Bill Text: MN SF312 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Tax policy market values provisions modifications and clarifications
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2013-02-25 - Second reading [SF312 Detail]
Download: Minnesota-2013-SF312-Introduced.html
1.2relating to taxation; local government; modifying the definition of market value
1.3for tax, debt, and other purposes; appropriating money;amending Minnesota
1.4Statutes 2012, sections 38.18; 40A.15, subdivision 2; 69.011, subdivision 1;
1.569.021, subdivisions 7, 8; 88.51, subdivision 3; 103B.245, subdivision 3;
1.6103B.251, subdivision 8; 103B.635, subdivision 2; 103B.691, subdivision 2;
1.7103D.905, subdivisions 2, 3, 8; 117.025, subdivision 7; 127A.48, subdivision 1;
1.8138.053; 144F.01, subdivision 4; 162.07, subdivisions 3, 4; 163.04, subdivision
1.93; 163.06, subdivision 6; 165.10, subdivision 1; 272.03, by adding subdivisions;
1.10273.032; 273.11, subdivision 1; 273.124, subdivisions 3a, 13; 273.13, subdivision
1.1121b; 273.1398, subdivisions 3, 4; 275.011, subdivision 1; 275.077, subdivision
1.122; 275.71, subdivision 4; 276.04, subdivision 2; 276A.01, subdivisions 10,
1.1312, 13, 15; 276A.06, subdivision 10; 287.08; 287.23, subdivision 1; 353G.08,
1.14subdivision 2; 365.025, subdivision 4; 366.095, subdivision 1; 366.27; 368.01,
1.15subdivision 23; 368.47; 370.01; 373.40, subdivisions 1, 4; 375.167, subdivision
1.161; 375.18, subdivision 3; 375.555; 383B.152; 383B.245; 383B.73, subdivision
1.171; 383E.20; 383E.23; 385.31; 394.36, subdivision 1; 398A.04, subdivision
1.188; 401.05, subdivision 3; 410.32; 412.221, subdivision 2; 412.301; 428A.02,
1.19subdivision 1; 430.102, subdivision 2; 447.10; 450.19; 450.25; 458A.10;
1.20458A.31, subdivision 1; 465.04; 469.033, subdivision 6; 469.034, subdivision
1.212; 469.053, subdivisions 4, 4a, 6; 469.107, subdivision 1; 469.180, subdivision
1.222; 469.187; 469.206; 471.24; 471.571, subdivisions 1, 2; 471.73; 473.325,
1.23subdivision 2; 473.629; 473.661, subdivision 3; 473.667, subdivision 9;
1.24473.671; 473.711, subdivision 2a; 473F.02, subdivisions 12, 14, 15, 23; 473F.08,
1.25subdivision 10; 475.521, subdivision 4; 475.53, subdivisions 1, 3, 4; 475.58,
1.26subdivision 2; 475.73, subdivision 1; 477A.011, subdivisions 20, 32; 477A.0124,
1.27subdivision 2; 641.23; 641.24; 645.44, by adding a subdivision; repealing
1.28Minnesota Statutes 2012, sections 273.11, subdivision 1a; 276A.01, subdivision
1.2911; 473F.02, subdivision 13; 477A.011, subdivision 21.
1.30BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.31 Section 1. Minnesota Statutes 2012, section 38.18, is amended to read:
1.3238.18 COUNTY FAIRGROUNDS; IMPROVEMENT AIDED.
1.33Any Each town, statutory city, or school district in this state, now or hereafter at any
1.34time havinga an estimated market value of all its taxable property, exclusive of money and
2.1credits, of more than $105,000,000, and having a county fair located within its corporate
2.2limits,is hereby authorized to aid in defraying may pay part of the expense of improving
2.3any such the fairground, by appropriating and paying over to the treasurer of the county
2.4owning the fairgroundsuch sum of money, not exceeding $10,000, for each of the political
2.5subdivisions, as the its governing body of the town, statutory city, or school district may,
2.6by resolution,determine determines to be for the best interest of the political subdivision,.
2.7 Thesums so appropriated to amounts paid to the county must be used solely for the purpose
2.8of aiding in the improvement of to improve the fairground in such the manner as the county
2.9boardof the county shall determine determines to be for the best interest of the county.
2.10 Sec. 2. Minnesota Statutes 2012, section 40A.15, subdivision 2, is amended to read:
2.11 Subd. 2. Eligible recipients. All counties within the state, municipalities that prepare
2.12plans and official controls instead of a county, and districts are eligible for assistance
2.13under the program. Counties and districts may apply for assistance on behalf of other
2.14municipalities. In order to be eligible for financial assistance a county or municipality must
2.15agree to levy at least 0.01209 percent oftaxable estimated market value for agricultural
2.16land preservation and conservation activities or otherwise spend the equivalent amount of
2.17local money on those activities, or spend $15,000 of local money, whichever is less.
2.18 Sec. 3. Minnesota Statutes 2012, section 69.011, subdivision 1, is amended to read:
2.19 Subdivision 1. Definitions. Unless the language or context clearly indicates that
2.20a different meaning is intended, the following words and terms, for the purposes of this
2.21chapter and chapters 423, 423A, 424 and 424A, have the meanings ascribed to them:
2.22 (a) "Commissioner" means the commissioner of revenue.
2.23 (b) "Municipality" means:
2.24 (1) a home rule charter or statutory city;
2.25 (2) an organized town;
2.26 (3) a park district subject to chapter 398;
2.27 (4) the University of Minnesota;
2.28 (5) for purposes of the fire state aid program only, an American Indian tribal
2.29government entity located within a federally recognized American Indian reservation;
2.30 (6) for purposes of the police state aid program only, an American Indian tribal
2.31government with a tribal police department which exercises state arrest powers under
2.32section626.90 ,
626.91 ,
626.92 , or
626.93 ;
2.33 (7) for purposes of the police state aid program only, the Metropolitan Airports
2.34Commission; and
3.1 (8) for purposes of the police state aid program only, the Department of Natural
3.2Resources and the Department of Public Safety with respect to peace officers covered
3.3under chapter 352B.
3.4 (c) "Minnesota Firetown Premium Report" means a form prescribed by the
3.5commissioner containing space for reporting by insurers of fire, lightning, sprinkler
3.6leakage and extended coverage premiums received upon risks located or to be performed
3.7in this state less return premiums and dividends.
3.8 (d) "Firetown" means the area serviced by any municipality having a qualified fire
3.9department or a qualified incorporated fire department having a subsidiary volunteer
3.10firefighters' relief association.
3.11 (e) "Estimated market value" means latest available estimated market value of all
3.12property in a taxing jurisdiction, whether the property is subject to taxation, or exempt
3.13from ad valorem taxation obtained from information which appears on abstracts filed with
3.14the commissioner of revenue or equalized by the State Board of Equalization.
3.15 (f) "Minnesota Aid to Police Premium Report" means a form prescribed by the
3.16commissioner for reporting by each fire and casualty insurer of all premiums received
3.17upon direct business received by it in this state, or by its agents for it, in cash or otherwise,
3.18during the preceding calendar year, with reference to insurance written for insuring against
3.19the perils contained in auto insurance coverages as reported in the Minnesota business
3.20schedule of the annual financial statement which each insurer is required to file with
3.21the commissioner in accordance with the governing laws or rules less return premiums
3.22and dividends.
3.23 (g) "Peace officer" means any person:
3.24 (1) whose primary source of income derived from wages is from direct employment
3.25by a municipality or county as a law enforcement officer on a full-time basis of not less
3.26than 30 hours per week;
3.27 (2) who has been employed for a minimum of six months prior to December 31
3.28preceding the date of the current year's certification under subdivision 2, clause (b);
3.29 (3) who is sworn to enforce the general criminal laws of the state and local ordinances;
3.30 (4) who is licensed by the Peace Officers Standards and Training Board and is
3.31authorized to arrest with a warrant; and
3.32 (5) who is a member of the State Patrol retirement plan or the public employees
3.33police and fire fund.
3.34 (h) "Full-time equivalent number of peace officers providing contract service" means
3.35the integral or fractional number of peace officers which would be necessary to provide
4.1the contract service if all peace officers providing service were employed on a full-time
4.2basis as defined by the employing unit and the municipality receiving the contract service.
4.3 (i) "Retirement benefits other than a service pension" means any disbursement
4.4authorized under section424A.05, subdivision 3 , clauses (3) and (4).
4.5 (j) "Municipal clerk, municipal clerk-treasurer, or county auditor" means:
4.6(1) for the police state aid program and police relief association financial reports:
4.7(i) the person who was elected or appointed to the specified position or, in the
4.8absence of the person, another person who is designated by the applicable governing body;
4.9(ii) in a park district, the secretary of the board of park district commissioners;
4.10(iii) in the case of the University of Minnesota, the official designated by the Board
4.11of Regents;
4.12(iv) for the Metropolitan Airports Commission, the person designated by the
4.13commission;
4.14(v) for the Department of Natural Resources or the Department of Public Safety, the
4.15respective commissioner;
4.16(vi) for a tribal police department which exercises state arrest powers under section
4.17626.90
,
626.91 ,
626.92 , or
626.93 , the person designated by the applicable American
4.18Indian tribal government; and
4.19(2) for the fire state aid program and fire relief association financial reports, the
4.20person who was elected or appointed to the specified position, or, for governmental
4.21entities other than counties, if the governing body of the governmental entity designates
4.22the position to perform the function, the chief financial official of the governmental entity
4.23or the chief administrative official of the governmental entity.
