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Key: (1) language to be deleted (2) new language

CHAPTER 7--H.F.No. 20

An act

relating to the financing of state and local government; making changes to individual income, corporate franchise, estate, property, aids, credits, payments, refunds, sales and use, minerals, local, tax increment financing, insurance, and other taxes and tax-related provisions; authorizing local taxes; modifying sustainable forest resource management incentive; providing a science and technology program; conforming to changes made to the Internal Revenue Code; requiring commissioner of revenue to initiate negotiations for reciprocity agreement with state of Wisconsin; setting the levels of the cash flow account and the budget reserve account; reducing certain maintenance of effort requirements; modifying powers of commissioner of revenue resulting from temporary state shutdown; providing disaster relief; authorizing income tax data sharing with Wisconsin; providing alternative process for consolidation of counties; authorizing tobacco bonds; requiring studies; requiring reports; appropriating money;

amending Minnesota Statutes 2010, sections 16A.151, subdivision 2; 97A.061, subdivision 1; 126C.01, subdivision 3; 270B.12, by adding a subdivision; 270C.13, subdivision 1; 270C.991, subdivision 4; 272.02, subdivision 39, by adding subdivisions; 273.121, subdivision 1; 273.13, subdivisions 23, as amended, 25, 34, by adding a subdivision; 273.1384, subdivisions 3, 4; 273.1393; 275.025, subdivision 3; 276.04, subdivision 2; 289A.02, subdivision 7, as amended; 290.01, subdivisions 19, as amended, 19a, as amended, 19c, as amended, 31, as amended; 290.05, subdivision 1; 290.0671, subdivision 1; 290.0675, subdivision 1; 290.9201, subdivision 11; 290A.03, subdivisions 11, 13, 15, as amended; 290A.04, subdivisions 2, 4; 290C.07; 291.005, subdivision 1; 291.03, subdivision 1, by adding subdivisions; 297A.61, subdivision 3, as amended, by adding subdivisions; 297A.66, by adding a subdivision; 297A.668, by adding a subdivision; 297A.68, subdivision 4, by adding subdivisions; 297A.70, subdivisions 1, 2, 3, 6; 297A.75, subdivisions 1, 2, 3; 297A.99, subdivisions 1, 3; 297B.03; 297I.01, subdivisions 9, 16, by adding subdivisions; 297I.05, subdivisions 7, 12; 297I.30, subdivisions 1, 2; 298.001, by adding a subdivision; 298.01, subdivisions 3, 3a; 298.015, subdivisions 1, 2; 298.016, subdivision 4; 473.757, subdivision 11; 477A.011, subdivision 20; 477A.0124, by adding a subdivision; 477A.013, subdivision 9, by adding a subdivision; 477A.03; 477A.11, subdivision 1; 477A.12, subdivision 1; 477A.14, subdivision 1; Laws 1995, chapter 264, article 5, section 45, subdivision 1, as amended; Laws 1996, chapter 471, article 2, section 29, subdivision 1, as amended; Laws 1998, chapter 389, article 8, section 43, subdivisions 3, as amended, 4, as amended, 5, as amended; Laws 2006, chapter 257, section 2; Laws 2008, chapter 366, article 7, section 19, subdivision 3; Laws 2010, chapter 389, article 5, section 6, subdivision 1; Laws 2010, First Special Session chapter 1, article 13, section 4, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 16A; 116W; 275; 373; repealing Minnesota Statutes 2010, sections 273.1384, subdivisions 1, 6; 275.295; 290.0678; 290.9201, subdivision 3; 297I.05, subdivisions 9, 10; 298.017; 477A.145.

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

ARTICLE 1

INDIVIDUAL INCOME AND ESTATE TAXES

Section 1.

Minnesota Statutes 2010, section 270B.12, is amended by adding a subdivision to read:

new text begin Subd. 14. new text end

new text begin Wisconsin secretary of revenue; income tax reciprocity benchmark study. new text end

new text begin The commissioner may disclose return information to the secretary of revenue of the state of Wisconsin for the purpose of conducting a joint individual income tax reciprocity study. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2010, section 290.9201, subdivision 11, is amended to read:

Subd. 11.

deleted text begin Exceptiondeleted text end new text begin Exemptionnew text end from withholding deleted text begin for public speakersdeleted text end new text begin and taxnew text end .

deleted text begin The provisions ofdeleted text end new text begin (a)new text end Subdivisions 7 and 8 deleted text begin shall not be effective fordeleted text end new text begin do not apply to:new text end

new text begin (1)new text end compensation paid to nonresident public speakers, if the compensation paid to the speaker is less than $2,000 or is only a payment of the speaker's expensesdeleted text begin .deleted text end new text begin ; ornew text end

new text begin (2) compensation paid to an entertainment entity if the compensation paid to the entertainment entity is less than $600. new text end

new text begin (b) Compensation paid to a public speaker or an entertainment entity that is not subject to withholding tax under this subdivision is not subject to tax under subdivision 2 unless the total compensation received by the public speaker or entertainment entity in the tax year exceeds the individual income tax filing requirements for a nonresident individual under section 289A.08, subdivision 1, paragraph (a), clause (1). new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for compensation paid or received after December 31, 2011. new text end

Sec. 3.

Minnesota Statutes 2010, section 291.005, subdivision 1, is amended to read:

Subdivision 1.

Scope.

Unless the context otherwise clearly requires, the following terms used in this chapter shall have the following meanings:

(1) "Commissioner" means the commissioner of revenue or any person to whom the commissioner has delegated functions under this chapter.

(2) "Federal gross estate" means the gross estate of a decedent as required to be valued and otherwise determined for federal estate tax purposes under the Internal Revenue Code.

(3) "Internal Revenue Code" means the United States Internal Revenue Code of 1986, as amended through March 18, 2010, but without regard to the provisions of sections 501 and 901 of Public Law 107-16.

(4) "Minnesota adjusted taxable estate" means federal adjusted taxable estate as defined by section 2011(b)(3) of the Internal Revenue Code, deleted text begin increased bydeleted text end new text begin plusnew text end

new text begin (i)new text end the amount of deduction for state death taxes allowed under section 2058 of the Internal Revenue Codenew text begin ; lessnew text end

new text begin (ii) (A) the value of qualified small business property under section 291.03, subdivision 9, and the value of qualified farm property under section 291.03, subdivision 10, or (B) $4,000,000, whichever is lessnew text end .

(5) "Minnesota gross estate" means the federal gross estate of a decedent after (a) excluding therefrom any property included therein which has its situs outside Minnesota, and (b) including therein any property omitted from the federal gross estate which is includable therein, has its situs in Minnesota, and was not disclosed to federal taxing authorities.

(6) "Nonresident decedent" means an individual whose domicile at the time of death was not in Minnesota.

(7) "Personal representative" means the executor, administrator or other person appointed by the court to administer and dispose of the property of the decedent. If there is no executor, administrator or other person appointed, qualified, and acting within this state, then any person in actual or constructive possession of any property having a situs in this state which is included in the federal gross estate of the decedent shall be deemed to be a personal representative to the extent of the property and the Minnesota estate tax due with respect to the property.

(8) "Resident decedent" means an individual whose domicile at the time of death was in Minnesota.

(9) "Situs of property" means, with respect to real property, the state or country in which it is located; with respect to tangible personal property, the state or country in which it was normally kept or located at the time of the decedent's death; and with respect to intangible personal property, the state or country in which the decedent was domiciled at death.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for decedents dying after June 30, 2011. new text end

Sec. 4.

Minnesota Statutes 2010, section 291.03, subdivision 1, is amended to read:

Subdivision 1.

Tax amount.

(a) The tax imposed shall be an amount equal to the proportion of the maximum credit for state death taxes computed under section 2011 of the Internal Revenue Code, but using Minnesota adjusted taxable estate instead of federal adjusted taxable estate, as the Minnesota gross estate bears to the value of the federal gross estate.

(b) The tax determined under this subdivision must not be greater than the sum of the following amounts multiplied by a fraction, the numerator of which is the Minnesota gross estate and the denominator of which is the federal gross estate:

(1) the rates and brackets under section 2001(c) of the Internal Revenue Code multiplied by the sum of:

(i) the taxable estate, as defined under section 2051 of the Internal Revenue Code; plus

(ii) adjusted taxable gifts, as defined in section 2001(b) of the Internal Revenue Code; less

new text begin (iii) the lesser of (A) the sum of the value of qualified small business property under subdivision 9, and the value of qualified farm property under subdivision 10, or (B) $4,000,000; less new text end

(2) the amount of tax allowed under section 2001(b)(2) of the Internal Revenue Code; and less

(3) the federal credit allowed under section 2010 of the Internal Revenue Code.

(c) For purposes of this subdivision, "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended through December 31, 2000.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for decedents dying after June 30, 2011. new text end

Sec. 5.

Minnesota Statutes 2010, section 291.03, is amended by adding a subdivision to read:

new text begin Subd. 8. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the meanings given in this subdivision. new text end

new text begin (b) "Family member" means a family member as defined in section 2032A(e)(2) of the Internal Revenue Code. new text end

new text begin (c) "Qualified heir" means a family member who acquired qualified property from the decedent and satisfies the requirement under subdivision 9, clause (6), or subdivision 10, clause (4), for the property. new text end

new text begin (d) "Qualified property" means qualified small businesss property under subdivision 9 and qualified farm property under subdivision 10. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for decedents dying after June 30, 2011. new text end

Sec. 6.

Minnesota Statutes 2010, section 291.03, is amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Qualified small business property. new text end

new text begin Property satisfying all of the following requirements is qualified small business property: new text end

new text begin (1) The value of the property was included in the federal adjusted taxable estate. new text end

new text begin (2) The property consists of the assets of a trade or business or shares of stock or other ownership interests in a corporation or other entity engaged in a trade or business. The decedent or the decedent's spouse must have materially participated in the trade or business within the meaning of section 469 of the Internal Revenue Code during the taxable year that ended before the date of the decedent's death. Shares of stock in a corporation or an ownership interest in another type of entity do not qualify under this subdivision if the shares or ownership interests are traded on a public stock exchange at any time during the three-year period ending on the decedent's date of death. new text end

new text begin (3) The gross annual sales of the trade or business were $10,000,000 or less for the last taxable year that ended before the date of the death of the decedent. new text end

new text begin (4) The property does not consist of cash or cash equivalents. For property consisting of shares of stock or other ownership interests in an entity, the amount of cash or cash equivalents held by the corporation or other entity must be deducted from the value of the property qualifying under this subdivision in proportion to the decedent's share of ownership of the entity on the date of death. new text end

new text begin (5) The decedent continuously owned the property for the three-year period ending on the date of death of the decedent. new text end

new text begin (6) A family member continuously uses the property in the operation of the trade or business for three years following the date of death of the decedent. new text end

new text begin (7) The estate and the qualified heir elect to treat the property as qualified small business property and agree, in the form prescribed by the commissioner, to pay the recapture tax under subdivision 11, if applicable. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for decedents dying after June 30, 2011. new text end

Sec. 7.

Minnesota Statutes 2010, section 291.03, is amended by adding a subdivision to read:

new text begin Subd. 10. new text end

new text begin Qualified farm property. new text end

new text begin Property satisfying all of the following requirements is qualified farm property: new text end

new text begin (1) The value of the property was included in the federal adjusted taxable estate. new text end

new text begin (2) The property consists of a farm meeting the requirements of section 500.24, and was classified for property tax purposes as the homestead of the decedent or the decedent's spouse or both under section 273.124, and as class 2a property under section 273.13, subdivision 23. new text end

new text begin (3) The decedent continuously owned the property for the three-year period ending on the date of death of the decedent. new text end

new text begin (4) A family member continuously uses the property in the operation of the trade or business for three years following the date of death of the decedent. new text end

new text begin (5) The estate and the qualified heir elect to treat the property as qualified farm property and agree, in a form prescribed by the commissioner, to pay the recapture tax under subdivision 11, if applicable. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for decedents dying after June 30, 2011. new text end

Sec. 8.

Minnesota Statutes 2010, section 291.03, is amended by adding a subdivision to read:

new text begin Subd. 11. new text end

new text begin Recapture tax. new text end

new text begin (a) If, within three years after the decedent's death and before the death of the qualified heir, the qualified heir disposes of any interest in the qualified property, other than by a disposition to a family member, or a family member ceases to use the qualified property which was acquired or passed from the decedent, an additional estate tax is imposed on the property. new text end

new text begin (b) The amount of the additional tax equals the amount of the exclusion claimed by the estate under subdivision 8, paragraph (d), multiplied by 16 percent. new text end

new text begin (c) The additional tax under this subdivision is due on the day which is six months after the date of the disposition or cessation in paragraph (a). new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for decedents dying after June 30, 2011. new text end

Sec. 9.

new text begin INCOME TAX RECIPROCITY BENCHMARK STUDY. new text end

new text begin (a) The Department of Revenue, in conjunction with the Wisconsin Department of Revenue, must, provided the conditions of paragraph (d) are satisfied, conduct a study to determine at least the following: new text end

new text begin (1) the number of residents of each state who earn income from personal services in the other state; new text end

new text begin (2) the total amount of income earned by residents of each state who earn income from personal services in the other state; and new text end

new text begin (3) the change in tax revenue in each state if an income tax reciprocity arrangement were resumed between the two states under which the taxpayers were required to pay income taxes on the income only in their state of residence. new text end

new text begin (b) The study must use information obtained from each state's income tax returns for tax year 2011, and from any other source of information the departments determine is necessary to complete the study. new text end

new text begin (c) No later than March 1, 2013, the Department of Revenue must submit a report containing the results of the study to the governor and to the chairs and ranking minority members of the legislative committees having jurisdiction over taxes, in compliance with Minnesota Statutes, sections 3.195 and 3.197. new text end

new text begin (d) The department shall conduct the study only if the commissioner of revenue receives notice from the secretary of revenue that the Wisconsin Department of Revenue will fully participate in the study. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

new text begin ESTATE TAX; STUDY. new text end

new text begin (a) The commissioner of revenue shall conduct a study of the Minnesota estate tax. The study must include at least the following elements: new text end

new text begin (1) evaluation of the estate tax using standard tax policy principles and methods of analysis; new text end

new text begin (2) consideration of the implications of recent federal estate tax changes, including the repeal of the federal credit for state death taxes, the increase in the federal exclusion amount, and the portability of the federal exclusion, for state estate and inheritance taxes; new text end

new text begin (3) consideration of the advantages and disadvantages of revenue neutral alternatives to the estate tax, such as an inheritance tax, a complementary gift tax, or imposition of the income tax on bequests; and new text end

new text begin (4) analysis of the available empirical evidence on the effects of the present and alternative tax structures of a Minnesota tax on estates or inheritances on domicile and migration decisions of residents and the implications for state revenues. new text end

new text begin (b) In preparing the study, the commissioner shall consult with and seek advice from the probate and estate section of the Minnesota State Bar Association. new text end

new text begin (c) By February 1, 2013, the commissioner shall submit a report to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over taxation, in compliance with Minnesota Statutes, sections 3.195 and 3.197, of the findings of the study and identification of issues for policy makers to consider in deciding whether to revise, reform, replace, or repeal the estate tax. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 11.

new text begin NEW RECIPROCITY AGREEMENT WITH WISCONSIN. new text end

new text begin (a) The commissioner of revenue shall initiate negotiations with the secretary of revenue of Wisconsin, with the objective of entering into an income tax reciprocity agreement effective for tax years beginning after December 31, 2011. new text end

new text begin (b) At least 30 days before entering a final income tax reciprocity agreement with Wisconsin, the commissioner of revenue shall provide a copy of the proposed agreement and any supporting documentation, including an estimate of the impact of the agreement on state revenues, to the chairs and ranking minority members of the committees of the house of representatives and senate with jurisdiction over taxes. The commissioner shall consider any comments on the proposed agreement provided by the chairs or ranking minority members. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 12.

new text begin APPROPRIATIONS. new text end

new text begin $291,000 in fiscal year 2012 and $314,000 in fiscal year 2013 are appropriated from the general fund to the commissioner of revenue for the income reciprocity benchmark study required under section 9. The appropriations under this section are onetime and are not added to the agency's base budget. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 13.

new text begin REPEALER. new text end

new text begin (a) new text end new text begin Minnesota Statutes 2010, section 290.0678, new text end new text begin is repealed. new text end

new text begin (b) new text end new text begin Minnesota Statutes 2010, section 290.9201, subdivision 3, new text end new text begin is repealed. new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a) is effective for taxable years beginning after December 31, 2011. Paragraph (b) is effective for compensation received after December 31, 2011. new text end

ARTICLE 2

FEDERAL UPDATE

Section 1.

Minnesota Statutes 2010, section 289A.02, subdivision 7, as amended by Laws 2011, chapter 8, section 1, is amended to read:

Subd. 7.

Internal Revenue Code.

Unless specifically defined otherwise, deleted text begin for taxable years beginning before January 1, 2010, and after December 31, 2010,deleted text end "Internal Revenue Code" means the Internal Revenue Code of 1986, deleted text begin as amended through March 18, 2010; and for taxable years beginning after December 31, 2009, and before January 1, 2011, "Internal Revenue Code" means the Internal Revenue Code of 1986,deleted text end as amended through deleted text begin December 31, 2010deleted text end new text begin April 14, 2011new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment for taxable years beginning after December 31, 2009. new text end

Sec. 2.

Minnesota Statutes 2010, section 290.01, subdivision 19, as amended by Laws 2011, chapter 8, section 2, is amended to read:

Subd. 19.

Net income.

The term "net income" means the federal taxable income, as defined in section 63 of the Internal Revenue Code of 1986, as amended through the date named in this subdivision, incorporating the federal effective dates of changes to the Internal Revenue Code and any elections made by the taxpayer in accordance with the Internal Revenue Code in determining federal taxable income for federal income tax purposes, and with the modifications provided in subdivisions 19a to 19f.

In the case of a regulated investment company or a fund thereof, as defined in section 851(a) or 851(g) of the Internal Revenue Code, federal taxable income means investment company taxable income as defined in section 852(b)(2) of the Internal Revenue Code, except that:

(1) the exclusion of net capital gain provided in section 852(b)(2)(A) of the Internal Revenue Code does not apply;

(2) the deduction for dividends paid under section 852(b)(2)(D) of the Internal Revenue Code must be applied by allowing a deduction for capital gain dividends and exempt-interest dividends as defined in sections 852(b)(3)(C) and 852(b)(5) of the Internal Revenue Code; and

(3) the deduction for dividends paid must also be applied in the amount of any undistributed capital gains which the regulated investment company elects to have treated as provided in section 852(b)(3)(D) of the Internal Revenue Code.

The net income of a real estate investment trust as defined and limited by section 856(a), (b), and (c) of the Internal Revenue Code means the real estate investment trust taxable income as defined in section 857(b)(2) of the Internal Revenue Code.

The net income of a designated settlement fund as defined in section 468B(d) of the Internal Revenue Code means the gross income as defined in section 468B(b) of the Internal Revenue Code.

The Internal Revenue Code of 1986, as amended through deleted text begin March 18, 2010deleted text end new text begin April 14,new text end new text begin 2011new text end , shall be in effect for taxable years beginning after December 31, 1996deleted text begin , except that for taxable years beginning after December 31, 2009, and before January 1, 2011, "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended through December 31, 2010deleted text end . The provisions of the act of January 22, 2010, Public Law 111-126, to accelerate the benefits for charitable cash contributions for the relief of victims of the Haitian earthquake, are effective at the same time it became effective for federal purposes and apply to the subtraction under subdivision 19b, clause (6). The provisions of title II, section 2112, of the act of September 27, 2010, Public Law 111-240, rollovers from elective deferral plans to designated Roth accounts, are effective at the same time they became effective for federal purposes and taxable rollovers are included in net income at the same time they are included in gross income for federal purposes.

Except as otherwise provided, references to the Internal Revenue Code in subdivisions 19 to 19f mean the code in effect for purposes of determining net income for the applicable year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment, except that the changes incorporated by federal changes are effective at the same time as the changes were effective for federal purposes. new text end

Sec. 3.

Minnesota Statutes 2010, section 290.01, subdivision 19a, as amended by Laws 2011, chapter 8, section 3, and Laws 2011, chapter 112, article 6, section 1, is amended to read:

Subd. 19a.

Additions to federal taxable income.

For individuals, estates, and trusts, there shall be added to federal taxable income:

(1)(i) interest income on obligations of any state other than Minnesota or a political or governmental subdivision, municipality, or governmental agency or instrumentality of any state other than Minnesota exempt from federal income taxes under the Internal Revenue Code or any other federal statute; and

(ii) exempt-interest dividends as defined in section 852(b)(5) of the Internal Revenue Code, except:

(A) the portion of the exempt-interest dividends exempt from state taxation under the laws of the United States; and

(B) the portion of the exempt-interest dividends derived from interest income on obligations of the state of Minnesota or its political or governmental subdivisions, municipalities, governmental agencies or instrumentalities, but only if the portion of the exempt-interest dividends from such Minnesota sources paid to all shareholders represents 95 percent or more of the exempt-interest dividends, including any dividends exempt under subitem (A), that are paid by the regulated investment company as defined in section 851(a) of the Internal Revenue Code, or the fund of the regulated investment company as defined in section 851(g) of the Internal Revenue Code, making the payment; and

(iii) for the purposes of items (i) and (ii), interest on obligations of an Indian tribal government described in section 7871(c) of the Internal Revenue Code shall be treated as interest income on obligations of the state in which the tribe is located;

(2) the amount of income, sales and use, motor vehicle sales, or excise taxes paid or accrued within the taxable year under this chapter and the amount of taxes based on net income paid, sales and use, motor vehicle sales, or excise taxes paid to any other state or to any province or territory of Canada, to the extent allowed as a deduction under section 63(d) of the Internal Revenue Code, but the addition may not be more than the amount by which the itemized deductions as allowed under section 63(d) of the Internal Revenue Code exceeds the amount of the standard deduction as defined in section 63(c) of the Internal Revenue Code, disregarding the amounts allowed under sections 63(c)(1)(C) and 63(c)(1)(E) of the Internal Revenue Codenew text begin , minus any addition that would have been required under clause (21) if the taxpayer had claimed the standard deductionnew text end . For the purpose of this paragraph, the disallowance of itemized deductions under section 68 of the Internal Revenue Code of 1986, income, sales and use, motor vehicle sales, or excise taxes are the last itemized deductions disallowed;

(3) the capital gain amount of a lump-sum distribution to which the special tax under section 1122(h)(3)(B)(ii) of the Tax Reform Act of 1986, Public Law 99-514, applies;

(4) the amount of income taxes paid or accrued within the taxable year under this chapter and taxes based on net income paid to any other state or any province or territory of Canada, to the extent allowed as a deduction in determining federal adjusted gross income. For the purpose of this paragraph, income taxes do not include the taxes imposed by sections 290.0922, subdivision 1, paragraph (b), 290.9727, 290.9728, and 290.9729;

(5) the amount of expense, interest, or taxes disallowed pursuant to section 290.10 other than expenses or interest used in computing net interest income for the subtraction allowed under subdivision 19b, clause (1);

(6) the amount of a partner's pro rata share of net income which does not flow through to the partner because the partnership elected to pay the tax on the income under section 6242(a)(2) of the Internal Revenue Code;

(7) 80 percent of the depreciation deduction allowed under section 168(k) of the Internal Revenue Code. For purposes of this clause, if the taxpayer has an activity that in the taxable year generates a deduction for depreciation under section 168(k) and the activity generates a loss for the taxable year that the taxpayer is not allowed to claim for the taxable year, "the depreciation allowed under section 168(k)" for the taxable year is limited to excess of the depreciation claimed by the activity under section 168(k) over the amount of the loss from the activity that is not allowed in the taxable year. In succeeding taxable years when the losses not allowed in the taxable year are allowed, the depreciation under section 168(k) is allowed;

(8) 80 percent of the amount by which the deduction allowed by section 179 of the Internal Revenue Code exceeds the deduction allowable by section 179 of the Internal Revenue Code of 1986, as amended through December 31, 2003;

(9) to the extent deducted in computing federal taxable income, the amount of the deduction allowable under section 199 of the Internal Revenue Code;

(10) new text begin for taxable years beginning before January 1, 2013, new text end the exclusion allowed under section 139A of the Internal Revenue Code for federal subsidies for prescription drug plans;

(11) the amount of expenses disallowed under section 290.10, subdivision 2;

(12) for taxable years beginning before January 1, 2010, deleted text begin and after December 31, 2010,deleted text end the amount deducted for qualified tuition and related expenses under section 222 of the Internal Revenue Code, to the extent deducted from gross income;

(13) for taxable years beginning before January 1, 2010, deleted text begin and after December 31, 2010,deleted text end the amount deducted for certain expenses of elementary and secondary school teachers under section 62(a)(2)(D) of the Internal Revenue Code, to the extent deducted from gross income;

(14) the additional standard deduction for property taxes payable that is allowable under section 63(c)(1)(C) of the Internal Revenue Code;

(15) the additional standard deduction for qualified motor vehicle sales taxes allowable under section 63(c)(1)(E) of the Internal Revenue Code;

(16) discharge of indebtedness income resulting from reacquisition of business indebtedness and deferred under section 108(i) of the Internal Revenue Code; deleted text begin anddeleted text end

(17) the amount of unemployment compensation exempt from tax under section 85(c) of the Internal Revenue Code; deleted text begin anddeleted text end

(18) changes to federal taxable income attributable to a net operating loss that the taxpayer elected to carry back for more than two years for federal purposes but for which the losses can be carried back for only two years under section 290.095, subdivision 11, paragraph (c)deleted text begin .deleted text end new text begin ;new text end

new text begin (19) to the extent included in the computation of federal taxable income in taxable years beginning after December 31, 2010, the amount of disallowed itemized deductions, but the amount of disallowed itemized deductions plus the addition required under clause (2) may not be more than the amount by which the itemized deductions as allowed under section 63(d) of the Internal Revenue Code exceeds the amount of the standard deduction as defined in section 63(c) of the Internal Revenue Code, disregarding the amounts allowed under sections 63(c)(1)(C) and 63(c)(1)(E) of the Internal Revenue Code, and reduced by any addition that would have been required under clause (21) if the taxpayer had claimed the standard deduction; new text end

new text begin (i) The amount of disallowed itemized deductions is equal to the lesser of: new text end

new text begin (A) three percent of the excess of the taxpayer's federal adjusted gross income over the applicable amount; or new text end

new text begin (B) 80 percent of the amount of the itemized deductions otherwise allowable to the taxpayer under the Internal Revenue Code for the taxable year. new text end

new text begin (ii) The term "applicable amount" means $100,000, or $50,000 in the case of a married individual filing a separate return. Each dollar amount shall be increased by an amount equal to: new text end

new text begin (A) such dollar amount, multiplied by new text end

new text begin (B) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code for the calendar year in which the taxable year begins, by substituting "calendar year 1990" for "calendar year 1992" in subparagraph (B) thereof. new text end

new text begin (iii) The term "itemized deductions" does not include: new text end

new text begin (A) the deduction for medical expenses under section 213 of the Internal Revenue Code; new text end

new text begin (B) any deduction for investment interest as defined in section 163(d) of the Internal Revenue Code; and new text end

new text begin (C) the deduction under section 165(a) of the Internal Revenue Code for casualty or theft losses described in paragraph (2) or (3) of section 165(c) of the Internal Revenue Code or for losses described in section 165(d) of the Internal Revenue Code; new text end

new text begin (20) to the extent included in federal taxable income in taxable years beginning after December 31, 2010, the amount of disallowed personal exemptions for taxpayers with federal adjusted gross income over the threshold amount; new text end

new text begin (i) The disallowed personal exemption amount is equal to the dollar amount of the personal exemptions claimed by the taxpayer in the computation of federal taxable income multiplied by the applicable percentage. new text end

new text begin (ii) "Applicable percentage" means two percentage points for each $2,500 (or fraction thereof) by which the taxpayer's federal adjusted gross income for the taxable year exceeds the threshold amount. In the case of a married individual filing a separate return, the preceding sentence shall be applied by substituting "$1,250" for "$2,500." In no event shall the applicable percentage exceed 100 percent. new text end

new text begin (iii) The term "threshold amount" means: new text end

new text begin (A) $150,000 in the case of a joint return or a surviving spouse; new text end

new text begin (B) $125,000 in the case of a head of a household; new text end

new text begin (C) $100,000 in the case of an individual who is not married and who is not a surviving spouse or head of a household; and new text end

new text begin (D) $75,000 in the case of a married individual filing a separate return. new text end

new text begin (iv) The thresholds shall be increased by an amount equal to: new text end

new text begin (A) such dollar amount, multiplied by new text end

new text begin (B) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code for the calendar year in which the taxable year begins, by substituting "calendar year 1990" for "calendar year 1992" in subparagraph (B) thereof; and new text end

new text begin (21) to the extent deducted in the computation of federal taxable income, for taxable years beginning after December 31, 2010, and before January 1, 2013, the difference between the standard deduction allowed under section 63(c) of the Internal Revenue Code and the standard deduction allowed for 2011 and 2012 under the Internal Revenue Code as amended through December 1, 2010. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after December 31, 2010, except that the change to clause (10) is effective the day following final enactment. new text end

Sec. 4.

Minnesota Statutes 2010, section 290.01, subdivision 19c, as amended by Laws 2011, chapter 8, section 4, is amended to read:

Subd. 19c.

Corporations; additions to federal taxable income.

For corporations, there shall be added to federal taxable income:

(1) the amount of any deduction taken for federal income tax purposes for income, excise, or franchise taxes based on net income or related minimum taxes, including but not limited to the tax imposed under section 290.0922, paid by the corporation to Minnesota, another state, a political subdivision of another state, the District of Columbia, or any foreign country or possession of the United States;

(2) interest not subject to federal tax upon obligations of: the United States, its possessions, its agencies, or its instrumentalities; the state of Minnesota or any other state, any of its political or governmental subdivisions, any of its municipalities, or any of its governmental agencies or instrumentalities; the District of Columbia; or Indian tribal governments;

(3) exempt-interest dividends received as defined in section 852(b)(5) of the Internal Revenue Code;

(4) the amount of any net operating loss deduction taken for federal income tax purposes under section 172 or 832(c)(10) of the Internal Revenue Code or operations loss deduction under section 810 of the Internal Revenue Code;

(5) the amount of any special deductions taken for federal income tax purposes under sections 241 to 247 and 965 of the Internal Revenue Code;

(6) losses from the business of mining, as defined in section 290.05, subdivision 1, clause (a), that are not subject to Minnesota income tax;

(7) the amount of any capital losses deducted for federal income tax purposes under sections 1211 and 1212 of the Internal Revenue Code;

(8) the exempt foreign trade income of a foreign sales corporation under sections 921(a) and 291 of the Internal Revenue Code;

(9) the amount of percentage depletion deducted under sections 611 through 614 and 291 of the Internal Revenue Code;

(10) for certified pollution control facilities placed in service in a taxable year beginning before December 31, 1986, and for which amortization deductions were elected under section 169 of the Internal Revenue Code of 1954, as amended through December 31, 1985, the amount of the amortization deduction allowed in computing federal taxable income for those facilities;

(11) the amount of any deemed dividend from a foreign operating corporation determined pursuant to section 290.17, subdivision 4, paragraph (g). The deemed dividend shall be reduced by the amount of the addition to income required by clauses (20), (21), (22), and (23);

(12) the amount of a partner's pro rata share of net income which does not flow through to the partner because the partnership elected to pay the tax on the income under section 6242(a)(2) of the Internal Revenue Code;

(13) the amount of net income excluded under section 114 of the Internal Revenue Code;

(14) any increase in subpart F income, as defined in section 952(a) of the Internal Revenue Code, for the taxable year when subpart F income is calculated without regard to the provisions of Division C, title III, section 303(b) of Public Law 110-343;

(15) 80 percent of the depreciation deduction allowed under section 168(k)(1)(A) and (k)(4)(A) of the Internal Revenue Code. For purposes of this clause, if the taxpayer has an activity that in the taxable year generates a deduction for depreciation under section 168(k)(1)(A) and (k)(4)(A) and the activity generates a loss for the taxable year that the taxpayer is not allowed to claim for the taxable year, "the depreciation allowed under section 168(k)(1)(A) and (k)(4)(A)" for the taxable year is limited to excess of the depreciation claimed by the activity under section 168(k)(1)(A) and (k)(4)(A) over the amount of the loss from the activity that is not allowed in the taxable year. In succeeding taxable years when the losses not allowed in the taxable year are allowed, the depreciation under section 168(k)(1)(A) and (k)(4)(A) is allowed;

(16) 80 percent of the amount by which the deduction allowed by section 179 of the Internal Revenue Code exceeds the deduction allowable by section 179 of the Internal Revenue Code of 1986, as amended through December 31, 2003;

(17) to the extent deducted in computing federal taxable income, the amount of the deduction allowable under section 199 of the Internal Revenue Code;

(18) new text begin for taxable years beginning before January 1, 2013, new text end the exclusion allowed under section 139A of the Internal Revenue Code for federal subsidies for prescription drug plans;

(19) the amount of expenses disallowed under section 290.10, subdivision 2;

(20) an amount equal to the interest and intangible expenses, losses, and costs paid, accrued, or incurred by any member of the taxpayer's unitary group to or for the benefit of a corporation that is a member of the taxpayer's unitary business group that qualifies as a foreign operating corporation. For purposes of this clause, intangible expenses and costs include:

(i) expenses, losses, and costs for, or related to, the direct or indirect acquisition, use, maintenance or management, ownership, sale, exchange, or any other disposition of intangible property;

(ii) losses incurred, directly or indirectly, from factoring transactions or discounting transactions;

(iii) royalty, patent, technical, and copyright fees;

(iv) licensing fees; and

(v) other similar expenses and costs.

For purposes of this clause, "intangible property" includes stocks, bonds, patents, patent applications, trade names, trademarks, service marks, copyrights, mask works, trade secrets, and similar types of intangible assets.

