December
31.2631, 2016.
31.27 Sec. 26. Minnesota Statutes 2016, section 290.0674, is amended by adding a subdivision
31.28to read:
31.29 Subd. 6. Inflation adjustment. The credit amount and the income threshold at which
31.30the maximum credit begins to be reduced in subdivision 2 must be adjusted for inflation.
31.31The commissioner shall adjust the credit amount and income threshold by the percentage
31.32determined pursuant to the provisions of section 1(f) of the Internal Revenue Code,
except
32.1that in section 1(f)(3)(B) the word "2017" shall be substituted for the word "1992."
For
32.22019, the commissioner shall then determine the percent change from the 12 months
ending
32.3on August 31, 2017, to the 12 months ending on August 31, 2018, and in each subsequent
32.4year, from the 12 months ending August 31, 2017, to the 12 months ending on August
31
32.5of the year preceding the taxable year. The credit amount and income threshold as
adjusted
32.6for inflation must be rounded to the nearest $10 amount. If the amount ends in $5,
the amount
32.7is rounded up to the nearest $10 amount. The determination of the commissioner under
this
32.8subdivision is not a rule subject to the Administrative Procedure Act in chapter 14,
including
32.9section 14.386.
32.10EFFECTIVE DATE.This section is effective for taxable years beginning after December
32.1131, 2018.
32.12 Sec. 27. Minnesota Statutes 2016, section 290.068, subdivision 1, is amended to read:
32.13 Subdivision 1.
Credit allowed. A corporation, partners in a partnership, or shareholders
32.14in a corporation treated as an "S" corporation under section
290.9725 are allowed a credit
32.15against the tax computed under this chapter for the taxable year equal to:
32.16 (a)
ten 15 percent of the first $2,000,000 of the excess (if any) of
32.17 (1) the qualified research expenses for the taxable year, over
32.18 (2) the base amount; and
32.19 (b)
2.5 five percent on all of such excess expenses over $2,000,000.
32.20EFFECTIVE DATE.This section is effective for taxable years beginning after December
32.2131, 2016.
32.22 Sec. 28. Minnesota Statutes 2016, section 290.068, subdivision 2, is amended to read:
32.23 Subd. 2.
Definitions. For purposes of this section, the following terms have the meanings
32.24given.
32.25 (a) "Qualified research expenses" means (i) qualified research expenses and basic
research
32.26payments as defined in section 41(b) and (e) of the Internal Revenue Code, except
it does
32.27not include expenses incurred for qualified research or basic research conducted outside
32.28the state of Minnesota pursuant to section 41(d) and (e) of the Internal Revenue Code;
and
32.29(ii) contributions to a nonprofit corporation established and operated pursuant to
the
32.30provisions of chapter 317A for the purpose of promoting the establishment and expansion
32.31of business in this state, provided the contributions are invested by the nonprofit
corporation
33.1for the purpose of providing funds for small, technologically innovative enterprises
in
33.2Minnesota during the early stages of their development.
33.3 (b) "Qualified research" means qualified research as defined in section 41(d) of the
33.4Internal Revenue Code, except that the term does not include qualified research conducted
33.5outside the state of Minnesota.
33.6 (c) "Base amount" means
:
33.7 (1) for taxpayers not subject to clause (2), the base amount as defined in section 41(c)
33.8of the Internal Revenue Code, except that the average annual gross receipts must be
calculated
33.9using Minnesota sales or receipts under section
290.191 and the definitions contained in
33.10clauses paragraphs (a) and (b)
shall apply
.; or
33.11 (2) for a taxpayer with an alternative simplified credit election in place under subdivision
33.122a for the taxable year, 50 percent of the average qualified research expenses for
the three
33.13taxable years preceding the taxable year for which the credit is being determined.
In no case
33.14shall the base amount be less than 50 percent of the qualified research expenses for
the
33.15taxable year.
33.16EFFECTIVE DATE.This section is effective for taxable years beginning after December
33.1731, 2017.
33.18 Sec. 29. Minnesota Statutes 2016, section 290.068, is amended by adding a subdivision
33.19to read:
33.20 Subd. 2a. Alternative simplified credit election. (a) A taxpayer qualifying for a credit
33.21under this section may elect on an original return, including all extensions, to calculate
its
33.22base amount under subdivision 2, paragraph (c), clause (2), for the taxable year.
The taxpayer
33.23must make the election on or before the date the return is due under section 289A.18,
with
33.24any extensions allowed under section 289A.19. An election to use the alternative simplified
33.25credit remains in effect for all subsequent years, unless revoked. The taxpayer may
revoke
33.26the election by filing a notice on a form prescribed by the commissioner on or before
the
33.27due date for the return affected by the revocation, with any extension allowed under
section
33.28289A.19. A taxpayer may revoke the election without approval of the commissioner.
33.29(b) For a partnership, the election must be made by the partnership on the partnership
33.30return or other form, as required by the commissioner, and applies to all of its partners.
33.31EFFECTIVE DATE.This section is effective for taxable years beginning after December
33.3231, 2017.
34.1 Sec. 30.
[290.0682] STUDENT LOAN CREDIT.
34.2 Subdivision 1. Definitions. (a) For purposes of this section, the following terms have
34.3the meanings given.
34.4 (b) "Adjusted gross income" means federal adjusted gross income as defined in section
34.562 of the Internal Revenue Code.
34.6 (c) "Earned income" has the meaning given in section 32(c) of the Internal Revenue
34.7Code.
34.8 (d) "Eligible individual" means a resident individual with one or more qualified education
34.9loans related to an undergraduate or graduate degree program at a postsecondary educational
34.10institution.
34.11 (e) "Eligible loan payments" means the amount the eligible individual paid during
the
34.12taxable year in principal and interest on qualified education loans.
34.13 (f) "Postsecondary educational institution" means a public or nonprofit postsecondary
34.14institution eligible for state student aid under section 136A.103 or, if the institution
is not
34.15located in this state, a public or nonprofit postsecondary institution participating
in the
34.16federal Pell Grant program under title IV of the Higher Education Act of 1965, Public
Law
34.1789-329, as amended.
34.18 (g) "Qualified education loan" has the meaning given in section 221 of the Internal
34.19Revenue Code, but is limited to indebtedness incurred on behalf of the eligible individual.
34.20 Subd. 2. Credit allowed. (a) An eligible individual is allowed a credit against the tax
34.21due under this chapter.
34.22 (b) The credit for an eligible individual equals the least of:
34.23 (1) eligible loan payments minus ten percent of an amount equal to adjusted gross
income
34.24in excess of $10,000, but in no case less than zero;
34.25 (2) the earned income for the taxable year of the eligible individual, if any;
34.26 (3) the sum of:
34.27 (i) the interest portion of eligible loan payments made during the taxable year; and
34.28 (ii) ten percent of the original loan amount of all qualified education loans of the
eligible
34.29individual; or
34.30 (4) $500.
35.1(c) For a part-year resident, the credit must be allocated based on the percentage
calculated
35.2under section 290.06, subdivision 2c, paragraph (e).
35.3(d) In the case of a married couple, each spouse is eligible for the credit in this
section.
35.4EFFECTIVE DATE.This section is effective for taxable years beginning after December
35.531, 2016.
35.6 Sec. 31.
[290.0683] SECTION 529 COLLEGE SAVINGS PLAN CREDIT.
35.7 Subdivision 1. Definitions. (a) For purposes of this section, the following terms have
35.8the meanings given to them.
35.9(b) "Federal adjusted gross income" has the meaning given under section 62(a) of the
35.10Internal Revenue Code.
35.11(c) "Qualified higher education expenses" has the meaning given in section 529 of
the
35.12Internal Revenue Code.
35.13 Subd. 2. Credit allowed. (a) A credit is allowed to a resident individual against the tax
35.14imposed by this chapter. The credit is not allowed to an individual who is eligible
to be
35.15claimed as a dependent, as defined in sections 151 and 152 of the Internal Revenue
Code.
35.16(b) The amount of the credit allowed equals 50 percent of the amount contributed in
a
35.17taxable year to one or more accounts in plans qualifying under section 529 of the
Internal
35.18Revenue Code, reduced by any withdrawals from accounts made during the taxable year.
35.19The maximum credit is $500, subject to the phaseout in paragraphs (c) and (d). In
no case
35.20is the credit less than zero.
35.21(c) For individual filers, the maximum credit is reduced by two percent of adjusted
gross
35.22income in excess of $75,000.
35.23(d) For married couples filing a joint return, the maximum credit is phased out as
follows:
35.24(1) for married couples with adjusted gross income in excess of $75,000, but not more
35.25than $100,000, the maximum credit is reduced by one percent of adjusted gross income
in
35.26excess of $75,000;
35.27(2) for married couples with adjusted gross income in excess of $100,000, but not
more
35.28than $135,000, the maximum credit is $250; and
35.29(3) for married couples with adjusted gross income in excess of $135,000, the maximum
35.30credit is $250, reduced by one percent of adjusted gross income in excess of $135,000.
36.1(e) The income thresholds in paragraphs (c) and (d) used to calculate the maximum
36.2credit must be adjusted for inflation. The commissioner shall adjust the income thresholds
36.3by the percentage determined under the provisions of section 1(f) of the Internal
Revenue
36.4Code, except that in section 1(f)(3)(B) the word "2016" is substituted for the word
"1992."
36.5For 2018, the commissioner shall then determine the percent change from the 12 months
36.6ending on August 31, 2016, to the 12 months ending on August 31, 2017, and in each
36.7subsequent year, from the 12 months ending on August 31, 2016, to the 12 months ending
36.8on August 31 of the year preceding the taxable year. The income thresholds as adjusted
for
36.9inflation must be rounded to the nearest $10 amount. If the amount ends in $5, the
amount
36.10is rounded up to the nearest $10 amount. The determination of the commissioner under
this
36.11subdivision is not subject to chapter 14, including section 14.386.
36.12 Subd. 3. Allocation. For a part-year resident, the credit must be allocated based on the
36.13percentage calculated under section 290.06, subdivision 2c, paragraph (e).
36.14 Subd. 4. Revocation. If an individual makes a withdrawal of contributions for a purpose
36.15other than to pay for qualified higher education expenses, then:
36.16(1) contributions used to claim the credit are considered to be the first contributions
36.17withdrawn; and
36.18(2) the amount of any credit allowed to any individual under this section in a prior
tax
36.19year for such contributions must be paid by the individual who makes the withdrawal
as
36.20additional income tax for the taxable year in which the individual makes the withdrawal.
36.21EFFECTIVE DATE.This section is effective for taxable years beginning after December
36.2231, 2016.
36.23 Sec. 32.
[290.0684] CREDIT FOR ATTAINING MASTER'S DEGREE IN
36.24TEACHER'S LICENSURE FIELD.
36.25 Subdivision 1. Definitions. (a) For purposes of this section, the following terms have
36.26the meanings given them.
36.27(b) "Master's degree program" means a graduate-level program at an accredited university
36.28leading to a master of arts or science degree in a core content area directly related
to a
36.29qualified teacher's licensure field. The master's degree program may not include pedagogy
36.30or a pedagogy component. To be eligible under this credit, a licensed elementary school
36.31teacher must pursue and complete a master's degree program in a core content area
in which
36.32the teacher provides direct classroom instruction.
36.33(c) "Qualified teacher" means a person who:
37.1(1) holds a teaching license issued by the licensing division in the Department of
37.2Education on behalf of the Minnesota Board of Teaching both when the teacher begins
the
37.3master's degree program and when the teacher completes the master's degree program;
37.4(2) began a master's degree program after June 30, 2017; and
37.5(3) completes the master's degree program during the taxable year.
37.6(d) "Core content area" means the academic subject of reading, English or language
arts,
37.7mathematics, science, foreign languages, civics and government, economics, arts, history,
37.8or geography.
37.9 Subd. 2. Credit allowed. (a) An individual who is a qualified teacher is allowed a credit
37.10against the tax imposed under this chapter. The credit equals the lesser of $2,500
or the
37.11amount the individual paid for tuition, fees, books, and instructional materials necessary
to
37.12completing the master's degree program and for which the individual did not receive
37.13reimbursement from an employer or scholarship.
37.14(b) For a nonresident or a part-year resident, the credit under this subdivision must
be
37.15allocated based on the percentage calculated under section 290.06, subdivision 2c,
paragraph
37.16(e).
37.17(c) A qualified teacher may claim the credit in this section only one time for each
master's
37.18degree program completed in a core content area.
37.19EFFECTIVE DATE.This section is effective for taxable years beginning after December
37.2031, 2016.
37.21 Sec. 33. Minnesota Statutes 2016, section 290.0692, is amended by adding a subdivision
37.22to read:
37.23 Subd. 6. Sunset. This section expires at the same time and on the same terms as section
37.24116J.8737, except that the expiration of this section does not affect the commissioner
of
37.25revenue's authority to audit or power of examination and assessment for credits claimed
37.26under this section.
37.27EFFECTIVE DATE.This section is effective the day following final enactment.
37.28 Sec. 34.
[290.0693] EQUITY AND OPPORTUNITY IN EDUCATION TAX CREDIT.
37.29 Subdivision 1. Definitions. (a) For purposes of this section, the following terms have
37.30the meanings given.
37.31(b) "Eligible student" means a student who:
38.1(1) resides in Minnesota;
38.2(2) is a member of a household that has total annual income during the year prior
to
38.3initial receipt of a qualified scholarship or a qualified transportation scholarship,
without
38.4consideration of the benefits under this program that does not exceed an amount equal
to
38.5two times the income standard used to qualify for a reduced-price meal under the National
38.6School Lunch Program; and
38.7(3) meets one of the following criteria:
38.8(i) attended a school, as defined in section 120A.22, subdivision 4, in the semester
38.9preceding initial receipt of a qualified scholarship or a qualified transportation
scholarship;
38.10(ii) is younger than age seven and not enrolled in kindergarten or first grade in
the
38.11semester preceding initial receipt of a qualified scholarship or a qualified transportation
38.12scholarship;
38.13(iii) previously received a qualified scholarship or a qualified transportation scholarship
38.14under this section; or
38.15(iv) lived in Minnesota for less than a year prior to initial receipt of a qualified
scholarship
38.16or a qualified transportation scholarship.
38.17(c) "Equity and opportunity in education donation" means a donation to a qualified
38.18foundation that awards qualified scholarships, awards qualified transportation scholarships,
38.19makes qualified grants, or is a qualified public school foundation.
38.20(d) "Household" means household as used to determine eligibility under the National
38.21School Lunch Program.
38.22(e) "National School Lunch Program" means the program in United States Code, title
38.2342, section 1758.
38.24(f) "Qualified charter school" means a charter elementary or secondary school in
38.25Minnesota at which at least 30 percent of students qualify for a free or reduced-price
meal
38.26under the National School Lunch Program.
38.27(g) "Qualified foundation" means a nonprofit organization granted an exemption from
38.28the federal income tax under section 501(c)(3) of the Internal Revenue Code that has
been
38.29approved as a qualified foundation by the commissioner of revenue under subdivision
5.
38.30(h) "Qualified grant" means a grant from a qualified foundation to a qualified charter
38.31school for use in support of the school's mission of educating students in academics,
arts,
38.32or athletics, including transportation.
39.1(i) "Qualified public school foundation" means a qualified foundation formed for the
39.2primary purpose of supporting one or more public schools or school districts in Minnesota
39.3at which at least 30 percent of students qualify for a free or reduced-price meal
under the
39.4National School Lunch Program.
39.5(j) "Qualified scholarship" means a payment from a qualified foundation to or on behalf
39.6of the parent or guardian of an eligible student for payment of tuition for enrollment
in
39.7grades kindergarten through 12 at a qualified school. A qualified scholarship must
not
39.8exceed an amount greater than 70 percent of the state average general education revenue
39.9under section 126C.10, subdivision 1, per pupil unit.
39.10(k) "Qualified school" means a school operated in Minnesota that is a nonpublic
39.11elementary or secondary school in Minnesota wherein a resident may legally fulfill
the
39.12state's compulsory attendance laws that is not operated for profit, and that adheres
to the
39.13provisions of United States Code, title 42, section 1981, and chapter 363A.
39.14(l) "Qualified transportation scholarship" means a payment from a qualified foundation
39.15to or on behalf of a parent or guardian of an eligible student for payment of transportation
39.16to a school, as defined in section 120A.22, subdivision 4. A qualified transportation
39.17scholarship must not exceed an amount greater than 70 percent of the state average
general
39.18education revenue under section 126C.10, subdivision 1, per pupil unit.
39.19(m) "Total annual income" means the income measure used to determine eligibility
39.20under the National School Lunch Program.
39.21 Subd. 2. Credit allowed. (a) An individual or corporate taxpayer who has been issued
39.22a credit certificate under subdivision 3 is allowed a credit against the tax due under
this
39.23chapter equal to 70 percent of the amount of the equity and opportunity donation made
39.24during the taxable year to the qualified foundation, including a qualified public
school
39.25foundation, designated on the taxpayer's credit certificate. No credit is allowed
if the taxpayer
39.26designates a specific child as the beneficiary of the contribution. No credit is allowed
to a
39.27taxpayer for an equity and opportunity in education donation made before the taxpayer
was
39.28issued a credit certificate as provided in subdivision 3.
39.29(b) The maximum annual credit allowed is:
39.30(1) $21,000 for married joint filers for a one-year donation of $30,000;
39.31(2) $10,500 for other individual filers for a one-year donation of $15,000; and
39.32(3) $105,000 for corporate filers for a one-year donation of $150,000.
40.1(c) A taxpayer must provide a copy of the receipt provided by the qualified foundation
40.2when claiming the credit for the donation if requested by the commissioner.
40.3(d) The credit is limited to the liability for tax under this chapter, including the
tax
40.4imposed by sections 290.0921 and 290.0922.
40.5(e) If the amount of the credit under this subdivision for any taxable year exceeds
the
40.6limitations under paragraph (d), the excess is a credit carryover to each of the five
succeeding
40.7taxable years. The entire amount of the excess unused credit for the taxable year
must be
40.8carried first to the earliest of the taxable years to which the credit may be carried.
The
40.9amount of the unused credit that may be added under this paragraph may not exceed
the
40.10taxpayer's liability for tax, less the credit for the taxable year. No credit may
be carried to
40.11a taxable year more than five years after the taxable year in which the credit was
earned.
40.12 Subd. 3. Application for credit certificate. (a) The commissioner must make applications
40.13for tax credits for 2018 available on the department's Web site by January 1, 2018.
40.14Applications for subsequent years must be made available by January 1 of the taxable
year.
40.15(b) A taxpayer must apply to the commissioner for an equity and opportunity in education
40.16tax credit certificate. The application must be in the form and manner specified by
the
40.17commissioner. The application must designate the qualified foundation to which the
taxpayer
40.18intends to make a donation, and if the donation is for the purpose of awarding qualified
40.19scholarships, awarding qualified transportation scholarships, awarding qualified grants,
or
40.20making expenditures in support of one or more public schools or school districts.
The
40.21commissioner must begin accepting applications for a taxable year on January 1. The
40.22commissioner must issue tax credit certificates under this section on a first-come,
first-served
40.23basis until the maximum statewide credit amounts have been reached. The certificates
must
40.24list the qualified foundation, or the qualified public school foundation, the taxpayer
designated
40.25on the application, and if the donation is to be used for awarding qualified scholarships,
40.26awarding qualified transportation scholarships, awarding qualified grants, or making
40.27expenditures in support of one or more public schools or school districts.
40.28(c) The maximum statewide credit amount for tax credits for donations to qualified
40.29foundations for the purpose of awarding qualified scholarships and qualified transportation
40.30scholarships is $33,000,000 per taxable year for taxable years beginning after December
40.3131, 2017.
40.32(d) The maximum statewide credit amount for donations to qualified foundations for
40.33the purpose of awarding qualified grants and for donations to qualified public school
41.1foundations is $2,000,000 per taxable year for taxable years beginning after December
31,
41.22017.
41.3(e) Any portion of a taxable year's credits for which a tax credit certificate is
not issued
41.4does not cancel and may be carried forward to subsequent taxable years.
41.5(f) The commissioner must not issue a tax credit certificate for an amount greater
than
41.6the limits in subdivision 2.
41.7(g) The commissioner must not issue a credit certificate for an application that designates
41.8a qualified foundation that the commissioner has barred from participation as provided
in
41.9subdivision 5.
41.10 Subd. 4. Responsibilities of qualified foundations. (a) An entity that is eligible to be
41.11a qualified foundation must apply to the commissioner by September 15 of the year
preceding
41.12the year in which it will first receive donations that qualify for a credit under
this section.
41.13The application must be in the form and manner prescribed by the commissioner. The
41.14application must:
41.15(1) demonstrate to the commissioner that the entity is exempt from the federal income
41.16tax as an organization described in section 501(c)(3) of the Internal Revenue Code;
41.17(2) demonstrate the entity's financial accountability by submitting its most recent
audited
41.18financial statement prepared by a certified public accountant firm licensed under
chapter
41.19326A using the Statements on Auditing Standards issued by the Audit Standards Board
of
41.20the American Institute of Certified Public Accountants; and
41.21(3) specify if the entity intends to award qualified scholarships, award qualified
41.22transportation scholarships, award qualified grants, or if the entity is a qualified
public
41.23school foundation. An entity may award any combination of qualified scholarships,
qualified
41.24transportation scholarships, and qualified grants.
41.25(b) A qualified foundation must provide to taxpayers who make donations or
41.26commitments to donate a receipt or verification on a form approved by the commissioner.
41.27(c) A qualified foundation that awards qualified scholarships or qualified transportation
41.28scholarships must:
41.29(1) award qualified scholarships or qualified transportation scholarships to eligible
41.30students;
41.31(2) not restrict the availability of scholarships to students of one qualified school;
41.32(3) not charge a fee of any kind for a child to be considered for a scholarship; and
42.1(4) require a qualified school receiving payment of tuition through a scholarship
funded
42.2by contributions qualifying for the tax credit under this section to sign an agreement
that it
42.3will not use different admissions standards for a student with a qualified scholarship.
42.4(d) A qualified foundation that awards qualified scholarships must, in each year it
awards
42.5qualified scholarships to eligible students to enroll in a qualified school, obtain
from the
42.6qualified school documentation that the school:
42.7(i) complies with all health and safety laws or codes that apply to nonpublic schools;
42.8(ii) holds a valid occupancy permit if required by its municipality;
42.9(iii) certifies that it adheres to the provisions of chapter 363A and United States
Code,
42.10title 42, section 1981; and
42.11(iv) provides academic accountability to parents of students in the program by regularly
42.12reporting to the parents on the student's progress.
42.13A qualified foundation must make the documentation available to the commissioner on
42.14request.
42.15(e) A qualified foundation must, by June 1 of each year following a year in which
it
42.16receives donations, provide the following information to the commissioner:
42.17(1) financial information that demonstrates the financial viability of the qualified
42.18foundation, if it is to receive donations of $150,000 or more during the year;
42.19(2) documentation that it has conducted criminal background checks on all of its
42.20employees and board members and has excluded from employment or governance any
42.21individuals who might reasonably pose a risk to the appropriate use of contributed
funds;
42.22(3) consistent with paragraph (f), document that it has used amounts received as donations
42.23to provide qualified scholarships, to provide qualified transportation scholarships,
to make
42.24qualified grants, or to make expenditures in support of one or more public schools
or school
42.25districts, as specified on the tax credit certificates issued for the donations, within
one
42.26calendar year of the calendar year in which it received the donation;
42.27(4) if the qualified foundation awards qualified scholarships or qualified transportation
42.28scholarships, a list of qualified schools that enrolled eligible students to whom
the qualified
42.29foundation awarded qualified scholarships or qualified transportation scholarships;
42.30(5) if the qualified foundation makes qualified grants, a list of qualified charter
schools
42.31to which the qualified foundation made qualified grants;
43.1(6) if the qualified foundation is a qualified public school foundation, a list of
expenditures
43.2made in support of the mission of one or more public schools or school districts of
educating
43.3students in academics, arts, or athletics, including transportation; and
43.4(7) the following information prepared by a certified public accountant regarding
43.5donations received in the previous calendar year:
43.6(i) the total number and total dollar amount of donations received from taxpayers;
43.7(ii) the dollar amount of donations used for administrative expenses, as allowed by
43.8paragraph (f);
43.9(iii) if the qualified foundation awarded qualified scholarships, the total number
and
43.10dollar amount of qualified scholarships awarded;
43.11(iv) if the qualified foundation awarded qualified transportation scholarships, the
total
43.12number and dollar amount of qualified transportation scholarships awarded;
43.13(v) if the qualified foundation made qualified grants, the total number and dollar
amount
43.14of qualified grants made; and
43.15(vi) if the qualified foundation is a qualified public school foundation, the total
number
43.16and dollar amount of expenditures made in support of the mission of one or more public
43.17schools or school districts of educating students in academics, arts, or athletics,
including
43.18transportation.
43.19(f) The foundation may use up to five percent of the amounts received as donations
for
43.20reasonable administrative expenses, including but not limited to fund-raising, scholarship
43.21tracking, and reporting requirements.
43.22 Subd. 5. Responsibilities of commissioner. (a) The commissioner must make
43.23applications for an entity to be approved as a qualified foundation for a taxable
year available
43.24on the department's Web site by August 1 of the year preceding the taxable year. The
43.25commissioner must approve an application that provides the documentation required
in
43.26subdivision 4, paragraph (a), within 60 days of receiving the application. The commissioner
43.27must notify a foundation that provides incomplete documentation and the foundation
may
43.28resubmit its application within 30 days.
43.29(b) By November 15 of each year, the commissioner must post on the department's Web
43.30site the names and addresses of qualified foundations for the next taxable year. For
each
43.31qualified foundation, the list must indicate if the foundation intends to award qualified
43.32scholarships, award qualified transportation scholarships, award qualified grants,
or is a
43.33qualified public school foundation. The commissioner must regularly update the names
and
44.1addresses of any qualified foundations that have been barred from participating in
the
44.2program.
44.3(c) The commissioner must prescribe a standardized format for a receipt to be issued
by
44.4a qualified foundation to a taxpayer to indicate the amount of a donation received
and of a
44.5commitment to make a donation.
44.6(d) The commissioner must prescribe a standardized format for qualified foundations
44.7to report the information required under subdivision 4, paragraph (e).
44.8(e) The commissioner may conduct either a financial review or audit of a qualified
44.9foundation upon finding evidence of fraud or intentional misreporting. If the commissioner
44.10determines that the qualified foundation committed fraud or intentionally misreported
44.11information, the qualified foundation is barred from further program participation.
44.12(f) If a qualified foundation fails to submit the documentation required under subdivision
44.134, paragraph (e), by June 1, the commissioner must notify the qualified foundation
by July
44.141. A qualified foundation that fails to submit the required information by August
1 is barred
44.15from participation for the next taxable year.
44.16(g) If a qualified foundation fails to comply with the requirements of subdivision
4,
44.17paragraph (e), the commissioner must by September 1 notify the qualified foundation
that
44.18it has until November 1 to document that it has remedied its noncompliance. A qualified
44.19foundation that fails to document that it has remedied its noncompliance by November
1 is
44.20barred from participation for the next taxable year.
44.21(h) A qualified foundation barred under paragraph (f) or (g) may become eligible to
44.22participate by submitting the required information in future years.
44.23(i) Determinations of the commissioner under this subdivision are not considered rules
44.24and are not subject to the Administrative Procedures Act in chapter 14, including
section
44.2514.386.
44.26 Subd. 6. Special education services. A student's receipt of a qualified scholarship under
44.27this section does not affect the student's eligibility for instruction and service
under section
44.28125A.18 or otherwise affect the student's status under federal special education laws.
44.29EFFECTIVE DATE.This section is effective the day following final enactment for
44.30donations made and credits allowed in taxable years beginning after December 31, 2017.
44.31 Sec. 35. Minnesota Statutes 2016, section 290.081, is amended to read:
44.32290.081 INCOME OF NONRESIDENTS, RECIPROCITY.
45.1(a) The compensation received for the performance of personal or professional services
45.2within this state by an individual whose residence, place of abode, and place customarily
45.3returned to at least once a month is in another state, shall be excluded from gross
income
45.4to the extent such compensation is subject to an income tax imposed by the state of
residence;
45.5provided that such state allows a similar exclusion of compensation received by residents
45.6of Minnesota for services performed therein.
45.7(b) When it is deemed to be in the best interests of the people of this state, the
45.8commissioner may determine that the provisions of paragraph (a) shall not apply. As
long
45.9as the provisions of paragraph (a) apply between Minnesota and Wisconsin, the provisions
45.10of paragraph (a) shall apply to any individual who is domiciled in Wisconsin.
45.11(c) For the purposes of paragraph (a), whenever the Wisconsin tax on Minnesota residents
45.12which would have been paid Wisconsin without paragraph (a) exceeds the Minnesota tax
45.13on Wisconsin residents which would have been paid Minnesota without paragraph (a),
or
45.14vice versa, then the state with the net revenue loss
resulting from calculated under paragraph
45.15(a) (e) shall receive from the other state the amount of such loss.
This provision shall be
45.16effective for all years beginning after December 31, 1972. The data used for computing
the
45.17loss to either state shall be determined on or before September 30 of the year following
the
45.18close of the previous calendar year.
45.19(d)
(1) Interest is payable on all amounts calculated under paragraph (c) relating to
taxable
45.20years beginning after December 31, 2000. Interest accrues from July 1 of the taxable
year.
45.21Payments for amounts calculated under paragraph (c) must equal one-quarter of the
estimated
45.22annual amount and must be paid at the midpoint of each quarter, on February 15, May
15,
45.23August 15, and November 15.
45.24(2) (e)(1) The commissioner of revenue is authorized to enter into agreements with the
45.25state of Wisconsin specifying the reciprocity payment due dates, conditions constituting
45.26delinquency, interest rates, and a method for computing interest due.
45.27(3) (2) For agreements entered into before
October 1, 2014 August 1, 2018, the annual
45.28compensation required under paragraph (c) must equal at least the net revenue loss
minus
45.29$1,000,000 up to $3,000,000 per fiscal year.
45.30(4) For agreements entered into after September 30, 2014, the annual compensation
45.31required under paragraph (c) must equal the net revenue loss per fiscal year.
45.32(5) (3) For the purposes of
clauses (3) and (4) this section, "net revenue loss" means the
45.33difference between the amount of Minnesota income taxes Minnesota forgoes by not taxing
45.34Wisconsin residents on income subject to reciprocity and the credit Minnesota would
have
46.1been required to give under section
290.06, subdivision 22, to Minnesota residents working
46.2in Wisconsin had there not been reciprocity.
46.3(4) All agreements must include provisions:
46.4(i) providing for a suspension of the agreement if one party to the agreement does
not
46.5pay in full by a time prescribed in the agreement;
46.6(ii) setting the interest rate that will be applied, and that interest shall run from
the date
46.7the payment is due until the day the payment is made, except that interest from the
46.8reconciliation payments runs from July 1 of the tax year until paid;
46.9(iii) stating a time for annual reconciliation must be completed by October 31 of
the
46.10year following the tax year, and the time for payment of any amounts to be completed
by
46.11no later than December 1 of the year following the tax year;
46.12(iv) requiring the parties to jointly conduct updated benchmark studies every five
years
46.13beginning tax year 2018;
46.14(v) requiring each party to the agreement to require taxpayers who request exemption
46.15from withholding in the state where they work to make an annual application and that
a list
46.16of participants will be exchanged annually; and
46.17(vi) the sum of the amount of the quarterly payments must be a reasonable estimate
of
46.18the revenue loss as defined in item (iii).
46.19(e) (f) If an agreement cannot be reached as to the amount of the loss, the commissioner
46.20of revenue and the taxing official of the state of Wisconsin shall each appoint a
member of
46.21a board of arbitration and these members shall appoint the third member of the board.
The
46.22board shall select one of its members as chair. Such board may administer oaths, take
46.23testimony, subpoena witnesses, and require their attendance, require the production
of books,
46.24papers and documents, and hold hearings at such places as are deemed necessary. The
board
46.25shall then make a determination as to the amount to be paid the other state which
46.26determination shall be final and conclusive.
46.27(f) (g) The commissioner may furnish copies of returns, reports, or other information to
46.28the taxing official of the state of Wisconsin, a member of the board of arbitration,
or a
46.29consultant under joint contract with the states of Minnesota and Wisconsin for the
purpose
46.30of making a determination as to the amount to be paid the other state under the provisions
46.31of this section. Prior to the release of any information under the provisions of this
section,
46.32the person to whom the information is to be released shall sign an agreement which
provides
47.1that the person will protect the confidentiality of the returns and information revealed
thereby
47.2to the extent that it is protected under the laws of the state of Minnesota.
47.3EFFECTIVE DATE.This section is effective for taxable years beginning after December
47.431, 2017.
47.5 Sec. 36. Minnesota Statutes 2016, section 290.091, subdivision 2, is amended to read:
47.6 Subd. 2.
Definitions. For purposes of the tax imposed by this section, the following
47.7terms have the meanings given:
47.8 (a) "Alternative minimum taxable income" means the sum of the following for the taxable
47.9year:
47.10 (1) the taxpayer's federal alternative minimum taxable income as defined in section
47.1155(b)(2) of the Internal Revenue Code;
47.12 (2) the taxpayer's itemized deductions allowed in computing federal alternative minimum
47.13taxable income, but excluding:
47.14 (i) the charitable contribution deduction under section 170 of the Internal Revenue
Code;
47.15 (ii) the medical expense deduction;
47.16 (iii) the casualty, theft, and disaster loss deduction; and
47.17 (iv) the impairment-related work expenses of a disabled person;
47.18 (3) for depletion allowances computed under section 613A(c) of the Internal Revenue
47.19Code, with respect to each property (as defined in section 614 of the Internal Revenue
Code),
47.20to the extent not included in federal alternative minimum taxable income, the excess
of the
47.21deduction for depletion allowable under section 611 of the Internal Revenue Code for
the
47.22taxable year over the adjusted basis of the property at the end of the taxable year
(determined
47.23without regard to the depletion deduction for the taxable year);
47.24 (4) to the extent not included in federal alternative minimum taxable income, the
amount
47.25of the tax preference for intangible drilling cost under section 57(a)(2) of the Internal
Revenue
47.26Code determined without regard to subparagraph (E);
47.27 (5) to the extent not included in federal alternative minimum taxable income, the
amount
47.28of interest income as provided by section
290.0131, subdivision 2; and
47.29 (6) the amount of addition required by section
290.0131, subdivisions 9 to 11;
47.30 less the sum of the amounts determined under the following:
48.1 (1) interest income as defined in section
290.0132, subdivision 2;
48.2 (2) an overpayment of state income tax as provided by section
290.0132, subdivision 3,
48.3to the extent included in federal alternative minimum taxable income;
48.4 (3) the amount of investment interest paid or accrued within the taxable year on
48.5indebtedness to the extent that the amount does not exceed net investment income,
as defined
48.6in section 163(d)(4) of the Internal Revenue Code. Interest does not include amounts
deducted
48.7in computing federal adjusted gross income;
48.8 (4) amounts subtracted from federal taxable income as provided by section
290.0132,
48.9subdivisions 7
, 9 to 15, 17,
and 21
, 24 to 26; and
48.10(5) the amount of the net operating loss allowed under section
290.095, subdivision 11,
48.11paragraph (c).
48.12 In the case of an estate or trust, alternative minimum taxable income must be computed
48.13as provided in section 59(c) of the Internal Revenue Code.
48.14 (b) "Investment interest" means investment interest as defined in section 163(d)(3)
of
48.15the Internal Revenue Code.
48.16 (c) "Net minimum tax" means the minimum tax imposed by this section.
48.17 (d) "Regular tax" means the tax that would be imposed under this chapter (without
regard
48.18to this section and section 290.032), reduced by the sum of the nonrefundable credits
allowed
48.19under this chapter.
48.20 (e) "Tentative minimum tax" equals
6.75 percent of alternative minimum taxable income
48.21after subtracting the exemption amount determined under subdivision 3.
48.22EFFECTIVE DATE.This section is effective for taxable years beginning after December
48.2331, 2016.
48.24 Sec. 37. Minnesota Statutes 2016, section 291.005, subdivision 1, as amended by Laws
48.252017, chapter 1, section 8, is amended to read:
48.26 Subdivision 1.
Scope. Unless the context otherwise clearly requires, the following terms
48.27used in this chapter shall have the following meanings:
48.28 (1) "Commissioner" means the commissioner of revenue or any person to whom the
48.29commissioner has delegated functions under this chapter.
48.30 (2) "Federal gross estate" means the gross estate of a decedent as required to be
valued
48.31and otherwise determined for federal estate tax purposes under the Internal Revenue
Code,
49.1increased by the value of any property in which the decedent had a qualifying income
interest
49.2for life and for which an election was made under section
291.03, subdivision 1d, for
49.3Minnesota estate tax purposes, but was not made for federal estate tax purposes.
49.4 (3) "Internal Revenue Code" means the United States Internal Revenue Code of 1986,
49.5as amended through December 16, 2016.
49.6 (4) "Minnesota gross estate" means the federal gross estate of a decedent after (a)
49.7excluding therefrom any property included in the estate which has its situs outside
Minnesota,
49.8and (b) including any property omitted from the federal gross estate which is includable
in
49.9the estate, has its situs in Minnesota, and was not disclosed to federal taxing authorities.
49.10 (5) "Nonresident decedent" means an individual whose domicile at the time of death
49.11was not in Minnesota.
49.12 (6) "Personal representative" means the executor, administrator or other person appointed
49.13by the court to administer and dispose of the property of the decedent. If there is
no executor,
49.14administrator or other person appointed, qualified, and acting within this state,
then any
49.15person in actual or constructive possession of any property having a situs in this
state which
49.16is included in the federal gross estate of the decedent shall be deemed to be a personal
49.17representative to the extent of the property and the Minnesota estate tax due with
respect
49.18to the property.
49.19 (7) "Resident decedent" means an individual whose domicile at the time of death was
49.20in Minnesota.
The provisions of section 290.01, subdivision 7, paragraphs (c) and (d), apply
49.21to determinations of domicile under this chapter.
49.22 (8) "Situs of property" means, with respect to:
49.23 (i) real property, the state or country in which it is located;
49.24 (ii) tangible personal property, the state or country in which it was normally kept
or
49.25located at the time of the decedent's death or for a gift of tangible personal property
within
49.26three years of death, the state or country in which it was normally kept or located
when the
49.27gift was executed;
49.28 (iii) a qualified work of art, as defined in section 2503(g)(2) of the Internal Revenue
49.29Code, owned by a nonresident decedent and that is normally kept or located in this
state
49.30because it is on loan to an organization, qualifying as exempt from taxation under
section
49.31501(c)(3) of the Internal Revenue Code, that is located in Minnesota, the situs of
the art is
49.32deemed to be outside of Minnesota, notwithstanding the provisions of item (ii); and
50.1 (iv) intangible personal property, the state or country in which the decedent was
domiciled
50.2at death or for a gift of intangible personal property within three years of death,
the state or
50.3country in which the decedent was domiciled when the gift was executed.
50.4 For a nonresident decedent with an ownership interest in a pass-through entity with
50.5assets that include real or tangible personal property, situs of the real or tangible
personal
50.6property, including qualified works of art, is determined as if the pass-through entity
does
50.7not exist and the real or tangible personal property is personally owned by the decedent.
If
50.8the pass-through entity is owned by a person or persons in addition to the decedent,
ownership
50.9of the property is attributed to the decedent in proportion to the decedent's capital
ownership
50.10share of the pass-through entity.
50.11(9) "Pass-through entity" includes the following:
50.12(i) an entity electing S corporation status under section 1362 of the Internal Revenue
50.13Code;
50.14(ii) an entity taxed as a partnership under subchapter K of the Internal Revenue Code;
50.15(iii) a single-member limited liability company or similar entity, regardless of whether
50.16it is taxed as an association or is disregarded for federal income tax purposes under
Code
50.17of Federal Regulations, title 26, section 301.7701-3; or
50.18(iv) a trust to the extent the property is includible in the decedent's federal gross
estate;
50.19but excludes
50.20 (v) an entity whose ownership interest securities are traded on an exchange regulated
50.21by the Securities and Exchange Commission as a national securities exchange under
section
50.226 of the Securities Exchange Act, United States Code, title 15, section 78f.
50.23EFFECTIVE DATE.This section is effective retroactively for estates of decedents
50.24dying after December 31, 2016.
50.25 Sec. 38. Minnesota Statutes 2016, section 291.016, subdivision 3, is amended to read:
50.26 Subd. 3.
Subtraction. The
value of qualified small business property under section
50.27291.03, subdivision 9
, and the value of qualified farm property under section
291.03,
50.28subdivision 10
, or the result of $5,000,000 minus the amount for the year of death listed in
50.29clauses (1) to (5), whichever is less, decedent's applicable federal exclusion amount under
50.30section 2010(c)(2) of the Internal Revenue Code may be subtracted in computing the
50.31Minnesota taxable estate but must not reduce the Minnesota taxable estate to less
than zero
:.
50.32(1) $1,200,000 for estates of decedents dying in 2014;
51.1(2) $1,400,000 for estates of decedents dying in 2015;
51.2(3) $1,600,000 for estates of decedents dying in 2016;
51.3(4) $1,800,000 for estates of decedents dying in 2017; and
51.4(5) $2,000,000 for estates of decedents dying in 2018 and thereafter.
51.5EFFECTIVE DATE.This section is effective retroactively for estates of decedents
51.6dying after December 31, 2016.
51.7 Sec. 39. Minnesota Statutes 2016, section 291.03, subdivision 1, is amended to read:
51.8 Subdivision 1.
Tax amount. The tax imposed must be computed by applying to the
51.9Minnesota taxable estate the following schedule of rates and then the resulting amount
51.10multiplied by a fraction, not greater than one, the numerator of which is the value
of the
51.11Minnesota gross estate plus the value of gifts under section
291.016, subdivision 2, clause
51.12(3), with a Minnesota situs, and the denominator of which is the federal gross estate
plus
51.13the value of gifts under section
291.016, subdivision 2, clause (3):
51.14 (a) For estates of decedents dying in 2014:
51.15
|
Amount of Minnesota Taxable Estate
|
Rate of Tax
|
51.16
|
Not over $1,200,000
|
None
|
51.17
|
Over $1,200,000 but not over $1,400,000
|
nine percent of the excess over $1,200,000
|
51.18
51.19
|
Over $1,400,000 but not over $3,600,000
|
$18,000 plus ten percent of the excess over
$1,400,000
|
51.20
51.21
|
Over $3,600,000 but not over $4,100,000
|
$238,000 plus 10.4 percent of the excess over
$3,600,000
|
51.22
51.23
|
Over $4,100,000 but not over $5,100,000
|
$290,000 plus 11.2 percent of the excess over
$4,100,000
|
51.24
51.25
|
Over $5,100,000 but not over $6,100,000
|
$402,000 plus 12 percent of the excess over
$5,100,000
|
51.26
51.27
|
Over $6,100,000 but not over $7,100,000
|
$522,000 plus 12.8 percent of the excess over
$6,100,000
|
51.28
51.29
|
Over $7,100,000 but not over $8,100,000
|
$650,000 plus 13.6 percent of the excess over
$7,100,000
|
51.30
51.31
|
Over $8,100,000 but not over $9,100,000
|
$786,000 plus 14.4 percent of the excess over
$8,100,000
|
51.32
51.33
|
Over $9,100,000 but not over $10,100,000
|
$930,000 plus 15.2 percent of the excess over
$9,100,000
|
51.34
51.35
|
Over $10,100,000
|
$1,082,000 plus 16 percent of the excess over
$10,100,000
|
51.36(b) For estates of decedents dying in 2015:
51.37
|
Amount of Minnesota Taxable Estate
|
Rate of Tax
|
51.38
|
Not over $1,400,000
|
None
|
51.39
|
Over $1,400,000 but not over $3,600,000
|
ten percent of the excess over $1,400,000
|
52.1
52.2
|
Over $3,600,000 but not over $6,100,000
|
$220,000 plus 12 percent of the excess over
$3,600,000
|
52.3
52.4
|
Over $6,100,000 but not over $7,100,000
|
$520,000 plus 12.8 percent of the excess over
$6,100,000
|
52.5
52.6
|
Over $7,100,000 but not over $8,100,000
|
$648,000 plus 13.6 percent of the excess over
$7,100,000
|
52.7
52.8
|
Over $8,100,000 but not over $9,100,000
|
$784,000 plus 14.4 percent of the excess over
$8,100,000
|
52.9
52.10
|
Over $9,100,000 but not over $10,100,000
|
$928,000 plus 15.2 percent of the excess over
$9,100,000
|
52.11
52.12
|
Over $10,100,000
|
$1,080,000 plus 16 percent of the excess over
$10,100,000
|
52.13(c) For estates of decedents dying in 2016:
52.14
|
Amount of Minnesota Taxable Estate
|
Rate of Tax
|
52.15
|
Not over $1,600,000
|
None
|
52.16
|
Over $1,600,000 but not over $2,600,000
|
ten percent of the excess over $1,600,000
|
52.17
52.18
|
Over $2,600,000 but not over $6,100,000
|
$100,000 plus 12 percent of the excess over
$2,600,000
|
52.19
52.20
|
Over $6,100,000 but not over $7,100,000
|
$520,000 plus 12.8 percent of the excess over
$6,100,000
|
52.21
52.22
|
Over $7,100,000 but not over $8,100,000
|
$648,000 plus 13.6 percent of the excess over
$7,100,000
|
52.23
52.24
|
Over $8,100,000 but not over $9,100,000
|
$784,000 plus 14.4 percent of the excess over
$8,100,000
|
52.25
52.26
|
Over $9,100,000 but not over $10,100,000
|
$928,000 plus 15.2 percent of the excess over
$9,100,000
|
52.27
52.28
|
Over $10,100,000
|
$1,080,000 plus 16 percent of the excess over
$10,100,000
|
52.29(d) For estates of decedents dying in 2017
and thereafter:
52.30
|
Amount of Minnesota Taxable Estate
|
Rate of Tax
|
52.31
|
Not over $1,800,000
|
None
|
52.32
|
Over $1,800,000 but not over $2,100,000
|
ten percent of the excess over $1,800,000
|
52.33
52.34
|
Over $2,100,000 but not over $5,100,000
|
$30,000 plus 12 percent of the excess over
$2,100,000
|
52.35
52.36
|
Over $5,100,000 but not over $7,100,000
|
$390,000 plus 12.8 percent of the excess over
$5,100,000
|
52.37
52.38
|
Over $7,100,000 but not over $8,100,000
|
$646,000 plus 13.6 percent of the excess over
$7,100,000
|
52.39
52.40
|
Over $8,100,000 but not over $9,100,000
|
$782,000 plus 14.4 percent of the excess over
$8,100,000
|
52.41
52.42
|
Over $9,100,000 but not over $10,100,000
|
$926,000 plus 15.2 percent of the excess over
$9,100,000
|
52.43
52.44
|
Over $10,100,000
|
$1,078,000 plus 16 percent of the excess over
$10,100,000
|
52.45(e) For estates of decedents dying in 2018 and thereafter:
52.46
|
Amount of Minnesota Taxable Estate
|
Rate of Tax
|
52.47
|
Not over $2,000,000 $7,100,000
|
None 13 percent
|
53.1
|
Over $2,000,000 but not over $2,600,000
|
ten percent of the excess over $2,000,000
|
53.2
53.3
|
Over $2,600,000 but not over $7,100,000
|
$60,000 plus 13 percent of the excess over
$2,600,000
|
53.4
53.5
|
Over $7,100,000 but not over $8,100,000
|
$645,000 $923,000 plus 13.6 percent of the
excess over $7,100,000
|
53.6
53.7
|
Over $8,100,000 but not over $9,100,000
|
$781,000 $1,059,000 plus 14.4 percent of the
excess over $8,100,000
|
53.8
53.9
|
Over $9,100,000 but not over $10,100,000
|
$925,000 $1,203,000 plus 15.2 percent of the
excess over $9,100,000
|
53.10
53.11
|
Over $10,100,000
|
$1,077,000 $1,355,000 plus 16 percent of the
excess over $10,100,000
|
53.12EFFECTIVE DATE.This section is effective retroactively for estates of decedents
53.13dying after December 31, 2016.
53.14 Sec. 40.
[462D.01] CITATION.
53.15This chapter may be cited as the "First-Time Home Buyer Savings Account Act."
53.16EFFECTIVE DATE.This section is effective the day following final enactment.
53.17 Sec. 41.
[462D.02] DEFINITIONS.
53.18 Subdivision 1. Definitions. For purposes of this chapter, the following terms have the
53.19meanings given.