4.24(k) "Voluntary statewide lump-sum volunteer firefighter retirement plan" means the
4.25retirement plan established by chapter 353G.
4.26 Sec. 4. Minnesota Statutes 2012, section 69.021, subdivision 7, is amended to read:
4.27 Subd. 7. Apportionment of fire state aid to municipalities and relief associations.
4.28(a) The commissioner shall apportion the fire state aid relative to the premiums reported
4.29on the Minnesota Firetown Premium Reports filed under this chapter to each municipality
4.30and/or firefighters relief association.
4.31(b) The commissioner shall calculate an initial fire state aid allocation amount for
4.32each municipality or fire department under paragraph (c) and a minimum fire state aid
4.33allocation amount for each municipality or fire department under paragraph (d). The
4.34municipality or fire department must receive the larger fire state aid amount.
5.1(c) The initial fire state aid allocation amount is the amount available for
5.2apportionment as fire state aid under subdivision 5, without inclusion of any additional
5.3funding amount to support a minimum fire state aid amount under section423A.02,
5.4subdivision 3 , allocated one-half in proportion to the population as shown in the last official
5.5statewide federal census for each fire town and one-half in proportion to the estimated
5.6market value of each fire town, including (1) the estimated market value of tax-exempt
5.7property and (2) the estimated market value of natural resources lands receiving in lieu
5.8payments under sections477A.11 to
477A.14 , but excluding the estimated market value
5.9of minerals. In the case of incorporated or municipal fire departments furnishing fire
5.10protection to other cities, towns, or townships as evidenced by valid fire service contracts
5.11filed with the commissioner, the distribution must be adjusted proportionately to take
5.12into consideration the crossover fire protection service. Necessary adjustments must be
5.13made to subsequent apportionments. In the case of municipalities or independent fire
5.14departments qualifying for the aid, the commissioner shall calculate the state aid for the
5.15municipality or relief association on the basis of the population and the estimated market
5.16value of the area furnished fire protection service by the fire department as evidenced by
5.17duly executed and valid fire service agreements filed with the commissioner. If one or
5.18more fire departments are furnishing contracted fire service to a city, town, or township,
5.19only the population and estimated market value of the area served by each fire department
5.20may be considered in calculating the state aid and the fire departments furnishing service
5.21shall enter into an agreement apportioning among themselves the percent of the population
5.22and the estimated market value of each service area. The agreement must be in writing
5.23and must be filed with the commissioner.
5.24(d) The minimum fire state aid allocation amount is the amount in addition to the
5.25initial fire state allocation amount that is derived from any additional funding amount
5.26to support a minimum fire state aid amount under section423A.02, subdivision 3 , and
5.27allocated to municipalities with volunteer firefighters relief associations or covered by the
5.28voluntary statewide lump-sum volunteer firefighter retirement plan based on the number
5.29of active volunteer firefighters who are members of the relief association as reported
5.30in the annual financial reporting for the calendar year 1993 to the Office of the State
5.31Auditor, but not to exceed 30 active volunteer firefighters, so that all municipalities or
5.32fire departments with volunteer firefighters relief associations receive in total at least a
5.33minimum fire state aid amount per 1993 active volunteer firefighter to a maximum of
5.3430 firefighters. If a relief association is established after calendar year 1993 and before
5.35calendar year 2000, the number of active volunteer firefighters who are members of the
5.36relief association as reported in the annual financial reporting for calendar year 1998
6.1to the Office of the State Auditor, but not to exceed 30 active volunteer firefighters,
6.2shall be used in this determination. If a relief association is established after calendar
6.3year 1999, the number of active volunteer firefighters who are members of the relief
6.4association as reported in the first annual financial reporting submitted to the Office of
6.5the State Auditor, but not to exceed 20 active volunteer firefighters, must be used in this
6.6determination. If a relief association is terminated as a result of providing retirement
6.7coverage for volunteer firefighters by the voluntary statewide lump-sum volunteer
6.8firefighter retirement plan under chapter 353G, the number of active volunteer firefighters
6.9of the municipality covered by the statewide plan as certified by the executive director of
6.10the Public Employees Retirement Association to the commissioner and the state auditor,
6.11but not to exceed 30 active firefighters, must be used in this determination.
6.12(e) Unless the firefighters of the applicable fire department are members of the
6.13voluntary statewide lump-sum volunteer firefighter retirement plan, the fire state aid must
6.14be paid to the treasurer of the municipality where the fire department is located and the
6.15treasurer of the municipality shall, within 30 days of receipt of the fire state aid, transmit
6.16the aid to the relief association if the relief association has filed a financial report with the
6.17treasurer of the municipality and has met all other statutory provisions pertaining to the
6.18aid apportionment. If the firefighters of the applicable fire department are members of
6.19the voluntary statewide lump-sum volunteer firefighter retirement plan, the fire state aid
6.20must be paid to the executive director of the Public Employees Retirement Association
6.21and deposited in the voluntary statewide lump-sum volunteer firefighter retirement fund.
6.22(f) The commissioner may make rules to permit the administration of the provisions
6.23of this section.
6.24(g) Any adjustments needed to correct prior misallocations must be made to
6.25subsequent apportionments.
6.26 Sec. 5. Minnesota Statutes 2012, section 69.021, subdivision 8, is amended to read:
6.27 Subd. 8. Population and estimated market value. (a) In computations relating to
6.28fire state aid requiring the use of population figures, only official statewide federal census
6.29figures are to be used. Increases or decreases in population disclosed by reason of any
6.30special census must not be taken into consideration.
6.31(b) In calculations relating to fire state aid requiring the use of estimated market
6.32value property figures, only the latest available estimated market value property figures
6.33may be used.
6.34 Sec. 6. Minnesota Statutes 2012, section 88.51, subdivision 3, is amended to read:
7.1 Subd. 3. Determination of estimated market value. In determining the net tax
7.2capacity of property within any taxing district the value of the surface of lands within any
7.3auxiliary forest therein, as determined by the county board under the provisions of section
7.488.48, subdivision 3
, shall, for all purposes except the levying of taxes on lands within any
7.5such forest, be deemed the estimated market value thereof.
7.6 Sec. 7. Minnesota Statutes 2012, section 103B.245, subdivision 3, is amended to read:
7.7 Subd. 3. Tax. After adoption of the ordinance under subdivision 2, a local
7.8government unit may annually levy a tax on all taxable property in the district for the
7.9purposes for which the tax district is established. The tax may not exceed 0.02418 percent
7.10of estimated market value on taxable property located in rural towns other than urban
7.11towns, unless allowed by resolution of the town electors. The proceeds of the tax shall
7.12be paid into a fund reserved for these purposes. Any proceeds remaining in the reserve
7.13fund at the time the tax is terminated or the district is dissolved shall be transferred and
7.14irrevocably pledged to the debt service fund of the local unit to be used solely to reduce
7.15tax levies for bonded indebtedness of taxable property in the district.
7.16 Sec. 8. Minnesota Statutes 2012, section 103B.251, subdivision 8, is amended to read:
7.17 Subd. 8. Tax. (a) For the payment of principal and interest on the bonds issued
7.18under subdivision 7 and the payment required under subdivision 6, the county shall
7.19irrevocably pledge and appropriate the proceeds of a tax levied on all taxable property
7.20located within the territory of the watershed management organization or subwatershed
7.21unit for which the bonds are issued. Each year until the reserve for payment of the bonds
7.22is sufficient to retire the bonds, the county shall levy on all taxable property in the territory
7.23of the organization or unit, without respect to any statutory or other limitation on taxes, an
7.24amount of taxes sufficient to pay principal and interest on the bonds and to restore any
7.25deficiencies in reserves required to be maintained for payment of the bonds.
7.26(b) The tax levied on rural towns other than urban towns may not exceed 0.02418
7.27percent oftaxable estimated market value, unless approved by resolution of the town
7.28electors.
7.29(c) If at any time the amounts available from the levy on property in the territory of
7.30the organization are insufficient to pay principal and interest on the bonds when due, the
7.31county shall make payment from any available funds in the county treasury.
7.32(d) The amount of any taxes which are required to be levied outside of the territory
7.33of the watershed management organization or unit or taken from the general funds of the
8.1county to pay principal or interest on the bonds shall be reimbursed to the county from
8.2taxes levied within the territory of the watershed management organization or unit.
8.3 Sec. 9. Minnesota Statutes 2012, section 103B.635, subdivision 2, is amended to read:
8.4 Subd. 2. Municipal funding of district. (a) The governing body or board of
8.5supervisors of each municipality in the district must provide the funds necessary to meet
8.6its proportion of the total cost determined by the board, provided the total funding from
8.7all municipalities in the district for the costs shall not exceed an amount equal to .00242
8.8percent of the totaltaxable estimated market value within the district, unless three-fourths
8.9of the municipalities in the district pass a resolution concurring to the additional costs.
