SF 1798

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to tax increment financing; applying the 
  1.3             five-year rule to pre-1990 districts; providing time 
  1.4             limitations; amending Minnesota Statutes 2000, 
  1.5             sections 469.1763, by adding a subdivision; 469.1771, 
  1.6             by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 469.1763, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 7.  [PRE-1990 DISTRICTS.] (a) Subdivisions 1, 3, 4, 
  1.11  and 5 apply to districts for which the request was made before 
  1.12  May 1, 1990.  The date of certification for a district for which 
  1.13  the request of certification was made before May 1, 1990, is 
  1.14  deemed to be July 1, 2001. 
  1.15     (b) This subdivision does not apply to: 
  1.16     (1) a district if the county board approves, by resolution, 
  1.17  a request by the authority to exempt the district from this 
  1.18  subdivision by no later than July 1, 2005; 
  1.19     (2) a housing district; or 
  1.20     (3) a soils condition district or a redevelopment district 
  1.21  if the district was authorized or certified pursuant to a 
  1.22  special law. 
  1.23     [EFFECTIVE DATE.] This section is effective for districts 
  1.24  for which the request for certification was made after June 30, 
  1.25  1982. 
  1.26     Sec. 2.  Minnesota Statutes 2000, section 469.1771, is 
  2.1   amended by adding a subdivision to read: 
  2.2      Subd. 7.  [TIME LIMITATION; AUDITS, ACTIONS.] (a) The 
  2.3   authority of the state auditor to examine or audit the use by a 
  2.4   political subdivision of tax increment finance ends 3-1/2 years 
  2.5   after: 
  2.6      (1) the last day of the taxes payable year in which the tax 
  2.7   increment financing district was decertified for limitations of 
  2.8   other provisions of the law that are determined by or dependent 
  2.9   upon the district; 
  2.10     (2) the date on which the authority, by resolution, 
  2.11  terminates the project for limitations or provisions of the law 
  2.12  that are determined by or dependent upon the project or the 
  2.13  project area. 
  2.14     (b) No action may be commenced under this section more than 
  2.15  one year after the end of the audit period under paragraph (a).  
  2.16  This limitation does not apply to an action in tax court under 
  2.17  subdivision 2b, if the action is commenced within one year after 
  2.18  the receipt by the attorney general of the notification from the 
  2.19  state auditor. 
  2.20     [EFFECTIVE DATE.] This section is effective January 1, 
  2.21  2002, and applies to all tax increment financing districts, 
  2.22  regardless of when the request for certification was made, and 
  2.23  to actions commenced after January 1, 2002.