53.20 Subd. 2. Account holder. "Account holder" means an individual who establishes,
53.21individually or jointly with one or more other individuals, a first-time home buyer
savings
53.22account.
53.23 Subd. 3. Allowable closing costs. "Allowable closing costs" means a disbursement listed
53.24on a settlement statement for the purchase of a single-family residence in Minnesota
by a
53.25qualified beneficiary.
53.26 Subd. 4. Commissioner. "Commissioner" means the commissioner of revenue.
53.27 Subd. 5. Eligible costs. "Eligible costs" means the down payment and allowable closing
53.28costs for the purchase of a single-family residence in Minnesota by a qualified beneficiary.
53.29Eligible costs include paying for the cost of construction of or financing the construction
53.30of a single-family residence.
53.31 Subd. 6. Financial institution. "Financial institution" means a bank, bank and trust,
53.32trust company with banking powers, savings bank, savings association, or credit union,
53.33organized under the laws of this state, any other state, or the United States; an
industrial
53.34loan and thrift under chapter 53 or the laws of another state and authorized to accept
deposits;
54.1or a money market mutual fund registered under the federal Investment Company Act
of
54.21940 and regulated under rule 2a-7, promulgated by the Securities and Exchange Commission
54.3under that act.
54.4 Subd. 7. First-time home buyer. "First-time home buyer" means an individual, and if
54.5married, the individual's spouse, who has no present ownership interest in a principal
54.6residence during the three-year period ending on the earlier of:
54.7(1) the date of the purchase of the single-family residence funded, in part, with
proceeds
54.8from the first-time home buyer savings account; or
54.9(2) the close of the taxable year for which a subtraction is claimed under sections
54.10290.0132 and 462D.06.
54.11 Subd. 8. First-time home buyer savings account. "First-time home buyer savings
54.12account" or "account" means an account with a financial institution that an account
holder
54.13designates as a first-time home buyer savings account, as provided in section 462D.03,
to
54.14pay or reimburse eligible costs for the purchase of a single-family residence by a
qualified
54.15beneficiary.
54.16 Subd. 9. Internal Revenue Code. "Internal Revenue Code" has the meaning given in
54.17section 290.01.
54.18 Subd. 10. Principal residence. "Principal residence" has the meaning given in section
54.19121 of the Internal Revenue Code.
54.20 Subd. 11. Qualified beneficiary. "Qualified beneficiary" means a first-time home buyer
54.21who is a Minnesota resident and is designated as the qualified beneficiary of a first-time
54.22home buyer savings account by the account holder.
54.23 Subd. 12. Single-family residence. "Single-family residence" means a single-family
54.24residence located in this state and owned and occupied by or to be occupied by a qualified
54.25beneficiary as the qualified beneficiary's principal residence, which may include
a
54.26manufactured home, trailer, mobile home, condominium unit, townhome, or cooperative.
54.27EFFECTIVE DATE.This section is effective the day following final enactment.
54.28 Sec. 42.
[462D.03] ESTABLISHMENT OF ACCOUNTS.
54.29 Subdivision 1. Accounts established. An individual may open an account with a financial
54.30institution and designate the account as a first-time home buyer savings account to
be used
54.31to pay or reimburse the designated qualified beneficiary's eligible costs.
55.1 Subd. 2. Designation of qualified beneficiary. (a) The account holder must designate
55.2a first-time home buyer as the qualified beneficiary of the account by April 15 of
the year
55.3following the taxable year in which the account was established. The account holder
may
55.4be the qualified beneficiary. The account holder may change the designated qualified
55.5beneficiary at any time, but no more than one qualified beneficiary may be designated
for
55.6an account at any one time. For purposes of the one beneficiary restriction, a married
couple
55.7qualifies as one beneficiary. Changing the designated qualified beneficiary of an
account
55.8does not affect computation of the ten-year period under section 462D.06, subdivision
2.
55.9(b) The commissioner shall establish a process for account holders to notify the state
55.10that permits recording of the account, the account holder or holders, any transfers
under
55.11section 462D.04, subdivision 2, and the designated qualified beneficiary for each
account.
55.12This may be done upon filing the account holder's income tax return or in any other
way
55.13the commissioner determines to be appropriate.
55.14 Subd. 3. Joint account holders. An individual may jointly own a first-time home buyer
55.15account with another person if the joint account holders file a married joint income
tax
55.16return.
55.17 Subd. 4. Multiple accounts. (a) An individual may be the account holder of more than
55.18one first-time home buyer savings account, but must not hold or own multiple accounts
that
55.19designate the same qualified beneficiary.
55.20(b) An individual may be designated as the qualified beneficiary on more than one
55.21first-time home buyer savings account.
55.22 Subd. 5. Contributions. Only cash may be contributed to a first-time home buyer savings
55.23account. Individuals other than the account holder may contribute to an account. No
limitation
55.24applies to the amount of contributions that may be made to or retained in a first-time
home
55.25buyer savings account.
55.26EFFECTIVE DATE.This section is effective the day following final enactment.
55.27 Sec. 43.
[462D.04] ACCOUNT HOLDER RESPONSIBILITIES.
55.28 Subdivision 1. Expenses; reporting. The account holder must:
55.29(1) not use funds in a first-time home buyer savings account to pay expenses of
55.30administering the account, except that a service fee may be deducted from the account
by
55.31the financial institution in which the account is held; and
55.32(2) submit to the commissioner, in the form and manner required by the commissioner:
56.1(i) detailed information regarding the first-time home buyer savings account, including
56.2a list of transactions for the account during the taxable year and the Form 1099 issued
by
56.3the financial institution for the account for the taxable year; and
56.4(ii) upon withdrawal of funds from the account, a detailed account of the eligible
costs
56.5for which the account funds were expended and a statement of the amount of funds remaining
56.6in the account, if any.
56.7 Subd. 2. Transfers. An account holder may withdraw funds, in whole or part, from a
56.8first-time home buyer savings account and deposit the funds in another first-time
home
56.9buyer savings account held by a different financial institution or the same financial
institution.
56.10EFFECTIVE DATE.This section is effective the day following final enactment.
56.11 Sec. 44.
[462D.05] FINANCIAL INSTITUTIONS.
56.12(a) A financial institution is not required to take any action to ensure compliance
with
56.13this chapter, including to:
56.14(1) designate an account, designate qualified beneficiaries, or modify the financial
56.15institution's account contracts or systems in any way;
56.16(2) track the use of money withdrawn from a first-time home buyer savings account;
56.17(3) allocate funds in a first-time home buyer savings account among joint account
holders
56.18or multiple qualified beneficiaries; or
56.19(4) report any information to the commissioner or any other government that is not
56.20otherwise required by law.
56.21(b) A financial institution is not responsible or liable for:
56.22(1) determining or ensuring that an account satisfies the requirements of this chapter
or
56.23that its funds are used for eligible costs; or
56.24(2) reporting or remitting taxes or penalties related to the use of a first-time home
buyer
56.25savings account.
56.26EFFECTIVE DATE.This section is effective the day following final enactment.
56.27 Sec. 45.
[462D.06] SUBTRACTION; ADDITION; ADDITIONAL TAX.
56.28 Subdivision 1. Subtraction. (a) As provided in section 290.0132, subdivision 24, an
56.29account holder is allowed a subtraction from federal taxable income equal to the sum
of:
57.1(1) the amount the individual contributed to a first-time home buyer savings account
57.2during the taxable year not to exceed $5,000, or $10,000 for a married couple filing
a joint
57.3return; and
57.4(2) interest or dividends earned on the first-time home buyer savings account during
the
57.5taxable year.
57.6(b) The subtraction under paragraph (a) is allowed each year in which a contribution
is
57.7made for the ten taxable years including and following the taxable year in which the
account
57.8was established. The total subtraction for all taxable years and for all first-time
home buyer
57.9accounts established by the individual for a qualified beneficiary is limited to $50,000.
No
57.10person other than the account holder who deposits funds in a first-time home buyer
savings
57.11account is allowed a subtraction under this section.
57.12(c) The subtraction under paragraph (a) is not allowed if the account holder withdraws
57.13amounts from the account within six months of designating the account as a first-time
home
57.14buyer savings account.
57.15 Subd. 2. Addition. (a) As provided in section 290.0131, subdivision 14, an account
57.16holder must add to federal taxable income the sum of the following amounts:
57.17(1) any amount withdrawn from a first-time home buyer savings account during the
57.18taxable year that is withdrawn more than six months after the account is designated
as a
57.19first-time home buyer savings account and is used neither to pay eligible costs nor
for a
57.20transfer permitted under section 462D.04, subdivision 2; and
57.21(2) any amount remaining in the first-time home buyer savings account at the close
of
57.22the tenth taxable year after the taxable year in which the account was established.
57.23(b) For an account that received a transfer under section 462D.04, subdivision 2,
the
57.24ten-year period under paragraph (a), clause (2), ends at the close of the earliest
taxable year
57.25that applies to either account under that clause.
57.26 Subd. 3. Additional tax. The account holder is liable for an additional tax equal to ten
57.27percent of the addition under subdivision 2 for the taxable year. This amount must
be added
57.28to the amount due under section 290.06. The tax under this subdivision does not apply
to:
57.29(1) a withdrawal because of the account holder's or designated qualified beneficiary's
57.30death or disability;
57.31(2) a disbursement of assets of the account under federal bankruptcy law; and
57.32(3) a disbursement of assets of the account under chapter 550 or 551.
58.1EFFECTIVE DATE.This section is effective for taxable years beginning after December
58.231, 2016.
58.3 Sec. 46. Laws 2010, chapter 216, section 12, the effective date, as amended by Laws 2016,
58.4chapter 158, article 1, section 212, is amended to read:
58.5EFFECTIVE DATE.This section is effective for investments made after July 1, 2010,
58.6for taxable years beginning after December 31, 2009
, and before January 1, 2017, and only
58.7applies to investments made after the qualified small business receiving the investment
has
58.8been certified by the commissioner of employment and economic development.
58.9EFFECTIVE DATE; REVIVAL AND REENACTMENT.This section is effective
58.10retroactively from January 1, 2015, and Laws 2010, chapter 216, section 12, as amended
58.11by Laws 2016, chapter 158, article 1, section 212, is revived and reenacted as of
that date.
58.12 Sec. 47.
INCOME TAX RECIPROCITY BENCHMARK STUDY;
58.13APPROPRIATION.
58.14 Subdivision 1. Study. (a) The Department of Revenue, in conjunction with the Wisconsin
58.15Department of Revenue, must, provided the conditions of paragraph (d) are satisfied,
conduct
58.16a study to determine at least the following:
58.17(1) the number of residents of each state who earn income from personal services in
the
58.18other state;
58.19(2) the total amount of income earned by residents of each state who earn income from
58.20personal services in the other state; and
58.21(3) the change in tax revenue in each state if an income tax reciprocity arrangement
were
58.22resumed between the two states under which the taxpayers were required to pay income
58.23taxes on the income only in their state of residence.
58.24(b) The study must use information obtained from each state's income tax returns for
58.25tax year 2017 and from any other source of information the departments determine is
58.26necessary to complete the study.
58.27(c) No later than March 1, 2019, the Department of Revenue must submit a report
58.28containing the results of the study to the governor and to the chairs and ranking
minority
58.29members of the legislative committees having jurisdiction over taxes, in compliance
with
58.30Minnesota Statutes, sections 3.195 and 3.197.
59.1(d) The department shall conduct the study only if the commissioner of revenue receives
59.2notice from the secretary of revenue that the Wisconsin Department of Revenue will
fully
59.3participate in the study.
59.4 Subd. 2. Appropriation. $300,000 in fiscal year 2018 is appropriated from the general
59.5fund to the commissioner of revenue for the income tax reciprocity benchmark study
in
59.6subdivision 1. This is a onetime appropriation and is not added to the agency's base
budget.
59.7EFFECTIVE DATE.This section is effective the day following final enactment. The
59.8appropriation in subdivision 2 is only effective if the commissioner of revenue receives
59.9notice as provided in subdivision 1, paragraph (d).
59.10 Sec. 48.
RECAPTURE TAX EXEMPTIONS.
59.11The tax under Minnesota Statutes, section 291.03, subdivision 11, does not apply as
a
59.12result of any of the following:
59.13(1) acquisition of title or possession of the qualified property by a federal, state,
or local
59.14government unit, or any other entity with the power of eminent domain for a public
purpose,
59.15as defined in Minnesota Statutes, section 117.025, subdivision 11;
59.16(2) a portion of qualified farm property consisting of less than one-fifth of the
acreage
59.17of the property is reclassified as class 2b property under Minnesota Statutes, section
273.13,
59.18subdivision 23, and the qualified heir has not substantially altered the reclassified
property
59.19within the three-year holding period; or
59.20(3) a portion of qualified farm property classified as 2a property at the death of
the
59.21decedent under Minnesota Statutes, section 273.13, subdivision 23, paragraph (a),
consisting
59.22of a residence, garage, and immediately surrounding one acre of land is reclassified
as 4bb
59.23property and the qualified heir has not substantially altered the property within
the three-year
59.24holding period.
59.25EFFECTIVE DATE.This section is effective retroactively for estates of decedents
59.26dying after June 30, 2011, and before January 1, 2017.
59.27 Sec. 49.
ESTATE TAX; 2017 DEATHS; CONSTRUCTION OF CERTAIN TERMS.
59.28(a) The provisions of this section apply to a decedent who dies after December 31,
2016,
59.29and before enactment of the increase in the amount of the exclusion from Minnesota
estate
59.30taxation in section 38 with respect to a governing instrument or disclaimer instrument
that:
59.31(1) became irrevocable in 2017; and
60.1(2) contains a formula or provision that allocates assets of the estate or trust between
60.2two or more different beneficiaries or classes of beneficiaries (or trusts for the
primary
60.3benefit of two or more different beneficiaries or classes of beneficiaries) by reference
to
60.4state estate taxes, including without limitation provisions referring to the state
"estate tax
60.5exemption," "applicable exemption amount," "applicable credit amount," "applicable
60.6exclusion amount," "marital deduction," "maximum marital deduction," or "unlimited
marital
60.7deduction."
60.8References to state estate tax in an instrument to which this paragraph applies are
deemed
60.9to refer to the estate tax laws in effect on December 31, 2016, as those laws would
have
60.10applied to estates of decedents dying in 2017, including any inflation adjustments
and
60.11statutory increases that were scheduled to take effect on January 1, 2017, but not
including
60.12any subsequent statutory changes that apply retroactively to estates of decedents
dying after
60.13December 31, 2016.
60.14(b) Paragraph (a) does not apply to:
60.15(1) an instrument that manifests an intent that formulas or provisions of the type
described
60.16in paragraph (a), clause (2), must be construed to reference the estate tax laws as
they existed
60.17after December 31, 2016;
60.18(2) an instrument that allocates assets of the estate or trust by formula between
two or
60.19more trusts for the primary benefit of the same beneficiary or class of beneficiaries,
even
60.20if there are other permissible beneficiaries of one trust and not the other. For example,
60.21paragraph (a) is not intended to apply to a gift in the decedent's will that allocates
an amount
60.22equal to the state estate tax exemption to a trust for the primary benefit of the
decedent's
60.23surviving spouse, even if that trust also includes the decedent's children as eligible
60.24beneficiaries, and the balance to the decedent's surviving spouse, or to a separate
trust for
60.25the sole benefit of the decedent's surviving spouse, because the assets of the estate
or trust
60.26are not allocated between two or more different beneficiaries or classes of beneficiaries
or
60.27between trusts for the primary benefit of two or more different beneficiaries or classes
of
60.28beneficiaries;
60.29(3) an instrument that divides the assets of the estate or trust by reference to federal
60.30exemption amounts, and not state estate tax exemption amounts, including the federal
estate
60.31tax exemption as well as the federal generation-skipping transfer tax exemption;
60.32(4) any provision in an irrevocable trust that grants to a deceased beneficiary a
general
60.33power of appointment over a portion of the trust assets that is to be determined by
reference
60.34to the largest amount that can be included in the beneficiary's estate for estate
tax purposes
61.1without increasing the amount of federal or state estate taxes payable in the deceased
61.2beneficiary's estate; or
61.3(5) any discretionary decision by a trustee or other person to grant or expand the
scope
61.4of a power of appointment for the purpose of causing a portion of the trust to be
included
61.5in the beneficiary's estate for estate tax purposes without increasing the amount
of federal
61.6or state estate taxes payable in the deceased beneficiary's estate.
61.7(c) The personal representative, trustee, or any interested person under an instrument,
61.8other than a disclaimer instrument, to which paragraph (a) applies may bring a proceeding
61.9to determine whether, based on a preponderance of the evidence, the decedent intended
that
61.10a formula or provision described in paragraph (a) be construed with respect to the
law as it
61.11existed after December 31, 2016. This proceeding must be commenced by December 31,
61.122018, and the court may consider extrinsic evidence that contradicts the plain meaning
of
61.13the instrument. The court may modify a provision of an instrument that refers to the
estate
61.14tax laws as described in paragraph (a) to conform the terms to the decedent's intention
or
61.15achieve the decedent's tax objectives in a manner that is not contrary to the decedent's
61.16probable intention. The court may provide that its decision, including any decision
to modify
61.17a provision of an instrument, is effective as of the date of the decedent's death.
61.18(d) The personal representative, trustee, or disclaimant under a disclaimer instrument
to
61.19which paragraph (a) applies may bring a proceeding to construe the disclaimant's intent,
61.20based on a preponderance of the evidence, including extrinsic evidence. The court
may
61.21provide that its construction, including any decision to modify a provision of an
instrument,
61.22is effective as of the date of the decedent's death.
61.23EFFECTIVE DATE.This section is effective the day following final enactment.
61.24 Sec. 50.
REPEALER.
61.25(a) Minnesota Statutes 2016, sections 136A.129; and 290.06, subdivision 36, are repealed.
61.26(b) Minnesota Statutes 2016, section 290.067, subdivision 2, is repealed.
61.27(c) Minnesota Statutes 2016, sections 289A.10, subdivision 1a; 289A.12, subdivision
61.2818; 289A.18, subdivision 3a; 289A.20, subdivision 3a; and 291.03, subdivisions 8,
9, 10,
61.29and 11, are repealed.
61.30EFFECTIVE DATE.Paragraph (a) is effective for agreements entered into after June
61.3130, 2017, and for taxable years beginning after December 31, 2017. Paragraph (b) is
effective
61.32for taxable years beginning after December 31, 2016. Paragraph (c) is effective retroactively
61.33for estates of decedents dying after December 31, 2016.
62.3 Section 1. Minnesota Statutes 2016, section 40A.18, subdivision 2, is amended to read:
62.4 Subd. 2.
Allowed commercial and industrial operations. (a) Commercial and industrial
62.5operations are not allowed on land within an agricultural preserve except:
62.6(1) small on-farm commercial or industrial operations normally associated with and
62.7important to farming in the agricultural preserve area;
62.8(2) storage use of existing farm buildings that does not disrupt the integrity of
the
62.9agricultural preserve;
and
62.10(3) small commercial use of existing farm buildings for trades not disruptive to the
62.11integrity of the agricultural preserve such as a carpentry shop, small scale mechanics
shop,
62.12and similar activities that a farm operator might conduct
.; and
62.13(4) wireless communication installments and related equipment and structure capable
62.14of providing technology potentially beneficial to farming activities. A property owner
who
62.15installs wireless communication equipment does not violate a covenant made prior to
January
62.161, 2018, under section 40A.10, subdivision 1.
62.17 (b) For purposes of paragraph (a), clauses (2) and (3), "existing"
in clauses (2) and (3)
62.18means existing on August 1, 1989.
62.19EFFECTIVE DATE.This section is effective the day following final enactment.
62.20 Sec. 2. Minnesota Statutes 2016, section 126C.17, subdivision 9, is amended to read:
62.21 Subd. 9.
Referendum revenue. (a) The revenue authorized by section
126C.10,
62.22subdivision 1
, may be increased in the amount approved by the voters of the district at a
62.23referendum called for the purpose. The referendum may be called by the board. The
62.24referendum must be conducted one or two calendar years before the increased levy authority,
62.25if approved, first becomes payable. Only one election to approve an increase may be
held
62.26in a calendar year. Unless the referendum is conducted by mail under subdivision 11,
62.27paragraph (a), the referendum must be held on the first Tuesday after the first Monday
in
62.28November. The ballot must state the maximum amount of the increased revenue per adjusted
62.29pupil unit. The ballot may state a schedule, determined by the board, of increased
revenue
62.30per adjusted pupil unit that differs from year to year over the number of years for
which the
62.31increased revenue is authorized or may state that the amount shall increase annually
by the
62.32rate of inflation.
The ballot must state the cumulative amount per pupil of any local optional
63.1revenue, board-approved referendum authority, and previous voter-approved referendum
63.2authority, if any, that the board expects to certify for the next school year. For this purpose,
63.3the rate of inflation shall be the annual inflationary increase calculated under subdivision
63.42, paragraph (b). The ballot may state that existing referendum levy authority is
expiring.
63.5In this case, the ballot may also compare the proposed levy authority to the existing
expiring
63.6levy authority, and express the proposed increase as the amount, if any, over the
expiring
63.7referendum levy authority. The ballot must designate the specific number of years,
not to
63.8exceed ten, for which the referendum authorization applies. The ballot, including
a ballot
63.9on the question to revoke or reduce the increased revenue amount under paragraph (c),
must
63.10abbreviate the term "per adjusted pupil unit" as "per pupil." The notice required
under section
63.11275.60
may be modified to read, in cases of renewing existing levies at the same amount
63.12per pupil as in the previous year:
63.13"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING TO
63.14EXTEND AN EXISTING PROPERTY TAX REFERENDUM THAT IS SCHEDULED
63.15TO EXPIRE."
63.16 The ballot may contain a textual portion with the information required in this subdivision
63.17and a question stating substantially the following:
63.18 "Shall the increase in the revenue proposed by (petition to) the board of .........,
School
63.19District No. .., be approved?"
63.20 If approved, an amount equal to the approved revenue per adjusted pupil unit times
the
63.21adjusted pupil units for the school year beginning in the year after the levy is certified
shall
63.22be authorized for certification for the number of years approved, if applicable, or
until
63.23revoked or reduced by the voters of the district at a subsequent referendum.
63.24 (b) The board must prepare and deliver by first class mail at least 15 days but no
more
63.25than 30 days before the day of the referendum to each taxpayer a notice of the referendum
63.26and the proposed revenue increase. The board need not mail more than one notice to
any
63.27taxpayer. For the purpose of giving mailed notice under this subdivision, owners must
be
63.28those shown to be owners on the records of the county auditor or, in any county where
tax
63.29statements are mailed by the county treasurer, on the records of the county treasurer.
Every
63.30property owner whose name does not appear on the records of the county auditor or
the
63.31county treasurer is deemed to have waived this mailed notice unless the owner has
requested
63.32in writing that the county auditor or county treasurer, as the case may be, include
the name
63.33on the records for this purpose. The notice must project the anticipated amount of
tax increase
64.1in annual dollars for typical residential homesteads, agricultural homesteads, apartments,
64.2and commercial-industrial property within the school district.
64.3The notice must state the cumulative and individual amounts per pupil of any local
64.4optional revenue, board-approved referendum authority, and voter-approved referendum
64.5authority, if any, that the board expects to certify for the next school year.
64.6 The notice for a referendum may state that an existing referendum levy is expiring
and
64.7project the anticipated amount of increase over the existing referendum levy in the
first
64.8year, if any, in annual dollars for typical residential homesteads, agricultural homesteads,
64.9apartments, and commercial-industrial property within the district.
64.10 The notice must include the following statement: "Passage of this referendum will
result
64.11in an increase in your property taxes." However, in cases of renewing existing levies,
the
64.12notice may include the following statement: "Passage of this referendum extends an
existing
64.13operating referendum at the same amount per pupil as in the previous year."
64.14 (c) A referendum on the question of revoking or reducing the increased revenue amount
64.15authorized pursuant to paragraph (a) may be called by the board. A referendum to revoke
64.16or reduce the revenue amount must state the amount per adjusted pupil unit by which
the
64.17authority is to be reduced. Revenue authority approved by the voters of the district
pursuant
64.18to paragraph (a) must be available to the school district at least once before it
is subject to
64.19a referendum on its revocation or reduction for subsequent years. Only one revocation
or
64.20reduction referendum may be held to revoke or reduce referendum revenue for any specific
64.21year and for years thereafter.
64.22 (d) The approval of 50 percent plus one of those voting on the question is required
to
64.23pass a referendum authorized by this subdivision.
64.24 (e) At least 15 days before the day of the referendum, the district must submit a
copy of
64.25the notice required under paragraph (b) to the commissioner and to the county auditor
of
64.26each county in which the district is located. Within 15 days after the results of
the referendum
64.27have been certified by the board, or in the case of a recount, the certification of
the results
64.28of the recount by the canvassing board, the district must notify the commissioner
of the
64.29results of the referendum.
64.30EFFECTIVE DATE.This section is effective August 1, 2017, and applies to any
64.31referendum authorized on or after that date.
64.32 Sec. 3. Minnesota Statutes 2016, section 270C.9901, is amended to read:
64.33270C.9901 ASSESSOR ACCREDITATION; WAIVER.
65.1 Subdivision 1. Accreditation. Every individual who appraises or physically inspects
65.2real property for the purpose of determining its valuation or classification for property
tax
65.3purposes must obtain licensure as an accredited Minnesota assessor from the State
Board
65.4of Assessors by July 1,
2019 2022, or within
four five years of that person having become
65.5licensed as a certified Minnesota assessor, whichever is later.
65.6 Subd. 2. Waiver. (a) An individual may apply to the State Board of Assessors for a
65.7waiver from licensure as an accredited Minnesota assessor as required by subdivision
1 if
65.8the individual:
65.9(1) was first licensed as a certified Minnesota assessor before July 1, 2004;
65.10(2) has had an assessor license since July 1, 2004;
65.11(3) has successfully passed a comprehensive examination substantially equivalent to
the
65.12requirements by the State Board of Assessors for the accredited Minnesota assessor
license
65.13designation before May 1, 2020; and
65.14 (4) submits an application to the State Board of Assessors no later than July 1, 2022.
65.15The examination can only be taken once to fulfill the requirements of the waiver.
65.16(b) The commissioner of revenue, in consultation with the State Board of Assessors
and
65.17the Minnesota Association of Assessing Officers, must determine the contents of the
waiver
65.18application and the comprehensive examination.
65.19(c) A county assessor in any jurisdiction assessed by an applicant may submit additional
65.20information to the State Board of Assessors to be considered as part of the waiver
review
65.21proceedings.
65.22(d) The State Board of Assessors must not grant a waiver unless the applicant has
met
65.23the requirements in paragraph (a) and has the ability to perform the duties of assessment
65.24required in each jurisdiction in which the applicant appraises or physically inspects
real
65.25property for the purposes of determining its valuation or classification for property
tax
65.26purposes.
65.27(e) An individual granted a waiver under this subdivision is allowed to continue
65.28assessment duties at the individual's licensure level, provided the individual complies
with
65.29the continuing education requirements for the accredited Minnesota assessor designation
65.30as prescribed by the State Board of Assessors.
65.31(f) An individual granted a waiver under this section:
66.1(1) is not considered to have achieved the designation as an accredited Minnesota
assessor
66.2and may not represent himself or herself as an accredited Minnesota assessor; and
66.3(2) is not authorized to value income-producing property as defined in section 273.11,
66.4subdivision 13, unless the individual meets the requirements of that section.
66.5(g) A waiver granted by the State Board of Assessors under this section remains in
effect
66.6unless the individual's licensure is revoked. If the individual's licensure is revoked,
the
66.7waiver is void and the individual is subject to the requirements of subdivision 1.
66.8(h) A decision of the State Board of Assessors to grant or deny a waiver under this
66.9subdivision is final and is not subject to appeal.
66.10(i) Waivers granted under this subdivision expire on June 30, 2032.
66.11(j) This subdivision expires July 1, 2032.
66.12EFFECTIVE DATE.This section is effective the day following final enactment.
66.13 Sec. 4. Minnesota Statutes 2016, section 272.02, subdivision 23, is amended to read:
66.14 Subd. 23.
Secondary liquid agricultural chemical containment facilities. Secondary
66.15containment tanks, cache basins, and
that portion of the structure needed for the containment
66.16facility used to confine agricultural chemicals as defined in section
18D.01, subdivision 3,
66.17as required by the commissioner of agriculture under chapter 18B or 18C, berms used by
66.18a reseller to contain liquid agricultural chemical spills from primary storage containers
and
66.19prevent runoff or leaching of liquid agricultural chemicals as defined in section
18D.01,
66.20subdivision 3, are exempt.
For purposes of this subdivision, "reseller" means a person
66.21licensed by the commissioner of agriculture under section 18B.316 or 18C.415.
66.22EFFECTIVE DATE.This section is effective beginning with taxes payable in 2016,
66.23provided that nothing in this section shall cause property that the assessor classified
as
66.24exempt for property taxes payable in 2016 or 2017 to lose its exempt status for taxes
payable
66.25in those years.
66.26 Sec. 5. Minnesota Statutes 2016, section 272.02, subdivision 86, is amended to read:
66.27 Subd. 86.
Apprenticeship training facilities. All or a portion of a building used
66.28exclusively for a state-approved apprenticeship program through the Department of
Labor
66.29and Industry is exempt if:
66.30(1) it is owned by a nonprofit organization or a nonprofit trust, and operated by
a nonprofit
66.31organization or a nonprofit trust;
67.1(2) the program participants receive no compensation; and
67.2(3) it is located:
67.3(i) in the Minneapolis and St. Paul standard metropolitan statistical area as determined
67.4by the 2000 federal census;
67.5(ii) in a city outside the Minneapolis and St. Paul standard metropolitan statistical
area
67.6that has a population of 7,400 or greater according to the most recent federal census;
or
67.7(iii) in a township that has a population greater than
2,000 1,400 but less than 3,000
67.8determined by the 2000 federal census and the building was previously used by a school
67.9and was exempt for taxes payable in 2010.
67.10Use of the property for advanced skills training of incumbent workers does not disqualify
67.11the property for the exemption under this subdivision. This exemption includes up
to five
67.12acres of the land on which the building is located and associated parking areas on
that land,
67.13except that if the building meets the requirements of clause (3), item (iii), then
the exemption
67.14includes up to ten acres of land on which the building is located and associated parking
67.15areas on that land. If a parking area associated with the facility is used for the
purposes of
67.16the facility and for other purposes, a portion of the parking area shall be exempt
in proportion
67.17to the square footage of the facility used for purposes of apprenticeship training.
67.18EFFECTIVE DATE.This section is effective beginning with taxes payable in 2018.
67.19 Sec. 6. Minnesota Statutes 2016, section 272.02, is amended by adding a subdivision to
67.20read:
67.21 Subd. 100. Electric generation facility; personal property. (a) Notwithstanding
67.22subdivision 9, clause (a), attached machinery and other personal property that is
part of an
67.23electric generation facility with more than 35 megawatts and less than 40 megawatts
of
67.24installed capacity and that meets the requirements of this subdivision is exempt from
taxation
67.25and payments in lieu of taxation. The facility must:
67.26(1) be designed to utilize natural gas as a primary fuel;
67.27(2) be owned and operated by a municipal power agency as defined in section 453.52,
67.28subdivision 8;
67.29(3) be located within 800 feet of an existing natural gas pipeline;
67.30(4) satisfy a resource deficiency identified in an approved integrated resource plan
filed
67.31under section 216B.2422;
68.1(5) be located outside the metropolitan area as defined under section 473.121, subdivision
68.22; and
68.3(6) have received, by resolution, the approval of the governing bodies of the city
and
68.4county in which it is located for the exemption of personal property provided by this
68.5subdivision.
68.6(b) Construction of the facility must have been commenced after January 1, 2015, and
68.7before January 1, 2017. Property eligible for this exemption does not include electric
68.8transmission lines and interconnections or gas pipelines and interconnections appurtenant
68.9to the property or the facility.
68.10EFFECTIVE DATE.This section is effective beginning with taxes payable in 2018.
68.11 Sec. 7. Minnesota Statutes 2016, section 272.02, is amended by adding a subdivision to
68.12read:
68.13 Subd. 101. Certain property owned by an Indian tribe. (a) Property is exempt that:
68.14(1) is located in a city of the first class with a population less than 100,000 as
of the
68.152010 federal census;
68.16(2) was on January 1, 2016, and is for the current assessment, owned by a federally
68.17recognized Indian tribe, or its instrumentality, that is located within the state
of Minnesota;
68.18and
68.19(3) is used exclusively as a medical clinic.
68.20(b) Property that qualifies for the exemption under this subdivision is limited to
no more
68.21than two contiguous parcels and structures that do not exceed, in the aggregate, 30,000
68.22square feet. Property acquired for single-family housing, market-rate apartments,
agriculture,
68.23or forestry does not qualify for this exemption. The exemption created by this subdivision
68.24expires with taxes payable in 2028.
68.25EFFECTIVE DATE.This section is effective beginning with taxes payable in 2018.
68.26 Sec. 8. Minnesota Statutes 2016, section 272.0213, is amended to read:
68.27272.0213 LEASED SEASONAL-RECREATIONAL LAND.
68.28 (a)
A county board may elect, by resolution, to Qualified lands, as defined in this section,
68.29are exempt from taxation, including the tax under section
273.19, qualified lands. "Qualified
68.30lands" for purposes of this section means
property land that:
69.1 (1) is owned by a county, city, town, or the state;
and
69.2 (2) is rented by the entity for noncommercial seasonal-recreational
or, noncommercial
69.3seasonal-recreational residential use
; and, or class 1c commercial seasonal-recreational
69.4residential use.
69.5 (3) was rented for the purposes specified in clause (2) and was exempt from taxation
69.6for property taxes payable in 2008.
69.7(b) Lands owned by the federal government and rented for noncommercial
69.8seasonal-recreational
or, noncommercial seasonal-recreational residential
, or class 1c
69.9commercial seasonal-recreational residential use are exempt from taxation, including the
69.10tax under section
273.19.
69.11EFFECTIVE DATE.This section is effective beginning with taxes assessed in 2018
69.12and payable in 2019.
69.13 Sec. 9. Minnesota Statutes 2016, section 272.029, subdivision 2, is amended to read:
69.14 Subd. 2.
Definitions. (a) For the purposes of this section, the term:
69.15(1) "wind energy conversion system" has the meaning given in section
216C.06,
69.16subdivision 19
, and also includes a substation that is used and owned by one or more wind
69.17energy conversion facilities;
69.18(2) "large scale wind energy conversion system" means a wind energy conversion system
69.19of more than 12 megawatts, as measured by the nameplate capacity of the system or
as
69.20combined with other systems as provided in paragraph (b);
69.21(3) "medium scale wind energy conversion system" means a wind energy conversion
69.22system of over two and not more than 12 megawatts, as measured by the nameplate capacity
69.23of the system or as combined with other systems as provided in paragraph (b); and
69.24(4) "small scale wind energy conversion system" means a wind energy conversion system
69.25of two megawatts and under, as measured by the nameplate capacity of the system or
as
69.26combined with other systems as provided in paragraph (b).
69.27(b) For systems installed and contracted for after January 1, 2002, the total size
of a
69.28wind energy conversion system under this subdivision shall be determined according
to this
69.29paragraph. Unless the systems are interconnected with different distribution systems,
the
69.30nameplate capacity of one wind energy conversion system shall be combined with the
69.31nameplate capacity of any other wind energy conversion system that is:
69.32(1) located within five miles of the wind energy conversion system;
70.1(2) constructed within the same calendar year as the wind energy conversion system;
70.2and
70.3(3) under common ownership.
70.4In the case of a dispute, the commissioner of commerce shall determine the total size
of
70.5the system
, and shall draw all reasonable inferences in favor of combining the systems.
70.6(c) In making a determination under paragraph (b), the commissioner of commerce may
70.7determine that two wind energy conversion systems are under common ownership when
70.8the underlying ownership structure contains
similar the same persons or entities, even if the
70.9ownership shares differ between the two systems. Wind energy conversion systems are
not
70.10under common ownership solely because the same person or entity provided equity financing
70.11for the systems
. Wind energy conversion systems that were determined by the commissioner
70.12of commerce to be eligible for a renewable energy production incentive under section
70.13216C.41 are not under common ownership unless a change in the qualifying owner was
70.14made to an owner of another wind energy conversion system subsequent to the determination
70.15by the commissioner of commerce.
70.16EFFECTIVE DATE.This section is effective the day following final enactment.
70.17 Sec. 10. Minnesota Statutes 2016, section 272.162, is amended to read:
70.18272.162 RESTRICTIONS ON TRANSFERS OF SPECIFIC PARTS.
70.19 Subdivision 1.
Conditions restricting transfer. When a deed or other instrument
70.20conveying a parcel of land is presented to the county auditor for transfer or division
under
70.21sections
272.12,
272.16, and
272.161, the auditor shall not transfer or divide the land or its
70.22net tax capacity in the official records and shall not certify the instrument as provided
in
70.23section
272.12, if:
70.24(a) The land conveyed is less than a whole parcel of land as charged in the tax lists;
70.25(b) The part conveyed appears within the area of application of municipal
or county
70.26subdivision regulations adopted and filed under
section 394.35 or section
462.36, subdivision
70.271
; and
70.28(c) The part conveyed is part of or constitutes a subdivision as defined in section
462.352,
70.29subdivision 12
.
70.30 Subd. 2.
Conditions allowing transfer. (a) Notwithstanding the provisions of subdivision
70.311, the county auditor may transfer or divide the land and its net tax capacity and
may certify
71.1the instrument if the instrument contains a certification by the clerk of the municipality
or
71.2designated county planning official:
71.3(a) (1) that the municipality's
or county's subdivision regulations do not apply;
71.4(b) (2) that the subdivision has been approved by the governing body of the municipality
71.5or county; or
71.6(c) (3) that the restrictions on the division of taxes and filing and recording have been
71.7waived by resolution of the governing body of the municipality
or county in the particular
71.8case because compliance would create an unnecessary hardship and failure to comply
would
71.9not interfere with the purpose of the regulations.
71.10(b) If any of the conditions for certification by the municipality
or county as provided
71.11in this subdivision exist and the municipality
or county does not certify that they exist within
71.1224 hours after the instrument of conveyance has been presented to the clerk of the
71.13municipality
or designated county planning official, the provisions of subdivision 1 do not
71.14apply.
71.15(c) If an unexecuted instrument is presented to the municipality
or county and any of
71.16the conditions for certification by the municipality
or county as provided in this subdivision
71.17exist, the unexecuted instrument must be certified by the clerk of the municipality
or the
71.18designated county planning official.
71.19 Subd. 3.
Applicability of restrictions. (a) This section does not apply to the exceptions
71.20set forth in section
272.12.
71.21(b) This section applies only to land within municipalities
or counties which choose to
71.22be governed by its provisions. A municipality
or county may choose to have this section
71.23apply to the property within its boundaries by filing a certified copy of a resolution
of its
71.24governing body making that choice with the auditor and recorder of the county in which
it
71.25is located.
71.26EFFECTIVE DATE.This section is effective the day following final enactment.
71.27 Sec. 11. Minnesota Statutes 2016, section 273.124, subdivision 14, is amended to read:
71.28 Subd. 14.
Agricultural homesteads; special provisions. (a) Real estate of less than ten
71.29acres that is the homestead of its owner must be classified as class 2a under section
273.13,
71.30subdivision 23
, paragraph (a), if:
71.31 (1) the parcel on which the house is located is contiguous on at least two sides to
(i)
71.32agricultural land, (ii) land owned or administered by the United States Fish and Wildlife
72.1Service, or (iii) land administered by the Department of Natural Resources on which
in lieu
72.2taxes are paid under sections
477A.11 to
477A.14;
72.3 (2) its owner also owns a noncontiguous parcel of agricultural land that is at least
20
72.4acres;
72.5 (3) the noncontiguous land is located not farther than four townships or cities, or
a
72.6combination of townships or cities from the homestead; and
72.7 (4) the agricultural use value of the noncontiguous land and farm buildings is equal
to
72.8at least 50 percent of the market value of the house, garage, and one acre of land.
72.9 Homesteads initially classified as class 2a under the provisions of this paragraph
shall
72.10remain classified as class 2a, irrespective of subsequent changes in the use of adjoining
72.11properties, as long as the homestead remains under the same ownership, the owner owns
a
72.12noncontiguous parcel of agricultural land that is at least 20 acres, and the agricultural
use
72.13value qualifies under clause (4). Homestead classification under this paragraph is
limited
72.14to property that qualified under this paragraph for the 1998 assessment.
72.15 (b)(i) Agricultural property shall be classified as the owner's homestead, to the
same
72.16extent as other agricultural homestead property, if all of the following criteria
are met:
72.17 (1) the agricultural property consists of at least 40 acres including undivided government
72.18lots and correctional 40's;
72.19 (2) the owner, the owner's spouse, or a grandchild, child, sibling, or parent of the
owner
72.20or of the owner's spouse, is actively farming the agricultural property, either on
the person's
72.21own behalf as an individual or on behalf of a partnership operating a family farm,
family
72.22farm corporation, joint family farm venture, or limited liability company of which
the person
72.23is a partner, shareholder, or member;
72.24 (3) both the owner of the agricultural property and the person who is actively farming
72.25the agricultural property under clause (2), are Minnesota residents;
72.26 (4) neither the owner nor the spouse of the owner claims another agricultural homestead
72.27in Minnesota; and
72.28 (5) neither the owner nor the person actively farming the agricultural property lives
72.29farther than four townships or cities, or a combination of four townships or cities,
from the
72.30agricultural property, except that if the owner or the owner's spouse is required
to live in
72.31employer-provided housing, the owner or owner's spouse, whichever is actively farming
72.32the agricultural property, may live more than four townships or cities, or combination
of
72.33four townships or cities from the agricultural property.
73.1 The relationship under this paragraph may be either by blood or marriage.
73.2 (ii)
Agricultural property held by a trustee under a trust is eligible for agricultural
73.3homestead classification under this paragraph if the qualifications in clause (i)
are met,
73.4except that "owner" means the grantor of the trust.
73.5 (iii) Property containing the residence of an owner who owns qualified property under
73.6clause (i) shall be classified as part of the owner's agricultural homestead, if that
property
73.7is also used for noncommercial storage or drying of agricultural crops.
73.8(iv) (iii) As used in this paragraph, "agricultural property" means class 2a property and
73.9any class 2b property that is contiguous to and under the same ownership as the class
2a
73.10property.
73.11 (c) Noncontiguous land shall be included as part of a homestead under section
273.13,
73.12subdivision 23
, paragraph (a), only if the homestead is classified as class 2a and the detached
73.13land is located in the same township or city, or not farther than four townships or
cities or
73.14combination thereof from the homestead. Any taxpayer of these noncontiguous lands
must
73.15notify the county assessor that the noncontiguous land is part of the taxpayer's homestead,
73.16and, if the homestead is located in another county, the taxpayer must also notify
the assessor
73.17of the other county.
73.18 (d) Agricultural land used for purposes of a homestead and actively farmed by a person
73.19holding a vested remainder interest in it must be classified as a homestead under
section
73.20273.13, subdivision 23
, paragraph (a). If agricultural land is classified class 2a, any other
73.21dwellings on the land used for purposes of a homestead by persons holding vested remainder
73.22interests who are actively engaged in farming the property, and up to one acre of
the land
73.23surrounding each homestead and reasonably necessary for the use of the dwelling as
a home,
73.24must also be assessed class 2a.
73.25 (e) Agricultural land and buildings that were class 2a homestead property under section
73.26273.13, subdivision 23
, paragraph (a), for the 1997 assessment shall remain classified as
73.27agricultural homesteads for subsequent assessments if:
73.28 (1) the property owner abandoned the homestead dwelling located on the agricultural
73.29homestead as a result of the April 1997 floods;
73.30 (2) the property is located in the county of Polk, Clay, Kittson, Marshall, Norman,
or
73.31Wilkin;
74.1 (3) the agricultural land and buildings remain under the same ownership for the current
74.2assessment year as existed for the 1997 assessment year and continue to be used for
74.3agricultural purposes;
74.4 (4) the dwelling occupied by the owner is located in Minnesota and is within 30 miles
74.5of one of the parcels of agricultural land that is owned by the taxpayer; and
74.6 (5) the owner notifies the county assessor that the relocation was due to the 1997
floods,
74.7and the owner furnishes the assessor any information deemed necessary by the assessor
in
74.8verifying the change in dwelling. Further notifications to the assessor are not required
if the
74.9property continues to meet all the requirements in this paragraph and any dwellings
on the
74.10agricultural land remain uninhabited.
74.11 (f) Agricultural land and buildings that were class 2a homestead property under section
74.12273.13, subdivision 23
, paragraph (a), for the 1998 assessment shall remain classified
74.13agricultural homesteads for subsequent assessments if:
74.14 (1) the property owner abandoned the homestead dwelling located on the agricultural
74.15homestead as a result of damage caused by a March 29, 1998, tornado;
74.16 (2) the property is located in the county of Blue Earth, Brown, Cottonwood, LeSueur,
74.17Nicollet, Nobles, or Rice;
74.18 (3) the agricultural land and buildings remain under the same ownership for the current
74.19assessment year as existed for the 1998 assessment year;
74.20 (4) the dwelling occupied by the owner is located in this state and is within 50 miles
of
74.21one of the parcels of agricultural land that is owned by the taxpayer; and
74.22 (5) the owner notifies the county assessor that the relocation was due to a March
29,
74.231998, tornado, and the owner furnishes the assessor any information deemed necessary
by
74.24the assessor in verifying the change in homestead dwelling. For taxes payable in 1999,
the
74.25owner must notify the assessor by December 1, 1998. Further notifications to the assessor
74.26are not required if the property continues to meet all the requirements in this paragraph
and
74.27any dwellings on the agricultural land remain uninhabited.
74.28 (g) Agricultural property of a family farm corporation, joint family farm venture,
family
74.29farm limited liability company, or partnership operating a family farm as described
under
74.30subdivision 8 shall be classified homestead, to the same extent as other agricultural
homestead
74.31property, if all of the following criteria are met:
74.32 (1) the property consists of at least 40 acres including undivided government lots
and
74.33correctional 40's;
75.1 (2) a shareholder, member, or partner of that entity is actively farming the agricultural
75.2property;
75.3 (3) that shareholder, member, or partner who is actively farming the agricultural
property
75.4is a Minnesota resident;
75.5 (4) neither that shareholder, member, or partner, nor the spouse of that shareholder,
75.6member, or partner claims another agricultural homestead in Minnesota; and
75.7 (5) that shareholder, member, or partner does not live farther than four townships
or
75.8cities, or a combination of four townships or cities, from the agricultural property.
75.9 Homestead treatment applies under this paragraph for property leased to a family farm
75.10corporation, joint farm venture, limited liability company, or partnership operating
a family
75.11farm if legal title to the property is in the name of an individual who is a member,
shareholder,
75.12or partner in the entity.
75.13 (h) To be eligible for the special agricultural homestead under this subdivision,
an initial
75.14full application must be submitted to the county assessor where the property is located.
75.15Owners and the persons who are actively farming the property shall be required to
complete
75.16only a one-page abbreviated version of the application in each subsequent year provided
75.17that none of the following items have changed since the initial application:
75.18 (1) the day-to-day operation, administration, and financial risks remain the same;
75.19 (2) the owners and the persons actively farming the property continue to live within
the
75.20four townships or city criteria and are Minnesota residents;
75.21 (3) the same operator of the agricultural property is listed with the Farm Service
Agency;
75.22 (4) a Schedule F or equivalent income tax form was filed for the most recent year;
75.23 (5) the property's acreage is unchanged; and
75.24 (6) none of the property's acres have been enrolled in a federal or state farm program
75.25since the initial application.
75.26 The owners and any persons who are actively farming the property must include the
75.27appropriate Social Security numbers, and sign and date the application. If any of
the specified
75.28information has changed since the full application was filed, the owner must notify
the
75.29assessor, and must complete a new application to determine if the property continues
to
75.30qualify for the special agricultural homestead. The commissioner of revenue shall
prepare
75.31a standard reapplication form for use by the assessors.