8.10(b) The funds must be deposited in the treasury of the district in amounts and at
8.11times as the treasurer of the district requires.
8.12 Sec. 10. Minnesota Statutes 2012, section 103B.691, subdivision 2, is amended to read:
8.13 Subd. 2. Municipal funding of district. (a) The governing body or board of
8.14supervisors of each municipality in the district shall provide the funds necessary to meet its
8.15proportion of the total cost to be borne by the municipalities as finally certified by the board.
8.16(b) The municipality's funds may be raised by any means within the authority of
8.17the municipality. The municipalities may each levy a tax not to exceed .02418 percent of
8.18taxable estimated market value on the taxable property located in the district to provide
8.19the funds. The levy shall be within all other limitations provided by law.
8.20(c) The funds must be deposited into the treasury of the district in amounts and at
8.21times as the treasurer of the district requires.
8.22 Sec. 11. Minnesota Statutes 2012, section 103D.905, subdivision 2, is amended to read:
8.23 Subd. 2. Organizational expense fund. (a) An organizational expense fund,
8.24consisting of an ad valorem tax levy, shall not exceed 0.01596 percent oftaxable estimated
8.25 market value, or $60,000, whichever is less. The money in the fund shall be used for
8.26organizational expenses and preparation of the watershed management plan for projects.
8.27(b) The managers may borrow from the affected counties up to 75 percent of the
8.28anticipated funds to be collected from the organizational expense fund levy and the
8.29counties affected may make the advancements.
8.30(c) The advancement of anticipated funds shall be apportioned among affected
8.31counties in the same ratio as the net tax capacity of the area of the counties within
8.32the watershed district bears to the net tax capacity of the entire watershed district. If a
9.1watershed district is enlarged, an organizational expense fund may be levied against the
9.2area added to the watershed district in the same manner as provided in this subdivision.
9.3(d) Unexpended funds collected for the organizational expense may be transferred to
9.4the administrative fund and used for the purposes of the administrative fund.
9.5 Sec. 12. Minnesota Statutes 2012, section 103D.905, subdivision 3, is amended to read:
9.6 Subd. 3. General fund. A general fund, consisting of an ad valorem tax levy, may
9.7not exceed 0.048 percent oftaxable estimated market value, or $250,000, whichever is
9.8less. The money in the fund shall be used for general administrative expenses and for
9.9the construction or implementation and maintenance of projects of common benefit to
9.10the watershed district. The managers may make an annual levy for the general fund as
9.11provided in section103D.911 . In addition to the annual general levy, the managers may
9.12annually levy a tax not to exceed 0.00798 percent oftaxable estimated market value
9.13for a period not to exceed 15 consecutive years to pay the cost attributable to the basic
9.14water management features of projects initiated by petition of a political subdivision
9.15within the watershed district or by petition of at least 50 resident owners whose property
9.16is within the watershed district.
9.17 Sec. 13. Minnesota Statutes 2012, section 103D.905, subdivision 8, is amended to read:
9.18 Subd. 8. Survey and data acquisition fund. (a) A survey and data acquisition fund
9.19is established and used only if other funds are not available to the watershed district to pay
9.20for making necessary surveys and acquiring data.
9.21(b) The survey and data acquisition fund consists of the proceeds of a property tax
9.22that can be levied only once every five years. The levy may not exceed 0.02418 percent of
9.23taxable estimated market value.
9.24(c) The balance of the survey and data acquisition fund may not exceed $50,000.
9.25(d) In a subsequent proceeding for a project where a survey has been made, the
9.26attributable cost of the survey as determined by the managers shall be included as a part of
9.27the cost of the work and the sum shall be repaid to the survey and data acquisition fund.
9.28 Sec. 14. Minnesota Statutes 2012, section 117.025, subdivision 7, is amended to read:
9.29 Subd. 7. Structurally substandard. "Structurally substandard" means a building:
9.30(1) that was inspected by the appropriate local government and cited for one or more
9.31enforceable housing, maintenance, or building code violations;
9.32(2) in which the cited building code violations involve one or more of the following:
9.33(i) a roof and roof framing element;
10.1(ii) support walls, beams, and headers;
10.2(iii) foundation, footings, and subgrade conditions;
10.3(iv) light and ventilation;
10.4(v) fire protection, including egress;
10.5(vi) internal utilities, including electricity, gas, and water;
10.6(vii) flooring and flooring elements; or
10.7(viii) walls, insulation, and exterior envelope;
10.8(3) in which the cited housing, maintenance, or building code violations have not
10.9been remedied after two notices to cure the noncompliance; and
10.10(4) has uncured housing, maintenance, and building code violations, satisfaction of
10.11which would cost more than 50 percent of theassessor's taxable estimated market value
10.12for the building, excluding land value, as determined under section273.11 for property
10.13taxes payable in the year in which the condemnation is commenced.
10.14A local government is authorized to seek from a judge or magistrate an administrative
10.15warrant to gain access to inspect a specific building in a proposed development or
10.16redevelopment area upon showing of probable cause that a specific code violation has
10.17occurred and that the violation has not been cured, and that the owner has denied the local
10.18government access to the property. Items of evidence that may support a conclusion of
10.19probable cause may include recent fire or police inspections, housing inspection, exterior
10.20evidence of deterioration, or other similar reliable evidence of deterioration in the specific
10.21building.
10.22 Sec. 15. Minnesota Statutes 2012, section 127A.48, subdivision 1, is amended to read:
10.23 Subdivision 1. Computation. The Department of Revenue must annually conduct
10.24an assessment/sales ratio study of the taxable property in each county, city, town, and
10.25school district in accordance with the procedures in subdivisions 2 and 3. Based upon the
10.26results of this assessment/sales ratio study, the Department of Revenue must determine an
10.27aggregate equalized net tax capacity for the various classes of taxable property in each
10.28taxing district, the aggregate of whichtax capacity shall be is designated as the adjusted net
10.29tax capacity. The adjusted net tax capacity must be reduced by the captured tax capacity of
10.30tax increment districts under section 469.177, subdivision 2, fiscal disparities contribution
10.31tax capacities under sections 276A.06 and 473F.08, and the tax capacity of transmission
10.32lines required to be subtracted from the local tax base under section 273.425; and increased
10.33by fiscal disparities distribution tax capacities under sections 276A.06 and 473F.08. The
10.34adjusted net tax capacities shall be determined using the net tax capacity percentages in
10.35effect for the assessment year following the assessment year of the study. The Department
11.1of Revenue must make whatever estimates are necessary to account for changes in the
11.2classification system. The Department of Revenue may incur the expense necessary to
11.3make the determinations. The commissioner of revenue may reimburse any county or
11.4governmental official for requested services performed in ascertaining the adjusted net tax
11.5capacity. On or before March 15 annually, the Department of Revenue shall file with the
11.6chair of the Tax Committee of the house of representatives and the chair of the Committee
11.7on Taxes and Tax laws of the senate a report of adjusted net tax capacities for school
11.8districts. On or before June 15 annually, the Department of Revenue shall file its final report
11.9on the adjusted net tax capacities for school districts established by the previous year's
11.10assessments and the current year's net tax capacity percentages with the commissioner of
11.11education and each county auditor for those school districts for which the auditor has the
11.12responsibility for determination of local tax rates. A copy of the report so filed shall be
11.13mailed to the clerk of each school district involved and to the county assessor or supervisor
11.14of assessments of the county or counties in which each school district is located.
11.15EFFECTIVE DATE.This section is effective the day following final enactment.
11.16 Sec. 16. Minnesota Statutes 2012, section 138.053, is amended to read:
11.17138.053 COUNTY HISTORICAL SOCIETY; TAX LEVY; CITIES OR
11.18TOWNS.
11.19The governing body of any home rule charter or statutory city or town may annually
11.20appropriate from its general fund an amount not to exceed 0.02418 percent oftaxable
11.21 estimated market value, derived from ad valorem taxes on property or other revenues, to
11.22be paid to the historical society of its respective county to be used for the promotion of
11.23historical work and to aid in defraying the expenses of carrying on the historical work in the
11.24county. No city or town may appropriate any funds for the benefit of any historical society
11.25unless the society is affiliated with and approved by the Minnesota Historical Society.
11.26 Sec. 17. Minnesota Statutes 2012, section 144F.01, subdivision 4, is amended to read:
11.27 Subd. 4. Property tax levy authority. The district's board may levy a tax on the
11.28taxable real and personal property in the district. The ad valorem tax levy may not exceed
11.290.048 percent of thetaxable estimated market value of the district or $400,000, whichever
11.30is less. The proceeds of the levy must be used as provided in subdivision 5. The board shall
11.31certify the levy at the times as provided under section275.07 . The board shall provide the
11.32county with whatever information is necessary to identify the property that is located within
11.33the district. If the boundaries include a part of a parcel, the entire parcel shall be included
12.1in the district. The county auditors must spread, collect, and distribute the proceeds of the
12.2tax at the same time and in the same manner as provided by law for all other property taxes.