This clause does not apply to any item of interest or intangible expenses or costs paid, accrued, or incurred, directly or indirectly, to a foreign operating corporation with respect to such item of income to the extent that the income to the foreign operating corporation is income from sources without the United States as defined in subtitle A, chapter 1, subchapter N, part 1, of the Internal Revenue Code;

(21) except as already included in the taxpayer's taxable income pursuant to clause (20), any interest income and income generated from intangible property received or accrued by a foreign operating corporation that is a member of the taxpayer's unitary group. For purposes of this clause, income generated from intangible property includes:

(i) income related to the direct or indirect acquisition, use, maintenance or management, ownership, sale, exchange, or any other disposition of intangible property;

(ii) income from factoring transactions or discounting transactions;

(iii) royalty, patent, technical, and copyright fees;

(iv) licensing fees; and

(v) other similar income.

For purposes of this clause, "intangible property" includes stocks, bonds, patents, patent applications, trade names, trademarks, service marks, copyrights, mask works, trade secrets, and similar types of intangible assets.

This clause does not apply to any item of interest or intangible income received or accrued by a foreign operating corporation with respect to such item of income to the extent that the income is income from sources without the United States as defined in subtitle A, chapter 1, subchapter N, part 1, of the Internal Revenue Code;

(22) the dividends attributable to the income of a foreign operating corporation that is a member of the taxpayer's unitary group in an amount that is equal to the dividends paid deduction of a real estate investment trust under section 561(a) of the Internal Revenue Code for amounts paid or accrued by the real estate investment trust to the foreign operating corporation;

(23) the income of a foreign operating corporation that is a member of the taxpayer's unitary group in an amount that is equal to gains derived from the sale of real or personal property located in the United States;

(24) for taxable years beginning before January 1, 2010, deleted text begin and after December 31, 2010,deleted text end the additional amount allowed as a deduction for donation of computer technology and equipment under section 170(e)(6) of the Internal Revenue Code, to the extent deducted from taxable income; and

(25) discharge of indebtedness income resulting from reacquisition of business indebtedness and deferred under section 108(i) of the Internal Revenue Code.

new text begin EFFECTIVE DATE. new text end

new text begin The change to clause (24) is effective for taxable years beginning after December 31, 2010. The change to clause (18) is effective the day following final enactment. new text end

Sec. 5.

Minnesota Statutes 2010, section 290.01, subdivision 31, as amended by Laws 2011, chapter 8, section 5, is amended to read:

Subd. 31.

Internal Revenue Code.

Unless specifically defined otherwise, deleted text begin for taxable years beginning before January 1, 2010, and after December 31, 2010,deleted text end "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended through deleted text begin March 18, 2010; and for taxable years beginning after December 31, 2009, and before January 1, 2011, "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended through December 31, 2010deleted text end new text begin April 14, 2011new text end . Internal Revenue Code also includes any uncodified provision in federal law that relates to provisions of the Internal Revenue Code that are incorporated into Minnesota law.new text begin When used in this chapter, the reference to "subtitle A, chapter 1, subchapter N, part 1, of the Internal Revenue Code" is to the Internal Revenue Code as amended through March 18, 2010.new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment, except the changes incorporated by federal changes are effective at the same time as the changes were effective for federal purposes. new text end

Sec. 6.

Minnesota Statutes 2010, section 290.0671, subdivision 1, is amended to read:

Subdivision 1.

Credit allowed.

(a) An individual is allowed a credit against the tax imposed by this chapter equal to a percentage of earned income. To receive a credit, a taxpayer must be eligible for a credit under section 32 of the Internal Revenue Code.

(b) For individuals with no qualifying children, the credit equals 1.9125 percent of the first $4,620 of earned income. The credit is reduced by 1.9125 percent of earned income or adjusted gross income, whichever is greater, in excess of $5,770, but in no case is the credit less than zero.

(c) For individuals with one qualifying child, the credit equals 8.5 percent of the first $6,920 of earned income and 8.5 percent of earned income over $12,080 but less than $13,450. The credit is reduced by 5.73 percent of earned income or adjusted gross income, whichever is greater, in excess of $15,080, but in no case is the credit less than zero.

(d) For individuals with two or more qualifying children, the credit equals ten percent of the first $9,720 of earned income and 20 percent of earned income over $14,860 but less than $16,800. The credit is reduced by 10.3 percent of earned income or adjusted gross income, whichever is greater, in excess of $17,890, but in no case is the credit less than zero.

(e) For a nonresident or part-year resident, the credit must be allocated based on the percentage calculated under section 290.06, subdivision 2c, paragraph (e).

(f) For a person who was a resident for the entire tax year and has earned income not subject to tax under this chapter, including income excluded under section 290.01, subdivision 19b, clause (9) or (15), the credit must be allocated based on the ratio of federal adjusted gross income reduced by the earned income not subject to tax under this chapter over federal adjusted gross income. For purposes of this paragraph, the subtractions for military pay under section 290.01, subdivision 19b, clauses (10) and (11), are not considered "earned income not subject to tax under this chapter."

For the purposes of this paragraph, the exclusion of combat pay under section 112 of the Internal Revenue Code is not considered "earned income not subject to tax under this chapter."

(g) For tax years beginning after December 31, 2007, and before December 31, 2010, the $5,770 in paragraph (b), the $15,080 in paragraph (c), and the $17,890 in paragraph (d), after being adjusted for inflation under subdivision 7, are each increased by $3,000 for married taxpayers filing joint returns. For tax years beginning after December 31, 2008, the commissioner shall annually adjust the $3,000 by the percentage determined pursuant to the provisions of section 1(f) of the Internal Revenue Code, except that in section 1(f)(3)(B), the word "2007" shall be substituted for the word "1992." For 2009, the commissioner shall then determine the percent change from the 12 months ending on August 31, 2007, to the 12 months ending on August 31, 2008, and in each subsequent year, from the 12 months ending on August 31, 2007, to the 12 months ending on August 31 of the year preceding the taxable year. The earned income thresholds as adjusted for inflation must be rounded to the nearest $10. If the amount ends in $5, the amount is rounded up to the nearest $10. The determination of the commissioner under this subdivision is not a rule under the Administrative Procedure Act.

new text begin (h) For tax years beginning after December 31, 2010, and before January 1, 2012, the $5,770 in paragraph (b), the $15,080 in paragraph (c), and the $17,890 in paragraph (d), after being adjusted for inflation under subdivision 7, are each increased by $5,000 for married taxpayers filing joint returns. For tax years beginning after December 31, 2010, and before January 1, 2012, the commissioner shall annually adjust the $5,000 by the percentage determined pursuant to the provisions of section 1(f) of the Internal Revenue Code, except that in section 1(f)(3)(B), the word "2008" shall be substituted for the word "1992." For 2011, the commissioner shall then determine the percent change from the 12 months ending on August 31, 2008, to the 12 months ending on August 31, 2010. The earned income thresholds as adjusted for inflation must be rounded to the nearest $10. If the amount ends in $5, the amount is rounded up to the nearest $10. The determination of the commissioner under this subdivision is not a rule under the Administrative Procedure Act. new text end

deleted text begin (h)deleted text end new text begin (i)new text end The commissioner shall construct tables showing the amount of the credit at various income levels and make them available to taxpayers. The tables shall follow the schedule contained in this subdivision, except that the commissioner may graduate the transition between income brackets.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after December 31, 2010. new text end

Sec. 7.

Minnesota Statutes 2010, section 290.0675, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For purposes of this section the following terms have the meanings given.

(b) "Earned income" means the sum of the following, to the extent included in Minnesota taxable income:

(1) earned income as defined in section 32(c)(2) of the Internal Revenue Code;

(2) income received from a retirement pension, profit-sharing, stock bonus, or annuity plan; and

(3) Social Security benefits as defined in section 86(d)(1) of the Internal Revenue Code.

(c) "Taxable income" means net income as defined in section 290.01, subdivision 19.

(d) "Earned income of lesser-earning spouse" means the earned income of the spouse with the lesser amount of earned income as defined in paragraph (b) for the taxable year minus the sum of (i) the amount for one exemption under section 151(d) of the Internal Revenue Code and (ii) one-half the amount of the standard deduction under section 63(c)(2)(A) and (4) of the Internal Revenue Codenew text begin minus one-half of any addition required under section 290.01, subdivision 19a, clause (21), and one-half of the addition that would have been required under section 290.01, subdivision 19a, clause (21), if the taxpayer had claimed the standard deductionnew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after December 31, 2010. new text end

Sec. 8.

Minnesota Statutes 2010, section 290A.03, subdivision 15, as amended by Laws 2011, chapter 8, section 6, is amended to read:

Subd. 15.

Internal Revenue Code.

deleted text begin For taxable years beginning before January 1, 2010, and after December 31, 2010,deleted text end "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended through deleted text begin March 18, 2010; and for taxable years beginning after December 31, 2009, and before January 1, 2011, "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended through December 31, 2010deleted text end new text begin April 14, 2011new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for property tax refunds based on property taxes payable on or after December 31, 2011, and rent paid on or after December 31, 2010. new text end

Sec. 9.

Minnesota Statutes 2010, section 291.005, subdivision 1, is amended to read:

Subdivision 1.

Scope.

Unless the context otherwise clearly requires, the following terms used in this chapter shall have the following meanings:

(1) "Commissioner" means the commissioner of revenue or any person to whom the commissioner has delegated functions under this chapter.

(2) "Federal gross estate" means the gross estate of a decedent as required to be valued and otherwise determined for federal estate tax purposes under the Internal Revenue Code.

(3) "Internal Revenue Code" means the United States Internal Revenue Code of 1986, as amended through deleted text begin March 18, 2010deleted text end new text begin April 14, 2011new text end , but without regard to the provisions of sections 501 and 901 of Public Law 107-16new text begin , as amended by Public Law 111-312, and section 301(c) of Public Law 111-312new text end .

(4) "Minnesota adjusted taxable estate" means federal adjusted taxable estate as defined by section 2011(b)(3) of the Internal Revenue Code, increased by the amount of deduction for state death taxes allowed under section 2058 of the Internal Revenue Code.

(5) "Minnesota gross estate" means the federal gross estate of a decedent after (a) excluding therefrom any property included therein which has its situs outside Minnesota, and (b) including therein any property omitted from the federal gross estate which is includable therein, has its situs in Minnesota, and was not disclosed to federal taxing authorities.

(6) "Nonresident decedent" means an individual whose domicile at the time of death was not in Minnesota.

(7) "Personal representative" means the executor, administrator or other person appointed by the court to administer and dispose of the property of the decedent. If there is no executor, administrator or other person appointed, qualified, and acting within this state, then any person in actual or constructive possession of any property having a situs in this state which is included in the federal gross estate of the decedent shall be deemed to be a personal representative to the extent of the property and the Minnesota estate tax due with respect to the property.

(8) "Resident decedent" means an individual whose domicile at the time of death was in Minnesota.

(9) "Situs of property" means, with respect to real property, the state or country in which it is located; with respect to tangible personal property, the state or country in which it was normally kept or located at the time of the decedent's death; and with respect to intangible personal property, the state or country in which the decedent was domiciled at death.

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 3

SALES AND USE TAXES

Section 1.

Minnesota Statutes 2010, section 297A.61, subdivision 3, as amended by Laws 2011, chapter 112, article 8, section 1, is amended to read:

Subd. 3.

Sale and purchase.

(a) "Sale" and "purchase" include, but are not limited to, each of the transactions listed in this subdivision.

(b) Sale and purchase include:

(1) any transfer of title or possession, or both, of tangible personal property, whether absolutely or conditionally, for a consideration in money or by exchange or barter; and

(2) the leasing of or the granting of a license to use or consume, for a consideration in money or by exchange or barter, tangible personal property, other than a manufactured home used for residential purposes for a continuous period of 30 days or more.

(c) Sale and purchase include the production, fabrication, printing, or processing of tangible personal property for a consideration for consumers who furnish either directly or indirectly the materials used in the production, fabrication, printing, or processing.

(d) Sale and purchase include the preparing for a consideration of food. Notwithstanding section 297A.67, subdivision 2, taxable food includes, but is not limited to, the following:

(1) prepared food sold by the retailer;

(2) soft drinks;

(3) candy;

(4) dietary supplements; and

(5) all food sold through vending machines.

(e) A sale and a purchase includes the furnishing for a consideration of electricity, gas, water, or steam for use or consumption within this state.

(f) A sale and a purchase includes the transfer for a consideration of prewritten computer software whether delivered electronically, by load and leave, or otherwise.

(g) A sale and a purchase includes the furnishing for a consideration of the following services:

(1) the privilege of admission to places of amusement, recreational areas, or athletic events, and the making available of amusement devices, tanning facilities, reducing salons, steam baths, Turkish baths, health clubs, and spas or athletic facilities;

(2) lodging and related services by a hotel, rooming house, resort, campground, motel, or trailer camp, including furnishing the guest of the facility with access to telecommunication services, and the granting of any similar license to use real property in a specific facility, other than the renting or leasing of it for a continuous period of 30 days or more under an enforceable written agreement that may not be terminated without prior noticenew text begin and including accommodations intermediary services provided in connection with other services provided under this clausenew text end ;

(3) nonresidential parking services, whether on a contractual, hourly, or other periodic basis, except for parking at a meter;

(4) the granting of membership in a club, association, or other organization if:

(i) the club, association, or other organization makes available for the use of its members sports and athletic facilities, without regard to whether a separate charge is assessed for use of the facilities; and

(ii) use of the sports and athletic facility is not made available to the general public on the same basis as it is made available to members.

Granting of membership means both onetime initiation fees and periodic membership dues. Sports and athletic facilities include golf courses; tennis, racquetball, handball, and squash courts; basketball and volleyball facilities; running tracks; exercise equipment; swimming pools; and other similar athletic or sports facilities;

(5) delivery of aggregate materials by a third party, excluding delivery of aggregate material used in road construction; and delivery of concrete block by a third party if the delivery would be subject to the sales tax if provided by the seller of the concrete block; and

(6) services as provided in this clause:

(i) laundry and dry cleaning services including cleaning, pressing, repairing, altering, and storing clothes, linen services and supply, cleaning and blocking hats, and carpet, drapery, upholstery, and industrial cleaning. Laundry and dry cleaning services do not include services provided by coin operated facilities operated by the customer;

(ii) motor vehicle washing, waxing, and cleaning services, including services provided by coin operated facilities operated by the customer, and rustproofing, undercoating, and towing of motor vehicles;

(iii) building and residential cleaning, maintenance, and disinfecting services and pest control and exterminating services;

(iv) detective, security, burglar, fire alarm, and armored car services; but not including services performed within the jurisdiction they serve by off-duty licensed peace officers as defined in section 626.84, subdivision 1, or services provided by a nonprofit organization for monitoring and electronic surveillance of persons placed on in-home detention pursuant to court order or under the direction of the Minnesota Department of Corrections;

(v) pet grooming services;

(vi) lawn care, fertilizing, mowing, spraying and sprigging services; garden planting and maintenance; tree, bush, and shrub pruning, bracing, spraying, and surgery; indoor plant care; tree, bush, shrub, and stump removal, except when performed as part of a land clearing contract as defined in section 297A.68, subdivision 40; and tree trimming for public utility lines. Services performed under a construction contract for the installation of shrubbery, plants, sod, trees, bushes, and similar items are not taxable;

(vii) massages, except when provided by a licensed health care facility or professional or upon written referral from a licensed health care facility or professional for treatment of illness, injury, or disease; and

(viii) the furnishing of lodging, board, and care services for animals in kennels and other similar arrangements, but excluding veterinary and horse boarding services.

In applying the provisions of this chapter, the terms "tangible personal property" and "retail sale" include taxable services listed in clause (6), items (i) to (vi) and (viii), and the provision of these taxable services, unless specifically provided otherwise. Services performed by an employee for an employer are not taxable. Services performed by a partnership or association for another partnership or association are not taxable if one of the entities owns or controls more than 80 percent of the voting power of the equity interest in the other entity. Services performed between members of an affiliated group of corporations are not taxable. For purposes of the preceding sentence, "affiliated group of corporations" means those entities that would be classified as members of an affiliated group as defined under United States Code, title 26, section 1504, disregarding the exclusions in section 1504(b).

For purposes of clause (5), "road construction" means construction of (1) public roads, (2) cartways, and (3) private roads in townships located outside of the seven-county metropolitan area up to the point of the emergency response location sign.

(h) A sale and a purchase includes the furnishing for a consideration of tangible personal property or taxable services by the United States or any of its agencies or instrumentalities, or the state of Minnesota, its agencies, instrumentalities, or political subdivisions.

(i) A sale and a purchase includes the furnishing for a consideration of telecommunications services, ancillary services associated with telecommunication services, cable television services, new text begin and new text end direct satellite servicesdeleted text begin , and ring tonesdeleted text end . Telecommunication services include, but are not limited to, the following services, as defined in section 297A.669: air-to-ground radiotelephone service, mobile telecommunication service, postpaid calling service, prepaid calling service, prepaid wireless calling service, and private communication services. The services in this paragraph are taxed to the extent allowed under federal law.

(j) A sale and a purchase includes the furnishing for a consideration of installation if the installation charges would be subject to the sales tax if the installation were provided by the seller of the item being installed.

(k) A sale and a purchase includes the rental of a vehicle by a motor vehicle dealer to a customer when (1) the vehicle is rented by the customer for a consideration, or (2) the motor vehicle dealer is reimbursed pursuant to a service contract as defined in section 59B.02, subdivision 11.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for sales and purchases made after September 30, 2011, except the change in paragraph (g), clause (2), is effective the day following final enactment. new text end

Sec. 2.

Minnesota Statutes 2010, section 297A.61, is amended by adding a subdivision to read:

new text begin Subd. 47. new text end

new text begin Accommodations intermediary. new text end

new text begin "Accommodations intermediary" means any person or entity, other than an accommodations provider, that facilitates the sale of lodging as defined in subdivision 3, paragraph (g), clause (2), and that charges a room charge to a customer. The term "facilitates the sale" includes brokering, coordinating, or in any way arranging for the purchase of or the right to use accommodations by a customer. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2010, section 297A.61, is amended by adding a subdivision to read:

new text begin Subd. 48. new text end

new text begin Accommodations provider. new text end

new text begin "Accommodations provider" means any person or entity that furnishes lodging as defined in subdivision 3, paragraph (g), clause (2), to the general public for compensation. The term "furnishes" includes the sale of use or possession, or the sale of the right to use or possess. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2010, section 297A.66, is amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Lodging services. new text end

new text begin An accommodations intermediary shall collect sales tax and remit it to the commissioner under section 297A.77 for services provided in connection with or for lodging located in this state. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2010, section 297A.668, is amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Florist sales. new text end

new text begin (a) Notwithstanding other subdivisions of this section, the retail sale of "florist sales" is sourced as follows: new text end

new text begin (1) When a Minnesota retailer takes a florist sales order directly from a customer, whether or not the customer is physically present in Minnesota when placing the order, and delivers the items to the customer or a third person, either within this state or outside this state, and regardless of the delivery method, the florist sale is sourced according to subdivision 2. new text end

new text begin (2) When one retailer transmits a florist sales order to another retailer of florist sales through a floral network service or floral delivery association, whether by telephone, telegraph, Internet, or other means of communication, the florist sale is sourced to the location of the retailer which originally takes the order from the customer and accepts payment. new text end

new text begin (b) For purposes of this subdivision, florist sales means sales at retail of flowers, wreaths, floral bouquets, potted plants, hospital baskets, funeral designs, seeds, nursery seedling stock, trees, shrubs, plants, sod, soil, bulbs, sand, rock, and all other floral or nursery products. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for sales and purchases made after September 30, 2011. new text end

Sec. 6.

Minnesota Statutes 2010, section 297A.68, subdivision 4, is amended to read:

Subd. 4.

Taconitenew text begin , other ores, metals, or minerals;new text end production materials.

Mill liners, grinding rods, and grinding balls that are substantially consumed in the production of taconite new text begin or other ores, metals, or minerals new text end are exempt when sold to or stored, used, or consumed by persons taxed under the in-lieu new text begin or net proceeds new text end provisions of chapter 298.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for sales and purchases made after September 30, 2011. new text end

Sec. 7.

Minnesota Statutes 2010, section 297A.68, is amended by adding a subdivision to read:

new text begin Subd. 42. new text end

new text begin Qualified data centers. new text end

new text begin (a) Purchases of enterprise information technology equipment and computer software for use in a qualified data center are exempt. The tax on purchases exempt under this paragraph must be imposed and collected as if the rate under section 297A.62, subdivision 1, applied, and then refunded after June 30, 2013, in the manner provided in section 297A.75. This exemption includes enterprise information technology equipment and computer software purchased to replace or upgrade enterprise information technology equipment and computer software in a qualified data center. new text end

new text begin (b) Electricity used or consumed in the operation of a qualified data center is exempt. new text end

new text begin (c) For purposes of this subdivision, "qualified data center" means a facility in Minnesota: new text end

new text begin (1) that is comprised of one or more buildings that consist in the aggregate of at least 30,000 square feet, and that are located on a single parcel or on contiguous parcels, where the total cost of construction or refurbishment, investment in enterprise information technology equipment, and computer software is at least $50,000,000 within a 24-month period; new text end

new text begin (2) that is constructed or substantially refurbished after June 30, 2012, where "substantially refurbished" means that at least 30,000 square feet has been rebuilt or modified; and new text end

new text begin (3) that is used to house enterprise information technology equipment, where the facility has the following characteristics: new text end

new text begin (i) uninterruptible power supplies, generator backup power, or both; new text end

new text begin (ii) sophisticated fire suppression and prevention systems; and new text end

new text begin (iii) enhanced security. A facility will be considered to have enhanced security if it has restricted access to the facility to selected personnel; permanent security guards; video camera surveillance; an electronic system requiring pass codes, keycards, or biometric scans, such as hand scans and retinal or fingerprint recognition; or similar security features. new text end

new text begin In determining whether the facility has the required square footage, the square footage of the following spaces shall be included if the spaces support the operation of enterprise information technology equipment: office space, meeting space, and mechanical and other support facilities. new text end

new text begin (d) For purposes of this subdivision, "enterprise information technology equipment" means computers and equipment supporting computing, networking, or data storage, including servers and routers. It includes, but is not limited to: cooling systems, cooling towers, and other temperature control infrastructure; power infrastructure for transformation, distribution, or management of electricity used for the maintenance and operation of a qualified data center, including but not limited to exterior dedicated business-owned substations, backup power generation systems, battery systems, and related infrastructure; and racking systems, cabling, and trays, which are necessary for the maintenance and operation of the qualified data center. new text end

new text begin (e) A qualified data center may claim the exemptions in this subdivision for purchases made either within 20 years of the date of its first purchase qualifying for the exemption under paragraph (a), or by June 30, 2042, whichever is earlier. new text end

new text begin (f) The purpose of this exemption is to create jobs in the construction and data center industries. new text end

new text begin (g) This subdivision is effective for sales and purchases made after June 30, 2012, and before July 1, 2042. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for sales and purchases made after June 30, 2012, and before July 1, 2042. new text end

Sec. 8.

Minnesota Statutes 2010, section 297A.68, is amended by adding a subdivision to read:

new text begin Subd. 43. new text end

new text begin Resold admission tickets. new text end

new text begin (a) When a ticket reseller who purchased a ticket from a seller who is in the business of selling tickets resells the ticket, the ticket reseller must charge tax on the total amount for which the ticket is resold and the following rules apply: new text end

new text begin (1) if the ticket reseller did not use a fully completed exemption certificate to claim the exemption from tax for resale, but instead paid tax on the original purchase, then the ticket reseller may do one of the following: new text end

new text begin (i) seek a refund of that tax under section 289A.50; or new text end

new text begin (ii) pass through to the purchaser the amount of the tax the ticket reseller paid on the original purchase, by giving the purchaser credit for the Minnesota state and local tax paid by the ticket reseller on the ticket reseller's original purchase of the ticket. Credit for the tax cannot exceed either the sales tax paid on the original price of the ticket or the sales tax charged by the ticket reseller to the final purchaser; new text end

new text begin (2) if the ticket reseller did not pay tax on the original purchase, tax is due on the full amount of the ticket when resold, without a credit given to the final purchaser; and new text end

new text begin (3) the ticket reseller must retain records documenting the price and tax paid by the ticket reseller when purchasing the ticket and the price and tax collected when the ticket reseller resells the ticket. new text end

new text begin (b) When a ticket reseller who purchased a ticket from a seller who is not in the business of selling tickets resells the ticket, the ticket reseller must charge tax on the total amount for which the ticket is resold and the following rules apply: new text end

new text begin (1) the ticket reseller may credit its purchaser an amount equal to the tax the ticket reseller would have paid its seller, had the seller been registered to collect tax on its sale of the ticket to the ticket reseller. Credit for the tax cannot exceed either the sales tax paid on the original price of the ticket or the sales tax charged by the ticket reseller to the final purchaser. It is presumed that the original purchase price of the ticket is the face amount of the ticket; new text end

new text begin (2) if no tax was paid on the original purchase, tax is due on the full amount of the ticket when resold, without a credit given to the ticket reseller's purchaser; and new text end

new text begin (3) the ticket reseller must retain records documenting the price and tax paid by the ticket reseller when purchasing the ticket and the price and tax collected when the ticket reseller resells the ticket. new text end

new text begin (c) For purposes of this subdivision, "ticket reseller" means a person who: new text end

new text begin (1) purchases admission tickets to a sporting event, theater, musical performance, or place of public entertainment or amusement of any kind; new text end

new text begin (2) resells admission tickets to events under clause (1); and new text end

new text begin (3) is registered to collect tax under this chapter. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for sales and purchases made after September 30, 2011. new text end

Sec. 9.

Minnesota Statutes 2010, section 297A.70, subdivision 1, is amended to read:

Subdivision 1.

Scope.

(a) To the extent provided in this section, the gross receipts from sales of items to or by, and storage, distribution, use, or consumption of items by the organizations new text begin or units of local government new text end listed in this section are specifically exempted from the taxes imposed by this chapter.

(b) Notwithstanding any law to the contrary enacted before 1992, only sales to governments and political subdivisions listed in this section are exempt from the taxes imposed by this chapter.

(c) "Sales" includes purchases under an installment contract or lease purchase agreement under section 465.71.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for sales and purchases made after September 30, 2011. new text end

Sec. 10.

Minnesota Statutes 2010, section 297A.70, subdivision 2, is amended to read:

Subd. 2.

Sales to government.

(a) All sales, except those listed in paragraph (b), to the following governments and political subdivisions, or to the listed agencies or instrumentalities of governments and political subdivisions, are exempt:

(1) the United States and its agencies and instrumentalities;

(2) school districts, the University of Minnesota, state universities, community colleges, technical colleges, state academies, the Perpich Minnesota Center for Arts Education, and an instrumentality of a political subdivision that is accredited as an optional/special function school by the North Central Association of Colleges and Schools;

(3) hospitals and nursing homes owned and operated by political subdivisions of the state of tangible personal property and taxable services used at or by hospitals and nursing homes;

(4) the Metropolitan Council, for its purchases of vehicles and repair parts to equip operations provided for in section 473.4051;

(5) other states or political subdivisions of other states, if the sale would be exempt from taxation if it occurred in that state; deleted text begin anddeleted text end

(6) deleted text begin sales todeleted text end public libraries, public library systems, multicounty, multitype library systems as defined in section 134.001, county law libraries under chapter 134A, state agency libraries, the state library under section 480.09, and the Legislative Reference Librarynew text begin ; andnew text end

new text begin (7) townsnew text end .

(b) This exemption does not apply to the sales of the following products and services:

(1) building, construction, or reconstruction materials purchased by a contractor or a subcontractor as a part of a lump-sum contract or similar type of contract with a guaranteed maximum price covering both labor and materials for use in the construction, alteration, or repair of a building or facility;

(2) construction materials purchased by tax exempt entities or their contractors to be used in constructing buildings or facilities which will not be used principally by the tax exempt entities;

(3) the leasing of a motor vehicle as defined in section 297B.01, subdivision 11, except for leases entered into by the United States or its agencies or instrumentalities; deleted text begin ordeleted text end

(4) lodging as defined under section 297A.61, subdivision 3, paragraph (g), clause (2), and prepared food, candy, soft drinks, and alcoholic beverages as defined in section 297A.67, subdivision 2, except for lodging, prepared food, candy, soft drinks, and alcoholic beverages purchased directly by the United States or its agencies or instrumentalitiesnew text begin ; or new text end

new text begin (5) goods or services purchased by a town as inputs to goods and services that are generally provided by a private business and the purchases would be taxable if made by a private business engaged in the same activitynew text end .

(c) As used in this subdivision, "school districts" means public school entities and districts of every kind and nature organized under the laws of the state of Minnesota, and any instrumentality of a school district, as defined in section 471.59.

new text begin (d) As used in this subdivision, "goods or services generally provided by a private business" include, but are not limited to, goods or services provided by liquor stores, gas and electric utilities, golf courses, marinas, health and fitness centers, campgrounds, cafes, and laundromats. "Goods or services generally provided by a private business" do not include housing services, sewer and water services, wastewater treatment, ambulance and other public safety services, correctional services, chore or homemaking services provided to elderly or disabled individuals, or road and street maintenance or lighting. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for sales and purchases made after September 30, 2011. new text end

Sec. 11.

Minnesota Statutes 2010, section 297A.70, subdivision 3, is amended to read:

Subd. 3.

Sales of certain goods and services to government.

(a) The following sales to or use by the specified governments and political subdivisions of the state are exempt:

(1) repair and replacement parts for emergency rescue vehicles, fire trucks, and fire apparatus to a political subdivision;

(2) machinery and equipment, except for motor vehicles, used directly for mixed municipal solid waste management services at a solid waste disposal facility as defined in section 115A.03, subdivision 10;

(3) chore and homemaking services to a political subdivision of the state to be provided to elderly or disabled individuals;

(4) telephone services to the Office of Enterprise Technology that are used to provide telecommunications services through the enterprise technology revolving fund;

(5) firefighter personal protective equipment as defined in paragraph (b), if purchased or authorized by and for the use of an organized fire department, fire protection district, or fire company regularly charged with the responsibility of providing fire protection to the state or a political subdivision;

(6) bullet-resistant body armor that provides the wearer with ballistic and trauma protection, if purchased by a law enforcement agency of the state or a political subdivision of the state, or a licensed peace officer, as defined in section 626.84, subdivision 1;

(7) motor vehicles purchased or leased by political subdivisions of the state if the vehicles are exempt from registration under section 168.012, subdivision 1, paragraph (b), exempt from taxation under section 473.448, or exempt from the motor vehicle sales tax under section 297B.03, clause (12);

(8) equipment designed to process, dewater, and recycle biosolids for wastewater treatment facilities of political subdivisions, and materials incidental to installation of that equipment;

deleted text begin (9) sales to a town of gravel and of machinery, equipment, and accessories, except motor vehicles, used exclusively for road and bridge maintenance, and leases by a town of motor vehicles exempt from tax under section 297B.03, clause (10); deleted text end

deleted text begin (10)deleted text end new text begin (9)new text end the removal of trees, bushes, or shrubs for the construction and maintenance of roads, trails, or firebreaks when purchased by an agency of the state or a political subdivision of the state; deleted text begin anddeleted text end

deleted text begin (11)deleted text end new text begin (10)new text end purchases by the Metropolitan Council or the Department of Transportation of vehicles and repair parts to equip operations provided for in section 174.90, including, but not limited to, the Northstar Corridor Rail projectdeleted text begin .deleted text end new text begin ; andnew text end

new text begin (11) purchases of water used directly in providing public safety services by an organized fire department, fire protection district, or fire company regularly charged with the responsibility of providing fire protection to the state or a political subdivision. new text end

(b) For purposes of this subdivision, "firefighters personal protective equipment" means helmets, including face shields, chin straps, and neck liners; bunker coats and pants, including pant suspenders; boots; gloves; head covers or hoods; wildfire jackets; protective coveralls; goggles; self-contained breathing apparatus; canister filter masks; personal alert safety systems; spanner belts; optical or thermal imaging search devices; and all safety equipment required by the Occupational Safety and Health Administration.

(c) For purchases of items listed in paragraph (a), clause (11), the tax must be imposed and collected as if the rate under section 297A.62, subdivision 1, applied and then refunded in the manner provided in section 297A.75.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for sales and purchases made after September 30, 2011, except that the new clause (11) is effective retroactively for sales and purchases made after June 30, 2007; however, no refunds may be made for amounts already paid on water purchased between June 30, 2007, and January 30, 2010. new text end

Sec. 12.

Minnesota Statutes 2010, section 297A.70, subdivision 6, is amended to read:

Subd. 6.

Ambulances.

The lease of a motor vehicle deleted text begin for use as an ambulancedeleted text end by an ambulance service licensed under section 144E.10new text begin that is equipped and specifically intended for emergency response or for providing ambulance servicesnew text end is exempt.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for sales and purchases made after September 30, 2011. new text end

Sec. 13.

Minnesota Statutes 2010, section 297A.75, subdivision 1, is amended to read:

Subdivision 1.

Tax collected.