76.1 (i) Agricultural land and buildings that were class 2a homestead property under section
76.2273.13, subdivision 23
, paragraph (a), for the 2007 assessment shall remain classified
76.3agricultural homesteads for subsequent assessments if:
76.4 (1) the property owner abandoned the homestead dwelling located on the agricultural
76.5homestead as a result of damage caused by the August 2007 floods;
76.6 (2) the property is located in the county of Dodge, Fillmore, Houston, Olmsted, Steele,
76.7Wabasha, or Winona;
76.8 (3) the agricultural land and buildings remain under the same ownership for the current
76.9assessment year as existed for the 2007 assessment year;
76.10 (4) the dwelling occupied by the owner is located in this state and is within 50 miles
of
76.11one of the parcels of agricultural land that is owned by the taxpayer; and
76.12 (5) the owner notifies the county assessor that the relocation was due to the August
2007
76.13floods, and the owner furnishes the assessor any information deemed necessary by the
76.14assessor in verifying the change in homestead dwelling. For taxes payable in 2009,
the
76.15owner must notify the assessor by December 1, 2008. Further notifications to the assessor
76.16are not required if the property continues to meet all the requirements in this paragraph
and
76.17any dwellings on the agricultural land remain uninhabited.
76.18 (j) Agricultural land and buildings that were class 2a homestead property under section
76.19273.13, subdivision 23
, paragraph (a), for the 2008 assessment shall remain classified as
76.20agricultural homesteads for subsequent assessments if:
76.21 (1) the property owner abandoned the homestead dwelling located on the agricultural
76.22homestead as a result of the March 2009 floods;
76.23 (2) the property is located in the county of Marshall;
76.24 (3) the agricultural land and buildings remain under the same ownership for the current
76.25assessment year as existed for the 2008 assessment year and continue to be used for
76.26agricultural purposes;
76.27 (4) the dwelling occupied by the owner is located in Minnesota and is within 50 miles
76.28of one of the parcels of agricultural land that is owned by the taxpayer; and
76.29 (5) the owner notifies the county assessor that the relocation was due to the 2009
floods,
76.30and the owner furnishes the assessor any information deemed necessary by the assessor
in
76.31verifying the change in dwelling. Further notifications to the assessor are not required
if the
77.1property continues to meet all the requirements in this paragraph and any dwellings
on the
77.2agricultural land remain uninhabited.
77.3EFFECTIVE DATE.This section is effective beginning for property taxes payable in
77.42018.
77.5 Sec. 12. Minnesota Statutes 2016, section 273.124, subdivision 21, is amended to read:
77.6 Subd. 21.
Trust property; homestead. Real or personal property
, including agricultural
77.7property, held by a trustee under a trust is eligible for classification as homestead property
77.8if the property satisfies the requirements of paragraph (a), (b), (c),
or (d)
, or (e).
77.9 (a) The grantor or surviving spouse of the grantor of the trust occupies and uses
the
77.10property as a homestead.
77.11 (b) A relative or surviving relative of the grantor who meets the requirements of
77.12subdivision 1, paragraph (c), in the case of residential real estate; or subdivision
1, paragraph
77.13(d), in the case of agricultural property, occupies and uses the property as a homestead.
77.14 (c) A family farm corporation, joint farm venture, limited liability company, or partnership
77.15operating a family farm in which the grantor or the grantor's surviving spouse is
a
77.16shareholder, member, or partner rents the property; and, either (1) a shareholder,
member,
77.17or partner of the corporation, joint farm venture, limited liability company, or partnership
77.18occupies and uses the property as a homestead; or (2) the property is at least 40
acres,
77.19including undivided government lots and correctional 40's, and a shareholder, member,
or
77.20partner of the tenant-entity is actively farming the property on behalf of the corporation,
77.21joint farm venture, limited liability company, or partnership.
77.22 (d) A person who has received homestead classification for property taxes payable
in
77.232000 on the basis of an unqualified legal right under the terms of the trust agreement
to
77.24occupy the property as that person's homestead and who continues to use the property
as a
77.25homestead; or, a person who received the homestead classification for taxes payable
in 2005
77.26under paragraph (c) who does not qualify under paragraph (c) for taxes payable in
2006 or
77.27thereafter but who continues to qualify under paragraph (c) as it existed for taxes
payable
77.28in 2005.
77.29(e) The qualifications under subdivision 14, paragraph (b), clause (i), are met. For
77.30purposes of this paragraph, "owner" means the grantor of the trust or the surviving
spouse
77.31of the grantor.
77.32(f) For purposes of this subdivision, the following terms have the meanings given
them:
78.1(1) "agricultural property" means the house, garage, other farm buildings and structures,
78.2and agricultural land;
78.3(2) "agricultural land" has the meaning given in section 273.13, subdivision 23, except
78.4that the phrases "owned by same person" or "under the same ownership" as used in that
78.5subdivision mean and include contiguous tax parcels owned by:
78.6(i) an individual and a trust of which the individual, the individual's spouse, or
the
78.7individual's deceased spouse is the grantor; or
78.8(ii) different trusts of which the grantors of each trust are any combination of an
78.9individual, the individual's spouse, or the individual's deceased spouse; and
78.10 For purposes of this subdivision, (3) "grantor"
is defined as means the person creating
78.11or establishing a testamentary, inter Vivos, revocable or irrevocable trust by written
78.12instrument or through the exercise of a power of appointment.
78.13(g) Noncontiguous land is included as part of a homestead under this subdivision,
only
78.14if the homestead is classified as class 2a, as defined in section 273.13, subdivision
23, and
78.15the detached land is located in the same township or city, or not farther than four
townships
78.16or cities or combination thereof from the homestead. Any taxpayer of these noncontiguous
78.17lands must notify the county assessor by December 15 for taxes payable in the following
78.18year that the noncontiguous land is part of the taxpayer's homestead, and, if the
homestead
78.19is located in another county, the taxpayer must also notify the assessor of the other
county.
78.20EFFECTIVE DATE.This section is effective beginning for property taxes payable in
78.212018.
78.22 Sec. 13. Minnesota Statutes 2016, section 273.125, subdivision 8, is amended to read:
78.23 Subd. 8.
Manufactured homes; sectional structures. (a) In this section, "manufactured
78.24home" means a structure transportable in one or more sections, which is built on a
permanent
78.25chassis, and designed to be used as a dwelling with or without a permanent foundation
when
78.26connected to the required utilities, and contains the plumbing, heating, air conditioning,
and
78.27electrical systems in it. Manufactured home includes any accessory structure that
is an
78.28addition or supplement to the manufactured home and, when installed, becomes a part
of
78.29the manufactured home.
78.30 (b) Except as provided in paragraph (c), a manufactured home that meets each of the
78.31following criteria must be valued and assessed as an improvement to real property,
the
78.32appropriate real property classification applies, and the valuation is subject to
review and
78.33the taxes payable in the manner provided for real property:
79.1 (1) the owner of the unit holds title to the land on which it is situated;
79.2 (2) the unit is affixed to the land by a permanent foundation or is installed at its
location
79.3in accordance with the Manufactured Home Building Code in sections
327.31 to
327.34,
79.4and rules adopted under those sections, or is affixed to the land like other real
property in
79.5the taxing district; and
79.6 (3) the unit is connected to public utilities, has a well and septic tank system,
or is serviced
79.7by water and sewer facilities comparable to other real property in the taxing district.
79.8 (c) A manufactured home that meets each of the following criteria must be assessed
at
79.9the rate provided by the appropriate real property classification but must be treated
as
79.10personal property, and the valuation is subject to review and the taxes payable in
the manner
79.11provided in this section:
79.12 (1) the owner of the unit is a lessee of the land under the terms of a lease, or the
unit is
79.13located in a manufactured home park but is not the homestead of the park owner;
79.14 (2) the unit is affixed to the land by a permanent foundation or is installed at its
location
79.15in accordance with the Manufactured Home Building Code contained in sections
327.31 to
79.16327.34
, and the rules adopted under those sections, or is affixed to the land like other
real
79.17property in the taxing district; and
79.18 (3) the unit is connected to public utilities, has a well and septic tank system,
or is serviced
79.19by water and sewer facilities comparable to other real property in the taxing district.
79.20 (d) Sectional structures must be valued and assessed as an improvement to real property
79.21if the owner of the structure holds title to the land on which it is located or is
a qualifying
79.22lessee of the land under section
273.19. In this paragraph "sectional structure" means a
79.23building or structural unit that has been in whole or substantial part manufactured
or
79.24constructed at an off-site location to be wholly or partially assembled on site alone
or with
79.25other units and attached to a permanent foundation.
79.26 (e) The commissioner of revenue may adopt rules under the Administrative Procedure
79.27Act to establish additional criteria for the classification of manufactured homes
and sectional
79.28structures under this subdivision.
79.29 (f) A storage shed, deck, or similar improvement constructed on property that is leased
79.30or rented as a site for a manufactured home, sectional structure, park trailer, or
travel trailer
79.31is taxable as provided in this section. In the case of property that is leased or
rented as a site
79.32for a travel trailer, a storage shed, deck, or similar improvement on the site that
is considered
79.33personal property under this paragraph is taxable only if its total estimated market
value is
80.1over
$1,000 $10,000. The property is taxable as personal property to the lessee of the site
80.2if it is not owned by the owner of the site. The property is taxable as real estate
if it is owned
80.3by the owner of the site. As a condition of permitting the owner of the manufactured
home,
80.4sectional structure, park trailer, or travel trailer to construct improvements on
the leased or
80.5rented site, the owner of the site must obtain the permanent home address of the lessee
or
80.6user of the site. The site owner must provide the name and address to the assessor
upon
80.7request.
80.8EFFECTIVE DATE.This section is effective beginning for property taxes assessed
80.9in 2018 and payable in 2019.
80.10 Sec. 14. Minnesota Statutes 2016, section 273.13, subdivision 22, is amended to read:
80.11 Subd. 22.
Class 1. (a) Except as provided in subdivision 23 and in paragraphs (b) and
80.12(c), real estate which is residential and used for homestead purposes is class 1a.
In the case
80.13of a duplex or triplex in which one of the units is used for homestead purposes, the
entire
80.14property is deemed to be used for homestead purposes. The market value of class 1a
property
80.15must be determined based upon the value of the house, garage, and land.
80.16 The first $500,000 of market value of class 1a property has a net classification rate
of
80.17one percent of its market value; and the market value of class 1a property that exceeds
80.18$500,000 has a classification rate of 1.25 percent of its market value.
80.19 (b) Class 1b property includes homestead real estate or homestead manufactured homes
80.20used for the purposes of a homestead by:
80.21 (1) any person who is blind as defined in section
256D.35, or the blind person and the
80.22blind person's spouse;
80.23 (2) any person who is permanently and totally disabled or by the disabled person and
80.24the disabled person's spouse; or
80.25 (3) the surviving spouse of a permanently and totally disabled veteran homesteading
a
80.26property classified under this paragraph for taxes payable in 2008.
80.27 Property is classified and assessed under clause (2) only if the government agency
or
80.28income-providing source certifies, upon the request of the homestead occupant, that
the
80.29homestead occupant satisfies the disability requirements of this paragraph, and that
the
80.30property is not eligible for the valuation exclusion under subdivision 34.
81.1 Property is classified and assessed under paragraph (b) only if the commissioner of
81.2revenue or the county assessor certifies that the homestead occupant satisfies the
requirements
81.3of this paragraph.
81.4 Permanently and totally disabled for the purpose of this subdivision means a condition
81.5which is permanent in nature and totally incapacitates the person from working at
an
81.6occupation which brings the person an income. The first $50,000 market value of class
1b
81.7property has a net classification rate of .45 percent of its market value. The remaining
market
81.8value of class 1b property has a classification rate using the rates for class 1a
or class 2a
81.9property, whichever is appropriate, of similar market value.
81.10 (c) Class 1c property is commercial use real and personal property that abuts public
81.11water as defined in section
103G.005, subdivision 15,
or abuts a state trail administered by
81.12the Department of Natural Resources, and is devoted to temporary and seasonal residential
81.13occupancy for recreational purposes but not devoted to commercial purposes for more
than
81.14250 days in the year preceding the year of assessment, and that includes a portion
used as
81.15a homestead by the owner
, which includes a dwelling occupied as a homestead by a
81.16shareholder of a corporation that owns the resort, a partner in a partnership that
owns the
81.17resort, or a member of a limited liability company that owns the resort even if the
title to
81.18the homestead is held by the corporation, partnership, or limited liability company. For
81.19purposes of this paragraph, property is devoted to a commercial purpose on a specific
day
81.20if any portion of the property, excluding the portion used exclusively as a homestead,
is
81.21used for residential occupancy and a fee is charged for residential occupancy. Class
1c
81.22property must contain three or more rental units. A "rental unit" is defined as a
cabin,
81.23condominium, townhouse, sleeping room, or individual camping site equipped with water
81.24and electrical hookups for recreational vehicles. Class 1c property must provide recreational
81.25activities such as the rental of ice fishing houses, boats and motors, snowmobiles,
downhill
81.26or cross-country ski equipment; provide marina services, launch services, or guide
services;
81.27or sell bait and fishing tackle. Any unit in which the right to use the property is
transferred
81.28to an individual or entity by deeded interest, or the sale of shares or stock, no
longer qualifies
81.29for class 1c even though it may remain available for rent. A camping pad offered for
rent
81.30by a property that otherwise qualifies for class 1c is also class 1c, regardless of
the term of
81.31the rental agreement, as long as the use of the camping pad does not exceed 250 days.
If
81.32the same owner owns two separate parcels that are located in the same township, and
one
81.33of those properties is classified as a class 1c property and the other would be eligible
to be
81.34classified as a class 1c property if it was used as the homestead of the owner, both
properties
81.35will be assessed as a single class 1c property; for purposes of this sentence, properties
are
82.1deemed to be owned by the same owner if each of them is owned by a limited liability
82.2company, and both limited liability companies have the same membership. The portion
of
82.3the property used as a homestead is class 1a property under paragraph (a). The remainder
82.4of the property is classified as follows: the first $600,000 of market value is tier
I, the next
82.5$1,700,000 of market value is tier II, and any remaining market value is tier III.
The
82.6classification rates for class 1c are: tier I, 0.50 percent; tier II, 1.0 percent;
and tier III, 1.25
82.7percent. Owners of real and personal property devoted to temporary and seasonal residential
82.8occupancy for recreation purposes in which all or a portion of the property was devoted
to
82.9commercial purposes for not more than 250 days in the year preceding the year of assessment
82.10desiring classification as class 1c, must submit a declaration to the assessor designating
the
82.11cabins or units occupied for 250 days or less in the year preceding the year of assessment
82.12by January 15 of the assessment year. Those cabins or units and a proportionate share
of
82.13the land on which they are located must be designated as class 1c as otherwise provided.
82.14The remainder of the cabins or units and a proportionate share of the land on which
they
82.15are located must be designated as class 3a commercial. The owner of property desiring
82.16designation as class 1c property must provide guest registers or other records demonstrating
82.17that the units for which class 1c designation is sought were not occupied for more
than 250
82.18days in the year preceding the assessment if so requested. The portion of a property
operated
82.19as a (1) restaurant, (2) bar, (3) gift shop, (4) conference center or meeting room,
and (5)
82.20other nonresidential facility operated on a commercial basis not directly related
to temporary
82.21and seasonal residential occupancy for recreation purposes does not qualify for class
1c.
82.22 (d) Class 1d property includes structures that meet all of the following criteria:
82.23 (1) the structure is located on property that is classified as agricultural property
under
82.24section
273.13, subdivision 23;
82.25 (2) the structure is occupied exclusively by seasonal farm workers during the time
when
82.26they work on that farm, and the occupants are not charged rent for the privilege of
occupying
82.27the property, provided that use of the structure for storage of farm equipment and
produce
82.28does not disqualify the property from classification under this paragraph;
82.29 (3) the structure meets all applicable health and safety requirements for the appropriate
82.30season; and
82.31 (4) the structure is not salable as residential property because it does not comply
with
82.32local ordinances relating to location in relation to streets or roads.
82.33 The market value of class 1d property has the same classification rates as class 1a
property
82.34under paragraph (a).
83.1(e) For the purposes of paragraph (c), the portion of a resort used as a homestead
by the
83.2owner includes a dwelling occupied as a homestead by:
83.3(1) a shareholder of a corporation that owns the resort, whether the title to the
dwelling
83.4is held by the shareholder occupying the dwelling or the corporation;
83.5(2) a partner in a partnership that owns the resort, whether the title to the dwelling
is
83.6held by the partner occupying the dwelling or the partnership; or
83.7(3) a member of a limited liability company that owns the resort, whether the title
to the
83.8dwelling is held by the member occupying the dwelling or the limited liability company.
83.9To qualify the portion of a resort used as a homestead by an owner when the title
is held
83.10by the shareholder, partner, or member occupying the dwelling, a property owner must
83.11apply to the assessor by January 15 of the assessment year and provide any documentation
83.12for verification required by the assessor. An owner is not required to reapply unless
there
83.13is a change in the individual using the dwelling as a homestead or a change in the
person
83.14who holds the title to the dwelling.
83.15EFFECTIVE DATE.This section is effective beginning with assessment year 2018
83.16for taxes payable in 2019.
83.17 Sec. 15. Minnesota Statutes 2016, section 273.13, subdivision 23, is amended to read:
83.18 Subd. 23.
Class 2. (a) An agricultural homestead consists of class 2a agricultural land
83.19that is homesteaded, along with any class 2b rural vacant land that is contiguous
to the class
83.202a land under the same ownership. The market value of the house and garage and immediately
83.21surrounding one acre of land has the same classification rates as class 1a or 1b property
83.22under subdivision 22. The value of the remaining land including improvements up to
the
83.23first tier valuation limit of agricultural homestead property has a classification
rate of 0.5
83.24percent of market value. The remaining property over the first tier has a classification
rate
83.25of one percent of market value. For purposes of this subdivision, the "first tier
valuation
83.26limit of agricultural homestead property" and "first tier" means the limit certified
under
83.27section
273.11, subdivision 23.
83.28 (b) Class 2a agricultural land consists of parcels of property, or portions thereof,
that
83.29are agricultural land and buildings. Class 2a property has a classification rate of
one percent
83.30of market value, unless it is part of an agricultural homestead under paragraph (a).
Class 2a
83.31property must also include any property that would otherwise be classified as 2b,
but is
83.32interspersed with class 2a property, including but not limited to sloughs, wooded
wind
83.33shelters, acreage abutting ditches, ravines, rock piles, land subject to a setback
requirement,
84.1and other similar land that is impractical for the assessor to value separately from
the rest
84.2of the property or that is unlikely to be able to be sold separately from the rest
of the property.
84.3 An assessor may classify the part of a parcel described in this subdivision that is
used
84.4for agricultural purposes as class 2a and the remainder in the class appropriate to
its use.
84.5 (c) Class 2b rural vacant land consists of parcels of property, or portions thereof,
that
84.6are unplatted real estate, rural in character and not used for agricultural purposes,
including
84.7land used for growing trees for timber, lumber, and wood and wood products, that is
not
84.8improved with a structure. The presence of a minor, ancillary nonresidential structure
as
84.9defined by the commissioner of revenue does not disqualify the property from classification
84.10under this paragraph. Any parcel of 20 acres or more improved with a structure that
is not
84.11a minor, ancillary nonresidential structure must be split-classified, and ten acres
must be
84.12assigned to the split parcel containing the structure. Class 2b property has a classification
84.13rate of one percent of market value unless it is part of an agricultural homestead
under
84.14paragraph (a), or qualifies as class 2c under paragraph (d).
84.15 (d) Class 2c managed forest land consists of no less than 20 and no more than 1,920
84.16acres statewide per taxpayer that is being managed under a forest management plan
that
84.17meets the requirements of chapter 290C, but is not enrolled in the sustainable forest
resource
84.18management incentive program. It has a classification rate of .65 percent, provided
that the
84.19owner of the property must apply to the assessor in order for the property to initially
qualify
84.20for the reduced rate and provide the information required by the assessor to verify
that the
84.21property qualifies for the reduced rate. If the assessor receives the application
and information
84.22before May 1 in an assessment year, the property qualifies beginning with that assessment
84.23year. If the assessor receives the application and information after April 30 in an
assessment
84.24year, the property may not qualify until the next assessment year. The commissioner
of
84.25natural resources must concur that the land is qualified. The commissioner of natural
84.26resources shall annually provide county assessors verification information on a timely
basis.
84.27The presence of a minor, ancillary nonresidential structure as defined by the commissioner
84.28of revenue does not disqualify the property from classification under this paragraph.
84.29 (e) Agricultural land as used in this section means:
84.30 (1) contiguous acreage of ten acres or more, used during the preceding year for
84.31agricultural purposes; or
84.32 (2) contiguous acreage used during the preceding year for an intensive livestock or
84.33poultry confinement operation, provided that land used only for pasturing or grazing
does
84.34not qualify under this clause.
85.1 "Agricultural purposes" as used in this section means the raising, cultivation, drying,
or
85.2storage of agricultural products for sale, or the storage of machinery or equipment
used in
85.3support of agricultural production by the same farm entity. For a property to be classified
85.4as agricultural based only on the drying or storage of agricultural products, the
products
85.5being dried or stored must have been produced by the same farm entity as the entity
operating
85.6the drying or storage facility. "Agricultural purposes" also includes enrollment in
a local
85.7conservation program or the Reinvest in Minnesota program under sections
103F.501 to
85.8103F.535
or the federal Conservation Reserve Program as contained in Public Law 99-198
85.9or a similar state or federal conservation program if the property was classified
as agricultural
85.10(i) under this subdivision for taxes payable in 2003 because of its enrollment in
a qualifying
85.11program and the land remains enrolled or (ii) in the year prior to its enrollment.
For purposes
85.12of this section, a local conservation program means a program administered by a town,
85.13statutory or home rule charter city, or county, including a watershed district, water
85.14management organization, or soil and water conservation district, in which landowners
85.15voluntarily enroll land and receive incentive payments equal to at least $50 per acre
in
85.16exchange for use or other restrictions placed on the land. In order for property to
qualify
85.17under the local conservation program provision, a taxpayer must apply to the assessor
by
85.18February 1 of the assessment year and must submit the information required by the
assessor,
85.19including but not limited to a copy of the program requirements, the specific agreement
85.20between the land owner and the local agency, if applicable, and a map of the conservation
85.21area. Agricultural classification shall not be based upon the market value of any residential
85.22structures on the parcel or contiguous parcels under the same ownership.
85.23 "Contiguous acreage," for purposes of this paragraph, means all of, or a contiguous
85.24portion of, a tax parcel as described in section
272.193, or all of, or a contiguous portion
85.25of, a set of contiguous tax parcels under that section that are owned by the same
person.
85.26 (f) Agricultural land under this section also includes:
85.27 (1) contiguous acreage that is less than ten acres in size and exclusively used in
the
85.28preceding year for raising or cultivating agricultural products; or
85.29 (2) contiguous acreage that contains a residence and is less than 11 acres in size,
if the
85.30contiguous acreage exclusive of the house, garage, and surrounding one acre of land
was
85.31used in the preceding year for one or more of the following three uses:
85.32 (i) for an intensive grain drying or storage operation, or for intensive machinery
or
85.33equipment storage activities used to support agricultural activities on other parcels
of property
85.34operated by the same farming entity;
86.1 (ii) as a nursery, provided that only those acres used intensively to produce nursery
stock
86.2are considered agricultural land; or
86.3 (iii) for intensive market farming; for purposes of this paragraph, "market farming"
86.4means the cultivation of one or more fruits or vegetables or production of animal
or other
86.5agricultural products for sale to local markets by the farmer or an organization with
which
86.6the farmer is affiliated.
86.7 "Contiguous acreage," for purposes of this paragraph, means all of a tax parcel as
86.8described in section
272.193, or all of a set of contiguous tax parcels under that section that
86.9are owned by the same person.
86.10 (g) Land shall be classified as agricultural even if all or a portion of the agricultural
use
86.11of that property is the leasing to, or use by another person for agricultural purposes.
86.12 Classification under this subdivision is not determinative for qualifying under section
86.13273.111
.
86.14 (h) The property classification under this section supersedes, for property tax purposes
86.15only, any locally administered agricultural policies or land use restrictions that
define
86.16minimum or maximum farm acreage.
86.17 (i) The term "agricultural products" as used in this subdivision includes production
for
86.18sale of:
86.19 (1) livestock, dairy animals, dairy products, poultry and poultry products, fur-bearing
86.20animals, horticultural and nursery stock, fruit of all kinds, vegetables, forage,
grains, bees,
86.21and apiary products by the owner;
86.22 (2)
fish bred aquacultural products for sale and consumption
, as defined under section
86.2317.47, if the
fish breeding aquaculture occurs on land zoned for agricultural use;
86.24 (3) the commercial boarding of horses, which may include related horse training and
86.25riding instruction, if the boarding is done on property that is also used for raising
pasture
86.26to graze horses or raising or cultivating other agricultural products as defined in
clause (1);
86.27 (4) property which is owned and operated by nonprofit organizations used for equestrian
86.28activities, excluding racing;
86.29 (5) game birds and waterfowl bred and raised (i) on a game farm licensed under section
86.3097A.105
, provided that the annual licensing report to the Department of Natural Resources,
86.31which must be submitted annually by March 30 to the assessor, indicates that at least
500
86.32birds were raised or used for breeding stock on the property during the preceding
year and
87.1that the owner provides a copy of the owner's most recent schedule F; or (ii) for
use on a
87.2shooting preserve licensed under section
97A.115;
87.3 (6) insects primarily bred to be used as food for animals;
87.4 (7) trees, grown for sale as a crop, including short rotation woody crops, and not
sold
87.5for timber, lumber, wood, or wood products; and
87.6 (8) maple syrup taken from trees grown by a person licensed by the Minnesota
87.7Department of Agriculture under chapter 28A as a food processor.
87.8 (j) If a parcel used for agricultural purposes is also used for commercial or industrial
87.9purposes, including but not limited to:
87.10 (1) wholesale and retail sales;
87.11 (2) processing of raw agricultural products or other goods;
87.12 (3) warehousing or storage of processed goods; and
87.13 (4) office facilities for the support of the activities enumerated in clauses (1),
(2), and
87.14(3),
87.15the assessor shall classify the part of the parcel used for agricultural purposes
as class 1b,
87.162a, or 2b, whichever is appropriate, and the remainder in the class appropriate to
its use.
87.17The grading, sorting, and packaging of raw agricultural products for first sale is
considered
87.18an agricultural purpose. A greenhouse or other building where horticultural or nursery
87.19products are grown that is also used for the conduct of retail sales must be classified
as
87.20agricultural if it is primarily used for the growing of horticultural or nursery products
from
87.21seed, cuttings, or roots and occasionally as a showroom for the retail sale of those
products.
87.22Use of a greenhouse or building only for the display of already grown horticultural
or nursery
87.23products does not qualify as an agricultural purpose.
87.24 (k) The assessor shall determine and list separately on the records the market value
of
87.25the homestead dwelling and the one acre of land on which that dwelling is located.
If any
87.26farm buildings or structures are located on this homesteaded acre of land, their market
value
87.27shall not be included in this separate determination.
87.28 (l) Class 2d airport landing area consists of a landing area or public access area
of a
87.29privately owned public use airport. It has a classification rate of one percent of
market value.
87.30To qualify for classification under this paragraph, a privately owned public use airport
must
87.31be licensed as a public airport under section
360.018. For purposes of this paragraph, "landing
87.32area" means that part of a privately owned public use airport properly cleared, regularly
88.1maintained, and made available to the public for use by aircraft and includes runways,
88.2taxiways, aprons, and sites upon which are situated landing or navigational aids.
A landing
88.3area also includes land underlying both the primary surface and the approach surfaces
that
88.4comply with all of the following:
88.5 (i) the land is properly cleared and regularly maintained for the primary purposes
of the
88.6landing, taking off, and taxiing of aircraft; but that portion of the land that contains
facilities
88.7for servicing, repair, or maintenance of aircraft is not included as a landing area;
88.8 (ii) the land is part of the airport property; and
88.9 (iii) the land is not used for commercial or residential purposes.
88.10The land contained in a landing area under this paragraph must be described and certified
88.11by the commissioner of transportation. The certification is effective until it is
modified, or
88.12until the airport or landing area no longer meets the requirements of this paragraph.
For
88.13purposes of this paragraph, "public access area" means property used as an aircraft
parking
88.14ramp, apron, or storage hangar, or an arrival and departure building in connection
with the
88.15airport.
88.16 (m) Class 2e consists of land with a commercial aggregate deposit that is not actively
88.17being mined and is not otherwise classified as class 2a or 2b, provided that the land
is not
88.18located in a county that has elected to opt-out of the aggregate preservation program
as
88.19provided in section
273.1115, subdivision 6. It has a classification rate of one percent of
88.20market value. To qualify for classification under this paragraph, the property must
be at
88.21least ten contiguous acres in size and the owner of the property must record with
the county
88.22recorder of the county in which the property is located an affidavit containing:
88.23 (1) a legal description of the property;
88.24 (2) a disclosure that the property contains a commercial aggregate deposit that is
not
88.25actively being mined but is present on the entire parcel enrolled;
88.26 (3) documentation that the conditional use under the county or local zoning ordinance
88.27of this property is for mining; and
88.28 (4) documentation that a permit has been issued by the local unit of government or
the
88.29mining activity is allowed under local ordinance. The disclosure must include a statement
88.30from a registered professional geologist, engineer, or soil scientist delineating
the deposit
88.31and certifying that it is a commercial aggregate deposit.
88.32 For purposes of this section and section
273.1115, "commercial aggregate deposit"
88.33means a deposit that will yield crushed stone or sand and gravel that is suitable
for use as
89.1a construction aggregate; and "actively mined" means the removal of top soil and overburden
89.2in preparation for excavation or excavation of a commercial deposit.
89.3 (n) When any portion of the property under this subdivision or subdivision 22 begins
to
89.4be actively mined, the owner must file a supplemental affidavit within 60 days from
the
89.5day any aggregate is removed stating the number of acres of the property that is actively
89.6being mined. The acres actively being mined must be (1) valued and classified under
89.7subdivision 24 in the next subsequent assessment year, and (2) removed from the aggregate
89.8resource preservation property tax program under section
273.1115, if the land was enrolled
89.9in that program. Copies of the original affidavit and all supplemental affidavits
must be
89.10filed with the county assessor, the local zoning administrator, and the Department
of Natural
89.11Resources, Division of Land and Minerals. A supplemental affidavit must be filed each
89.12time a subsequent portion of the property is actively mined, provided that the minimum
89.13acreage change is five acres, even if the actual mining activity constitutes less
than five
89.14acres.
89.15 (o) The definitions prescribed by the commissioner under paragraphs (c) and (d) are
not
89.16rules and are exempt from the rulemaking provisions of chapter 14, and the provisions
in
89.17section
14.386 concerning exempt rules do not apply.
89.18EFFECTIVE DATE.This section is effective beginning with assessment year 2018.
89.19 Sec. 16. Minnesota Statutes 2016, section 273.13, subdivision 25, is amended to read:
89.20 Subd. 25.
Class 4. (a) Class 4a is residential real estate containing four or more units
89.21and used or held for use by the owner or by the tenants or lessees of the owner as
a residence
89.22for rental periods of 30 days or more, excluding property qualifying for class 4d.
Class 4a
89.23also includes hospitals licensed under sections
144.50 to
144.56, other than hospitals exempt
89.24under section
272.02, and contiguous property used for hospital purposes, without regard
89.25to whether the property has been platted or subdivided. The market value of class
4a property
89.26has a classification rate of 1.25 percent.
89.27 (b) Class 4b includes:
89.28 (1) residential real estate containing less than four units that does not qualify
as class
89.294bb, other than seasonal residential recreational property;
89.30 (2) manufactured homes not classified under any other provision;
89.31 (3) a dwelling, garage, and surrounding one acre of property on a nonhomestead farm
89.32classified under subdivision 23, paragraph (b) containing two or three units; and
90.1 (4) unimproved property that is classified residential as determined under subdivision
90.233.
90.3 The market value of class 4b property has a classification rate of 1.25 percent.
90.4 (c) Class 4bb includes
:
90.5 (1) nonhomestead residential real estate containing one unit, other than seasonal
90.6residential recreational property
, and;
90.7 (2) a single family dwelling, garage, and surrounding one acre of property on a
90.8nonhomestead farm classified under subdivision 23, paragraph (b)
.; and
90.9 (3) a condominium-type storage unit having an individual property identification number
90.10that is not used for a commercial purpose.
90.11 Class 4bb property has the same classification rates as class 1a property under subdivision
90.1222.
90.13 Property that has been classified as seasonal residential recreational property at
any time
90.14during which it has been owned by the current owner or spouse of the current owner
does
90.15not qualify for class 4bb.
90.16 (d) Class 4c property includes:
90.17 (1) except as provided in subdivision 22, paragraph (c), real and personal property
90.18devoted to commercial temporary and seasonal residential occupancy for recreation
purposes,
90.19for not more than 250 days in the year preceding the year of assessment. For purposes
of
90.20this clause, property is devoted to a commercial purpose on a specific day if any
portion of
90.21the property is used for residential occupancy, and a fee is charged for residential
occupancy.
90.22Class 4c property under this clause must contain three or more rental units. A "rental
unit"
90.23is defined as a cabin, condominium, townhouse, sleeping room, or individual camping
site
90.24equipped with water and electrical hookups for recreational vehicles. A camping pad
offered
90.25for rent by a property that otherwise qualifies for class 4c under this clause is
also class 4c
90.26under this clause regardless of the term of the rental agreement, as long as the use
of the
90.27camping pad does not exceed 250 days. In order for a property to be classified under
this
90.28clause, either (i) the business located on the property must provide recreational
activities,
90.29at least 40 percent of the annual gross lodging receipts related to the property must
be from
90.30business conducted during 90 consecutive days, and either (A) at least 60 percent
of all paid
90.31bookings by lodging guests during the year must be for periods of at least two consecutive
90.32nights; or (B) at least 20 percent of the annual gross receipts must be from charges
for
90.33providing recreational activities, or (ii) the business must contain 20 or fewer rental
units,
91.1and must be located in a township or a city with a population of 2,500 or less located
outside
91.2the metropolitan area, as defined under section
473.121, subdivision 2, that contains a portion
91.3of a state trail administered by the Department of Natural Resources. For purposes
of item
91.4(i)(A), a paid booking of five or more nights shall be counted as two bookings. Class
4c
91.5property also includes commercial use real property used exclusively for recreational
91.6purposes in conjunction with other class 4c property classified under this clause
and devoted
91.7to temporary and seasonal residential occupancy for recreational purposes, up to a
total of
91.8two acres, provided the property is not devoted to commercial recreational use for
more
91.9than 250 days in the year preceding the year of assessment and is located within two
miles
91.10of the class 4c property with which it is used. In order for a property to qualify
for
91.11classification under this clause, the owner must submit a declaration to the assessor
91.12designating the cabins or units occupied for 250 days or less in the year preceding
the year
91.13of assessment by January 15 of the assessment year. Those cabins or units and a proportionate
91.14share of the land on which they are located must be designated class 4c under this
clause
91.15as otherwise provided. The remainder of the cabins or units and a proportionate share
of
91.16the land on which they are located will be designated as class 3a. The owner of property
91.17desiring designation as class 4c property under this clause must provide guest registers
or
91.18other records demonstrating that the units for which class 4c designation is sought
were not
91.19occupied for more than 250 days in the year preceding the assessment if so requested.
The
91.20portion of a property operated as a (1) restaurant, (2) bar, (3) gift shop, (4) conference
center
91.21or meeting room, and (5) other nonresidential facility operated on a commercial basis
not
91.22directly related to temporary and seasonal residential occupancy for recreation purposes
91.23does not qualify for class 4c. For the purposes of this paragraph, "recreational activities"
91.24means renting ice fishing houses, boats and motors, snowmobiles, downhill or cross-country
91.25ski equipment; providing marina services, launch services, or guide services; or selling
bait
91.26and fishing tackle;
91.27 (2) qualified property used as a golf course if:
91.28 (i) it is open to the public on a daily fee basis. It may charge membership fees or
dues,
91.29but a membership fee may not be required in order to use the property for golfing,
and its
91.30green fees for golfing must be comparable to green fees typically charged by municipal
91.31courses; and
91.32 (ii) it meets the requirements of section
273.112, subdivision 3, paragraph (d).
91.33 A structure used as a clubhouse, restaurant, or place of refreshment in conjunction
with
91.34the golf course is classified as class 3a property;
92.1 (3) real property up to a maximum of three acres of land owned and used by a nonprofit
92.2community service oriented organization and not used for residential purposes on either
a
92.3temporary or permanent basis, provided that:
92.4 (i) the property is not used for a revenue-producing activity for more than six days
in
92.5the calendar year preceding the year of assessment; or
92.6 (ii) the organization makes annual charitable contributions and donations at least
equal
92.7to the property's previous year's property taxes and the property is allowed to be
used for
92.8public and community meetings or events for no charge, as appropriate to the size
of the
92.9facility.
92.10 For purposes of this clause:
92.11 (A) "charitable contributions and donations" has the same meaning as lawful gambling
92.12purposes under section
349.12, subdivision 25, excluding those purposes relating to the
92.13payment of taxes, assessments, fees, auditing costs, and utility payments;
92.14 (B) "property taxes" excludes the state general tax;
92.15 (C) a "nonprofit community service oriented organization" means any corporation,
92.16society, association, foundation, or institution organized and operated exclusively
for
92.17charitable, religious, fraternal, civic, or educational purposes, and which is exempt
from
92.18federal income taxation pursuant to section 501(c)(3), (8), (10), or (19) of the Internal
92.19Revenue Code; and
92.20 (D) "revenue-producing activities" shall include but not be limited to property or
that
92.21portion of the property that is used as an on-sale intoxicating liquor or 3.2 percent
malt
92.22liquor establishment licensed under chapter 340A, a restaurant open to the public,
bowling
92.23alley, a retail store, gambling conducted by organizations licensed under chapter
349, an
92.24insurance business, or office or other space leased or rented to a lessee who conducts
a
92.25for-profit enterprise on the premises.
92.26 Any portion of the property not qualifying under either item (i) or (ii) is class
3a. The
92.27use of the property for social events open exclusively to members and their guests
for periods
92.28of less than 24 hours, when an admission is not charged nor any revenues are received
by
92.29the organization shall not be considered a revenue-producing activity.
92.30 The organization shall maintain records of its charitable contributions and donations
92.31and of public meetings and events held on the property and make them available upon
92.32request any time to the assessor to ensure eligibility. An organization meeting the
requirement
92.33under item (ii) must file an application by May 1 with the assessor for eligibility
for the
93.1current year's assessment. The commissioner shall prescribe a uniform application
form
93.2and instructions;
93.3 (4) postsecondary student housing of not more than one acre of land that is owned
by a
93.4nonprofit corporation organized under chapter 317A and is used exclusively by a student
93.5cooperative, sorority, or fraternity for on-campus housing or housing located within
two
93.6miles of the border of a college campus;
93.7 (5)(i) manufactured home parks as defined in section
327.14, subdivision 3, excluding
93.8manufactured home parks described in
section 273.124, subdivision 3a items (ii) and (iii),
93.9and (ii) manufactured home parks as defined in section
327.14, subdivision 3, that are
93.10described in section
273.124, subdivision 3a, and (iii) class I manufactured home parks as
93.11defined in section 327C.01, subdivision 13;
93.12 (6) real property that is actively and exclusively devoted to indoor fitness, health,
social,
93.13recreational, and related uses, is owned and operated by a not-for-profit corporation,
and is
93.14located within the metropolitan area as defined in section
473.121, subdivision 2;
93.15 (7) a leased or privately owned noncommercial aircraft storage hangar not exempt under
93.16section
272.01, subdivision 2, and the land on which it is located, provided that:
93.17 (i) the land is on an airport owned or operated by a city, town, county, Metropolitan
93.18Airports Commission, or group thereof; and
93.19 (ii) the land lease, or any ordinance or signed agreement restricting the use of the
leased
93.20premise, prohibits commercial activity performed at the hangar.
93.21 If a hangar classified under this clause is sold after June 30, 2000, a bill of sale
must be
93.22filed by the new owner with the assessor of the county where the property is located
within
93.2360 days of the sale;
93.24 (8) a privately owned noncommercial aircraft storage hangar not exempt under section
93.25272.01, subdivision 2
, and the land on which it is located, provided that:
93.26 (i) the land abuts a public airport; and
93.27 (ii) the owner of the aircraft storage hangar provides the assessor with a signed
agreement
93.28restricting the use of the premises, prohibiting commercial use or activity performed
at the
93.29hangar; and
93.30 (9) residential real estate, a portion of which is used by the owner for homestead
purposes,
93.31and that is also a place of lodging, if all of the following criteria are met:
94.1 (i) rooms are provided for rent to transient guests that generally stay for periods
of 14
94.2or fewer days;
94.3 (ii) meals are provided to persons who rent rooms, the cost of which is incorporated
in
94.4the basic room rate;
94.5 (iii) meals are not provided to the general public except for special events on fewer
than
94.6seven days in the calendar year preceding the year of the assessment; and
94.7 (iv) the owner is the operator of the property.
94.8 The market value subject to the 4c classification under this clause is limited to
five rental
94.9units. Any rental units on the property in excess of five, must be valued and assessed
as
94.10class 3a. The portion of the property used for purposes of a homestead by the owner
must
94.11be classified as class 1a property under subdivision 22;
94.12 (10) real property up to a maximum of three acres and operated as a restaurant as
defined
94.13under section
157.15, subdivision 12, provided it: (i) is located on a lake as defined under
94.14section
103G.005, subdivision 15, paragraph (a), clause (3); and (ii) is either devoted to
94.15commercial purposes for not more than 250 consecutive days, or receives at least 60
percent
94.16of its annual gross receipts from business conducted during four consecutive months.
Gross
94.17receipts from the sale of alcoholic beverages must be included in determining the
property's
94.18qualification under item (ii). The property's primary business must be as a restaurant
and
94.19not as a bar. Gross receipts from gift shop sales located on the premises must be
excluded.
94.20Owners of real property desiring 4c classification under this clause must submit an
annual
94.21declaration to the assessor by February 1 of the current assessment year, based on
the
94.22property's relevant information for the preceding assessment year;
94.23(11) lakeshore and riparian property and adjacent land, not to exceed six acres, used
as
94.24a marina, as defined in section
86A.20, subdivision 5, which is made accessible to the public
94.25and devoted to recreational use for marina services. The marina owner must annually
provide
94.26evidence to the assessor that it provides services, including lake or river access
to the public
94.27by means of an access ramp or other facility that is either located on the property
of the
94.28marina or at a publicly owned site that abuts the property of the marina. No more
than 800
94.29feet of lakeshore may be included in this classification. Buildings used in conjunction
with
94.30a marina for marina services, including but not limited to buildings used to provide
food
94.31and beverage services, fuel, boat repairs, or the sale of bait or fishing tackle,
are classified
94.32as class 3a property; and
94.33(12) real and personal property devoted to noncommercial temporary and seasonal
94.34residential occupancy for recreation purposes.
95.1 Class 4c property has a classification rate of 1.5 percent of market value, except
that (i)
95.2each parcel of noncommercial seasonal residential recreational property under clause
(12)
95.3has the same classification rates as class 4bb property, (ii) manufactured home parks
assessed
95.4under clause (5), item (i), have the same classification rate as class 4b property,
and the
95.5market value of manufactured home parks assessed under clause (5), item (ii),
has have a
95.6classification rate of 0.75 percent if more than 50 percent of the lots in the park
are occupied
95.7by shareholders in the cooperative corporation or association and a classification
rate of
95.8one percent if 50 percent or less of the lots are so occupied,
and class I manufactured home
95.9parks as defined in section 327C.01, subdivision 13, have a classification rate of
1.0 percent,
95.10(iii) commercial-use seasonal residential recreational property and marina recreational
land
95.11as described in clause (11), has a classification rate of one percent for the first
$500,000 of
95.12market value, and 1.25 percent for the remaining market value, (iv) the market value
of
95.13property described in clause (4) has a classification rate of one percent, (v) the
market value
95.14of property described in clauses (2), (6), and (10) has a classification rate of 1.25
percent,
95.15and (vi) that portion of the market value of property in clause (9) qualifying for class
4c
95.16property has a classification rate of 1.25 percent
, and (vii) property qualifying for
95.17classification under clause (3) that is owned or operated by a congressionally chartered
95.18veterans organization has a classification rate of one percent. The commissioner of
veterans
95.19affairs must provide a list of congressionally chartered veterans organizations to
the
95.20commissioner of revenue by June 30, 2017, and by January 1, 2018, and each year thereafter.
95.21 (e) Class 4d property is qualifying low-income rental housing certified to the assessor
95.22by the Housing Finance Agency under section
273.128, subdivision 3. If only a portion of
95.23the units in the building qualify as low-income rental housing units as certified
under section
95.24273.128, subdivision 3
, only the proportion of qualifying units to the total number of units
95.25in the building qualify for class 4d. The remaining portion of the building shall
be classified
95.26by the assessor based upon its use. Class 4d also includes the same proportion of
land as
95.27the qualifying low-income rental housing units are to the total units in the building.
For all
95.28properties qualifying as class 4d, the market value determined by the assessor must
be based
95.29on the normal approach to value using normal unrestricted rents.
95.30 (f) The first tier of market value of class 4d property has a classification rate
of 0.75
95.31percent. The remaining value of class 4d property has a classification rate of 0.25
percent.
95.32For the purposes of this paragraph, the "first tier of market value of class 4d property"
means
95.33the market value of each housing unit up to the first tier limit. For the purposes
of this
95.34paragraph, all class 4d property value must be assigned to individual housing units.
The
95.35first tier limit is $100,000 for assessment year 2014. For subsequent years, the limit
is
96.1adjusted each year by the average statewide change in estimated market value of property
96.2classified as class 4a and 4d under this section for the previous assessment year,
excluding
96.3valuation change due to new construction, rounded to the nearest $1,000, provided,
however,
96.4that the limit may never be less than $100,000. Beginning with assessment year 2015,
the
96.5commissioner of revenue must certify the limit for each assessment year by November
1
96.6of the previous year.
96.7EFFECTIVE DATE.(a) Except as provided in paragraphs (b) and (c), this section is
96.8effective beginning with taxes assessed in 2017 and payable in 2018.
96.9(b) The amendment to paragraph (d), clause (5), and the amendment to item (ii) of
the
96.10unlettered paragraph after paragraph (d), clause (12), are effective for taxes payable
in 2019
96.11and thereafter, but only become effective if the class I manufactured home park program
96.12in chapter 327C is enacted during the 2017 legislative session.
96.13(c) The amendment to paragraph (c), clause (3), is effective beginning with taxes
payable
96.14in 2019.
96.15 Sec. 17. Minnesota Statutes 2016, section 273.13, subdivision 34, is amended to read:
96.16 Subd. 34.
Homestead of disabled veteran or family caregiver. (a) All or a portion of
96.17the market value of property owned by a veteran and serving as the veteran's homestead
96.18under this section is excluded in determining the property's taxable market value
if the
96.19veteran has a service-connected disability of 70 percent or more as certified by the
United
96.20States Department of Veterans Affairs. To qualify for exclusion under this subdivision,
the
96.21veteran must have been honorably discharged from the United States armed forces, as
96.22indicated by United States Government Form DD214 or other official military discharge
96.23papers.
96.24 (b)(1) For a disability rating of 70 percent or more, $150,000 of market value is
excluded,
96.25except as provided in clause (2); and
96.26 (2) for a total (100 percent) and permanent disability, $300,000 of market value is
96.27excluded.
96.28 (c) If a disabled veteran qualifying for a valuation exclusion under paragraph (b),
clause
96.29(2), predeceases the veteran's spouse, and if upon the death of the veteran the spouse
holds
96.30the legal or beneficial title to the homestead and permanently resides there, the
exclusion
96.31shall carry over to the benefit of the veteran's spouse for the current taxes payable
year and
96.32for eight additional taxes payable years or until such time as the spouse remarries,
or sells,
96.33transfers, or otherwise disposes of the property, whichever comes first. Qualification
under
97.1this paragraph requires an
annual application under paragraph (h)
, and a spouse must notify
97.2the assessor if there is a change in the spouse's marital status, ownership of the
property, or
97.3use of the property as a permanent residence.
97.4(d) If the spouse of a member of any branch or unit of the United States armed forces
97.5who dies due to a service-connected cause while serving honorably in active service,
as
97.6indicated on United States Government Form DD1300 or DD2064, holds the legal or
97.7beneficial title to a homestead and permanently resides there, the spouse is entitled
to the
97.8benefit described in paragraph (b), clause (2), for eight taxes payable years, or
until such
97.9time as the spouse remarries or sells, transfers, or otherwise disposes of the property,
97.10whichever comes first.
97.11(e) If a veteran meets the disability criteria of paragraph (a) but does not own property
97.12classified as homestead in the state of Minnesota, then the homestead of the veteran's
primary
97.13family caregiver, if any, is eligible for the exclusion that the veteran would otherwise
qualify
97.14for under paragraph (b).