12.3 Sec. 18. Minnesota Statutes 2012, section 162.07, subdivision 3, is amended to read:
12.4 Subd. 3. Computation for rural counties. An amount equal to a levy of 0.01596
12.5percent on each rural county's totaltaxable estimated market value for the last preceding
12.6calendar year shall be computed and shall be subtracted from the county's total estimated
12.7construction costs. The result thereof shall be the money needs of the county. For the
12.8purpose of this section, "rural counties" means all counties having a population of less
12.9than 175,000.
12.10 Sec. 19. Minnesota Statutes 2012, section 162.07, subdivision 4, is amended to read:
12.11 Subd. 4. Computation for urban counties. An amount equal to a levy of 0.00967
12.12percent on each urban county's totaltaxable estimated market value for the last preceding
12.13calendar year shall be computed and shall be subtracted from the county's total estimated
12.14construction costs. The result thereof shall be the money needs of the county. For
12.15the purpose of this section, "urban counties" means all counties having a population
12.16of 175,000 or more.
12.17 Sec. 20. Minnesota Statutes 2012, section 163.04, subdivision 3, is amended to read:
12.18 Subd. 3. Bridges within certain cities. When the council of any statutory city or
12.19city of the third or fourth class may determine that it is necessary to build or improve any
12.20bridge or bridges, including approaches thereto, and any dam or retaining works connected
12.21therewith, upon or forming a part of streets or highways either wholly or partly within
12.22its limits, the county board shall appropriate one-half of the money as may be necessary
12.23therefor from the county road and bridge fund, not exceeding during any year one-half
12.24the amount of taxes paid into the county road and bridge fund during the preceding year,
12.25on property within the corporate limits of the city. The appropriation shall be made upon
12.26the petition of the council, which petition shall be filed by the council with the county
12.27board prior to the fixing by the board of the annual county tax levy. The county board
12.28shall determine the plans and specifications, shall let all necessary contracts, shall have
12.29charge of construction, and upon its request, warrants in payment thereof shall be issued
12.30by the county auditor, from time to time, as the construction work proceeds. Any unpaid
12.31balance may be paid or advanced by the city. On petition of the council, the appropriations
12.32of the county board, during not to exceed three successive years, may be made to apply
12.33on the construction of the same items and to repay any money advanced by the city in
13.1the construction thereof. None of the provisions of this section shall be construed to
13.2be mandatory as applied to any city whose estimated market value exceeds $2,100 per
13.3capita of its population.
13.4 Sec. 21. Minnesota Statutes 2012, section 163.06, subdivision 6, is amended to read:
13.5 Subd. 6. Expenditure in certain counties. In any county having not less than 95
13.6nor more than 105 full and fractional townships, and havinga an estimated market value
13.7of not less than $12,000,000 nor more than $21,000,000,exclusive of money and credits,
13.8 the county board, by resolution, may expend the funds provided in subdivision 4 in any
13.9organized or unorganized township or portion thereof in such county.
13.10 Sec. 22. Minnesota Statutes 2012, section 165.10, subdivision 1, is amended to read:
13.11 Subdivision 1. Certain counties may issue and sell. The county board of any
13.12county having no outstanding road and bridge bonds may issue and sell county road bonds
13.13in an amount not exceeding 0.12089 percent of the estimated market value of the taxable
13.14property within the countyexclusive of money and credits, for the purpose of constructing,
13.15reconstructing, improving, or maintaining any bridge or bridges on any highway under its
13.16jurisdiction, without submitting the matter to a vote of the electors of the county.
13.17 Sec. 23. Minnesota Statutes 2012, section 272.03, is amended by adding a subdivision
13.18to read:
13.19 Subd. 14. Estimated market value. "Estimated market value" means the assessor's
13.20determination of market value, including the effects of any orders made under section
13.21270.12 or chapter 274, for the parcel. The provisions of section 273.032 apply for certain
13.22uses in determining the total estimated market value for the taxing jurisdiction.
13.23 Sec. 24. Minnesota Statutes 2012, section 272.03, is amended by adding a subdivision
13.24to read:
13.25 Subd. 15. Taxable market value. "Taxable market value" means estimated market
13.26value for the parcel as reduced by market value exclusions, deferments of value, or other
13.27adjustments required by law, that reduce market value before the application of class rates.
13.28 Sec. 25. Minnesota Statutes 2012, section 273.032, is amended to read:
13.29273.032 MARKET VALUE DEFINITION.
13.30(a) Unless otherwise provided, for the purpose of determining any property tax
13.31levy limitation based on market value or any limit on net debt, the issuance of bonds,
14.1certificates of indebtedness, or capital notes based on market value, any qualification to
14.2receive state aid based on market value, or any state aid amount based on market value, the
14.3terms "market value," "taxable estimated market value," and "market valuation," whether
14.4equalized or unequalized, mean thetotal taxable estimated market value of taxable property
14.5within the local unit of government before any of the following or similar adjustments for:
14.6(1) the market value exclusions under:
14.7(i) section 273.11, subdivisions 14a and 14c (vacant platted land);
14.8(ii) section 273.11, subdivision 16 (certain improvements to homestead property);
14.9(iii) section 273.11, subdivisions 19 and 20 (certain improvements to business
14.10properties);
14.11(iv) section 273.11, subdivision 21 (homestead property damaged by mold);
14.12(v) section 273.11, subdivision 22 (qualifying lead hazardous reduction projects);
14.13(vi) section 273.13, subdivision 34 (homestead of a disabled veteran or family
14.14caregiver);
14.15(vii) section 273.13, subdivision 35 (homestead market value exclusion); or
14.16(2) the deferment of value under:
14.17(i) the Minnesota Agricultural Property Tax Law, section 273.111;
14.18(ii) the Aggregate Resource Preservation Law, section 273.1115;
14.19(iii) the Minnesota Open Space Property Tax Law, section 273.112;
14.20(iv) the rural preserves property tax program, section 273.114; or
14.21(v) the Metropolitan Agricultural Preserves Act, section 473H.10; or
14.22(3) the adjustments to tax capacity for:
14.23(i) tax increment, financing under sections 469.174 to 469.1794;
14.24(ii) fiscaldisparity, disparities under chapter 276A or 473F; or
14.25(iii) powerline credit, or wind energy values, but after the limited market adjustments
14.26under section
273.11, subdivision 1a, and after the market value exclusions of certain
14.27improvements to homestead property under section
273.11, subdivision 16 under section
14.28273.425.
14.29(b) Estimated market value under paragraph (a) also includes the market value
14.30of tax-exempt property if the applicable law specifically provides that the limitation,
14.31qualification, or aid calculation includes tax-exempt property.
14.32(c) Unless otherwise provided, "market value," "taxable estimated market value,"
14.33and "market valuation" for purposes ofthis paragraph property tax levy limitations and
14.34calculation of state aid, refer to thetaxable estimated market value for the previous
14.35assessment year and for purposes of limits on net debt, the issuance of bonds, certificates of
14.36indebtedness, or capital notes refer to the estimated market value as last finally equalized.
15.1For the purpose of determining any net debt limit based on market value, or any limit
15.2on the issuance of bonds, certificates of indebtedness, or capital notes based on market
15.3value, the terms "market value," "taxable market value," and "market valuation," whether
15.4equalized or unequalized, mean the total taxable market value of property within the local
15.5unit of government before any adjustments for tax increment, fiscal disparity, powerline
15.6credit, or wind energy values, but after the limited market value adjustments under section
15.7273.11, subdivision 1a, and after the market value exclusions of certain improvements to
15.8homestead property under section
273.11, subdivision 16. Unless otherwise provided,
15.9"market value," "taxable market value," and "market valuation" for purposes of this
15.10paragraph, mean the taxable market value as last finally equalized.
15.11(d) For purposes of a provision of a home rule charter or of any special law that is not
15.12codified in the statutes and that imposes a levy limitation based on market value or any limit
15.13on debt, the issuance of bonds, certificates of indebtedness, or capital notes based on market
15.14value, the terms "market value," "taxable market value," and "market valuation," whether
15.15equalized or unequalized, mean "estimated market value" as defined in paragraph (a).
15.16 Sec. 26. Minnesota Statutes 2012, section 273.11, subdivision 1, is amended to read:
15.17 Subdivision 1. Generally. Except as provided in this section or section273.17,
15.18subdivision 1 , all property shall be valued at its market value. The market value as
15.19determined pursuant to this section shall be stated such that any amount under $100 is
15.20rounded up to $100 and any amount exceeding $100 shall be rounded to the nearest $100.