The tax on the gross receipts from the sale of the following exempt items must be imposed and collected as if the sale were taxable and the rate under section 297A.62, subdivision 1, applied. The exempt items include:

(1) capital equipment exempt under section 297A.68, subdivision 5;

(2) building materials for an agricultural processing facility exempt under section 297A.71, subdivision 13;

(3) building materials for mineral production facilities exempt under section 297A.71, subdivision 14;

(4) building materials for correctional facilities under section 297A.71, subdivision 3;

(5) building materials used in a residence for disabled veterans exempt under section 297A.71, subdivision 11;

(6) elevators and building materials exempt under section 297A.71, subdivision 12;

(7) building materials for the Long Lake Conservation Center exempt under section 297A.71, subdivision 17;

(8) materials and supplies for qualified low-income housing under section 297A.71, subdivision 23;

(9) materials, supplies, and equipment for municipal electric utility facilities under section 297A.71, subdivision 35;

(10) equipment and materials used for the generation, transmission, and distribution of electrical energy and an aerial camera package exempt under section 297A.68, subdivision 37;

(11) tangible personal property and taxable services and construction materials, supplies, and equipment exempt under section 297A.68, subdivision 41;

(12) commuter rail vehicle and repair parts under section 297A.70, subdivision 3, clause (11);

(13) materials, supplies, and equipment for construction or improvement of projects and facilities under section 297A.71, subdivision 40;

(14) materials, supplies, and equipment for construction or improvement of a meat processing facility exempt under section 297A.71, subdivision 41; deleted text begin anddeleted text end

(15) materials, supplies, and equipment for construction, improvement, or expansion of an aerospace defense manufacturing facility exempt under section 297A.71, subdivision 42deleted text begin .deleted text end new text begin ; andnew text end

new text begin (16) enterprise information technology equipment and computer software for use in a qualified data center exempt under section 297A.68, subdivision 42. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for sales and purchases made after June 30, 2012. new text end

Sec. 14.

Minnesota Statutes 2010, section 297A.75, subdivision 2, is amended to read:

Subd. 2.

Refund; eligible persons.

Upon application on forms prescribed by the commissioner, a refund equal to the tax paid on the gross receipts of the exempt items must be paid to the applicant. Only the following persons may apply for the refund:

(1) for subdivision 1, clauses (1) to (3), the applicant must be the purchaser;

(2) for subdivision 1, clauses (4) and (7), the applicant must be the governmental subdivision;

(3) for subdivision 1, clause (5), the applicant must be the recipient of the benefits provided in United States Code, title 38, chapter 21;

(4) for subdivision 1, clause (6), the applicant must be the owner of the homestead property;

(5) for subdivision 1, clause (8), the owner of the qualified low-income housing project;

(6) for subdivision 1, clause (9), the applicant must be a municipal electric utility or a joint venture of municipal electric utilities;

(7) for subdivision 1, clauses (10), (11), (14), deleted text begin anddeleted text end (15),new text begin and (16),new text end the owner of the qualifying business; and

(8) for subdivision 1, clauses (12) and (13), the applicant must be the governmental entity that owns or contracts for the project or facility.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for sales and purchases made after June 30, 2012. new text end

Sec. 15.

Minnesota Statutes 2010, section 297A.75, subdivision 3, is amended to read:

Subd. 3.

Application.

(a) The application must include sufficient information to permit the commissioner to verify the tax paid. If the tax was paid by a contractor, subcontractor, or builder, under subdivision 1, clause (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), deleted text begin ordeleted text end (15),new text begin or (16),new text end the contractor, subcontractor, or builder must furnish to the refund applicant a statement including the cost of the exempt items and the taxes paid on the items unless otherwise specifically provided by this subdivision. The provisions of sections 289A.40 and 289A.50 apply to refunds under this section.

(b) An applicant may not file more than two applications per calendar year for refunds for taxes paid on capital equipment exempt under section 297A.68, subdivision 5.

(c) Total refunds for purchases of items in section 297A.71, subdivision 40, must not exceed $5,000,000 in fiscal years 2010 and 2011. Applications for refunds for purchases of items in sections 297A.70, subdivision 3, paragraph (a), clause (11), and 297A.71, subdivision 40, must not be filed until after June 30, 2009.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for sales and purchases made after June 30, 2012. new text end

Sec. 16.

Minnesota Statutes 2010, section 297B.03, is amended to read:

297B.03 EXEMPTIONS.

There is specifically exempted from the provisions of this chapter and from computation of the amount of tax imposed by it the following:

(1) purchase or use, including use under a lease purchase agreement or installment sales contract made pursuant to section 465.71, of any motor vehicle by the United States and its agencies and instrumentalities and by any person described in and subject to the conditions provided in section 297A.67, subdivision 11;

(2) purchase or use of any motor vehicle by any person who was a resident of another state or country at the time of the purchase and who subsequently becomes a resident of Minnesota, provided the purchase occurred more than 60 days prior to the date such person began residing in the state of Minnesota and the motor vehicle was registered in the person's name in the other state or country;

(3) purchase or use of any motor vehicle by any person making a valid election to be taxed under the provisions of section 297A.90;

(4) purchase or use of any motor vehicle previously registered in the state of Minnesota when such transfer constitutes a transfer within the meaning of section 118, 331, 332, 336, 337, 338, 351, 355, 368, 721, 731, 1031, 1033, or 1563(a) of the Internal Revenue Code;

(5) purchase or use of any vehicle owned by a resident of another state and leased to a Minnesota-based private or for-hire carrier for regular use in the transportation of persons or property in interstate commerce provided the vehicle is titled in the state of the owner or secured party, and that state does not impose a sales tax or sales tax on motor vehicles used in interstate commerce;

(6) purchase or use of a motor vehicle by a private nonprofit or public educational institution for use as an instructional aid in automotive training programs operated by the institution. "Automotive training programs" includes motor vehicle body and mechanical repair courses but does not include driver education programs;

(7) purchase of a motor vehicle deleted text begin for use as an ambulancedeleted text end by an ambulance service licensed under section 144E.10new text begin when that vehicle is equipped and specifically intended for emergency response or for providing ambulance servicenew text end ;

(8) purchase of a motor vehicle by or for a public library, as defined in section 134.001, subdivision 2, as a bookmobile or library delivery vehicle;

(9) purchase of a ready-mixed concrete truck;

(10) purchase or use of a motor vehicle by a town for use exclusively for road maintenance, including snowplows and dump trucks, but not including automobiles, vans, or pickup trucks;

(11) purchase or use of a motor vehicle by a corporation, society, association, foundation, or institution organized and operated exclusively for charitable, religious, or educational purposes, except a public school, university, or library, but only if the vehicle is:

(i) a truck, as defined in section 168.002, a bus, as defined in section 168.002, or a passenger automobile, as defined in section 168.002, if the automobile is designed and used for carrying more than nine persons including the driver; and

(ii) intended to be used primarily to transport tangible personal property or individuals, other than employees, to whom the organization provides service in performing its charitable, religious, or educational purpose;

(12) purchase of a motor vehicle for use by a transit provider exclusively to provide transit service is exempt if the transit provider is either (i) receiving financial assistance or reimbursement under section 174.24 or 473.384, or (ii) operating under section 174.29, 473.388, or 473.405;

(13) purchase or use of a motor vehicle by a qualified business, as defined in section 469.310, located in a job opportunity building zone, if the motor vehicle is principally garaged in the job opportunity building zone and is primarily used as part of or in direct support of the person's operations carried on in the job opportunity building zone. The exemption under this clause applies to sales, if the purchase was made and delivery received during the duration of the job opportunity building zone. The exemption under this clause also applies to any local sales and use tax; and

(14) purchase of a leased vehicle by the lessee who was a participant in a lease-to-own program from a charitable organization that is:

(i) described in section 501(c)(3) of the Internal Revenue Code; and

(ii) licensed as a motor vehicle lessor under section 168.27, subdivision 4.

new text begin EFFECTIVE DATE. new text end

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

Sec. 17.

Laws 2006, chapter 257, section 2, the effective date, is amended to read:

EFFECTIVE DATE.

This section is effective for salesnew text begin and purchasesnew text end after June 30, 2006, and before July 1, deleted text begin 2011deleted text end new text begin 2015new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively for sales and purchases made after June 30, 2011. new text end

ARTICLE 4

LOCAL TAXES

Section 1.

Minnesota Statutes 2010, section 297A.99, subdivision 1, is amended to read:

Subdivision 1.

Authorization; scope.

(a) A political subdivision of this state may impose a general sales tax (1) under section 297A.992, (2) under section 297A.993, (3) if permitted by special law deleted text begin enacted prior to May 20, 2008deleted text end , or (4) if the political subdivision enacted and imposed the tax before January 1, 1982, and its predecessor provision.

(b) This section governs the imposition of a general sales tax by the political subdivision. The provisions of this section preempt the provisions of any special law:

(1) enacted before June 2, 1997, or

(2) enacted on or after June 2, 1997, that does not explicitly exempt the special law provision from this section's rules by reference.

(c) This section does not apply to or preempt a sales tax on motor vehicles or a special excise tax on motor vehicles.

deleted text begin (d) Until after May 31, 2010, a political subdivision may not advertise, promote, expend funds, or hold a referendum to support imposing a local option sales tax unless it is for extension of an existing tax or the tax was authorized by a special law enacted prior to May 20, 2008. deleted text end

new text begin (d) A political subdivision may not advertise or expend funds for the promotion of a referendum to support imposing a local option sales tax. A political subdivision may only expend funds to conduct the referendum. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2010, section 297A.99, subdivision 3, is amended to read:

Subd. 3.

Requirements for adoption, use, termination.

(a) Imposition of a local sales tax is subject to approval by voters of the political subdivision at a general election.new text begin The election must be conducted before the governing body of the political subdivision requests legislative approval of the tax.new text end

(b) The proceeds of the tax must be dedicated exclusively to payment of the cost of a specific capital improvement which is designated at least 90 days before the referendum on imposition of the tax is conducted.

(c) The tax must terminate after the improvement designated under paragraph (b) has been completed.

(d) After a sales tax imposed by a political subdivision has expired or been terminated, the political subdivision is prohibited from imposing a local sales tax for a period of one year. Notwithstanding subdivision 13, this paragraph applies to all local sales taxes in effect at the time of or imposed after May 26, 1999.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2010, section 473.757, subdivision 11, is amended to read:

Subd. 11.

Uses of tax.

(a) Revenues received from the tax imposed under subdivision 10 may be used:

(1) to pay costs of collection;

(2) to pay or reimburse or secure the payment of any principal of, premium, or interest on bonds issued in accordance with this act;

(3) to pay costs and make expenditures and grants described in this section, including financing costs related to them;

(4) to maintain reserves for the foregoing purposes deemed reasonable and appropriate by the county;

(5) to pay for operating costs of the ballpark authority other than the cost of operating or maintaining the ballpark; and

(6) to make expenditures and grants for youth activities and amateur sports and extension of library hours as described in subdivision 2;

and for no other purpose.

(b) Revenues from the tax designated for use under paragraph (a), clause (5), must be deposited in the operating fund of the ballpark authority.

(c) After completion of the ballpark and public infrastructure, the tax revenues not required for current payments of the expenditures described in paragraph (a), clauses (1) to (6), shall be used to (i) redeem or defease the bonds and (ii) prepay or establish a fund for payment of future obligations under grants or other commitments for future expenditures which are permitted by this section. Upon the redemption or defeasance of the bonds and the establishment of reserves adequate to meet such future obligations, the taxes shall terminate and shall not be reimposed.new text begin For purposes of this subdivision, "reserves adequate to meet such future obligations" means a reserve that does not exceed the net present value of the county's obligation to make grants under paragraph (a), clauses (5) and (6), and to fund the reserve for capital improvements required under section 473.759, subdivision 3, for the 30-year period beginning on the date of the original issuance of the bonds, less those obligations that the county has already paid.new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Laws 1996, chapter 471, article 2, section 29, subdivision 1, as amended by Laws 2006, chapter 259, article 3, section 3, is amended to read:

Subdivision 1.

Sales tax authorized.

new text begin (a) new text end Notwithstanding Minnesota Statutes, section 477A.016, or any other contrary provision of law, ordinance, or city charter, the city of Hermantown may, by ordinance, impose an additional sales tax of up to one percent on sales transactions taxable pursuant to Minnesota Statutes, chapter 297A, that occur within the city. The proceeds of the tax imposed under this section must be used to meet the costs of:

(1) extending a sewer interceptor line;

(2) construction of a booster pump station, reservoirs, and related improvements to the water system; and

(3) construction of a building containing a police and fire station and an administrative services facility.

new text begin (b) If the city imposed a sales tax of only one-half of one percent under paragraph (a), it may increase the tax to one percent to fund the purposes under paragraph (a) provided it is approved by the voters at a general election held before December 31, 2012. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following compliance by the city of Hermantown with Minnesota Statutes, section 645.021. new text end

Sec. 5.

Laws 1998, chapter 389, article 8, section 43, subdivision 3, as amended by Laws 2005, First Special Session chapter 3, article 5, section 28, is amended to read:

Subd. 3.

Use of revenues.

new text begin (a) new text end Revenues received from the taxes authorized by subdivisions 1 and 2 must be used by the city to pay for the cost of collecting and administering the taxes and to pay for the following projects:

(1) transportation infrastructure improvements including regional highway and airport improvements;

(2) improvements to the civic center complex;

(3) a municipal water, sewer, and storm sewer project necessary to improve regional ground water quality; and

(4) construction of a regional recreation and sports center and other higher education facilities available for both community and student use.

new text begin (b) new text end The total amount of capital expenditures or bonds for deleted text begin thesedeleted text end projectsnew text begin listed in paragraph (a)new text end that may be paid from the revenues raised from the taxes authorized in this section may not exceed $111,500,000. The total amount of capital expenditures or bonds for the project in clause (4) that may be paid from the revenues raised from the taxes authorized in this section may not exceed $28,000,000.

new text begin (c) In addition to the projects authorized in paragraph (a) and not subject to the amount stated in paragraph (b), the city of Rochester may, if approved by the voters at an election under subdivision 5, paragraph (c), use the revenues received from the taxes and bonds authorized in this section to pay the costs of or bonds for the following purposes: new text end

new text begin (1) $17,000,000 for capital expenditures and bonds for the following Olmsted County transportation infrastructure improvements: new text end

new text begin (i) County State Aid Highway 34 reconstruction; new text end

new text begin (ii) Trunk Highway 63 and County State Aid Highway 16 interchange; new text end

new text begin (iii) phase II of the Trunk Highway 52 and County State Aid Highway 22 interchange; new text end

new text begin (iv) widening of County State Aid Highway 22 West Circle Drive; and new text end

new text begin (v) 60th Avenue Northwest corridor preservation; new text end

new text begin (2) $30,000,000 for city transportation projects including: new text end

new text begin (i) Trunk Highway 52 and 65th Street interchange; new text end

new text begin (ii) NW transportation corridor acquisition; new text end

new text begin (iii) Phase I of the Trunk Highway 52 and County State Aid Highway 22 interchange; new text end

new text begin (iv) Trunk Highway 14 and Trunk Highway 63 intersection; new text end

new text begin (v) Southeast transportation corridor acquisition; new text end

new text begin (vi) Rochester International Airport expansion; and new text end

new text begin (vii) a transit operations center bus facility; new text end

new text begin (3) $14,000,000 for the University of Minnesota Rochester academic and complementary facilities; new text end

new text begin (4) $6,500,000 for the Rochester Community and Technical College/Winona State University career technical education and science and math facilities; new text end

new text begin (5) $6,000,000 for the Rochester Community and Technical College regional recreation facilities at University Center Rochester; new text end

new text begin (6) $20,000,000 for the Destination Medical Community Initiative; new text end

new text begin (7) $8,000,000 for the regional public safety and 911 dispatch center facilities; new text end

new text begin (8) $20,000,000 for a regional recreation/senior center; new text end

new text begin (9) $10,000,000 for an economic development fund; and new text end

new text begin (10) $8,000,000 for downtown infrastructure. new text end

new text begin (d) No revenues from the taxes raised from the taxes authorized in subdivisions 1 and 2 may be used to fund transportation improvements related to a railroad bypass that would divert traffic from the city of Rochester. new text end

new text begin (e) The city shall use $5,000,000 of the money allocated to the purpose in paragraph (c), clause (9), for grants to the cities of Byron, Chatfield, Dodge Center, Dover, Elgin, Eyota, Kasson, Mantorville, Oronoco, Pine Island, Plainview, St. Charles, Stewartville, Zumbrota, Spring Valley, West Concord, and Hayfield for economic development projects that these communities would fund through their economic development authority or housing and redevelopment authority. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after compliance by the governing body of the city of Rochester with Minnesota Statutes, section 645.021. new text end

Sec. 6.

Laws 1998, chapter 389, article 8, section 43, subdivision 4, as amended by Laws 2005, First Special Session chapter 3, article 5, section 29, is amended to read:

Subd. 4.

Bonding authority.

(a) The city may issue bonds under Minnesota Statutes, chapter 475, to finance the capital expenditure and improvement projects. An election to approve up to $71,500,000 in bonds under Minnesota Statutes, section 475.58, may be held in combination with the election to authorize imposition of the tax under subdivision 1. Whether to permit imposition of the tax and issuance of bonds may be posed to the voters as a single question. The question must state that the sales tax revenues are pledged to pay the bonds, but that the bonds are general obligations and will be guaranteed by the city's property taxes. An election to approve up to an additional $40,000,000 of bonds under Minnesota Statutes, section 475.58, may be held in combination with the election to authorize extension of the tax under subdivision 5, paragraph (b).new text begin An election to approve bonds under Minnesota Statutes, section 475.58, in an amount not to exceed $139,500,000 plus an amount equal to the costs of issuance of the bonds, may be held in combination with the election to authorize the extension of the tax under subdivision 5, paragraph (c).new text end

new text begin (b) new text end The city deleted text begin maydeleted text end new text begin shallnew text end enter into an agreement with Olmsted County under which the city and the county agree to jointly undertake and finance certain roadway infrastructure improvements. The agreement deleted text begin maydeleted text end new text begin shallnew text end provide that the city will make available to the county a portion of the sales tax revenues collected pursuant to the authority granted in this section and the bonding authority provided in this subdivision. The county may, pursuant to the agreement, issue its general obligation bonds in a principal amount not exceeding the amount authorized by its agreement with the city payable primarily from the sales tax revenues from the city under the agreement. The county's bonds must be issued in accordance with the provisions of Minnesota Statutes, chapter 475, except that no election is required for the issuance of the bonds and the bonds are not included in the net debt of the county.

deleted text begin (b)deleted text end new text begin (c)new text end The issuance of bonds under this subdivision is not subject to Minnesota Statutes, section 275.60.

deleted text begin (c)deleted text end new text begin (d) new text end The bonds are not included in computing any debt limitation applicable to the city, and the levy of taxes under Minnesota Statutes, section 475.61, to pay principal of and interest on the bonds is not subject to any levy limitation.

new text begin (e) new text end The aggregate principal amount of bonds, plus the aggregate of the taxes used directly to pay eligible capital expenditures and improvementsnew text begin for projects listed in subdivision 3, paragraph (a),new text end may not exceed $111,500,000, plus an amount equal to the costs related to issuance of the bonds.new text begin The aggregate principal amount of bonds plus the aggregate of the taxes used directly to pay the costs of eligible projects under subdivision 3, paragraph (c), may not exceed $139,500,000 plus an amount equal to the costs of issuance of the bonds.new text end

deleted text begin (d)deleted text end new text begin (f)new text end The taxes may be pledged to and used for the payment of the bonds and any bonds issued to refund them, only if the bonds and any refunding bonds are general obligations of the city.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after compliance by the governing body of the city of Rochester with Minnesota Statutes, section 645.021. new text end

Sec. 7.

Laws 1998, chapter 389, article 8, section 43, subdivision 5, as amended by Laws 2005, First Special Session chapter 3, article 5, section 30, is amended to read:

Subd. 5.

Termination of taxes.

(a) The taxes imposed under subdivisions 1 and 2 expire at the later of (1) December 31, 2009, or (2) when the city council determines that sufficient funds have been received from the taxes to finance the first $71,500,000 of capital expenditures and bonds for the projects authorized in subdivision 3, including the amount to prepay or retire at maturity the principal, interest, and premium due on any bonds issued for the projects under subdivision 4, unless the taxes are extended as allowed in paragraph (b). Any funds remaining after completion of the project and retirement or redemption of the bonds shall also be used to fund the projects under subdivision 3. The taxes imposed under subdivisions 1 and 2 may expire at an earlier time if the city so determines by ordinance.

(b) Notwithstanding Minnesota Statutes, sections 297A.99 and 477A.016, or any other contrary provision of law, ordinance, or city charter, the city of Rochester may, by ordinance, extend the taxes authorized in subdivisions 1 and 2 beyond December 31, 2009, if approved by the voters of the city at a special election in 2005 or the general election in 2006. The question put to the voters must indicate that an affirmative vote would allow up to an additional $40,000,000 of sales tax revenues be raised and up to $40,000,000 of bonds to be issued above the amount authorized in the June 23, 1998, referendum for the projects specified in subdivision 3. If the taxes authorized in subdivisions 1 and 2 are extended under this paragraph, the taxes expire when the city council determines that sufficient funds have been received from the taxes to finance the projects and to prepay or retire at maturity the principal, interest, and premium due on any bonds issued for the projects under subdivision 4. Any funds remaining after completion of the project and retirement or redemption of the bonds may be placed in the general fund of the city.

new text begin (c) Notwithstanding Minnesota Statutes, sections 297A.99 and 477A.016, or any other contrary provision of law, ordinance, or city charter, the city of Rochester may, by ordinance, extend the taxes authorized in subdivisions 1 and 2 beyond the date the city council determines that sufficient funds have been received from the taxes to finance $111,500,000 of expenditures and bonds for the projects authorized in subdivision 3, paragraph (a), plus an amount equal to the costs of issuance of the bonds and including the amount to prepay or retire at maturity the principal, interest, and premiums due on any bonds issued for the projects under subdivision 4, paragraph (a), if approved by the voters of the city at the general election in 2012. If the election to authorize the additional $139,500,000 of bonds plus an amount equal to the costs of the issuance of the bonds is placed on the general election ballot in 2012, the city may continue to collect the taxes authorized in subdivisions 1 and 2 until December 31, 2012. The question put to the voters must indicate that an affirmative vote would allow sales tax revenues be raised for an extended period of time and an additional $139,500,000 of bonds plus an amount equal to the costs of issuance of the bonds, to be issued above the amount authorized in the previous elections required under paragraphs (a) and (b) for the projects and amounts specified in subdivision 3. If the taxes authorized in subdivisions 1 and 2 are extended under this paragraph, the taxes expire when the city council determines that $139,500,000 has been received from the taxes to finance the projects plus an amount sufficient to prepay or retire at maturity the principal, interest, and premium due on any bonds issued for the projects under subdivision 4, including any bonds issued to refund the bonds. Any funds remaining after completion of the projects and retirement or redemption of the bonds may be placed in the general fund of the city. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after compliance by the governing body of the city of Rochester with Minnesota Statutes, section 645.021. new text end

Sec. 8.

Laws 2008, chapter 366, article 7, section 19, subdivision 3, is amended to read:

Subd. 3.

Use of revenues.

new text begin Notwithstanding Minnesota Statutes, section 297A.99, subdivision 3, paragraph (b), new text end the proceeds of the tax imposed under this section shall be used to pay for the costs of acquisition, construction, improvement, and development of deleted text begin adeleted text end new text begin regional parks, bicycle trails, park land, open space, andnew text end pedestrian deleted text begin bridgedeleted text end new text begin walkways, as described in the city improvement plan adopted by the city council by resolution on December 12, 2006new text end , and land and buildings for a community and recreation center. The total amount of revenues from the taxes in subdivisions 1 and 2 that may be used to fund these projects is $12,000,000 plus any associated bond costs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after compliance by the governing body of the city of Clearwater with Minnesota Statutes, section 645.021. new text end

Sec. 9.

Laws 2010, chapter 389, article 5, section 6, subdivision 1, is amended to read:

Subdivision 1.

Authorization.

Notwithstanding Minnesota Statutes, section 297A.99, subdivisions 1, 2, and 3, or 477A.016, or any other law, ordinance, or city charter, the city of Marshall, if imposed within deleted text begin twodeleted text end new text begin threenew text end years of the date of final enactment of this section, may impose any or all of the taxes described in this section.

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

new text begin CITY OF CLOQUET; TAXES AUTHORIZED. new text end

new text begin Subdivision 1. new text end

new text begin Sales and use tax. new text end

new text begin Notwithstanding Minnesota Statutes, section 297A.99, subdivision 1, 477A.016, or any other provision of law, ordinance, or city charter, if approved by the voters pursuant to Minnesota Statutes, section 297A.99, the city of Cloquet may impose by ordinance a sales and use tax of up to one-half of one percent for the purposes specified in subdivision 3. Except as provided in this section, the provisions of Minnesota Statutes, section 297A.99, govern the imposition, administration, collection, and enforcement of the tax authorized under this subdivision. new text end

new text begin Subd. 2. new text end

new text begin Excise tax authorized. new text end

new text begin Notwithstanding Minnesota Statutes, section 297A.99, subdivision 1, 477A.016, or any other provision of law, ordinance, or city charter, the city of Cloquet may impose by ordinance, for the purposes specified in subdivision 3, an excise tax of up to $20 per motor vehicle, as defined by ordinance, purchased or acquired from any person engaged within the city in the business of selling motor vehicles at retail. new text end

new text begin Subd. 3. new text end

new text begin Use of revenues. new text end

new text begin Revenues received from taxes authorized by subdivisions 1 and 2 must be used by the city to pay the cost of collecting the taxes and to pay for the following projects: new text end

new text begin (1) $4,500,000 for construction and completion of park improvement projects, including St. Louis River riverfront improvements; Veteran's Park construction and improvements; improvements to the Hilltop Park soccer complex and Braun Park baseball complex; capital equipment and building and grounds improvements at the Pine Valley Park/Pine Valley Hockey Arena/Cloquet Area Recreation Center; and development of pedestrian trails within the city; new text end

new text begin (2) $5,800,00 for extension of utilities and the construction of all improvements associated with the development of property adjacent to Highway 33 and Interstate Highway 35, including payment of all debt service on bonds issued for these; and new text end

new text begin (3) $6,200,000 for engineering and construction of infrastructure improvements, including, but not limited to, storm sewer, sanitary sewer, and water in areas identified as part of the city's comprehensive land use plan. new text end

new text begin Authorized expenses include, but are not limited to, acquiring property and paying construction expenses related to these improvements, and paying debt service on bonds or other obligations issued to finance acquisition and construction of these improvements. new text end

new text begin Subd. 4. new text end

new text begin Bonding authority. new text end

new text begin (a) The city may issue bonds under Minnesota Statutes, chapter 475, to pay capital and administrative expenses for the improvements described in subdivision 3 in an amount that does not exceed $16,500,000. An election to approve the bonds under Minnesota Statutes, section 475.58, is not required. new text end

new text begin (b) The issuance of bonds under this subdivision is not subject to Minnesota Statutes, sections 275.60 and 275.61. new text end

new text begin (c) The debt represented by the bonds is not included in computing any debt limitation applicable to the city, and any levy of taxes under Minnesota Statutes, section 475.61, to pay principal of and interest on the bonds is not subject to any levy limitation. new text end

new text begin Subd. 5. new text end

new text begin Termination of taxes. new text end

new text begin The taxes imposed under subdivisions 1 and 2 expire at the earlier of (1) 30 years, or (2) when the city council determines that the amount of revenues received from the taxes to finance the improvements described in subdivision 3 first equals or exceeds $16,500,000, plus the additional amount needed to pay the costs related to issuance of bonds under subdivision 4, including interest on the bonds. Any funds remaining after completion of the project and retirement or redemption of the bonds may be placed in the general fund of the city. The taxes imposed under subdivisions 1 and 2 may expire at an earlier time if the city so determines by ordinance. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing body of the city of Cloquet and its chief clerical officer timely comply with Minnesota Statutes, section 645.021.new text end

Sec. 11.

new text begin CITY OF FERGUS FALLS; SALES AND USE TAX AUTHORIZED. new text end

new text begin Subdivision 1. new text end

new text begin Sales and use tax. new text end

new text begin Notwithstanding Minnesota Statutes, section 297A.99, subdivision 1, or 477A.016, or any other provision of law, ordinance, or city charter, as approved by the voters at the November 2, 2010 general election, the city of Fergus Falls may impose by ordinance a sales and use tax of up to one-half of one percent for the purposes specified in subdivision 2. Except as provided in this section, the provisions of Minnesota Statutes, section 297A.99, govern the imposition, administration, collection, and enforcement of the tax authorized under this subdivision. new text end

new text begin Subd. 2. new text end

new text begin Use of revenues. new text end

new text begin Revenues received from taxes authorized by subdivision 1 must be used by the city of Fergus Falls to pay the cost of collecting the tax and to pay for all or part of the costs of the acquisition and betterment of a regional community ice arena facility. Authorized expenses include, but are not limited to, acquiring property, predesign, design, and paying construction, furnishing, and equipment costs related to the facility and paying debt service on bonds or other obligations issued by the Fergus Falls Port Authority to finance the facility. The amount of revenues from the tax imposed under subdivision 1 that may be used to finance the facility and any associated costs is limited to $6,600,000. new text end

new text begin Subd. 3. new text end

new text begin Termination of taxes. new text end

new text begin The tax imposed under this section expires when the Fergus Falls City Council determines that sufficient funds have been received from the taxes to finance the facility and to prepay or retire at maturity the principal, interest, and premium due on any bonds, including refunding bonds, issued by the Fergus Falls Port Authority for the facility. Any funds remaining after completion of the facility and retirement or redemption of the bonds may be placed in the general fund of the city of Fergus Falls. The tax imposed under subdivision 1 may expire at an earlier time if the city so determines by ordinance. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing body of the city of Fergus Falls and its chief clerical officer timely comply with Minnesota Statutes, section 645.021. new text end

Sec. 12.

new text begin CITY OF HUTCHINSON; TAXES AUTHORIZED. new text end

new text begin Subdivision 1. new text end

new text begin Sales and use tax. new text end

new text begin Notwithstanding Minnesota Statutes, section 477A.016, or any other provision of law, ordinance, or city charter, as approved by the voters at a referendum held at the 2010 general election, the city of Hutchinson may impose by ordinance a sales and use tax of up to one-half of one percent for the purposes specified in subdivision 3. Except as otherwise provided in this section, Minnesota Statutes, section 297A.99, governs the imposition, administration, collection, and enforcement of the tax authorized under this subdivision. Minnesota Statutes, section 297A.99, subdivision 1, paragraph (d), does not apply to this section. new text end

new text begin Subd. 2. new text end

new text begin Excise tax authorized. new text end

new text begin Notwithstanding Minnesota Statutes, section 477A.016, or any other provision of law, ordinance, or city charter, the city of Hutchinson may impose by ordinance, for the purposes specified in subdivision 3, an excise tax of up to $20 per motor vehicle, as defined by ordinance, purchased or acquired from any person engaged within the city in the business of selling motor vehicles at retail. new text end

new text begin Subd. 3. new text end

new text begin Use of revenues. new text end

new text begin Revenues received from the taxes authorized by this section must be used to pay the cost of collecting and administering the tax and to finance the costs of constructing the water treatment facility and renovating the wastewater treatment facility in the city of Hutchinson. Authorized costs include, but are not limited to, construction and engineering costs of the projects and associated bond costs. new text end

new text begin Subd. 4. new text end

new text begin Termination of tax. new text end

new text begin The taxes authorized under subdivisions 1 and 2 terminate at the earlier of: (1) 18 years after the date of initial imposition of the tax; or (2) when the Hutchinson City Council determines that the amount of revenues raised is sufficient to pay for the projects under subdivision 3, plus the amount needed to finance the capital and administrative costs for the projects specified in subdivision 3, and to repay or retire at maturity the principal, interest, and premium due on any bonds issued for the projects. Any funds remaining after completion of the projects specified in subdivision 3 and retirement or redemption of the associated bonds may be placed in the general fund of the city. The taxes imposed under subdivisions 1 and 2 may expire at an earlier time if the city so determines by ordinance. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after compliance by the governing body of the city of Hutchinson with Minnesota Statutes, section 645.021. new text end

Sec. 13.

new text begin CITY OF LANESBORO; SALES AND USE TAX AUTHORIZED. new text end

new text begin Subdivision 1. new text end

new text begin Sales and use tax authorized. new text end

new text begin Notwithstanding Minnesota Statutes, sections 297A.99, subdivision 1, and 477A.016, or any other provision of law, ordinance, or city charter, as approved by the voters at the November 2, 2010, general election, the city of Lanesboro may impose by ordinance a sales and use tax of up to one-half of one percent for the purposes specified in subdivision 2. Except as provided in this section, the provisions of Minnesota Statutes, section 297A.99, govern the imposition of the tax authorized under this subdivision. new text end

new text begin Subd. 2. new text end

new text begin Use of revenues. new text end

new text begin Revenues received from the tax authorized under subdivision 1 must be used by the city of Lanesboro to pay the costs of collecting the tax and to pay for all or a part of the improvements to city streets and utility systems, and the betterment of city municipal buildings consisting of (i) street and utility improvements to Calhoun Avenue, Fillmore Avenue, Kenilworth Avenue, Pleasant Street, Kirkwood Street, Auburn Avenue, and Zenith Street, and street light replacement on State Highways 250 and 16; (ii) improvements to utility systems consisting of wastewater treatment facility improvements and electric utility improvements to the Lanesboro High Hazard Dam; and (iii) improvements to the Lanesboro community center, library, and city hall, including paying debt service on bonds or other obligations issued to fund these projects under subdivision 3. The total amount of revenues from the taxes in subdivision 1 that may be used to fund these projects is $800,000 plus any associated bond costs. new text end

new text begin Subd. 3. new text end

new text begin Bonding authority. new text end

new text begin The city of Lanesboro may issue bonds under Minnesota Statutes, chapter 475, to pay capital and administrative expenses related to the projects authorized in subdivision 2. An election to approve the bonds under Minnesota Statutes, section 475.58, is not required. The issuance of bonds under this subdivision is not subject to Minnesota Statutes, sections 275.60 and 275.61. The bonds are not included in computing any debt limitation applicable to the city and the levy of taxes under Minnesota Statutes, section 475.61, to pay principal and interest on the bonds is not subject to any levy limitation. new text end

new text begin The aggregate principal amount of the bonds plus the aggregate of the taxes used directly to pay costs of the projects listed in subdivision 2 may not exceed $800,000, plus an amount equal to the costs related to issuance of the bonds and capitalized interest. new text end

new text begin The taxes authorized in subdivision 1 may be pledged and used for payments of the bonds and bonds issued to refund them, only if the bonds and any refunding bonds are general obligations of the city. new text end

new text begin Subd. 4. new text end

new text begin Termination of tax. new text end

new text begin The tax imposed under subdivision 1 expires when the Lanesboro City Council determines that sufficient funds have been raised from the taxes to finance the projects authorized under subdivision 2 and to prepay or retire at maturity the principal, interest, and premium due on any bonds issued under subdivision 3. Any funds remaining after completion of the project and retirement or redemption of the bonds may be placed in the general fund of the city. The tax imposed under subdivision 1 may expire at an earlier time if the city so determines by ordinance. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing body of the city of Lanesboro and its chief clerical officer comply with Minnesota Statutes, section 645.021. new text end