97.15 (f) In the case of an agricultural homestead, only the portion of the property consisting
97.16of the house and garage and immediately surrounding one acre of land qualifies for
the
97.17valuation exclusion under this subdivision.
97.18 (g) A property qualifying for a valuation exclusion under this subdivision is not
eligible
97.19for the market value exclusion under subdivision 35, or classification under subdivision
22,
97.20paragraph (b).
97.21 (h) To qualify for a valuation exclusion under this subdivision a property owner must
97.22apply to the assessor by July 1
of each assessment year, except that an annual reapplication
97.23is not required once a property has been accepted for a valuation exclusion under
paragraph
97.24(a) and qualifies for the benefit described in paragraph (b), clause (2), and the
property
97.25continues to qualify until there is a change in ownership of the first assessment year for
97.26which the exclusion is sought. For an application received after July 1
of any calendar year,
97.27the exclusion shall become effective for the following assessment year.
Except as provided
97.28in paragraph (c), the owner of a property that has been accepted for a valuation exclusion
97.29must notify the assessor if there is a change in ownership of the property or in the
use of
97.30the property as a homestead.
97.31(i) A first-time application by a qualifying spouse for the market value exclusion
under
97.32paragraph (d) must be made any time within two years of the death of the service member.
97.33(j) For purposes of this subdivision:
98.1(1) "active service" has the meaning given in section
190.05;
98.2(2) "own" means that the person's name is present as an owner on the property deed;
98.3(3) "primary family caregiver" means a person who is approved by the secretary of
the
98.4United States Department of Veterans Affairs for assistance as the primary provider
of
98.5personal care services for an eligible veteran under the Program of Comprehensive
Assistance
98.6for Family Caregivers, codified as United States Code, title 38, section 1720G; and
98.7(4) "veteran" has the meaning given the term in section
197.447.
98.8(k)
If a veteran dying after December 31, 2011, did not apply for or receive the exclusion
98.9under paragraph (b), clause (2), before dying, the veteran's spouse is entitled to
the benefit
98.10under paragraph (b), clause (2), for eight taxes payable years or until the spouse
remarries
98.11or sells, transfers, or otherwise disposes of the property if:
98.12(1) the spouse files a first-time application within two years of the death of the
service
98.13member or by June 1, 2019, whichever is later;
98.14(2) upon the death of the veteran, the spouse holds the legal or beneficial title
to the
98.15homestead and permanently resides there;
98.16(3) the veteran met the honorable discharge requirements of paragraph (a); and
98.17(4) the United States Department of Veterans Affairs certifies that:
98.18(i) the veteran met the total (100 percent) and permanent disability requirement under
98.19paragraph (b), clause (2); or
98.20(ii) the spouse has been awarded dependency and indemnity compensation.
98.21(l) The purpose of this provision of law providing a level of homestead property tax
98.22relief for gravely disabled veterans, their primary family caregivers, and their surviving
98.23spouses is to help ease the burdens of war for those among our state's citizens who
bear
98.24those burdens most heavily.
98.25(m) By July 1, the county veterans service officer must certify the disability rating
and
98.26permanent address of each veteran receiving the benefit under paragraph (b) to the
assessor.
98.27EFFECTIVE DATE.This section is effective beginning with taxes payable in 2018,
98.28provided that, for taxes payable in 2018, the first-time application required under
paragraph
98.29(k) is due by August 1, 2017.
99.1 Sec. 18. Minnesota Statutes 2016, section 275.025, subdivision 1, is amended to read:
99.2 Subdivision 1.
Levy amount. The state general levy is levied against
99.3commercial-industrial property and seasonal residential recreational property, as
defined
99.4in this section. The state general levy
base amount is $592,000,000 for commercial-industrial
99.5property is $764,910,000 for taxes payable in
2002 2018 and thereafter.
For taxes payable
99.6in subsequent years, the levy base amount is increased each year by multiplying the
levy
99.7base amount for the prior year by the sum of one plus the rate of increase, if any,
in the
99.8implicit price deflator for government consumption expenditures and gross investment
for
99.9state and local governments prepared by the Bureau of Economic Analysts of the United
99.10States Department of Commerce for the 12-month period ending March 31 of the year
prior
99.11to the year the taxes are payable. The state general levy for seasonal-recreational property
99.12is $44,190,000 for taxes payable in 2018 and thereafter. The tax under this section is not
99.13treated as a local tax rate under section
469.177 and is not the levy of a governmental unit
99.14under chapters 276A and 473F.
99.15The commissioner shall increase or decrease the preliminary or final rate for a year
as
99.16necessary to account for errors and tax base changes that affected a preliminary or
final rate
99.17for either of the two preceding years. Adjustments are allowed to the extent that
the necessary
99.18information is available to the commissioner at the time the rates for a year must
be certified,
99.19and for the following reasons:
99.20(1) an erroneous report of taxable value by a local official;
99.21(2) an erroneous calculation by the commissioner; and
99.22(3) an increase or decrease in taxable value for commercial-industrial or seasonal
99.23residential recreational property reported on the abstracts of tax lists submitted
under section
99.24275.29
that was not reported on the abstracts of assessment submitted under section
270C.89
99.25for the same year.
99.26The commissioner may, but need not, make adjustments if the total difference in the
tax
99.27levied for the year would be less than $100,000.
99.28EFFECTIVE DATE.This section is effective for taxes payable in 2018 and thereafter.
99.29 Sec. 19. Minnesota Statutes 2016, section 275.025, subdivision 2, is amended to read:
99.30 Subd. 2.
Commercial-industrial tax capacity. For the purposes of this section,
99.31"commercial-industrial tax capacity" means the tax capacity of all taxable property
classified
99.32as class 3 or class 5(1) under section
273.13,
except for excluding: (i) the first tier of
99.33commercial-industrial net tax capacity as defined under section 273.13, subdivision
24, (ii)
100.1electric generation attached machinery under class 3
, and
(iii) property described in section
100.2473.625
. County commercial-industrial tax capacity amounts are not adjusted for the captured
100.3net tax capacity of a tax increment financing district under section
469.177, subdivision 2,
100.4the net tax capacity of transmission lines deducted from a local government's total
net tax
100.5capacity under section
273.425, or fiscal disparities contribution and distribution net tax
100.6capacities under chapter 276A or 473F.
100.7EFFECTIVE DATE.This section is effective beginning with taxes payable in 2018.
100.8 Sec. 20. Minnesota Statutes 2016, section 275.025, subdivision 4, is amended to read:
100.9 Subd. 4.
Apportionment and levy of state general tax. Ninety-five percent of The
100.10state general tax must be levied by applying a uniform rate to all commercial-industrial
tax
100.11capacity and
five percent of the state general tax must be levied by applying a uniform rate
100.12to all seasonal residential recreational tax capacity. On or before October 1 each
year, the
100.13commissioner of revenue shall certify the preliminary state general levy rates to
each county
100.14auditor that must be used to prepare the notices of proposed property taxes for taxes
payable
100.15in the following year. By January 1 of each year, the commissioner shall certify the
final
100.16state general levy
rate rates to each county auditor that shall be used in spreading taxes.
100.17EFFECTIVE DATE.This section is effective for taxes payable in 2018 and thereafter.
100.18 Sec. 21. Minnesota Statutes 2016, section 275.025, is amended by adding a subdivision
100.19to read:
100.20 Subd. 5. Underserved municipalities distribution. (a) Any municipality that:
100.21(1) lies wholly or partially within the metropolitan area as defined under section
473.121,
100.22subdivision 2, but outside the transit taxing district as defined under section 473.446,
100.23subdivision 2; and
100.24(2) has a net fiscal disparities contribution equal to or greater than eight percent
of its
100.25total taxable net tax capacity,
100.26is eligible for a distribution from the proceeds of the state general levy imposed
on taxpayers
100.27within the municipality.
100.28(b) The distribution is equal to (1) the municipality's net tax capacity tax rate,
times (2)
100.29the municipality's net fiscal disparities contribution in excess of eight percent
of its total
100.30taxable net tax capacity; provided, however, that the distribution may not exceed
the tax
100.31under this section imposed on taxpayers within the municipality. The amount of the
100.32distribution to each municipality must be determined by the commissioner of revenue
and
101.1certified to each affected municipality and county by September 1 of the year in which
taxes
101.2are payable.
101.3(c) The distribution under this subdivision must be paid to the qualifying municipality
101.4by the treasurer of the home county of the municipality by December 1 of the year
the taxes
101.5are payable. The amounts distributed under this subdivision must be deducted from
the
101.6settlement of the state general levy for the taxes payable year under section 276.112.
101.7(d) For purposes of this subdivision, the following terms have the meanings given.
101.8(1) "Municipality" means a home rule or statutory city, or a town, except that in
the case
101.9of a city that lies only partially within the metropolitan area, municipality means
the portion
101.10of the city lying within the metropolitan area.
101.11(2) "Net fiscal disparities contribution" means a municipality's fiscal disparities
101.12contribution tax capacity minus its distribution net tax capacity.
101.13(3) "Total taxable net tax capacity" means the total net tax capacity of all properties
in
101.14the municipality under section 273.13 minus (i) the net fiscal disparities contribution,
and
101.15(ii) the municipality's tax increment captured net tax capacity.
101.16EFFECTIVE DATE.This section is effective for taxes payable in 2018 and thereafter.
101.17 Sec. 22. Minnesota Statutes 2016, section 275.065, subdivision 1, is amended to read:
101.18 Subdivision 1.
Proposed levy. (a) Notwithstanding any law or charter to the contrary,
101.19on or before September 30, each county
and each, home rule charter or statutory city
, town,
101.20and special taxing district, excluding the Metropolitan Council and the Metropolitan
Mosquito
101.21Control Commission, shall certify to the county auditor the proposed property tax levy for
101.22taxes payable in the following year
. For towns, the final certified levy shall also be considered
101.23the proposed levy.
101.24 (b) Notwithstanding any law or charter to the contrary, on or before September 15,
each
101.25town and each special taxing district the Metropolitan Council and the Metropolitan Mosquito
101.26Control Commission shall adopt and certify to the county auditor a proposed property tax
101.27levy for taxes payable in the following year.
For towns, the final certified levy shall also be
101.28considered the proposed levy.
101.29 (c) On or before September 30, each school district that has not mutually agreed with
101.30its home county to extend this date shall certify to the county auditor the proposed
property
101.31tax levy for taxes payable in the following year. Each school district that has agreed
with
101.32its home county to delay the certification of its proposed property tax levy must
certify its
102.1proposed property tax levy for the following year no later than October 7. The school
district
102.2shall certify the proposed levy as:
102.3 (1) a specific dollar amount by school district fund, broken down between voter-approved
102.4and non-voter-approved levies and between referendum market value and tax capacity
102.5levies; or
102.6 (2) the maximum levy limitation certified by the commissioner of education according
102.7to section
126C.48, subdivision 1.
102.8 (d) If the board of estimate and taxation or any similar board that establishes maximum
102.9tax levies for taxing jurisdictions within a first class city certifies the maximum
property
102.10tax levies for funds under its jurisdiction by charter to the county auditor by the
date specified
102.11in paragraph (a), the city shall be deemed to have certified its levies for those
taxing
102.12jurisdictions.
102.13 (e) For purposes of this section, "special taxing district" means a special taxing
district
102.14as defined in section
275.066. Intermediate school districts that levy a tax under chapter
102.15124 or 136D, joint powers boards established under sections
123A.44 to
123A.446, and
102.16Common School Districts No. 323, Franconia, and No. 815, Prinsburg, are also special
102.17taxing districts for purposes of this section.
102.18(f) At the meeting at which a taxing authority, other than a town, adopts its proposed
102.19tax levy under this subdivision, the taxing authority shall announce the time and
place of
102.20its subsequent regularly scheduled meetings at which the budget and levy will be discussed
102.21and at which the public will be allowed to speak. The time and place of those meetings
must
102.22be included in the proceedings or summary of proceedings published in the official
newspaper
102.23of the taxing authority under section
123B.09,
375.12, or
412.191.
102.24EFFECTIVE DATE.This section is effective beginning with proposed levy
102.25certifications for taxes payable in 2018.
102.26 Sec. 23. Minnesota Statutes 2016, section 275.07, subdivision 1, is amended to read:
102.27 Subdivision 1.
Certification of levy. (a) Except as provided under paragraph (b), the
102.28taxes voted by cities, counties, school districts, and special districts shall be
certified by the
102.29proper authorities to the county auditor on or before five working days after December
20
102.30in each year. A town must certify the levy adopted by the town board to the county
auditor
102.31by September
15 30 each year. If the town board modifies the levy at a special town meeting
102.32after September
15 30, the town board must recertify its levy to the county auditor on or
102.33before five working days after December 20. If a city, town, county, school district,
or
103.1special district fails to certify its levy by that date, its levy shall be the amount
levied by it
103.2for the preceding year.
103.3(b)(i) The taxes voted by counties under sections
103B.241,
103B.245, and
103B.251
103.4shall be separately certified by the county to the county auditor on or before five
working
103.5days after December 20 in each year. The taxes certified shall not be reduced by the
county
103.6auditor by the aid received under section
273.1398, subdivision 3. If a county fails to certify
103.7its levy by that date, its levy shall be the amount levied by it for the preceding
year.
103.8(ii) For purposes of the proposed property tax notice under section
275.065 and the
103.9property tax statement under section
276.04, for the first year in which the county implements
103.10the provisions of this paragraph, the county auditor shall reduce the county's levy
for the
103.11preceding year to reflect any amount levied for water management purposes under clause
103.12(i) included in the county's levy.
103.13EFFECTIVE DATE.This section is effective beginning with proposed levy
103.14certifications for taxes payable in 2018.
103.15 Sec. 24. Minnesota Statutes 2016, section 276.017, subdivision 3, is amended to read:
103.16 Subd. 3.
United States Postal Service postmark Proof of timely payment. The
103.17postmark
or registration mark of the United States Postal Service qualifies as proof of timely
103.18mailing
for this section.
If the payment is sent by United States registered mail, the date of
103.19registration is the postmark date. If the payment is sent by United States certified
mail, the
103.20date of the United States Postal Service postmark on the receipt given to the person
presenting
103.21the payment for delivery is the date of mailing. Mailing, or the time of mailing, may also
103.22be established by
a delivery service's records or other available evidence
except that. The
103.23postmark of a private postage meter
or an electronic stamp purchased online may not be
103.24used as proof of a timely mailing made under this section.
103.25EFFECTIVE DATE.This section is effective the day following final enactment.
103.26 Sec. 25. Minnesota Statutes 2016, section 279.01, subdivision 1, is amended to read:
103.27 Subdivision 1.
Due dates; penalties. Except as provided in subdivisions 3 to 5, on May
103.2816 or 21 days after the postmark date on the envelope containing the property tax
statement,
103.29whichever is later, a penalty accrues and thereafter is charged upon all unpaid taxes
on real
103.30estate on the current lists in the hands of the county treasurer. The (a) When the taxes against
103.31any tract or lot exceed $100, one-half of the amount of tax due must be paid prior
to May
103.3216, and the remaining one-half must be paid prior to the following October 16. If
either tax
104.1amount is unpaid as of its due date, a penalty is
imposed at a rate of two percent on homestead
104.2property
until May 31 and four
percent on nonhomestead property. If complete payment
104.3has not been made by the first day of the month following either due date, an additional
104.4penalty of two percent on
June 1. The penalty on nonhomestead property is at a rate of four
104.5percent until May 31 homestead property and
eight four percent on
June 1. This penalty
104.6does not accrue until June 1 of each year, or 21 days after the postmark date on the
envelope
104.7containing the property tax statements, whichever is later, on commercial use real
property
104.8used for seasonal residential recreational purposes and classified as class 1c or
4c, and on
104.9other commercial use real property classified as class 3a, provided that over 60 percent
of
104.10the gross income earned by the enterprise on the class 3a property is earned during
the
104.11months of May, June, July, and August. In order for the first half of the tax due
on class 3a
104.12property to be paid after May 15 and before June 1, or 21 days after the postmark
date on
104.13the envelope containing the property tax statement, whichever is later, without penalty,
the
104.14owner of the property must attach an affidavit to the payment attesting to compliance
with
104.15the income provision of this subdivision nonhomestead property is imposed. Thereafter,
104.16for both homestead and nonhomestead property, on the first day of each
subsequent month
104.17beginning July 1, up to and including October 1 following through December, an additional
104.18penalty of one percent for each month accrues and is charged on all such unpaid taxes
104.19provided that
if the due date was extended beyond May 15 as the result of any delay in
104.20mailing property tax statements no additional penalty shall accrue if the tax is paid
by the
104.21extended due date. If the tax is not paid by the extended due date, then all penalties
that
104.22would have accrued if the due date had been May 15 shall be charged. When the taxes
104.23against any tract or lot exceed $100, one-half thereof may be paid prior to May 16
or 21
104.24days after the postmark date on the envelope containing the property tax statement,
whichever
104.25is later; and, if so paid, no penalty attaches; the remaining one-half may be paid
at any time
104.26prior to October 16 following, without penalty; but, if not so paid, then a penalty
of two
104.27percent accrues thereon for homestead property and a penalty of four percent on
104.28nonhomestead property. Thereafter, for homestead property, on the first day of November
104.29an additional penalty of four percent accrues and on the first day of December following,
104.30an additional penalty of two percent accrues and is charged on all such unpaid taxes.
104.31Thereafter, for nonhomestead property, on the first day of November and December
104.32following, an additional penalty of four percent for each month accrues and is charged
on
104.33all such unpaid taxes. If one-half of such taxes are not paid prior to May 16 or 21
days after
104.34the postmark date on the envelope containing the property tax statement, whichever
is later,
104.35the same may be paid at any time prior to October 16, with accrued penalties to the
date of
104.36payment added, and thereupon no penalty attaches to the remaining one-half until October
105.116 following the penalty must not exceed eight percent in the case of homestead property,
105.2or 12 percent in the case of nonhomestead property.
105.3(b) If the property tax statement was not postmarked prior to April 25, the first
half
105.4payment due date in paragraph (a) shall be 21 days from the postmark date of the property
105.5tax statement, and all penalties referenced in paragraph (a) shall be determined with
regard
105.6to the later due date.
105.7(c) In the case of a tract or lot with taxes of $100 or less, the due date and penalties
as
105.8specified in paragraph (a) or (b) for the first half payment shall apply to the entire
amount
105.9of the tax due.
105.10(d) For commercial use real property used for seasonal residential recreational purposes
105.11and classified as class 1c or 4c, and on other commercial use real property classified
as class
105.123a, provided that over 60 percent of the gross income earned by the enterprise on
the class
105.133a property is earned during the months of May, June, July, and August, the first
half
105.14payment is due prior to June 1. For a class 3a property to qualify for the later due
date, the
105.15owner of the property must attach an affidavit to the payment attesting to compliance
with
105.16the income requirements of this paragraph.
105.17 (e) This section applies to payment of personal property taxes assessed against
105.18improvements to leased property, except as provided by section
277.01, subdivision 3.
105.19 (f) A county may provide by resolution that in the case of a property owner that has
105.20multiple tracts or parcels with aggregate taxes exceeding $100, payments may be made
in
105.21installments as provided in this subdivision.
105.22 (g) The county treasurer may accept payments of more or less than the exact amount of
105.23a tax installment due. Payments must be applied first to the oldest installment that
is due
105.24but which has not been fully paid. If the accepted payment is less than the amount
due,
105.25payments must be applied first to the penalty accrued for the year or the installment
being
105.26paid. Acceptance of partial payment of tax does not constitute a waiver of the minimum
105.27payment required as a condition for filing an appeal under section
278.03 or any other law,
105.28nor does it affect the order of payment of delinquent taxes under section
280.39.
105.29EFFECTIVE DATE.This section is effective beginning with taxes payable in 2018.
105.30 Sec. 26. Minnesota Statutes 2016, section 279.01, subdivision 2, is amended to read:
105.31 Subd. 2.
Abatement of penalty. (a) The county board may, with the concurrence of the
105.32county treasurer, delegate to the county treasurer the power to abate the penalty
provided
105.33for late payment of taxes in the current year. Notwithstanding section
270C.86, if any county
106.1board so elects, the county treasurer may abate the penalty on finding that the imposition
106.2of the penalty would be unjust and unreasonable.
106.3(b) The county treasurer shall abate the penalty provided for late payment of taxes
in
106.4the current year if the property tax payment is delivered by mail to the county treasurer
and
106.5the envelope containing the payment is postmarked by the United States Postal Service
106.6within one business day of the due date prescribed under this section, but only if
the property
106.7owner requesting the abatement has not previously received an abatement of penalty
for
106.8late payment of tax under this paragraph.
106.9EFFECTIVE DATE.This section is effective for property taxes payable in 2018 and
106.10thereafter.
106.11 Sec. 27. Minnesota Statutes 2016, section 279.01, subdivision 3, is amended to read:
106.12 Subd. 3.
Agricultural property. (a) In the case of class 1b agricultural homestead, class
106.132a agricultural homestead property,
and class 2a agricultural nonhomestead property,
and
106.14class 2b rural vacant land that is part of an agricultural homestead, no penalties shall attach
106.15to the second one-half property tax payment as provided in this section if paid by
November
106.1615. Thereafter
for class 1b agricultural homestead and class 2a homestead property, on
106.17November 16 following, a penalty of six percent shall accrue and be charged on all
such
106.18unpaid taxes and on December 1 following, an additional two percent shall be charged
on
106.19all such unpaid taxes. Thereafter for class 2a agricultural nonhomestead property,
on
106.20November 16 following, a penalty of eight percent shall accrue and be charged on all
such
106.21unpaid taxes and on December 1 following, an additional four percent shall be charged
on
106.22all such unpaid taxes, penalties shall attach as provided in subdivision 1.
106.23If the owner of class 1b agricultural homestead or class 2a agricultural property
receives
106.24a consolidated property tax statement that shows only an aggregate of the taxes and
special
106.25assessments due on that property and on other property not classified as class 1b
agricultural
106.26homestead or class 2a agricultural property, the aggregate tax and special assessments
shown
106.27due on the property by the consolidated statement will be due on November 15.
106.28(b) Notwithstanding paragraph (a), for taxes payable in 2010 and 2011, for any class
2b
106.29property that was subject to a second-half due date of November 15 for taxes payable
in
106.302009, the county shall not impose, or if imposed, shall abate penalty amounts in excess
of
106.31those that would apply as if the second-half due date were November 15.
106.32EFFECTIVE DATE.(a) Except as provided in paragraph (b), this section is effective
106.33beginning with taxes payable in 2018.
107.1(b) The provisions in this section applicable to class 2b rural vacant land are effective
107.2beginning with taxes payable in 2019.
107.3 Sec. 28. Minnesota Statutes 2016, section 279.37, is amended by adding a subdivision to
107.4read:
107.5 Subd. 1b. Conditions. The county auditor may offer on a voluntary basis financial
107.6literacy counseling as part of entering into a confession of judgment. The county
auditor
107.7may fund the financial literacy counseling using the fee in subdivision 8. The counseling
107.8shall not be at taxpayer expense.
107.9EFFECTIVE DATE.This section is effective the day following final enactment.
107.10 Sec. 29. Minnesota Statutes 2016, section 281.17, is amended to read:
107.11281.17 PERIOD FOR OF REDEMPTION.
107.12(a) Except for properties
described in paragraphs (b) and (c), or properties for which the
107.13period of redemption has been limited under sections
281.173 and
281.174, the
following
107.14periods for period of redemption
apply.
107.15The period of redemption for
all lands sold to the state at a tax judgment sale shall be
107.16three years from the date of sale to the state of Minnesota.
107.17The period of redemption for homesteaded lands as defined in section
273.13, subdivision
107.1822
, located in a targeted neighborhood as defined in Laws 1987, chapter 386, article
6,
107.19section 4, and sold to the state at a tax judgment sale is three years from the date
of sale.
107.20(b) The period of redemption for all lands located in a targeted
neighborhood community
107.21as defined in
Laws 1987, chapter 386, article 6, section 4 section 469.201, subdivision 10,
107.22except homesteaded lands as defined in section
273.13, subdivision 22, is one year from
107.23the date of sale.
107.24(c) The period of redemption for all real property constituting a mixed municipal solid
107.25waste disposal facility that is a qualified facility under section
115B.39, subdivision 1, is
107.26one year from the date of the sale to the state of Minnesota.
107.27(d) In determining the period of redemption, the county must use the property's
107.28classification and homestead classification for the assessment year on which the tax
judgment
107.29is based. Any change in the property's classification or homestead classification
after the
107.30assessment year on which the tax judgment is based does not affect the period of redemption.
108.1EFFECTIVE DATE.This section is effective for tax judgment sales occurring after
108.2January 1, 2018.
108.3 Sec. 30. Minnesota Statutes 2016, section 281.173, subdivision 2, is amended to read:
108.4 Subd. 2.
Summons and complaint. Any city,
county, housing and redevelopment
108.5authority, port authority, or economic development authority, in which the premises
are
108.6located may commence an action in district court to reduce the period otherwise allowed
108.7for redemption under this chapter. The action must be commenced by the filing of a
108.8complaint, naming as defendants the record fee owners or the owner's personal representative,
108.9or the owner's heirs as determined by a court of competent jurisdiction, contract
for deed
108.10purchasers, mortgagees, assigns of any of the above, the taxpayers as shown on the
records
108.11of the county auditor, the Internal Revenue Service of the United States and the Revenue
108.12Department of the state of Minnesota if tax liens against the owners or contract for
deed
108.13purchasers have been recorded or filed; and any other person the plaintiff determines
should
108.14be made a party. The action shall be filed in district court for the county in which
the premises
108.15are located. The complaint must identify the premises by legal description. The complaint
108.16must allege (1) that the premises are abandoned, (2) that the tax judgment sale pursuant
to
108.17section
280.01 has been made, and (3) notice of expiration of the time for redemption has
108.18not been given.
108.19The complaint must request an order reducing the redemption period to five weeks.
108.20When the complaint has been filed, the court shall issue a summons commanding the
person
108.21or persons named in the complaint to appear before the court on a day and at a place
stated
108.22in the summons. The appearance date shall be not less than 15 nor more than 25 days
from
108.23the date of the issuing of the summons. A copy of the filed complaint must be attached
to
108.24the summons.
108.25EFFECTIVE DATE.This section is effective the day following final enactment.
108.26 Sec. 31. Minnesota Statutes 2016, section 281.174, subdivision 3, is amended to read:
108.27 Subd. 3.
Summons and complaint. Any city,
county, housing and redevelopment
108.28authority, port authority, or economic development authority in which the property
is located
108.29may commence an action in district court to reduce the period otherwise allowed for
108.30redemption under this chapter from the date of the requested order. The action must
be
108.31commenced by the filing of a complaint, naming as defendants the record fee owners
or the
108.32owner's personal representative, or the owner's heirs as determined by a court of
competent
108.33jurisdiction, contract for deed purchasers, mortgagees, assigns of any of the above,
the
109.1taxpayers as shown on the records of the county auditor, the Internal Revenue Service
of
109.2the United States and the revenue department of the state of Minnesota if tax liens
against
109.3the owners or contract for deed purchasers have been recorded or filed, and any other
person
109.4the plaintiff determines should be made a party. The action shall be filed in district
court
109.5for the county in which the property is located. The complaint must identify the property
109.6by legal description. The complaint must allege (1) that the property is vacant, (2)
that the
109.7tax judgment sale under section
280.01 has been made, and (3) notice of expiration of the
109.8time for redemption has not been given.
109.9The complaint must request an order reducing the redemption period to five weeks.
109.10When the complaint has been filed, the court shall issue a summons commanding the
person
109.11or persons named in the complaint to appear before the court on a day and at a place
stated
109.12in the summons. The appearance date shall be not less than 15 nor more than 25 days
from
109.13the date of the issuing of the summons, except that, when the United States of America
is
109.14a party, the date shall be set in accordance with applicable federal law. A copy of
the filed
109.15complaint must be attached to the summons.
109.16EFFECTIVE DATE.This section is effective the day following final enactment.
109.17 Sec. 32.
[281.231] MAINTENANCE; EXPENDITURE OF PUBLIC FUNDS.
109.18If the county auditor provides notice as required by section 281.23, the state, agency,
109.19political subdivision, or other entity that becomes the fee owner or manager of a
property
109.20as a result of forfeiture due to nonpayment of real property taxes is not required
to expend
109.21public funds to maintain any servitude, agreement, easement, or other encumbrance
affecting
109.22the property. The fee owner or manager of a property may, at its discretion, spend
public
109.23funds necessary for the maintenance, security, or management of the property.
109.24EFFECTIVE DATE.This section is effective the day following final enactment.
109.25 Sec. 33.
[281.70] LIMITED RIGHT OF ENTRY.
109.26 Subdivision 1. Limited right of entry. If premises described in a real estate tax judgment
109.27sale are vacant or unoccupied, the county auditor or a person acting on behalf of
the county
109.28auditor may, but is not obligated to, enter the premises to protect the premises from
waste
109.29or trespass until the county auditor is notified that the premises are occupied. An
affidavit
109.30of the sheriff, the county auditor, or a person acting on behalf of the county auditor
describing
109.31the premises and stating that the premises are vacant and unoccupied is prima facie
evidence
109.32of the facts stated in the affidavit. If the affidavit contains a legal description
of the premises,
110.1the affidavit may be recorded in the office of the county recorder or the registrar
of titles in
110.2the county where the premises are located.
110.3 Subd. 2. Authorized actions. (a) The county auditor may take one or more of the
110.4following actions to protect the premises from waste or trespass:
110.5(1) install or change locks on doors and windows;
110.6(2) board windows; and
110.7(3) other actions to prevent or minimize damage to the premises from the elements,
110.8vandalism, trespass, or other illegal activities.
110.9(b) If the county auditor installs or changes locks on premises under paragraph (a),
the
110.10county auditor must promptly deliver a key to the premises to the taxpayer or any
person
110.11lawfully claiming a right of occupancy upon request.
110.12 Subd. 3. Costs. Costs incurred by the county auditor in protecting the premises from
110.13waste or trespass under this section may be added to the delinquent taxes due. The
costs
110.14may bear interest to the extent provided, and interest may be added to the delinquent
taxes
110.15due.
110.16 Subd. 4. Scope. The actions authorized under this section are in addition to, and do not
110.17limit or replace, any other rights or remedies available to the county auditor under
Minnesota
110.18law.
110.19EFFECTIVE DATE.This section is effective the day following final enactment.
110.20 Sec. 34. Minnesota Statutes 2016, section 282.01, subdivision 4, is amended to read:
110.21 Subd. 4.
Sale:; method,; requirements,; effects. (a) The sale authorized under
110.22subdivision 3 must be conducted by the county auditor at the county seat of the county
in
110.23which the parcels lie, except that in St. Louis and Koochiching Counties, the sale
may be
110.24conducted in any county facility within the county. The sale must not be for less
than the
110.25appraised value except as provided in subdivision 7a. The parcels must be sold for
cash
110.26only, unless the county board of the county has adopted a resolution providing for
their sale
110.27on terms, in which event the resolution controls with respect to the sale. When the
sale is
110.28made on terms other than for cash only (1) a payment of at least ten percent of the
purchase
110.29price must be made at the time of purchase, and the balance must be paid in no more
than
110.30ten equal annual installments, or (2) the payments must be made in accordance with
county
110.31board policy, but in no event may the board require more than 12 installments annually,
110.32and the contract term must not be for more than ten years. Standing timber or timber
products
111.1must not be removed from these lands until an amount equal to the appraised value
of all
111.2standing timber or timber products on the lands at the time of purchase has been paid
by
111.3the purchaser. If a parcel of land bearing standing timber or timber products is sold
at public
111.4auction for more than the appraised value, the amount bid in excess of the appraised
value
111.5must be allocated between the land and the timber in proportion to their respective
appraised
111.6values. In that case, standing timber or timber products must not be removed from
the land
111.7until the amount of the excess bid allocated to timber or timber products has been
paid in
111.8addition to the appraised value of the land. The purchaser is entitled to immediate
possession,
111.9subject to the provisions of any existing valid lease made in behalf of the state.
111.10(b) For sales occurring on or after July 1, 1982, the unpaid balance of the purchase price
111.11is subject to interest at the rate determined pursuant to section
549.09. The unpaid balance
111.12of the purchase price for sales occurring after December 31, 1990, is subject to interest
at
111.13the rate determined in section
279.03, subdivision 1a. The interest rate is subject to change
111.14each year on the unpaid balance in the manner provided for rate changes in section
549.09
111.15or
279.03, subdivision 1a, whichever, is applicable. Interest on the unpaid contract balance
111.16on sales occurring before July 1, 1982, is payable at the rate applicable to the sale
at the
111.17time that the sale occurred.
111.18(c) Notwithstanding subdivision 7, a county board may by resolution provide for the
111.19listing and sale of individual parcels by other means, including through a real estate
broker.
111.20However, if the buyer under this paragraph could have repurchased a parcel of property
111.21under section 282.012 or 282.241, that buyer may not purchase that same parcel of
property
111.22at the sale under this subdivision for a purchase price less than the sum of all taxes,
111.23assessments, penalties, interest, and costs due at the time of forfeiture computed
under
111.24section 282.251, and any special assessments for improvements certified as of the
date of
111.25sale. This subdivision shall be liberally construed to encourage the sale and utilization
of
111.26tax-forfeited land in order to eliminate nuisances and dangerous conditions and to
increase
111.27compliance with land use ordinances.
111.28EFFECTIVE DATE.This section is effective the day following final enactment.
111.29 Sec. 35. Minnesota Statutes 2016, section 282.01, is amended by adding a subdivision to
111.30read:
111.31 Subd. 13. Online auction. A county board, or a county auditor if the auditor has been
111.32delegated such authority under section 282.135, may sell tax-forfeited lands through
an
111.33online auction. When an online auction is used to sell tax-forfeited lands, the county
auditor
111.34shall post a physical notice of the online auction and shall publish a notice of the
online
112.1auction on its Web site not less than ten days before the online auction begins, in
addition
112.2to any other notice required.
112.3EFFECTIVE DATE.This section is effective for sales of tax-forfeited property that
112.4occur on or after August 1, 2017.
112.5 Sec. 36. Minnesota Statutes 2016, section 282.016, is amended to read:
112.6282.016 PROHIBITED PURCHASERS.
112.7(a) A county auditor, county treasurer, county attorney, court administrator of the
district
112.8court, county assessor, supervisor of assessments, deputy or clerk or an employee
of such
112.9officer, a commissioner for tax-forfeited lands or an assistant to such commissioner,
must
112.10not become a purchaser, either personally or as an agent or attorney for another person,
of
112.11the properties offered for sale under the provisions of this chapter in the county
for which
112.12the person performs duties.
A person prohibited from purchasing property under this section
112.13must not directly or indirectly have another person purchase it on behalf of the prohibited
112.14purchaser for the prohibited purchaser's benefit or gain.
112.15(b) Notwithstanding paragraph (a), such officer, deputy, clerk, or employee or
112.16commissioner for tax-forfeited lands or assistant to such commissioner may (1) purchase
112.17lands owned by that official at the time the state became the absolute owner thereof
or (2)
112.18bid upon and purchase forfeited property offered for sale under the alternate sale
procedure
112.19described in section
282.01, subdivision 7a.
112.20(c) In addition to the persons identified in paragraph (a), a county auditor may prohibit
112.21other persons and entities from becoming a purchaser, either personally or as an agent
or
112.22attorney for another person or entity, of the properties offered for sale under this
chapter in
112.23the following circumstances: (1) the person or entity owns another property within
the
112.24county for which there are delinquent taxes owing; (2) the person or entity has held
a rental
112.25license in the county and the license has been revoked within the last five years;
or (3) the
112.26person or entity has been the vendee of a contract for purchase of a property offered
for sale
112.27under this chapter, which contract has been canceled within the last five years.
112.28(d) A person prohibited from purchasing property under this section must not directly
112.29or indirectly have another person purchase it on behalf of the prohibited purchaser
for the
112.30prohibited purchaser's benefit or gain.
112.31EFFECTIVE DATE.This section is effective the day following final enactment.
113.1 Sec. 37. Minnesota Statutes 2016, section 282.018, subdivision 1, is amended to read:
113.2 Subdivision 1.
Land on or adjacent to public waters. (a) All land which is the property
113.3of the state as a result of forfeiture to the state for nonpayment of taxes, regardless
of whether
113.4the land is held in trust for taxing districts, and which borders on or is adjacent
to meandered
113.5lakes and other public waters and watercourses, and the live timber growing or being
thereon,
113.6is hereby withdrawn from sale except as hereinafter provided. The authority having
113.7jurisdiction over the timber on any such lands may sell the timber as otherwise provided
by
113.8law for cutting and removal under such conditions as the authority may prescribe in
113.9accordance with approved, sustained yield forestry practices. The authority having
jurisdiction
113.10over the timber shall reserve such timber and impose such conditions as the authority
deems
113.11necessary for the protection of watersheds, wildlife habitat, shorelines, and scenic
features.
113.12Within the area in Cook, Lake, and St. Louis counties described in the Act of Congress
113.13approved July 10, 1930 (46 Stat. 1020), the timber on tax-forfeited lands shall be
subject
113.14to like restrictions as are now imposed by that act on federal lands.
113.15(b) Of all tax-forfeited land bordering on or adjacent to meandered lakes and other
public
113.16waters and watercourses and so withdrawn from sale, a strip two rods in width, the
ordinary
113.17high-water mark being the waterside boundary thereof, and the land side boundary thereof
113.18being a line drawn parallel to the ordinary high-water mark and two rods distant landward
113.19therefrom, hereby is reserved for public travel thereon, and whatever the conformation
of
113.20the shore line or conditions require, the authority having jurisdiction over such
lands shall
113.21reserve a wider strip for such purposes.
113.22(c) Any tract or parcel of land which has 150 feet or less of waterfront may be sold
by
113.23the authority having jurisdiction over the land, in the manner otherwise provided
by law
113.24for the sale of such lands, if the authority determines that it is in the public interest
to do
113.25so. If the authority having jurisdiction over the land is not the commissioner of
natural
113.26resources, the land may not be offered for sale without the prior approval of the
commissioner
113.27of natural resources.
113.28(d) Where the authority having jurisdiction over lands withdrawn from sale under this
113.29section is not the commissioner of natural resources, the authority may submit proposals
113.30for disposition of the lands to the commissioner. The commissioner of natural resources
113.31shall evaluate the lands and their public benefits and make recommendations on the
proposed
113.32dispositions to the committees of the legislature with jurisdiction over natural resources.
113.33The commissioner shall include any recommendations of the commissioner for disposition
113.34of lands withdrawn from sale under this section over which the commissioner has jurisdiction.
113.35The commissioner's recommendations may include a public sale, sale to a private party,
114.1acquisition by the Department of Natural Resources for public purposes, or a cooperative
114.2management agreement with, or transfer to, another unit of government.
114.3(e) Notwithstanding this subdivision, a county may sell property governed by this
section
114.4upon written authorization from the commissioner of natural resources. Prior to the
sale or
114.5conveyance of lands under this subdivision, the county board must give notice of its
intent
114.6to meet for that purpose as provided in section 282.01, subdivision 1.
114.7EFFECTIVE DATE.This section is effective the day following final enactment.
114.8 Sec. 38. Minnesota Statutes 2016, section 282.02, is amended to read:
114.9282.02 LIST OF LANDS FOR SALE; NOTICE; ONLINE AUCTIONS
114.10PERMITTED.
114.11(a) Immediately after classification and appraisal of the land, and after approval by
the
114.12commissioner of natural resources when required pursuant to section
282.01, subdivision
114.133
, the county board shall provide and file with the county auditor a list of parcels
of land to
114.14be offered for sale. This list shall contain a description of the parcels of land
and the appraised
114.15value thereof. The auditor shall publish a notice of the intended public sale of such
parcels
114.16of land and a copy of the resolution of the county board fixing the terms of the sale,
if other
114.17than for cash only, by publication once a week for two weeks in the official newspaper
of
114.18the county, the last publication to be not less than ten days previous to the commencement
114.19of the sale.
114.20(b) The notice shall include the parcel's description and appraised value. The notice
shall
114.21also indicate the amount of any special assessments which may be the subject of a
114.22reassessment or new assessment or which may result in the imposition of a fee or charge
114.23pursuant to sections
429.071, subdivision 4,
435.23, and
444.076. The county auditor shall
114.24also mail notice to the owners of land adjoining the parcel to be sold. For purposes
of this
114.25section, "owner" means the taxpayer as listed in the records of the county auditor.
114.26(c) If the county board
of St. Louis or Koochiching Counties determines that the sale
114.27shall take place in a county facility other than the courthouse, the notice shall
specify the
114.28facility and its location.
If the county board determines that the sale shall take place as an
114.29online auction under section 282.01, subdivision 13, the notice shall specify the
auction
114.30Web site and the date of the auction.
114.31EFFECTIVE DATE.This section is effective for sales of tax-forfeited property that
114.32occur on or after August 1, 2017.
115.1 Sec. 39. Minnesota Statutes 2016, section 282.04, subdivision 2, is amended to read:
115.2 Subd. 2.
Rights before sale; improvements, insurance, demolition. (a) Before the
115.3sale of a parcel of forfeited land the county auditor may, with the approval of the
county
115.4board of commissioners, provide for the repair and improvement of any building or
structure
115.5located upon the parcel, and may provide for maintenance of tax-forfeited lands, if
it is
115.6determined by the county board that such repairs, improvements, or maintenance are
115.7necessary for the operation, use, preservation, and safety of the building or structure.
115.8(b) If so authorized by the county board, the county auditor may insure the building
or
115.9structure against loss or damage resulting from fire or windstorm, may purchase workers'
115.10compensation insurance to insure the county against claims for injury to the persons
employed
115.11in the building or structure by the county, and may insure the county, its officers
and
115.12employees against claims for injuries to persons or property because of the management,
115.13use, or operation of the building or structure.
115.14(c) The county auditor may, with the approval of the county board, provide:
115.15(1) for the demolition of the building or structure, which has been determined by
the
115.16county board to be especially liable to fire or so situated as to endanger life or
limb or other
115.17buildings or property in the vicinity because of age, dilapidated condition, defective
chimney,
115.18defective electric wiring, any gas connection, heating apparatus, or other defect;
and
115.19(2) for the sale of salvaged materials from the building or structure.
115.20(d)
Notwithstanding any law to the contrary, the county auditor, with the approval of
115.21the county board, may provide for the sale
of abandoned personal property. The or disposal
115.22of personal property remaining after the certificate under section 281.23, subdivision
9, has
115.23been recorded. The county auditor must make reasonable efforts to provide at least
28 days'
115.24notice of the sale or disposal to the former owner, taxpayer, and any occupants at
the time
115.25of forfeiture. A sale may be made by the sheriff using the procedures for the sale of
115.26abandoned property in section
345.15 or by the county auditor using
the procedures for the
115.27sale of abandoned property in section
504B.271 a sale procedure approved by the county
115.28board. A county may contract with a third party to assist with removal, disposal,
or sale of
115.29personal property. The net proceeds from any sale of the personal property, salvaged
115.30materials, timber or other products, or leases made under this law must be deposited
in the
115.31forfeited tax sale fund and must be distributed in the same manner as if the parcel
had been
115.32sold.
115.33(e) The county auditor, with the approval of the county board, may provide for the
115.34demolition of any structure on tax-forfeited lands, if in the opinion of the county
board, the
116.1county auditor, and the land commissioner, if there is one, the sale of the land with
the
116.2structure on it, or the continued existence of the structure by reason of age, dilapidated
116.3condition or excessive size as compared with nearby structures, will result in a material
116.4lessening of net tax capacities of real estate in the vicinity of the tax-forfeited
lands, or if
116.5the demolition of the structure or structures will aid in disposing of the tax-forfeited
property.
116.6(f) Before the sale of a parcel of forfeited land located in an urban area, the county
auditor
116.7may with the approval of the county board provide for the grading of the land by filling
or
116.8the removal of any surplus material from it. If the physical condition of forfeited
lands is
116.9such that a reasonable grading of the lands is necessary for the protection and preservation
116.10of the property of any adjoining owner, the adjoining property owner or owners may
apply
116.11to the county board to have the grading done. If, after considering the application,
the county
116.12board believes that the grading will enhance the value of the forfeited lands commensurate
116.13with the cost involved, it may approve it, and the work must be performed under the
116.14supervision of the county or city engineer, as the case may be, and the expense paid
from
116.15the forfeited tax sale fund.
116.16EFFECTIVE DATE.This section is effective the day following final enactment.
116.17 Sec. 40. Minnesota Statutes 2016, section 282.241, subdivision 1, is amended to read:
116.18 Subdivision 1.
Repurchase requirements. The owner at the time of forfeiture, or the
116.19owner's heirs, devisees, or representatives, or any person to whom the right to pay
taxes
116.20was given by statute, mortgage, or other agreement, may repurchase any parcel of land
116.21claimed by the state to be forfeited to the state for taxes unless before the time
repurchase
116.22is made the parcel is sold under installment payments, or otherwise, by the state
as provided
116.23by law, or is under mineral prospecting permit or lease, or proceedings have been
commenced
116.24by the state or any of its political subdivisions or by the United States to condemn
the parcel
116.25of land. The parcel of land may be repurchased for the sum of all delinquent taxes
and
116.26assessments computed under section
282.251, together with penalties, interest, and costs,
116.27that accrued or would have accrued if the parcel of land had not forfeited to the
state. Except
116.28for property which was homesteaded on the date of forfeiture, repurchase is permitted
during
116.29one year six months only from the date of forfeiture, and in any case only after the adoption
116.30of a resolution by the board of county commissioners determining that by repurchase
undue
116.31hardship or injustice resulting from the forfeiture will be corrected, or that permitting
the
116.32repurchase will promote the use of the lands that will best serve the public interest.
If the
116.33county board has good cause to believe that a repurchase installment payment plan
for a
116.34particular parcel is unnecessary and not in the public interest, the county board
may require
117.1as a condition of repurchase that the entire repurchase price be paid at the time
of repurchase.
117.2A repurchase is subject to any easement, lease, or other encumbrance granted by the
state
117.3before the repurchase, and if the land is located within a restricted area established
by any
117.4county under Laws 1939, chapter 340, the repurchase must not be permitted unless the
117.5resolution approving the repurchase is adopted by the unanimous vote of the board
of county
117.6commissioners.
117.7The person seeking to repurchase under this section shall pay all maintenance costs
117.8incurred by the county auditor during the time the property was tax-forfeited.
117.9EFFECTIVE DATE.This section is effective January 1, 2018.
117.10 Sec. 41. Minnesota Statutes 2016, section 282.322, is amended to read:
117.11282.322 FORFEITED LANDS LIST.
117.12The county board of any county may file a list of forfeited lands with the county
auditor,
117.13if the board is of the opinion that such lands may be acquired by the state or any
municipal
117.14subdivision
thereof of the state for public purposes. Upon the filing of
such the list
of
117.15forfeited lands, the county auditor shall withhold said lands from repurchase. If no proceeding
117.16shall be is started to acquire such lands by the state or some municipal subdivision
thereof
117.17of the state within one year after the filing of
such the list
of forfeited lands, the county
117.18board shall withdraw
said the list and thereafter
, if the property was classified as
117.19nonhomestead at the time of forfeiture, the owner shall have
one year not more than six
117.20months in which to repurchase.
117.21EFFECTIVE DATE.This section is effective January 1, 2018.
117.22 Sec. 42. Minnesota Statutes 2016, section 473H.09, is amended to read:
117.23473H.09 EARLY TERMINATION.
117.24 Subdivision 1. Public emergency. Termination of an agricultural preserve earlier than
117.25a date derived through application of section
473H.08 may be permitted
only in the event
117.26of a public emergency upon petition from the owner or authority to the governor. The
117.27determination of a public emergency shall be by the governor through executive order
117.28pursuant to sections
4.035 and
12.01 to
12.46. The executive order shall identify the preserve,
117.29the reasons requiring the action and the date of termination.
117.30 Subd. 2. Death of owner. (a) Within 365 days of the death of an owner, an owner's
117.31spouse, or other qualifying person, the surviving owner may elect to terminate the
agricultural
117.32preserve and the covenant allowing the land to be enrolled as an agricultural preserve
by
118.1notifying the authority on a form provided by the commissioner of agriculture. Termination
118.2of a covenant under this subdivision must be executed and acknowledged in the manner
118.3required by law to execute and acknowledge a deed.