15.21In estimating and determining such value, the assessor shall not adopt a lower or different
15.22standard of value because the same is to serve as a basis of taxation, nor shall the assessor
15.23adopt as a criterion of value the price for which such property would sell at a forced sale,
15.24or in the aggregate with all the property in the town or district; but the assessor shall value
15.25each article or description of property by itself, and at such sum or price as the assessor
15.26believes the same to be fairly worth in money. The assessor shall take into account the
15.27effect on the market value of property of environmental factors in the vicinity of the
15.28property. In assessing any tract or lot of real property, the value of the land, exclusive of
15.29structures and improvements, shall be determined, and also the value of all structures and
15.30improvements thereon, and the aggregate value of the property, including all structures
15.31and improvements, excluding the value of crops growing upon cultivated land. In valuing
15.32real property upon which there is a mine or quarry, it shall be valued at such price as such
15.33property, including the mine or quarry, would sell for at a fair, voluntary sale, for cash,
15.34if the material being mined or quarried is not subject to taxation under section298.015
15.35and the mine or quarry is not exempt from the general property tax under section298.25 .
16.1In valuing real property which is vacant, platted property shall be assessed as provided
16.2insubdivision 14 subdivisions 14a and 14c. All property, or the use thereof, which is
16.3taxable under section272.01, subdivision 2 , or
273.19 , shall be valued at the market
16.4value of such property and not at the value of a leasehold estate in such property, or at
16.5some lesser value than its market value.
16.6 Sec. 27. Minnesota Statutes 2012, section 273.124, subdivision 3a, is amended to read:
16.7 Subd. 3a. Manufactured home park cooperative. (a) When a manufactured home
16.8park is owned by a corporation or association organized under chapter 308A or 308B,
16.9and each person who owns a share or shares in the corporation or association is entitled
16.10to occupy a lot within the park, the corporation or association may claim homestead
16.11treatment for the park. Each lot must be designated by legal description or number, and
16.12each lot is limited to not more than one-half acre of land.
16.13(b) The manufactured home park shall be entitled to homestead treatment if all
16.14of the following criteria are met:
16.15(1) the occupant or the cooperative corporation or association is paying the ad
16.16valorem property taxes and any special assessments levied against the land and structure
16.17either directly, or indirectly through dues to the corporation or association; and
16.18(2) the corporation or association organized under chapter 308A or 308B is wholly
16.19owned by persons having a right to occupy a lot owned by the corporation or association.
16.20(c) A charitable corporation, organized under the laws of Minnesota with no
16.21outstanding stock, and granted a ruling by the Internal Revenue Service for 501(c)(3)
16.22tax-exempt status, qualifies for homestead treatment with respect to a manufactured home
16.23park if its members hold residential participation warrants entitling them to occupy a lot
16.24in the manufactured home park.
16.25(d) "Homestead treatment" under this subdivision means the class rate provided for
16.26class 4c property classified under section273.13, subdivision 25 , paragraph (d), clause (5),
16.27item (ii). The homestead market valuecredit exclusion under section
273.1384 273.13,
16.28subdivision 35, does not apply and the property taxes assessed against the park shall not
16.29be included in the determination of taxes payable for rent paid under section290A.03 .
16.30EFFECTIVE DATE.This section is effective for taxes payable in 2013 and
16.31thereafter.
16.32 Sec. 28. Minnesota Statutes 2012, section 273.124, subdivision 13, is amended to read:
17.1 Subd. 13. Homestead application. (a) A person who meets the homestead
17.2requirements under subdivision 1 must file a homestead application with the county
17.3assessor to initially obtain homestead classification.
17.4 (b) The format and contents of a uniform homestead application shall be prescribed
17.5by the commissioner of revenue. The application must clearly inform the taxpayer that
17.6this application must be signed by all owners who occupy the property or by the qualifying
17.7relative and returned to the county assessor in order for the property to receive homestead
17.8treatment.
17.9 (c) Every property owner applying for homestead classification must furnish to the
17.10county assessor the Social Security number of each occupant who is listed as an owner
17.11of the property on the deed of record, the name and address of each owner who does not
17.12occupy the property, and the name and Social Security number of each owner's spouse who
17.13occupies the property. The application must be signed by each owner who occupies the
17.14property and by each owner's spouse who occupies the property, or, in the case of property
17.15that qualifies as a homestead under subdivision 1, paragraph (c), by the qualifying relative.
17.16 If a property owner occupies a homestead, the property owner's spouse may not
17.17claim another property as a homestead unless the property owner and the property owner's
17.18spouse file with the assessor an affidavit or other proof required by the assessor stating that
17.19the property qualifies as a homestead under subdivision 1, paragraph (e).
17.20 Owners or spouses occupying residences owned by their spouses and previously
17.21occupied with the other spouse, either of whom fail to include the other spouse's name
17.22and Social Security number on the homestead application or provide the affidavits or
17.23other proof requested, will be deemed to have elected to receive only partial homestead
17.24treatment of their residence. The remainder of the residence will be classified as
17.25nonhomestead residential. When an owner or spouse's name and Social Security number
17.26appear on homestead applications for two separate residences and only one application is
17.27signed, the owner or spouse will be deemed to have elected to homestead the residence for
17.28which the application was signed.
17.29 The Social Security numbers, state or federal tax returns or tax return information,
17.30including the federal income tax schedule F required by this section, or affidavits or other
17.31proofs of the property owners and spouses submitted under this or another section to
17.32support a claim for a property tax homestead classification are private data on individuals as
17.33defined by section13.02, subdivision 12 , but, notwithstanding that section, the private data
17.34may be disclosed to the commissioner of revenue, or, for purposes of proceeding under the
17.35Revenue Recapture Act to recover personal property taxes owing, to the county treasurer.
18.1 (d) If residential real estate is occupied and used for purposes of a homestead by a
18.2relative of the owner and qualifies for a homestead under subdivision 1, paragraph (c), in
18.3order for the property to receive homestead status, a homestead application must be filed
18.4with the assessor. The Social Security number of each relative and spouse of a relative
18.5occupying the property shall be required on the homestead application filed under this
18.6subdivision. If a different relative of the owner subsequently occupies the property, the
18.7owner of the property must notify the assessor within 30 days of the change in occupancy.
18.8The Social Security number of a relative or relative's spouse occupying the property
18.9is private data on individuals as defined by section13.02, subdivision 12 , but may be
18.10disclosed to the commissioner of revenue, or, for the purposes of proceeding under the
18.11Revenue Recapture Act to recover personal property taxes owing, to the county treasurer.
18.12 (e) The homestead application shall also notify the property owners that the
18.13application filed under this section will not be mailed annually and that if the property
18.14is granted homestead status for any assessment year, that same property shall remain
18.15classified as homestead until the property is sold or transferred to another person, or
18.16the owners, the spouse of the owner, or the relatives no longer use the property as their
18.17homestead. Upon the sale or transfer of the homestead property, a certificate of value must
18.18be timely filed with the county auditor as provided under section272.115 . Failure to
18.19notify the assessor within 30 days that the property has been sold, transferred, or that the
18.20owner, the spouse of the owner, or the relative is no longer occupying the property as a
18.21homestead, shall result in the penalty provided under this subdivision and the property
18.22will lose its current homestead status.
18.23 (f) If the homestead application is not returned within 30 days, the county will send a
18.24second application to the present owners of record. The notice of proposed property taxes
18.25prepared under section275.065, subdivision 3 , shall reflect the property's classification. If
18.26a homestead application has not been filed with the county by December 15, the assessor
18.27shall classify the property as nonhomestead for the current assessment year for taxes
18.28payable in the following year, provided that the owner may be entitled to receive the
18.29homestead classification by proper application under section375.192 .
18.30 (g) At the request of the commissioner, each county must give the commissioner a
18.31list that includes the name and Social Security number of each occupant of homestead
18.32property who is the property owner, property owner's spouse, qualifying relative of a
18.33property owner, or a spouse of a qualifying relative. The commissioner shall use the
18.34information provided on the lists as appropriate under the law, including for the detection
18.35of improper claims by owners, or relatives of owners, under chapter 290A.
19.1 (h) If the commissioner finds that a property owner may be claiming a fraudulent
19.2homestead, the commissioner shall notify the appropriate counties. Within 90 days of
19.3the notification, the county assessor shall investigate to determine if the homestead
19.4classification was properly claimed. If the property owner does not qualify, the county
19.5assessor shall notify the county auditor who will determine the amount of homestead
19.6benefits that had been improperly allowed. For the purpose of this section, "homestead
19.7benefits" means the tax reduction resulting from the classification as a homestead and the
19.8homestead market value exclusion under section273.13 , the taconite homestead credit
19.9under section273.135 , the residential homestead and agricultural homestead credits credit
19.10 under section273.1384 , and the supplemental homestead credit under section
273.1391 .
19.11 The county auditor shall send a notice to the person who owned the affected property
19.12at the time the homestead application related to the improper homestead was filed,
19.13demanding reimbursement of the homestead benefits plus a penalty equal to 100 percent
19.14of the homestead benefits. The person notified may appeal the county's determination
19.15by serving copies of a petition for review with county officials as provided in section
19.16278.01
and filing proof of service as provided in section
278.01 with the Minnesota Tax
19.17Court within 60 days of the date of the notice from the county. Procedurally, the appeal
19.18is governed by the provisions in chapter 271 which apply to the appeal of a property tax
19.19assessment or levy, but without requiring any prepayment of the amount in controversy. If
19.20the amount of homestead benefits and penalty is not paid within 60 days, and if no appeal
19.21has been filed, the county auditor shall certify the amount of taxes and penalty to the county
19.22treasurer. The county treasurer will add interest to the unpaid homestead benefits and
19.23penalty amounts at the rate provided in section279.03 for real property taxes becoming
19.24delinquent in the calendar year during which the amount remains unpaid. Interest may be
19.25assessed for the period beginning 60 days after demand for payment was made.