Sec. 14.

new text begin CITY OF MARSHALL; SALES AND USE TAX. new text end

new text begin Subdivision 1. new text end

new text begin Authorization. new text end

new text begin Notwithstanding Minnesota Statutes, section 297A.99, subdivisions 1 and 2, or 477A.016, or any other law, ordinance, or city charter, the city of Marshall, if approved by the voters at a general election held within two years of the date of final enactment of this section, may impose the tax authorized under subdivision 2. Two separate ballot questions must be presented to the voters, one for each of the two facility projects named in subdivision 3. new text end

new text begin Subd. 2. new text end

new text begin Sales and use tax authorized. new text end

new text begin The city of Marshall may impose by ordinance a sales and use tax of up to one-half of one percent for the purposes specified in subdivision 3. The provisions of Minnesota Statutes, section 297A.99, except subdivisions 1 and 2, govern the imposition, administration, collection, and enforcement of the tax authorized under this subdivision. new text end

new text begin Subd. 3. new text end

new text begin Use of sales and use tax revenues. new text end

new text begin The revenues derived from the tax authorized under subdivision 2 must be used by the city of Marshall to pay the costs of collecting and administering the sales and use tax and to pay all or part of the costs of the new and existing facilities of the Minnesota Emergency Response and Industry Training Center and all or part of the costs of the new facilities of the Southwest Minnesota Regional Amateur Sports Center. Authorized expenses include, but are not limited to, acquiring property, predesign, design, and paying construction, furnishing, and equipment costs related to these facilities and paying debt service on bonds or other obligations issued by the city of Marshall under subdivision 4 to finance the capital costs of these facilities. new text end

new text begin Subd. 4. new text end

new text begin Bonds. new text end

new text begin (a) If the imposition of a sales and use tax is approved by the voters, the city of Marshall may issue bonds under Minnesota Statutes, chapter 475, to finance all or a portion of the costs of the facilities authorized in subdivision 3, and may issue bonds to refund bonds previously issued. The aggregate principal amount of bonds issued under this subdivision may not exceed $17,290,000, plus an amount to be applied to the payment of the costs of issuing the bonds. The bonds may be paid from or secured by any funds available to the city of Marshall, including the tax authorized under subdivision 2. new text end

new text begin (b) The bonds are not included in computing any debt limitation applicable to the city of Marshall, and any levy of taxes under Minnesota Statutes, section 475.61, to pay principal and interest on the bonds, is not subject to any levy limitation. A separate election to approve the bonds under Minnesota Statutes, section 475.58, is not required. new text end

new text begin Subd. 5. new text end

new text begin Termination of taxes. new text end

new text begin The tax imposed under subdivision 2 expires at the earlier of (1) 15 years after the tax is first imposed, or (2) when the city council determines that the amount of revenues received from the tax to pay for the capital and administrative costs of the facilities under subdivision 3 first equals or exceeds the amount authorized to be spent for the facilities plus the additional amount needed to pay the costs related to issuance of the bonds under subdivision 4, including interest on the bonds. Any funds remaining after payment of all such costs and retirement or redemption of the bonds shall be placed in the general fund of the city. The tax imposed under subdivision 2 may expire at an earlier time if the city so determines by ordinance. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after compliance by the governing body of the city of Marshall with Minnesota Statutes, section 645.021. new text end

Sec. 15.

new text begin CITY OF MEDFORD; SALES AND USE TAX. new text end

new text begin Subdivision 1. new text end

new text begin Sales and use tax authorized. new text end

new text begin Notwithstanding Minnesota Statutes, sections 297A.99, subdivision 1, and 477A.016, or any other provision of law, ordinance, or city charter, if approved by the voters pursuant to Minnesota Statutes, section 297A.99, at the next general election, the city of Medford may impose by ordinance a sales and use tax of one-half of one percent for the purposes specified in subdivision 2. Except as otherwise provided in this section, the provisions of Minnesota Statutes, section 297A.99, govern the imposition, administration, collection, and enforcement of the tax authorized under this subdivision. new text end

new text begin Subd. 2. new text end

new text begin Use of revenues. new text end

new text begin The proceeds of the tax imposed under this section must be used by the city of Medford to pay the costs of collecting and administering the tax and to repay loans received from the Minnesota Public Facilities Authority since 2007 that were used to finance $4,200,000 of improvements to the city's water and wastewater systems. new text end

new text begin Subd. 3. new text end

new text begin Termination of taxes. new text end

new text begin The tax imposed under this section expires at the earlier of (1) 20 years after the date the taxes are first imposed, or (2) when the Medford City Council determines that the amount of revenues received from the tax equals or exceeds the sum of loans made to the city by the Minnesota Public Facilities Authority as described in subdivision 2, including interest on the loans. Any funds remaining after completion of the repayment of the loans may be placed in the general fund of the city. The tax imposed under subdivision 1 may expire at an earlier time if the city so determines by ordinance. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after compliance by the governing body of the city of Medford with Minnesota Statutes, section 645.021. new text end

ARTICLE 5

PROPERTY TAXES

Section 1.

Minnesota Statutes 2010, section 126C.01, subdivision 3, is amended to read:

Subd. 3.

Referendum market value.

"Referendum market value" means the market value of all taxable property, excluding property classified as class 2, deleted text begin noncommercial 4c(1), ordeleted text end 4c(4)new text begin , or 4c(12)new text end under section 273.13. The portion of class 2a property consisting of the house, garage, and surrounding one acre of land of an agricultural homestead is included in referendum market value. Any class of property, or any portion of a class of property, that is included in the definition of referendum market value and that has a class rate of less than one percent under section 273.13 shall have a referendum market value equal to its net tax capacity multiplied by 100.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2010, section 270C.991, subdivision 4, is amended to read:

Subd. 4.

Property tax working group.

(a) A property tax working group is established as provided in this subdivision. The goals of the working group are:

(1) to investigate ways to simplify the property tax system and make advisory recommendations on ways to make the system more understandable;

(2) to reexamine the property tax calendar to determine what changes could be made to shorten the two-year cycle from assessment through property tax collection; and

(3) to determine the cost versus the benefits of the various property tax components, including property classifications, credits, aids, exclusions, exemptions, and abatements, and to suggest ways to achieve some of the goals in simpler and more cost-efficient ways.

(b) The deleted text begin 13deleted text end new text begin 12new text end -member working group shall consist of the following members:

(1) two state representatives, both appointed by the chair of the house of representatives Taxes Committee, one from the majority party and one from the largest minority party;

(2) two senators appointed by the Subcommittee on Committees of the Senate Rules and Administration Committee, one from the majority party and one from the largest minority party;

deleted text begin (3) the commissioner of revenue, or designee; deleted text end

deleted text begin (4)deleted text end new text begin (3)new text end one person appointed by the Association of Minnesota Counties;

deleted text begin (5)deleted text end new text begin (4)new text end one person appointed by the League of Minnesota Cities;

deleted text begin (6)deleted text end new text begin (5)new text end one person appointed by the Minnesota Association of Townships;

deleted text begin (7)deleted text end new text begin (6)new text end one person appointed by the Minnesota Chamber of Commerce;

deleted text begin (8)deleted text end new text begin (7)new text end one person appointed by the Minnesota Association of Assessing Officers;

deleted text begin (9)deleted text end new text begin (8)new text end two homeowners, one who is under 65 years of age, and one who is 65 years of age or older, both appointed by the commissioner of revenue; and

deleted text begin (10)deleted text end new text begin (9)new text end one person jointly appointed by the Minnesota Farm Bureau and the Minnesota Farmers Union.

The commissioner of revenue shall chair the initial meeting, and the working group shall elect a chair at that initial meeting. The working group will meet at the call of the chair. Members of the working group shall serve without compensation. The commissioner of revenue must provide administrative support to the working group. Chapter 13D does not apply to meetings of the working group. Meetings of the working group must be open to the public and the working group must provide notice of a meeting to potentially interested persons at least seven days before the meeting. A meeting of the council occurs when a quorum is present.

(c) The working group shall make its advisory recommendations to the chairs of the house of representatives and senate Taxes Committees on or before February 1, deleted text begin 2012deleted text end new text begin 2013new text end , at which time the working group shall be finished and this subdivision expires. The advisory recommendations should be reviewed by the Taxes Committee under subdivision 5.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2010, section 272.02, subdivision 39, is amended to read:

Subd. 39.

Economic development; public purpose.

The holding of property by a political subdivision of the state for later resale for economic development purposes shall be considered a public purpose in accordance with subdivision 8 for a period not to exceed deleted text begin eightdeleted text end new text begin ninenew text end years, except that for property located in a city of 5,000 population or under that is located outside of the metropolitan area as defined in section 473.121, subdivision 2, the period must not exceed 15 years.

The holding of property by a political subdivision of the state for later resale (1) which is purchased or held for housing purposes, or (2) which meets the conditions described in section 469.174, subdivision 10, shall be considered a public purpose in accordance with subdivision 8.

The governing body of the political subdivision which acquires property which is subject to this subdivision shall after the purchase of the property certify to the city or county assessor whether the property is held for economic development purposes or housing purposes, or whether it meets the conditions of section 469.174, subdivision 10. If the property is acquired for economic development purposes and buildings or other improvements are constructed after acquisition of the property, and if more than one-half of the floor space of the buildings or improvements which is available for lease to or use by a private individual, corporation, or other entity is leased to or otherwise used by a private individual, corporation, or other entity the provisions of this subdivision shall not apply to the property. This subdivision shall not create an exemption from section 272.01, subdivision 2; 272.68; 273.19; or 469.040, subdivision 3; or other provision of law providing for the taxation of or for payments in lieu of taxes for publicly held property which is leased, loaned, or otherwise made available and used by a private person.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes levied in 2011, payable in 2012, and thereafter. new text end

Sec. 4.

Minnesota Statutes 2010, section 272.02, is amended by adding a subdivision to read:

new text begin Subd. 96. new text end

new text begin Electric generation facility; personal property. new text end

new text begin (a) Notwithstanding subdivision 9, clause (a), and section 453.54, subdivision 20, attached machinery and other personal property that is part of a multiple reciprocating engine electric generation facility that adds more than 20 and less than 30 megawatts of installed capacity at a site where there is presently more than ten megawatts and fewer than 15 megawatts of installed capacity and that meets the requirements of this subdivision is exempt from taxation and from payments in lieu of taxation. At the time of construction, the facility must: new text end

new text begin (1) be designed to utilize natural gas as a primary fuel; new text end

new text begin (2) be owned and operated by a municipal power agency as defined in section 453.52, subdivision 8; new text end

new text begin (3) be located within one mile of an existing natural gas pipeline; new text end

new text begin (4) be designed to have black start capability and to furnish emergency backup power service to the city in which it is located; new text end

new text begin (5) satisfy a resource deficiency identified in an approved integrated resource plan filed under section 216B.2422; and new text end

new text begin (6) have received, by resolution, the approval of the governing bodies of the city and county in which it is located for the exemption of personal property provided by this subdivision. new text end

new text begin (b) Construction of the facility must be commenced after December 31, 2011, and before January 1, 2015. Property eligible for this exemption does not include (i) electric transmission lines and interconnections or gas pipelines and interconnections appurtenant to the property or the facility; or (ii) property located on the site on the enactment date of this subdivision. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for assessments in 2012, taxes payable in 2013, and thereafter. new text end

Sec. 5.

Minnesota Statutes 2010, section 273.121, subdivision 1, is amended to read:

Subdivision 1.

Notice.

Any county assessor or city assessor having the powers of a county assessor, valuing or classifying taxable real property shall in each year notify those persons whose property is to be included on the assessment roll that year if the person's address is known to the assessor, otherwise the occupant of the property. The notice shall be in writing and shall be sent by ordinary mail at least ten days before the meeting of the local board of appeal and equalization under section 274.01 or the review process established under section 274.13, subdivision 1c. Upon written request by the owner of the property, the assessor may send the notice in electronic form or by electronic mail instead of on paper or by ordinary mail. It shall contain: (1) the market value for the current and prior assessment, (2) deleted text begin the limited market value under section 273.11, subdivision 1a, for the current and prior assessment, (3)deleted text end the qualifying amount of any improvements under section 273.11, subdivision 16, for the current assessment, deleted text begin (4)deleted text end new text begin (3)new text end the market value subject to taxation after subtracting the amount of any qualifying improvements for the current assessment, deleted text begin (5)deleted text end new text begin (4)new text end the classification of the property for the current and prior assessment, deleted text begin (6) a note that if the property is homestead and at least 45 years old, improvements made to the property may be eligible for a valuation exclusion under section 273.11, subdivision 16, (7)deleted text end new text begin (5)new text end the assessor's office address, and deleted text begin (8)deleted text end new text begin (6)new text end the dates, places, and times set for the meetings of the local board of appeal and equalization, the review process established under section 274.13, subdivision 1c, and the county board of appeal and equalization. new text begin If the classification of the property has changed between the current and prior assessments, a specific note to that effect shall be prominently listed on the statement. new text end The commissioner of revenue shall specify the form of the notice. The assessor shall attach to the assessment roll a statement that the notices required by this section have been mailed. Any assessor who is not provided sufficient funds from the assessor's governing body to provide such notices, may make application to the commissioner of revenue to finance such notices. The commissioner of revenue shall conduct an investigation and, if satisfied that the assessor does not have the necessary funds, issue a certification to the commissioner of management and budget of the amount necessary to provide such notices. The commissioner of management and budget shall issue a warrant for such amount and shall deduct such amount from any state payment to such county or municipality. The necessary funds to make such payments are hereby appropriated. Failure to receive the notice shall in no way affect the validity of the assessment, the resulting tax, the procedures of any board of review or equalization, or the enforcement of delinquent taxes by statutory means.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for notifications for taxes payable in 2013 and thereafter. new text end

Sec. 6.

Minnesota Statutes 2010, section 273.13, subdivision 23, as amended by Laws 2011, chapter 112, article 11, section 8, is amended to read:

Subd. 23.

Class 2.

(a) An agricultural homestead consists of class 2a agricultural land that is homesteaded, along with any class 2b rural vacant land that is contiguous to the class 2a land under the same ownership. The market value of the house and garage and immediately surrounding one acre of land has the same class rates as class 1a or 1b property under subdivision 22. The value of the remaining land including improvements up to the first tier valuation limit of agricultural homestead property has a net class rate of 0.5 percent of market value. The remaining property over the first tier has a class rate of one percent of market value. For purposes of this subdivision, the "first tier valuation limit of agricultural homestead property" and "first tier" means the limit certified under section 273.11, subdivision 23.

(b) Class 2a agricultural land consists of parcels of property, or portions thereof, that are agricultural land and buildings. Class 2a property has a net class rate of one percent of market value, unless it is part of an agricultural homestead under paragraph (a). Class 2a property must also include any property that would otherwise be classified as 2b, but is interspersed with class 2a property, including but not limited to sloughs, wooded wind shelters, acreage abutting ditches, ravines, rock piles, land subject to a setback requirement, and other similar land that is impractical for the assessor to value separately from the rest of the property or that is unlikely to be able to be sold separately from the rest of the property.

An assessor may classify the part of a parcel described in this subdivision that is used for agricultural purposes as class 2a and the remainder in the class appropriate to its use.

(c) Class 2b rural vacant land consists of parcels of property, or portions thereof, that are unplatted real estate, rural in character and not used for agricultural purposes, including land used for growing trees for timber, lumber, and wood and wood products, that is not improved with a structure. The presence of a minor, ancillary nonresidential structure as defined by the commissioner of revenue does not disqualify the property from classification under this paragraph. Any parcel of 20 acres or more improved with a structure that is not a minor, ancillary nonresidential structure must be split-classified, and ten acres must be assigned to the split parcel containing the structure. Class 2b property has a net class rate of one percent of market value unless it is part of an agricultural homestead under paragraph (a), or qualifies as class 2c under paragraph (d).

(d) Class 2c managed forest land consists of no less than 20 and no more than 1,920 acres statewide per taxpayer that is being managed under a forest management plan that meets the requirements of chapter 290C, but is not enrolled in the sustainable forest resource management incentive program. It has a class rate of .65 percent, provided that the owner of the property must apply to the assessor in order for the property to initially qualify for the reduced rate and provide the information required by the assessor to verify that the property qualifies for the reduced rate. If the assessor receives the application and information before May 1 in an assessment year, the property qualifies beginning with that assessment year. If the assessor receives the application and information after April 30 in an assessment year, the property may not qualify until the next assessment year. The commissioner of natural resources must concur that the land is qualified. The commissioner of natural resources shall annually provide county assessors verification information on a timely basis. The presence of a minor, ancillary nonresidential structure as defined by the commissioner of revenue does not disqualify the property from classification under this paragraph.

(e) Agricultural land as used in this section means contiguous acreage of ten acres or more, used during the preceding year for agricultural purposes. "Agricultural purposes" as used in this section means the raising, cultivation, drying, or storage of agricultural products for sale, or the storage of machinery or equipment used in support of agricultural production by the same farm entity. For a property to be classified as agricultural based only on the drying or storage of agricultural products, the products being dried or stored must have been produced by the same farm entity as the entity operating the drying or storage facility. "Agricultural purposes" also includes enrollment in the Reinvest in Minnesota program under sections 103F.501 to 103F.535 or the federal Conservation Reserve Program as contained in Public Law 99-198 or a similar state or federal conservation program if the property was classified as agricultural (i) under this subdivision for the assessment year 2002 or (ii) in the year prior to its enrollment. Agricultural classification shall not be based upon the market value of any residential structures on the parcel or contiguous parcels under the same ownership.

(f) Real estate of less than ten acres, which is exclusively or intensively used for raising or cultivating agricultural products, shall be considered as agricultural land. To qualify under this paragraph, property that includes a residential structure must be used intensively for one of the following purposes:

(i) for drying or storage of grain or storage of machinery or equipment used to support agricultural activities on other parcels of property operated by the same farming entity;

(ii) as a nursery, provided that only those acres used to produce nursery stock are considered agricultural land;

(iii) for livestock or poultry confinement, provided that land that is used only for pasturing and grazing does not qualify; or

(iv) for market farming; for purposes of this paragraph, "market farming" means the cultivation of one or more fruits or vegetables or production of animal or other agricultural products for sale to local markets by the farmer or an organization with which the farmer is affiliated.

(g) Land shall be classified as agricultural even if all or a portion of the agricultural use of that property is the leasing to, or use by another person for agricultural purposes.

Classification under this subdivision is not determinative for qualifying under section 273.111.

(h) The property classification under this section supersedes, for property tax purposes only, any locally administered agricultural policies or land use restrictions that define minimum or maximum farm acreage.

(i) The term "agricultural products" as used in this subdivision includes production for sale of:

(1) livestock, dairy animals, dairy products, poultry and poultry products, fur-bearing animals, horticultural and nursery stock, fruit of all kinds, vegetables, forage, grains, bees, and apiary products by the owner;

(2) fish bred for sale and consumption if the fish breeding occurs on land zoned for agricultural use;

(3) the commercial boarding of horses, which may include related horse training and riding instruction, if the boarding is done on property that is also used for raising pasture to graze horses or raising or cultivating other agricultural products as defined in clause (1);

(4) property which is owned and operated by nonprofit organizations used for equestrian activities, excluding racing;

(5) game birds and waterfowl bred and raised (i) on a game farm licensed under section 97A.105, provided that the annual licensing reportnew text begin to the Department of Natural Resourcesnew text end , which must be submitted annually by March 30 to the assessor, deleted text begin to the Department of Natural Resourcesdeleted text end indicates that at least 500 birds were raised or used for breeding stock on the property during the new text begin preceding new text end yearnew text begin and that the owner provides a copy of the owner's most recent schedule Fnew text end ; or (ii) for use on a shooting preserve licensed under section 97A.115;

(6) insects primarily bred to be used as food for animals;

(7) trees, grown for sale as a crop, including short rotation woody crops, and not sold for timber, lumber, wood, or wood products; and

(8) maple syrup taken from trees grown by a person licensed by the Minnesota Department of Agriculture under chapter 28A as a food processor.

(j) If a parcel used for agricultural purposes is also used for commercial or industrial purposes, including but not limited to:

(1) wholesale and retail sales;

(2) processing of raw agricultural products or other goods;

(3) warehousing or storage of processed goods; and

(4) office facilities for the support of the activities enumerated in clauses (1), (2), and (3),

the assessor shall classify the part of the parcel used for agricultural purposes as class 1b, 2a, or 2b, whichever is appropriate, and the remainder in the class appropriate to its use. The grading, sorting, and packaging of raw agricultural products for first sale is considered an agricultural purpose. A greenhouse or other building where horticultural or nursery products are grown that is also used for the conduct of retail sales must be classified as agricultural if it is primarily used for the growing of horticultural or nursery products from seed, cuttings, or roots and occasionally as a showroom for the retail sale of those products. Use of a greenhouse or building only for the display of already grown horticultural or nursery products does not qualify as an agricultural purpose.

(k) The assessor shall determine and list separately on the records the market value of the homestead dwelling and the one acre of land on which that dwelling is located. If any farm buildings or structures are located on this homesteaded acre of land, their market value shall not be included in this separate determination.

(l) Class 2d airport landing area consists of a landing area or public access area of a privately owned public use airport. It has a class rate of one percent of market value. To qualify for classification under this paragraph, a privately owned public use airport must be licensed as a public airport under section 360.018. For purposes of this paragraph, "landing area" means that part of a privately owned public use airport properly cleared, regularly maintained, and made available to the public for use by aircraft and includes runways, taxiways, aprons, and sites upon which are situated landing or navigational aids. A landing area also includes land underlying both the primary surface and the approach surfaces that comply with all of the following:

(i) the land is properly cleared and regularly maintained for the primary purposes of the landing, taking off, and taxiing of aircraft; but that portion of the land that contains facilities for servicing, repair, or maintenance of aircraft is not included as a landing area;

(ii) the land is part of the airport property; and

(iii) the land is not used for commercial or residential purposes.

The land contained in a landing area under this paragraph must be described and certified by the commissioner of transportation. The certification is effective until it is modified, or until the airport or landing area no longer meets the requirements of this paragraph. For purposes of this paragraph, "public access area" means property used as an aircraft parking ramp, apron, or storage hangar, or an arrival and departure building in connection with the airport.

(m) Class 2e consists of land with a commercial aggregate deposit that is not actively being mined and is not otherwise classified as class 2a or 2b, provided that the land is not located in a county that has elected to opt-out of the aggregate preservation program as provided in section 273.1115, subdivision 6. It has a class rate of one percent of market value. To qualify for classification under this paragraph, the property must be at least ten contiguous acres in size and the owner of the property must record with the county recorder of the county in which the property is located an affidavit containing:

(1) a legal description of the property;

(2) a disclosure that the property contains a commercial aggregate deposit that is not actively being mined but is present on the entire parcel enrolled;

(3) documentation that the conditional use under the county or local zoning ordinance of this property is for mining; and

(4) documentation that a permit has been issued by the local unit of government or the mining activity is allowed under local ordinance. The disclosure must include a statement from a registered professional geologist, engineer, or soil scientist delineating the deposit and certifying that it is a commercial aggregate deposit.

For purposes of this section and section 273.1115, "commercial aggregate deposit" means a deposit that will yield crushed stone or sand and gravel that is suitable for use as a construction aggregate; and "actively mined" means the removal of top soil and overburden in preparation for excavation or excavation of a commercial deposit.

(n) When any portion of the property under this subdivision or subdivision 22 begins to be actively mined, the owner must file a supplemental affidavit within 60 days from the day any aggregate is removed stating the number of acres of the property that is actively being mined. The acres actively being mined must be (1) valued and classified under subdivision 24 in the next subsequent assessment year, and (2) removed from the aggregate resource preservation property tax program under section 273.1115, if the land was enrolled in that program. Copies of the original affidavit and all supplemental affidavits must be filed with the county assessor, the local zoning administrator, and the Department of Natural Resources, Division of Land and Minerals. A supplemental affidavit must be filed each time a subsequent portion of the property is actively mined, provided that the minimum acreage change is five acres, even if the actual mining activity constitutes less than five acres.

(o) The definitions prescribed by the commissioner under paragraphs (c) and (d) are not rules and are exempt from the rulemaking provisions of chapter 14, and the provisions in section 14.386 concerning exempt rules do not apply.

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

Minnesota Statutes 2010, section 273.13, subdivision 25, is amended to read:

Subd. 25.

Class 4.

(a) Class 4a is residential real estate containing four or more units and used or held for use by the owner or by the tenants or lessees of the owner as a residence for rental periods of 30 days or more, excluding property qualifying for class 4d. Class 4a also includes hospitals licensed under sections 144.50 to 144.56, other than hospitals exempt under section 272.02, and contiguous property used for hospital purposes, without regard to whether the property has been platted or subdivided. The market value of class 4a property has a class rate of 1.25 percent.

(b) Class 4b includes:

(1) residential real estate containing less than four units that does not qualify as class 4bb, other than seasonal residential recreational property;

(2) manufactured homes not classified under any other provision;

(3) a dwelling, garage, and surrounding one acre of property on a nonhomestead farm classified under subdivision 23, paragraph (b) containing two or three units; and

(4) unimproved property that is classified residential as determined under subdivision 33.

The market value of class 4b property has a class rate of 1.25 percent.

(c) Class 4bb includes:

(1) nonhomestead residential real estate containing one unit, other than seasonal residential recreational property; and

(2) a single family dwelling, garage, and surrounding one acre of property on a nonhomestead farm classified under subdivision 23, paragraph (b).

Class 4bb property has the same class rates as class 1a property under subdivision 22.

Property that has been classified as seasonal residential recreational property at any time during which it has been owned by the current owner or spouse of the current owner does not qualify for class 4bb.

(d) Class 4c property includes:

(1) except as provided in subdivision 22, paragraph (c), real and personal property devoted to new text begin commercial new text end temporary and seasonal residential occupancy for recreation purposes, deleted text begin including real and personal property devoted to temporary and seasonal residential occupancy for recreation purposes and not devoted to commercial purposesdeleted text end for new text begin not new text end more than 250 days in the year preceding the year of assessment. For purposes of this clause, property is devoted to a commercial purpose on a specific day if any portion of the property is used for residential occupancy, and a fee is charged for residential occupancy. Class 4c property under this clause must contain three or more rental units. A "rental unit" is defined as a cabin, condominium, townhouse, sleeping room, or individual camping site equipped with water and electrical hookups for recreational vehicles. deleted text begin Class 4c property under this clause must provide recreational activities such as renting ice fishing houses, boats and motors, snowmobiles, downhill or cross-country ski equipment; provide marina services, launch services, or guide services; or sell bait and fishing tackle.deleted text end A camping pad offered for rent by a property that otherwise qualifies for class 4c under this clause is also class 4c under this clause regardless of the term of the rental agreement, as long as the use of the camping pad does not exceed 250 days. In order for a property to be classified deleted text begin as class 4c, seasonal residential recreational for commercial purposesdeleted text end under this clause, new text begin either (i) the business located on the property must provide recreational activities, new text end at least 40 percent of the annual gross lodging receipts related to the property must be from business conducted during 90 consecutive daysnew text begin , new text end and either deleted text begin (i)deleted text end new text begin (A)new text end at least 60 percent of all paid bookings by lodging guests during the year must be for periods of at least two consecutive nights; or deleted text begin (ii)deleted text end new text begin (B)new text end at least 20 percent of the annual gross receipts must be from charges for deleted text begin rental of fish houses, boats and motors, snowmobiles, downhill or cross-country ski equipment, or charges for marina services, launch services, and guide services, or the sale of bait and fishing tackledeleted text end new text begin providing recreational activitiesnew text end new text begin , or (ii) the business must contain 20 or fewer rental units, and must be located in a township or a city with a population of 2,500 or less located outside the metropolitan area, as defined under section 473.121, subdivision 2, that contains a portion of a state trail administered by the Department of Natural Resourcesnew text end . For purposes of deleted text begin this determinationdeleted text end new text begin item (i)(A)new text end , a paid booking of five or more nights shall be counted as two bookings. Class 4c property deleted text begin classified under this clausedeleted text end also includes commercial use real property used exclusively for recreational purposes in conjunction with other class 4c property classified under this clause and devoted to temporary and seasonal residential occupancy for recreational purposes, up to a total of two acres, provided the property is not devoted to commercial recreational use for more than 250 days in the year preceding the year of assessment and is located within two miles of the class 4c property with which it is used. deleted text begin Owners of real and personal property devoted to temporary and seasonal residential occupancy for recreation purposes and all or a portion of which was devoted to commercial purposes for not more than 250 days in the year preceding the year of assessment desiring classification as class 4c,deleted text end new text begin In order for a property to qualify for classification under this clause, the ownernew text end must submit a declaration to the assessor designating the cabins or units occupied for 250 days or less in the year preceding the year of assessment by January 15 of the assessment year. Those cabins or units and a proportionate share of the land on which they are located must be designated class 4c under this clause as otherwise provided. The remainder of the cabins or units and a proportionate share of the land on which they are located will be designated as class 3a. The owner of property desiring designation as class 4c property under this clause must provide guest registers or other records demonstrating that the units for which class 4c designation is sought were not occupied for more than 250 days in the year preceding the assessment if so requested. The portion of a property operated as a (1) restaurant, (2) bar, (3) gift shop, (4) conference center or meeting room, and (5) other nonresidential facility operated on a commercial basis not directly related to temporary and seasonal residential occupancy for recreation purposes does not qualify for class 4cnew text begin . For the purposes of this paragraph, "recreational activities" means renting ice fishing houses, boats and motors, snowmobiles, downhill or cross-country ski equipment; providing marina services, launch services, or guide services; or selling bait and fishing tacklenew text end ;

(2) qualified property used as a golf course if:

(i) it is open to the public on a daily fee basis. It may charge membership fees or dues, but a membership fee may not be required in order to use the property for golfing, and its green fees for golfing must be comparable to green fees typically charged by municipal courses; and

(ii) it meets the requirements of section 273.112, subdivision 3, paragraph (d).

A structure used as a clubhouse, restaurant, or place of refreshment in conjunction with the golf course is classified as class 3a property;

(3) real property up to a maximum of three acres of land owned and used by a nonprofit community service oriented organization and not used for residential purposes on either a temporary or permanent basis, provided that:

(i) the property is not used for a revenue-producing activity for more than six days in the calendar year preceding the year of assessment; or

(ii) the organization makes annual charitable contributions and donations at least equal to the property's previous year's property taxes and the property is allowed to be used for public and community meetings or events for no charge, as appropriate to the size of the facility.

For purposes of this clause,

(A) "charitable contributions and donations" has the same meaning as lawful gambling purposes under section 349.12, subdivision 25, excluding those purposes relating to the payment of taxes, assessments, fees, auditing costs, and utility payments;

(B) "property taxes" excludes the state general tax;

(C) a "nonprofit community service oriented organization" means any corporation, society, association, foundation, or institution organized and operated exclusively for charitable, religious, fraternal, civic, or educational purposes, and which is exempt from federal income taxation pursuant to section 501(c)(3), (8), (10), or (19) of the Internal Revenue Code; and

(D) "revenue-producing activities" shall include but not be limited to property or that portion of the property that is used as an on-sale intoxicating liquor or 3.2 percent malt liquor establishment licensed under chapter 340A, a restaurant open to the public, bowling alley, a retail store, gambling conducted by organizations licensed under chapter 349, an insurance business, or office or other space leased or rented to a lessee who conducts a for-profit enterprise on the premises.

Any portion of the property not qualifying under either item (i) or (ii) is class 3a. The use of the property for social events open exclusively to members and their guests for periods of less than 24 hours, when an admission is not charged nor any revenues are received by the organization shall not be considered a revenue-producing activity.

The organization shall maintain records of its charitable contributions and donations and of public meetings and events held on the property and make them available upon request any time to the assessor to ensure eligibility. An organization meeting the requirement under item (ii) must file an application by May 1 with the assessor for eligibility for the current year's assessment. The commissioner shall prescribe a uniform application form and instructions;

(4) postsecondary student housing of not more than one acre of land that is owned by a nonprofit corporation organized under chapter 317A and is used exclusively by a student cooperative, sorority, or fraternity for on-campus housing or housing located within two miles of the border of a college campus;

(5) (i) manufactured home parks as defined in section 327.14, subdivision 3, excluding manufactured home parks described in section 273.124, subdivision 3a, and (ii) manufactured home parks as defined in section 327.14, subdivision 3, that are described in section 273.124, subdivision 3a;

(6) real property that is actively and exclusively devoted to indoor fitness, health, social, recreational, and related uses, is owned and operated by a not-for-profit corporation, and is located within the metropolitan area as defined in section 473.121, subdivision 2;

(7) a leased or privately owned noncommercial aircraft storage hangar not exempt under section 272.01, subdivision 2, and the land on which it is located, provided that:

(i) the land is on an airport owned or operated by a city, town, county, Metropolitan Airports Commission, or group thereof; and

(ii) the land lease, or any ordinance or signed agreement restricting the use of the leased premise, prohibits commercial activity performed at the hangar.