118.4(b) For purposes of this subdivision, the following definitions apply:
118.5(1) "qualifying person" includes a partner, shareholder, trustee for a trust that
the decedent
118.6was the settlor or a beneficiary of, or member of an entity permitted to own agricultural
118.7land and engage in farming under section 500.24 that owned the agricultural preserve;
and
118.8(2) "surviving owner" includes the executor of the estate of the decedent, trustee
for a
118.9trust that the decedent was the settlor or a beneficiary of, or an entity permitted
to own farm
118.10land under section 500.24 of which the decedent was a partner, shareholder, or member.
118.11(c) When an agricultural preserve is terminated under this subdivision, the property
is
118.12subject to additional taxes in an amount equal to 50 percent of the taxes actually
levied
118.13against the property for the current taxes payable year. The additional taxes are
extended
118.14against the property on the tax list for taxes payable in the current year. The additional
taxes
118.15must be distributed among the jurisdictions levying taxes on the property in proportion
to
118.16the current year's taxes.
118.17EFFECTIVE DATE.This section is effective July 1, 2017.
118.18 Sec. 43. Minnesota Statutes 2016, section 473H.17, subdivision 1a, is amended to read:
118.19 Subd. 1a.
Allowed commercial and industrial operations. (a) Commercial and industrial
118.20operations are not allowed on land within an agricultural preserve except:
118.21(1) small on-farm commercial or industrial operations normally associated with and
118.22important to farming in the agricultural preserve area;
118.23(2) storage use of existing farm buildings that does not disrupt the integrity of
the
118.24agricultural preserve;
and
118.25(3) small commercial use of existing farm buildings for trades not disruptive to the
118.26integrity of the agricultural preserve such as a carpentry shop, small scale mechanics
shop,
118.27and similar activities that a farm operator might conduct
.; and
118.28(4) wireless communication installments and related equipment and structure capable
118.29of providing technology potentially beneficial to farming activities. A property owner
who
118.30installs wireless communication equipment does not violate a covenant made prior to
January
118.311, 2018, under section 473H.05, subdivision 1.
119.1(b)
For purposes of paragraph (a), clauses (2) and (3), "existing"
in paragraph (a), clauses
119.2(2) and (3), means existing on August 1, 1987.
119.3EFFECTIVE DATE.This section is effective the day following enactment.
119.4 Sec. 44. Minnesota Statutes 2016, section 504B.285, subdivision 1, is amended to read:
119.5 Subdivision 1.
Grounds. (a) The person entitled to the premises may recover possession
119.6by eviction when:
119.7(1) any person holds over real property:
119.8(i) after a sale of the property on an execution or judgment;
or
119.9(ii) after the expiration of the time for redemption on foreclosure of a mortgage,
or after
119.10termination of contract to convey the property;
or
119.11(iii) after the expiration of the time for redemption on a real estate tax judgment
sale;
119.12(2) any person holds over real property after termination of the time for which it
is
119.13demised or leased to that person or to the persons under whom that person holds possession,
119.14contrary to the conditions or covenants of the lease or agreement under which that
person
119.15holds, or after any rent becomes due according to the terms of such lease or agreement;
or
119.16(3) any tenant at will holds over after the termination of the tenancy by notice to
quit.
119.17(b) A landlord may not commence an eviction action against a tenant or authorized
119.18occupant solely on the basis that the tenant or authorized occupant has been the victim
of
119.19any of the acts listed in section
504B.206, subdivision 1, paragraph (a). Nothing in this
119.20paragraph should be construed to prohibit an eviction action based on a breach of
the lease.
119.21EFFECTIVE DATE.This section is effective the day following final enactment.
119.22 Sec. 45. Laws 1996, chapter 471, article 3, section 51, is amended to read:
119.23 Sec. 51.
RECREATION LEVY FOR SAWYER BY CARLTON COUNTY.
119.24 Subdivision 1.
Levy authorized. Notwithstanding other law to the contrary, the Carlton
119.25county board of commissioners may levy in and for the unorganized township of Sawyer
119.26an amount up to $1,500 annually for recreational purposes
, beginning with taxes payable
119.27in 1997 and ending with taxes payable in 2006.
119.28 Subd. 2. Effective date. This section is effective June 1, 1996, without local approval.
120.1EFFECTIVE DATE.This section applies to taxes payable in 2018 and thereafter, and
120.2is effective the day after the Carlton County Board of Commissioners and its chief
clerical
120.3officer timely complete their compliance with section 645.021, subdivisions 2 and
3.
120.4 Sec. 46.
SOCCER STADIUM PROPERTY TAX EXEMPTION; SPECIAL
120.5ASSESSMENT.
120.6Any real or personal property acquired, owned, leased, controlled, used, or occupied
by
120.7the city of St. Paul for the primary purpose of providing a stadium for a Major League
120.8Soccer team is declared to be acquired, owned, leased, controlled, used, and occupied
for
120.9public, governmental, and municipal purposes, and is exempt from ad valorem taxation
by
120.10the state or any political subdivision of the state, provided that the properties
are subject to
120.11special assessments levied by a political subdivision for a local improvement in amounts
120.12proportionate to and not exceeding the special benefit received by the properties
from the
120.13improvement. In determining the special benefit received by the properties, no possible
use
120.14of any of the properties in any manner different from their intended use for providing
a
120.15Major League Soccer stadium at the time may be considered. Notwithstanding Minnesota
120.16Statutes, section 272.01, subdivision 2, or 273.19, real or personal property subject
to a
120.17lease or use agreement between the city and another person for uses related to the
purposes
120.18of the operation of the stadium and related parking facilities is exempt from taxation
120.19regardless of the length of the lease or use agreement. This section, insofar as it
provides
120.20an exemption or special treatment, does not apply to any real property that is leased
for
120.21residential, business, or commercial development or other purposes different from
those
120.22necessary to the provision and operation of the stadium.
120.23EFFECTIVE DATE.This section is effective upon approval by the St. Paul City
120.24Council and compliance with Minnesota Statutes, section 645.021.
120.25 Sec. 47.
COMMISSIONER OF REVENUE TO DETERMINE ADEQUACY OF
120.26CURRENT RULES AND VALUATION PRACTICES FOR STATE-ASSESSED
120.27PIPELINES.
120.28The commissioner of revenue must review all current rules and practices relating to
the
120.29valuation of pipeline companies that are assessed by the state. The commissioner must
120.30determine whether current rules and practices provide accurate estimates of market
value.
120.31By February 1, 2018, the commissioner must prepare testimony for the house of
120.32representatives and senate committees having jurisdiction over property taxes recommending
120.33changes to the rules and practices to provide more accurate assessments and reduce
the
121.1number and amount of judgments against the state and counties for state-assessed pipeline
121.2property. Costs associated with conducting the review required by this section must
be paid
121.3from existing funds appropriated to the commissioner by law.
121.4EFFECTIVE DATE.This section is effective the day following final enactment.
121.5 Sec. 48.
REPEALER.
121.6Minnesota Statutes 2016, section 281.22, is repealed.
121.7EFFECTIVE DATE.This section is effective the day following final enactment.
121.10 Section 1.
[88.068] VOLUNTEER FIRE ASSISTANCE GRANT ACCOUNT.
121.11A volunteer fire assistance grant account is established in the special revenue fund.
Sales
121.12taxes allocated under section 297A.94, for making grants under section 88.067, must
be
121.13deposited in the special revenue fund and credited to the volunteer fire assistance
grant
121.14account. Money in the account, including interest, is appropriated to the commissioner
for
121.15making grants under that section.
121.16EFFECTIVE DATE.This section is effective beginning with deposits made in fiscal
121.17year 2018.
121.18 Sec. 2. Minnesota Statutes 2016, section 116J.8738, subdivision 3, is amended to read:
121.19 Subd. 3.
Certification of qualified business. (a) A business may apply to the
121.20commissioner for certification as a qualified business under this section. The commissioner
121.21shall specify the form of the application, the manner and times for applying, and
the
121.22information required to be included in the application. The commissioner may impose
an
121.23application fee in an amount sufficient to defray the commissioner's cost of processing
121.24certifications. Application fees are deposited in the greater Minnesota business expansion
121.25administration account in the special revenue fund. A business must file a copy of
its
121.26application with the chief clerical officer of the city at the same time it applies
to the
121.27commissioner. For an agricultural processing facility located outside the boundaries
of a
121.28city, the business must file a copy of the application with the county auditor.
121.29(b) The commissioner shall certify each business as a qualified business that:
121.30(1) satisfies the requirements of subdivision 2;
122.1(2) the commissioner determines would not expand its operations in greater Minnesota
122.2without the tax incentives available under subdivision 4; and
122.3(3) enters a business subsidy agreement with the commissioner that pledges to satisfy
122.4the minimum expansion requirements of paragraph (c) within three years or less following
122.5execution of the agreement.
122.6The commissioner must act on an application within 90 days after its filing. Failure
by
122.7the commissioner to take action within the 90-day period is deemed approval of the
122.8application.
122.9(c) The business must increase the number of full-time equivalent employees in greater
122.10Minnesota from the time the business subsidy agreement is executed by two employees
or
122.11ten percent, whichever is greater.
122.12(d) The city, or a county for an agricultural processing facility located outside
the
122.13boundaries of a city, in which the business proposes to expand its operations may
file
122.14comments supporting or opposing the application with the commissioner. The comments
122.15must be filed within 30 days after receipt by the city of the application and may
include a
122.16notice of any contribution the city or county intends to make to encourage or support
the
122.17business expansion, such as the use of tax increment financing, property tax abatement,
122.18additional city or county services, or other financial assistance.
122.19(e) Certification of a qualified business is effective for the seven-year period beginning
122.20on the first day of the calendar month immediately following the date that the commissioner
122.21informs the business of the award of the benefit
unless the qualified business is investing
122.22at least $200,000,000 over a ten-year period. Certification for a qualified business
investing
122.23at least $200,000,000 over a ten-year period is effective for the ten-year period
beginning
122.24on the first day of the calendar month immediately following the date that the commissioner
122.25informs the business of the award of the benefit.
122.26EFFECTIVE DATE.This section is effective July 1, 2017.
122.27 Sec. 3. Minnesota Statutes 2016, section 116J.8738, subdivision 4, is amended to read:
122.28 Subd. 4.
Available tax incentives. A qualified business is entitled to a sales tax
122.29exemption, up to
$2,000,000 $5,000,000 annually and
$10,000,000 $40,000,000 during the
122.30total period of the agreement, as provided in section
297A.68, subdivision 44, for purchases
122.31made during the period the business was certified as a qualified business under this
section.
122.32The commissioner has discretion to set the maximum amounts of the annual and total
sales
122.33tax exemption allowed for each qualifying business as part of the business subsidy
agreement.
123.1EFFECTIVE DATE.This section is effective July 1, 2017.
123.2 Sec. 4. Minnesota Statutes 2016, section 128C.24, is amended to read:
123.3128C.24 LEAGUE FUNDS TRANSFER.
123.4Beginning July 1, 2007, the Minnesota State High School League shall annually determine
123.5the sales tax savings attributable to section
297A.70, subdivision 11 11a, and annually
123.6transfer that amount to a nonprofit charitable foundation created for the purpose
of promoting
123.7high school extracurricular activities. The funds must be used by the foundation to
make
123.8grants to fund, assist, recognize, or promote high school students' participation
in
123.9extracurricular activities. The first priority for funding will be grants for scholarships
to
123.10individuals to offset athletic fees. The foundation must equitably award grants based
on
123.11considerations of gender balance, school size, and geographic location, to the extent
feasible.
123.12EFFECTIVE DATE.This section is effective for sales and purchases made after June
123.1330, 2017, and before July 1, 2027.
123.14 Sec. 5. Minnesota Statutes 2016, section 297A.61, subdivision 3, is amended to read:
123.15 Subd. 3.
Sale and purchase. (a) "Sale" and "purchase" include, but are not limited to,
123.16each of the transactions listed in this subdivision. In applying the provisions of
this chapter,
123.17the terms "tangible personal property" and "retail sale" include the taxable services
listed
123.18in paragraph (g), clause (6), items (i) to (vi) and (viii), and the provision of these
taxable
123.19services, unless specifically provided otherwise. Services performed by an employee
for
123.20an employer are not taxable. Services performed by a partnership or association for
another
123.21partnership or association are not taxable if one of the entities owns or controls
more than
123.2280 percent of the voting power of the equity interest in the other entity. Services
performed
123.23between members of an affiliated group of corporations are not taxable. For purposes
of
123.24the preceding sentence, "affiliated group of corporations" means those entities that
would
123.25be classified as members of an affiliated group as defined under United States Code,
title
123.2626, section 1504, disregarding the exclusions in section 1504(b).
123.27 (b) Sale and purchase include:
123.28 (1) any transfer of title or possession, or both, of tangible personal property, whether
123.29absolutely or conditionally, for a consideration in money or by exchange or barter;
and
123.30 (2) the leasing of or the granting of a license to use or consume, for a consideration
in
123.31money or by exchange or barter, tangible personal property, other than a manufactured
123.32home used for residential purposes for a continuous period of 30 days or more.
124.1 (c) Sale and purchase include the production, fabrication, printing, or processing
of
124.2tangible personal property for a consideration for consumers who furnish either directly
or
124.3indirectly the materials used in the production, fabrication, printing, or processing.
124.4 (d) Sale and purchase include the preparing for a consideration of food. Notwithstanding
124.5section
297A.67, subdivision 2, taxable food includes, but is not limited to, the following:
124.6 (1) prepared food sold by the retailer;
124.7 (2) soft drinks;
124.8 (3) candy;
and
124.9 (4) dietary supplements
; and.
124.10 (5) all food sold through vending machines.
124.11 (e) A sale and a purchase includes the furnishing for a consideration of electricity,
gas,
124.12water, or steam for use or consumption within this state.
124.13 (f) A sale and a purchase includes the transfer for a consideration of prewritten
computer
124.14software whether delivered electronically, by load and leave, or otherwise.
124.15 (g) A sale and a purchase includes the furnishing for a consideration of the following
124.16services:
124.17 (1) the privilege of admission to places of amusement, recreational areas, or athletic
124.18events, and the making available of amusement devices, tanning facilities, reducing
salons,
124.19steam baths, health clubs, and spas or athletic facilities;
124.20 (2) lodging and related services by a hotel, rooming house, resort, campground, motel,
124.21or trailer camp, including furnishing the guest of the facility with access to telecommunication
124.22services, and the granting of any similar license to use real property in a specific
facility,
124.23other than the renting or leasing of it for a continuous period of 30 days or more
under an
124.24enforceable written agreement that may not be terminated without prior notice and
including
124.25accommodations intermediary services provided in connection with other services provided
124.26under this clause;
124.27 (3) nonresidential parking services, whether on a contractual, hourly, or other periodic
124.28basis, except for parking at a meter;
124.29 (4) the granting of membership in a club, association, or other organization if:
125.1 (i) the club, association, or other organization makes available for the use of its
members
125.2sports and athletic facilities, without regard to whether a separate charge is assessed
for use
125.3of the facilities; and
125.4 (ii) use of the sports and athletic facility is not made available to the general
public on
125.5the same basis as it is made available to members.
125.6Granting of membership means both onetime initiation fees and periodic membership
dues.
125.7Sports and athletic facilities include golf courses; tennis, racquetball, handball,
and squash
125.8courts; basketball and volleyball facilities; running tracks; exercise equipment;
swimming
125.9pools; and other similar athletic or sports facilities;
125.10 (5) delivery of aggregate materials by a third party, excluding delivery of aggregate
125.11material used in road construction; and delivery of concrete block by a third party
if the
125.12delivery would be subject to the sales tax if provided by the seller of the concrete
block.
125.13For purposes of this clause, "road construction" means construction of:
125.14 (i) public roads;
125.15 (ii) cartways; and
125.16 (iii) private roads in townships located outside of the seven-county metropolitan
area
125.17up to the point of the emergency response location sign; and
125.18 (6) services as provided in this clause:
125.19 (i) laundry and dry cleaning services including cleaning, pressing, repairing, altering,
125.20and storing clothes, linen services and supply, cleaning and blocking hats, and carpet,
125.21drapery, upholstery, and industrial cleaning. Laundry and dry cleaning services do
not
125.22include services provided by coin operated facilities operated by the customer;
125.23 (ii) motor vehicle washing, waxing, and cleaning services, including services provided
125.24by coin operated facilities operated by the customer, and rustproofing, undercoating,
and
125.25towing of motor vehicles;
125.26 (iii) building and residential cleaning, maintenance, and disinfecting services and
pest
125.27control and exterminating services;
125.28 (iv) detective, security, burglar, fire alarm, and armored car services; but not including
125.29services performed within the jurisdiction they serve by off-duty licensed peace officers
as
125.30defined in section
626.84, subdivision 1, or services provided by a nonprofit organization
125.31or any organization at the direction of a county for monitoring and electronic surveillance
126.1of persons placed on in-home detention pursuant to court order or under the direction
of the
126.2Minnesota Department of Corrections;
126.3 (v) pet grooming services;
126.4 (vi) lawn care, fertilizing, mowing, spraying and sprigging services; garden planting
126.5and maintenance; tree, bush, and shrub pruning, bracing, spraying, and surgery; indoor
plant
126.6care; tree, bush, shrub, and stump removal, except when performed as part of a land
clearing
126.7contract as defined in section
297A.68, subdivision 40; and tree trimming for public utility
126.8lines. Services performed under a construction contract for the installation of shrubbery,
126.9plants, sod, trees, bushes, and similar items are not taxable;
126.10 (vii) massages, except when provided by a licensed health care facility or professional
126.11or upon written referral from a licensed health care facility or professional for
treatment of
126.12illness, injury, or disease; and
126.13 (viii) the furnishing of lodging, board, and care services for animals in kennels
and other
126.14similar arrangements, but excluding veterinary and horse boarding services.
126.15 (h) A sale and a purchase includes the furnishing for a consideration of tangible
personal
126.16property or taxable services by the United States or any of its agencies or instrumentalities,
126.17or the state of Minnesota, its agencies, instrumentalities, or political subdivisions.
126.18 (i) A sale and a purchase includes the furnishing for a consideration of
126.19telecommunications services, ancillary services associated with telecommunication
services,
126.20and pay television services. Telecommunication services include, but are not limited
to, the
126.21following services, as defined in section
297A.669: air-to-ground radiotelephone service,
126.22mobile telecommunication service, postpaid calling service, prepaid calling service,
prepaid
126.23wireless calling service, and private communication services. The services in this
paragraph
126.24are taxed to the extent allowed under federal law.
126.25 (j) A sale and a purchase includes the furnishing for a consideration of installation
if the
126.26installation charges would be subject to the sales tax if the installation were provided
by
126.27the seller of the item being installed.
126.28 (k) A sale and a purchase includes the rental of a vehicle by a motor vehicle dealer
to a
126.29customer when (1) the vehicle is rented by the customer for a consideration, or (2)
the motor
126.30vehicle dealer is reimbursed pursuant to a service contract as defined in section
59B.02,
126.31subdivision
11.
126.32 (l) A sale and a purchase includes furnishing for a consideration of specified digital
126.33products or other digital products or granting the right for a consideration to use
specified
127.1digital products or other digital products on a temporary or permanent basis and regardless
127.2of whether the purchaser is required to make continued payments for such right. Wherever
127.3the term "tangible personal property" is used in this chapter, other than in subdivisions
10
127.4and 38, the provisions also apply to specified digital products, or other digital
products,
127.5unless specifically provided otherwise or the context indicates otherwise.
127.6(m) The sale of the privilege of admission under section 297A.61, subdivision 3,
127.7paragraph (g), clause (1), to a place of amusement, recreational area, or athletic
event
127.8includes all charges included in the privilege of admission's sales price, without
deduction
127.9for amenities that may be provided, unless the amenities are separately stated and
the
127.10purchaser of the privilege of admission is entitled to add or decline the amenities,
and the
127.11amenities are not otherwise taxable.
127.12EFFECTIVE DATE.This section is effective for sales and purchases made after June
127.1330, 2017.
127.14 Sec. 6. Minnesota Statutes 2016, section 297A.61, subdivision 34, is amended to read:
127.15 Subd. 34.
Taxable food sold through vending machines. "
Taxable food sold through
127.16vending machines" means
taxable food
under section 297A.61, subdivision 3, paragraph
127.17(d), dispensed from a machine or other device that accepts payment including honor
127.18payments.
127.19EFFECTIVE DATE.This section is effective for sales and purchases made after June
127.2030, 2017.
127.21 Sec. 7. Minnesota Statutes 2016, section 297A.66, subdivision 1, is amended to read:
127.22 Subdivision 1.
Definitions. (a) To the extent allowed by the United States Constitution
127.23and the laws of the United States, "retailer maintaining a place of business in this
state," or
127.24a similar term, means a retailer:
127.25(1) having or maintaining within this state, directly or by a subsidiary or an affiliate,
an
127.26office, place of distribution, sales
, storage, or sample room or place, warehouse, or other
127.27place of business
, including the employment of a resident of this state who works from a
127.28home office in this state; or
127.29(2) having a representative, including, but not limited to, an affiliate, agent, salesperson,
127.30canvasser,
or marketplace provider, solicitor
, or other third party operating in this state
127.31under the authority of the retailer or its subsidiary, for any purpose, including
the repairing,
127.32selling, delivering, installing,
facilitating sales, processing sales, or soliciting of orders for
128.1the retailer's goods or services, or the leasing of tangible personal property located
in this
128.2state, whether the place of business or agent, representative, affiliate, salesperson,
canvasser,
128.3or solicitor is located in the state permanently or temporarily, or whether or not
the retailer,
128.4subsidiary, or affiliate is authorized to do business in this state.
A retailer is represented by
128.5a marketplace provider in this state if the retailer makes sales in this state facilitated
by a
128.6marketplace provider that maintains a place of business in this state.
128.7(b) "Destination of a sale" means the location to which the retailer makes delivery
of
128.8the property sold, or causes the property to be delivered, to the purchaser of the
property,
128.9or to the agent or designee of the purchaser. The delivery may be made by any means,
128.10including the United States Postal Service or a for-hire carrier.
128.11(c) "Marketplace provider" means any person who facilitates a retail sale by a retailer
128.12by:
128.13(1) listing or advertising for sale by the retailer in any forum, tangible personal
property,
128.14services, or digital goods that are subject to tax under this chapter; and
128.15(2) either directly or indirectly through agreements or arrangements with third parties
128.16collecting payment from the customer and transmitting that payment to the retailer
regardless
128.17of whether the marketplace provider receives compensation or other consideration in
128.18exchange for its services.
128.19(d) "Total taxable retail sales" means the gross receipts from the sale of all tangible
128.20goods, services, and digital goods subject to sales and use tax under this chapter.
128.21 Sec. 8. Minnesota Statutes 2016, section 297A.66, subdivision 2, is amended to read:
128.22 Subd. 2.
Retailer maintaining place of business in this state. (a) Except as provided
128.23in paragraph (b), a retailer maintaining a place of business in this state who makes retail
128.24sales in Minnesota or to a destination in Minnesota shall collect sales and use taxes
and
128.25remit them to the commissioner under section
297A.77.
128.26(b) A retailer with total taxable retail sales to customers in this state of less
than $10,000
128.27in the 12-month period ending on the last day of the most recently completed calendar
128.28quarter is not required to collect and remit sales tax if it is determined to be a
retailer
128.29maintaining a place of business in the state solely because it made sales through
one or more
128.30marketplace providers. The provisions of this paragraph do not apply to a retailer
that is or
128.31was registered to collect sales and use tax in this state.
129.1 Sec. 9. Minnesota Statutes 2016, section 297A.66, subdivision 4, is amended to read:
129.2 Subd. 4.
Affiliated entities. (a) An entity is an "affiliate" of the retailer for purposes of
129.3subdivision 1, paragraph (a), if
the entity:
129.4(1)
the entity uses its facilities or employees in this state to advertise, promote, or facilitate
129.5the establishment or maintenance of a market for sales of items by the retailer to
purchasers
129.6in this state or for the provision of services to the retailer's purchasers in this
state, such as
129.7accepting returns of purchases for the retailer, providing assistance in resolving
customer
129.8complaints of the retailer, or providing other services;
and
129.9(2)
the retailer and the entity are related parties. has the same or a similar business name
129.10to the retailer and sells, from a location or locations in this state, tangible personal
property,
129.11digital goods, or services, taxable under this chapter, that are similar to that sold
by the
129.12retailer;
129.13(3) maintains an office, distribution facility, salesroom, warehouse, storage place,
or
129.14other similar place of business in this state to facilitate the delivery of tangible
personal
129.15property, digital goods, or services sold by the retailer to its customers in this
state;
129.16(4) maintains a place of business in this state and uses trademarks, service marks,
or
129.17trade names in this state that are the same or substantially similar to those used
by the retailer,
129.18and that use is done with the express or implied consent of the holder of the marks
or names;
129.19(5) delivers, installs, or assembles tangible personal property in this state, or
performs
129.20maintenance or repair services on tangible personal property in this state, for tangible
129.21personal property sold by the retailer;
129.22(6) facilitates the delivery of tangible personal property to customers of the retailer
by
129.23allowing the customers to pick up tangible personal property sold by the retailer
at a place
129.24of business the entity maintains in this state; or
129.25(7) shares management, business systems, business practices, or employees with the
129.26retailer, or engages in intercompany transactions with the retailer related to the
activities
129.27that establish or maintain the market in this state of the retailer.
129.28(b) Two entities are related parties under this section if one of the entities meets
at least
129.29one of the following tests with respect to the other entity:
129.30(1) one or both entities is a corporation, and one entity and any party related to
that entity
129.31in a manner that would require an attribution of stock from the corporation to the
party or
129.32from the party to the corporation under the attribution rules of section 318 of the
Internal
130.1Revenue Code owns directly, indirectly, beneficially, or constructively at least 50
percent
130.2of the value of the corporation's outstanding stock;
130.3(2) one or both entities is a partnership, estate, or trust and any partner or beneficiary,
130.4and the partnership, estate, or trust and its partners or beneficiaries own directly,
indirectly,
130.5beneficially, or constructively, in the aggregate, at least 50 percent of the profits,
capital,
130.6stock, or value of the other entity or both entities;
or
130.7(3) an individual stockholder and the members of the stockholder's family (as defined
130.8in section 318 of the Internal Revenue Code) owns directly, indirectly, beneficially,
or
130.9constructively, in the aggregate, at least 50 percent of the value of both entities'
outstanding
130.10stock
.;
130.11(4) the entities are related within the meaning of subsections (b) and (c) of section
267
130.12or 707(b)(1) of the Internal Revenue Code; or
130.13(5) the entities have one or more ownership relationships and the relationships were
130.14designed with a principal purpose of avoiding the application of this section.
130.15(c) An entity is an affiliate under the provisions of this subdivision if the requirements
130.16of paragraphs (a) and (b) are met during any part of the 12-month period ending on
the first
130.17day of the month before the month in which the sale was made.
130.18 Sec. 10. Minnesota Statutes 2016, section 297A.66, is amended by adding a subdivision
130.19to read:
130.20 Subd. 4b. Collection and remittance requirements for marketplace providers and
130.21marketplace retailers. (a) A marketplace provider shall collect sales and use taxes and
130.22remit them to the commissioner under section 297A.77 for all facilitated sales for
a retailer,
130.23and is subject to audit on the retail sales it facilitates unless either:
130.24(1) the retailer provides a copy of the retailer's registration to collect sales and
use tax
130.25in this state to the marketplace provider before the marketplace provider facilitates
a sale;
130.26or
130.27(2) upon inquiry by the marketplace provider or its agent, the commissioner discloses
130.28that the retailer is registered to collect sales and use taxes in this state.
130.29(b) Nothing in this subdivision shall be construed to interfere with the ability of
a
130.30marketplace provider and a retailer to enter into an agreement regarding fulfillment
of the
130.31requirements of this chapter.
131.1(c) A marketplace provider is not liable under this subdivision for failure to file
and
131.2collect and remit sales and use taxes if the marketplace provider demonstrates that
the error
131.3was due to incorrect or insufficient information given to the marketplace provider
by the
131.4retailer. This paragraph does not apply if the marketplace provider and the marketplace
131.5retailer are related as defined in subdivision 4, paragraph (b).
131.6 Sec. 11. Minnesota Statutes 2016, section 297A.67, subdivision 2, is amended to read:
131.7 Subd. 2.
Food and food ingredients. Except as otherwise provided in this subdivision,
131.8food and food ingredients are exempt. For purposes of this subdivision, "food" and
"food
131.9ingredients" mean substances, whether in liquid, concentrated, solid, frozen, dried,
or
131.10dehydrated form, that are sold for ingestion or chewing by humans and are consumed
for
131.11their taste or nutritional value. Food and food ingredients exempt under this subdivision
do
131.12not include candy, soft drinks,
food sold through vending machines, dietary supplements,
131.13and prepared foods. Food and food ingredients do not include alcoholic beverages and
131.14tobacco. For purposes of this subdivision, "alcoholic beverages" means beverages that
are
131.15suitable for human consumption and contain one-half of one percent or more of alcohol
by
131.16volume. For purposes of this subdivision, "tobacco" means cigarettes, cigars, chewing
or
131.17pipe tobacco, or any other item that contains tobacco. For purposes of this subdivision,
131.18"dietary supplements" means any product, other than tobacco, intended to supplement
the
131.19diet that:
131.20(1) contains one or more of the following dietary ingredients:
131.21(i) a vitamin;
131.22(ii) a mineral;
131.23(iii) an herb or other botanical;
131.24(iv) an amino acid;
131.25(v) a dietary substance for use by humans to supplement the diet by increasing the
total
131.26dietary intake; and
131.27(vi) a concentrate, metabolite, constituent, extract, or combination of any ingredient
131.28described in items (i) to (v);
131.29(2) is intended for ingestion in tablet, capsule, powder, softgel, gelcap, or liquid
form,
131.30or if not intended for ingestion in such form, is not represented as conventional
food and is
131.31not represented for use as a sole item of a meal or of the diet; and
132.1(3) is required to be labeled as a dietary supplement, identifiable by the supplement
facts
132.2box found on the label and as required pursuant to Code of Federal Regulations, title
21,
132.3section 101.36.
132.4 Sec. 12. Minnesota Statutes 2016, section 297A.67, subdivision 4, is amended to read:
132.5 Subd. 4.
Exempt meals at residential facilities. Prepared food, candy, and soft drinks
132.6served to patients, inmates, or persons residing at hospitals, sanitariums, nursing
homes,
132.7senior citizen homes, and correctional, detention, and detoxification facilities are
exempt.
132.8Taxable food sold through vending machines is not exempt.
132.9EFFECTIVE DATE.This section is effective for sales and purchases made after June
132.1030, 2017.
132.11 Sec. 13. Minnesota Statutes 2016, section 297A.67, subdivision 5, is amended to read:
132.12 Subd. 5.
Exempt meals at schools. Prepared food, candy, and soft drinks served at
132.13public and private elementary, middle, or secondary schools as defined in section
120A.05
132.14are exempt. Prepared food, candy, and soft drinks served to students at a college,
university,
132.15or private career school under a board contract are exempt.
Taxable food sold through
132.16vending machines is not exempt.
132.17EFFECTIVE DATE.This section is effective for sales and purchases made after June
132.1830, 2017.
132.19 Sec. 14. Minnesota Statutes 2016, section 297A.67, subdivision 6, is amended to read:
132.20 Subd. 6.
Other exempt meals. (a) Prepared food, candy, and soft drinks purchased for
132.21and served exclusively to individuals who are 60 years of age or over and their spouses
or
132.22to disabled persons and their spouses by governmental agencies, nonprofit organizations,
132.23or churches, or pursuant to any program funded in whole or in part through United
States
132.24Code, title 42, sections 3001 through 3045, wherever delivered, prepared, or served,
are
132.25exempt.
Taxable food sold through vending machines is not exempt.
132.26(b) Prepared food, candy, and soft drinks purchased for and served exclusively to
children
132.27who are less than 14 years of age or disabled children who are less than 16 years
of age and
132.28who are attending a child care or early childhood education program, are exempt if
they
132.29are:
133.1(1) purchased by a nonprofit child care facility that is exempt under section
297A.70,
133.2subdivision 4
, and that primarily serves families with income of 250 percent or less of
133.3federal poverty guidelines; and
133.4(2) prepared at the site of the child care facility.
133.5EFFECTIVE DATE.This section is effective for sales and purchases made after June
133.630, 2017.
133.7 Sec. 15. Minnesota Statutes 2016, section 297A.67, is amended by adding a subdivision
133.8to read:
133.9 Subd. 34. Precious metal bullion. (a) Precious metal bullion is exempt. For purposes
133.10of this subdivision, "precious metal bullion" means bars or rounds that consist of
99.9 percent
133.11or more by weight of either gold, silver, platinum, or palladium and are marked with
weight,
133.12purity, and content.
133.13(b) The exemption under this subdivision does not apply to sales and purchases of
133.14jewelry, works of art, or scrap metal.
133.15(c) The intent of this subdivision is to eliminate the difference in tax treatment
between
133.16the sale of precious metal bullion and the sale of stock, bullion ETFs, bonds, and
other
133.17investment instruments.
133.18EFFECTIVE DATE.This section is effective for sales and purchases made after June
133.1930, 2017.
133.20 Sec. 16. Minnesota Statutes 2016, section 297A.67, is amended by adding a subdivision
133.21to read:
133.22 Subd. 35. Suite licenses. Suite licenses are exempt provided that: (1) the lessee may
133.23use the private suite, private skybox, or private box seat by mutual arrangement with
the
133.24lessor on days when there is no amusement or athletic event; and (2) the sales price
for the
133.25privilege of admission is separately stated and is equal to or greater than the highest
priced
133.26general admission ticket for the closest seat not in the private suite, private skybox,
or private
133.27box seat. The sale of the privilege of admission under section 297A.61, subdivision
3,
133.28paragraph (g), clause (1), to a place of amusement or athletic event does not include
133.29consideration paid for a license to use a private suite, private skybox, or private
box seat.
133.30EFFECTIVE DATE.This section is effective for sales and purchases made after June
133.3130, 2017.
134.1 Sec. 17. Minnesota Statutes 2016, section 297A.67, is amended by adding a subdivision
134.2to read:
134.3 Subd. 36. Stadium builder's licenses. Stadium builder's licenses authorized under
134.4section 473J.15, subdivision 14, are exempt. The sale of the privilege of admission
under
134.5section 297A.61, subdivision 3, paragraph (g), clause (1), does not include consideration
134.6paid for a stadium builder's license authorized under section 473J.15, subdivision
14.
134.7EFFECTIVE DATE.This section is effective the day following final enactment.
134.8 Sec. 18. Minnesota Statutes 2016, section 297A.68, subdivision 5, is amended to read:
134.9 Subd. 5.
Capital equipment. (a) Capital equipment is exempt.
134.10"Capital equipment" means machinery and equipment purchased or leased, and used in
134.11this state by the purchaser or lessee primarily for manufacturing, fabricating, mining,
or
134.12refining tangible personal property to be sold ultimately at retail if the machinery
and
134.13equipment are essential to the integrated production process of manufacturing, fabricating,
134.14mining, or refining. Capital equipment also includes machinery and equipment used
primarily
134.15to electronically transmit results retrieved by a customer of an online computerized
data
134.16retrieval system.
134.17(b) Capital equipment includes, but is not limited to:
134.18(1) machinery and equipment used to operate, control, or regulate the production
134.19equipment;
134.20(2) machinery and equipment used for research and development, design, quality control,
134.21and testing activities;
134.22(3) environmental control devices that are used to maintain conditions such as
134.23temperature, humidity, light, or air pressure when those conditions are essential
to and are
134.24part of the production process;
134.25(4) materials and supplies used to construct and install machinery or equipment;
134.26(5) repair and replacement parts, including accessories, whether purchased as spare
parts,
134.27repair parts, or as upgrades or modifications to machinery or equipment;
134.28(6) materials used for foundations that support machinery or equipment;
134.29(7) materials used to construct and install special purpose buildings used in the
production
134.30process;
135.1(8) ready-mixed concrete equipment in which the ready-mixed concrete is mixed as part
135.2of the delivery process regardless if mounted on a chassis, repair parts for ready-mixed
135.3concrete trucks, and leases of ready-mixed concrete trucks; and
135.4(9) machinery or equipment used for research, development, design, or production of
135.5computer software.
135.6(c) Capital equipment does not include the following:
135.7(1) motor vehicles taxed under chapter 297B;
135.8(2) machinery or equipment used to receive or store raw materials;
135.9(3) building materials, except for materials included in paragraph (b), clauses (6)
and
135.10(7);
135.11(4) machinery or equipment used for nonproduction purposes, including, but not limited
135.12to, the following: plant security, fire prevention, first aid, and hospital stations;
support
135.13operations or administration; pollution control; and plant cleaning, disposal of scrap
and
135.14waste, plant communications, space heating, cooling, lighting, or safety;
135.15(5) farm machinery and aquaculture production equipment as defined by section
297A.61,
135.16subdivisions 12 and 13;
135.17(6) machinery or equipment purchased and installed by a contractor as part of an
135.18improvement to real property;
135.19(7) machinery and equipment used by restaurants in the furnishing, preparing, or serving
135.20of prepared foods as defined in section
297A.61, subdivision 31;
135.21(8) machinery and equipment used to furnish the services listed in section
297A.61,
135.22subdivision 3
, paragraph (g), clause (6), items (i) to (vi) and (viii);
135.23(9) machinery or equipment used in the transportation, transmission, or distribution
of
135.24petroleum, liquefied gas, natural gas, water, or steam, in, by, or through pipes,
lines, tanks,
135.25mains, or other means of transporting those products. This clause does not apply to
machinery
135.26or equipment used to blend petroleum or biodiesel fuel as defined in section
239.77; or
135.27(10) any other item that is not essential to the integrated process of manufacturing,
135.28fabricating, mining, or refining.
135.29(d) For purposes of this subdivision:
135.30(1) "Equipment" means independent devices or tools separate from machinery but
135.31essential to an integrated production process, including computers and computer software,
136.1used in operating, controlling, or regulating machinery and equipment; and any subunit
or
136.2assembly comprising a component of any machinery or accessory or attachment parts
of
136.3machinery, such as tools, dies, jigs, patterns, and molds.
136.4(2) "Fabricating" means to make, build, create, produce, or assemble components or
136.5property to work in a new or different manner.
136.6(3) "Integrated production process" means a process or series of operations through
136.7which tangible personal property is manufactured, fabricated, mined, or refined. For
purposes
136.8of this clause, (i) manufacturing begins with the removal of raw materials from inventory
136.9and ends when the last process prior to loading for shipment has been completed; (ii)
136.10fabricating begins with the removal from storage or inventory of the property to be
assembled,
136.11processed, altered, or modified and ends with the creation or production of the new
or
136.12changed product; (iii) mining begins with the removal of overburden from the site
of the
136.13ores, minerals, stone, peat deposit, or surface materials and ends when the last process
before
136.14stockpiling is completed; and (iv) refining begins with the removal from inventory
or storage
136.15of a natural resource and ends with the conversion of the item to its completed form.
136.16(4) "Machinery" means mechanical, electronic, or electrical devices, including computers
136.17and computer software, that are purchased or constructed to be used for the activities
set
136.18forth in paragraph (a), beginning with the removal of raw materials from inventory
through
136.19completion of the product, including packaging of the product.
136.20(5) "Machinery and equipment used for pollution control" means machinery and
136.21equipment used solely to eliminate, prevent, or reduce pollution resulting from an
activity
136.22described in paragraph (a).
136.23(6) "Manufacturing" means an operation or series of operations where raw materials
are
136.24changed in form, composition, or condition by machinery and equipment and which results
136.25in the production of a new article of tangible personal property. For purposes of
this
136.26subdivision, "manufacturing" includes the generation of electricity or steam to be
sold at
136.27retail.
136.28(7) "Mining" means the extraction of minerals, ores, stone, or peat.
136.29(8) "Online data retrieval system" means a system whose cumulation of information
is
136.30equally available and accessible to all its customers.
136.31(9) "Primarily" means machinery and equipment used 50 percent or more of the time
in
136.32an activity described in paragraph (a).
137.1(10) "Refining" means the process of converting a natural resource to an intermediate
137.2or finished product, including the treatment of water to be sold at retail.
137.3(11) This subdivision does not apply to telecommunications equipment as provided in
137.4subdivision 35a, and does not apply to wire, cable,
fiber, or poles
, or conduit for
137.5telecommunications services.
137.6EFFECTIVE DATE.This section is effective for sales and purchases made after June
137.730, 2017.
137.8 Sec. 19. Minnesota Statutes 2016, section 297A.68, subdivision 9, is amended to read:
137.9 Subd. 9.
Super Bowl admissions and related events. (a) The granting of the privilege
137.10of admission to a world championship football game sponsored by the National Football
137.11League
is and to related events sponsored by the National Football League or its affiliates,
137.12or the Minnesota Super Bowl Host Committee, are exempt.
137.13(b) The sale of nonresidential parking by the National Football League for attendance
137.14at a world championship football game sponsored by the National Football League and
for
137.15related events sponsored by the National Football League or its affiliates, or the
Minnesota
137.16Super Bowl Host Committee, is exempt. Purchases of nonresidential parking services
by
137.17the Super Bowl Host Committee are purchases made exempt for resale.
137.18(c) For the purposes of this subdivision:
137.19(1) "related events sponsored by the National Football League or its affiliates" includes
137.20but is not limited to preparatory advance visits, NFL Experience, NFL Tailgate, NFL
On
137.21Location, and NFL House; and
137.22(2) "affiliates" does not include National Football League teams.
137.23EFFECTIVE DATE.The amendments to this section are effective for sales and
137.24purchases made after June 30, 2016, and before March 1, 2018.
137.25 Sec. 20. Minnesota Statutes 2016, section 297A.68, subdivision 19, is amended to read:
137.26 Subd. 19.
Petroleum products. The following petroleum products are exempt:
137.27(1) products upon which a tax has been imposed and paid under chapter 296A, and for
137.28which no refund has been or will be allowed because the buyer used the fuel for nonhighway
137.29use;
138.1(2) products that are used in the improvement of agricultural land by constructing,
138.2maintaining, and repairing drainage ditches, tile drainage systems, grass waterways,
water
138.3impoundment, and other erosion control structures;
138.4(3) products purchased by a transit system receiving financial assistance under section
138.5174.24
,
256B.0625, subdivision 17, or
473.384;
138.6(4) products purchased by an ambulance service licensed under chapter 144E;
138.7(5) products used in a passenger snowmobile, as defined in section
296A.01, subdivision
138.839
, for off-highway business use as part of the operations of a resort as provided under
138.9section
296A.16, subdivision 2, clause (2);
138.10(6) products purchased by a state or a political subdivision of a state for use in
motor
138.11vehicles exempt from registration under section
168.012, subdivision 1, paragraph (b);
138.12(7) products purchased by providers of transportation to recipients of medical assistance
138.13home and community-based services waivers enrolled in day programs, including adult
day
138.14care, family adult day care, day treatment and habilitation, prevocational services,
and
138.15structured day services;
or
138.16(8) products used in a motor vehicle used exclusively as a mobile medical unit for
the
138.17provision of medical or dental services by a federally qualified health center, as
defined
138.18under title 19 of the federal Social Security Act, as amended by Section 4161 of the
Omnibus
138.19Budget Reconciliation Act of 1990
.; or
138.20(9) special fuel used for one of the following purposes:
138.21 (i) to power a refrigeration unit mounted on a licensed motor vehicle, provided that
the
138.22unit has an engine separate from the one used to propel the vehicle and the fuel is
used
138.23exclusively for the unit;
138.24 (ii) to power an unlicensed motor vehicle that is used solely or primarily to move
138.25semitrailers within a cargo yard, warehouse facility, or intermodal facility; or
138.26 (iii) to operate a power take-off unit or auxiliary engine in or on a licensed motor
vehicle,
138.27whether or not the unit or engine is fueled from the same or a different fuel tank
as that
138.28from which the motor vehicle is fueled.
138.29EFFECTIVE DATE.This section is effective for sales and purchases made after June
138.3030, 2017.
139.1 Sec. 21. Minnesota Statutes 2016, section 297A.68, subdivision 35a, is amended to read:
139.2 Subd. 35a.
Telecommunications or pay television services machinery and equipment.
139.3(a) Telecommunications or pay television services machinery and equipment purchased
or
139.4leased for use directly by a telecommunications or pay television services provider
primarily
139.5in the provision of telecommunications or pay television services that are ultimately
to be
139.6sold at retail are exempt, regardless of whether purchased by the owner, a contractor,
or a
139.7subcontractor.
139.8(b) For purposes of this subdivision, "telecommunications or pay television machinery
139.9and equipment" includes, but is not limited to:
139.10(1) machinery, equipment, and fixtures utilized in receiving, initiating, amplifying,
139.11processing, transmitting, retransmitting, recording, switching, or monitoring
139.12telecommunications or pay television services, such as computers, transformers, amplifiers,
139.13routers, bridges, repeaters, multiplexers, and other items performing comparable functions;
139.14(2) machinery, equipment, and fixtures used in the transportation of telecommunications
139.15or pay television services, such as radio transmitters and receivers, satellite equipment,
139.16microwave equipment,
fiber, conduit, and other transporting media, but not wire, cable,
139.17fiber, or poles
, or conduit;
139.18(3) ancillary machinery, equipment, and fixtures that regulate, control, protect,
or enable
139.19the machinery in clauses (1) and (2) to accomplish its intended function, such as
auxiliary
139.20power supply, test equipment, towers, heating, ventilating, and air conditioning equipment
139.21necessary to the operation of the telecommunications or pay television equipment;
and
139.22software necessary to the operation of the telecommunications or pay television equipment;
139.23and
139.24(4) repair and replacement parts, including accessories, whether purchased as spare
parts,
139.25repair parts, or as upgrades or modifications to qualified machinery or equipment.
139.26EFFECTIVE DATE.This section is effective for sales and purchases made after June
139.2730, 2017.
139.28 Sec. 22. Minnesota Statutes 2016, section 297A.68, is amended by adding a subdivision
139.29to read:
139.30 Subd. 45. Jukebox music. The purchase of music, either as a digital audio work or in
139.31tangible form such as a record or compact disc, by operators that provide the service
of
139.32making available jukeboxes as amusement devices, as provided in section 297A.61,
140.1subdivision 3, paragraph (g), clause (1), is exempt if the music is used exclusively
for the
140.2jukebox.
140.3EFFECTIVE DATE.This section is effective for sales and purchases made after June
140.430, 2017.
140.5 Sec. 23. Minnesota Statutes 2016, section 297A.70, subdivision 4, is amended to read:
140.6 Subd. 4.
Sales to nonprofit groups. (a) All sales, except those listed in paragraph (b),
140.7to the following "nonprofit organizations" are exempt:
140.8(1) a corporation, society, association, foundation, or institution organized and
operated
140.9exclusively for charitable, religious, or educational purposes if the item purchased
is used
140.10in the performance of charitable, religious, or educational functions;
and
140.11(2) any senior citizen group or association of groups that:
140.12(i) in general limits membership to persons who are either age 55 or older, or physically
140.13disabled;
140.14(ii) is organized and operated exclusively for pleasure, recreation, and other nonprofit
140.15purposes, not including housing, no part of the net earnings of which inures to the
benefit
140.16of any private shareholders; and
140.17(iii) is an exempt organization under section 501(c) of the Internal Revenue Code
.; and
140.18(3) an organization that qualifies for an exemption for memberships under subdivision
140.1912 if the item is purchased and used in the performance of the organization's mission.
140.20For purposes of this subdivision, charitable purpose includes the maintenance of a
cemetery
140.21owned by a religious organization.
140.22(b) This exemption does not apply to the following sales:
140.23(1) building, construction, or reconstruction materials purchased by a contractor
or a
140.24subcontractor as a part of a lump-sum contract or similar type of contract with a
guaranteed
140.25maximum price covering both labor and materials for use in the construction, alteration,
or
140.26repair of a building or facility;
140.27(2) construction materials purchased by tax-exempt entities or their contractors to
be
140.28used in constructing buildings or facilities that will not be used principally by
the tax-exempt
140.29entities;
140.30(3) lodging as defined under section
297A.61, subdivision 3, paragraph (g), clause (2),
140.31and prepared food, candy, soft drinks, and alcoholic beverages as defined in section
297A.67,
141.1subdivision 2
, except wine purchased by an established religious organization for sacramental
141.2purposes or as allowed under subdivision 9a; and
141.3(4) leasing of a motor vehicle as defined in section
297B.01, subdivision 11, except as
141.4provided in paragraph (c).