19.26 If the person notified is the current owner of the property, the treasurer may add the
19.27total amount of homestead benefits, penalty, interest, and costs to the ad valorem taxes
19.28otherwise payable on the property by including the amounts on the property tax statements
19.29under section276.04, subdivision 3 . The amounts added under this paragraph to the ad
19.30valorem taxes shall include interest accrued through December 31 of the year preceding
19.31the taxes payable year for which the amounts are first added. These amounts, when added
19.32to the property tax statement, become subject to all the laws for the enforcement of real or
19.33personal property taxes for that year, and for any subsequent year.
19.34 If the person notified is not the current owner of the property, the treasurer may
19.35collect the amounts due under the Revenue Recapture Act in chapter 270A, or use any of
19.36the powers granted in sections277.20 and
277.21 without exclusion, to enforce payment
20.1of the homestead benefits, penalty, interest, and costs, as if those amounts were delinquent
20.2tax obligations of the person who owned the property at the time the application related to
20.3the improperly allowed homestead was filed. The treasurer may relieve a prior owner of
20.4personal liability for the homestead benefits, penalty, interest, and costs, and instead extend
20.5those amounts on the tax lists against the property as provided in this paragraph to the extent
20.6that the current owner agrees in writing. On all demands, billings, property tax statements,
20.7and related correspondence, the county must list and state separately the amounts of
20.8homestead benefits, penalty, interest and costs being demanded, billed or assessed.
20.9 (i) Any amount of homestead benefits recovered by the county from the property
20.10owner shall be distributed to the county, city or town, and school district where the
20.11property is located in the same proportion that each taxing district's levy was to the total
20.12of the three taxing districts' levy for the current year. Any amount recovered attributable
20.13to taconite homestead credit shall be transmitted to the St. Louis County auditor to be
20.14deposited in the taconite property tax relief account. Any amount recovered that is
20.15attributable to supplemental homestead credit is to be transmitted to the commissioner of
20.16revenue for deposit in the general fund of the state treasury. The total amount of penalty
20.17collected must be deposited in the county general fund.
20.18 (j) If a property owner has applied for more than one homestead and the county
20.19assessors cannot determine which property should be classified as homestead, the county
20.20assessors will refer the information to the commissioner. The commissioner shall make
20.21the determination and notify the counties within 60 days.
20.22 (k) In addition to lists of homestead properties, the commissioner may ask the
20.23counties to furnish lists of all properties and the record owners. The Social Security
20.24numbers and federal identification numbers that are maintained by a county or city
20.25assessor for property tax administration purposes, and that may appear on the lists retain
20.26their classification as private or nonpublic data; but may be viewed, accessed, and used by
20.27the county auditor or treasurer of the same county for the limited purpose of assisting the
20.28commissioner in the preparation of microdata samples under section270C.12 .
20.29 (l) On or before April 30 each year beginning in 2007, each county must provide the
20.30commissioner with the following data for each parcel of homestead property by electronic
20.31means as defined in section289A.02, subdivision 8 :
20.32 (i) the property identification number assigned to the parcel for purposes of taxes
20.33payable in the current year;
20.34 (ii) the name and Social Security number of each occupant of homestead property
20.35who is the property owner, property owner's spouse, qualifying relative of a property
20.36owner, or spouse of a qualifying relative;
21.1 (iii) the classification of the property under section273.13 for taxes payable in the
21.2current year and in the prior year;
21.3 (iv) an indication of whether the property was classified as a homestead for taxes
21.4payable in the current year because of occupancy by a relative of the owner or by a
21.5spouse of a relative;
21.6 (v) the property taxes payable as defined in section290A.03, subdivision 13 , for the
21.7current year and the prior year;
21.8 (vi) the market value of improvements to the property first assessed for tax purposes
21.9for taxes payable in the current year;
21.10 (vii) the assessor's estimated market value assigned to the property for taxes payable
21.11in the current year and the prior year;
21.12 (viii) the taxable market value assigned to the property for taxes payable in the
21.13current year and the prior year;
21.14 (ix) whether there are delinquent property taxes owing on the homestead;
21.15 (x) the unique taxing district in which the property is located; and
21.16 (xi) such other information as the commissioner decides is necessary.
21.17 The commissioner shall use the information provided on the lists as appropriate
21.18under the law, including for the detection of improper claims by owners, or relatives
21.19of owners, under chapter 290A.
21.20EFFECTIVE DATE.This section is effective for taxes payable in 2013 and
21.21thereafter.
21.22 Sec. 29. Minnesota Statutes 2012, section 273.13, subdivision 21b, is amended to read:
21.23 Subd. 21b. Net tax capacity.(a) Gross tax capacity means the product of the
21.24appropriate gross class rates in this section and market values.
21.25(b) Net tax capacity means the product of the appropriate net class rates in this
21.26section and taxable market values.
21.27EFFECTIVE DATE.This section is effective the day following final enactment.
21.28 Sec. 30. Minnesota Statutes 2012, section 273.1398, subdivision 3, is amended to read:
21.29 Subd. 3. Disparity reduction aid. The amount of disparity aid certified for each
21.30taxing district within each unique taxing jurisdiction for taxes payable in the prior year
21.31shall be multiplied by the ratio of (1) the jurisdiction's tax capacity using the class rates for
21.32taxes payable in the year for which aid is being computed, to (2) its tax capacity using
21.33the class rates for taxes payable in the year prior to that for which aid is being computed,
22.1both based upon taxable market values for taxes payable in the year prior to that for which
22.2aid is being computed. If the commissioner determines that insufficient information is
22.3available to reasonably and timely calculate the numerator in this ratio for the first taxes
22.4payable year that a class rate change or new class rate is effective, the commissioner shall
22.5omit the effects of that class rate change or new class rate when calculating this ratio for
22.6aid payable in that taxes payable year. For aid payable in the year following a year for
22.7which such omission was made, the commissioner shall use in the denominator for the
22.8class that was changed or created, the tax capacity for taxes payable two years prior to that
22.9in which the aid is payable, based on taxable market values for taxes payable in the year
22.10prior to that for which aid is being computed.
22.11 Sec. 31. Minnesota Statutes 2012, section 273.1398, subdivision 4, is amended to read:
22.12 Subd. 4. Disparity reduction credit. (a) Beginning with taxes payable in 1989,
22.13class 4a and class 3a property qualifies for a disparity reduction credit if: (1) the property
22.14is located in a border city that has an enterprise zone, as defined in section469.166 ; (2)
22.15the property is located in a city with a population greater than 2,500 and less than 35,000
22.16according to the 1980 decennial census; (3) the city is adjacent to a city in another state or
22.17immediately adjacent to a city adjacent to a city in another state; and (4) the adjacent city
22.18in the other state has a population of greater than 5,000 and less than 75,000 according to
22.19the 1980 decennial census.
22.20 (b) The credit is an amount sufficient to reduce (i) the taxes levied on class 4a
22.21property to 2.3 percent of the property's taxable market value and (ii) the tax on class 3a
22.22property to 2.3 percent of taxable market value.
22.23 (c) The county auditor shall annually certify the costs of the credits to the
22.24Department of Revenue. The department shall reimburse local governments for the
22.25property taxes forgone as the result of the credits in proportion to their total levies.
22.26 Sec. 32. Minnesota Statutes 2012, section 275.011, subdivision 1, is amended to read:
22.27 Subdivision 1. Determination of levy limit. The property tax levied for any
22.28purpose under a special law that is not codified in Minnesota Statutes or a city charter
22.29provision and that is subject to a mill rate limitation imposed by the special law or city
22.30charter provision, excluding levies subject to mill rate limitations that use adjusted
22.31assessed values determined by the commissioner of revenue under section124.2131 , must
22.32not exceed the following amount for the years specified:
22.33(a) for taxes payable in 1988, the product of the applicable mill rate limitation
22.34imposed by special law or city charter provision multiplied by the total assessed valuation
23.1of all taxable property subject to the tax as adjusted by the provisions of Minnesota
23.2Statutes 1986, sections272.64 ;
273.13, subdivision 7a ; and
275.49 ;
23.3(b) for taxes payable in 1989, the product of (1) the property tax levy limitation for
23.4the taxes payable year 1988 determined under clause (a) multiplied by (2) an index for
23.5market valuation changes equal to the assessment year 1988 total market valuation of all
23.6taxable property subject to the tax divided by the assessment year 1987 total market
23.7valuation of all taxable property subject to the tax; and
23.8(c) for taxes payable in 1990 and subsequent years, the product of (1) the property
23.9tax levy limitation for the previous year determined pursuant to this subdivision multiplied
23.10by (2) an index for market valuation changes equal to the total market valuation of all
23.11taxable property subject to the tax for the current assessment year divided by the total
23.12market valuation of all taxable property subject to the tax for the previous assessment year.
