2004 Minnesota Statutes

     16A.1522 Rebate requirements. 

    Subdivision 1.    Forecast.  If, on the basis of a 
 forecast of general fund revenues and expenditures in November 
 of an even-numbered year or February of an odd-numbered year, 
 the commissioner projects a positive unrestricted budgetary 
 general fund balance at the close of the biennium that exceeds 
 one-half of one percent of total general fund biennial revenues, 
 the commissioner shall designate the entire balance as available 
 for rebate to the taxpayers of this state.  In forecasting, 
 projecting, or designating the unrestricted budgetary general 
 fund balance or general fund biennial revenue under this 
 section, the commissioner shall not include any balance or 
 revenue attributable to settlement payments received after July 
 1, 1998, and before July 1, 2001, as defined in Section IIB of 
 the settlement document, filed May 18, 1998, in State v. Philip 
 Morris, Inc., No. C1-94-8565 (Minnesota District Court, Second 
 Judicial District). 

    Subd. 2.    Plan.  If the commissioner designates an 
 amount for rebate in either forecast, the governor shall present 
 a plan to the legislature for rebating that amount.  The plan 
 must provide for payments to begin no later than August 15 of 
 the odd-numbered year.  By April 15 of each odd-numbered year, 
 the legislature shall enact, modify, or reject the plan 
 presented by the governor. 

    Subd. 3.    Certification.  By July 15 of each 
 odd-numbered year, based on a preliminary analysis of the 
 general fund balance at the end of the fiscal year June 30, the 
 commissioner of finance shall certify to the commissioner of 
 revenue the amount available for rebate. 

    Subd. 4.    Transfer to tax relief account.  Any 
 positive unrestricted budgetary general fund balance on June 30 
 of an odd-numbered year is appropriated to the commissioner for 
 transfer to the tax relief account. 

    Subd. 5.    Appropriation.  A sum sufficient to pay any 
 rebate due under the plan enacted under subdivision 2 is 
 appropriated from the general fund to the commissioner of 
 revenue. 

    HIST: 1999 c 243 art 15 s 1