If a hangar classified under this clause is sold after June 30, 2000, a bill of sale must be filed by the new owner with the assessor of the county where the property is located within 60 days of the sale;

(8) a privately owned noncommercial aircraft storage hangar not exempt under section 272.01, subdivision 2, and the land on which it is located, provided that:

(i) the land abuts a public airport; and

(ii) the owner of the aircraft storage hangar provides the assessor with a signed agreement restricting the use of the premises, prohibiting commercial use or activity performed at the hangar; and

(9) residential real estate, a portion of which is used by the owner for homestead purposes, and that is also a place of lodging, if all of the following criteria are met:

(i) rooms are provided for rent to transient guests that generally stay for periods of 14 or fewer days;

(ii) meals are provided to persons who rent rooms, the cost of which is incorporated in the basic room rate;

(iii) meals are not provided to the general public except for special events on fewer than seven days in the calendar year preceding the year of the assessment; and

(iv) the owner is the operator of the property.

The market value subject to the 4c classification under this clause is limited to five rental units. Any rental units on the property in excess of five, must be valued and assessed as class 3a. The portion of the property used for purposes of a homestead by the owner must be classified as class 1a property under subdivision 22;

(10) real property up to a maximum of three acres and operated as a restaurant as defined under section 157.15, subdivision 12, provided it: (A) is located on a lake as defined under section 103G.005, subdivision 15, paragraph (a), clause (3); and (B) is either devoted to commercial purposes for not more than 250 consecutive days, or receives at least 60 percent of its annual gross receipts from business conducted during four consecutive months. Gross receipts from the sale of alcoholic beverages must be included in determining the property's qualification under subitem (B). The property's primary business must be as a restaurant and not as a bar. Gross receipts from gift shop sales located on the premises must be excluded. Owners of real property desiring 4c classification under this clause must submit an annual declaration to the assessor by February 1 of the current assessment year, based on the property's relevant information for the preceding assessment year; deleted text begin anddeleted text end

(11) lakeshore and riparian property and adjacent land, not to exceed six acres, used as a marina, as defined in section 86A.20, subdivision 5, which is made accessible to the public and devoted to recreational use for marina services. The marina owner must annually provide evidence to the assessor that it provides services, including lake or river access to the public by means of an access ramp or other facility that is either located on the property of the marina or at a publicly owned site that abuts the property of the marina. No more than 800 feet of lakeshore may be included in this classification. Buildings used in conjunction with a marina for marina services, including but not limited to buildings used to provide food and beverage services, fuel, boat repairs, or the sale of bait or fishing tackle, are classified as class 3a propertynew text begin ; andnew text end

new text begin (12) real and personal property devoted to noncommercial temporary and seasonal residential occupancy for recreation purposesnew text end .

Class 4c property has a class rate of 1.5 percent of market value, except that (i) each parcel of new text begin noncommercial new text end seasonal residential recreational property deleted text begin not used for commercial purposesdeleted text end new text begin under clause (12) new text end has the same class rates as class 4bb property, (ii) manufactured home parks assessed under clause (5), item (i), have the same class rate as class 4b property, and the market value of manufactured home parks assessed under clause (5), item (ii), has the same class rate as class 4d property if more than 50 percent of the lots in the park are occupied by shareholders in the cooperative corporation or association and a class rate of one percent if 50 percent or less of the lots are so occupied, (iii) commercial-use seasonal residential recreational property and marina recreational land as described in clause (11), has a class rate of one percent for the first $500,000 of market value, and 1.25 percent for the remaining market value, (iv) the market value of property described in clause (4) has a class rate of one percent, (v) the market value of property described in clauses (2), (6), and (10) has a class rate of 1.25 percent, and (vi) that portion of the market value of property in clause (9) qualifying for class 4c property has a class rate of 1.25 percent.

(e) Class 4d property is qualifying low-income rental housing certified to the assessor by the Housing Finance Agency under section 273.128, subdivision 3. If only a portion of the units in the building qualify as low-income rental housing units as certified under section 273.128, subdivision 3, only the proportion of qualifying units to the total number of units in the building qualify for class 4d. The remaining portion of the building shall be classified by the assessor based upon its use. Class 4d also includes the same proportion of land as the qualifying low-income rental housing units are to the total units in the building. For all properties qualifying as class 4d, the market value determined by the assessor must be based on the normal approach to value using normal unrestricted rents.

Class 4d property has a class rate of 0.75 percent.

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2010, section 273.13, subdivision 34, is amended to read:

Subd. 34.

Homestead of disabled veterannew text begin or family caregivernew text end .

(a) All or a portion of the market value of property owned by a veteran deleted text begin or by the veteran and thedeleted text end new text begin and serving as the new text end veteran's deleted text begin spouse qualifying fordeleted text end homestead deleted text begin classification under subdivision 22 or 23deleted text end new text begin under this sectionnew text end is excluded in determining the property's taxable market value if deleted text begin it serves asdeleted text end the deleted text begin homestead of a militarydeleted text end veterandeleted text begin , as defined in section 197.447, whodeleted text end has a service-connected disability of 70 percent or morenew text begin as certified by the United States Department of Veterans Affairsnew text end . To qualify for exclusion under this subdivision, the veteran must have been honorably discharged from the United States armed forces, as indicated by United States Government Form DD214 or other official military discharge papersdeleted text begin , and must be certified by the United States Veterans Administration as having a service-connected disabilitydeleted text end .

(b)(1) For a disability rating of 70 percent or more, $150,000 of market value is excluded, except as provided in clause (2); and

(2) for a total (100 percent) and permanent disability, $300,000 of market value is excluded.

(c) If a disabled veteran qualifying for a valuation exclusion under paragraph (b), clause (2), predeceases the veteran's spouse, and if upon the death of the veteran the spouse holds the legal or beneficial title to the homestead and permanently resides there, the exclusion shall carry over to the benefit of the veteran's spouse for deleted text begin one additional assessment yeardeleted text end new text begin the current taxes payable year and for five additional taxes payable yearsnew text end or until such time as the spousenew text begin remarries, ornew text end sells, transfers, or otherwise disposes of the property, whichever comes first.new text begin Qualification under this paragraph requires an annual application under paragraph (h).new text end

new text begin (d) If the spouse of a member of any branch or unit of the United States armed forces who dies due to a service-connected cause while serving honorably in active service, as indicated on United States Government Form DD1300 or DD2064, holds the legal or beneficial title to a homestead and permanently resides there, the spouse is entitled to the benefit described in paragraph (b), clause (2), for five taxes payable years, or until such time as the spouse remarries or sells, transfers, or otherwise disposes of the property, whichever comes first. new text end

new text begin (e) If a veteran meets the disability criteria of paragraph (a) but does not own property classified as homestead in the state of Minnesota, then the homestead of the veteran's primary family caregiver, if any, is eligible for the exclusion that the veteran would otherwise qualify for under paragraph (b). new text end

deleted text begin (d)deleted text end new text begin (f)new text end In the case of an agricultural homestead, only the portion of the property consisting of the house and garage and immediately surrounding one acre of land qualifies for the valuation exclusion under this subdivision.

deleted text begin (e)deleted text end new text begin (g)new text end A property qualifying for a valuation exclusion under this subdivision is not eligible for the deleted text begin credit under section 273.1384, subdivision 1deleted text end new text begin market value exclusion under subdivision 35new text end , or classification under subdivision 22, paragraph (b).

deleted text begin (f)deleted text end new text begin (h)new text end To qualify for a valuation exclusion under this subdivision a property owner must apply to the assessor by July 1 of each assessment year, except that an annual reapplication is not required once a property has been accepted for a valuation exclusion under new text begin paragraph (a) and qualifies for the benefit described in new text end paragraph (b), clause (2), and the property continues to qualify until there is a change in ownership.new text begin For an application received after July 1 of any calendar year, the exclusion shall become effective for the following assessment year.new text end

new text begin (i) A first-time application by a qualifying spouse for the market value exclusion under paragraph (d) must be made any time within two years of the death of the service member. new text end

new text begin (j) For purposes of this subdivision: new text end

new text begin (1) "active service" has the meaning given in section 190.05; new text end

new text begin (2) "own" means that the person's name is present as an owner on the property deed; new text end

new text begin (3) "primary family caregiver" means a person who is approved by the secretary of the United States Department of Veterans Affairs for assistance as the primary provider of personal care services for an eligible veteran under the Program of Comprehensive Assistance for Family Caregivers, codified as United States Code, title 38, section 1720G; and new text end

new text begin (4) "veteran" has the meaning given the term in section 197.447. new text end

new text begin (k) The purpose of this provision of law providing a level of homestead property tax relief for gravely disabled veterans, their primary family caregivers, and their surviving spouses is to help ease the burdens of war for those among our state's citizens who bear those burdens most heavily. new text end

new text begin EFFECTIVE DATE. new text end

new text begin (a) This section is effective for taxes payable in 2012 and thereafter, and applies to homesteads that initially qualified for the exclusion for taxes payable in 2009 and thereafter. new text end

new text begin (b) Notwithstanding the deadline contained in paragraph (h), applications for a market value exclusion under paragraph (c) must be received prior to August 16, 2011, to be eligible for an exclusion for taxes payable in 2012. new text end

new text begin (c) A qualifier under paragraph (c) that would have been eligible for a market value exclusion under this section for taxes payable in 2011, if the change under this section had been effective for that year, shall be eligible to receive the benefit of the exclusion for the remaining number of total taxes payable years provided under paragraph (c). new text end

Sec. 9.

Minnesota Statutes 2010, section 275.025, subdivision 3, is amended to read:

Subd. 3.

Seasonal residential recreational tax capacity.

For the purposes of this section, "seasonal residential recreational tax capacity" means the tax capacity of tier III of class 1c under section 273.13, subdivision 22, and all class 4c(1) deleted text begin anddeleted text end new text begin ,new text end 4c(3)(ii)new text begin , and 4c(12)new text end property under section 273.13, subdivision 25, except that the first $76,000 of market value of each noncommercial class deleted text begin 4c(1)deleted text end new text begin 4c(12)new text end property has a tax capacity for this purpose equal to 40 percent of its tax capacity under section 273.13.

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

new text begin [275.761] MAINTENANCE OF EFFORT REQUIREMENTS REDUCED. new text end

new text begin (a) Notwithstanding any law to the contrary and except as provided in paragraphs (b) and (c), the amounts required to be expended under the maintenance of effort requirements for counties under sections 134.34, 245.4835, 256F.10, and 256F.13, are reduced to 90 percent of the amounts required for 2011. new text end

new text begin (b) This section does not permit a county to reduce compliance with maintenance of effort requirements to the extent that the reduction would: new text end

new text begin (1) require the state to expend additional money or incur additional costs; or new text end

new text begin (2) cause a reduction in the receipt by the state or the county of federal funds. new text end

new text begin (c) The commissioner of management and budget may determine the maintenance of effort requirements that are not permitted, in whole or in part, to be reduced under paragraph (b). The commissioner shall publish these determinations on the department's Web site and no county may reduce compliance with a maintenance of effort requirement that the commissioner determines is not subject to reduction. new text end

new text begin (d) Notwithstanding any law to the contrary, the amounts required to be expended under the maintenance of effort requirements for all statutory and home rule charter cities under section 134.34 are reduced to 90 percent of the amounts required for 2011. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for maintenance of effort requirements in 2012 and thereafter. new text end

Sec. 11.

Laws 1995, chapter 264, article 5, section 45, subdivision 1, as amended by Laws 1996, chapter 471, article 7, section 22, Laws 1997, chapter 231, article 10, section 13, Laws 2002, chapter 377, article 7, section 6, Laws 2008, chapter 154, article 9, section 19, and Laws 2010, chapter 216, section 46, is amended to read:

Subdivision 1.

Creation of projects.

(a) An authority may create a housing replacement project under sections 44 to 47, as provided in this section.

(b) For the cities of Crystal, Fridley, Richfield, Columbia Heights, and Brooklyn Park, the authority may designate up to 100 parcels in the city to be included in a housing replacement district over the life of a district or districts. For the cities of St. Paul and Duluth, each authority may designate not more than 200 parcels in the city to be included in a housing replacement district over the life of the district. For the city of Minneapolis, the authority may designate not more than 500 parcels in the city to be included in housing replacement districts over the life of the districts.new text begin The authority may designate up to 200 additional parcels, on a onetime basis, within the area of the city of Minneapolis designated by the Presidential declaration of major disaster FEMA-1990-DR.new text end The only parcels that may be included in a district are (1) vacant sites, (2) parcels containing vacant houses, or (3) parcels containing houses that are structurally substandard, as defined in Minnesota Statutes, section 469.174, subdivision 10.

(c) The city in which the authority is located must pay at least 25 percent of the housing replacement project costs from its general fund, a property tax levy, or other unrestricted money, not including tax increments.

(d) The housing replacement district plan must have as its sole object the acquisition of parcels for the purpose of preparing the site to be sold for market rate housing. As used in this section, "market rate housing" means housing that has a market value that does not exceed 150 percent of the average market value of single-family housing in that municipality.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon local approval and compliance by the city of Minneapolis with Minnesota Statutes, section 645.021, subdivision 3. new text end

Sec. 12.

new text begin CITY OF MINNEAPOLIS; TAX INCREMENT FINANCING. new text end

new text begin (a) Notwithstanding the provisions of Minnesota Statutes, section 469.176 or 469.1763, or any other law to the contrary, a development authority of the city of Minneapolis may spend or contractually commit tax increment revenues, generated from any tax increment district located anywhere within the city, within the area of the city designated by the Presidential declaration of major disaster FEMA-1990-DR within the 36-month period beginning on the date of the declaration of the disaster. new text end

new text begin (b) The authority to spend tax increments under this section is limited to one or more of the following purposes: new text end

new text begin (1) to provide improvements, loans, interest rate subsidies, or assistance in any form to private individuals and businesses to undertake the reconstruction or substantial rehabilitation of residential or commercial buildings and ancillary facilities, damaged as a result of the disaster; and new text end

new text begin (2) to pay or finance costs of the authority relating to the recovery of properties within the disaster area, including, but not limited to, acquisition, demolition, site improvements, and related administrative costs permitted under Minnesota Statutes, section 469.176, subdivision 3. new text end

new text begin (c) Expenditures made under this section are considered to be expenditures for activities within the district. An authority may undertake actions provided in this section only after approval by the city of a written spending plan that specifically authorizes the authority to take the actions. Before approving the spending plan, the city shall hold a public hearing after publishing notice in a newspaper of general circulation in the city at least once, not less than ten days nor more than 30 days prior to the date of the hearing. new text end

new text begin (d) For purposes of this section, "development authority" or "authority" has the meaning given in Minnesota Statutes, section 469.174, subdivision 2, and includes the city of Minneapolis. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon local approval and compliance by the city of Minneapolis with Minnesota Statutes, section 645.021, subdivision 3. new text end

Sec. 13.

new text begin PROPERTY TAX RELIEF FOR HOMES DAMAGED BY MAY 22, 2011 TORNADOES. new text end

new text begin Subdivision 1. new text end

new text begin Abatement authorization. new text end

new text begin Notwithstanding Minnesota Statutes, section 375.192, the county boards of Anoka County and Hennepin County may grant an abatement of net tax for taxes payable in 2011 for homestead property located within the area covered by Presidential Disaster Declaration FEMA-1990-DR or added later by federal government actions, provided that: new text end

new text begin (1) the property was found to have sustained a loss in value under the reassessment required under Minnesota Statutes, section 273.1232; new text end

new text begin (2) the property's loss in value was not of sufficient magnitude to allow it to qualify for the abatement authorized under Minnesota Statutes, section 273.1233; and new text end

new text begin (3) the owner submits a written application to the county assessor within 60 days of the effective date of this act. new text end

new text begin Subd. 2. new text end

new text begin Abatement limit. new text end

new text begin The abatement under this section is subject to the limitation under Minnesota Statutes, section 273.1233, subdivision 2, paragraph (a). new text end

new text begin Subd. 3. new text end

new text begin Refund required if taxes already paid. new text end

new text begin If application is made after payment of all or a portion of the taxes being abated, the portion already paid shall be refunded to the taxpayer by the county treasurer as soon as practical. new text end

new text begin Subd. 4. new text end

new text begin Reimbursement. new text end

new text begin The county auditor shall certify the abatements granted under this section to the commissioner of revenue for reimbursement to each taxing jurisdiction in which the damaged property is located. The commissioner shall make the payments to the taxing jurisdictions containing the property, other than school districts, at the time distributions are made under Minnesota Statutes, section 473H.10, subdivision 3. Reimbursements to school districts shall be made as provided in Minnesota Statutes, section 273.1392. new text end

new text begin Subd. 5. new text end

new text begin Ineligibility for credit in following year. new text end

new text begin Any property which applies for and is granted an abatement for taxes payable in 2011 under this section is not eligible for the credits provided under Minnesota Statutes, sections 273.1234 and 273.1235, for taxes payable in 2012. new text end

new text begin Subd. 6. new text end

new text begin Appropriation. new text end

new text begin The amount necessary to make the payments required under subdivision 4 is appropriated to the commissioner of revenue from the general fund in fiscal year 2012. new text end

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 6

AIDS, CREDITS, PAYMENTS, AND REFUNDS

Section 1.

Minnesota Statutes 2010, section 97A.061, subdivision 1, is amended to read:

Subdivision 1.

Applicability; amount.

(a) The commissioner shall annually make a payment to each county having public hunting areas and game refuges. Money to make the payments is annually appropriated for that purpose from the general fund. Except as provided in paragraph (b), this section does not apply to state trust fund land and other state land not purchased for game refuge or public hunting purposes. Except as provided in paragraph (b), the payment shall be the greatest of:

(1) 35 percent of the gross receipts from all special use permits and leases of land acquired for public hunting and game refuges;

(2) 50 cents per acre on land purchased actually used for public hunting or game refuges; or

(3) three-fourths of one percent of the appraised value of purchased land actually used for public hunting and game refuges.

(b) The payment shall be 50 percent of the dollar amount deleted text begin adjusted for inflationdeleted text end as determined under section 477A.12, subdivision 1, paragraph (a), clause (1), multiplied by the number of acres of land in the county that are owned by another state agency for military purposes and designated as a game refuge under section 97A.085.

(c) The payment must be reduced by the amount paid under subdivision 3 for croplands managed for wild geese.

(d) The appraised value is the purchase price for five years after acquisition. The appraised value shall be determined by the county assessor every five years after acquisition.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for aids payable in calendar year 2011 and thereafter. new text end

Sec. 2.

Minnesota Statutes 2010, section 126C.01, subdivision 3, is amended to read:

Subd. 3.

Referendum market value.

"Referendum market value" means the market value of all taxable property, excluding property classified as class 2, noncommercial 4c(1), or 4c(4) under section 273.13. The portion of class 2a property consisting of the house, garage, and surrounding one acre of land of an agricultural homestead is included in referendum market value. new text begin For the purposes of this subdivision, in the case of class 1a, 1b, or 2a property, "market value" means the value prior to the exclusion under section 273.13, subdivision 35. new text end Any class of property, or any portion of a class of property, that is included in the definition of referendum market value and that has a class rate of less than one percent under section 273.13 shall have a referendum market value equal to its deleted text begin net tax capacitydeleted text end new text begin market value times its class rate,new text end multiplied by 100.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2010, section 273.13, is amended by adding a subdivision to read:

new text begin Subd. 35. new text end

new text begin Homestead market value exclusion. new text end

new text begin (a) Prior to determining a property's net tax capacity under this section, property classified as class 1a or 1b under subdivision 22, and the portion of property classified as class 2a under subdivision 23 consisting of the house, garage, and surrounding one acre of land, shall be eligible for a market value exclusion as determined under paragraph (b). new text end

new text begin (b) For a homestead valued at $76,000 or less, the exclusion is 40 percent of market value. For a homestead valued between $76,000 and $413,800, the exclusion is $30,400 minus nine percent of the valuation over $76,000. For a homestead valued at $413,800 or more, there is no valuation exclusion. The valuation exclusion shall be rounded to the nearest whole dollar, and may not be less than zero. new text end

new text begin (c) Any valuation exclusions or adjustments under section 273.11 shall be applied prior to determining the amount of the valuation exclusion under this subdivision. new text end

new text begin (d) In the case of a property that is classified as part homestead and part nonhomestead, (i) the exclusion shall apply only to the homestead portion of the property, but (ii) if a portion of a property is classified as nonhomestead solely because not all the owners occupy the property, not all the owners have qualifying relatives occupying the property, or solely because not all the spouses of owners occupy the property, the exclusion amount shall be initially computed as if that nonhomestead portion were also in the homestead class and then prorated to the owner-occupant's percentage of ownership. For the purpose of this section, when an owner-occupant's spouse does not occupy the property, the percentage of ownership for the owner-occupant spouse is one-half of the couple's ownership percentage. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2010, section 273.1384, subdivision 3, is amended to read:

Subd. 3.

Credit reimbursements.

The county auditor shall determine the tax reductions allowed under deleted text begin this sectiondeleted text end new text begin subdivision 2new text end within the county for each taxes payable year and shall certify that amount to the commissioner of revenue as a part of the abstracts of tax lists submitted by the county auditors under section 275.29. Any prior year adjustments shall also be certified on the abstracts of tax lists. The commissioner shall review the certifications for accuracy, and may make such changes as are deemed necessary, or return the certification to the county auditor for correction. The deleted text begin creditsdeleted text end new text begin creditnew text end under this section must be used to proportionately reduce the net tax capacity-based property tax payable to each local taxing jurisdiction as provided in section 273.1393.

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2010, section 273.1384, subdivision 4, is amended to read:

Subd. 4.

Payment.

(a) The commissioner of revenue shall reimburse each local taxing jurisdiction, other than school districts, for the tax reductions granted under deleted text begin this sectiondeleted text end new text begin subdivision 2new text end in two equal installments on October 31 and December 26 of the taxes payable year for which the reductions are granted, including in each payment the prior year adjustments certified on the abstracts for that taxes payable year. The reimbursements related to tax increments shall be issued in one installment each year on December 26.

(b) The commissioner of revenue shall certify the total of the tax reductions granted under deleted text begin this sectiondeleted text end new text begin subdivision 2new text end for each taxes payable year within each school district to the commissioner of the Department of Education and the commissioner of education shall pay the reimbursement amounts to each school district as provided in section 273.1392.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2010, section 273.1393, is amended to read:

273.1393 COMPUTATION OF NET PROPERTY TAXES.

Notwithstanding any other provisions to the contrary, "net" property taxes are determined by subtracting the credits in the order listed from the gross tax:

(1) disaster credit as provided in sections 273.1231 to 273.1235;

(2) powerline credit as provided in section 273.42;

(3) agricultural preserves credit as provided in section 473H.10;

(4) enterprise zone credit as provided in section 469.171;

(5) disparity reduction credit;

(6) conservation tax credit as provided in section 273.119;

(7) deleted text begin homestead anddeleted text end agricultural deleted text begin creditsdeleted text end new text begin creditnew text end as provided in section 273.1384;

(8) taconite homestead credit as provided in section 273.135;

(9) supplemental homestead credit as provided in section 273.1391; and

(10) the bovine tuberculosis zone credit, as provided in section 273.113.

The combination of all property tax credits must not exceed the gross tax amount.

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

Minnesota Statutes 2010, section 276.04, subdivision 2, is amended to read:

Subd. 2.

Contents of tax statements.

(a) The treasurer shall provide for the printing of the tax statements. The commissioner of revenue shall prescribe the form of the property tax statement and its contents. The tax statement must not state or imply that property tax credits are paid by the state of Minnesota. The statement must contain a tabulated statement of the dollar amount due to each taxing authority and the amount of the state tax from the parcel of real property for which a particular tax statement is prepared. The dollar amounts attributable to the county, the state tax, the voter approved school tax, the other local school tax, the township or municipality, and the total of the metropolitan special taxing districts as defined in section 275.065, subdivision 3, paragraph (i), must be separately stated. The amounts due all other special taxing districts, if any, may be aggregated except that any levies made by the regional rail authorities in the county of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 398A shall be listed on a separate line directly under the appropriate county's levy. If the county levy under this paragraph includes an amount for a lake improvement district as defined under sections 103B.501 to 103B.581, the amount attributable for that purpose must be separately stated from the remaining county levy amount. In the case of Ramsey County, if the county levy under this paragraph includes an amount for public library service under section 134.07, the amount attributable for that purpose may be separated from the remaining county levy amount. The amount of the tax on homesteads qualifying under the senior citizens' property tax deferral program under chapter 290B is the total amount of property tax before subtraction of the deferred property tax amount. The amount of the tax on contamination value imposed under sections 270.91 to 270.98, if any, must also be separately stated. The dollar amounts, including the dollar amount of any special assessments, may be rounded to the nearest even whole dollar. For purposes of this section whole odd-numbered dollars may be adjusted to the next higher even-numbered dollar. The amount of market value excluded under section 273.11, subdivision 16, if any, must also be listed on the tax statement.

(b) The property tax statements for manufactured homes and sectional structures taxed as personal property shall contain the same information that is required on the tax statements for real property.

(c) Real and personal property tax statements must contain the following information in the order given in this paragraph. The information must contain the current year tax information in the right column with the corresponding information for the previous year in a column on the left:

(1) the property's estimated market value under section 273.11, subdivision 1;

new text begin (2) the property's homestead market value exclusion under section 273.13, subdivision 35; new text end

deleted text begin (2)deleted text end new text begin (3)new text end the property's taxable market value after reductions under deleted text begin sectiondeleted text end new text begin sectionsnew text end 273.11, subdivisions 1a and 16new text begin , and 273.13, subdivision 35new text end ;

deleted text begin (3)deleted text end new text begin (4)new text end the property's gross tax, before credits;

deleted text begin (4)deleted text end new text begin (5)new text end for homestead deleted text begin residential anddeleted text end agricultural properties, the deleted text begin creditsdeleted text end new text begin credit new text end under section 273.1384;

deleted text begin (5)deleted text end new text begin (6)new text end any credits received under sections 273.119; 273.1234 or 273.1235; 273.135; 273.1391; 273.1398, subdivision 4; 469.171; and 473H.10, except that the amount of credit received under section 273.135 must be separately stated and identified as "taconite tax relief"; and

deleted text begin (6)deleted text end new text begin (7)new text end the net tax payable in the manner required in paragraph (a).

(d) If the county uses envelopes for mailing property tax statements and if the county agrees, a taxing district may include a notice with the property tax statement notifying taxpayers when the taxing district will begin its budget deliberations for the current year, and encouraging taxpayers to attend the hearings. If the county allows notices to be included in the envelope containing the property tax statement, and if more than one taxing district relative to a given property decides to include a notice with the tax statement, the county treasurer or auditor must coordinate the process and may combine the information on a single announcement.

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2010, section 290A.03, subdivision 11, is amended to read:

Subd. 11.

Rent constituting property taxes.

"Rent constituting property taxes" means deleted text begin 19deleted text end new text begin 17new text end percent of the gross rent actually paid in cash, or its equivalent, or the portion of rent paid in lieu of property taxes, in any calendar year by a claimant for the right of occupancy of the claimant's Minnesota homestead in the calendar year, and which rent constitutes the basis, in the succeeding calendar year of a claim for relief under this chapter by the claimant.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for claims based on rent paid in 2011 and following years. new text end

Sec. 9.

Minnesota Statutes 2010, section 290A.03, subdivision 13, is amended to read:

Subd. 13.

Property taxes payable.

"Property taxes payable" means the property tax exclusive of special assessments, penalties, and interest payable on a claimant's homestead after deductions made under sections 273.135, 273.1384, 273.1391, 273.42, subdivision 2, and any other state paid property tax credits in any calendar year, and after any refund claimed and allowable under section 290A.04, subdivision 2h, that is first payable in the year that the property tax is payable. In the case of a claimant who makes ground lease payments, "property taxes payable" includes the amount of the payments directly attributable to the property taxes assessed against the parcel on which the house is located. No apportionment or reduction of the "property taxes payable" shall be required for the use of a portion of the claimant's homestead for a business purpose if the claimant does not deduct any business depreciation expenses for the use of a portion of the homestead in the determination of federal adjusted gross income. For homesteads which are manufactured homes as defined in section 273.125, subdivision 8, and for homesteads which are park trailers taxed as manufactured homes under section 168.012, subdivision 9, "property taxes payable" shall also include deleted text begin 19deleted text end new text begin 17new text end percent of the gross rent paid in the preceding year for the site on which the homestead is located. When a homestead is owned by two or more persons as joint tenants or tenants in common, such tenants shall determine between them which tenant may claim the property taxes payable on the homestead. If they are unable to agree, the matter shall be referred to the commissioner of revenue whose decision shall be final. Property taxes are considered payable in the year prescribed by law for payment of the taxes.

In the case of a claim relating to "property taxes payable," the claimant must have owned and occupied the homestead on January 2 of the year in which the tax is payable and (i) the property must have been classified as homestead property pursuant to section 273.124, on or before December 15 of the assessment year to which the "property taxes payable" relate; or (ii) the claimant must provide documentation from the local assessor that application for homestead classification has been made on or before December 15 of the year in which the "property taxes payable" were payable and that the assessor has approved the application.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for claims based on rent paid in 2011 and following years. new text end

Sec. 10.

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

Subd. 2.

Homeowners.

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

deleted text begin Household Income deleted text end deleted text begin Percent of Income deleted text end deleted text begin Percent Paid by
Claimant
deleted text end
deleted text begin Maximum
State
Refund
deleted text end
deleted text begin $0 to 1,189 deleted text end deleted text begin 1.0 percent deleted text end deleted text begin 15 percent deleted text end deleted text begin $ deleted text end deleted text begin 1,850 deleted text end
deleted text begin 1,190 to 2,379 deleted text end deleted text begin 1.1 percent deleted text end deleted text begin 15 percent deleted text end deleted text begin $ deleted text end deleted text begin 1,850 deleted text end
deleted text begin 2,380 to 3,589 deleted text end deleted text begin 1.2 percent deleted text end deleted text begin 15 percent deleted text end deleted text begin $ deleted text end deleted text begin 1,800 deleted text end
deleted text begin 3,590 to 4,789 deleted text end deleted text begin 1.3 percent deleted text end deleted text begin 20 percent deleted text end deleted text begin $ deleted text end deleted text begin 1,800 deleted text end
deleted text begin 4,790 to 5,979 deleted text end deleted text begin 1.4 percent deleted text end deleted text begin 20 percent deleted text end deleted text begin $ deleted text end deleted text begin 1,730 deleted text end
deleted text begin 5,980 to 8,369 deleted text end deleted text begin 1.5 percent deleted text end deleted text begin 20 percent deleted text end deleted text begin $ deleted text end deleted text begin 1,730 deleted text end
deleted text begin 8,370 to 9,559 deleted text end deleted text begin 1.6 percent deleted text end deleted text begin 25 percent deleted text end deleted text begin $ deleted text end deleted text begin 1,670 deleted text end
deleted text begin 9,560 to 10,759 deleted text end deleted text begin 1.7 percent deleted text end deleted text begin 25 percent deleted text end deleted text begin $ deleted text end deleted text begin 1,670 deleted text end
deleted text begin 10,760 to 11,949 deleted text end deleted text begin 1.8 percent deleted text end deleted text begin 25 percent deleted text end deleted text begin $ deleted text end deleted text begin 1,610 deleted text end
deleted text begin 11,950 to 13,139 deleted text end deleted text begin 1.9 percent deleted text end deleted text begin 30 percent deleted text end deleted text begin $ deleted text end deleted text begin 1,610 deleted text end
deleted text begin 13,140 to 14,349 deleted text end deleted text begin 2.0 percent deleted text end deleted text begin 30 percent deleted text end deleted text begin $ deleted text end deleted text begin 1,540 deleted text end
deleted text begin 14,350 to 16,739 deleted text end deleted text begin 2.1 percent deleted text end deleted text begin 30 percent deleted text end deleted text begin $ deleted text end deleted text begin 1,540 deleted text end
deleted text begin 16,740 to 17,929 deleted text end deleted text begin 2.2 percent deleted text end deleted text begin 35 percent deleted text end deleted text begin $ deleted text end deleted text begin 1,480 deleted text end
deleted text begin 17,930 to 19,119 deleted text end deleted text begin 2.3 percent deleted text end deleted text begin 35 percent deleted text end deleted text begin $ deleted text end deleted text begin 1,480 deleted text end
deleted text begin 19,120 to 20,319 deleted text end deleted text begin 2.4 percent deleted text end deleted text begin 35 percent deleted text end deleted text begin $ deleted text end deleted text begin 1,420 deleted text end
deleted text begin 20,320 to 25,099 deleted text end deleted text begin 2.5 percent deleted text end deleted text begin 40 percent deleted text end deleted text begin $ deleted text end deleted text begin 1,420 deleted text end
deleted text begin 25,100 to 28,679 deleted text end deleted text begin 2.6 percent deleted text end deleted text begin 40 percent deleted text end deleted text begin $ deleted text end deleted text begin 1,360 deleted text end
deleted text begin 28,680 to 35,849 deleted text end deleted text begin 2.7 percent deleted text end deleted text begin 40 percent deleted text end deleted text begin $ deleted text end deleted text begin 1,360 deleted text end
deleted text begin 35,850 to 41,819 deleted text end deleted text begin 2.8 percent deleted text end deleted text begin 45 percent deleted text end deleted text begin $ deleted text end deleted text begin 1,240 deleted text end
deleted text begin 41,820 to 47,799 deleted text end deleted text begin 3.0 percent deleted text end deleted text begin 45 percent deleted text end deleted text begin $ deleted text end deleted text begin 1,240 deleted text end
deleted text begin 47,800 to 53,779 deleted text end deleted text begin 3.2 percent deleted text end deleted text begin 45 percent deleted text end deleted text begin $ deleted text end deleted text begin 1,110 deleted text end
deleted text begin 53,780 to 59,749 deleted text end deleted text begin 3.5 percent deleted text end deleted text begin 50 percent deleted text end deleted text begin $ deleted text end deleted text begin 990 deleted text end
deleted text begin 59,750 to 65,729 deleted text end deleted text begin 3.5 percent deleted text end deleted text begin 50 percent deleted text end deleted text begin $ deleted text end deleted text begin 870 deleted text end
deleted text begin 65,730 to 69,319 deleted text end deleted text begin 3.5 percent deleted text end deleted text begin 50 percent deleted text end deleted text begin $ deleted text end deleted text begin 740 deleted text end
deleted text begin 69,320 to 71,719 deleted text end deleted text begin 3.5 percent deleted text end deleted text begin 50 percent deleted text end deleted text begin $ deleted text end deleted text begin 610 deleted text end
deleted text begin 71,720 to 74,619 deleted text end deleted text begin 3.5 percent deleted text end deleted text begin 50 percent deleted text end deleted text begin $ deleted text end deleted text begin 500 deleted text end
deleted text begin 74,620 to 77,519 deleted text end deleted text begin 3.5 percent deleted text end deleted text begin 50 percent deleted text end deleted text begin $ deleted text end deleted text begin 370 deleted text end
new text begin Household Income new text end new text begin Percent of Income new text end new text begin Percent Paid by
Claimant
new text end
new text begin Maximum
State
Refund
new text end
new text begin $0 to 1,549 new text end new text begin 1.0 percent new text end new text begin 15 percent new text end new text begin $ new text end new text begin 2,460 new text end
new text begin 1,550 to 3,089 new text end new text begin 1.1 percent new text end new text begin 15 percent new text end new text begin $ new text end new text begin 2,460 new text end
new text begin 3,090 to 4,669 new text end new text begin 1.2 percent new text end new text begin 15 percent new text end new text begin $ new text end new text begin 2,460 new text end
new text begin 4,670 to 6,229 new text end new text begin 1.3 percent new text end new text begin 20 percent new text end new text begin $ new text end new text begin 2,460 new text end
new text begin 6,230 to 7,769 new text end new text begin 1.4 percent new text end new text begin 20 percent new text end new text begin $ new text end new text begin 2,460 new text end
new text begin 7,770 to 10,879 new text end new text begin 1.5 percent new text end new text begin 20 percent new text end new text begin $ new text end new text begin 2,460 new text end
new text begin 10,880 to 12,429 new text end new text begin 1.6 percent new text end new text begin 20 percent new text end new text begin $ new text end new text begin 2,460 new text end
new text begin 12,430 to 13,989 new text end new text begin 1.7 percent new text end new text begin 20 percent new text end new text begin $ new text end new text begin 2,460 new text end
new text begin 13,990 to 15,539 new text end new text begin 1.8 percent new text end new text begin 20 percent new text end new text begin $ new text end new text begin 2,460 new text end
new text begin 15,540 to 17,079 new text end new text begin 1.9 percent new text end new text begin 25 percent new text end new text begin $ new text end new text begin 2,460 new text end
new text begin 17,080 to 18,659 new text end new text begin 2.0 percent new text end new text begin 25 percent new text end new text begin $ new text end new text begin 2,460 new text end
new text begin 18,660 to 21,759 new text end new text begin 2.1 percent new text end new text begin 25 percent new text end new text begin $ new text end new text begin 2,460 new text end
new text begin 21,760 to 23,309 new text end new text begin 2.2 percent new text end new text begin 30 percent new text end new text begin $ new text end new text begin 2,460 new text end
new text begin 23,310 to 24,859 new text end new text begin 2.3 percent new text end new text begin 30 percent new text end new text begin $ new text end new text begin 2,460 new text end
new text begin 24,860 to 26,419 new text end new text begin 2.4 percent new text end new text begin 30 percent new text end new text begin $ new text end new text begin 2,460 new text end
new text begin 26,420 to 32,629 new text end new text begin 2.5 percent new text end new text begin 35 percent new text end new text begin $ new text end new text begin 2,460 new text end
new text begin 32,630 to 37,279 new text end new text begin 2.6 percent new text end new text begin 35 percent new text end new text begin $ new text end new text begin 2,460 new text end
new text begin 37,280 to 46,609 new text end new text begin 2.7 percent new text end new text begin 35 percent new text end new text begin $ new text end new text begin 2,000 new text end
new text begin 46,610 to 54,369 new text end new text begin 2.8 percent new text end new text begin 35 percent new text end new text begin $ new text end new text begin 2,000 new text end
new text begin 54,370 to 62,139 new text end new text begin 2.8 percent new text end new text begin 40 percent new text end new text begin $ new text end new text begin 1,750 new text end
new text begin 62,140 to 69,909 new text end new text begin 3.0 percent new text end new text begin 40 percent new text end new text begin $ new text end new text begin 1,440 new text end
new text begin 69,910 to 77,679 new text end new text begin 3.0 percent new text end new text begin 40 percent new text end new text begin $ new text end new text begin 1,290 new text end
new text begin 77,680 to 85,449 new text end new text begin 3.0 percent new text end new text begin 40 percent new text end new text begin $ new text end new text begin 1,130 new text end
new text begin 85,450 to 90,119 new text end new text begin 3.5 percent new text end new text begin 45 percent new text end new text begin $ new text end new text begin 960 new text end
new text begin 90,120 to 93,239 new text end new text begin 3.5 percent new text end new text begin 45 percent new text end new text begin $ new text end new text begin 790 new text end
new text begin 93,240 to 97,009 new text end new text begin 3.5 percent new text end new text begin 50 percent new text end new text begin $ new text end new text begin 650 new text end
new text begin 97,010 to 100,779 new text end new text begin 3.5 percent new text end new text begin 50 percent new text end new text begin $ new text end new text begin 480 new text end