23.13For the purpose of determining the property tax levy limitation for the taxes payable
23.14year1988 2014 and subsequent years under this subdivision, "total market valuation"
23.15means thetotal estimated market valuation value of all taxable property subject to the
23.16taxwithout valuation adjustments for fiscal disparities (chapters 276A and 473F), tax
23.17increment financing (sections
469.174 to 469.179), or powerline credit (section 273.425)
23.18 as provided under section 273.032.
23.19 Sec. 33. Minnesota Statutes 2012, section 275.077, subdivision 2, is amended to read:
23.20 Subd. 2. Correction of levy amount. The difference between the correct levy and
23.21the erroneous levy shall be added to the township levy for the subsequent levy year;
23.22provided that if the amount of the difference exceeds 0.12089 percent oftaxable estimated
23.23 market value, the excess shall be added to the township levy for the second and later
23.24subsequent levy years, not to exceed an additional levy of 0.12089 percent oftaxable
23.25 estimated market value in any year, until the full amount of the difference has been levied.
23.26The funds collected from the corrected levies shall be used to reimburse the county for the
23.27payment required by subdivision 1.
23.28 Sec. 34. Minnesota Statutes 2012, section 275.71, subdivision 4, is amended to read:
23.29 Subd. 4. Adjusted levy limit base. For taxes levied in 2008 through 2010, the
23.30adjusted levy limit base is equal to the levy limit base computed under subdivision 2
23.31or section275.72 , multiplied by:
23.32 (1) one plus the percentage growth in the implicit price deflator, but the percentage
23.33shall not be less than zero or exceed 3.9 percent;
24.1 (2) one plus a percentage equal to 50 percent of the percentage increase in the number
24.2of households, if any, for the most recent 12-month period for which data is available; and
24.3 (3) one plus a percentage equal to 50 percent of the percentage increase in the
24.4taxable estimated market value of the jurisdiction due to new construction of class 3
24.5property, as defined in section273.13, subdivision 4 , except for state-assessed utility and
24.6railroad property, for the most recent year for which data is available.
24.7 Sec. 35. Minnesota Statutes 2012, section 276.04, subdivision 2, is amended to read:
24.8 Subd. 2. Contents of tax statements. (a) The treasurer shall provide for the printing
24.9of the tax statements. The commissioner of revenue shall prescribe the form of the property
24.10tax statement and its contents. The tax statement must not state or imply that property tax
24.11credits are paid by the state of Minnesota. The statement must contain a tabulated statement
24.12of the dollar amount due to each taxing authority and the amount of the state tax from the
24.13parcel of real property for which a particular tax statement is prepared. The dollar amounts
24.14attributable to the county, the state tax, the voter approved school tax, the other local school
24.15tax, the township or municipality, and the total of the metropolitan special taxing districts
24.16as defined in section275.065, subdivision 3 , paragraph (i), must be separately stated.
24.17The amounts due all other special taxing districts, if any, may be aggregated except that
24.18any levies made by the regional rail authorities in the county of Anoka, Carver, Dakota,
24.19Hennepin, Ramsey, Scott, or Washington under chapter 398A shall be listed on a separate
24.20line directly under the appropriate county's levy. If the county levy under this paragraph
24.21includes an amount for a lake improvement district as defined under sections103B.501
24.22to103B.581 , the amount attributable for that purpose must be separately stated from the
24.23remaining county levy amount. In the case of Ramsey County, if the county levy under this
24.24paragraph includes an amount for public library service under section134.07 , the amount
24.25attributable for that purpose may be separated from the remaining county levy amount.
24.26The amount of the tax on homesteads qualifying under the senior citizens' property tax
24.27deferral program under chapter 290B is the total amount of property tax before subtraction
24.28of the deferred property tax amount. The amount of the tax on contamination value
24.29imposed under sections270.91 to
270.98 , if any, must also be separately stated. The dollar
24.30amounts, including the dollar amount of any special assessments, may be rounded to the
24.31nearest even whole dollar. For purposes of this section whole odd-numbered dollars may
24.32be adjusted to the next higher even-numbered dollar. The amount of market value excluded
24.33under section273.11, subdivision 16 , if any, must also be listed on the tax statement.
25.1 (b) The property tax statements for manufactured homes and sectional structures
25.2taxed as personal property shall contain the same information that is required on the
25.3tax statements for real property.
25.4 (c) Real and personal property tax statements must contain the following information
25.5in the order given in this paragraph. The information must contain the current year tax
25.6information in the right column with the corresponding information for the previous year
25.7in a column on the left:
25.8 (1) the property's estimated market value under section273.11, subdivision 1 ;
25.9(2) the property's homestead market value exclusion under section273.13 ,
25.10subdivision 35;
25.11 (3) the property's taxable market valueafter reductions under sections
273.11,
25.12subdivisions 1a and 16, and
273.13, subdivision 35 section 272.03, subdivision 15;
25.13 (4) the property's gross tax, before credits;
25.14 (5) for homestead agricultural properties, the credit under section273.1384 ;
25.15 (6) any credits received under sections273.119 ;
273.1234 or
273.1235 ;
273.135 ;
25.16273.1391
;
273.1398, subdivision 4 ;
469.171 ; and
473H.10 , except that the amount of
25.17credit received under section273.135 must be separately stated and identified as "taconite
25.18tax relief"; and
25.19 (7) the net tax payable in the manner required in paragraph (a).
25.20 (d) If the county uses envelopes for mailing property tax statements and if the county
25.21agrees, a taxing district may include a notice with the property tax statement notifying
25.22taxpayers when the taxing district will begin its budget deliberations for the current
25.23year, and encouraging taxpayers to attend the hearings. If the county allows notices to
25.24be included in the envelope containing the property tax statement, and if more than
25.25one taxing district relative to a given property decides to include a notice with the tax
25.26statement, the county treasurer or auditor must coordinate the process and may combine
25.27the information on a single announcement.
25.28 Sec. 36. Minnesota Statutes 2012, section 276A.01, subdivision 10, is amended to read:
25.29 Subd. 10. Adjusted market value. "Adjusted market value" of real and personal
25.30property within a municipality means theassessor's estimated taxable market value,
25.31as defined in section 272.03, of all real and personal property, including the value of
25.32manufactured housing, within the municipality. For purposes of sections
276A.01 to
25.33276A.09, the commissioner of revenue shall annually make determinations and reports
25.34with respect to each municipality which are comparable to those it makes for school
25.35districts, adjusted for sales ratios in a manner similar to the adjustments made to city and
26.1town net tax capacities under section127A.48, subdivisions 1 to 6 , in the same manner
26.2and at the same times prescribed by the subdivision. The commissioner of revenue shall
26.3annually determine, for each municipality, information comparable to that required by
26.4section
475.53, subdivision 4, for school districts, as soon as practicable after it becomes
26.5available. The commissioner of revenue shall then compute the equalized market value of
26.6property within each municipality.
26.7EFFECTIVE DATE.This section is effective the day following final enactment.
26.8 Sec. 37. Minnesota Statutes 2012, section 276A.01, subdivision 12, is amended to read:
26.9 Subd. 12. Fiscal capacity. "Fiscal capacity" of a municipality means itsvaluation
26.10 adjusted market value, determined as of January 2 of any year, divided by its population,
26.11determined as of a date in the same year.
26.12 Sec. 38. Minnesota Statutes 2012, section 276A.01, subdivision 13, is amended to read:
26.13 Subd. 13. Average fiscal capacity. "Average fiscal capacity" of municipalities
26.14means the sum of thevaluations adjusted market values of all municipalities, determined
26.15as of January 2 of any year, divided by the sum of their populations, determined as of
26.16a date in the same year.
26.17 Sec. 39. Minnesota Statutes 2012, section 276A.01, subdivision 15, is amended to read:
26.18 Subd. 15. Net tax capacity. "Net tax capacity" means the taxable market value of
26.19real and personal property multiplied by its net tax capacity rates in section273.13 .
26.20 Sec. 40. Minnesota Statutes 2012, section 276A.06, subdivision 10, is amended to read:
26.21 Subd. 10. Adjustment of valuesfor other computations. For the purpose of
26.22computingthe amount or rate of any salary, aid, tax, or debt authorized, required, or
26.23limited by any provision of any law or charter, where the authorization, requirement, or
26.24limitation is related to any value or valuation of taxable property within any governmental
26.25unit, the value or net tax capacity fiscal capacity under section 276A.01, subdivision 12, a
26.26municipality's taxable market value must be adjusted to reflect theadjustments reductions
26.27 to net tax capacity effected by subdivision 2, clause (a), provided that: (1) in determining
26.28the taxable market value of commercial-industrial property or any class thereof within
26.29agovernmental unit for any purpose other than section
276A.05 municipality, (a) the
26.30reduction required by this subdivision is that amount which bears the same proportion to
26.31the amount subtracted from thegovernmental unit's municipality's net tax capacity pursuant
26.32to subdivision 2, clause (a), as the taxable market value of commercial-industrial property,
27.1or such class thereof, located within thegovernmental unit municipality bears to the net
27.2tax capacity of commercial-industrial property, or such class thereof, located within the
27.3governmental unit, and (b) the increase required by this subdivision is that amount which
27.4bears the same proportion to the amount added to the governmental unit's net tax capacity
27.5pursuant to subdivision 2, clause (b), as the market value of commercial-industrial property,
27.6or such class thereof, located within the governmental unit bears to the net tax capacity of
27.7commercial-industrial property, or such class thereof, located within the governmental unit;
27.8and (2) in determining the market value of real property within a municipality for purposes
27.9of section
276A.05, the adjustment prescribed by clause (1)(a) must be made and that
27.10prescribed by clause (1)(b) must not be made municipality. No adjustment shall be made
27.11to taxable market value for the increase in net tax capacity under subdivision 2, clause (b).