141.5(c) This exemption applies to the leasing of a motor vehicle as defined in section
297B.01,
141.6subdivision 11
, only if the vehicle is:
141.7(1) a truck, as defined in section
168.002, a bus, as defined in section
168.002, or a
141.8passenger automobile, as defined in section
168.002, if the automobile is designed and used
141.9for carrying more than nine persons including the driver; and
141.10(2) intended to be used primarily to transport tangible personal property or individuals,
141.11other than employees, to whom the organization provides service in performing its
charitable,
141.12religious, or educational purpose.
141.13(d) A limited liability company also qualifies for exemption under this subdivision
if
141.14(1) it consists of a sole member that would qualify for the exemption, and (2) the
items
141.15purchased qualify for the exemption.
141.16EFFECTIVE DATE. This section is effective for sales and purchases made after June
141.1730, 2017.
141.18 Sec. 24. Minnesota Statutes 2016, section 297A.70, is amended by adding a subdivision
141.19to read:
141.20 Subd. 11a. Minnesota State High School League tickets and admissions. Tickets and
141.21admissions to games, events, and activities sponsored by the Minnesota State High
School
141.22League under chapter 128C are exempt.
141.23EFFECTIVE DATE.This section is effective for sales and purchases made after June
141.2430, 2017, and before July 1, 2027.
141.25 Sec. 25. Minnesota Statutes 2016, section 297A.70, subdivision 12, is amended to read:
141.26 Subd. 12.
YMCA, YWCA, and JCC, and similar memberships. (a) The sale of
141.27memberships, meaning both onetime initiation fees and periodic membership dues, to
an
141.28association incorporated under section
315.44 or an organization defined under section
141.29315.51
,
or a nonprofit organization offering similar services are exempt. However, all
141.30separate charges made for the privilege of having access to and the use of the association's
141.31sports and athletic facilities are taxable.
142.1(b) For purposes of this subdivision, a "nonprofit organization offering similar services"
142.2means an exempt organization under section 501(c)(3) of the Internal Revenue Code,
whose
142.3mission is to support youth and families through a variety of activities, including
membership
142.4allowing access to athletic facilities, and who provide free or reduced-price memberships
142.5to seniors or low-income persons or families.
142.6EFFECTIVE DATE.This section is effective for sales and purchases made after June
142.730, 2017.
142.8 Sec. 26. Minnesota Statutes 2016, section 297A.70, subdivision 14, is amended to read:
142.9 Subd. 14.
Fund-raising events sponsored by nonprofit groups. (a) Sales of tangible
142.10personal property or services at, and admission charges for fund-raising events sponsored
142.11by, a nonprofit organization are exempt if:
142.12(1) all gross receipts are recorded as such, in accordance with generally accepted
142.13accounting practices, on the books of the nonprofit organization; and
142.14(2) the entire proceeds, less the necessary expenses for the event, will be used solely
142.15and exclusively for charitable, religious, or educational purposes. Exempt sales include
the
142.16sale of prepared food, candy, and soft drinks at the fund-raising event.
142.17(b) This exemption is limited in the following manner:
142.18(1) it does not apply to admission charges for events involving bingo or other gambling
142.19activities or to charges for use of amusement devices involving bingo or other gambling
142.20activities;
142.21(2) all gross receipts are taxable if the profits are not used solely and exclusively
for
142.22charitable, religious, or educational purposes;
142.23(3) it does not apply unless the organization keeps a separate accounting record,
including
142.24receipts and disbursements from each fund-raising event that documents all deductions
from
142.25gross receipts with receipts and other records;
142.26(4) it does not apply to any sale made by or in the name of a nonprofit corporation
as
142.27the active or passive agent of a person that is not a nonprofit corporation;
142.28(5) all gross receipts are taxable if fund-raising events exceed 24 days per year;
142.29(6) it does not apply to fund-raising events conducted on premises leased for more
than
142.30five ten days but less than 30 days; and
143.1(7) it does not apply if the risk of the event is not borne by the nonprofit organization
143.2and the benefit to the nonprofit organization is less than the total amount of the
state and
143.3local tax revenues forgone by this exemption.
143.4(c) For purposes of this subdivision, a "nonprofit organization" means any unit of
143.5government, corporation, society, association, foundation, or institution organized
and
143.6operated for charitable, religious, educational, civic, fraternal, and senior citizens'
or veterans'
143.7purposes, no part of the net earnings of which inures to the benefit of a private
individual.
143.8(d) For purposes of this subdivision, "fund-raising events" means activities of limited
143.9duration, not regularly carried out in the normal course of business, that attract
patrons for
143.10community, social, and entertainment purposes, such as auctions, bake sales, ice cream
143.11socials, block parties, carnivals, competitions, concerts, concession stands, craft
sales,
143.12bazaars, dinners, dances, door-to-door sales of merchandise, fairs, fashion shows,
festivals,
143.13galas, special event workshops, sporting activities such as marathons and tournaments,
and
143.14similar events. Fund-raising events do not include the operation of a regular place
of business
143.15in which services are provided or sales are made during regular hours such as bookstores,
143.16thrift stores, gift shops, restaurants, ongoing Internet sales, regularly scheduled
classes, or
143.17other activities carried out in the normal course of business.
143.18EFFECTIVE DATE.This section is effective for sales and purchases made after June
143.1930, 2017.
143.20 Sec. 27. Minnesota Statutes 2016, section 297A.70, is amended by adding a subdivision
143.21to read:
143.22 Subd. 21. Ice arenas and rinks. Sales to organizations that exist primarily for the purpose
143.23of operating ice arenas or rinks that are part of the Duluth Heritage Sports Center
and are
143.24used for youth and high school programs are exempt if the organization is a private,
nonprofit
143.25corporation exempt from federal income taxation under section 501(c)(3) of the Internal
143.26Revenue Code.
143.27EFFECTIVE DATE.This section is effective for sales and purchases made after June
143.2830, 2017.
143.29 Sec. 28. Minnesota Statutes 2016, section 297A.71, subdivision 44, is amended to read:
143.30 Subd. 44.
Building materials, capital projects. (a) Materials and supplies used or
143.31consumed in and equipment incorporated into the construction or improvement of a capital
144.1project funded partially or wholly under section
297A.9905 are exempt, provided that the
144.2project has
either:
144.3(1) a total construction cost of at least $40,000,000 within a 24-month period
.; or
144.4(2) a total construction cost of at least $100,000,000 for a sports facility project
that
144.5begins after July 1, 2016, and before December 31, 2017.
144.6(b) Materials and supplies used or consumed in and equipment incorporated into the
144.7construction, remodeling, expansion, or improvement of an ice arena or other buildings
or
144.8facilities owned and operated by the city of Plymouth are exempt. For purposes of
this
144.9paragraph, "facilities" include municipal streets and facilities associated with streets
including
144.10but not limited to lighting, curbs and gutters, and sidewalks. The total amount of
refund on
144.11all building materials, supplies, and equipment that the city may apply for under
this
144.12paragraph is $2,500,000.
144.13(c) The tax on purchases exempt under
this provision paragraph (a), clause (1), and
144.14paragraph (b), must be imposed and collected as if the rate under section
297A.62,
144.15subdivision 1
, applied and then refunded in the manner provided in section
297A.75.
144.16Notwithstanding section 289A.40, the city of Plymouth must file for refund by December
144.1731, 2017, for sales tax paid on all eligible purchases under paragraph (b) made prior
to
144.18December 31, 2015.
144.19(d) The exemption under paragraph (a), clause (2), expires one year after the date
that
144.20the first major sports game is played at the sports facility.
144.21EFFECTIVE DATE.(a) The amendment adding paragraph (b) and to paragraph (c) is
144.22effective retroactively for sales and purchases made after January 1, 2013.
144.23(b) The amendment adding paragraph (d) and to paragraph (a) is effective the day
144.24following final enactment.
144.25 Sec. 29. Minnesota Statutes 2016, section 297A.71, is amended by adding a subdivision
144.26to read:
144.27 Subd. 49. Construction materials purchased by contractors; exemption for certain
144.28entities. (a) Building, construction, or reconstruction materials and supplies used or consumed
144.29in, and equipment incorporated into, buildings or facilities used principally by the
following
144.30entities are exempt:
144.31(1) school districts, as defined under section 297A.70, subdivision 2, paragraph (c);
144.32(2) local governments, as defined under section 297A.70, subdivision 2, paragraph
(d);
145.1(3) hospitals and nursing homes owned and operated by political subdivisions of the
145.2state, as defined under section 297A.70, subdivision 2, paragraph (a), clause (3);
145.3(4) public libraries; library systems; multicounty, multitype library systems, as
defined
145.4in section 134.001; and county law libraries under chapter 134A;
145.5(5) nonprofit groups, as defined under section 297A.70, subdivision 4;
145.6(6) hospitals, outpatient surgical centers, and critical access dental providers,
as defined
145.7under section 297A.70, subdivision 7; and
145.8(7) nursing homes and boarding care homes, as defined under section 297A.70,
145.9subdivision 18.
145.10(b) Materials and supplies used and consumed in, and equipment incorporated into,
the
145.11construction, reconstruction, repair, maintenance, or improvement of public infrastructure
145.12of any kind including, but not limited to, roads, bridges, culverts, drinking water
facilities,
145.13and wastewater facilities purchased by a contractor or subcontractor of the following
entities
145.14are exempt:
145.15(1) school districts, as defined under section 297A.70, subdivision 2, paragraph (c);
or
145.16(2) local governments, as defined under section 297A.70, subdivision 2, paragraph
(d).
145.17(c) The tax on purchases exempt under this subdivision must be imposed and collected
145.18as if the rate under section 297A.62, subdivision 1, applied, and then refunded in
the manner
145.19provided in section 297A.75.
145.20EFFECTIVE DATE.This section is effective for sales and purchases made after June
145.2130, 2017.
145.22 Sec. 30. Minnesota Statutes 2016, section 297A.71, is amended by adding a subdivision
145.23to read:
145.24 Subd. 50. Properties destroyed by fire. Building materials and supplies used in, and
145.25equipment incorporated into, the construction or replacement of real property that
is located
145.26in Madelia affected by the fire on February 3, 2016, are exempt. The tax must be imposed
145.27and collected as if the rate under section 297A.62, subdivision 1, applied and then
refunded
145.28in the manner provided in section 297A.75.
145.29EFFECTIVE DATE.This section is effective retroactively for sales and purchases
145.30made after December 31, 2015, and before July 1, 2018.
146.1 Sec. 31. Minnesota Statutes 2016, section 297A.71, is amended by adding a subdivision
146.2to read:
146.3 Subd. 51. Properties destroyed by fire. (a) Building materials and supplies used in,
146.4and equipment incorporated into, the construction or replacement of real property
that is
146.5located in Melrose affected by the fire on September 8, 2016, are exempt.
146.6(b) For sales and purchases made after September 30, 2016, and before July 1, 2017,
146.7the tax must be imposed and collected as if the rate under section 297A.62, subdivision
1,
146.8applied and then refunded in the manner provided in section 297A.75.
146.9EFFECTIVE DATE.Paragraph (a) is effective retroactively for sales and purchases
146.10made after September 30, 2016, and before January 1, 2019. Paragraph (b) is effective
for
146.11sales and purchases made after September 30, 2016, and before July 1, 2017.
146.12 Sec. 32. Minnesota Statutes 2016, section 297A.75, subdivision 1, is amended to read:
146.13 Subdivision 1.
Tax collected. The tax on the gross receipts from the sale of the following
146.14exempt items must be imposed and collected as if the sale were taxable and the rate
under
146.15section
297A.62, subdivision 1, applied. The exempt items include:
146.16 (1) building materials for an agricultural processing facility exempt under section
146.17297A.71, subdivision 13
;
146.18 (2) building materials for mineral production facilities exempt under section
297A.71,
146.19subdivision 14
;
146.20 (3) building materials for correctional facilities under section
297A.71, subdivision 3;
146.21 (4) building materials used in a residence for disabled veterans exempt under section
146.22297A.71, subdivision 11
;
146.23 (5) elevators and building materials exempt under section
297A.71, subdivision 12;
146.24 (6) materials and supplies for qualified low-income housing under section
297A.71,
146.25subdivision 23
;
146.26 (7) materials, supplies, and equipment for municipal electric utility facilities under
146.27section
297A.71, subdivision 35;
146.28 (8) equipment and materials used for the generation, transmission, and distribution
of
146.29electrical energy and an aerial camera package exempt under section
297A.68, subdivision
146.3037;
147.1 (9) commuter rail vehicle and repair parts under section
297A.70, subdivision 3, paragraph
147.2(a), clause (10);
147.3 (10) materials, supplies, and equipment for construction or improvement of projects
and
147.4facilities under section
297A.71, subdivision 40;
147.5(11) materials, supplies, and equipment for construction, improvement, or expansion
147.6of
:
147.7(i) an aerospace defense manufacturing facility exempt under
Minnesota Statutes 2014,
147.8section 297A.71, subdivision 42;
147.9(ii) a biopharmaceutical manufacturing facility exempt under section
297A.71, subdivision
147.1045
;
147.11(iii) a research and development facility exempt under
Minnesota Statutes 2014, section
147.12297A.71, subdivision 46; and
147.13(iv) an industrial measurement manufacturing and controls facility exempt under
147.14Minnesota Statutes 2014, section 297A.71, subdivision 47;
147.15(12) enterprise information technology equipment and computer software for use in
a
147.16qualified data center exempt under section
297A.68, subdivision 42;
147.17(13) materials, supplies, and equipment for qualifying capital projects under section
147.18297A.71, subdivision 44, paragraph (a), clause (1), and paragraph (b)
;
147.19(14) items purchased for use in providing critical access dental services exempt under
147.20section
297A.70, subdivision 7, paragraph (c);
and
147.21(15) items and services purchased under a business subsidy agreement for use or
147.22consumption primarily in greater Minnesota exempt under section
297A.68, subdivision
147.2344
.;
147.24(16) building construction or reconstruction materials, supplies, and equipment purchased
147.25by an entity eligible under section 297A.71, subdivision 49;
147.26(17) building materials, equipment, and supplies for constructing or replacing real
147.27property exempt under section 297A.71, subdivision 50; and
147.28(18) building materials, equipment, and supplies for constructing or replacing real
147.29property exempt under section 297A.71, subdivision 51, paragraph (b).
147.30EFFECTIVE DATE.(a) The amendment adding clause (16) is effective for sales and
147.31purchases made after June 30, 2017.
148.1(b) The amendment adding clause (17) is effective retroactively for sales and purchases
148.2made after December 31, 2015.
148.3(c) The amendment adding clause (18) is effective retroactively for sales and purchases
148.4made after September 30, 2016.
148.5 Sec. 33. Minnesota Statutes 2016, section 297A.75, subdivision 2, is amended to read:
148.6 Subd. 2.
Refund; eligible persons. Upon application on forms prescribed by the
148.7commissioner, a refund equal to the tax paid on the gross receipts of the exempt items
must
148.8be paid to the applicant. Only the following persons may apply for the refund:
148.9 (1) for subdivision 1, clauses (1), (2), and (14), the applicant must be the purchaser;
148.10 (2) for subdivision 1, clause (3), the applicant must be the governmental subdivision;
148.11 (3) for subdivision 1, clause (4), the applicant must be the recipient of the benefits
148.12provided in United States Code, title 38, chapter 21;
148.13 (4) for subdivision 1, clause (5), the applicant must be the owner of the homestead
148.14property;
148.15 (5) for subdivision 1, clause (6), the owner of the qualified low-income housing project;
148.16 (6) for subdivision 1, clause (7), the applicant must be a municipal electric utility
or a
148.17joint venture of municipal electric utilities;
148.18 (7) for subdivision 1, clauses (8), (11), (12), and (15), the owner of the qualifying
148.19business;
and
148.20 (8) for subdivision 1, clauses (9), (10), and (13), the applicant must be the governmental
148.21entity that owns or contracts for the project or facility
.;
148.22 (9) for subdivision 1, clause (16), the applicant must be the entity eligible under
section
148.23297A.71, subdivision 49;
148.24 (10) for subdivision 1, clause (17), the applicant must be the owner or developer
of the
148.25building or project; and
148.26 (11) for subdivision 1, clause (18), the applicant must be the owner or developer
of the
148.27building or project.
148.28EFFECTIVE DATE.(a) The amendment adding clause (9) is effective for sales and
148.29purchases made after June 30, 2017.
149.1(b) The amendment adding clause (10) is effective retroactively for sales and purchases
149.2made after December 31, 2015.
149.3(c) The amendment adding clause (11) is effective retroactively for sales and purchases
149.4made after September 30, 2016.
149.5 Sec. 34. Minnesota Statutes 2016, section 297A.75, subdivision 3, is amended to read:
149.6 Subd. 3.
Application. (a) The application must include sufficient information to permit
149.7the commissioner to verify the tax paid. If the tax was paid by a contractor, subcontractor,
149.8or builder, under subdivision 1, clauses (3) to (13)
, or (15)
, to (18), the contractor,
149.9subcontractor, or builder must furnish to the refund applicant a statement including
the cost
149.10of the exempt items and the taxes paid on the items unless otherwise specifically
provided
149.11by this subdivision. The provisions of sections
289A.40 and
289A.50 apply to refunds under
149.12this section.
149.13 (b) An applicant may not file more than two applications per calendar year for refunds
149.14for taxes paid on capital equipment exempt under section
297A.68, subdivision 5.
149.15EFFECTIVE DATE.This section is effective for sales and purchases made after June
149.1630, 2017.
149.17 Sec. 35. Minnesota Statutes 2016, section 297A.75, subdivision 5, is amended to read:
149.18 Subd. 5.
Appropriation. (a) The amount required to make the refunds is annually
149.19appropriated to the commissioner.
149.20(b) For fiscal years 2018 and 2019 only, revenues dedicated under the Minnesota
149.21Constitution, article XI, section 15, shall not be reduced for any portion of the
refunds paid
149.22for the following exemptions:
149.23(1) the exemption under section 297A.71, subdivision 44, paragraph (b);
149.24(2) the expansion of the exemption under section 297A.68, subdivision 44, due to sections
149.252 and 3; and
149.26(3) the exemptions in section 297A.71, subdivisions 49, 50, and 51.
149.27EFFECTIVE DATE.This section is effective the day following final enactment.
149.28 Sec. 36. Minnesota Statutes 2016, section 297A.94, is amended to read:
149.29297A.94 DEPOSIT OF REVENUES.
150.1(a) Except as provided in this section, the commissioner shall deposit the revenues,
150.2including interest and penalties, derived from the taxes imposed by this chapter in
the state
150.3treasury and credit them to the general fund.
150.4(b) The commissioner shall deposit taxes in the Minnesota agricultural and economic
150.5account in the special revenue fund if:
150.6(1) the taxes are derived from sales and use of property and services purchased for
the
150.7construction and operation of an agricultural resource project; and
150.8(2) the purchase was made on or after the date on which a conditional commitment was
150.9made for a loan guaranty for the project under section
41A.04, subdivision 3.
150.10The commissioner of management and budget shall certify to the commissioner the date
on
150.11which the project received the conditional commitment. The amount deposited in the
loan
150.12guaranty account must be reduced by any refunds and by the costs incurred by the Department
150.13of Revenue to administer and enforce the assessment and collection of the taxes.
150.14(c) The commissioner shall deposit the revenues, including interest and penalties,
derived
150.15from the taxes imposed on sales and purchases included in section
297A.61, subdivision 3,
150.16paragraph (g), clauses (1) and (4), in the state treasury, and credit them as follows:
150.17(1) first to the general obligation special tax bond debt service account in each
fiscal
150.18year the amount required by section
16A.661, subdivision 3, paragraph (b); and
150.19(2) after the requirements of clause (1) have been met, the balance to the general
fund.
150.20(d) The commissioner shall deposit the revenues, including interest and penalties,
150.21collected under section
297A.64, subdivision 5, in the state treasury and credit them to the
150.22general fund. By July 15 of each year the commissioner shall transfer to the highway
user
150.23tax distribution fund an amount equal to the excess fees collected under section
297A.64,
150.24subdivision 5
, for the previous calendar year.
150.25(e) 72.43 percent of the revenues, including interest and penalties, transmitted to
the
150.26commissioner under section
297A.65, must be deposited by the commissioner in the state
150.27treasury as follows:
150.28(1) 50 percent of the receipts must be deposited in the heritage enhancement account
in
150.29the game and fish fund, and may be spent only on activities that improve, enhance,
or protect
150.30fish and wildlife resources, including conservation, restoration, and enhancement
of land,
150.31water, and other natural resources of the state;
151.1(2) 22.5 percent of the receipts must be deposited in the natural resources fund,
and may
151.2be spent only for state parks and trails;
151.3(3) 22.5 percent of the receipts must be deposited in the natural resources fund,
and may
151.4be spent only on metropolitan park and trail grants;
151.5(4) three percent of the receipts must be deposited in the natural resources fund,
and
151.6may be spent only on local trail grants; and
151.7(5) two percent of the receipts must be deposited in the natural resources fund, and
may
151.8be spent only for the Minnesota Zoological Garden, the Como Park Zoo and Conservatory,
151.9and the Duluth Zoo.
151.10(f) The revenue dedicated under paragraph (e) may not be used as a substitute for
151.11traditional sources of funding for the purposes specified, but the dedicated revenue
shall
151.12supplement traditional sources of funding for those purposes. Land acquired with money
151.13deposited in the game and fish fund under paragraph (e) must be open to public hunting
151.14and fishing during the open season, except that in aquatic management areas or on
lands
151.15where angling easements have been acquired, fishing may be prohibited during certain
times
151.16of the year and hunting may be prohibited. At least 87 percent of the money deposited
in
151.17the game and fish fund for improvement, enhancement, or protection of fish and wildlife
151.18resources under paragraph (e) must be allocated for field operations.
151.19(g) The commissioner must deposit the revenues, including interest and penalties minus
151.20any refunds, derived from the sale of items regulated under section 624.20, subdivision
1,
151.21that may be sold to persons 18 years old or older and that are not prohibited from
use by
151.22the general public under section 624.21, in the state treasury and credit:
151.23(1) 25 percent to the volunteer fire assistance grant account established under section
151.2488.068;
151.25(2) 25 percent to the fire safety account established under section 297I.06, subdivision
151.263; and
151.27(3) the remainder to the general fund.
151.28For purposes of this paragraph, the percentage of total sales and use tax revenue
derived
151.29from the sale of items regulated under section 624.20, subdivision 1, that are allowed
to be
151.30sold to persons 18 years old or older and are not prohibited from use by the general
public
151.31under section 624.21, is a set percentage of the total sales and use tax revenues
collected in
151.32the state, with the percentage determined under section 38.
152.1(g) (h) The revenues deposited under paragraphs (a) to
(f) (g) do not include the revenues,
152.2including interest and penalties, generated by the sales tax imposed under section
297A.62,
152.3subdivision 1a
, which must be deposited as provided under the Minnesota Constitution,
152.4article XI, section 15.
152.5EFFECTIVE DATE.This section is effective for sales and purchases made after
152.6December 31, 2017.
152.7 Sec. 37. Minnesota Statutes 2016, section 297A.9905, is amended to read:
152.8297A.9905 USE OF LOCAL TAX REVENUES BY CITIES OF THE FIRST CLASS.
152.9(a) Notwithstanding section
297A.99, or other general or special law or charter provision,
152.10if the revenues from any local tax imposed on retail sales under special law by a
city of the
152.11first class exceeds the amount needed to fund the uses authorized in the special law,
the city
152.12may expend the excess revenue from the tax to fund other capital projects of regional
152.13significance.
152.14(b) For purposes of this section:
152.15(1) "city of the first class" has the meaning given in section
410.01; and
152.16(2) "capital project of regional significance" means construction, expansion, or renovation
152.17of a sports facility or convention or civic center
, that has a construction cost of at least
152.18$40,000,000 that meets the requirements of section 297A.71, subdivision 44, paragraph (a).
152.19EFFECTIVE DATE.This section is effective for sales and purchases made after the
152.20day of final enactment.
152.21 Sec. 38.
CALCULATION OF THE PERCENT OF SALES TAX REVENUE
152.22ATTRIBUTABLE TO THE SALE OF CERTAIN FIREWORKS-RELATED ITEMS.
152.23By December 1, 2017, the commissioner of revenue must estimate the percentage of
152.24total sales tax revenues collected in calendar year 2016 that is attributable to the
sales and
152.25purchases of items regulated under Minnesota Statutes, section 624.20, subdivision
1, that
152.26are allowed to be sold to persons 18 years old or older and that are not prohibited
from use
152.27by the general public under section 624.21. When making the determination, the
152.28commissioner may consult with representatives from producers and retailers, industry
trade
152.29groups, and the most recently available national and state information. The commissioner's
152.30decision is final. The commissioner's determination under this section is not a rule
and is
152.31not subject to Minnesota Statutes, chapter 14, including section 14.386.
153.1EFFECTIVE DATE.This section is effective the day following final enactment.
153.2 Sec. 39.
SALES TAX EXEMPTION FOR CONSTRUCTION MATERIALS USED
153.3BY A NONPROFIT ECONOMIC DEVELOPMENT CORPORATION.
153.4 Subdivision 1. Exemption; refund. Materials and supplies used or consumed in and
153.5equipment incorporated into the construction of a retail development consisting of
retail
153.6space for a grocery store, fueling center, and other retail space by a nonprofit economic
153.7development corporation that is an exempt organization under section 501(c)(3) of
the
153.8Internal Revenue Code are exempt from sales and use tax under Minnesota Statutes,
chapter
153.9297A, provided that the development is located in a city with no grocery store and
the city
153.10is at least 20 miles from another city with a grocery store. The exemption applies
to materials,
153.11supplies, and equipment purchased after January 1, 2013, and before January 1, 2017.
The
153.12tax must be imposed and collected as if the rate in Minnesota Statutes, section 297A.62,
153.13applied and the nonprofit economic development corporation must apply for the refund
of
153.14the tax in the same manner as provided under Minnesota Statutes, section 297A.75,
153.15subdivision 1, clause (11). Notwithstanding Minnesota Statutes, section 289A.40, the
153.16economic development corporation must file for refund by December 31, 2017, for the
sales
153.17and use tax paid on all eligible purchases under this section.
153.18 Subd. 2. Appropriation. The amount required to pay the refunds under subdivision 1,
153.19including refunds that would otherwise reduce the revenues transferred from the general
153.20fund as required under the Minnesota Constitution, article XI, section 15, is appropriated
153.21from the general fund to the commissioner of revenue.
153.22EFFECTIVE DATE.This section is effective the day following final enactment and
153.23applies retroactively to sales and purchases made after January 1, 2013, and before
January
153.241, 2017.
153.25 Sec. 40.
CERTAIN REIMBURSEMENT AUTHORIZED; CONSIDERED
153.26OPERATING OR CAPITAL EXPENSES.
153.27 Subdivision 1. Reimbursement authorized. (a) An amount equivalent to the taxes paid
153.28under Minnesota Statutes, chapter 297A, and any local taxes administered by the Department
153.29of Revenue, on purchases of tangible personal property, nonresidential parking services,
153.30and lodging, as these terms are defined in Minnesota Statutes, chapter 297A, used
and
153.31consumed in connection with Super Bowl LII or related events sponsored by the National
153.32Football League or its affiliates, will be reimbursed by the Minnesota Sports Facilities
153.33Authority up to $1,600,000, if made after June 30, 2016, and before March 1, 2018.
Only
154.1purchases made by the Minnesota Super Bowl Host Committee, the National Football
154.2League or its affiliates, or their employees or independent contractors, qualify to
be
154.3reimbursed under this section.
154.4(b) For purposes of this subdivision:
154.5(1) "employee or independent contractor" means only those employees or independent
154.6contractors that make qualifying purchases that are reimbursed by the Minnesota Super
154.7Bowl Host Committee or the National Football League or its affiliates; and
154.8(2) "related events sponsored by the National Football League or its affiliates" includes
154.9but is not limited to preparatory advance visits, NFL Experience, NFL Tailgate, NFL
Honors,
154.10and NFL House.
154.11 Subd. 2. Operating reserve and capital reserve fund. Notwithstanding the requirements
154.12of Minnesota Statutes, section 473J.13, subdivisions 2 and 4, up to $1,600,000 of
the balance
154.13in the operating reserve or capital reserve fund may be used for the purposes of paying
154.14reimbursements authorized under subdivision 1.
154.15EFFECTIVE DATE.This section is effective for sales and purchases made after June
154.1630, 2016, and before March 1, 2018.
154.17 Sec. 41.
REIMBURSEMENTS TO CERTAIN CONSTITUTIONALLY DEDICATED
154.18FUNDS FOR EXPANDED SALES TAX EXEMPTIONS.
154.19The commissioner of management and budget, by June 15 in fiscal years 2018 and 2019
154.20only, shall increase the revenues transferred from the general fund as required under
the
154.21Minnesota Constitution, article XI, section 15, by an amount equal to the estimated
amount
154.22of reduction to these revenues for that fiscal year due to the enactment of new sales
tax
154.23exemptions or the expansion of existing sales tax exemptions provided in sections
5, 6, 11
154.24to 19, 21 to 27, and 31, the amendments to paragraph (a) and adding paragraph (d)
to
154.25Minnesota Statutes, section 297A.71, subdivision 44, in section 28, and changes in
tobacco
154.26taxes under Minnesota Statutes, chapter 297F, in article 9. The commissioner of revenue
154.27shall make the estimate of this revenue reduction by June 1 of each fiscal year and
inform
154.28the commissioner of management and budget. The appropriations under this section are
154.29onetime and not added to the base budget.
154.30EFFECTIVE DATE.This section is effective the day following final enactment.
155.1 Sec. 42.
SEVERABILITY.
155.2If any provision of sections 7 to 10 or the application thereof is held invalid, such
155.3invalidity shall not affect the provisions or applications of the sections that can
be given
155.4effect without the invalid provisions or applications.
155.5EFFECTIVE DATE.This section is effective the day following final enactment.
155.6 Sec. 43.
EFFECTIVE DATE.
155.7(a) The provisions of sections 7 to 10 are effective at the earlier of:
155.8(1) a decision by the United States Supreme Court modifying its decision in Quill
Corp.
155.9v. North Dakota, 504 U.S. 298 (1992) so that a state may require retailers without
a physical
155.10presence in the state to collect and remit sales tax; or
155.11(2) July 1, 2019.
155.12(b) Notwithstanding paragraph (a) or the provisions of sections 7 to 10, if a federal
law
155.13is enacted authorizing a state to impose a requirement to collect and remit sales
tax on
155.14retailers without a physical presence in the state, the commissioner must enforce
the
155.15provisions of this section and sections 7 to 10 to the extent allowed under federal
law.
155.16(c) The commissioner of revenue shall notify the revisor of statutes when either of
the
155.17provisions in paragraph (a) or (b) apply.
155.20 Section 1. Minnesota Statutes 2016, section 123B.53, subdivision 4, is amended to read:
155.21 Subd. 4.
Debt service equalization revenue. (a) The debt service equalization revenue
155.22of a district equals the sum of the first tier debt service equalization revenue and
the second
155.23tier debt service equalization revenue.
155.24 (b) The first tier debt service equalization revenue of a district equals the greater
of zero
155.25or the eligible debt service revenue minus the amount raised by a levy of
15.74 percent the
155.26first tier initial effort rate times the adjusted net tax capacity of the district minus the second
155.27tier debt service equalization revenue of the district.
155.28 (c) The second tier debt service equalization revenue of a district equals the greater
of
155.29zero or the eligible debt service revenue, minus the amount raised by a levy of 26.24
percent
155.30times the adjusted net tax capacity of the district.
156.1(d) The first tier initial effort rate for fiscal year 2018 is 15.74 percent. The
first tier
156.2initial effort rate for fiscal year 2019 and fiscal year 2020 is ten percent. The
first tier initial
156.3effort rate for fiscal year 2021 and later is 15.74 percent.
156.4EFFECTIVE DATE.This section is effective July 1, 2017.
156.5 Sec. 2. Minnesota Statutes 2016, section 123B.53, subdivision 5, is amended to read:
156.6 Subd. 5.
Equalized debt service levy. (a) The equalized debt service levy of a district
156.7equals the sum of the first tier equalized debt service levy and the second tier equalized
debt
156.8service levy.
156.9(b) A district's first tier equalized debt service levy equals the district's first
tier debt
156.10service equalization revenue times the lesser of one or the ratio of:
156.11(1) the quotient derived by dividing the adjusted net tax capacity of the district
for the
156.12year before the year the levy is certified by the adjusted pupil units in the district
for the
156.13school year ending in the year prior to the year the levy is certified; to
156.14(2)
$3,400 in fiscal year 2016, $4,430 in fiscal year 2017,
and the greater of $4,430 or
156.1555.33 percent of the initial equalizing factor in fiscal year 2018
and later, 75 percent of the
156.16initial equalizing factor in fiscal year 2019 and fiscal year 2020, and 55.33 percent
of the
156.17initial equalizing factor in fiscal year 2021 and later.
156.18(c) A district's second tier equalized debt service levy equals the district's second
tier
156.19debt service equalization revenue times the lesser of one or the ratio of:
156.20(1) the quotient derived by dividing the adjusted net tax capacity of the district
for the
156.21year before the year the levy is certified by the adjusted pupil units in the district
for the
156.22school year ending in the year prior to the year the levy is certified; to
156.23(2) $8,000 in fiscal years 2016 and 2017, and the greater of $8,000 or 100 percent
of
156.24the initial equalizing factor in fiscal year 2018 and later.
156.25(d) For the purposes of this subdivision, the initial equalizing factor equals the
quotient
156.26derived by dividing the total adjusted net tax capacity of all school districts in
the state for
156.27the year before the year the levy is certified by the total number of adjusted pupil
units in
156.28all school districts in the state in the year before the year the levy is certified.
156.29EFFECTIVE DATE.This section is effective July 1, 2017.
157.1 Sec. 3. Minnesota Statutes 2016, section 127A.45, subdivision 10, is amended to read:
157.2 Subd. 10.
Payments to school nonoperating funds. Each fiscal year state general fund
157.3payments for a district nonoperating fund must be made at the current year aid payment
157.4percentage of the estimated entitlement during the fiscal year of the entitlement.
This amount
157.5shall be paid in
12 six equal monthly installments
beginning in July. The amount of the
157.6actual entitlement, after adjustment for actual data, minus the payments made during
the
157.7fiscal year of the entitlement must be paid prior to October 31 of the following school
year.
157.8The commissioner may make advance payments of debt service equalization aid and
157.9state-paid tax credits for a district's debt service fund earlier than would occur
under the
157.10preceding schedule if the district submits evidence showing a serious cash flow problem
in
157.11the fund. The commissioner may make earlier payments during the year and, if necessary,
157.12increase the percent of the entitlement paid to reduce the cash flow problem.
157.13EFFECTIVE DATE.This section is effective beginning with fiscal year 2019.
157.14 Sec. 4.
[273.1387] SCHOOL BUILDING BOND AGRICULTURAL CREDIT.
157.15 Subdivision 1. Eligibility. All class 2a, 2b, and 2c property under section 273.13,
157.16subdivision 23, other than property consisting of the house, garage, and immediately
157.17surrounding one acre of land of an agricultural homestead, is eligible to receive
the credit
157.18under this section.
157.19 Subd. 2. Credit amount. For each qualifying property, the school building bond
157.20agricultural credit is equal to 40 percent of the property's eligible net tax capacity
multiplied
157.21by the school debt tax rate determined under section 275.08, subdivision 1b.
157.22 Subd. 3. Credit reimbursements. The county auditor shall determine the tax reductions
157.23allowed under this section within the county for each taxes payable year and shall
certify
157.24that amount to the commissioner of revenue as a part of the abstracts of tax lists
submitted
157.25under section 275.29. Any prior year adjustments shall also be certified on the abstracts
of
157.26tax lists. The commissioner shall review the certifications for accuracy, and may
make such
157.27changes as are deemed necessary, or return the certification to the county auditor
for
157.28correction. The credit under this section must be used to reduce the school district
net tax
157.29capacity-based property tax as provided in section
273.1393.
157.30 Subd. 4. Payment. The commissioner of revenue shall certify the total of the tax
157.31reductions granted under this section for each taxes payable year within each school
district
157.32to the commissioner of education, who shall pay the reimbursement amounts to each
school
157.33district as provided in section
273.1392.
158.1 Subd. 5. Appropriation. An amount sufficient to make the payments required by this
158.2section is annually appropriated from the general fund to the commissioner of education.
158.3EFFECTIVE DATE.This section is effective beginning with taxes payable in 2018.
158.4 Sec. 5. Minnesota Statutes 2016, section 273.1392, is amended to read:
158.5273.1392 PAYMENT; SCHOOL DISTRICTS.
158.6The amounts of bovine tuberculosis credit reimbursements under section
273.113;
158.7conservation tax credits under section
273.119; disaster or emergency reimbursement under
158.8sections
273.1231 to
273.1235;
homestead and agricultural credits under
section sections
158.9273.1384
and 273.1387; aids and credits under section
273.1398; enterprise zone property
158.10credit payments under section
469.171; and metropolitan agricultural preserve reduction
158.11under section
473H.10 for school districts, shall be certified to the Department of Education
158.12by the Department of Revenue. The amounts so certified shall be paid according to
section
158.13127A.45
, subdivisions 9
, 10, and 13.
158.14EFFECTIVE DATE.This section is effective beginning with taxes payable in 2018.
158.15 Sec. 6. Minnesota Statutes 2016, section 273.1393, is amended to read:
158.16273.1393 COMPUTATION OF NET PROPERTY TAXES.
158.17 Notwithstanding any other provisions to the contrary, "net" property taxes are determined
158.18by subtracting the credits in the order listed from the gross tax:
158.19 (1) disaster credit as provided in sections
273.1231 to
273.1235;
158.20 (2) powerline credit as provided in section
273.42;
158.21 (3) agricultural preserves credit as provided in section
473H.10;
158.22 (4) enterprise zone credit as provided in section
469.171;
158.23 (5) disparity reduction credit;
158.24 (6) conservation tax credit as provided in section
273.119;
158.25 (7)
the school bond credit as provided in section 273.1387;
158.26 (8) agricultural credit as provided in section
273.1384;
158.27 (8) (9) taconite homestead credit as provided in section
273.135;
158.28 (9) (10) supplemental homestead credit as provided in section
273.1391; and
158.29 (10) (11) the bovine tuberculosis zone credit, as provided in section
273.113.
159.1 The combination of all property tax credits must not exceed the gross tax amount.
159.2EFFECTIVE DATE.This section is effective beginning with taxes payable in 2018.
159.3 Sec. 7. Minnesota Statutes 2016, section 275.065, subdivision 3, is amended to read:
159.4 Subd. 3.
Notice of proposed property taxes. (a) The county auditor shall prepare and
159.5the county treasurer shall deliver after November 10 and on or before November 24
each
159.6year, by first class mail to each taxpayer at the address listed on the county's current
year's
159.7assessment roll, a notice of proposed property taxes. Upon written request by the
taxpayer,
159.8the treasurer may send the notice in electronic form or by electronic mail instead
of on paper
159.9or by ordinary mail.
159.10 (b) The commissioner of revenue shall prescribe the form of the notice.
159.11 (c) The notice must inform taxpayers that it contains the amount of property taxes
each
159.12taxing authority proposes to collect for taxes payable the following year. In the
case of a
159.13town, or in the case of the state general tax, the final tax amount will be its proposed
tax.
159.14The notice must clearly state for each city that has a population over 500, county,
school
159.15district, regional library authority established under section
134.201, and metropolitan taxing
159.16districts as defined in paragraph (i), the time and place of a meeting for each taxing
authority
159.17in which the budget and levy will be discussed and public input allowed, prior to
the final
159.18budget and levy determination. The taxing authorities must provide the county auditor
with
159.19the information to be included in the notice on or before the time it certifies its
proposed
159.20levy under subdivision 1. The public must be allowed to speak at that meeting, which
must
159.21occur after November 24 and must not be held before 6:00 p.m. It must provide a telephone
159.22number for the taxing authority that taxpayers may call if they have questions related
to the
159.23notice and an address where comments will be received by mail, except that no notice
159.24required under this section shall be interpreted as requiring the printing of a personal
159.25telephone number or address as the contact information for a taxing authority. If
a taxing
159.26authority does not maintain public offices where telephone calls can be received by
the
159.27authority, the authority may inform the county of the lack of a public telephone number
and
159.28the county shall not list a telephone number for that taxing authority.
159.29 (d) The notice must state for each parcel:
159.30 (1) the market value of the property as determined under section
273.11, and used for
159.31computing property taxes payable in the following year and for taxes payable in the
current
159.32year as each appears in the records of the county assessor on November 1 of the current
159.33year; and, in the case of residential property, whether the property is classified
as homestead
160.1or nonhomestead. The notice must clearly inform taxpayers of the years to which the
market
160.2values apply and that the values are final values;
160.3 (2) the items listed below, shown separately by county, city or town, and state general
160.4tax, agricultural homestead credit under section
273.1384,
school building bond agricultural
160.5credit under section 273.1387, voter approved school levy, other local school levy, and the
160.6sum of the special taxing districts, and as a total of all taxing authorities:
160.7 (i) the actual tax for taxes payable in the current year; and
160.8 (ii) the proposed tax amount.
160.9 If the county levy under clause (2) includes an amount for a lake improvement district
160.10as defined under sections
103B.501 to
103B.581, the amount attributable for that purpose
160.11must be separately stated from the remaining county levy amount.
160.12 In the case of a town or the state general tax, the final tax shall also be its proposed
tax
160.13unless the town changes its levy at a special town meeting under section
365.52. If a school
160.14district has certified under section
126C.17, subdivision 9, that a referendum will be held
160.15in the school district at the November general election, the county auditor must note
next
160.16to the school district's proposed amount that a referendum is pending and that, if
approved
160.17by the voters, the tax amount may be higher than shown on the notice. In the case
of the
160.18city of Minneapolis, the levy for Minneapolis Park and Recreation shall be listed
separately
160.19from the remaining amount of the city's levy. In the case of the city of St. Paul,
the levy for
160.20the St. Paul Library Agency must be listed separately from the remaining amount of
the
160.21city's levy. In the case of Ramsey County, any amount levied under section
134.07 may be
160.22listed separately from the remaining amount of the county's levy. In the case of a
parcel
160.23where tax increment or the fiscal disparities areawide tax under chapter 276A or 473F
160.24applies, the proposed tax levy on the captured value or the proposed tax levy on the
tax
160.25capacity subject to the areawide tax must each be stated separately and not included
in the
160.26sum of the special taxing districts; and
160.27 (3) the increase or decrease between the total taxes payable in the current year and
the
160.28total proposed taxes, expressed as a percentage.
160.29 For purposes of this section, the amount of the tax on homesteads qualifying under
the
160.30senior citizens' property tax deferral program under chapter 290B is the total amount
of
160.31property tax before subtraction of the deferred property tax amount.
160.32 (e) The notice must clearly state that the proposed or final taxes do not include
the
160.33following:
161.1 (1) special assessments;
161.2 (2) levies approved by the voters after the date the proposed taxes are certified,
including
161.3bond referenda and school district levy referenda;
161.4 (3) a levy limit increase approved by the voters by the first Tuesday after the first
Monday
161.5in November of the levy year as provided under section
275.73;
161.6 (4) amounts necessary to pay cleanup or other costs due to a natural disaster occurring
161.7after the date the proposed taxes are certified;
161.8 (5) amounts necessary to pay tort judgments against the taxing authority that become
161.9final after the date the proposed taxes are certified; and
161.10 (6) the contamination tax imposed on properties which received market value reductions
161.11for contamination.
161.12 (f) Except as provided in subdivision 7, failure of the county auditor to prepare
or the
161.13county treasurer to deliver the notice as required in this section does not invalidate
the
161.14proposed or final tax levy or the taxes payable pursuant to the tax levy.
161.15 (g) If the notice the taxpayer receives under this section lists the property as
161.16nonhomestead, and satisfactory documentation is provided to the county assessor by
the
161.17applicable deadline, and the property qualifies for the homestead classification in
that
161.18assessment year, the assessor shall reclassify the property to homestead for taxes
payable
161.19in the following year.
161.20 (h) In the case of class 4 residential property used as a residence for lease or rental
161.21periods of 30 days or more, the taxpayer must either:
161.22 (1) mail or deliver a copy of the notice of proposed property taxes to each tenant,
renter,
161.23or lessee; or
161.24 (2) post a copy of the notice in a conspicuous place on the premises of the property.
161.25 The notice must be mailed or posted by the taxpayer by November 27 or within three
161.26days of receipt of the notice, whichever is later. A taxpayer may notify the county
treasurer
161.27of the address of the taxpayer, agent, caretaker, or manager of the premises to which
the
161.28notice must be mailed in order to fulfill the requirements of this paragraph.
161.29 (i) For purposes of this subdivision and subdivision 6, "metropolitan special taxing
161.30districts" means the following taxing districts in the seven-county metropolitan area
that
161.31levy a property tax for any of the specified purposes listed below:
162.1 (1) Metropolitan Council under section
473.132,
473.167,
473.249,
473.325,
473.446,
162.2473.521
,
473.547, or
473.834;
162.3 (2) Metropolitan Airports Commission under section
473.667,
473.671, or
473.672; and
162.4 (3) Metropolitan Mosquito Control Commission under section
473.711.
162.5 For purposes of this section, any levies made by the regional rail authorities in
the county
162.6of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 398A
162.7shall be included with the appropriate county's levy.
162.8 (j) The governing body of a county, city, or school district may, with the consent
of the
162.9county board, include supplemental information with the statement of proposed property
162.10taxes about the impact of state aid increases or decreases on property tax increases
or
162.11decreases and on the level of services provided in the affected jurisdiction. This
supplemental
162.12information may include information for the following year, the current year, and
for as
162.13many consecutive preceding years as deemed appropriate by the governing body of the
162.14county, city, or school district. It may include only information regarding:
162.15 (1) the impact of inflation as measured by the implicit price deflator for state and
local
162.16government purchases;
162.17 (2) population growth and decline;
162.18 (3) state or federal government action; and
162.19 (4) other financial factors that affect the level of property taxation and local services
162.20that the governing body of the county, city, or school district may deem appropriate
to
162.21include.
162.22 The information may be presented using tables, written narrative, and graphic
162.23representations and may contain instruction toward further sources of information
or
162.24opportunity for comment.
162.25EFFECTIVE DATE.This section is effective beginning with taxes payable in 2018.
162.26 Sec. 8. Minnesota Statutes 2016, section 275.07, subdivision 2, is amended to read:
162.27 Subd. 2.
School district in more than one county levies; special requirements. (a) In
162.28school districts lying in more than one county, the clerk shall certify the tax levied
to the
162.29auditor of the county in which the administrative offices of the school district are
located.
162.30(b) The district must identify the portion of the school district levy that is levied
for debt
162.31service at the time the levy is certified under this section. For the purposes of
this paragraph,
163.1"levied for debt service" means levies authorized under sections 123B.53, 123B.535,
and
163.2123B.55, as adjusted by sections 126C.46 and 126C.48, net of any debt excess levy
reductions
163.3under section 475.61, subdivision 4, excluding debt service amounts necessary for
repayment
163.4of other postemployment benefits under section 475.52, subdivision 6.
163.5EFFECTIVE DATE.This section is effective beginning with taxes payable in 2018.
163.6 Sec. 9. Minnesota Statutes 2016, section 275.08, subdivision 1b, is amended to read:
163.7 Subd. 1b.
Computation of tax rates. (a) The amounts certified to be levied against net
163.8tax capacity under section
275.07 by an individual local government unit shall be divided
163.9by the total net tax capacity of all taxable properties within the local government
unit's
163.10taxing jurisdiction. The resulting ratio, the local government's local tax rate, multiplied
by
163.11each property's net tax capacity shall be each property's net tax capacity tax for
that local
163.12government unit before reduction by any credits.
163.13(b) The auditor must also determine the school debt tax rate for each school district
equal
163.14to (1) the school debt service levy certified under section 275.07, subdivision 2,
divided by
163.15(2) the total net tax capacity of all taxable property within the district.
163.16(c) Any amount certified to the county auditor to be levied against market value shall
163.17be divided by the total referendum market value of all taxable properties within the
taxing
163.18district. The resulting ratio, the taxing district's new referendum tax rate, multiplied
by each
163.19property's referendum market value shall be each property's new referendum tax before
163.20reduction by any credits. For the purposes of this subdivision, "referendum market
value"
163.21means the market value as defined in section
126C.01, subdivision 3.
163.22EFFECTIVE DATE.This section is effective beginning with taxes payable in 2018.