The payment made to a claimant shall be the amount of the state refund calculated under this subdivision. No payment is allowed if the claimant's household income is deleted text begin $77,520deleted text end new text begin $100,780new text end or more.

new text begin EFFECTIVE DATE. new text end

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

Sec. 11.

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

Subd. 4.

Inflation adjustment.

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 12.

Minnesota Statutes 2010, section 290C.07, is amended to read:

290C.07 CALCULATION OF INCENTIVE PAYMENT.

new text begin (a) new text end An approved claimant under the sustainable forest incentive program is eligible to receive an annual payment. The payment shall equal deleted text begin the greater of:deleted text end

deleted text begin (1) the difference between the property tax that would be paid on the land using the deleted text end deleted text begin previous year's statewide average total township tax rate and a class rate of one percent, if deleted text end deleted text begin the land were valued at (i) the average statewide managed forest land market value per deleted text end deleted text begin acre calculated under section deleted text end deleted text begin , and (ii) the average statewide managed forest land deleted text end deleted text begin current use value per acre calculated under section deleted text end deleted text begin 290C.02, subdivision 5 deleted text end deleted text begin ; or deleted text end

deleted text begin (2) two-thirds of the property tax amount determined by using the previous year's deleted text end deleted text begin statewide average total township tax rate, the estimated market value per acre as calculated deleted text end deleted text begin in section deleted text end deleted text begin , and a class rate of one percent, provided that the payment shall be no deleted text end deleted text begin less thandeleted text end $7 per acre for each acre enrolled in the sustainable forest incentive program.

new text begin (b) The annual payment for each Social Security number or state or federal business tax identification number must not exceed $100,000. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning for payments in calendar year 2011. A claimant whose calendar year 2011 payment is limited by paragraph (b) or whose calendar year 2010 payment was limited by Laws 2010, First Special Session chapter 1, article 13, section 4, subdivision 3, may elect, through December 31, 2011, to terminate participation in the sustainable forest incentive program and to terminate its covenant under the program without regard to the limitations under Minnesota Statutes, section 290C.055. The commissioner of revenue shall issue a document to each claimant so electing releasing the land from the covenant as provided in Minnesota Statutes, section 290C.04, paragraph (c), effective retroactive to the date of the election, provided that if the claimant certified to the commissioner under Minnesota Statutes, section 290C.05, its participation in the program for calendar year 2011, the release is effective on December 31, 2011. new text end

Sec. 13.

new text begin [373.51] ALTERNATIVE PROCESS FOR CONSOLIDATION. new text end

new text begin Notwithstanding the provisions relating to petitions in sections 371.02 and 371.03, two or more counties may begin the process for consolidation by filing with the secretary of state a resolution unanimously adopted by the board of each affected county to seek voter approval for consolidation of the counties following the procedures in chapter 371. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 14.

Minnesota Statutes 2010, section 477A.011, subdivision 20, is amended to read:

Subd. 20.

City net tax capacity.

"City net tax capacity" means (1) the net tax capacity computed using the net tax capacity rates in section 273.13 for taxes payable in the year of the aid distribution, and the market valuesnew text begin , after the exclusion in section 273.13, subdivision 35,new text end for taxes payable in the year prior to the aid distribution plus (2) a city's fiscal disparities distribution tax capacity under section 276A.06, subdivision 2, paragraph (b), or 473F.08, subdivision 2, paragraph (b), for taxes payable in the year prior to that for which aids are being calculated. The market value utilized in computing city net tax capacity shall be reduced by the sum of (1) a city's market value of commercial industrial property as defined in section 276A.01, subdivision 3, or 473F.02, subdivision 3, multiplied by the ratio determined pursuant to section 276A.06, subdivision 2, paragraph (a), or 473F.08, subdivision 2, paragraph (a), (2) the market value of the captured value of tax increment financing districts as defined in section 469.177, subdivision 2, and (3) the market value of transmission lines deducted from a city's total net tax capacity under section 273.425. The city net tax capacity will be computed using equalized market values.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for aids payable in calendar year 2013 and thereafter. new text end

Sec. 15.

Minnesota Statutes 2010, section 477A.0124, is amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Aid payments in 2011 and 2012. new text end

new text begin Notwithstanding total aids calculated or certified for 2011 under subdivisions 3, 4, and 5, for 2011 and 2012, each county shall receive an aid distribution under this section equal to the lesser of (1) the total amount of aid it received under this section in 2010 after the reductions under sections 477A.0133 and 477A.0134, or (2) the total amount the county is certified to receive in 2011 under subdivisions 3 to 5. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for aids payable in calendar year 2011 and 2012. new text end

Sec. 16.

Minnesota Statutes 2010, section 477A.013, subdivision 9, is amended to read:

Subd. 9.

City aid distribution.

(a) In calendar year 2009 and thereafter, each city shall receive an aid distribution equal to the sum of (1) the city formula aid under subdivision 8, and (2) its city aid base.

(b) For aids payable in deleted text begin 2011deleted text end new text begin 2013new text end only, the total aid in the previous year for any city shall mean the amount of aid it was certified to receive for aids payable in deleted text begin 2010deleted text end new text begin 2012new text end under this section deleted text begin minus the amount of its aid reduction under sectiondeleted text end deleted text begin 477A.0134deleted text end . For aids payable in deleted text begin 2012deleted text end new text begin 2014new text end and thereafter, the total aid in the previous year for any city means the amount of aid it was certified to receive under this section in the previous payable year.

(c) For aids payable in 2010 and thereafter, the total aid for any city shall not exceed the sum of (1) ten percent of the city's net levy for the year prior to the aid distribution plus (2) its total aid in the previous year. For aids payable in 2009 and thereafter, the total aid for any city with a population of 2,500 or more may not be less than its total aid under this section in the previous year minus the lesser of $10 multiplied by its population, or ten percent of its net levy in the year prior to the aid distribution.

(d) For aids payable in 2010 and thereafter, the total aid for a city with a population less than 2,500 must not be less than the amount it was certified to receive in the previous year minus the lesser of $10 multiplied by its population, or five percent of its 2003 certified aid amount. For aids payable in 2009 only, the total aid for a city with a population less than 2,500 must not be less than what it received under this section in the previous year unless its total aid in calendar year 2008 was aid under section 477A.011, subdivision 36, paragraph (s), in which case its minimum aid is zero.

(e) A city's aid loss under this section may not exceed $300,000 in any year in which the total city aid appropriation under section 477A.03, subdivision 2a, is equal or greater than the appropriation under that subdivision in the previous year, unless the city has an adjustment in its city net tax capacity under the process described in section 469.174, subdivision 28.

(f) If a city's net tax capacity used in calculating aid under this section has decreased in any year by more than 25 percent from its net tax capacity in the previous year due to property becoming tax-exempt Indian land, the city's maximum allowed aid increase under paragraph (c) shall be increased by an amount equal to (1) the city's tax rate in the year of the aid calculation, multiplied by (2) the amount of its net tax capacity decrease resulting from the property becoming tax exempt.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for aids payable in calendar year 2013 and thereafter. new text end

Sec. 17.

Minnesota Statutes 2010, section 477A.013, is amended by adding a subdivision to read:

new text begin Subd. 11. new text end

new text begin Aid payments in 2011 and 2012. new text end

new text begin Notwithstanding aids calculated or certified for 2011 under subdivision 9, for 2011 and 2012, each city shall receive an aid distribution under this section equal to the lesser of (1) the total amount of aid it received under this section in 2010 after the reductions under sections 477A.0133 and 477A.0134, and reduced by the amount of payments made under section 477A.011, subdivision 36, paragraphs (y) and (z), or (2) the amount it was certified to receive in 2011 under subdivision 9. In 2011 only, a city that qualifies for the aid base adjustment under section 477A.011, subdivision 36, paragraph (aa), shall receive the amount that it was certified to receive in 2011. In 2012, a city that qualifies for the aid base adjustment under section 477A.011, subdivision 36, paragraph (aa), shall receive the amount that it was certified to receive in 2011, minus the aid base adjustment provided under section 477A.011, subdivision 36, paragraph (aa). new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for aids payable in calendar years 2011 and 2012. new text end

Sec. 18.

Minnesota Statutes 2010, section 477A.03, is amended to read:

477A.03 APPROPRIATION.

Subd. 2.

Annual appropriation.

A sum sufficient to discharge the duties imposed by sections 477A.011 to 477A.014 is annually appropriated from the general fund to the commissioner of revenue.

Subd. 2a.

Cities.

For aids payable in deleted text begin 2011deleted text end new text begin 2013new text end and thereafter, the total aid paid under section 477A.013, subdivision 9, is deleted text begin $527,100,646deleted text end new text begin $426,438,012new text end .

Subd. 2b.

Counties.

(a) For aids payable in deleted text begin 2011deleted text end new text begin 2013new text end and thereafter, the total aid payable under section 477A.0124, subdivision 3, is deleted text begin $96,395,000deleted text end new text begin $80,795,000new text end . Each calendar year, $500,000 shall be retained by the commissioner of revenue to make reimbursements to the commissioner of management and budget for payments made under section 611.27. For calendar year 2004, the amount shall be in addition to the payments authorized under section 477A.0124, subdivision 1. For calendar year 2005 and subsequent years, the amount shall be deducted from the appropriation under this paragraph. The reimbursements shall be to defray the additional costs associated with court-ordered counsel under section 611.27. Any retained amounts not used for reimbursement in a year shall be included in the next distribution of county need aid that is certified to the county auditors for the purpose of property tax reduction for the next taxes payable year.

(b) For aids payable in deleted text begin 2011deleted text end new text begin 2013new text end and thereafter, the total aid under section 477A.0124, subdivision 4, is deleted text begin $101,309,575deleted text end new text begin $84,909,575new text end . The commissioner of management and budget shall bill the commissioner of revenue for the cost of preparation of local impact notes as required by section 3.987, not to exceed $207,000 in fiscal year 2004 and thereafter. The commissioner of education shall bill the commissioner of revenue for the cost of preparation of local impact notes for school districts as required by section 3.987, not to exceed $7,000 in fiscal year 2004 and thereafter. The commissioner of revenue shall deduct the amounts billed under this paragraph from the appropriation under this paragraph. The amounts deducted are appropriated to the commissioner of management and budget and the commissioner of education for the preparation of local impact notes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for aids payable in calendar year 2012 and thereafter. new text end

Sec. 19.

Minnesota Statutes 2010, section 477A.11, subdivision 1, is amended to read:

Subdivision 1.

Terms.

For the purpose of sections 477A.11 to deleted text begin 477A.145deleted text end new text begin 477A.14new text end , the terms defined in this section have the meanings given them.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for aids payable in calendar year 2011 and thereafter. new text end

Sec. 20.

Minnesota Statutes 2010, section 477A.12, subdivision 1, is amended to read:

Subdivision 1.

Types of land; payments.

(a) As an offset for expenses incurred by counties and towns in support of natural resources lands, the following amounts are annually appropriated to the commissioner of natural resources from the general fund for transfer to the commissioner of revenue. The commissioner of revenue shall pay the transferred funds to counties as required by sections 477A.11 to deleted text begin 477A.145deleted text end new text begin 477A.14new text end . The amounts are:

(1) for acquired natural resources land, deleted text begin $3, as adjusted for inflation under section 477A.145,deleted text end new text begin $5.133new text end multiplied by the total number of acres of acquired natural resources land or, at the county's option three-fourths of one percent of the appraised value of all acquired natural resources land in the county, whichever is greater;

(2) deleted text begin 75 cents, as adjusted for inflation under section 477A.145,deleted text end new text begin $1.283new text end multiplied by the number of acres of county-administered other natural resources land;

(3) deleted text begin 75 cents, as adjusted for inflation under section 477A.145,deleted text end new text begin $1.283new text end multiplied by the total number of acres of land utilization project land; and

(4) deleted text begin 37.5deleted text end new text begin 64.2new text end centsdeleted text begin , as adjusted for inflation under section 477A.145,deleted text end multiplied by the number of acres of commissioner-administered other natural resources land located in each county as of July 1 of each year prior to the payment year.

(b) The amount determined under paragraph (a), clause (1), is payable for land that is acquired from a private owner and owned by the Department of Transportation for the purpose of replacing wetland losses caused by transportation projects, but only if the county contains more than 500 acres of such land at the time the certification is made under subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for aids payable in calendar year 2011 and thereafter. new text end

Sec. 21.

Minnesota Statutes 2010, section 477A.14, subdivision 1, is amended to read:

Subdivision 1.

General distribution.

Except as provided in subdivision 2 or in section 97A.061, subdivision 5, 40 percent of the total payment to the county shall be deposited in the county general revenue fund to be used to provide property tax levy reduction. The remainder shall be distributed by the county in the following priority:

(a) deleted text begin 37.5deleted text end new text begin 64.2new text end centsdeleted text begin , as adjusted for inflation under section 477A.145,deleted text end for each acre of county-administered other natural resources land shall be deposited in a resource development fund to be created within the county treasury for use in resource development, forest management, game and fish habitat improvement, and recreational development and maintenance of county-administered other natural resources land. Any county receiving less than $5,000 annually for the resource development fund may elect to deposit that amount in the county general revenue fund;

(b) From the funds remaining, within 30 days of receipt of the payment to the county, the county treasurer shall pay each organized township deleted text begin 30deleted text end new text begin 51.3new text end centsdeleted text begin , as adjusted for inflation under section 477A.145,deleted text end for each acre of acquired natural resources land and each acre of land described in section 477A.12, subdivision 1, paragraph (b), and deleted text begin 7.5deleted text end new text begin 12.8new text end centsdeleted text begin , as adjusted for inflation under section 477A.145,deleted text end for each acre of other natural resources land and each acre of land utilization project land located within its boundaries. Payments for natural resources lands not located in an organized township shall be deposited in the county general revenue fund. Payments to counties and townships pursuant to this paragraph shall be used to provide property tax levy reduction, except that of the payments for natural resources lands not located in an organized township, the county may allocate the amount determined to be necessary for maintenance of roads in unorganized townships. Provided that, if the total payment to the county pursuant to section 477A.12 is not sufficient to fully fund the distribution provided for in this clause, the amount available shall be distributed to each township and the county general revenue fund on a pro rata basis; and

(c) Any remaining funds shall be deposited in the county general revenue fund. Provided that, if the distribution to the county general revenue fund exceeds $35,000, the excess shall be used to provide property tax levy reduction.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for aids payable in calendar year 2011 and thereafter. new text end

Sec. 22.

Laws 2010, First Special Session chapter 1, article 13, section 4, subdivision 1, is amended to read:

Subdivision 1.

Political contribution credit.

Notwithstanding the provisions of Minnesota Statutes, section 290.06, subdivision 23, or any other law to the contrary, the political contribution refund does not apply to contributions made after June 30, 2009, and before July 1, deleted text begin 2011deleted text end new text begin 2013new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2011. new text end

Sec. 23.

new text begin CREDIT REDUCTIONS AND LIMITATION; COUNTIES AND CITIES. new text end

new text begin In 2011, the market value credit reimbursement payment to each county and city authorized under Minnesota Statutes, section 273.1384, subdivision 4, may not exceed the reimbursement payment received by the county or city for taxes payable in 2010. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for credit reimbursements in 2011. new text end

Sec. 24.

new text begin PROPERTY TAX STATEMENT FOR TAXES PAYABLE IN 2012 ONLY. new text end

new text begin For the purposes of the property tax statements required under Minnesota Statutes, section 276.04, subdivision 2, for taxes payable in 2012 only, the gross tax amount shown for the previous year is the gross tax minus the residential homestead market value credit. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes payable in 2012 only. new text end

Sec. 25.

new text begin DELAY IN CERTAIN JULY STATE PAYMENTS TO LOCAL GOVERNMENTS. new text end

new text begin Notwithstanding any law to the contrary, the commissioner of revenue shall not make July 20, 2011, payments under Minnesota Statutes, section 477A.015, until July 27, 2011. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon final enactment and applies to the July 20, 2011, payments. new text end

Sec. 26.

new text begin SUSTAINABLE FOREST INCENTIVE ACT REDUCTION; PURPOSE STATEMENT; TRANSITION PROVISIONS. new text end

new text begin (a) Given the limits on state budgetary resources for the current and future fiscal biennia, the projected cost of the sustainable forest resource management incentive program under Minnesota Statutes, chapter 290C, of over $31,000,000 for the fiscal 2012 and 2013 biennium, and the modest amount of tangible public benefits of that program, the legislature determines that it is prudent and necessary to reduce that program effective immediately to help balance the state budget for the fiscal 2012 and 2013 biennium and to help provide permanent structural balance to the state budget. The legislature takes notice of and finds that many of the eligibility requirements for participants in the sustainable forest incentive program are in the participants' own financial interests, determined without regard to whether they receive state payments for doing so, and that the participants with the largest amounts of acreage in the program do follow and would likely continue to follow similar or more stringent management practices, regardless of whether the program exists. new text end

new text begin (b) Land enrolled in the sustainable forest incentive program on May 1, 2011, for which the owner elects to terminate its enrollment before September 1, 2011, under the effective date provision of section 12, may be reclassified as class 2(c) managed forest land for taxes payable in 2012 if the owner applies to the assessor for the reclassification before September 1, 2011, notwithstanding the application date in Minnesota Statutes, section 273.13, subdivision 23, paragraph (d). new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 27.

new text begin REPEALER. new text end

new text begin (a) new text end new text begin Minnesota Statutes 2010, sections 275.295; and 477A.145, new text end new text begin are repealed. new text end

new text begin (b) new text end new text begin Minnesota Statutes 2010, section 273.1384, subdivisions 1 and 6, new text end new text begin are repealed. new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a) is effective for aids payable in 2012 and thereafter. Paragraph (b) is effective for taxes payable in 2012 and thereafter. new text end

ARTICLE 7

MINERALS

Section 1.

Minnesota Statutes 2010, section 272.02, is amended by adding a subdivision to read:

new text begin Subd. 97. new text end

new text begin Property used in business of mining subject to net proceeds tax. new text end

new text begin The following property used in the business of mining that is subject to the net proceeds tax under section 298.015 is exempt: new text end

new text begin (1) deposits of ores, metals, and minerals and the lands in which they are contained; new text end

new text begin (2) all real and personal property used in mining, quarrying, producing, or refining ores, minerals, or metals, including lands occupied by or used in connection with the mining, quarrying, production, or ore refining facilities; and new text end

new text begin (3) concentrate or direct reduced ore. new text end

new text begin This exemption applies for each year that a person subject to tax under section 298.015 uses the property for mining, quarrying, producing, or refining ores, metals, or minerals. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2010, section 290.05, subdivision 1, is amended to read:

Subdivision 1.

Exempt entities.

The following corporations, individuals, estates, trusts, and organizations shall be exempted from taxation under this chapter, provided that every such person or corporation claiming exemption under this chapter, in whole or in part, must establish to the satisfaction of the commissioner the taxable status of any income or activity:

(a) corporations, individuals, estates, and trusts engaged in the business of mining or producing iron ore and new text begin mining, producing, or refining new text end other oresnew text begin , metals, and minerals,new text end the mining deleted text begin ordeleted text end new text begin ,new text end productionnew text begin , or refiningnew text end of which is subject to the occupation tax imposed by section 298.01; but if any such corporation, individual, estate, or trust engages in any other business or activity or has income from any property not used in such business it shall be subject to this tax computed on the net income from such property or such other business or activity. Royalty shall not be considered as income from the business of mining or producing iron ore within the meaning of this section;

(b) the United States of America, the state of Minnesota or any political subdivision of either agencies or instrumentalities, whether engaged in the discharge of governmental or proprietary functions; and

(c) any insurance company.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after December 31, 2010. new text end

Sec. 3.

Minnesota Statutes 2010, section 298.001, is amended by adding a subdivision to read:

new text begin Subd. 10. new text end

new text begin Refining. new text end

new text begin "Refining" means and is limited to refining: new text end

new text begin (1) of ores, metals, or mineral products, the mining, extraction, or quarrying of which were subject to tax under section 298.015; and new text end

new text begin (2) carried out by the entity, or an affiliated entity, that mined, extracted, or quarried the metal or mineral products. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after December 31, 2010. new text end

Sec. 4.

Minnesota Statutes 2010, section 298.01, subdivision 3, is amended to read:

Subd. 3.

Occupation tax; other ores.

Every person engaged in the business of miningnew text begin , refining,new text end or producing oresnew text begin , metals, or mineralsnew text end in this state, except iron ore or taconite concentrates, shall pay an occupation tax to the state of Minnesota as provided in this subdivision. new text begin For purposes of this subdivision, mining includes the application of hydrometallurgical processes. new text end The tax is determined in the same manner as the tax imposed by section 290.02, except that sections 290.05, subdivision 1, clause (a), 290.17, subdivision 4, and 290.191, subdivision 2, do not apply, and the occupation tax must be computed by applying to taxable income the rate of 2.45 percent. A person subject to occupation tax under this section shall apportion its net income on the basis of the percentage obtained by taking the sum of:

(1) 75 percent of the percentage which the sales made within this state in connection with the trade or business during the tax period are of the total sales wherever made in connection with the trade or business during the tax period;

(2) 12.5 percent of the percentage which the total tangible property used by the taxpayer in this state in connection with the trade or business during the tax period is of the total tangible property, wherever located, used by the taxpayer in connection with the trade or business during the tax period; and

(3) 12.5 percent of the percentage which the taxpayer's total payrolls paid or incurred in this state or paid in respect to labor performed in this state in connection with the trade or business during the tax period are of the taxpayer's total payrolls paid or incurred in connection with the trade or business during the tax period.

The tax is in addition to all other taxes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after December 31, 2010. new text end

Sec. 5.

Minnesota Statutes 2010, section 298.01, subdivision 3a, is amended to read:

Subd. 3a.

Gross income.

(a) For purposes of determining a person's taxable income under subdivision 3, gross income is determined by the amount of gross proceeds from mining in this state under section 298.016 and includes any gain or loss recognized from the sale or disposition of assets used in the business in this state. If more than one new text begin ore, new text end mineral, new text begin or new text end metaldeleted text begin , or energy resourcedeleted text end referred to in section 298.016 is mined and processed at the same mine and plant, a gross income for each new text begin ore, new text end mineral, new text begin or new text end metaldeleted text begin , or energy resourcedeleted text end must be determined separately. The gross incomes may be combined on one occupation tax return to arrive at the gross income of all production.

(b) In applying section 290.191, subdivision 5, transfers of oresnew text begin , metals, or minerals that are subject to tax under this chapternew text end are deemed to be sales in this state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after December 31, 2010. new text end

Sec. 6.

Minnesota Statutes 2010, section 298.015, subdivision 1, is amended to read:

Subdivision 1.

Tax imposed.

A person engaged in the business of mining shall pay to the state of Minnesota for distribution as provided in section 298.018 a net proceeds tax equal to two percent of the net proceeds from mining in Minnesota. The tax applies to all deleted text begin mineral and energy resourcesdeleted text end new text begin ores, metals, and mineralsnew text end mined deleted text begin ordeleted text end new text begin ,new text end extractednew text begin , produced, or refinednew text end within the state of Minnesota except for sand, silica sand, gravel, building stone, crushed rock, limestone, granite, dimension granite, dimension stone, horticultural peat, clay, soil, iron ore, and taconite concentrates. The tax is in addition to all other taxes provided for by law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after December 31, 2010. new text end

Sec. 7.

Minnesota Statutes 2010, section 298.015, subdivision 2, is amended to read:

Subd. 2.

Net proceeds.

For purposes of this section, the term "net proceeds" means the gross proceeds from mining, as defined in section 298.016, less the deductions deleted text begin allowed in section 298.017deleted text end new text begin for purposes of determining taxable income under section 298.01, subdivision 3b, applied to the mining, production, processing, beneficiation, smelting, or refining of metal or mineral productsnew text end . No other credits or deductions shall apply to this tax deleted text begin except for those provided in section 298.017deleted text end .

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2010, section 298.016, subdivision 4, is amended to read:

Subd. 4.

deleted text begin Definitionsdeleted text end new text begin Metal or mineral products; definitionnew text end .

For the purposes of deleted text begin sections 298.015 and 298.017deleted text end new text begin this sectionnew text end , deleted text begin the terms defined in this subdivision have the meaning given them unless the context clearly indicates otherwise. deleted text end

deleted text begin (a)deleted text end "metal or mineral products" means all those deleted text begin mineral and energy resourcesdeleted text end new text begin ores, metals, and mineralsnew text end subject to the tax provided in section 298.015.

deleted text begin (b) "Exploration" means activities designed and engaged in to ascertain the existence, location, extent, or quality of any deposit of metal or mineral products prior to the development of a mining site. deleted text end

deleted text begin (c) "Development" means activities designed and engaged in to prepare or develop a potential mining site for mining after the existence of metal or mineral products in commercially marketable quantities has been disclosed including, but not limited to, the clearing of forestation, the building of roads, removal of overburden, or the sinking of shafts. deleted text end

deleted text begin (d) "Research" means activities designed and engaged in to create new or improved methods of mining, producing, processing, beneficiating, smelting, or refining metal or mineral products. deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after December 31, 2010. new text end

Sec. 9.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2010, section 298.017, new text end new text begin is repealed. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after December 31, 2010. new text end

ARTICLE 8

INSURANCE TAXES

Section 1.

Minnesota Statutes 2010, section 297I.01, is amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Affiliated group. new text end

new text begin "Affiliated group" means a group that includes the insured and any entity, or group of entities, that controls, is controlled by, or is under common control with the insured. An entity has control over another entity when: (1) the entity directly or indirectly or acting through one or more other persons owns, controls, or has the power to vote 25 percent or more of any class of voting securities of the other entity; or (2) the entity controls in any manner the election of a majority of the directors or trustees of the other entity. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for nonadmitted insurance policies that go into effect after July 20, 2011. new text end

Sec. 2.

Minnesota Statutes 2010, section 297I.01, subdivision 9, is amended to read:

Subd. 9.

Gross premiums.

"Gross premiums" means total premiums paid by policyholders and applicants of policies, whether received in the form of money or other valuable consideration, on property, persons, lives, interests and other risks located, resident, or to be performed in this state, but excluding consideration and premiums for reinsurance assumed from other insurance companies.

(a) "Gross premiums" includes the total consideration paid to bail bond agents for bail bonds.

(b) For title insurance companies, "gross premiums" means the charge for title insurance made by a title insurance company or its agents according to the company's rate filing approved by the commissioner of commerce without a deduction for commissions paid to or retained by the agent. Gross premiums of a title insurance company does not include any other charge or fee for abstracting, searching, or examining the title, or escrow, closing, or other related services.

(c) "Gross premiums" includes any workers' compensation special compensation fund premium surcharge pursuant to section 176.129.

(d) "Gross premiums" for deleted text begin surplus linesdeleted text end new text begin nonadmitted new text end insurance includes deleted text begin all related charges, commissions, and fees received by the licenseedeleted text end new text begin any payment made as consideration for an insurance contract for such insurance, including premium deposits, assessments, fees, and any other compensation given in consideration for a contract of insurancenew text end . Gross premiums does not include the stamping fee, as provided under section 60A.2085, subdivision 7, nor the operating assessment, as provided under section 60A.208, subdivision 8.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for nonadmitted insurance policies that go into effect after July 20, 2011. new text end

Sec. 3.

Minnesota Statutes 2010, section 297I.01, is amended by adding a subdivision to read:

new text begin Subd. 10a. new text end

new text begin Home state. new text end

new text begin "Home state" means the state in which an insured maintains its principal place of business, or in the case of an individual, the individual's principal residence; or if 100 percent of the insured risk is located out of the state, the state to which the greatest percentage of the insured's taxable premium for that insurance contract is allocated. If more than one insured from an affiliated group are named insureds on a single nonadmitted insurance contract, the term home state means the home state of the member of the affiliated group that has the largest percentage of premium attributed to it under that insurance contract. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for nonadmitted insurance policies that go into effect after July 20, 2011. new text end

Sec. 4.

Minnesota Statutes 2010, section 297I.01, is amended by adding a subdivision to read:

new text begin Subd. 10b. new text end

new text begin Independently procured insurance. new text end

new text begin "Independently procured insurance" means insurance procured directly by an insured from a nonadmitted insurer. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for nonadmitted insurance policies that go into effect after July 20, 2011. new text end

Sec. 5.

Minnesota Statutes 2010, section 297I.01, is amended by adding a subdivision to read:

new text begin Subd. 10c. new text end

new text begin Nonadmitted insurance. new text end

new text begin "Nonadmitted insurance" means any property and casualty insurance permitted to be placed directly or through a surplus lines broker with a nonadmitted insurer. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for nonadmitted insurance policies that go into effect after July 20, 2011. new text end

Sec. 6.

Minnesota Statutes 2010, section 297I.01, is amended by adding a subdivision to read:

new text begin Subd. 10d. new text end

new text begin Nonadmitted insurance premium tax. new text end

new text begin "Nonadmitted insurance premium tax" means, with respect to surplus lines or independently procured insurance coverage, any tax, fee, assessment, or other charge imposed directly or indirectly by a government entity. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for nonadmitted insurance policies that go into effect after July 20, 2011. new text end

Sec. 7.

