SF 2991

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to taxation; wind production tax; changing 
  1.3             the due date for the wind energy reports; providing 
  1.4             that the tax distribution is based on the previous 
  1.5             year's local tax rates; allowing certain township 
  1.6             levies to be adjusted for production tax in 2004; 
  1.7             amending Minnesota Statutes 2002, section 272.029, 
  1.8             subdivisions 4, 6. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2002, section 272.029, 
  1.11  subdivision 4, is amended to read: 
  1.12     Subd. 4.  [REPORTS.] (a) An owner of a wind energy 
  1.13  conversion system subject to tax under subdivision 3 shall file 
  1.14  a report with the commissioner of revenue annually on or before 
  1.15  March 1 February 1 detailing the amount of electricity in 
  1.16  kilowatt-hours that was produced by the wind energy conversion 
  1.17  system for the previous calendar year.  The commissioner shall 
  1.18  prescribe the form of the report.  The report must contain the 
  1.19  information required by the commissioner to determine the tax 
  1.20  due to each county under this section for the current year.  If 
  1.21  an owner of a wind energy conversion system subject to taxation 
  1.22  under this section fails to file the report by the due date, the 
  1.23  commissioner of revenue shall determine the tax based upon the 
  1.24  nameplate capacity of the system multiplied by a capacity factor 
  1.25  of 40 percent. 
  1.26     (b) On or before March 31 February 28, the commissioner of 
  1.27  revenue shall notify the owner of the wind energy conversion 
  2.1   systems of the tax due to each county for the current year and 
  2.2   shall certify to the county auditor of each county in which the 
  2.3   systems are located the tax due from each owner for the current 
  2.4   year. 
  2.5      [EFFECTIVE DATE.] This section is effective for taxes 
  2.6   payable in 2005 and thereafter. 
  2.7      Sec. 2.  Minnesota Statutes 2002, section 272.029, 
  2.8   subdivision 6, is amended to read: 
  2.9      Subd. 6.  [DISTRIBUTION OF REVENUES.] Revenues from the 
  2.10  taxes imposed under subdivision 5 must be part of the settlement 
  2.11  between the county treasurer and the county auditor under 
  2.12  section 276.09.  The revenue must be distributed by the county 
  2.13  auditor or the county treasurer to all local taxing 
  2.14  jurisdictions in which the wind energy conversion system is 
  2.15  located, in the same proportion that each of the taxing 
  2.16  jurisdiction's current previous year's net tax capacity based 
  2.17  tax rate is to the current previous year's total local net tax 
  2.18  capacity based rate. 
  2.19     [EFFECTIVE DATE.] This section is effective for taxes 
  2.20  payable in 2004 and thereafter. 
  2.21     Sec. 3.  [TOWNSHIP LEVY ADJUSTMENT FOR WIND ENERGY 
  2.22  PRODUCTION TAX; PAYABLE 2004 ONLY.] 
  2.23     Notwithstanding the deadlines in Minnesota Statutes, 
  2.24  section 275.07, towns located in Lincoln or Pipestone County are 
  2.25  authorized to adjust their payable 2004 levy for all or a 
  2.26  portion of their estimated wind energy production tax amounts 
  2.27  for 2004, as computed by the commissioner of revenue from 
  2.28  reports filed under Minnesota Statutes, section 272.029, 
  2.29  subdivision 4.  The Lincoln and Pipestone county auditors may 
  2.30  adjust the payable 2004 levy certifications under Minnesota 
  2.31  Statutes, section 275.07, subdivision 1, based upon the towns 
  2.32  that have recertified their levies under this section by March 
  2.33  15, 2004. 
  2.34     [EFFECTIVE DATE.] This section is effective for taxes 
  2.35  levied in 2003, payable in 2004 only.