163.23 Sec. 10. Minnesota Statutes 2016, section 276.04, subdivision 2, is amended to read:
163.24 Subd. 2.
Contents of tax statements. (a) The treasurer shall provide for the printing of
163.25the tax statements. The commissioner of revenue shall prescribe the form of the property
163.26tax statement and its contents. The tax statement must not state or imply that property
tax
163.27credits are paid by the state of Minnesota. The statement must contain a tabulated
statement
163.28of the dollar amount due to each taxing authority and the amount of the state tax
from the
163.29parcel of real property for which a particular tax statement is prepared. The dollar
amounts
163.30attributable to the county, the state tax, the voter approved school tax, the other
local school
163.31tax, the township or municipality, and the total of the metropolitan special taxing
districts
163.32as defined in section
275.065, subdivision 3, paragraph (i), must be separately stated. The
164.1amounts due all other special taxing districts, if any, may be aggregated except that
any
164.2levies made by the regional rail authorities in the county of Anoka, Carver, Dakota,
Hennepin,
164.3Ramsey, Scott, or Washington under chapter 398A shall be listed on a separate line
directly
164.4under the appropriate county's levy. If the county levy under this paragraph includes
an
164.5amount for a lake improvement district as defined under sections
103B.501 to
103B.581,
164.6the amount attributable for that purpose must be separately stated from the remaining
county
164.7levy amount. In the case of Ramsey County, if the county levy under this paragraph
includes
164.8an amount for public library service under section
134.07, the amount attributable for that
164.9purpose may be separated from the remaining county levy amount. The amount of the
tax
164.10on homesteads qualifying under the senior citizens' property tax deferral program
under
164.11chapter 290B is the total amount of property tax before subtraction of the deferred
property
164.12tax amount. The amount of the tax on contamination value imposed under sections
270.91
164.13to
270.98, if any, must also be separately stated. The dollar amounts, including the dollar
164.14amount of any special assessments, may be rounded to the nearest even whole dollar.
For
164.15purposes of this section whole odd-numbered dollars may be adjusted to the next higher
164.16even-numbered dollar. The amount of market value excluded under section
273.11,
164.17subdivision 16
, if any, must also be listed on the tax statement.
164.18 (b) The property tax statements for manufactured homes and sectional structures taxed
164.19as personal property shall contain the same information that is required on the tax
statements
164.20for real property.
164.21 (c) Real and personal property tax statements must contain the following information
164.22in the order given in this paragraph. The information must contain the current year
tax
164.23information in the right column with the corresponding information for the previous
year
164.24in a column on the left:
164.25 (1) the property's estimated market value under section
273.11, subdivision 1;
164.26 (2) the property's homestead market value exclusion under section
273.13, subdivision
164.2735;
164.28 (3) the property's taxable market value under section
272.03, subdivision 15;
164.29 (4) the property's gross tax, before credits;
164.30 (5) for
homestead agricultural properties, the
credit credits under
section sections
164.31273.1384 and 273.1387
;
164.32 (6) any credits received under sections
273.119;
273.1234 or
273.1235;
273.135;
164.33273.1391
;
273.1398, subdivision 4;
469.171; and
473H.10, except that the amount of credit
165.1received under section
273.135 must be separately stated and identified as "taconite tax
165.2relief"; and
165.3 (7) the net tax payable in the manner required in paragraph (a).
165.4 (d) If the county uses envelopes for mailing property tax statements and if the county
165.5agrees, a taxing district may include a notice with the property tax statement notifying
165.6taxpayers when the taxing district will begin its budget deliberations for the current
year,
165.7and encouraging taxpayers to attend the hearings. If the county allows notices to
be included
165.8in the envelope containing the property tax statement, and if more than one taxing
district
165.9relative to a given property decides to include a notice with the tax statement, the
county
165.10treasurer or auditor must coordinate the process and may combine the information on
a
165.11single announcement.
165.12EFFECTIVE DATE.This section is effective beginning with taxes payable in 2018.
165.13 Sec. 11. Minnesota Statutes 2016, section 469.169, is amended by adding a subdivision
165.14to read:
165.15 Subd. 20. Additional border city allocations. (a) In addition to the tax reductions
165.16authorized in subdivisions 12 to 19, the commissioner shall allocate $3,000,000 for
tax
165.17reductions to border city enterprise zones in cities located on the western border
of the state.
165.18The commissioner shall allocate this amount among cities on a per capita basis. Allocations
165.19under this subdivision may be used for tax reductions under sections 469.171, 469.1732,
165.20and 469.1734, or for other offsets of taxes imposed on or remitted by businesses located
in
165.21the enterprise zone, but only if the municipality determines that the granting of
the tax
165.22reduction or offset is necessary to retain a business within or attract a business
to the zone.
165.23(b) The allocations under this subdivision do not cancel or expire, but remain available
165.24until used by the city.
165.25EFFECTIVE DATE.This section is effective July 1, 2017.
165.26 Sec. 12. Minnesota Statutes 2016, section 477A.011, subdivision 34, is amended to read:
165.27 Subd. 34.
City revenue need. (a) For a city with a population equal to or greater than
165.2810,000, "city revenue need" is 1.15 times the sum of (1) 4.59 times the pre-1940 housing
165.29percentage; plus (2) 0.622 times the percent of housing built between 1940 and 1970;
plus
165.30(3) 169.415 times the jobs per capita; plus (4) the sparsity adjustment; plus (5)
307.664.
165.31 (b) For a city with a population equal to or greater than 2,500 and less than 10,000,
"city
165.32revenue need" is 1.15 times the sum of (1) 572.62; plus (2) 5.026 times the pre-1940
housing
166.1percentage; minus (3) 53.768 times household size; plus (4) 14.022 times peak population
166.2decline
; plus (5) the sparsity adjustment.
166.3 (c) For a city with a population less than 2,500, "city revenue need" is the sum of
(1)
166.4410 plus
; (2) 0.367 times the city's population over 100
; plus (3) the sparsity adjustment.
166.5The city revenue need
for a city under this paragraph shall not exceed 630
plus the city's
166.6sparsity adjustment.
166.7 (d) For a city with a population of at least 2,500 but less than 3,000, the "city
revenue
166.8need" equals (1) the transition factor times the city's revenue need calculated in
paragraph
166.9(b); plus (2) 630 times the difference between one and the transition factor. For
a city with
166.10a population of at least 10,000 but less than
10,500 11,000, the "city revenue need" equals
166.11(1) the transition factor times the city's revenue need calculated in paragraph (a);
plus (2)
166.12the city's revenue need calculated under the formula in paragraph (b) times the difference
166.13between one and the transition factor. For purposes of
the first sentence of this paragraph
166.14"transition factor" is 0.2 percent times the amount that the city's population exceeds
the
166.15minimum threshold in either of the first two sentences.
For purposes of the second sentence
166.16of this paragraph, "transition factor" is 0.1 percent times the amount that the city's
population
166.17exceeds the minimum threshold.
166.18 (e) The city revenue need cannot be less than zero.
166.19 (f) For calendar year 2015 and subsequent years, the city revenue need for a city,
as
166.20determined in paragraphs (a) to (e), is multiplied by the ratio of the annual implicit
price
166.21deflator for government consumption expenditures and gross investment for state and
local
166.22governments as prepared by the United States Department of Commerce, for the most
166.23recently available year to the 2013 implicit price deflator for state and local government
166.24purchases.
166.25EFFECTIVE DATE.This section is effective for aids payable in calendar year 2018
166.26and thereafter.
166.27 Sec. 13. Minnesota Statutes 2016, section 477A.011, subdivision 45, is amended to read:
166.28 Subd. 45.
Sparsity adjustment. For a city with a population of 10,000 or more, the
166.29sparsity adjustment is 100 for any city with an average population density less than
150 per
166.30square mile, according to the most recent federal census
, and. For a city with a population
166.31less than 10,000, the sparsity adjustment is 200 for any city with an average population
166.32density less than 30 per square mile, according to the most recent federal census. The sparsity
166.33adjustment is zero for all other cities.
167.1EFFECTIVE DATE.This section is effective for aids payable in calendar year 2018
167.2and thereafter.
167.3 Sec. 14.
[477A.0126] REIMBURSEMENT OF COUNTY AND TRIBES FOR
167.4CERTAIN OUT-OF-HOME PLACEMENT.
167.5 Subdivision 1. Definition. For purposes of this section, "out-of-home placement" means
167.624-hour substitute care for an Indian child as defined by section 260C.007, subdivision
21,
167.7placed under chapter 260C and the Indian Child Welfare Act (ICWA), away from the child's
167.8parent or guardian and for whom the county social services agency or county correctional
167.9agency has been assigned responsibility for the child's placement and care, which
includes
167.10placement in foster care under section 260C.007, subdivision 18, and a correctional
facility
167.11pursuant to a court order.
167.12 Subd. 2. Determination of nonfederal share of costs. (a) By July 1, 2017, each county
167.13shall report the following information to the commissioners of human services and
167.14corrections: (1) the separate amounts paid out of the county's social service agency
and its
167.15corrections budget for out-of-home placement of children under the ICWA in calendar
years
167.162013, 2014, and 2015; and (2) the number of case days associated with the expenditures
167.17from each budget. The commissioner of human services shall prescribe the format of
the
167.18report. By July 15, 2017, the commissioner of human services, in consultation with
the
167.19commissioner of corrections, shall certify to the commissioner of revenue and to the
167.20legislative committees with jurisdiction over local government aids and out-of-home
167.21placement funding whether the data reported under this subdivision accurately reflect
total
167.22expenditures by counties for out-of-home placement costs of children under the ICWA.
167.23(b) By January 1, 2018, and each January 1 thereafter, each county shall report to
the
167.24commissioners of human services and corrections the separate amounts paid out of the
167.25county's social service agency and its corrections budget for out-of-home placement
of
167.26children under the ICWA in the calendar years two years before the current calendar
year
167.27along with the number of case days associated with the expenditures from each budget.
The
167.28commissioner of human services shall prescribe the format of the report.
167.29(c) Until the commissioner of human services develops another mechanism for collecting
167.30and verifying data on out-of-home placements of children under the ICWA, and the
167.31legislature authorizes the use of that data, the data collected under this subdivision
must be
167.32used to calculate payments under subdivision 3. The commissioner of human services
shall
167.33certify the nonfederal out-of-home placement costs for the three prior calendar years
for
167.34each county and the amount of any federal reimbursement received by a tribe under
the
168.1ICWA for the three prior calendar years to the commissioner of revenue by June 1 of
the
168.2year before the aid payment.
168.3 Subd. 3. Aid for counties. For aids payable in calendar year 2018 and thereafter, the
168.4amount of reimbursement to each county is a county's proportionate share of the appropriation
168.5in subdivision 6 that remains after the aid for tribes has been paid. Each county's
168.6proportionate share is based on the county's average nonfederal share of the cost
for
168.7out-of-home placement of children under the ICWA for the three calendar years that
were
168.8certified by the commissioner of human services by June 1 of the prior year, provided
that
168.9the commissioner of human services, in consultation with the commissioner of corrections,
168.10certifies to the commissioner of revenue that accurate data are available to make
the aid
168.11determination under this section. For aids payable in calendar year 2018, each county's
168.12proportionate share is based on the county's nonfederal share of the cost for out-of-home
168.13placement of children under the ICWA that was certified by the commissioner of human
168.14services by July 15, 2017.
168.15 Subd. 4. Aid for tribes. For aids payable in 2018 and thereafter, the amount of
168.16reimbursement to each tribe shall be the greater of (1) five percent of the average
168.17reimbursement amount received from the federal government for out-of-home placement
168.18costs for the three calendar years that were certified by June 1 of the prior year,
or (2)
168.19$200,000.
168.20 Subd. 5. Payments. The commissioner of revenue must compute the amount of the
168.21reimbursement aid payable to each county and tribe under this section. On or before
August
168.221 of each year, the commissioner shall certify the amount to be paid to each county
and
168.23tribe in the following year. The commissioner shall pay reimbursement aid annually
at the
168.24times provided in section 477A.015.
168.25 Subd. 6. Appropriation. $2,000,000 is annually appropriated to the commissioner of
168.26revenue from the general fund to pay aid under this section.
168.27EFFECTIVE DATE.This section is effective beginning with aids payable in 2018.
168.28 Sec. 15. Minnesota Statutes 2016, section 477A.013, subdivision 8, is amended to read:
168.29 Subd. 8.
City formula aid. (a) For aids payable in
2015 2018 and thereafter, the formula
168.30aid for a city is equal to
the sum of (1) its formula aid in the previous year and (2) the product
168.31of
(i) (1) the difference between its unmet need and its
formula certified aid in the previous
168.32year
and before any aid adjustment under subdivision 13, and
(ii) (2) the aid gap percentage.
169.1 (b) For aids payable in 2015 and thereafter, if a city's certified aid from the previous
169.2year is greater than the sum of its unmet need plus its aid adjustment under subdivision
13,
169.3its formula aid is adjusted to equal its unmet need.
169.4 (c) No city may have a formula aid amount less than zero. The aid gap percentage must
169.5be the same for all cities subject to paragraph (a).
169.6 (d) (b) The applicable aid gap percentage must be calculated by the Department of
169.7Revenue so that the total of the aid under subdivision 9 equals the total amount available
169.8for aid under section
477A.03.
The aid gap percentage must be the same for all cities subject
169.9to paragraph (a). Data used in calculating aids to cities under sections
477A.011 to
477A.013
169.10shall be the most recently available data as of January 1 in the year in which the
aid is
169.11calculated.
169.12EFFECTIVE DATE.This section is effective for aids payable in calendar year 2018
169.13and thereafter.
169.14 Sec. 16. Minnesota Statutes 2016, section 477A.013, subdivision 9, is amended to read:
169.15 Subd. 9.
City aid distribution. (a) In calendar year
2014 2018 and thereafter,
each city
169.16if a city's certified aid before any aid adjustment under subdivision 13 for the previous
year
169.17is less than its current unmet need, the city shall receive an aid distribution equal to the sum
169.18of (1)
its certified aid in the previous year before any aid adjustment under subdivision
13,
169.19(2) the city formula aid under subdivision 8, and
(2) (3) its aid adjustment under subdivision
169.2013.
169.21 (b) For aids payable in
2015 2018 and thereafter,
if a city's certified aid before any aid
169.22adjustment under subdivision 13 for the previous year is equal to or greater than
its current
169.23unmet need, the total aid for a city
must not be less than is equal to the greater of (1) its
169.24unmet need plus any aid adjustment under subdivision 13, or (2) the amount it was certified
169.25to receive in the previous year minus the lesser of $10 multiplied by its population,
or five
169.26percent of its net levy in the year prior to the aid distribution.
No city may have a total aid
169.27amount less than $0.
169.28EFFECTIVE DATE.This section is effective for aids payable in calendar year 2018
169.29and thereafter.
169.30 Sec. 17. Minnesota Statutes 2016, section 477A.013, subdivision 13, is amended to read:
169.31 Subd. 13.
Certified aid adjustments. (a) A city that received an aid base increase under
169.32Minnesota Statutes 2012, section
477A.011, subdivision 36, paragraph (e), shall have its
170.1total aid under subdivision 9 increased by an amount equal to $150,000 for aids payable
in
170.22014 through 2018.
170.3(b) A city that received an aid base increase under
Minnesota Statutes 2012, section
170.4477A.011, subdivision 36
, paragraph (r), shall have its total aid under subdivision 9 increased
170.5by an amount equal to $160,000 for aids payable in 2014 and thereafter.
170.6(c) A city that received a temporary aid increase under Minnesota Statutes 2012, section
170.7477A.011, subdivision 36
, paragraph (o), shall have its total aid under subdivision 9 increased
170.8by an amount equal to $1,000,000 for aids payable in 2014 only.
170.9(d) For aids payable in 2018 only, a city whose certified aid in the previous year,
before
170.10any adjustment under this section, is less than its unmet need in the current year
shall receive
170.11a temporary increase equal to a percentage of the difference between (1) its unmet
need,
170.12and (2) its certified aid in the previous year before any adjustments under this section.
The
170.13commissioner will calculate this percentage, which shall be the same for all cities
eligible
170.14for this adjustment, so the total aid paid to all cities under this paragraph equals
$6,000,000.
170.15EFFECTIVE DATE.This section is effective for aids payable in calendar year 2018
170.16and thereafter.
170.17 Sec. 18.
[477A.0175] AID REDUCTIONS FOR OPERATING AN UNAUTHORIZED
170.18DIVERSION PROGRAM.
170.19 Subdivision 1. Penalty for operating an unauthorized diversion program.
170.20Notwithstanding any other law to the contrary, a county or city that operated a pretrial
170.21diversion program that a court determines was not authorized under section 169.999
or
170.22another statute or law must have its aid under sections 477A.011 to 477A.03 reduced
by
170.23the amount of fees paid by participants into the program for the years in which the
program
170.24operated. A court shall report any order that enjoins a county or city from operating
a pretrial
170.25diversion program to the commissioner as required under subdivision 2. The commissioner
170.26shall, with the assistance of the state auditor, determine the amount of fees collected
under
170.27the diversion program and reduce the county program aid paid to a county or the local
170.28government aid paid to a city by this amount beginning with the first aid payment
made
170.29after the reduction amount is determined. No aid payment may be less than zero but
the
170.30amount of the reduction that cannot be made out of that payment shall be applied to
future
170.31payments until the total amount has been deducted.
170.32 Subd. 2. Court challenge to authority to operate a pretrial diversion program. Any
170.33taxpayer may challenge a city or county operation of a pretrial diversion program
by filing
171.1a declaratory judgment action or seeking other appropriate relief in the district
court for the
171.2county where the city is located or in any other court of competent jurisdiction.
If the court
171.3finds that the county or city has exceeded its authority under law in operating the
pretrial
171.4diversion program, the court must transmit a copy of the court order to the commissioner
171.5of revenue.
171.6EFFECTIVE DATE.This section is effective the day following final enactment and
171.7applies beginning with the second aid payments under Minnesota Statutes, section 477A.015
171.8in calendar year 2017.
171.9 Sec. 19. Minnesota Statutes 2016, section 477A.03, subdivision 2a, is amended to read:
171.10 Subd. 2a.
Cities. The total aid paid under section
477A.013, subdivision 9, is
171.11$516,898,012 for aids payable in 2015. For aids payable in 2016 and
thereafter 2017, the
171.12total aid paid under section
477A.013, subdivision 9, is $519,398,012
. For aids payable in
171.132018, the total aid paid under section 477A.013, subdivision 9, is $525,398,012. For
aids
171.14payable in 2019 and thereafter, the total aid paid under section 477A.013, subdivision
9, is
171.15$519,398,012.
171.16EFFECTIVE DATE.This section is effective for aids payable in calendar year 2018
171.17and thereafter.
171.18 Sec. 20. Minnesota Statutes 2016, section 477A.03, subdivision 2b, is amended to read:
171.19 Subd. 2b.
Counties. (a) For aids payable in 2014
and thereafter through 2017, the total
171.20aid payable under section
477A.0124, subdivision 3, is $100,795,000.
For aids payable in
171.212018, the total aid payable under section 477A.0124, subdivision 3, is $106,795,000,
of
171.22which $3,000,000 shall be allocated as required under Laws 2014, chapter 150, article
4,
171.23section 6. For aids payable in 2019 through 2024, the total aid payable under section
171.24477A.0124, subdivision 3, is $103,795,000 of which $3,000,000 shall be allocated as
required
171.25under Laws 2014, chapter 150, article 4, section 6. For aids payable in 2025 and thereafter,
171.26the total aid payable under section 477A.0124, subdivision 3, is $100,795,000. Each calendar
171.27year, $500,000 of this appropriation shall be retained by the commissioner of revenue
to
171.28make reimbursements to the commissioner of management and budget for payments made
171.29under section
611.27. The reimbursements shall be to defray the additional costs associated
171.30with court-ordered counsel under section
611.27. Any retained amounts not used for
171.31reimbursement in a year shall be included in the next distribution of county need
aid that
171.32is certified to the county auditors for the purpose of property tax reduction for
the next taxes
171.33payable year.
172.1 (b) For aids payable in
2014 and thereafter 2017, the total aid under section
477A.0124,
172.2subdivision 4
, is $104,909,575.
For aids payable in 2018, the total aid payable under section
172.3477A.0124, subdivision 4, is $107,909,575. For aids payable in 2019 and thereafter,
the
172.4total aid payable under section 477A.0124, subdivision 4, is $104,909,575. The commissioner
172.5of revenue shall transfer to the commissioner of management and budget $207,000 annually
172.6for the cost of preparation of local impact notes as required by section
3.987, and other local
172.7government activities. The commissioner of revenue shall transfer to the commissioner
of
172.8education $7,000 annually for the cost of preparation of local impact notes for school
districts
172.9as required by section
3.987. The commissioner of revenue shall deduct the amounts
172.10transferred under this paragraph from the appropriation under this paragraph. The
amounts
172.11transferred are appropriated to the commissioner of management and budget and the
172.12commissioner of education respectively.
172.13EFFECTIVE DATE.This section is effective for aids payable in 2018 and thereafter.
172.14 Sec. 21.
[477A.09] MAXIMUM EFFORT LOAN AID.
172.15(a) For fiscal years 2018 to 2022, each school district with a maximum effort loan
under
172.16sections 126C.61 to 126C.72, outstanding as of June 30, 2016, is eligible for an aid
payment
172.17equal to one-fifth of the amount of interest that was paid on the loan between December
1,
172.181990, and June 30, 2016. A school district with a maximum effort capital loan outstanding
172.19as of June 30, 2017, is eligible for an annual aid payment equal to one-fifth of the
estimated
172.20amount of interest that will be paid by the district on the loan between June 30,
2017, and
172.21June 30, 2021. Aid payments under this section must be used to reduce current year
property
172.22taxes levied on net tax capacity within the district or to reduce future years' tax
levies by:
172.23(1) retaining payments made under this section in the district's debt redemption fund
for
172.24up to 20 years, notwithstanding the two-year limit under section 475.61, subdivision
3; or
172.25(2) financing a defeasance of any future payments on outstanding bonded debt.
172.26(b) Aid under this section must be paid in fiscal years 2018 to 2022. An amount sufficient
172.27to make aid payments under this section is annually appropriated from the general
fund to
172.28the commissioner of education.
172.29EFFECTIVE DATE.This section is effective for fiscal years 2018 to 2022.
172.30 Sec. 22. Minnesota Statutes 2016, section 477A.12, subdivision 1, is amended to read:
172.31 Subdivision 1.
Types of land; payments. The following amounts are annually
172.32appropriated to the commissioner of natural resources from the general fund for transfer
to
173.1the commissioner of revenue. The commissioner of revenue shall pay the transferred
funds
173.2to counties as required by sections
477A.11 to
477A.14. The amounts, based on the acreage
173.3as of July 1 of each year prior to the payment year, are:
173.4(1) $5.133 multiplied by the total number of acres of acquired natural resources land
or,
173.5at the county's option three-fourths of one percent of the appraised value of all
acquired
173.6natural resources land in the county, whichever is greater;
173.7(2) $5.133, multiplied by the total number of acres of transportation wetland or,
at the
173.8county's option, three-fourths of one percent of the appraised value of all transportation
173.9wetland in the county, whichever is greater;
173.10(3) $5.133, multiplied by the total number of acres of wildlife management land, or,
at
173.11the county's option, three-fourths of one percent of the appraised value of all wildlife
173.12management land in the county, whichever is greater;
173.13(4) 50 percent of the dollar amount as determined under clause (1), multiplied by
the
173.14number of acres of military refuge land in the county;
173.15(5)
$1.50 $2, multiplied by the number of acres of county-administered other natural
173.16resources land in the county;
173.17(6) $5.133, multiplied by the total number of acres of land utilization project land
in the
173.18county;
173.19(7)
$1.50 $2, multiplied by the number of acres of commissioner-administered other
173.20natural resources land in the county; and
173.21 (8) without regard to acreage, and notwithstanding the rules adopted under section
173.2284A.55
, $300,000 for local assessments under section
84A.55, subdivision 9, that shall be
173.23divided and distributed to the counties containing state-owned lands within a conservation
173.24area in proportion to each county's percentage of the total annual ditch assessments.
173.25EFFECTIVE DATE.This section is effective for payments made in calendar year 2018
173.26and thereafter.
173.27 Sec. 23. Minnesota Statutes 2016, section 477A.17, is amended to read:
173.28477A.17 LAKE VERMILION-SOUDAN UNDERGROUND MINE STATE PARK;
173.29ANNUAL PAYMENTS.
173.30 (a) In lieu of the payment amount provided under section
477A.12, subdivision 1, clause
173.31(1), the county shall receive an annual payment for state-owned land within the boundary
174.1of Lake Vermilion-Soudan Underground Mine State Park, established in section
85.012,
174.2subdivision 38a, equal to 1.5 percent of the appraised value of the state-owned land.
174.3 (b) For the purposes of this section, the appraised value of the land acquired for
Lake
174.4Vermilion-Soudan Underground Mine State Park for the first five years after acquisition
174.5shall be the purchase price of the land, plus the value of any portion of the land
that is
174.6acquired by donation. Thereafter, the appraised value of the state-owned land shall
be as
174.7determined under section
477A.12, subdivision 3, except that the appraised value of the
174.8state-owned land within the park shall not be reduced below the 2010 appraised value
of
174.9the land.
174.10 (c) The annual payments under this section shall be distributed to the taxing jurisdictions
174.11containing the property as follows: one-third to the school districts; one-third to
the town;
174.12and one-third to the county. The payment to school districts is not a county apportionment
174.13under section
127A.34 and is not subject to aid recapture. Each of those taxing jurisdictions
174.14may use the payments for their general purposes.
174.15 (d) Except as provided in this section, the payments shall be made as provided in
sections
174.16477A.11
to
477A.13.
174.17EFFECTIVE DATE.This section is effective beginning with aids payable in 2017.
174.18For aids payable in 2017, the commissioner of natural resources must recertify the
amounts
174.19under this section to the commissioner of revenue by June 15, 2017.
174.20 Sec. 24.
BASE YEAR FORMULA AID FOR NEWLY INCORPORATED CITY.
174.21For a city that incorporated on October 13, 2015, and first qualifies for aid under
174.22Minnesota Statutes, section 477A.013, subdivisions 8 and 9, in 2017, the city's certified
aid
174.23for 2017, used in calculating aid payable in 2018, shall be deemed to equal $95 multiplied
174.24by its 2014 population.
174.25EFFECTIVE DATE.This section is effective for aids payable in 2018.
174.26 Sec. 25.
2013 CITY AID PENALTY FORGIVENESS; CITY OF OSLO.
174.27Notwithstanding Minnesota Statutes, section 477A.017, subdivision 3, the city of Oslo
174.28shall receive the portion of its aid payment for calendar year 2013 under Minnesota
Statutes,
174.29section 477A.013, that was withheld under Minnesota Statutes, section 477A.017, subdivision
174.303, provided that the state auditor certifies to the commissioner of revenue that it
received
174.31audited financial statements from the city for calendar year 2012 by December 31,
2013.
174.32The commissioner of revenue shall make a payment of $37,473.50 with the first payment
175.1of aids under Minnesota Statutes, section 477A.015. $37,473.50 is appropriated from
the
175.2general fund to the commissioner of revenue in fiscal year 2018 to make this payment.
175.3EFFECTIVE DATE.This section is effective the day following final enactment.
175.4 Sec. 26.
2014 AID PENALTY FORGIVENESS.
175.5(a) Notwithstanding Minnesota Statutes, section 477A.017, subdivision 3, the cities
of
175.6Dundee, Jeffers, and Woodstock shall receive all of their calendar year 2014 aid payment
175.7that was withheld under Minnesota Statutes, section 477A.017, subdivision 3, provided
that
175.8the state auditor certifies to the commissioner of revenue that the city complied
with all
175.9reporting requirements under Minnesota Statutes, section 477A.017, subdivision 3,
for
175.10calendar years 2013 and 2014 by June 1, 2015.
175.11(b) The commissioner of revenue shall make payment to each city no later than July
20,
175.122017. Up to $101,570 in fiscal year 2018 is appropriated from the general fund to
the
175.13commissioner of revenue to make the payments under this section.
175.14EFFECTIVE DATE.This section is effective the day following final enactment.
175.15 Sec. 27.
CITY OF TAYLORS FALLS; DEVELOPMENT ZONE.
175.16 Subdivision 1. Authorization. The governing body of the city of Taylors Falls may
175.17designate all or any part of the city as a development zone under Minnesota Statutes,
section
175.18469.1731.
175.19 Subd. 2. Application of general law. (a) Minnesota Statutes, sections 469.1731 to
175.20469.1735, apply to the development zones designated under this section. The governing
175.21body of the city may exercise the powers granted under Minnesota Statutes, sections
469.1731
175.22to 469.1735, including powers that apply outside of the zones.
175.23(b) The allocation under subdivision 3 for purposes of Minnesota Statutes, section
175.24469.1735, subdivision 2, is appropriated to the commissioner of revenue.
175.25 Subd. 3. Allocation of state tax reductions. (a) The cumulative total amount of the
175.26state portion of the tax reductions for all years of the program under Minnesota Statutes,
175.27sections 469.1731 to 469.1735, for the city of Taylors Falls, is limited to $50,000.
To provide
175.28the authority under this section, the amount of the allocation for border cities under
Minnesota
175.29Statutes, section 469.169, in this act is reduced by $50,000.
175.30(b) This allocation may be used for tax reductions provided in Minnesota Statutes,
section
175.31469.1732 or 469.1734, or for reimbursements under Minnesota Statutes, section 469.1735,
176.1subdivision 3, but only if the governing body of the city of Taylors Falls determines
that
176.2the tax reduction or offset is necessary to enable a business to expand within the
city or to
176.3attract a business to the city.
176.4(c) The commissioner of revenue may waive the limit under this subdivision using the
176.5same rules and standards provided in Minnesota Statutes, section 469.169, subdivision
12,
176.6paragraph (b).
176.7EFFECTIVE DATE.This section is effective July 1, 2017, and does not require local
176.8approval pursuant to Minnesota Statutes, section 645.023, subdivision 1, paragraph
(a).
176.9 Sec. 28.
REPORT ON RENT CONSTITUTING PROPERTY TAXES.
176.10 Subdivision 1. Definitions. (a) For purposes of this section, the following terms have
176.11the meaning given.
176.12(b) "Commissioner" means the commissioner of revenue.
176.13(c) "Renter property tax refund" means the refund for renters allowed under Minnesota
176.14Statutes, chapter 290A.
176.15 Subd. 2. Report required. (a) By March 1, 2018, the commissioner must report to the
176.16committees of the house of representatives and senate with jurisdiction over taxes
on the
176.17percentage of rent constituting property taxes used in determining the renter property
tax
176.18refund. The report must be in compliance with Minnesota Statutes, sections 3.195 and
3.197.
176.19(b) The report must include estimates of rent constituting property tax for the following
176.20geographic regions:
176.21(1) the city of Minneapolis;
176.22(2) the city of St. Paul;
176.23(3) the counties of Anoka; Dakota; Hennepin, excluding the city of Minneapolis; and
176.24Ramsey, excluding the city of St. Paul; and
176.25(4) the remainder of the state.
176.26The commissioner must prepare the estimates by determining the property taxes attributable
176.27to rental units for which renters submitted claims for the renter property tax refund
based
176.28on rent paid in 2016. The commissioner must match the property ID number or parcel
176.29number on form CRP filed with the claim to property tax data for taxes payable in
2016.
176.30The commissioner must then calculate the percentage of rent constituting property
taxes
176.31using the rent amount reported on form CRP, adjusted by the total number of months
the
177.1unit was rented and the number of rental units on the property. The estimates for
each
177.2geographic region must be rounded to the nearest one-tenth of one percentage point.
177.3EFFECTIVE DATE.This section is effective the day following final enactment.
177.4 Sec. 29.
APPROPRIATION; DEBT SERVICE EQUALIZATION.
177.5For fiscal year 2019 only, $14,773,000 is appropriated from the general fund to the
177.6Department of Education for debt service aid under Minnesota Statutes, section 123B.53.
177.7This amount is in addition to other appropriations for the same purpose.
177.8EFFECTIVE DATE.This section is effective July 1, 2017.
177.9 Sec. 30.
APPROPRIATION; FIRE REMEDIATION GRANTS.
177.10$1,392,258 is appropriated in fiscal year 2018 from the general fund to the commissioner
177.11of public safety for grants to remediate the effects of fires in the city of Melrose
on September
177.128, 2016. The commissioner must allocate the grants as follows:
177.13(1) $1,296,458 to the city of Melrose; and
177.14(2) $95,800 to Stearns County.
177.15A grant recipient must use the money appropriated under this section for remediation
177.16costs, including disaster recovery, infrastructure, reimbursement for emergency personnel
177.17costs, reimbursement for equipment costs, and reimbursements for property tax abatements,
177.18incurred by public or private entities as a result of the fires. This is a onetime
appropriation
177.19and is available until June 30, 2018.
177.20EFFECTIVE DATE.This section is effective the day following final enactment.
177.21 Sec. 31.
REPEALER.
177.22(a) Minnesota Statutes 2016, section 477A.085, is repealed.
177.23(b) Minnesota Statutes 2016, section 477A.20, is repealed.
177.24EFFECTIVE DATE.Paragraph (a) is effective beginning with aids payable in 2018.
177.25Paragraph (b) is effective the day following final enactment.
177.27LOCAL OPTION SALES AND USE TAXES
177.28 Section 1.
[471.9998] MERCHANT BAGS; PROHIBITION ON FEE OR TAX.
178.1Notwithstanding any other provision of law, no political subdivision may impose or
178.2require the imposition of any fee or tax, other than a local sales tax subject to
section
178.3297A.99, upon the use of paper, plastic, or reusable bags for packaging of any item
or good
178.4purchased from a merchant, itinerant vendor, or peddler.
178.5EFFECTIVE DATE.This section is effective May 31, 2017. Ordinances existing on
178.6the effective date of this section that would be prohibited under this section are
invalid as
178.7of the effective date of this section.
178.8 Sec. 2. Laws 1980, chapter 511, section 1, subdivision 2, as amended by Laws 1991,
178.9chapter 291, article 8, section 22, Laws 1998, chapter 389, article 8, section 25,
Laws 2003,
178.10First Special Session chapter 21, article 8, section 11, Laws 2008, chapter 154, article
5,
178.11section 2, and Laws 2014, chapter 308, article 3, section 21, is amended to read:
178.12 Subd. 2. (a) Notwithstanding Minnesota Statutes, section
477A.016, or any other law,
178.13ordinance, or city charter provision to the contrary, the city of Duluth may, by ordinance,
178.14impose an additional sales tax of up to one and three-quarter percent on sales transactions
178.15which are described in Minnesota Statutes 2000, section 297A.01, subdivision 3, clause
(c).
178.16The imposition of this tax shall not be subject to voter referendum under either state
law or
178.17city charter provisions. When the city council determines that the taxes imposed under
this
178.18paragraph at a rate of three-quarters of one percent and other sources of revenue
produce
178.19revenue sufficient to pay debt service on bonds in the principal amount of $40,285,000
plus
178.20issuance and discount costs, issued for capital improvements at the Duluth Entertainment
178.21and Convention Center, which include a new arena, the rate of tax under this subdivision
178.22must be reduced by three-quarters of one percent.
178.23(b) In addition to the tax in paragraph (a) and notwithstanding Minnesota Statutes,
section
178.24477A.016
, or any other law, ordinance, or city charter provision to the contrary, the city
of
178.25Duluth may, by ordinance, impose an additional sales tax of up to one-half of one
percent
178.26on sales transactions which are described in Minnesota Statutes 2000, section 297A.01,
178.27subdivision 3, clause (c). This tax expires when the city council determines that
the tax
178.28imposed under this paragraph, along with the tax imposed under section 22, paragraph
(b),
178.29has produced revenues sufficient to pay the debt service on bonds in a principal amount
of
178.30no more than $18,000,000, plus issuance and discount costs, to finance capital improvements
178.31to public facilities to support tourism and recreational activities in that portion
of the city
178.32west of
34th 14th Avenue West
and the area south of and including Skyline Parkway.
178.33(c) The city of Duluth may sell and issue up to $18,000,000 in general obligation
bonds
178.34under Minnesota Statutes, chapter 475, plus an additional amount to pay for the costs
of
179.1issuance and any premiums. The proceeds may be used to finance capital improvements
to
179.2public facilities that support tourism and recreational activities in the portion
of the city
179.3west of
34th 14th Avenue West
and the area south of and including Skyline Parkway, as
179.4described in paragraph (b). The issuance of the bonds is subject to the provisions
of
179.5Minnesota Statutes, chapter 475, except no election shall be required unless required
by the
179.6city charter. The bonds shall not be included in computing net debt. The revenues
from the
179.7taxes that the city of Duluth may impose under paragraph (b) and under section 22,
paragraph
179.8(b), may be pledged to pay principal of and interest on such bonds.
179.9EFFECTIVE DATE.This section is effective the day after the governing body of the
179.10city of Duluth and its chief clerical officer comply with Minnesota Statutes, section
645.021,
179.11subdivisions 2 and 3.
179.12 Sec. 3. Laws 1980, chapter 511, section 2, as amended by Laws 1998, chapter 389, article
179.138, section 26, Laws 2003, First Special Session chapter 21, article 8, section 12,
and Laws
179.142014, chapter 308, article 3, section 22, is amended to read:
179.15 Sec. 22.
CITY OF DULUTH; TAX ON RECEIPTS BY HOTELS AND MOTELS.
179.16 (a) Notwithstanding Minnesota Statutes, section
477A.016, or any other law, or ordinance,
179.17or city charter provision to the contrary, the city of Duluth may, by ordinance, impose
an
179.18additional tax of one percent upon the gross receipts from the sale of lodging for
periods of
179.19less than 30 days in hotels and motels located in the city. The tax shall be collected
in the
179.20same manner as the tax set forth in the Duluth city charter, section 54(d), paragraph
one.
179.21The imposition of this tax shall not be subject to voter referendum under either state
law or
179.22city charter provisions.
179.23(b) In addition to the tax in paragraph (a) and notwithstanding Minnesota Statutes,
section
179.24477A.016
, or any other law, ordinance, or city charter provision to the contrary, the city
of
179.25Duluth may, by ordinance, impose an additional sales tax of up to one-half of one
percent
179.26on the gross receipts from the sale of lodging for periods of less than 30 days in
hotels and
179.27motels located in the city. This tax expires when the city council first determines
that the
179.28tax imposed under this paragraph, along with the tax imposed under section 21, paragraph
179.29(b), has produced revenues sufficient to pay the debt service on bonds in a principal
amount
179.30of no more than $18,000,000, plus issuance and discount costs, to finance capital
179.31improvements to public facilities to support tourism and recreational activities in
that portion
179.32of the city west of
34th 14th Avenue West
and the area south of and including Skyline
179.33Parkway.
180.1EFFECTIVE DATE.This section is effective the day after the governing body of the
180.2city of Duluth and its chief clerical officer comply with Minnesota Statutes, section
645.021,
180.3subdivisions 2 and 3.
180.4 Sec. 4. Laws 1991, chapter 291, article 8, section 27, subdivision 3, as amended by Laws
180.51998, chapter 389, article 8, section 28, Laws 2008, chapter 366, article 7, section
9, and
180.6Laws 2009, chapter 88, article 4, section 14, is amended to read:
180.7 Subd. 3.
Use of revenues. (a) Revenues received from taxes authorized by subdivisions
180.81 and 2 shall be used by the city to pay the cost of collecting the tax and to pay
all or a
180.9portion of the expenses of constructing and improving facilities as part of an urban
180.10revitalization project in downtown Mankato known as Riverfront 2000. Authorized expenses
180.11include, but are not limited to, acquiring property and paying relocation expenses
related
180.12to the development of Riverfront 2000 and related facilities, and securing or paying
debt
180.13service on bonds or other obligations issued to finance the construction of Riverfront
2000
180.14and related facilities. For purposes of this section, "Riverfront 2000 and related
facilities"
180.15means a civic-convention center, an arena, a riverfront park, a technology center
and related
180.16educational facilities, and all publicly owned real or personal property that the
governing
180.17body of the city determines will be necessary to facilitate the use of these facilities,
including
180.18but not limited to parking, skyways, pedestrian bridges, lighting, and landscaping.
It also
180.19includes the performing arts theatre and the Southern Minnesota Women's Hockey Exposition
180.20Center, for use by Minnesota State University, Mankato.
180.21 (b) Notwithstanding Minnesota Statutes, section 297A.99, subdivision 3, and as approved
180.22by voters at the November 8, 2016, general election, the city may by ordinance also
use
180.23revenues from taxes authorized under subdivisions 1 and 2, up to a maximum of $47,000,000,
180.24plus associated bond costs, to pay all or a portion of the expenses of the following
capital
180.25projects:
180.26 (1) construction and improvements to regional recreational facilities including existing
180.27hockey and curling rinks, a baseball park, youth athletic fields and facilities, the
municipal
180.28swimming pool including improvements to make the pool compliant with the Americans
180.29with Disabilities Act, and indoor regional athletic facilities;
180.30 (2) improvements to flood control and the levee system;
180.31(3) water quality improvement projects in Blue Earth and Nicollet Counties;
180.32(4) expansion of the regional transit building and related multimodal transit
180.33improvements;
181.1(5) regional public safety and emergency communications improvements and equipment;
181.2and
181.3(6) matching funds for improvements to publicly owned regional facilities including
a
181.4historic museum, supportive housing, and a senior center.
181.5EFFECTIVE DATE.This section is effective the day after the governing body of the
181.6city of Mankato and its chief clerical officer comply with Minnesota Statutes, section
181.7645.021, subdivisions 2 and 3.
181.8 Sec. 5. Laws 1991, chapter 291, article 8, section 27, subdivision 4, as amended by Laws
181.92005, First Special Session chapter 3, article 5, section 25, and Laws 2008, chapter
366,
181.10article 7, section 10, is amended to read:
181.11 Subd. 4.
Expiration of taxing authority and expenditure limitation. The authority
181.12granted by subdivisions 1 and 2 to the city to impose a sales tax and an excise tax
shall
181.13expire
on at the earlier of when revenues are sufficient to pay off the bonds, including
181.14interest and all other associated bond costs authorized under subdivision 5, or December
181.1531,
2022 2038.
181.16EFFECTIVE DATE.This section is effective the day following final enactment without
181.17local approval pursuant to Minnesota Statutes, section 645.023, subdivision 1.
181.18 Sec. 6. Laws 1991, chapter 291, article 8, section 27, subdivision 5, is amended to read:
181.19 Subd. 5.
Bonds. (a) The city of Mankato may issue general obligation bonds of the city
181.20in an amount not to exceed $25,000,000 for Riverfront 2000 and related facilities,
without
181.21election under Minnesota Statutes, chapter 475, on the question of issuance of the
bonds or
181.22a tax to pay them. The debt represented by bonds issued for Riverfront 2000 and related
181.23facilities shall not be included in computing any debt limitations applicable to the
city of
181.24Mankato, and the levy of taxes required by section
475.61 to pay principal of and interest
181.25on the bonds shall not be subject to any levy limitation or be included in computing
or
181.26applying any levy limitation applicable to the city.
181.27 (b) The city of Mankato may issue general obligation bonds of the city in an amount
not
181.28to exceed $47,000,000 for the projects listed under subdivision 3, paragraph (b),
without
181.29election under Minnesota Statutes, chapter 475, on the question of issuance of the
bonds or
181.30a tax to pay them. The debt represented by bonds under this paragraph shall not be
included
181.31in computing any debt limitations applicable to the city of Mankato, and the levy
of taxes
181.32required by Minnesota Statutes, section
475.61, to pay principal of and interest on the bonds,
182.1and shall not be subject to any levy limitation or be included in computing or applying
any
182.2levy limitation applicable to the city. The city may use tax revenue in excess of
one year's
182.3principal interest reserve for intended annual bond payments to pay all or a portion
of the
182.4cost of capital improvements authorized in subdivision 3.
182.5EFFECTIVE DATE.This section is effective the day following final enactment without
182.6local approval pursuant to Minnesota Statutes, section 645.023, subdivision 1.
182.7 Sec. 7. Laws 1996, chapter 471, article 2, section 29, subdivision 1, as amended by Laws
182.82006, chapter 259, article 3, section 3, and Laws 2011, First Special Session chapter
7,
182.9article 4, section 4, is amended to read:
182.10 Subdivision 1.
Sales tax authorized. (a) Notwithstanding Minnesota Statutes, section
182.11477A.016, or any other contrary provision of law, ordinance, or city charter, the
city of
182.12Hermantown may, by ordinance, impose an additional sales tax of up to one percent
on
182.13sales transactions taxable pursuant to Minnesota Statutes, chapter 297A, that occur
within
182.14the city. The proceeds of the tax imposed under this section must be used to meet
the costs
182.15of:
182.16 (1) extending a sewer interceptor line;
182.17 (2) construction of a booster pump station, reservoirs, and related improvements to
the
182.18water system; and
182.19 (3) construction of a building containing a police and fire station and an administrative
182.20services facility.
182.21(b) If the city imposed a sales tax of only one-half of one percent under paragraph
(a),
182.22it may increase the tax to one percent to fund the purposes under paragraph (a) provided
it
182.23is approved by the voters at a general election held before December 31, 2012.
182.24(c) As approved by the voters at the November 8, 2016, general election, the proceeds
182.25under this section may also be used to meet the costs of debt service payments for
182.26construction of the Hermantown Wellness Center.
182.27EFFECTIVE DATE.This section is effective the day after the governing body of the
182.28city of Hermantown and its chief clerical officer comply with Minnesota Statutes,
section
182.29645.021, subdivisions 2 and 3.
183.1 Sec. 8. Laws 1996, chapter 471, article 2, section 29, subdivision 4, as amended by Laws
183.22006, chapter 259, article 3, section 4, is amended to read:
183.3 Subd. 4.
Termination. The tax authorized under this section terminates
on March 31,
183.42026 at the earlier of (1) December 31, 2036, or (2) when the Hermantown City Council
183.5first determines that sufficient funds have been received from the tax to fund the
costs,
183.6including bonds and associated bond costs for the uses specified in subdivision 1. Any funds
183.7remaining after completion of the improvements and retirement or redemption of the
bonds
183.8may be placed in the general fund of the city.
183.9EFFECTIVE DATE.This section is effective the day following final enactment without
183.10local approval pursuant to Minnesota Statutes, section 645.023, subdivision 1.
183.11 Sec. 9. Laws 1999, chapter 243, article 4, section 17, subdivision 3, is amended to read:
183.12 Subd. 3.
Use of revenues. (a) Revenues received from taxes authorized by subdivisions
183.131 and 2 must be used by the city to pay the cost of collecting the taxes and to pay
for
183.14construction and improvement of a civic and community center and recreational facilities
183.15to serve all ages, including seniors and youth. Authorized expenses include, but are
not
183.16limited to, acquiring property, paying construction and operating expenses related
to the
183.17development of an authorized facility, funding facilities replacement reserves, and
paying
183.18debt service on bonds or other obligations issued to finance the construction or expansion
183.19of an authorized facility. The capital expenses for all projects authorized under
this
183.20subdivision that may be paid with these taxes are limited to $9,000,000, plus an amount
183.21equal to the costs related to issuance of the bonds and funding facilities replacement
reserves.
183.22 (b) Notwithstanding Minnesota Statutes, section 297A.99, subdivision 3, and as approved
183.23by the voters at the November 8, 2016, general election, the city of New Ulm may by
183.24ordinance also use revenues from taxes authorized under subdivisions 1 and 2, up to
a
183.25maximum of $14,800,000, plus associated bond costs, to pay all or a portion of the
expenses
183.26of the following capital projects:
183.27 (1) constructing an indoor water park and making safety improvements to the existing
183.28recreational center pool;
183.29 (2) constructing an indoor playground, a wellness center, and a gymnastics facility;
183.30 (3) constructing a winter multipurpose dome;
183.31 (4) making improvements to Johnson Park Grandstand; and
183.32 (5) making improvements to the entrance road and parking at Hermann Heights Park.
184.1EFFECTIVE DATE.This section is effective the day after the governing body of the
184.2city of New Ulm and its chief clerical officer comply with Minnesota Statutes, section
184.3645.021, subdivisions 2 and 3.
184.4 Sec. 10. Laws 1999, chapter 243, article 4, section 17, is amended by adding a subdivision
184.5to read:
184.6 Subd. 4a. Bonding authority; additional use and extension of tax. As approved by
184.7the voters at the November 8, 2016, general election, and in addition to the bonds
issued
184.8under subdivision 4, the city of New Ulm may issue general obligation bonds of the
city in
184.9an amount not to exceed $14,800,000 for the projects listed in subdivision 3, paragraph
(b).