Minnesota Statutes 2010, section 297I.01, is amended by adding a subdivision to read:

new text begin Subd. 10e. new text end

new text begin Nonadmitted insurer. new text end

new text begin "Nonadmitted insurer" means an insurer not licensed to engage in the business of insurance in Minnesota, but does not include a risk retention group as the term is defined in section 2(a)(4) of the Liability Risk Retention Act of 1986, United States Code, title 15, section 3901(a)(4). new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for nonadmitted insurance policies that go into effect after July 20, 2011. new text end

Sec. 8.

Minnesota Statutes 2010, section 297I.01, is amended by adding a subdivision to read:

new text begin Subd. 15a. new text end

new text begin Surplus lines broker. new text end

new text begin "Surplus lines broker" means an individual, firm, or corporation which is licensed in a state to sell, solicit, or negotiate insurance on properties, risks, or exposures located or to be performed in a state with nonadmitted insurers. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for nonadmitted insurance policies that go into effect after July 20, 2011. new text end

Sec. 9.

Minnesota Statutes 2010, section 297I.01, subdivision 16, is amended to read:

Subd. 16.

Taxpayer.

"Taxpayer" means any insurance company, association, surplus lines deleted text begin licenseedeleted text end new text begin brokernew text end , automobile risk self-insurer, or insured or any other person or entity required to pay any amount due under this chapter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for nonadmitted insurance policies that go into effect after July 20, 2011. new text end

Sec. 10.

Minnesota Statutes 2010, section 297I.05, subdivision 7, is amended to read:

Subd. 7.

deleted text begin Surplus linesdeleted text end new text begin Nonadmitted insurance premiumnew text end tax.

(a) A tax is imposed on surplus lines deleted text begin licenseesdeleted text end new text begin brokersnew text end . The rate of tax is equal to three percent of the gross premiums less return premiumsnew text begin paid by an insured whose home state is Minnesotanew text end .

(b) deleted text begin If surplus lines insurance placed by a surplus lines licensee and taxed under this subdivision covers a subject of insurance residing, located, or to be performed outside this state, a proper pro rata portion of the entire premium payable for all of that insurance must be allocated according to the subjects of insurance residing, located, or to be performed in this state.deleted text end new text begin A tax is imposed on persons, firms, or corporations that procure insurance directly from a nonadmitted insurer. The rate of tax is equal to two percent of the gross premiums less return premiums paid by an insured whose home state is Minnesota.new text end

new text begin (c) No state other than the home state of an insured may require any premium tax payment for nonadmitted insurance. When Minnesota is the home state of the insured, as provided under section 297I.01, 100 percent of the gross premiums are taxable in Minnesota with no allocation of the tax to other states. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for nonadmitted insurance policies that go into effect after July 20, 2011. new text end

Sec. 11.

Minnesota Statutes 2010, section 297I.05, subdivision 12, is amended to read:

Subd. 12.

Other entities.

(a) A tax is imposed equal to two percent of:

(1) gross premiums less return premiums written for risks resident or located in Minnesota by a risk retention group;

(2) gross premiums less return premiums received by an attorney in fact acting in accordance with chapter 71A;

(3) gross premiums less return premiums received pursuant to assigned risk policies and contracts of coverage under chapter 79;

(4) the direct funded premium received by the reinsurance association under section 79.34 from self-insurers approved under section 176.181 and political subdivisions that self-insure; and

(5) gross premiums less return premiums paid to an insurer other than a licensed insurance company or a surplus lines deleted text begin licenseedeleted text end new text begin brokernew text end for coverage of risks resident or located in Minnesota by a purchasing group or any members of the purchasing group to a broker or agent for the purchasing group.

(b) A tax is imposed on a joint self-insurance plan operating under chapter 60F. The rate of tax is equal to two percent of the total amount of claims paid during the fund year, with no deduction for claims wholly or partially reimbursed through stop-loss insurance.

(c) A tax is imposed on a joint self-insurance plan operating under chapter 62H. The rate of tax is equal to two percent of the total amount of claims paid during the fund's fiscal year, with no deduction for claims wholly or partially reimbursed through stop-loss insurance.

(d) A tax is imposed equal to the tax imposed under section 297I.05, subdivision 5, on the gross premiums less return premiums on all coverages received by an accountable provider network or agents of an accountable provider network in Minnesota, in cash or otherwise, during the year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for nonadmitted insurance policies that go into effect after July 20, 2011. new text end

Sec. 12.

Minnesota Statutes 2010, section 297I.30, subdivision 1, is amended to read:

Subdivision 1.

General rule.

On or before March 1, every taxpayer subject to taxation under section 297I.05, subdivisions 1 to 5, deleted text begin 9, 10deleted text end new text begin 7, paragraph (b)new text end , 12, paragraphs (a), clauses (1) to (4), (b), (c), and (d), and 14, shall file an annual return for the preceding calendar year in the form prescribed by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for nonadmitted insurance policies that go into effect after July 20, 2011. new text end

Sec. 13.

Minnesota Statutes 2010, section 297I.30, subdivision 2, is amended to read:

Subd. 2.

Surplus lines deleted text begin licenseesdeleted text end new text begin brokersnew text end and purchasing groups.

On or before February 15 and August 15 of each year, every surplus lines deleted text begin licenseedeleted text end new text begin brokernew text end subject to taxation under section 297I.05, subdivision 7,new text begin paragraph (a),new text end and every purchasing group or member of a purchasing group subject to tax under section 297I.05, subdivision 12, paragraph (a), clause (5), shall file a return with the commissioner for the preceding six-month period ending December 31, or June 30, in the form prescribed by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for nonadmitted insurance policies that go into effect after July 20, 2011. new text end

Sec. 14.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2010, section 297I.05, subdivisions 9 and 10, new text end new text begin are repealed. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for nonadmitted insurance policies that go into effect after July 20, 2011. new text end

ARTICLE 9

SCIENCE AND TECHNOLOGY PROGRAM

Section 1.

new text begin [116W.25] CITATION. new text end

new text begin Sections 116W.26 to 116W.34 may be cited as the "Minnesota science and technology program." new text end

Sec. 2.

new text begin [116W.26] DEFINITIONS. new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For the purposes of sections 116W.26 to 116W.34, the terms in this section have the meanings given them. new text end

new text begin Subd. 2. new text end

new text begin Authority. new text end

new text begin "Authority" means the Minnesota Science and Technology Authority established under this chapter. new text end

new text begin Subd. 3. new text end

new text begin College or university. new text end

new text begin "College or university" means an institution of postsecondary education, public or private, that grants undergraduate or postgraduate academic degrees, conducts significant research or development activities in the areas of science and technology. new text end

new text begin Subd. 4. new text end

new text begin Commercialization. new text end

new text begin "Commercialization" means any of the full spectrum of activities required for a new technology, product, or process to be developed from its basic research of conceptual stage through applied research or development to the marketplace including, without limitation, the steps leading up to and including licensure, sales, and services. new text end

new text begin Subd. 5. new text end

new text begin Commercialized research project. new text end

new text begin "Commercialized research project" means research conducted within a college or university or nonprofit research institution or by a qualified science and technology company that has shown advanced commercial potential through license agreements, patents, or other forms of invention disclosure, and by which a qualified science and technology company has been or is being currently formed. new text end

new text begin Subd. 6. new text end

new text begin Fund. new text end

new text begin "Fund" means the Minnesota science and technology fund. new text end

new text begin Subd. 7. new text end

new text begin Nonprofit research institution. new text end

new text begin "Nonprofit research institution" means an entity with its principle place of business in Minnesota, that qualifies under section 501(c) of the Internal Revenue Code, and that conducts significant research or development activities in this state in the areas of science and technology. new text end

new text begin Subd. 8. new text end

new text begin Program. new text end

new text begin "Program" means the Minnesota science and technology program. new text end

new text begin Subd. 9. new text end

new text begin Qualified science and technology company. new text end

new text begin "Qualified science and technology company" means a corporation, limited liability company, S corporation, partnership, limited liability partnership, or sole proprietorship with fewer than 100 employees that is engaged in research, development, or production of science or technology in this state including, without limitation, research, development, or production directed toward developing or providing science and technology products, processes, or services for specific commercial or public purposes. new text end

Sec. 3.

new text begin [116W.27] MINNESOTA SCIENCE AND TECHNOLOGY FUND. new text end

new text begin A Minnesota science and technology fund is created in the state treasury. The fund is a direct-appropriated special revenue fund. Money of the authority must be paid to the commissioner of management and budget as agent of the authority and the commissioner shall not commingle the money with other money. The money in the fund must be paid out only on warrants drawn by the commissioner of management and budget on requisition of the executive director of the authority or designee. new text end

Sec. 4.

new text begin [116W.28] MINNESOTA SCIENCE AND TECHNOLOGY FUND; AUTHORIZED USES. new text end

new text begin The Minnesota science and technology fund may be used for the following to: new text end

new text begin (1) establish the commercialized research program authorized under section 116W.29; new text end

new text begin (2) establish the federal research and development support program under section 116W.30; new text end

new text begin (3) establish the industry technology and competitiveness program under section 116W.31; and new text end

new text begin (4) carry out the powers of the authority authorized under sections 116W.04 and 116W.32 that are in support of the programs in clauses (1) to (3). new text end

Sec. 5.

new text begin [116W.29] COMMERCIALIZED RESEARCH PROGRAM. new text end

new text begin (a) The authority may establish a commercialized research program. The purpose of the program is to accelerate the commercialization of science and technology products, processes, or services from colleges or universities, nonprofit research institutions or qualified science and technology companies that lead to an increase in science and technology businesses and jobs. The program shall: new text end

new text begin (1) provide science and technology gap funding of up to $250,000 per science and technology research project to assist in the commercialization and transfer of science and technology research projects from a college or university or nonprofit research institution to a qualified science and technology company; and new text end

new text begin (2) provide funding of up to $250,000 for early stage development for qualified science and technology companies to conduct commercialized research projects. new text end

new text begin (b) All activities under the commercialized research program must require: new text end

new text begin (1) written criteria set by the authority for the application, award, and use of the funds; new text end

new text begin (2) matching funds by the participating qualified science and technology company, college or university, or nonprofit research institution; new text end

new text begin (3) no more than 15 percent of the funds awarded by the authority may be used for overhead costs; and new text end

new text begin (4) a report by the participating qualified science and technology company, college or university, or nonprofit research institution that provides documentation of the use of funds and outcomes of the award. The report must be submitted to the authority within one calendar year of the date of the award. new text end

Sec. 6.

new text begin [116W.30] FEDERAL RESEARCH AND DEVELOPMENT SUPPORT PROGRAM. new text end

new text begin The authority may establish a federal research and development support program. The purpose of the program is to increase and coordinate efforts to procure federal funding for research projects of primary benefit to qualified science and technology companies, colleges or universities, and nonprofit research institutions. The program shall: new text end

new text begin (1) develop and execute a strategy to identify specific federal agencies and programs that support the growth of science and technology industries in this state; and new text end

new text begin (2) provide grants to qualified science and technology companies: new text end

new text begin (i) to assist in the development of federal Small Business Innovation (SBIR) or Small Business Technology Transfer (STTR) proposals; and new text end

new text begin (ii) to match funds received through SBIR or STTR awards. No more than $1,500,000 may be awarded in a year for matching grants under this clause. new text end

Sec. 7.

new text begin [116W.31] INDUSTRY INNOVATION AND COMPETITIVENESS PROGRAM. new text end

new text begin (a) The authority may establish an industry technology and competitiveness program. The purpose of the program is to advance the technological capacity and competitiveness of existing and emerging science and technology industries. The program shall: new text end

new text begin (1) provide matching funds to programs and organizations that assist entrepreneurs in starting and growing qualified science and technology companies including, but not limited to, matching funds for mentoring programs, consulting and technical services, and related activities; new text end

new text begin (2) fund initiatives that retain engineering, science, technology, and mathematical occupations in the state including, but not limited to, internships, mentoring, and support of industry and professional organizations; and new text end

new text begin (3) fund initiatives that support the growth of targeted industry clusters and the competitiveness of existing qualified science and technology companies in developing and marketing new products and services. new text end

new text begin (b) All activities under the industry innovation and competitiveness program shall require: new text end

new text begin (i) written criteria set by the authority for the application, award, and use of the funds; new text end

new text begin (ii) matching funds by the participating qualified science and technology company, college or university, or nonprofit research institution; and new text end

new text begin (iii) a report by the participating qualified science and technology company, college or university, or nonprofit research institution providing documentation on the use of the funds and outcomes of the award. The report must be submitted to the authority within one calendar year from the date of the award. new text end

Sec. 8.

new text begin [116W.32] MINNESOTA SCIENCE AND TECHNOLOGY AUTHORITY; POWERS UNDER FUND. new text end

new text begin Subdivision 1. new text end

new text begin General powers. new text end

new text begin The authority shall have all of the powers necessary to carry out the purposes and provisions of sections 116W.26 to 116W.34, including, but not limited to, those provided under section 116W.04 and the following: new text end

new text begin (1) The authority may make awards in the forms of grants or loans, and charge and receive a reasonable interest for the loans, or take an equity position in form of stock, a convertible note, or other securities in consideration of an award. Interests, revenues, or other proceeds received as a result of a transaction authorized by use of this fund shall be deposited to the corpus of the fund and used in the same manner as the corpus of the fund. new text end

new text begin (2) In awarding money from the fund, priority shall be given to proposals from qualified science and technology companies that have demonstrable economic benefit to the state in terms of the formation of a new private sector business entity, the creation of jobs, or the attraction of federal and private funding. new text end

new text begin (3) In awarding money from the fund, priority shall be given to proposals from colleges or universities and nonprofit research institutions that: new text end

new text begin (i) promote collaboration between any combination of colleges or universities, nonprofit research institutions, and private industry; new text end

new text begin (ii) enhance existing research superiority by attracting new research entities, research talent, or resources to the state; and new text end

new text begin (iii) create new research superiority that attracts significant researchers and resources from outside the state. new text end

new text begin (4) Subject to the limits in this clause, money within the fund may be used for reasonable administrative expenses by the authority including staffing and direct operational expenses, and professional fees for accounting, legal, and other technical services required to carry out the intent of the program and administration of the fund. Administrative expenses may not exceed five percent of the first $5,000,000 in the fund and two percent of any amount in excess of $5,000,000. new text end

new text begin (5) Before making an award, the authority shall enter into a written agreement with the entity receiving the award that specifies the uses of the award. new text end

new text begin (6) If the award recipient has not used the award received for the purposes intended, as of the date provided in the agreement, the recipient shall repay that amount and any interest applicable under the agreement to the authority. All repayments must be deposited to the corpus of the fund. new text end

new text begin Subd. 2. new text end

new text begin Rules. new text end

new text begin The authority may adopt rules to implement the programs authorized under sections 116W.29 to 116W.31. new text end

Sec. 9.

new text begin [116W.33] REPAYMENT. new text end

new text begin An entity must repay all or a portion of the amount of any award, grant, loan, or financial assistance of any type paid by the authority under sections 116W.29 to 116W.32 if the entity relocates outside the state or ceases operation in Minnesota within four years from the date the authority provided the financial award. If the entity relocates outside of this state or ceases operation in Minnesota within three years of the financial award, the entity must repay 100 percent of the award. If the entity relocates or ceases operation in Minnesota after a period of three years but before four years from the date of the financial award, the entity must repay 75 percent of the financial award. new text end

Sec. 10.

new text begin [116W.34] EXPIRATION. new text end

new text begin Sections 116W.26 to 116W.33 expire on the expiration date of the authority under section 116W.03, subdivision 7. Any unused money in the fund shall be deposited in the general fund. new text end

Sec. 11.

new text begin APPROPRIATION. new text end

new text begin Except as otherwise provided by law, $500,000 is appropriated to the Minnesota science and technology fund for fiscal year 2012 and any unspent money carries over to fiscal year 2013. Notwithstanding section 116W.32, subdivision 1, clause (4), up to $107,000 of the appropriation may be used for administrative expenses of the authority. This is a onetime appropriation and is not added to the authority's base budget. new text end

Sec. 12.

new text begin EFFECTIVE DATE. new text end

new text begin Sections 1 to 11 are effective the day following final enactment. new text end

ARTICLE 10

MISCELLANEOUS

Section 1.

Minnesota Statutes 2010, section 270C.13, subdivision 1, is amended to read:

Subdivision 1.

Biennial report.

The commissioner shall report to the legislature by March 1 of each odd-numbered year on the overall incidence of the income tax, sales and excise taxes, and property tax. The report shall present information on the distribution of the tax burden as follows: (1) for the overall income distribution, using a systemwide incidence measure such as the Suits index or other appropriate measures of equality and inequality; (2) by income classes, including at a minimum deciles of the income distribution; and (3) by other appropriate taxpayer characteristics.new text begin The report must also include information on the distribution of the burden of federal taxes borne by Minnesota residents.new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning with the report due in March 2013. new text end

Sec. 2.

new text begin BUDGET RESERVE REDUCTION. new text end

new text begin Retroactive to July 1, 2011, the commissioner of management and budget shall cancel $8,665,000 of the balance in the budget reserve account in Minnesota Statutes, section 16A.152, to the general fund. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

new text begin CASH FLOW ACCOUNT REDUCTION. new text end

new text begin Retroactive to July 1, 2011, the commissioner of management and budget shall cancel $171,000,000 of the balance in the cash flow account in Minnesota Statutes, section 16A.152, to the general fund. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

new text begin APPROPRIATION. new text end

new text begin $15,000 in fiscal year 2012 and $15,000 in fiscal year 2013 are appropriated from the general fund to the commissioner of revenue for the change in the tax incidence report in section 1. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

new text begin APPROPRIATION; DISASTER RELIEF. new text end

new text begin Subdivision 1. new text end

new text begin Disaster match appropriation. new text end

new text begin (a) $9,000,000 is appropriated from the general fund for fiscal year 2012 to the commissioner of public safety to provide the state and local match for Federal Emergency Management Agency disaster assistance to state agencies and political subdivisions under Minnesota Statutes, section 12.221, for disaster recovery work in: new text end

new text begin (1) the area designated by Presidential Declaration of Major Disaster FEMA-1982-DR, for the flooding in Minnesota in the spring of 2011, whether included in the original declaration or added by later federal government action; new text end

new text begin (2) the area designated by the Presidential Declaration of Major Disaster FEMA-1990-DR, for the tornado in Hennepin and Anoka Counties on May 22, 2011, whether included in the original declaration or added by later federal government action; or new text end

new text begin (3) the area affected by the severe storms and tornadoes on or about July 1, 2011, whether included in the original declaration or added by later federal government action. new text end

new text begin (b) This is a onetime appropriation. The appropriation under this subdivision does not lapse, notwithstanding the provisions of Minnesota Statutes, section 16A.28. new text end

new text begin Subd. 2. new text end

new text begin Reserved funds. new text end

new text begin Of the appropriation in subdivision 1, $5,000,000 is reserved for disaster recovery activities within the area designated as DR-1982, for spring 2011 flooding in Minnesota. new text end

new text begin Subd. 3. new text end

new text begin Transfer of previous appropriation. new text end

new text begin Any unexpended portion of the appropriation in Laws 2010, Second Special Session chapter 1, article 1, section 11, may be transferred by the commissioner of management and budget to the commissioner of public safety for the purposes of subdivision 1. Amounts transferred under this subdivision are available to the commissioner of public safety until June 30, 2013. Any amounts remaining unexpended and unencumbered on that date lapse to the general fund. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

new text begin MODIFICATION TO POWERS RESULTING FROM TEMPORARY STATE SHUTDOWN. new text end

new text begin (a) Any statute of limitation that limits the ability of a person to file a claim for refund, appeal, or other document with the commissioner of revenue is tolled until 30 days after the end of a Department of Revenue shutdown if the commissioner determines that the shutdown contributed to that person being unable to file the claim for refund, appeal, or other document within the applicable period of limitation. new text end

new text begin (b) Any action required to be taken by the commissioner of revenue after June 30, 2011, and before 30 days after the date of final enactment of this section, is considered timely if the commissioner failed to take the action in a timely manner as a result of the budget-related shutdown of the Department of Revenue and the action is taken by the commissioner within 30 days after the date of final enactment of this section. This section does not, however, extend any statute of limitations concerning the assessment of tax. new text end

new text begin (c)(1) If the commissioner of revenue determines that the state shutdown has made it impractical for property tax administrators to take an action or make a determination in 2011 by the date specified in law, the commissioner may by order either eliminate the mandatory nature of the action or determination, or allow more time for it to be done, provided that the commissioner also determines that taxpayers will not be significantly prejudiced by the elimination or delay. new text end

new text begin (2) An appeal may not be taken from an order of the commissioner made in the exercise of a discretionary authority granted in this paragraph. This paragraph does not limit or modify the provisions of law that govern appeals of the local property taxes that are affected by an order made under the authority of this section, including but not limited to Minnesota Statutes, section 278.01. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. Paragraph (a) is effective only to periods of limitation that otherwise expire or expired after June 30, 2011, and before 30 days after the date of final enactment of this section. new text end

Sec. 7.

new text begin PURPOSE STATEMENTS; TAX EXPENDITURES. new text end

new text begin Subdivision 1. new text end

new text begin Authority. new text end

new text begin This section is intended to fulfill the requirement under Minnesota Statutes, section 3.192, that a bill creating, renewing, or continuing a tax expenditure provide a purpose for the tax expenditure and a standard or goal against which its effectiveness may be measured. new text end

new text begin Subd. 2. new text end

new text begin Estate tax exclusion for qualified farm and small business property. new text end

new text begin The provisions of article 1, sections 3 through 8, providing an estate tax subtraction of the combined value of qualified farm property and qualified small business property up to $4,000,000 from the federal adjusted taxable estate, are intended to provide estate tax reductions to owner-operators of family farms and small businesses to allow retention and continued operation of those farms and businesses by the families. new text end

new text begin Subd. 3. new text end

new text begin Federal update. new text end

new text begin The provisions of article 2, conforming Minnesota individual income, corporate franchise, and estate taxes to changes in federal law, are intended to simplify compliance with and administration of those taxes. new text end

new text begin Subd. 4. new text end

new text begin Sales tax exemption for ring tones. new text end

new text begin The provisions of article 3, section 1, exempting ring tones from sales taxation are intended (1) to bring the state of Minnesota into compliance with the requirements of the streamlined sales tax agreement and (2) to simplify the tax and to make compliance with the sales tax by remote sellers easier to encourage congress to enact federal legislation allowing state and local governments to require remote sellers to collect use tax on behalf of the state and its local governments. new text end

new text begin Subd. 5. new text end

new text begin Minerals processing equipment. new text end

new text begin The provisions of article 3, section 6, extending the sales tax exemption for certain equipment used in processing of minerals is intended to provide sales tax treatment for the nonferrous mining industry equivalent to that provided to the taconite mining industry. Because these purchases are intermediate inputs to production, the legislature does not consider this allowance to be a tax expenditure. new text end

new text begin Subd. 6. new text end

new text begin Sales tax exemption for resold admission tickets. new text end

new text begin The provisions of article 3, section 8, providing an exemption for resold admission tickets by allowing resale ticket sellers to claim a refund or provide a credit to the purchaser of resold tickets for the value of sales tax paid on the original ticket, is intended to reduce the competitive advantage of ticket resellers that do not have nexus in Minnesota requiring them to collect Minnesota sales tax and to ensure that resold admission tickets are subject to sales tax only on the full, final retail price of the tickets. As a result, the legislature does not consider this to be a tax expenditure. new text end

new text begin Subd. 7. new text end

new text begin Sales tax exemption for sales to townships. new text end

new text begin The provisions of article 3, sections 10 and 11, exempting goods and services purchased by townships, is intended to provide state assistance for the functions of Minnesota townships not exempted under current law. new text end

new text begin Subd. 8. new text end

new text begin Sales tax exemption; water purchases. new text end

new text begin The provisions of article 3, section 11, exempting water purchases by fire departments, fire protection districts, and fire companies is intended to provide state assistance for this public safety function of Minnesota local governments. new text end

new text begin Subd. 9. new text end

new text begin Emergency vehicles. new text end

new text begin The provisions of article 3, section 12, extending the sales tax exemption for lease of ambulances to other emergency vehicles are intended to clarify the exemption and to provide consistent treatment of emergency vehicles. The underlying purpose of the exemption is to provide state assistance to local governments and other organizations that provide emergency response services. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

new text begin EFFECTIVE DATE; RELATIONSHIP TO OTHER APPROPRIATIONS. new text end

new text begin Unless otherwise specified, this act is effective retroactively from July 1, 2011, and supersedes and replaces funding authorized by order of the Second Judicial District Court in Case No. 62-CV-11-5203. new text end

ARTICLE 11

TOBACCO BONDS

Section 1.

Minnesota Statutes 2010, section 16A.151, subdivision 2, is amended to read:

Subd. 2.

Exceptions.

(a) If a state official litigates or settles a matter on behalf of specific injured persons or entities, this section does not prohibit distribution of money to the specific injured persons or entities on whose behalf the litigation or settlement efforts were initiated. If money recovered on behalf of injured persons or entities cannot reasonably be distributed to those persons or entities because they cannot readily be located or identified or because the cost of distributing the money would outweigh the benefit to the persons or entities, the money must be paid into the general fund.

(b) Money recovered on behalf of a fund in the state treasury other than the general fund may be deposited in that fund.

(c) This section does not prohibit a state official from distributing money to a person or entity other than the state in litigation or potential litigation in which the state is a defendant or potential defendant.

(d) State agencies may accept funds as directed by a federal court for any restitution or monetary penalty under United States Code, title 18, section 3663(a)(3) or United States Code, title 18, section 3663A(a)(3). Funds received must be deposited in a special revenue account and are appropriated to the commissioner of the agency for the purpose as directed by the federal court.

new text begin (e) Tobacco settlement revenues as defined in section 16A.98, subdivision 1, paragraph (t), may be deposited as provided in section 16A.98, subdivision 12. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

new text begin [16A.97] TOBACCO BONDS. new text end

new text begin The commissioner may sell and issue debt under either or both of sections 16A.98 and 16A.99, but the net proceeds of bonds issued and sold under those sections together must not exceed $640,000,000 during fiscal years 2012 and 2013. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

new text begin [16A.98] TOBACCO SECURITIZATION BONDS. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions in this subdivision apply to this section. new text end

new text begin (a) "Authority" means the Tobacco Securitization Authority created and established under subdivision 3. new text end

new text begin (b) "Authorized officer" means any of the members of the authority identified and described in subdivision 3. new text end

new text begin (c) "Bond" means any instrument evidencing the obligation to pay money authorized or issued by the authority as provided by this section, including without limitation, bonds, notes, or certificates. new text end

new text begin (d) "Bondholder" means, in the case of a bond issued in registered form, the registered owner of the bond and otherwise, the owner of the bond. new text end

new text begin (e) "Commissioner" means the commissioner of management and budget. new text end

new text begin (f) "Consent judgment" means the consent judgment, as the same has been and may be corrected, amended, or modified, in the action styled as The State of Minnesota, By Hubert Humphrey, III, Its attorney general, and Blue Cross and Blue Shield of Minnesota v. Philip Morris Incorporated, et al., No. C1-94-8565 (Minnesota District Court, Second Judicial District, May 8, 1998). new text end

new text begin (g) "General tobacco subaccount" means the account established by the authority within the tobacco settlement recovery account established under subdivision 12 for the net proceeds of bonds. new text end

new text begin (h) "Settlement agreement" means the settlement agreement and stipulation for entry of consent judgment, dated May 8, 1998, between the State of Minnesota, By Hubert Humphrey, III, Its attorney general, and Blue Cross and Blue Shield of Minnesota, on the one hand, and Philip Morris Incorporated, et al., on the other hand, and the subject of the consent judgment. new text end

new text begin (i) "Net proceeds of bonds" means the gross proceeds of the sale of bonds issued under subdivision 5, less any amounts applied or to be applied to pay transaction and administrative expenses, including underwriting discount, to pay capitalized interest and to fund any reserves deemed necessary or appropriate by the authority, but does not include any investment earnings realized thereon. new text end

new text begin (j) "Participating manufacturer" means a tobacco product manufacturer that is or becomes a signatory to the settlement agreement. new text end

new text begin (k) "Pledged tobacco revenues" means the state's tobacco settlement revenues sold to the authority under the sale agreement and pledged by the authority for the payment of bonds and any related bond facility. new text end

new text begin (l) "Related bond facility" means any interest rate exchange or similar agreement or any bond insurance policy, letter of credit or other credit enhancement facility, liquidity facility, guaranteed investment or reinvestment agreement, or other similar agreement, arrangement, or contract. new text end

new text begin (m) "Residual amount in tobacco settlement revenues" means any tobacco settlement revenues determined as moneys received but not required for the identified period in which revenues are received, to pay principal or interest on bonds or administrative or transaction expenses of the authority, or to fund reserves or other requirements relating to bonds issued or related bond facilities made under this section. new text end

new text begin (n) "Sale agreement" means any agreement authorized as provided in this section in which the state provides for the sale of all or a portion of the tobacco settlement revenues to the authority. new text end

new text begin (o) "State" means the state of Minnesota. new text end

new text begin (p) "Tobacco settlement bond proceeds fund" is established within the state treasury and consists of the net proceeds from any sale, conveyance, or transfer of the state's tobacco settlement revenues from the authority. new text end

new text begin (q) "Tobacco settlement recovery account" is the account established by the authority outside of the state's treasury. new text end

new text begin (r) "Tobacco settlement revenues subaccount" means the account established by the authority within the tobacco settlement recovery account established under subdivision 12 for receipt of tobacco settlement revenues and for payment of debt service of bonds authorized under this section. new text end

new text begin (s) "Tobacco settlement residual subaccount" means the account established by the authority within the tobacco settlement recovery account established under subdivision 12 for receipt of the residual amount in the tobacco settlement revenues subaccount. new text end

new text begin (t) "Tobacco settlement revenues" means all tobacco settlement payments received by the state on and after the effective date of this section and required to be made under the terms of the settlement agreement by participating manufacturers, and the state's rights to receive the tobacco settlement payments on and after the effective date of this section, exclusive of any payments made with respect to liability to make those payments for calendar years completed before the effective date of this section. new text end

new text begin Subd. 2. new text end

new text begin Ownership, transfer, and sale of state's right to tobacco settlement revenues. new text end

new text begin All tobacco settlement revenues received and to be received by the state are the property of the state, to be used as provided by law, including a sale, assignment, or transfer of the right to receive the tobacco settlement revenues under this subdivision. During fiscal years 2012 and 2013, the commissioner may sell, convey, or otherwise transfer to the authority, and may take any action necessary to facilitate and complete the sale, conveyance, or transfer to the authority the tobacco settlement revenues in exchange for the net proceeds of bonds and a right to the residual amount in the tobacco settlement revenues subaccount. Unless otherwise directed by statute, the net proceeds of any such sale, conveyance, or transfer shall be deposited in the general tobacco subaccount. The authority's purchased interest in tobacco settlement revenues received by the state from time to time shall be deposited in the tobacco settlement revenues subaccount, and the residual amount in tobacco settlement revenues received by the state from time to time shall be deposited in the tobacco settlement residual subaccount, in each case to be applied for the purposes and in the manner described in this section. new text end

new text begin Any sale, conveyance, or other transfer authorized by this subdivision shall be evidenced by an instrument or agreement in writing signed on behalf of the state by the commissioner. A certified copy of the instrument or agreement shall be filed with the commissioner and the chairs of the senate Finance Committee and the house of representatives Ways and Means Committee promptly upon execution and delivery thereof. The instrument or agreement shall require, as a condition of the sale, conveyance, or other transfer, that the authority notify the commissioner promptly upon the issuance, sale, and delivery thereof if any bonds are issued that are secured by any of the tobacco settlement revenues and provide the commissioner with all information on the distribution of the bond proceeds. The commissioner shall submit a report to the chairs of the senate finance committee and the house of representatives ways and means committee that includes all of the information provided to the commissioner by the authority under this subdivision. The instrument or agreement may include an irrevocable direction to pay all or a specified portion of the tobacco settlement revenues directly to or upon the order of the authority, or to any escrow agent or any trustee under an indenture or other agreement securing any bonds issued or related bond facilities made under this section. Upon execution and delivery of the sale agreement as provided in this section, the sale, conveyance, or other transfer of the right to receive the tobacco settlement revenues, shall, for all purposes, be a true sale and absolute conveyance of all right, title, and interest therein and not as a pledge or other security interest for any borrowing, valid, binding, and enforceable in accordance with the terms thereof and such instrument or agreements and any related instrument, agreement, or other arrangement, including any pledge, grant of security interest, or other encumbrance made by authority to secure any bonds issued by the authority, and shall not be subject to disavowal, disaffirmance, cancellation, or avoidance by reason of insolvency of any party, lack of consideration, or any other fact, occurrence, or rule of law. On and after the effective date of the sale of any portion, including all of the tobacco settlement revenues, the state shall have no right, title or interest in or to the portion of the tobacco settlement revenues sold, and the portion of the tobacco settlement revenues sold shall be the property of the authority, and shall be received, held, and disbursed by the authority in a trust fund outside the state treasury. Any portions of the tobacco settlement revenues sold to the authority and held in trust may be invested in investments and deposit accounts or certificates, and with security, agreed upon with the bondholders or a trustee for the bondholders. new text end

new text begin The procedures and requirements set forth in this subdivision shall be the sole procedures and requirements applicable to the sale of the tobacco settlement revenues. new text end

