SF 2651

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to taxation; changing the deposit of revenues from the sales tax on motor
vehicle leases; amending Minnesota Statutes 2004, section 297A.94; Minnesota
Statutes 2005 Supplement, section 297A.815, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2005 Supplement, section 297A.815, is amended by
adding a subdivision to read:

new text begin Subd. 3. new text end

new text begin Deposit of revenues. new text end

new text begin (a) Notwithstanding any law to the contrary, money
collected and received under this section must be deposited as provided in this subdivision.
new text end

new text begin (b) From July 1, 2007, to June 30, 2008, 32 percent of the money collected and
received must be deposited in the highway user tax distribution fund, 20.5 percent must be
deposited in the metropolitan area transit fund under section 16A.88, and 1.25 percent
must be deposited in the greater Minnesota transit fund under section 16A.88. The
remaining money must be deposited in the general fund.
new text end

new text begin (c) From July 1, 2008, to June 30, 2009, 44.25 percent of the money collected and
received must be deposited in the highway user tax distribution fund, 28.025 percent must
be deposited in the metropolitan area transit fund under section 16A.88, 1.475 percent
must be deposited in the greater Minnesota transit fund under section 16A.88. The
remaining money must be deposited in the general fund.
new text end

new text begin (d) From July 1, 2009, to June 30, 2010, 50.25 percent of the money collected and
received must be deposited in the highway user tax distribution fund, 31.825 percent must
be deposited in the metropolitan area transit fund under section 16A.88, 1.675 percent
must be deposited in the greater Minnesota transit fund under section 16A.88. The
remaining money must be deposited in the general fund.
new text end

new text begin (e) From July 1, 2010, to June 30, 2011, 56.25 percent of the money collected and
received must be deposited in the highway user tax distribution fund, 35.625 percent must
be deposited in the metropolitan area transit fund under section 16A.88, 1.875 percent
must be deposited in the greater Minnesota transit fund under section 16A.88. The
remaining money must be deposited in the general fund.
new text end

new text begin (f) On and after July 1, 2011, 60 percent of the money collected and received must
be deposited in the highway user tax distribution fund, 38 percent must be deposited in the
metropolitan area transit fund under section 16A.88, and two percent must be deposited in
the greater Minnesota transit fund under section 16A.88.
new text end

Sec. 2.

Minnesota Statutes 2005 Supplement, section 297A.815, is amended by adding
a subdivision to read:

new text begin Subd. 4. new text end

new text begin Reporting of tax proceeds. new text end

new text begin A lessor must report taxes collected under
this section separately from any other taxes collected and remitted under this chapter or
chapter 297B.
new text end

Sec. 3.

Minnesota Statutes 2004, section 297A.94, is amended to read:

297A.94 DEPOSIT OF REVENUES.

(a) Except as provided in this section, the commissioner shall deposit the revenues,
including interest and penalties, derived from the taxes imposed by this chapter in the state
treasury and credit them to the general fund.

(b) The commissioner shall deposit taxes in the Minnesota agricultural and economic
account in the special revenue fund if:

(1) the taxes are derived from sales and use of property and services purchased for
the construction and operation of an agricultural resource project; and

(2) the purchase was made on or after the date on which a conditional commitment
was made for a loan guaranty for the project under section 41A.04, subdivision 3.

The commissioner of finance shall certify to the commissioner the date on which the
project received the conditional commitment. The amount deposited in the loan guaranty
account must be reduced by any refunds and by the costs incurred by the Department of
Revenue to administer and enforce the assessment and collection of the taxes.

(c) The commissioner shall deposit the revenues, including interest and penalties,
derived from the taxes imposed on sales and purchases included in section 297A.61,
subdivision 3, paragraph (g), clauses (1) and (4), in the state treasury, and credit them
as follows:

(1) first to the general obligation special tax bond debt service account in each fiscal
year the amount required by section 16A.661, subdivision 3, paragraph (b); and

(2) after the requirements of clause (1) have been met, the balance to the general
fund.

(d) The commissioner shall deposit the revenues, including interest and penalties,
collected under section 297A.64, subdivision 5, in the state treasury and credit them to the
general fund. By July 15 of each year the commissioner shall transfer to the highway user
tax distribution fund an amount equal to the excess fees collected under section 297A.64,
subdivision 5, for the previous calendar year.

new text begin (e) The commissioner shall deposit the revenues, including interest and penalties,
collected under section 297A.815, subdivisions 1 and 2, as provided in section 297A.815,
subdivision 3.
new text end

deleted text begin (e) deleted text end new text begin (f) new text end For fiscal year 2001, 97 percent; for fiscal years 2002 and 2003, 87 percent;
and for fiscal year 2004 and thereafter, 72.43 percent of the revenues, including interest
and penalties, transmitted to the commissioner under section 297A.65, must be deposited
by the commissioner in the state treasury as follows:

(1) 50 percent of the receipts must be deposited in the heritage enhancement account
in the game and fish fund, and may be spent only on activities that improve, enhance, or
protect fish and wildlife resources, including conservation, restoration, and enhancement
of land, water, and other natural resources of the state;

(2) 22.5 percent of the receipts must be deposited in the natural resources fund, and
may be spent only for state parks and trails;

(3) 22.5 percent of the receipts must be deposited in the natural resources fund, and
may be spent only on metropolitan park and trail grants;

(4) three percent of the receipts must be deposited in the natural resources fund, and
may be spent only on local trail grants; and

(5) two percent of the receipts must be deposited in the natural resources fund,
and may be spent only for the Minnesota Zoological Garden, the Como Park Zoo and
Conservatory, and the Duluth Zoo.

deleted text begin (f) deleted text end new text begin (g) new text end The revenue dedicated under paragraph deleted text begin (e) deleted text end new text begin (f) new text end may not be used as a substitute
for traditional sources of funding for the purposes specified, but the dedicated revenue
shall supplement traditional sources of funding for those purposes. Land acquired with
money deposited in the game and fish fund under paragraph deleted text begin (e) deleted text end new text begin (f) new text end must be open to public
hunting and fishing during the open season, except that in aquatic management areas or
on lands where angling easements have been acquired, fishing may be prohibited during
certain times of the year and hunting may be prohibited. At least 87 percent of the money
deposited in the game and fish fund for improvement, enhancement, or protection of fish
and wildlife resources under paragraph deleted text begin (e) deleted text end new text begin (f) new text end must be allocated for field operations.

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

new text begin In Minnesota Statutes 2004, section 97A.055, subdivision 2, clause (7), the revisor
of statutes shall remove "297A.94, paragraph (e), clause (1)," and insert "297A.94,
paragraph (f), clause (1)," to reflect the change made in section 3.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective July 1, 2007, if the constitutional amendment proposed
to the people by Laws 2005, chapter 88, article 3, section 9, is approved.
new text end