184.10The debt represented by bonds under this subdivision shall not be included in computing
184.11any debt limitations applicable to the city of New Ulm, and the levy of taxes required
by
184.12Minnesota Statutes, section 475.61, to pay principal of and interest on the bonds,
and shall
184.13not be subject to any levy limitation or be included in computing or applying any
levy
184.14limitation applicable to the city.
184.15EFFECTIVE DATE.This section is effective the day after the governing body of the
184.16city of New Ulm and its chief clerical officer comply with Minnesota Statutes, section
184.17645.021, subdivisions 2 and 3.
184.18 Sec. 11. Laws 1999, chapter 243, article 4, section 17, subdivision 5, is amended to read:
184.19 Subd. 5.
Termination of taxes. The taxes imposed under subdivisions 1 and 2 expire
184.20when the city council determines that sufficient funds have been received from the
taxes to
184.21finance the capital and administrative costs for the acquisition, construction, and
improvement
184.22of facilities described in subdivision 3
, including the additional use of revenues under
184.23subdivision 3, paragraph (b), as approved by the voters at the November 8, 2016, general
184.24election, and to prepay or retire at maturity the principal, interest, and premium due on
any
184.25bonds issued for the facilities under
subdivision 4 subdivisions 4 and 4a. Any funds remaining
184.26after completion of the project and retirement or redemption of the bonds may be placed
in
184.27the general fund of the city. The taxes imposed under subdivisions 1 and 2 may expire
at
184.28an earlier time if the city so determines by ordinance.
184.29EFFECTIVE DATE.This section is effective the day after the governing body of the
184.30city of New Ulm and its chief clerical officer comply with Minnesota Statutes, section
184.31645.021, subdivisions 2 and 3.
185.1 Sec. 12. Laws 1999, chapter 243, article 4, section 18, subdivision 1, as amended by Laws
185.22008, chapter 366, article 7, section 12, is amended to read:
185.3 Subdivision 1.
Sales and use tax. (a) Notwithstanding Minnesota Statutes, section
185.4477A.016
, or any other provision of law, ordinance, or city charter, if approved by the city
185.5voters at the first municipal general election held after the date of final enactment
of this
185.6act or at a special election held November 2, 1999, the city of Proctor may impose
by
185.7ordinance a sales and use tax of up to one-half of one percent for the purposes specified
in
185.8subdivision 3. The provisions of Minnesota Statutes, section
297A.99, govern the imposition,
185.9administration, collection, and enforcement of the tax authorized under this subdivision.
185.10(b) Notwithstanding Minnesota Statutes, section 477A.016, or any other provision of
185.11law, ordinance, or city charter, the city of Proctor may impose by ordinance an additional
185.12sales and use tax of up to one-half of one percent as approved by the voters at the
November
185.134, 2014, election. The revenues received from the additional tax must be used for
the purposes
185.14specified in subdivision 3, paragraph (b).
185.15EFFECTIVE DATE.This section is effective the day after the governing body of the
185.16city of Proctor and its chief clerical officer comply with Minnesota Statutes, section
645.021,
185.17subdivisions 2 and 3.
185.18 Sec. 13. Laws 2005, First Special Session chapter 3, article 5, section 38, subdivision 2,
185.19as amended by Laws 2006, chapter 259, article 3, section 6, is amended to read:
185.20 Subd. 2.
Use of revenues. The proceeds of the tax imposed under this section shall be
185.21used to pay for
lake water quality improvement projects as detailed in the Shell Rock River
185.22watershed plan and as directed by the Shell Rock River Watershed Board. Notwithstanding
185.23any provision of statute, other law, or city charter to the contrary, the city shall
transfer all
185.24revenues from the tax imposed under subdivision 1, as soon as they are received, to
the
185.25Shell Rock River Watershed District.
The city is not required to review the intended uses
185.26of the revenues by the watershed district, nor is the watershed district required
to submit to
185.27the city proposed budgets, statements, or invoices explaining the intended uses of
the
185.28revenues as a prerequisite for the transfer of the revenues. The Shell Rock River Watershed
185.29District shall appear before the city of Albert Lea City Council on a biannual basis
to present
185.30a report of its activities, expenditures, and intended uses of the city sales tax
revenue.
185.31EFFECTIVE DATE.This section is effective the day after the governing body of the
185.32city of Albert Lea and its chief clerical officer comply with Minnesota Statutes,
section
185.33645.021, subdivisions 2 and 3.
186.1 Sec. 14. Laws 2005, First Special Session chapter 3, article 5, section 38, subdivision 4,
186.2as amended by Laws 2014, chapter 308, article 3, section 23, is amended to read:
186.3 Subd. 4.
Termination of taxes. The taxes imposed under this section expire at the earlier
186.4of (1)
15 30 years after the taxes are first imposed, or (2) when the city council first
186.5determines that the amount of revenues raised to pay for the projects under subdivision
2,
186.6shall meet or exceed the sum of
$15,000,000 $30,000,000. Any funds remaining after
186.7completion of the projects may be placed in the general fund of the city.
186.8EFFECTIVE DATE.This section is effective the day after the governing body of the
186.9city of Albert Lea and its chief clerical officer comply with Minnesota Statutes,
section
186.10645.021, subdivisions 2 and 3.
186.11 Sec. 15. Laws 2005, First Special Session chapter 3, article 5, section 44, subdivision 3,
186.12as amended by Laws 2014, chapter 308, article 7, section 3, is amended to read:
186.13 Subd. 3.
Use of revenues. (a) Revenues received from taxes authorized by subdivisions
186.141 and 2 must be used by the city
(1) to pay the cost of collecting and administering the taxes
186.15and; (2) to pay for the costs of a community center complex
and; (3) to make renovations
186.16to the Memorial Auditorium
; and (4) to construct public athletic facilities, provided that
186.17this use of the tax is subject to the same restrictions that apply to the issuance
of debt provided
186.18in subdivision 4, paragraph (c). Authorized expenses include, but are not limited to, acquiring
186.19property and paying construction expenses related to these improvements, and paying
debt
186.20service on bonds or other obligations issued to finance acquisition and construction
of these
186.21improvements.
186.22 (b) Notwithstanding Minnesota Statutes, section
297A.99, subdivisions 2 and 3, if the
186.23city decides to extend the taxes in subdivisions 1 and 2, as allowed under subdivision
5,
186.24paragraph (b), the city must use any amounts in excess of the amounts necessary to
meet
186.25the obligations under paragraph (a) to pay the city's share of debt service on bonds
issued
186.26under Minnesota Statutes, section
469.194, to fund the Lewis and Clark Regional Water
186.27System Project.
186.28EFFECTIVE DATE.This section is effective the day after the governing body of the
186.29city of Worthington and its chief clerical officer comply with Minnesota Statutes,
section
186.30645.021, subdivisions 2 and 3.
187.1 Sec. 16. Laws 2005, First Special Session chapter 3, article 5, section 44, subdivision 4,
187.2is amended to read:
187.3 Subd. 4.
Bonding authority. (a) If the tax authorized under subdivision 1 is approved
187.4by the voters, the city may issue bonds under Minnesota Statutes, chapter 475, to
pay capital
187.5and administrative expenses for the improvements described in subdivision 3 in an
amount
187.6that does not exceed
$6,000,000 $7,300,000. An election to approve the bonds under
187.7Minnesota Statutes, section
475.58, is not required.
187.8 (b) The debt represented by the bonds is not included in computing any debt limitation
187.9applicable to the city, and any levy of taxes under Minnesota Statutes, section
475.61, to
187.10pay principal of and interest on the bonds is not subject to any levy limitation.
187.11 (c) If the Worthington City Council intends to issue debt after June 30, 2017, for
the
187.12purposes of this subdivision, it must pass a resolution stating the intent to issue
debt and
187.13proposing a public hearing. The resolution must be published for two successive weeks
in
187.14the official newspaper of the city together with a notice setting a date for the public
hearing.
187.15The hearing must be held at least two weeks, but not more than four weeks, after the
first
187.16publication after passage of the resolution. Following the public hearing, if the
city adopts
187.17a resolution confirming its intention to issue additional debt, that resolution must
also be
187.18published in the official newspaper of the city, but the resolution is not effective
for 30 days.
187.19If within 30 days after publication of the resolution confirming the city's intention
to issue
187.20additional debt a petition signed by voters equal in number to ten percent of the
votes cast
187.21in the city in the last general election requesting a vote on the proposed resolution
is filed
187.22with the county auditor, the resolution is not effective until it has been submitted
to the
187.23voters in a general or special election and a majority of the votes cast on the question
of
187.24approving the resolution are in the affirmative. The commissioner of revenue shall
prepare
187.25a suggested form of question to be presented at the election.
187.26EFFECTIVE DATE.This section is effective the day after the governing body of the
187.27city of Worthington and its chief clerical officer comply with Minnesota Statutes,
section
187.28645.021, subdivisions 2 and 3.
187.29 Sec. 17. Laws 2005, First Special Session chapter 3, article 5, section 44, subdivision 5,
187.30as amended by Laws 2014, chapter 308, article 7, section 4, is amended to read:
187.31 Subd. 5.
Termination of taxes. (a) The taxes imposed under subdivisions 1 and 2 expire
187.32at the earlier of (1) ten years, or (2) when the city council determines that the
amount of
187.33revenue received from the taxes
is sufficient to pay for the projects under subdivision 3
187.34equals or exceeds
$6,000,000 $7,300,000 plus the additional amount needed to pay the costs
188.1related to issuance of bonds under subdivision 4, including interest on the bonds.
Any funds
188.2remaining after completion of the project and retirement or redemption of the bonds
shall
188.3be placed in a capital project fund of the city. The taxes imposed under subdivisions
1 and
188.42 may expire at an earlier time if the city so determines by ordinance.
188.5 (b) Notwithstanding paragraph (a), the city council may, by ordinance, extend the
taxes
188.6imposed under subdivisions 1 and 2 through December 31, 2039, provided that all additional
188.7revenues that exceed those necessary to fund the projects and associated financing
costs
188.8listed in subdivision 3, paragraph (a), are committed to pay debt service on bonds
issued
188.9under Minnesota Statutes, section
469.194, to fund the Lewis and Clark Regional Water
188.10System Project.
188.11EFFECTIVE DATE.This section is effective the day after the governing body of the
188.12city of Worthington and its chief clerical officer comply with Minnesota Statutes,
section
188.13645.021, subdivisions 2 and 3.
188.14 Sec. 18. Laws 2008, chapter 366, article 7, section 20, is amended to read:
188.15 Sec. 20.
CITY OF NORTH MANKATO; TAXES AUTHORIZED.
188.16 Subdivision 1.
Sales and use tax authorized. Notwithstanding Minnesota Statutes,
188.17section
477A.016, or any other provision of law, ordinance, or city charter, pursuant to the
188.18approval of the voters on November 7, 2006, the city of North Mankato may impose by
188.19ordinance a sales and use tax of one-half of one percent for the purposes specified
in
188.20subdivision 2. The provisions of Minnesota Statutes, section
297A.99, govern the imposition,
188.21administration, collection, and enforcement of the taxes authorized under this subdivision.
188.22 Subd. 2.
Use of revenues. Revenues received from the tax authorized by subdivision 1
188.23must be used to pay all or part of the capital costs of the following projects:
188.24 (1) the local share of the Trunk Highway 14/County State-Aid Highway 41 interchange
188.25project;
188.26 (2) development of regional parks and hiking and biking trails
, including construction
188.27of indoor regional athletic facilities;
188.28 (3) expansion of the North Mankato Taylor Library;
188.29 (4) riverfront redevelopment; and
188.30 (5) lake improvement projects.
188.31 The total amount of revenues from the tax in subdivision 1 that may be used to fund
188.32these projects is
$6,000,000 $15,000,000 plus any associated bond costs.
189.1 Subd. 2a. Authorization to extend the tax. Notwithstanding Minnesota Statutes, section
189.2297A.99, subdivision 3, the North Mankato city council may, by resolution, extend
the tax
189.3authorized under subdivision 1 to cover an additional $9,000,000 in bonds, plus associated
189.4bond costs, to fund the projects in subdivision 2 pursuant to voter approval to extend
the
189.5tax at the November 8, 2016, general election.
189.6 Subd. 3.
Bonds. (a) The city of North Mankato, pursuant to the approval of the voters
189.7at the November 7, 2006 referendum authorizing the imposition of the taxes in this
section,
189.8may issue bonds under Minnesota Statutes, chapter 475, to pay capital and administrative
189.9expenses for the projects described in subdivision 2, in an amount that does not exceed
189.10$6,000,000. A separate election to approve the bonds under Minnesota Statutes, section
189.11475.58
, is not required.
189.12(b) The city of North Mankato, pursuant to approval of the voters at the November
8,
189.132016, referendum extending the tax to provide additional revenue to be spent for the
projects
189.14in subdivision 2, may issue additional bonds under Minnesota Statutes, chapter 475,
to pay
189.15capital and administrative expenses for those projects in an amount that does not
exceed
189.16$9,000,000. A separate election to approve the bonds under Minnesota Statutes, section
189.17475.58
, is not required.
189.18 (b) (c) The debt represented by the bonds is not included in computing any debt limitation
189.19applicable to the city, and any levy of taxes under Minnesota Statutes, section
475.61, to
189.20pay principal and interest on the bonds is not subject to any levy limitation.
189.21 Subd. 4.
Termination of taxes. The tax imposed under subdivision 1 expires
when the
189.22city council determines that the amount of revenues received from the taxes to pay
for the
189.23projects under subdivision 2 first equals or exceeds $6,000,000 plus the additional
amount
189.24needed to pay the costs related to issuance of bonds under subdivision 3, including
interest
189.25on the bonds at the earlier of December 31, 2038, or when revenues from the taxes first
189.26equal or exceed $15,000,000 plus the additional amount needed to pay costs related
to
189.27issuance of bonds under subdivision 3, including interest. Any funds remaining after
189.28completion of the projects and retirement or redemption of the bonds shall be placed
in a
189.29capital facilities and equipment replacement fund of the city. The tax imposed under
189.30subdivision 1 may expire at an earlier time if the city so determines by ordinance.
189.31EFFECTIVE DATE.This section is effective the day after the governing body of the
189.32city of North Mankato and its chief clerical officer comply with Minnesota Statutes,
section
189.33645.021, subdivisions 2 and 3.
190.1 Sec. 19.
CITY OF EAST GRAND FORKS; TAXES AUTHORIZED.
190.2 Subdivision 1. Sales and use tax authorization. Notwithstanding Minnesota Statutes,
190.3section 297A.99, subdivisions 1 and 2, or 477A.016, or any other law, ordinance, or
city
190.4charter, and as approved by the voters at a special election on March 7, 2016, the
city of
190.5East Grand Forks may impose, by ordinance, a sales and use tax of up to one percent
for
190.6the purposes specified in subdivision 2. Except as otherwise provided in this section,
the
190.7provisions of Minnesota Statutes, section 297A.99, govern the imposition, administration,
190.8collection, and enforcement of the tax authorized under this subdivision.
190.9 Subd. 2. Use of sales and use tax revenues. The revenues derived from the tax authorized
190.10under subdivision 1 must be used by the city of East Grand Forks to pay the costs
of
190.11collecting and administering the tax and to finance the capital and administrative
costs of
190.12improvement to the city public swimming pool. Authorized expenses include, but are
not
190.13limited to, paying construction expenses related to the renovation and the development
of
190.14these facilities and improvements, and securing and paying debt service on bonds issued
190.15under subdivision 3 or other obligations issued to finance improvement of the public
190.16swimming pool in the city of East Grand Forks
190.17 Subd. 3. Bonding authority. (a) The city of East Grand Forks may issue bonds under
190.18Minnesota Statutes, chapter 475, to finance all or a portion of the costs of the facilities
190.19authorized in subdivision 2. The aggregate principal amount of bonds issued under
this
190.20subdivision may not exceed $2,820,000, plus an amount to be applied to the payment
of
190.21the costs of issuing the bonds. The bonds may be paid from or secured by any funds
available
190.22to the city of East Grand Forks, including the tax authorized under subdivision 1.
The
190.23issuance of bonds under this subdivision is not subject to Minnesota Statutes, sections
275.60
190.24and 275.61.
190.25(b) The bonds are not included in computing any debt limitation applicable to the
city
190.26of East Grand Forks, and any levy of taxes under Minnesota Statutes, section 475.61,
to
190.27pay principal and interest on the bonds is not subject to any levy limitation. A separate
190.28election to approve the bonds under Minnesota Statutes, section 475.58, is not required.
190.29 Subd. 4. Termination of taxes. The tax imposed under subdivision 1 expires at the later
190.30of: (1) five years after the tax is first imposed; or (2) when the city council determines
that
190.31$2,820,000 has been received from the tax to pay for the cost of the projects authorized
190.32under subdivision 2, plus an amount sufficient to pay the costs related to issuance
of the
190.33bonds authorized under subdivision 3, including interest on the bonds. Any funds remaining
190.34after payment of all such costs and retirement or redemption of the bonds shall be
placed
191.1in the general fund of the city. The tax imposed under subdivision 1 may expire at
an earlier
191.2time if the city so determines by ordinance.
191.3EFFECTIVE DATE.This section is effective the day after the governing body of the
191.4city of East Grand Forks and its chief clerical officer comply with Minnesota Statutes,
191.5section 645.021, subdivisions 2 and 3.
191.6 Sec. 20.
CITY OF FAIRMONT; LOCAL TAX AUTHORIZED.
191.7 Subdivision 1. Sales and use tax authorization. Notwithstanding Minnesota Statutes,
191.8section 297A.99, subdivisions 1 and 2, or 477A.016, or any other law, ordinance, or
city
191.9charter, and as approved by the voters at the general election of November 8, 2016,
the city
191.10of Fairmont may impose, by ordinance, a sales and use tax of one-half of one percent
for
191.11the purposes specified in subdivision 2. Except as otherwise provided in this section,
the
191.12provisions of Minnesota Statutes, section 297A.99, govern the imposition, administration,
191.13collection, and enforcement of the tax authorized under this subdivision.
191.14 Subd. 2. Use of sales and use tax revenues. The revenues derived from the tax authorized
191.15under subdivision 1 must be used by the city of Fairmont to pay the costs of collecting
and
191.16administering the tax and to finance the capital and administrative costs of constructing
and
191.17funding recreational amenities, trails, and a community center. The total that may
be raised
191.18from the tax to pay for these projects is limited to $15,000,000, plus the costs related
to the
191.19issuance and paying debt service on bonds for these projects.
191.20 Subd. 3. Bonding authority. (a) The city of Fairmont may issue bonds under Minnesota
191.21Statutes, chapter 475, to finance all or a portion of the costs of the facilities
authorized in
191.22subdivision 2. The aggregate principal amount of bonds issued under this subdivision
may
191.23not exceed $15,000,000, plus an amount to be applied to the payment of the costs of
issuing
191.24the bonds. The bonds may be paid from or secured by any funds available to the city
of
191.25Fairmont, including the tax authorized under subdivision 1. The issuance of bonds
under
191.26this subdivision is not subject to Minnesota Statutes, sections 275.60 and 275.61.
191.27(b) The bonds are not included in computing any debt limitation applicable to the
city
191.28of Fairmont, and any levy of taxes under Minnesota Statutes, section 475.61, to pay
principal
191.29and interest on the bonds is not subject to any levy limitation. A separate election
to approve
191.30the bonds under Minnesota Statutes, section 475.58, is not required.
191.31 Subd. 4. Termination of taxes. The tax imposed under subdivision 1 expires at the
191.32earlier of: (1) 25 years after the tax is first imposed; or (2) when the city council
determines
191.33that $15,000,000, plus an amount sufficient to pay the costs related to issuing the
bonds
192.1authorized under subdivision 3, including interest on the bonds, has been received
from the
192.2tax to pay for the cost of the projects authorized under subdivision 2. Any funds
remaining
192.3after payment of all such costs and retirement or redemption of the bonds shall be
placed
192.4in the general fund of the city. The tax imposed under subdivision 1 may expire at
an earlier
192.5time if the city so determines by ordinance.
192.6EFFECTIVE DATE.This section is effective the day after the governing body of the
192.7city of Fairmont and its chief clerical officer comply with Minnesota Statutes, section
192.8645.021, subdivisions 2 and 3.
192.9 Sec. 21.
CITY OF FERGUS FALLS; TAXES AUTHORIZED.
192.10 Subdivision 1. Sales and use tax authorized. Notwithstanding Minnesota Statutes,
192.11section 297A.99, subdivision 1, section 477A.016, or any other law, ordinance, or
city
192.12charter, and as approved by the voters at the November 8, 2016, general election,
the city
192.13of Fergus Falls may impose, by ordinance, a sales and use tax of up to one-half of
one
192.14percent for the purposes specified in subdivision 2. Except as otherwise provided
in this
192.15section, the provisions of Minnesota Statutes, section 297A.99, govern the imposition,
192.16administration, collection, and enforcement of the tax authorized under this subdivision.
192.17 Subd. 2. Use of sales and use tax revenues. The revenues from the tax authorized under
192.18subdivision 1 must be used by the city of Fergus Falls to pay the costs of collecting
and
192.19administering the tax and securing and paying debt service on bonds issued to finance
all
192.20or part of the costs of the expansion and betterment of the Fergus Falls Public Library
located
192.21at 205 East Hampden Avenue in the city of Fergus Falls.
192.22 Subd. 3. Bonding authority. (a) The city of Fergus Falls may issue bonds under
192.23Minnesota Statutes, chapter 475, to finance all or a portion of the costs of the project
192.24authorized in subdivision 2. The aggregate principal amount of bonds issued under
this
192.25subdivision may not exceed $9,800,000, plus an amount applied to the payment of costs
of
192.26issuing the bonds. The bonds may be paid from or secured by any funds available to
the
192.27city of Fergus Falls, including the tax authorized under subdivision 1. The issuance
of bonds
192.28under this subdivision is not subject to Minnesota Statutes, section 275.60 and 275.61.
192.29(b) The bonds are not included in computing any debt limitation applicable to the
city,
192.30and any levy of taxes under Minnesota Statutes, section 475.61, to pay principal of
and
192.31interest on the bonds is not subject to any levy limitation. A separate election to
approve
192.32the bonds under Minnesota Statutes, section 475.58, is not required.
193.1 Subd. 4. Termination of taxes. The tax imposed under subdivision 1 expires at the
193.2earlier of: (1) 12 years after the tax is first imposed, or (2) when the city council
determines
193.3that $9,800,000 has been received from the tax to pay for the cost of the project
authorized
193.4under subdivision 2, plus an amount sufficient to pay the costs related to the issuance
of the
193.5bonds authorized under subdivision 3, including interest on the bonds. Any funds remaining
193.6after payment of all such costs and retirement or redemption of the bonds shall be
placed
193.7in the general fund of the city. The tax imposed under subdivision 1 may expire at
any
193.8earlier time if the city so determines by ordinance.
193.9EFFECTIVE DATE.This section is effective the day after the governing body of the
193.10city of Fergus Falls and its chief clerical officer comply with Minnesota Statutes,
section
193.11645.021, subdivisions 2 and 3.
193.12 Sec. 22.
CITY OF MOOSE LAKE; TAXES AUTHORIZED.
193.13 Subdivision 1. Sales and use tax authorization. Notwithstanding Minnesota Statutes,
193.14section 297A.99, subdivision 1, or 477A.016, or any other law, ordinance, or city
charter,
193.15as approved by the voters at the November 6, 2012, general election, the city of Moose
Lake
193.16may impose, by ordinance, a sales and use tax of up to one-half of one percent for
the
193.17purposes specified in subdivision 2. Except as otherwise provided in this section,
the
193.18provisions of Minnesota Statutes, section 297A.99, govern the imposition, administration,
193.19collection, and enforcement of the tax authorized under this subdivision.
193.20 Subd. 2. Use of sales and use tax revenues. The revenues derived from the tax authorized
193.21under subdivision 1 must be used by the city of Moose Lake to pay the costs of collecting
193.22and administering the tax and to finance the costs of: (1) improvements to the city's
park
193.23system; (2) street and related infrastructure improvements; and (3) municipal arena
193.24improvements. Authorized costs include construction and engineering costs and associated
193.25bond costs.
193.26 Subd. 3. Bonding authority. The city of Moose Lake may issue bonds under Minnesota
193.27Statutes, chapter 475, to finance all or a portion of the costs of the facilities
authorized in
193.28subdivision 2. The aggregate principal amount of bonds issued under this subdivision
may
193.29not exceed $3,000,000, plus an amount to be applied to the payment of the costs of
issuing
193.30the bonds. The bonds may be paid from or secured by any funds available to the city
of
193.31Moose Lake, including the tax authorized under subdivision 1. The issuance of bonds
under
193.32this subdivision is not subject to Minnesota Statutes, sections 275.60 and 275.61.
193.33The bonds are not included in computing any debt limitation applicable to the city
of
193.34Moose Lake, and any levy of taxes under Minnesota Statutes, section 475.61, to pay
principal
194.1and interest on the bonds is not subject to any levy limitation. A separate election
to approve
194.2the bonds under Minnesota Statutes, section 475.58, is not required.
194.3 Subd. 4. Termination of taxes. The tax imposed under subdivision 1 expires at the
194.4earlier of: (1) 20 years after the tax is first imposed; or (2) when the city council
determines
194.5that $3,000,000 has been received from the tax to pay for the cost of the projects
authorized
194.6under subdivision 2, plus an amount sufficient to pay the costs related to issuance
of the
194.7bonds authorized under subdivision 3, including interest on the bonds. Any funds remaining
194.8after payment of all such costs and retirement or redemption of the bonds shall be
placed
194.9in the general fund of the city. The tax imposed under subdivision 1 may expire at
an earlier
194.10time if the city so determines by ordinance.
194.11EFFECTIVE DATE.This section is effective the day after the governing body of the
194.12city of Moose Lake and its chief clerical officer comply with Minnesota Statutes,
section
194.13645.021, subdivisions 2 and 3.
194.14 Sec. 23.
CITY OF NEW LONDON; TAX AUTHORIZED.
194.15 Subdivision 1. Sales and use tax authorization. Notwithstanding Minnesota Statutes,
194.16section 297A.99, subdivisions 1 and 2, or 477A.016, or any other law, ordinance, or
city
194.17charter, and as approved by the voters at the general election of November 8, 2016,
the city
194.18of New London may impose, by ordinance, a sales and use tax of one-half of one percent
194.19for the purposes specified in subdivision 2. Except as otherwise provided in this
section,
194.20the provisions of Minnesota Statutes, section 297A.99, govern the imposition, administration,
194.21collection, and enforcement of the tax authorized under this subdivision.
194.22 Subd. 2. Use of sales and use tax revenues. The revenues derived from the tax authorized
194.23under subdivision 1 must be used by the city of New London to pay the costs of collecting
194.24and administering the tax and to finance the capital and administrative costs of the
following
194.25projects:
194.26(1) construction and equipping of a new library and community room;
194.27(2) construction of an ambulance bay at the fire hall; and
194.28(3) improvements to the New London Senior Citizen Center.
194.29The total that may be raised from the tax to pay for these projects is limited to
$872,000
194.30plus the costs related to the issuance and paying debt service on bonds for these
projects.
194.31 Subd. 3. Bonding authority. (a) The city of New London may issue bonds under
194.32Minnesota Statutes, chapter 475, to finance all or a portion of the costs of the facilities
195.1authorized in subdivision 2. The aggregate principal amount of bonds issued under
this
195.2subdivision may not exceed $872,000, plus an amount to be applied to the payment of
the
195.3costs of issuing the bonds. The bonds may be paid from or secured by any funds available
195.4to the city of New London, including the tax authorized under subdivision 1. The issuance
195.5of bonds under this subdivision is not subject to Minnesota Statutes, sections 275.60
and
195.6275.61.
195.7(b) The bonds are not included in computing any debt limitation applicable to the
city
195.8of New London, and any levy of taxes under Minnesota Statutes, section 475.61, to
pay
195.9principal and interest on the bonds is not subject to any levy limitation. A separate
election
195.10to approve the bonds under Minnesota Statutes, section 475.58, is not required.
195.11 Subd. 4. Termination of taxes. The tax imposed under subdivision 1 expires at the
195.12earlier of: (1) 20 years after the tax is first imposed; or (2) when the city council
determines
195.13that $872,000, plus an amount sufficient to pay the costs related to issuing the bonds
195.14authorized under subdivision 3, including interest on the bonds, has been received
from the
195.15tax to pay for the cost of the projects authorized under subdivision 2. Any funds
remaining
195.16after payment of all such costs and retirement or redemption of the bonds shall be
placed
195.17in the general fund of the city. The tax imposed under subdivision 1 may expire at
an earlier
195.18time if the city so determines by ordinance.
195.19EFFECTIVE DATE.This section is effective the day after the governing body of the
195.20city of New London and its chief clerical officer comply with Minnesota Statutes,
section
195.21645.021, subdivisions 2 and 3.
195.22 Sec. 24.
CITY OF SLEEPY EYE; LODGING TAX.
195.23Notwithstanding Minnesota Statutes, section 477A.016, or any other provision of law,
195.24ordinance, or city charter, the city council for the city of Sleepy Eye may impose,
by
195.25ordinance, a tax of up to two percent on the gross receipts subject to the lodging
tax under
195.26Minnesota Statutes, section 469.190. This tax is in addition to any tax imposed under
195.27Minnesota Statutes, section 469.190, and the total tax imposed under that section
and this
195.28provision must not exceed five percent. Revenue from the tax imposed under this section
195.29may only be used for the same purposes as a tax imposed under Minnesota Statutes,
section
195.30469.190.
195.31EFFECTIVE DATE.This section is effective the day after the governing body of the
195.32city of Sleepy Eye and its chief clerical officer comply with Minnesota Statutes,
section
195.33645.021, subdivisions 2 and 3.
196.1 Sec. 25.
CITY OF SPICER; TAX AUTHORIZED.
196.2 Subdivision 1. Sales and use tax authorization. Notwithstanding Minnesota Statutes,
196.3section 297A.99, subdivisions 1 and 2, or 477A.016, or any other law, ordinance, or
city
196.4charter, and as approved by the voters at the general election of November 8, 2016,
the city
196.5of Spicer may impose, by ordinance, a sales and use tax of one-half of one percent
for the
196.6purposes specified in subdivision 2. Except as otherwise provided in this section,
the
196.7provisions of Minnesota Statutes, section 297A.99, govern the imposition, administration,
196.8collection, and enforcement of the tax authorized under this subdivision.
196.9 Subd. 2. Use of sales and use tax revenues. The revenues derived from the tax authorized
196.10under subdivision 1 must be used by the city of Spicer to pay the costs of collecting
and
196.11administering the tax and to finance the capital and administrative costs of the following
196.12projects:
196.13(1) pedestrian public safety improvements such as a pedestrian bridge or crosswalk
196.14signals at marked Trunk Highway 23;
196.15(2) park and trail capital improvements including signage for bicycle share the road
196.16improvements and replacement of playground and related facilities; and
196.17(3) capital improvements to regional community facilities such as the Dethelfs roof
and
196.18window replacement and the Pioneerland branch library roof replacement.
196.19 Subd. 3. Bonding authority. (a) The city of Spicer may issue bonds under Minnesota
196.20Statutes, chapter 475, to finance all or a portion of the costs of the facilities
authorized in
196.21subdivision 2. The aggregate principal amount of bonds issued under this subdivision
may
196.22not exceed $800,000, plus an amount to be applied to the payment of the costs of issuing
196.23the bonds. The bonds may be paid from or secured by any funds available to the city
of
196.24Spicer, including the tax authorized under subdivision 1. The issuance of bonds under
this
196.25subdivision is not subject to Minnesota Statutes, sections 275.60 and 275.61.
196.26(b) The bonds are not included in computing any debt limitation applicable to the
city
196.27of Spicer, and any levy of taxes under Minnesota Statutes, section 475.61, to pay
principal
196.28and interest on the bonds is not subject to any levy limitation. A separate election
to approve
196.29the bonds under Minnesota Statutes, section 475.58, is not required.
196.30 Subd. 4. Termination of taxes. The tax imposed under subdivision 1 expires at the
196.31earlier of: (1) ten years after the tax is first imposed; (2) December 31, 2027; or
(3) when
196.32the city council determines that $800,000, plus an amount sufficient to pay the costs
related
196.33to issuing the bonds authorized under subdivision 3, including interest on the bonds,
has
197.1been received from the tax to pay for the cost of the projects authorized under subdivision
197.22. All funds not used to pay collection and administration costs of the tax must be
used for
197.3projects listed in subdivision 2. The tax imposed under subdivision 1 may expire at
an earlier
197.4time if the city so determines by ordinance.
197.5EFFECTIVE DATE.This section is effective the day after compliance by the governing
197.6body of the city of Spicer with Minnesota Statutes, section 645.021, subdivisions
2 and 3.
197.7 Sec. 26.
CITY OF WALKER; LOCAL TAXES AUTHORIZED.
197.8 Subdivision 1. Sales and use tax authorized. Notwithstanding Minnesota Statutes,
197.9section 477A.016, or any ordinance, city charter, or other provision of law, pursuant
to the
197.10approval of the voters at the general election on November 6, 2012, the city of Walker
may
197.11impose by ordinance a sales and use tax of 1-1/2 percent for the purposes specified
in
197.12subdivision 2. The provisions of Minnesota Statutes, section 297A.99, govern the imposition,
197.13administration, collection, and enforcement of the taxes authorized under this subdivision.
197.14 Subd. 2. Use of revenues. Revenues received from the tax authorized by subdivision 1
197.15must be used to pay all or part of the capital and administrative costs of underground
utility,
197.16street, curb, gutter, and sidewalk improvements in the city of Walker as outlined
in the 2012
197.17capital improvement plan of the engineer of the city of Walker.
197.18 Subd. 3. Bonding authority. The city of Walker, pursuant to the approval of the voters
197.19at the November 6, 2012, referendum authorizing the imposition of the taxes in this
section,
197.20may issue bonds under Minnesota Statutes, chapter 475, to pay capital and administrative
197.21expenses for the projects described in subdivision 2, in an amount that does not exceed
197.22$20,000,000. A separate election to approve the bonds under Minnesota Statutes, section
197.23475.58, is not required.
197.24 Subd. 4. Termination of tax. (a) The tax authorized under subdivision 1 terminates at
197.25the earlier of:
197.26(1) 20 years after the date of initial imposition of the tax; or
197.27(2) when the city council determines that sufficient funds have been raised from the
tax
197.28to finance the capital and administrative costs of the improvements described in subdivision
197.292, plus the additional amount needed to pay the costs related to issuance of bonds
under
197.30subdivision 3, including interest on the bonds.
197.31(b) Any funds remaining after completion of the projects specified in subdivision
2 and
197.32retirement or redemption of bonds in subdivision 3 shall be placed in the general
fund of
198.1the city. The tax imposed under subdivision 1 may expire at an earlier time if the
city so
198.2determines by ordinance.
198.3EFFECTIVE DATE.This section is effective the day after the governing body of the
198.4city of Walker and its chief clerical officer comply with Minnesota Statutes, section
645.021,
198.5subdivisions 2 and 3.
198.6 Sec. 27.
CLAY COUNTY; TAX AUTHORIZED.
198.7 Subdivision 1. Sales and use tax authorization. Notwithstanding Minnesota Statutes,
198.8section 297A.99, subdivisions 1 and 2, or 477A.016, or any other law or ordinance,
and as
198.9approved by the voters at the November 8, 2016, general election, Clay County may
impose,
198.10by ordinance, a sales and use tax of up to one-half of one percent for the purposes
specified
198.11in subdivision 2. Except as otherwise provided in this section, the provisions of
Minnesota
198.12Statutes, section 297A.99, govern the imposition, administration, collection, and
enforcement
198.13of the tax authorized under this subdivision.
198.14 Subd. 2. Use of sales and use tax revenues. The revenues derived from the tax authorized
198.15under subdivision 1 must be used by Clay County to pay the costs of collecting and
198.16administering the tax and to finance the capital and administrative costs of constructing
and
198.17equipping a new correctional facility, law enforcement center, and related parking
facility.
198.18Authorized expenses include but are not limited to paying design, development, and
198.19construction costs related to these facilities and improvements, and securing and
paying
198.20debt service on bonds issued under subdivision 3 or other obligations issued to finance
the
198.21facilities listed in this subdivision.
198.22 Subd. 3. Bonding authority. Clay County may issue bonds under Minnesota Statutes,
198.23chapter 475, to finance all or a portion of the costs of the facilities authorized
in subdivision
198.242. The aggregate principal amount of bonds issued under this subdivision may not exceed
198.25$52,000,000, plus an amount to be applied to the payment of the costs of issuing the
bonds.
198.26The bonds may be paid from or secured by any funds available to Clay County, including
198.27the tax authorized under subdivision 1. The issuance of bonds under this subdivision
is not
198.28subject to Minnesota Statutes, sections 275.60 and 275.61.
198.29 Subd. 4. Termination of taxes. The tax imposed under subdivision 1 expires at the
198.30earlier of: (1) 20 years after the tax is first imposed; or (2) when the county board
determines
198.31that $52,000,000, plus an amount sufficient to pay the costs related to issuance of
the bonds
198.32authorized under subdivision 3, including interest on the bonds, has been received
from the
198.33tax to pay for the cost of the projects authorized under subdivision 2. Any funds
remaining
198.34after payment of all such costs and retirement or redemption of the bonds shall be
placed
199.1in the general fund of the county. The tax imposed under subdivision 1 may expire
at an
199.2earlier time if the county so determines by ordinance.
199.3EFFECTIVE DATE.This section is effective the day after the governing body of Clay
199.4County and its chief clerical officer comply with Minnesota Statutes, section 645.021,
199.5subdivisions 2 and 3.
199.6 Sec. 28.
GARRISON, KATHIO, WEST MILLE LACS LAKE SANITARY
199.7DISTRICT; TAXES AUTHORIZED.
199.8 Subdivision 1. Sales and use tax authorization. Notwithstanding Minnesota Statutes,
199.9section 297A.99, subdivisions 1 and 2, or 477A.016, or any other law, and as approved
by
199.10the voters at the November 8, 2016, general election, the Garrison, Kathio, West Mille
Lacs
199.11Lake Sanitary District may impose, by majority vote of the governing body of the district,
199.12a sales and use tax of up to one percent for the purposes specified in subdivision
2. Except
199.13as otherwise provided in this section, the provisions of Minnesota Statutes, section
297A.99,
199.14govern the imposition, administration, collection, and enforcement of the tax authorized
199.15under this subdivision.
199.16 Subd. 2. Use of sales and use tax revenues. The revenues derived from the tax authorized
199.17under subdivision 1 must be used by the Garrison, Kathio, West Mille Lacs Lake Sanitary
199.18District to pay the costs of collecting and administering the tax and to repay general
obligation
199.19revenue notes issued or other debt incurred for the construction of the wastewater
collection
199.20system through the Minnesota Public Facilities Authority, general obligation disposal
system
199.21bonds issued to finance the expense incurred in financing construction of sewer system
199.22improvements, and notes payable issued for costs associated with the sewer services
199.23agreement between the Garrison, Kathio, West Mille Lacs Lake Sanitary District and
ML
199.24Wastewater Inc., and any other costs associated with system maintenance and improvements,
199.25including extension of the system to unserved customers as determined by the governing
199.26body of the district.
199.27 Subd. 3. Bonds. The Garrison, Kathio, West Mille Lacs Lake Sanitary District, pursuant
199.28to the approval of the voters at the November 8, 2016, referendum authorizing the
imposition
199.29of the tax under this section, may issue general obligation disposal system bonds
for financing
199.30construction of sewer system improvements without a separate election required under
199.31Minnesota Statutes, section 442.25 or 475.58. The amount of bonds that may be issued
199.32without a separate election is equal to $10,000,000 minus the amount of the tax revenue
199.33under this section committed to repay other notes as allowed under subdivision 2.
200.1 Subd. 4. Termination of taxes. The tax imposed under subdivision 1 expires at the
200.2earlier of: (1) 20 years after the tax is first imposed; or (2) when the governing
body of the
200.3Garrison, Kathio, West Mille Lacs Lake Sanitary District determines that $10,000,000
has
200.4been received from the tax to pay for the costs authorized under subdivision 2. Any
funds
200.5remaining after payment of all such costs and retirement or redemption of the bonds
shall
200.6be placed in the general fund of the district. The tax imposed under subdivision 1
may expire
200.7at an earlier time if the governing body of the district so determines.
200.8EFFECTIVE DATE.This section is effective the day after the governing body of the
200.9Garrison, Kathio, West Mille Lacs Lake Sanitary District and its chief clerical officer
comply
200.10with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
200.11 Sec. 29.
EFFECTIVE DATE; VALIDATION OF PRIOR ACT.
200.12Notwithstanding the time limits in Minnesota Statutes, section 645.021, the city of
200.13Proctor may approve Laws 2008, chapter 366, article 7, section 13, and Laws 2010,
chapter
200.14389, article 5, sections 1 and 2, and file its approval with the secretary of state
by January
200.151, 2015. If approved under this paragraph, actions undertaken by the city pursuant
to the
200.16approval of the voters on November 2, 2010, and otherwise in accordance with those
laws
200.17are validated.
200.18EFFECTIVE DATE.This section is effective the day following final enactment.
200.20TAX INCREMENT FINANCING
200.21 Section 1. Minnesota Statutes 2016, section 469.174, subdivision 12, is amended to read:
200.22 Subd. 12.
Economic development district. "Economic development district" means a
200.23type of tax increment financing district which consists of any project, or portions
of a project,
200.24which the authority finds to be in the public interest because:
200.25(1) it will discourage commerce, industry, or manufacturing from moving their operations
200.26to another state or municipality;
or
200.27(2) it will result in increased employment in the state;
or
200.28(3) it will result in preservation and enhancement of the tax base of the state
; or
200.29(4) it satisfies the requirements of a workforce housing project under section 469.176,
200.30subdivision 4c, paragraph (d).
201.1EFFECTIVE DATE.This section is effective for districts for which the request for
201.2certification was made after June 30, 2017.
201.3 Sec. 2. Minnesota Statutes 2016, section 469.175, subdivision 3, is amended to read:
201.4 Subd. 3.
Municipality approval. (a) A county auditor shall not certify the original net
201.5tax capacity of a tax increment financing district until the tax increment financing
plan
201.6proposed for that district has been approved by the municipality in which the district
is
201.7located. If an authority that proposes to establish a tax increment financing district
and the
201.8municipality are not the same, the authority shall apply to the municipality in which
the
201.9district is proposed to be located and shall obtain the approval of its tax increment
financing
201.10plan by the municipality before the authority may use tax increment financing. The
201.11municipality shall approve the tax increment financing plan only after a public hearing
201.12thereon after published notice in a newspaper of general circulation in the municipality
at
201.13least once not less than ten days nor more than 30 days prior to the date of the hearing.
The
201.14published notice must include a map of the area of the district from which increments
may
201.15be collected and, if the project area includes additional area, a map of the project
area in
201.16which the increments may be expended. The hearing may be held before or after the
approval
201.17or creation of the project or it may be held in conjunction with a hearing to approve
the
201.18project.
201.19 (b) Before or at the time of approval of the tax increment financing plan, the municipality
201.20shall make the following findings, and shall set forth in writing the reasons and
supporting
201.21facts for each determination:
201.22 (1) that the proposed tax increment financing district is a redevelopment district,
a
201.23renewal or renovation district, a housing district, a soils condition district, or
an economic
201.24development district; if the proposed district is a redevelopment district or a renewal
or
201.25renovation district, the reasons and supporting facts for the determination that the
district
201.26meets the criteria of section
469.174, subdivision 10, paragraph (a), clauses (1) and (2), or
201.27subdivision 10a, must be documented in writing and retained and made available to
the
201.28public by the authority until the district has been terminated;
201.29 (2) that, in the opinion of the municipality:
201.30 (i) the proposed development or redevelopment would not reasonably be expected to
201.31occur solely through private investment within the reasonably foreseeable future;
and
201.32 (ii) the increased market value of the site that could reasonably be expected to occur
201.33without the use of tax increment financing would be less than the increase in the
market
202.1value estimated to result from the proposed development after subtracting the present
value
202.2of the projected tax increments for the maximum duration of the district permitted
by the
202.3plan. The requirements of this item do not apply if the district is a housing district;
202.4 (3) that the tax increment financing plan conforms to the general plan for the development
202.5or redevelopment of the municipality as a whole;
202.6 (4) that the tax increment financing plan will afford maximum opportunity, consistent
202.7with the sound needs of the municipality as a whole, for the development or redevelopment
202.8of the project by private enterprise;
202.9 (5) that the municipality elects the method of tax increment computation set forth
in
202.10section
469.177, subdivision 3, paragraph (b), if applicable.
202.11 (c) When the municipality and the authority are not the same, the municipality shall
202.12approve or disapprove the tax increment financing plan within 60 days of submission
by
202.13the authority. When the municipality and the authority are not the same, the municipality
202.14may not amend or modify a tax increment financing plan except as proposed by the authority
202.15pursuant to subdivision 4. Once approved, the determination of the authority to undertake
202.16the project through the use of tax increment financing and the resolution of the governing
202.17body shall be conclusive of the findings therein and of the public need for the financing.
202.18 (d) For a district that is subject to the requirements of paragraph (b), clause (2),
item
202.19(ii), the municipality's statement of reasons and supporting facts must include all
of the
202.20following:
202.21 (1) an estimate of the amount by which the market value of the site will increase
without
202.22the use of tax increment financing;
202.23 (2) an estimate of the increase in the market value that will result from the development
202.24or redevelopment to be assisted with tax increment financing; and
202.25 (3) the present value of the projected tax increments for the maximum duration of
the
202.26district permitted by the tax increment financing plan.
202.27 (e) For purposes of this subdivision, "site" means the parcels on which the development
202.28or redevelopment to be assisted with tax increment financing will be located.
202.29(f) Before or at the time of approval of the tax increment financing plan for a district
to
202.30be used to fund a workforce housing project under section 469.176, subdivision 4c,
paragraph
202.31(d), the municipality shall make the following findings and set forth in writing the
reasons
202.32and supporting facts for each determination:
203.1(1) the city is located outside of the metropolitan area, as defined in section 473.121,
203.2subdivision 2;
203.3(2) the average vacancy rate for rental housing located in the municipality and in
any
203.4statutory or home rule charter city located within 15 miles or less of the boundaries
of the
203.5municipality has been three percent or less for at least the immediately preceding
two-year
203.6period;
203.7(3) at least one business located in the municipality or within 15 miles of the municipality
203.8that employs a minimum of 20 full-time equivalent employees in aggregate has provided
a
203.9written statement to the municipality indicating that the lack of available rental
housing has
203.10impeded the ability of the business to recruit and hire employees; and
203.11(4) the municipality and the development authority intend to use increments from the
203.12district for the development of rental housing to serve employees of businesses located
in
203.13the municipality or surrounding area.
203.14(g) The county auditor may not certify the original tax capacity of an economic
203.15development tax increment financing district for a workforce housing project if the
request
203.16for certification is made after June 30, 2027.
203.17EFFECTIVE DATE.This section is effective for districts for which the request for
203.18certification was made after June 30, 2017.
203.19 Sec. 3. Minnesota Statutes 2016, section 469.176, subdivision 4c, is amended to read:
203.20 Subd. 4c.
Economic development districts. (a) Revenue derived from tax increment
203.21from an economic development district may not be used to provide improvements, loans,
203.22subsidies, grants, interest rate subsidies, or assistance in any form to developments
consisting
203.23of buildings and ancillary facilities, if more than 15 percent of the buildings and
facilities
203.24(determined on the basis of square footage) are used for a purpose other than:
203.25 (1) the manufacturing or production of tangible personal property, including processing
203.26resulting in the change in condition of the property;
203.27 (2) warehousing, storage, and distribution of tangible personal property, excluding
retail
203.28sales;
203.29 (3) research and development related to the activities listed in clause (1) or (2);
203.30 (4) telemarketing if that activity is the exclusive use of the property;
203.31 (5) tourism facilities;
or
204.1 (6) space necessary for and related to the activities listed in clauses (1) to (5)
; or
204.2 (7) a workforce housing project that satisfies the requirements of paragraph (d).
204.3 (b) Notwithstanding the provisions of this subdivision, revenues derived from tax
204.4increment from an economic development district may be used to provide improvements,
204.5loans, subsidies, grants, interest rate subsidies, or assistance in any form for up
to 15,000
204.6square feet of any separately owned commercial facility located within the municipal
204.7jurisdiction of a small city, if the revenues derived from increments are spent only
to assist
204.8the facility directly or for administrative expenses, the assistance is necessary
to develop
204.9the facility, and all of the increments, except those for administrative expenses,
are spent
<