new text begin Subd. 3. new text end

new text begin Establishment and powers of authority. new text end

new text begin (a) The authority is hereby established as a body corporate and politic and a public instrumentality of, but having a legal existence independent and separate from the state and, accordingly, the assets, liabilities, and funds of the authority shall be neither consolidated nor commingled with those of the state treasury, provided that the assets, liabilities, and funds of the authority shall be held by a duly designated agent or fiduciary of the authority. If the authority does not designate a fiduciary or an agent for the purposes of this subdivision, the assets and funds of the authority shall be held in the state treasury. The authority and its corporate existence shall continue until 12 months after all its liabilities have been met or otherwise discharged. Upon the termination of the existence of the authority, all of its rights and property shall pass to and be vested in the state. The authority shall be established for the express limited public purposes set forth in this section, and no part of the net earnings of the authority shall inure to any private individual. new text end

new text begin (b) The authority shall be governed by a three-member board consisting of the commissioner, the commissioner of revenue, and the commissioner of health. The commissioner shall serve as the chair and chief executive officer of the authority, who shall sign instruments or agreements authorized by this section on behalf of the authority; provided that the authority may by resolution authorize a member other than the commissioner to sign authorized instruments or agreements. The authority may elect other officers as necessary from its members. The authority may also appoint a nonremunerated chief financial officer who may or may not be a member of the authority in order to provide financial analysis and advice regarding any transaction of the authority. The powers of the authority shall be subject to the terms, conditions, and limitations contained within this section, and any applicable covenants or agreements of the authority in any indenture or other agreement relating to any then outstanding bonds or related bond facilities. The authority may enter into contracts regarding any matter connected with any corporate purpose within the objects and purposes of this section. The members of the authority shall receive no salary or other compensation, either direct or indirect, for serving as members of the authority, other than reimbursement for actual and necessary expenses incurred in the performance of such person's duties. Notwithstanding the foregoing, the authority shall not be authorized to make any covenant, pledge, promise, or agreement purporting to bind the state with respect to tobacco settlement revenues, except as otherwise specifically authorized by this section. new text end

new text begin (c) A majority of the authority, excluding vacancies, constitutes a quorum to conduct its business, to exercise its powers, and for all other purposes. new text end

new text begin (d) The authority may conduct its business as provided under section 13D.015, including teleconference calls or interactive video, that allows for an interaction between members. If a meeting is conducted under this paragraph, a specific location must be available for the public to attend the meeting and at least one member must be present at that location. new text end

new text begin (e) The authority may not file a voluntary petition under or be or become a debtor or bankrupt under the federal bankruptcy code or any other federal or state bankruptcy, insolvency, or moratorium law or statute as may, from time to time, be in effect, and neither any public officer nor any organization, entity, or other person shall authorize the authority to be or become a debtor or bankrupt under the federal bankruptcy code or any other federal or state bankruptcy, insolvency, or moratorium law or statute, as may, from time to time be in effect. new text end

new text begin (f) The authority may not guarantee the debts of another. new text end

new text begin (g) The commissioner shall provide administrative services to the authority. new text end

new text begin (h) The authority may accept appropriations, gifts, grants, bequests, and devises, and use or dispose of them for its purposes. All gifts, grants, bequests, and revenues from those sources are appropriated to the authority. new text end

new text begin (i) Proceeds of the authority's bonds, notes, and other obligations; amounts granted or appropriated to the authority for bond debt service reserves; income from investment; money in the funds; and all revenues from fees and charges of the authority including rentals, royalties, dividends, or other proceeds are annually appropriated to the authority for the accomplishment of its corporate purposes and must be spent, administered, and accounted for in accordance with the applicable provisions of all bond and note resolutions, indentures, and other instruments, contracts, and agreements of the authority. Notwithstanding section 16A.28, these appropriations are available until expended. new text end

new text begin Subd. 4. new text end

new text begin Certain powers of the authority. new text end

new text begin The authority shall have the power to: new text end

new text begin (1) sue and be sued; new text end

new text begin (2) have a seal and alter the same at pleasure; new text end

new text begin (3) make and alter bylaws for its organization and internal management; new text end

new text begin (4) make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this subdivision, including without limitation the purchase from the state of all or a portion of the right to receive tobacco settlement revenues, and request the attorney general to commence any action to protect or enforce any right conferred upon it by any law, contract, or other agreement; new text end

new text begin (5) retain or contract for the services of underwriters, financial advisors, accountants or other consultants or agents; new text end

new text begin (6) pay its operating expenses and its financing costs, including its reasonable costs of issuance and sale of bonds and those of the attorney general, if any; new text end

new text begin (7) borrow money in its name, issue negotiable bonds as named by the authority, and provide for the rights of the holders thereof as otherwise provided in this section; new text end

new text begin (8) procure insurance against any loss in connection with its activities, properties, and assets in such amount and from such insurers as it deems desirable; new text end

new text begin (9) invest any funds or other moneys under its custody and control in investment securities or under any related bond facility; new text end

new text begin (10) as security for the payment of the principal of and interest on any bonds issued by it under this section and any agreement made in connection therewith and for its obligations under any related bond facility, pledge all or any part of the tobacco settlement revenues; new text end

new text begin (11) establish and create debt service reserve funds and capitalized interest accounts and deposit therein proceeds of bonds in such amount or amounts as shall be provided by the resolutions or trust indentures for the bonds; and new text end

new text begin (12) do any and all things necessary and proper to carry out its purposes and exercise the powers expressly given and granted in this section. new text end

new text begin Subd. 5. new text end

new text begin Bonds of the authority. new text end

new text begin (a) The authority shall have power and is hereby authorized to issue bonds from time to time in one or more series, in an aggregate principal amount no greater than $900,000,000, excluding refunding bonds sold and issued under this section, to provide funds not to exceed $640,000,000 and subject to the limitation in section 16A.97, for the purchase of all or a portion of the tobacco settlement revenues pursuant to subdivision 2, and also to provide sufficient funds for the establishment of a debt service reserve fund, and the payment or provision for capitalized interest and financing costs, including, without limitation, the cost of any related credit facility. new text end

new text begin The issuance of bonds shall be authorized by a resolution of the authority, adopted by a majority of the members of the authority without further authorization or approval. The issue of the bonds of the authority shall be special limited revenue obligations payable from and secured by a pledge of the pledged tobacco revenues, those proceeds of bonds deposited in a debt service reserve fund for the benefit of bondholders, and earnings on funds of the authority, upon terms and conditions as specified by the authority in the resolution under which the bonds are issued or in a related trust indenture. new text end

new text begin The authority shall have the power and is hereby authorized from time to time to issue bonds, whenever it deems refunding expedient, to refund any outstanding bonds by the issuance of new bonds, provided that the refunding bonds mature not more than 30 years after the date of issuance as may be determined by the authority. The refunding bonds may be exchanged for the bonds to be refunded or sold and the proceeds applied to the purchase, redemption, or payment of the bonds to be refunded. new text end

new text begin (b) The bonds of each issue shall be dated, shall bear interest, which may be includable in or excludable from the gross income of the owners for federal income tax purposes, at fixed or variable rates, payable at or prior to maturity, and shall mature at such time or times, not more than 30 years after the date of issuance, as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority. The principal and interest of the bonds may be made payable in any lawful medium. The resolution of the authority approving the issuance of the bonds shall determine the form of the bonds and the manner of execution of the bonds and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or outside the state. If any officer whose signature or a facsimile thereof appears on any bonds shall cease to be an officer before the delivery of the bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if the officer had remained in office until such delivery. new text end

new text begin (c) The authority may sell such bonds at either public or private sale upon terms as the commissioner shall determine are not inconsistent with this section and the bonds may be sold at any price or percentage of par value. Any bid received may be rejected by the authority. The proceeds of the bonds shall be disbursed for the purposes for which the bonds were issued under the restrictions as the sale agreement and the resolution authorizing the issuance of the bonds or the related trust indenture may provide. The bonds shall be issued upon approval of the authority and without any other approvals, filings, proceedings or the happening of any other conditions or things other than the approvals, findings, proceedings, conditions, and things that are specified and required by this section. new text end

new text begin (d) Any pledge made by the authority shall be valid and binding at the time the pledge is made. The assets, property, revenues, reserves, or earnings so pledged shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of any pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether such parties have notice thereof. Notwithstanding any other provision of law to the contrary, neither the resolution nor any indenture or other instrument by which a pledge is created or by which the authority's interest in pledged assets, property, revenues, reserves, or earnings is assigned need be filed, perfected, or recorded in any public records in order to protect the pledge or perfect the lien as against third parties, except that a copy shall be filed in the records of the authority. new text end

new text begin (e) Whether or not the bonds of the authority are of such form and character as to be negotiable instruments under the terms of the Uniform Commercial Code, the bonds are hereby made negotiable instruments for all purposes, subject only to the provisions of the bonds for registration. new text end

new text begin (f) At the sole discretion of the authority, any bonds issued by the authority and any related bond facility made under the provisions of this section shall be secured by a resolution or trust indenture by and between the authority and the indenture trustee, which may be any trust company or bank having the powers of a trust company, whether located within or outside the state. The trust indenture or resolution providing for the issuance of the bonds shall, without limitation, (1) provide for the creation and maintenance of reserves as the authority shall determine to be proper; (2) include covenants setting forth the duties of the authority in relation to the bonds, the income of the authority, the related sale agreement and the related tobacco settlement revenues; (3) contain provisions relating to the transfer of the residual interest upon receipt of the tobacco settlement revenues; (4) contain provisions respecting the custody, safeguarding, and application of all moneys and securities; (5) contain provisions for protecting and enforcing against the authority or the state the rights and remedies pursuant thereto and to the sale agreement of the owners of the bonds and any provider of a related bond facility as may be reasonable and proper and not in violation of law; and (6) contain other provisions as the authority may deem reasonable and proper for priorities and subordination among the owners of the bonds and providers of related bond facilities. Any reference in this section to a resolution of the authority shall include any trust indenture authorized thereby. new text end

new text begin (g) The net proceeds of any sale, conveyance, or transfer by the state of tobacco settlement revenues shall be deposited into the authority's general tobacco subaccount. The authority shall transfer all moneys in the general tobacco subaccount to the commissioner for deposit in the tobacco settlement bond proceeds fund. Any residual amount in tobacco settlement revenues shall be deposited in the tobacco settlement residual subaccount. The balance in the tobacco residual subaccount shall be transferred to the commissioner for deposit in the general fund, as provided in subdivision 12, paragraph (b). new text end

new text begin (h) The authority may enter into, amend, or terminate, as it determines to be necessary or appropriate, any related bond facility (1) to facilitate the issuance, sale, resale, purchase, repurchase, or payment of bonds, interest rate savings or market diversification, or the making or performance of swap contracts, including without limitation bond insurance, letters of credit and liquidity facilities, or (2) to attempt to manage or hedge risk or achieve a desirable effective interest rate or cash flow. Such facility shall be made upon the terms and conditions established by the authority, including without limitation provisions as to security, default, termination, payment, remedy, jurisdiction, and consent to service of process. new text end

new text begin (i) The authority may enter into, amend, or terminate, as it deems to be necessary or appropriate, any related bond facility to place the obligations or investments of the authority, as represented by the bonds or the investment of reserves securing the bonds or related bond facilities or other tobacco settlement revenues or its other assets, in whole or in part, on the interest rate, cash flow, or other basis approved by the authority, which facility may include without limitation contracts commonly known as interest rate swap agreements, forward purchase contracts, or guaranteed investment contracts and futures or contracts providing for payments based on levels of, or changes in, interest rates. These contracts or arrangements may be entered into by the authority in connection with, or incidental to, entering into, or maintaining any (1) agreement that secures bonds of the authority or (2) investment or contract providing for investment of reserves or similar facility guaranteeing an investment rate for a period of years not to exceed the underlying term of the bonds. The determination by the authority that a related bond facility or the amendment or termination thereof is necessary or appropriate as aforesaid shall be conclusive. Any related bond facility may contain such provisions as to security, default, termination, payment, remedy, jurisdiction, and consent to service of process, and other terms and conditions as determined by the authority, after giving due consideration to the creditworthiness of the counterparty or other obligated party, including any rating by any nationally recognized rating agency, and any other criteria as may be appropriate. new text end

new text begin (j) Bonds or any related bond facility may contain a recital that they are issued or executed, respectively, pursuant to this section, which recital shall be conclusive evidence of their validity, respectively, and the regularity of the proceedings relating thereto. new text end

new text begin (k) No member or officer of the authority or any person executing the bonds is liable personally on the bonds or is subject to any personal liability or accountability by reason of their issuance, or is liable for any other debt or obligation of the authority. new text end

new text begin (l) Information in any register of ownership of bonds or certificates is nonpublic data under section 13.02, subdivision 9, or private data on individuals under section 13.02, subdivision 12. The information is open only to the subject of it, except as disclosure: new text end

new text begin (1) is necessary for the registrar, the commissioner, or the legislative auditor to perform a duty; new text end

new text begin (2) is requested by an authorized representative of the commissioner of revenue, the attorney general, or the United States commissioner of internal revenue to determine the application of a tax; or new text end

new text begin (3) is required under section 13.03, subdivision 4. new text end

new text begin (m) The bonds of the authority are not subject to chapter 16C. new text end

new text begin (n) The commissioner and any other member of the authority charged with the responsibility of issuing bonds for or on behalf of the authority, may enter into written agreements or contracts relating to the continuing disclosure of information necessary to comply with, or facilitate the issuance of bonds in accordance with, federal securities laws, rules, and regulations, including Securities and Exchange Commission rules and regulations, in Code of Federal Regulations, title 17, section 240.15c2-12. An agreement may be in the form of covenants with purchasers and holders of bonds set forth in the order or resolution authorizing the issuance of the bonds, or a separate document authorized by the order or resolution. new text end

new text begin Subd. 6. new text end

new text begin State not liable on bonds or related bond facilities. new text end

new text begin The state is not liable on bonds of the authority, and no bond or related bond facility shall constitute an indebtedness or an obligation of the state or any subdivision thereof, within the meaning of any constitutional or statutory limitation or provision or a charge against the general credit or taxing powers, if any, of any of them but shall be payable solely from pledged tobacco revenues. No owner of any bond or provider of any related bond facility shall have the right to compel the exercise of the taxing power of the state to pay any principal installment of, redemption premium, if any, or interest on the bonds or to make any payment due under any related bond facility. The bonds must contain on their face a statement to the effect of this subdivision. new text end

new text begin Subd. 7. new text end

new text begin Agreement with the state. new text end

new text begin (a) The state pledges and agrees with the authority, and the owners of the bonds of the authority in which the authority has included such pledge and agreement, that the state shall: (1) irrevocably direct the transfer of all pledged tobacco revenues received by the state under and in accordance with the settlement agreement directly to the authority or its assignee; (2) diligently enforce its right to collect all moneys due from the participating manufacturers under the settlement agreement, in each case in the manner and to the extent deemed necessary in the judgment of and consistent with the discretion of the attorney general of the state, provided, however, that the sale agreement shall provide (i) that the remedies available to the authority and the bondholders for any breach of the pledges and agreements of the state set forth in this clause shall be limited to injunctive relief, and (ii) that the state shall be deemed to have diligently enforced this subdivision so long as there has been no judicial determination by a court of competent jurisdiction in this state, in an action commenced by a participating tobacco manufacturer, that the state has failed to diligently enforce this subdivision; (3) in any materially adverse way, neither amend the settlement agreement or take any other action that would (i) impair the authority's right to receive pledged tobacco revenues, or (ii) limit or alter the rights hereby vested in the authority to fulfill the terms of its agreements with the bondholders, or (iii) impair the rights and remedies of the bondholders or the security for such bonds until such bonds, together with the interest thereon and all costs and expenses in connection with any action or proceedings by or on behalf of the bondholders, are fully paid and discharged, provided, that nothing herein shall be construed to preclude the state's regulation of smoking, smoking cessation activities and laws, and taxation and regulation of the sale of cigarettes or the like or to restrict the right of the state to amend, modify, repeal, or otherwise alter statutes imposing or relating to the taxes; and (4) not amend, supersede or repeal the settlement agreement or this section in any way that would materially adversely affect the amount of any payment to, or the rights to such payments of, the authority or the bondholders. This pledge and agreement may be included in the sale agreement and the authority may include this pledge and agreement in any contract with the bondholders of the authority. new text end

new text begin (b) The provisions of this section, the bonds issued pursuant to this section, and the pledges and agreements by the state and the authority to the bondholders shall not be interpreted or construed to limit or impair the authority or discretion of the attorney general to administer and enforce provisions of the settlement agreement or to direct, control, and settle any litigation or arbitration proceeding arising from or relating to the settlement agreement. new text end

new text begin Subd. 8. new text end

new text begin Enforcement of contract. new text end

new text begin The provisions of this section and of any resolution or proceeding authorizing the issuance of bonds or a related bond facility shall constitute a contract with the holders of the bonds or the related bond facility, and the provisions thereof shall be enforceable either by mandamus or other proceeding in any Minnesota court of competent jurisdiction in Ramsey County to enforce and compel the performance of all duties required by this section and by any resolution authorizing the issuance of bonds a related bond facility adopted in response hereto. new text end

new text begin Subd. 9. new text end

new text begin Bonds as legal investments. new text end

new text begin Any of the following entities may legally invest any sinking funds, money, or other funds belonging to them or under their control in any bonds issued under this section: (1) the state, the investment board, public officers, municipal corporations, political subdivisions, and public bodies; (2) banks and bankers, savings and loan associations, credit unions, trust companies, savings banks and institutions, investment companies, insurance companies, insurance associations, and other persons carrying on a banking or insurance business; and (3) personal representatives, guardians, trustees, and other fiduciaries. new text end

new text begin Subd. 10. new text end

new text begin Exemption from taxation. new text end

new text begin It is hereby determined that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of the state and are public purposes. Accordingly, the property of the authority, its income, and its operations shall be exempt from taxation. The authority shall not be required to pay any fees, taxes, or assessments of any kind, whether state or local, including, but not limited to, fees, taxes, ad valorem taxes on real property, sales taxes or other taxes, upon or with respect to any property owned by it or under its jurisdiction, control or supervision, or upon the uses thereof, or upon or with respect to its activities or operations in furtherance of the powers conferred upon it by this section. new text end

new text begin Subd. 11. new text end

new text begin Report; audit. new text end

new text begin The authority shall report to the legislature and the governor by the January 15 following the end of each fiscal year. The report must include a complete operating and financial statement covering the authority's operations during the fiscal year, including amounts of income from all sources. Books and records of the authority are subject to audit by the legislative auditor in the manner prescribed for state agencies. new text end

new text begin Subd. 12. new text end

new text begin Tobacco settlement recovery account. new text end

new text begin (a) The authority shall establish the tobacco settlement recovery account, which shall consist of three subaccounts: (1) the general tobacco subaccount, (2) the tobacco settlement revenues subaccount, and (3) the tobacco settlement residual subaccount. The authority shall deposit all moneys paid pursuant to the settlement agreement, and any other moneys as provided by law into the several subaccounts of the tobacco settlement recovery account. Money shall be deposited into the tobacco settlement revenues subaccount and the tobacco settlement residual subaccount as provided by the terms of this section, including any agreement between the state and the authority implementing the same. All other moneys available to be deposited into the tobacco settlement recovery account shall be deposited into the general tobacco subaccount. An investment made from moneys credited to a specific subaccount constitutes part of that subaccount and such subaccount shall be credited with all income from the investment of such moneys. The commissioner may invest the moneys in the several subaccounts of the tobacco settlement recovery account in the same manner, in the same types of investments, and subject to the same limitations provided in section 11A.24. Notwithstanding the foregoing, to the extent necessary to preserve the tax-exempt status of any bonds issued pursuant to this section, the interest on which is intended to be excludable from the gross income of the owners for federal income tax purposes, moneys on deposit in the tobacco settlement revenues subaccount and the tobacco settlement residual subaccount may be invested in obligations the interest upon which is tax exempt under the provisions of Section 103 of the Internal Revenue Code of 1986, as now or hereafter amended, or any successor code or provision. new text end

new text begin (b) Moneys on deposit in the tobacco settlement residual subaccount shall be transferred to the commissioner for deposit in the general fund. new text end

new text begin (c) The amounts deposited into the tobacco settlement bond proceeds fund from the general tobacco subaccount and interest thereon are appropriated to the commissioner for payment of working capital, debt service on outstanding obligations of the general fund, the funding of debt service reserves for the bonds, each as permitted by state and federal law, nonsalary expenses incurred in conjunction with the sale of the bonds and to supplement the tobacco settlement residual subaccount to pay for appropriated obligations of the tobacco settlement recovery account for state fiscal years 2012 and 2013. The commissioner may transfer the amounts available to reduce debt service on outstanding obligations of the general fund to the state bond fund under section 16A.641. new text end

new text begin Subd. 13. new text end

new text begin Supplemental nature of section; construction and purpose. new text end

new text begin The powers conferred by this section shall be in addition to and supplemental to the powers conferred by any other law, general or special, and may be exercised notwithstanding the provisions of any other such law. Insofar as the provisions of this section are inconsistent with the provisions of any other law, general or special, the provisions of this section shall be controlling. new text end

new text begin Subd. 14. new text end

new text begin Severability. new text end

new text begin If any provision of this section is held invalid, such provision shall be deemed to be excised and the invalidity thereof shall not affect any of the other provisions of this section. If the application of any provision of this section to any person or circumstance is held invalid, it shall not affect the application of such provision to such persons or circumstances other than those as to which it is held invalid. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

new text begin [16A.99] TOBACCO APPROPRIATION BONDS. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section. new text end

new text begin (b) "Appropriation bond" means a bond, note, or other similar instrument of the state payable during a biennium in whole or in part from tobacco settlement revenues and from one or more of the following sources: new text end

new text begin (1) money appropriated by law in any biennium for debt service due with respect to obligations described in subdivision 2, paragraph (b); new text end

new text begin (2) proceeds of the sale of obligations described in subdivision 2, paragraph (b); new text end

new text begin (3) payments received for that purpose under agreements and ancillary arrangements described in subdivision 2, paragraph (d); and new text end

new text begin (4) investment earnings on amounts in clauses (1) to (3). new text end

new text begin (c) "Consent Judgment" means the Consent Judgment, as the same has been and may be corrected, amended or modified, in the action styled as The State of Minnesota, By Hubert Humphrey, III, Its Attorney General, and Blue Cross and Blue Shield of Minnesota v. Philip Morris Incorporated, et al., No. C1-94-8565 (Minnesota District Court, Second Judicial District, May 8, 1998). new text end

new text begin (d) "Debt service" means the amount payable in any biennium of principal, premium, if any, and interest on appropriation bonds. new text end

new text begin (e) "Settlement agreement" means the settlement agreement and Stipulation for Entry of Consent Judgment, dated May 8, 1998, between the State of Minnesota, By Hubert Humphrey, III, Its Attorney General, and Blue Cross and Blue Shield of Minnesota, on the one hand, and Philip Morris Incorporated, et al., on the other hand, and the subject of the Consent Judgment. new text end

new text begin (f) "Tobacco settlement revenues" means all tobacco settlement payments received by the state on and after the effective date of this section and required to be made, pursuant to the terms of the settlement agreement, by participating manufacturers and the state's rights to receive the tobacco settlement payments on and after the effective date of this section, exclusive of any payments made with respect to liability to make those payments for calendar years completed before the effective date of this section. new text end

new text begin Subd. 2. new text end

new text begin Authority. new text end

new text begin (a) Subject to the limitations of this subdivision, the commissioner may sell and issue appropriation bonds of the state under this section for public purposes as provided by law. Proceeds of the bonds must be credited to a special appropriation bond proceeds fund in the state treasury. Net income from investment of the proceeds, as estimated by the commissioner, must be credited to the special appropriation bond proceeds fund. new text end

new text begin (b) Appropriation bonds may be sold and issued in amounts that, in the opinion of the commissioner, are necessary to provide sufficient funds, not to exceed $640,000,000 and subject to the limitation in section 16A.97, for achieving the purposes authorized as provided under paragraph (a), and pay debt service, pay costs of issuance, make deposits to reserve funds, pay the costs of credit enhancement, or make payments under other agreements entered into under paragraph (d); provided, however, that bonds issued and unpaid shall not exceed $800,000,000 in principal amount, excluding refunding bonds sold and issued under subdivision 4. new text end

new text begin (c) Appropriation bonds may be issued from time to time in one or more series on the terms and conditions the commissioner determines to be in the best interests of the state, but the term on any series of bonds may not exceed 30 years. The bonds of each issue shall be dated and bear interest, and may be includable in or excludable from the gross income of the owners for federal income tax purposes. new text end

new text begin (d) At the time of, or in anticipation of, issuing the appropriation bonds, and at any time thereafter, so long as the appropriation bonds are outstanding, the commissioner may enter into agreements and ancillary arrangements relating to the appropriation bonds, including but not limited to trust indentures, liquidity facilities, remarketing or dealer agreements, letter of credit agreements, insurance policies, guaranty agreements, reimbursement agreements, indexing agreements, or interest exchange agreements. Any payments made or received according to the agreement or ancillary arrangement shall be made from or deposited as provided in the agreement or ancillary arrangement. The determination of the commissioner included in an interest exchange agreement that the agreement relates to an appropriation bond shall be conclusive. new text end

new text begin (e) The commissioner may enter into written agreements or contracts relating to the continuing disclosure of information necessary to comply with, or facilitate the issuance of appropriation bonds in accordance with federal securities laws, rules, and regulations, including Securities and Exchange Commission rules and regulations in Code of Federal Regulations, title 17, section 240.15c2-12. An agreement may be in the form of covenants with purchasers and holders of appropriation bonds set forth in the order or resolution authorizing the issuance of the appropriation bonds, or a separate document authorized by the order or resolution. new text end

new text begin (f) The appropriation bonds are not subject to chapter 16C. new text end

new text begin Subd. 3. new text end

new text begin Form; procedure. new text end

new text begin (a) Appropriation bonds may be issued in the form of bonds, notes, or other similar instruments, and in the manner provided in section 16A.672. In the event that any provision of section 16A.672 conflicts with this section, this section shall control. new text end

new text begin (b) Every appropriation bond shall include a conspicuous statement of the limitation established in subdivision 6. new text end

new text begin (c) Appropriation bonds may be sold at either public or private sale upon such terms as the commissioner shall determine are not inconsistent with this section and may be sold at any price or percentage of par value. Any bid received may be rejected. new text end

new text begin (d) Appropriation bonds may bear interest at a fixed or variable rate. new text end

new text begin (e) Notwithstanding any other law, appropriation bonds issued pursuant to this section shall be fully negotiable. new text end

new text begin Subd. 4. new text end

new text begin Refunding bonds. new text end

new text begin The commissioner from time to time may issue appropriation bonds for the purpose of refunding any appropriation bonds or tobacco securitization bonds authorized under section 16A.98 then outstanding, including the payment of any redemption premiums on the bonds, any interest accrued or to accrue to the redemption date, and costs related to the issuance and sale of the refunding bonds. The proceeds of any refunding bonds may, in the discretion of the commissioner, be applied to the purchase or payment at maturity of the appropriation bonds to be refunded, to the redemption of the outstanding bonds on any redemption date, or to pay interest on the refunding bonds and may, pending application, be placed in escrow to be applied to the purchase, payment, retirement, or redemption. Any escrowed proceeds, pending such use, may be invested and reinvested in obligations that are authorized investments under section 11A.24. The income earned or realized on the investment may also be applied to the payment of the bonds to be refunded or interest or premiums on the refunded bonds, or to pay interest on the refunding bonds. After the terms of the escrow have been fully satisfied, any balance of the proceeds and any investment income may be returned to the general fund or, if applicable, the appropriation bond proceeds account for use in any lawful manner. All refunding bonds issued under this subdivision must be prepared, executed, delivered, and secured by appropriations in the same manner as the bonds to be refunded. new text end

new text begin Subd. 5. new text end

new text begin Appropriation bonds as legal investments. new text end

new text begin Any of the following entities may legally invest any sinking funds, money, or other funds belonging to them or under their control in any appropriation bonds issued under this section: new text end

new text begin (1) the state, the investment board, public officers, municipal corporations, political subdivisions, and public bodies; new text end

new text begin (2) banks and bankers, savings and loan associations, credit unions, trust companies, savings banks and institutions, investment companies, insurance companies, insurance associations, and other persons carrying on a banking or insurance business; and new text end

new text begin (3) personal representatives, guardians, trustees, and other fiduciaries. new text end

new text begin Subd. 6. new text end

new text begin No full faith and credit; state not required to make appropriations. new text end

new text begin The appropriation bonds are not public debt of the state, and the full faith, credit, and taxing powers of the state are not pledged to the payment of the appropriation bonds or to any payment that the state agrees to make under this section. Appropriation bonds shall not be obligations paid directly, in whole or in part, from a tax of statewide application on any class of property, income, transaction, or privilege. Appropriation bonds shall be payable in each fiscal year only from amounts that the legislature may appropriate for debt service for any fiscal year, provided that nothing in this section shall be construed to require the state to appropriate funds sufficient to make debt service payments with respect to the bonds in any fiscal year. Appropriation bonds shall be canceled and shall no longer be outstanding on the earlier of (1) the first day of a fiscal year for which the legislature shall not have appropriated amounts sufficient for debt service, or (2) the date of final payment of the principal of and interest on the appropriation bonds. new text end

new text begin Subd. 7. new text end

new text begin Appropriation of proceeds. new text end

new text begin The proceeds of appropriation bonds and interest credited to the special appropriation bond proceeds fund are appropriated to the commissioner for payment of working capital, capital expenses, debt service on outstanding indebtedness of the state and the funding of debt service reserves for the appropriation bonds, each as permitted by state and federal law, and nonsalary expenses incurred in conjunction with the sale of the appropriation bonds. new text end

new text begin Subd. 8. new text end

new text begin Appropriation for debt service. new text end

new text begin The amount needed to pay principal and interest on appropriation bonds issued under this section is appropriated each year to the commissioner from the general fund subject to the repeal, unallotment under section 16A.152, or cancellation otherwise pursuant to subdivision 6. new text end

new text begin Subd. 9. new text end

new text begin Validation. new text end

new text begin (a) Appropriation bonds issued pursuant to this section may be validated in the manner provided by this subdivision. Nothing in this subdivision shall be construed to prevent sale or delivery of any appropriation bonds or notes after entry of a judgment of validation by the Minnesota Supreme Court. new text end

new text begin (b) Any appropriation bonds issued pursuant to this section that are validated shall be validated in the manner provided by this subdivision. new text end

new text begin (c) The Minnesota Supreme Court shall have original jurisdiction to determine the validation of appropriation bonds and all matters connected therewith. new text end

new text begin (d) The commissioner may determine the commissioner's authority to issue appropriation bonds and the legality of all proceedings in connection therewith. For this purpose a complaint shall be filed by the commissioner in the Minnesota Supreme Court against the state and the taxpayers and citizens thereof. new text end

new text begin (e) As a condition precedent to filing of a complaint for the validation of appropriation bonds, the commissioner shall take action providing for the issuance of such appropriation bonds in accordance with law. new text end

new text begin (f) The complaint shall set out the state's authority to issue appropriation bonds, the action or proceeding authorizing the issue and its adoption, all other essential proceedings had or taken in connection therewith, the amount of the bonds to be issued and the maximum interest they are to bear, and all other pertinent matters. new text end

new text begin (g) The Minnesota Supreme Court shall issue an order directed against the state and taxpayers, citizens and others having or claiming any right, title, or interest affected by the issuance of appropriation bonds, or to be affected thereby, allowing all persons, in general terms and without naming them, and the state through its attorney general to appear before the Minnesota Supreme Court at a designated time and place and show why the complaint should not be granted and the proceedings and bonds validated. A copy of the complaint and order shall be served on the attorney general at least 20 days before the time fixed for hearing. The attorney general shall examine the complaint, and, if it appears or there is reason to believe that it is defective, insufficient, or untrue, or if in the opinion of the attorney general the issuance of the bonds in question has not been duly authorized, defense shall be made by the attorney general as the attorney general deems appropriate. new text end

new text begin (h) Before the date set for hearing, as directed by the Minnesota Supreme Court, either the clerk of the Minnesota Appellate Courts or the commissioner shall publish a copy of the order in a legal newspaper of general circulation in Ramsey County and the state, at least once each week for two consecutive weeks, commencing with the first publication, which shall not be less than 20 days before the date set for hearing. By this publication, all taxpayers, citizens, and others having or claiming any right, title or interest in the state, are made parties defendant to the action and the Minnesota Supreme Court has jurisdiction of them to the same extent as if named as defendants in the complaint and personally served with process. new text end

new text begin (i) Any taxpayer, citizen, or person interested may become a party to the action by moving against or pleading to the complaint at or before the time set for hearing. The Minnesota Supreme Court shall determine all questions of law and fact and make such orders as will enable it to properly try and determine the action and render a final judgment within 30 days of the hearing with the least possible delay. new text end

new text begin (j) If the judgment validates such appropriation bonds, such judgment is forever conclusive as to all matters adjudicated and as against all parties affected and all others having or claiming any right, title, or interest affected by the issuance of said bonds, or to be affected in any way thereby, and the validity of said bonds or of any revenues pledged for the payment thereof, or of the proceedings authorizing the issuance thereof, including any remedies provided for their collection, shall never be called in question in any court by any person or party. new text end

new text begin (k)(1) Bonds, when validated under this section, shall have stamped or written thereon, by the proper officers of the state issuing them, a statement in substantially the following form: "This bond is one of a series of bonds which were validated by judgment of the Supreme Court of the State of Minnesota, rendered on ....., (year) ......" new text end

new text begin (2) A certified copy of the judgment or decree shall be received as evidence in any court in this state. new text end

new text begin (l) The costs shall be paid by the state, except when a taxpayer, citizen, or other person contests the action or intervenes, the court may tax the whole or any part of the costs against the person is equitable. new text end

new text begin (m) A justice of the Minnesota Supreme Court is not disqualified in any validation action because the justice is a landowner or taxpayer of the state. new text end

new text begin EFFECTIVE DATE. new text end

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

Presented to the governor July 20, 2011

Signed by the governor July 20, 2011, 9:10 a.m.

Official Publication of the State of Minnesota
Revisor of Statutes