27.12 Sec. 41. Minnesota Statutes 2012, section 287.08, is amended to read:
27.13287.08 TAX, HOW PAYABLE; RECEIPTS.
27.14 (a) The tax imposed by sections287.01 to
287.12 must be paid to the treasurer of
27.15any county in this state in which the real property or some part is located at or before
27.16the time of filing the mortgage for record. The treasurer shall endorse receipt on the
27.17mortgage and the receipt is conclusive proof that the tax has been paid in the amount
27.18stated and authorizes any county recorder or registrar of titles to record the mortgage. Its
27.19form, in substance, shall be "registration tax hereon of ..................... dollars paid." If the
27.20mortgage is exempt from taxation the endorsement shall, in substance, be "exempt from
27.21registration tax." In either case the receipt must be signed by the treasurer. In case the
27.22treasurer is unable to determine whether a claim of exemption should be allowed, the tax
27.23must be paid as in the case of a taxable mortgage. For documents submitted electronically,
27.24the endorsements and tax amount shall be affixed electronically and no signature by the
27.25treasurer will be required. The actual payment method must be arranged in advance
27.26between the submitter and the receiving county.
27.27 (b) The county treasurer may refund in whole or in part any mortgage registry tax
27.28overpayment if a written application by the taxpayer is submitted to the county treasurer
27.29within 3-1/2 years from the date of the overpayment. If the county has not issued a denial
27.30of the application, the taxpayer may bring an action in Tax Court in the county in which
27.31the tax was paid at any time after the expiration of six months from the time that the
27.32application was submitted. A denial of refund may be appealed within 60 days from
27.33the date of the denial by bringing an action in Tax Court in the county in which the tax
27.34was paid. The action is commenced by the serving of a petition for relief on the county
27.35treasurer, and by filing a copy with the court. The county attorney shall defend the action.
28.1The county treasurer shall notify the treasurer of each county that has or would receive a
28.2portion of the tax as paid.
28.3 (c) If the county treasurer determines a refund should be paid, or if a refund is
28.4ordered by the court, the county treasurer of each county that actually received a portion
28.5of the tax shall immediately pay a proportionate share of three percent of the refund
28.6using any available county funds. The county treasurer of each county that received, or
28.7would have received, a portion of the tax shall also pay their county's proportionate share
28.8of the remaining 97 percent of the court-ordered refund on or before the 20th day of the
28.9following month using solely the mortgage registry tax funds that would be paid to the
28.10commissioner of revenue on that date under section287.12 . If the funds on hand under
28.11this procedure are insufficient to fully fund 97 percent of the court-ordered refund, the
28.12county treasurer of the county in which the action was brought shall file a claim with the
28.13commissioner of revenue under section16A.48 for the remaining portion of 97 percent of
28.14the refund, and shall pay over the remaining portion upon receipt of a warrant from the
28.15state issued pursuant to the claim.
28.16 (d) When any mortgage covers real property located in more than one county in this
28.17state the total tax must be paid to the treasurer of the county where the mortgage is first
28.18presented for recording, and the payment must be receipted as provided in paragraph
28.19(a). If the principal debt or obligation secured by such a multiple county mortgage
28.20exceeds $10,000,000, the nonstate portion of the tax must be divided and paid over by
28.21the county treasurer receiving it, on or before the 20th day of each month after receipt,
28.22to the county or counties entitled in the ratio that the estimated market value of the real
28.23property covered by the mortgage in each county bears to the estimated market value of
28.24all the real property in this state described in the mortgage. In making the division and
28.25payment the county treasurer shall send a statement giving the description of the real
28.26property described in the mortgage and the estimated market value of the part located in
28.27each county. For this purpose, the treasurer of any county may require the treasurer of
28.28any other county to certify to the former the estimated marketvaluation value of any tract
28.29of real property in any mortgage.
28.30 (e) The mortgagor must pay the tax imposed by sections287.01 to
287.12 . The
28.31mortgagee may undertake to collect and remit the tax on behalf of the mortgagor. If the
28.32mortgagee collects money from the mortgagor to remit the tax on behalf of the mortgagor,
28.33the mortgagee has a fiduciary duty to remit the tax on behalf of the mortgagor as to the
28.34amount of the tax collected for that purpose and the mortgagor is relieved of any further
28.35obligation to pay the tax as to the amount collected by the mortgagee for this purpose.
29.1 Sec. 42. Minnesota Statutes 2012, section 287.23, subdivision 1, is amended to read:
29.2 Subdivision 1. Real property outside county. If any taxable deed or instrument
29.3describes any real property located in more than one county in this state, the total tax must
29.4be paid to the treasurer of the county where the document is first presented for recording,
29.5and the payment must be receipted as provided in section287.08 . If the net consideration
29.6exceeds $700,000, the nonstate portion of the tax must be divided and paid over by the
29.7county treasurer receiving it, on or before the 20th day of each month after receipt, to
29.8the county or counties entitled in the ratio which the estimated market value of the real
29.9property covered by the document in each county bears to the estimated market value of
29.10all the real property in this state described in the document. In making the division and
29.11payment the county treasurer shall send a statement to the other involved counties giving
29.12the description of the real property described in the document and the estimated market
29.13value of the part located in each county. The treasurer of any county may require the
29.14treasurer of any other county to certify to the former the estimated marketvaluation value
29.15 of any parcel of real property for this purpose.
29.16 Sec. 43. Minnesota Statutes 2012, section 353G.08, subdivision 2, is amended to read:
29.17 Subd. 2. Cash flow funding requirement. If the executive director determines that
29.18an account in the voluntary statewide lump-sum volunteer firefighter retirement plan has
29.19insufficient assets to meet the service pensions determined payable from the account,
29.20the executive director shall certify the amount of the potential service pension shortfall
29.21to the municipality or municipalities and the municipality or municipalities shall make
29.22an additional employer contribution to the account within ten days of the certification.
29.23If more than one municipality is associated with the account, unless the municipalities
29.24agree to a different allocation, the municipalities shall allocate the additional employer
29.25contribution one-half in proportion to the population of each municipality and one-half in
29.26proportion to the estimated market value of the property of each municipality.
29.27 Sec. 44. Minnesota Statutes 2012, section 365.025, subdivision 4, is amended to read:
29.28 Subd. 4. Major purchases: notice, petition, election. Before buying anything
29.29under subdivision 2 that costs more than 0.24177 percent of the estimated market value of
29.30the town, the town must follow this subdivision.
29.31The town must publish in its official newspaper the board's resolution to pay for the
29.32property over time. Then a petition for an election on the contract may be filed with the
29.33clerk. The petition must be filed within ten days after the resolution is published. To require
29.34the election the petition must be signed by a number of voters equal to ten percent of the
30.1voters at the last regular town election. The contract then must be approved by a majority of
30.2those voting on the question. The question may be voted on at a regular or special election.
30.3 Sec. 45. Minnesota Statutes 2012, section 366.095, subdivision 1, is amended to read:
30.4 Subdivision 1. Certificates of indebtedness. The town board may issue certificates
30.5of indebtedness within the debt limits for a town purpose otherwise authorized by law.
30.6The certificates shall be payable in not more than ten years and be issued on the terms and
30.7in the manner as the board may determine. If the amount of the certificates to be issued
30.8exceeds 0.25 percent of the estimated market value of the town, they shall not be issued
30.9for at least ten days after publication in a newspaper of general circulation in the town of
30.10the board's resolution determining to issue them. If within that time, a petition asking for
30.11an election on the proposition signed by voters equal to ten percent of the number of voters
30.12at the last regular town election is filed with the clerk, the certificates shall not be issued
30.13until their issuance has been approved by a majority of the votes cast on the question at
30.14a regular or special election. A tax levy shall be made to pay the principal and interest
30.15on the certificates as in the case of bonds.
30.16 Sec. 46. Minnesota Statutes 2012, section 366.27, is amended to read:
30.17366.27 FIREFIGHTERS' RELIEF; TAX LEVY.
30.18The town board of any town in this state having therein a platted portion on
30.19which resides 1,200 or more people, and wherein a duly incorporated firefighters' relief
30.20association is located may each year levy a tax not to exceed 0.00806 percent oftaxable
30.21 estimated market value for the benefit of the relief association.
30.22 Sec. 47. Minnesota Statutes 2012, section 368.01, subdivision 23, is amended to read:
30.23 Subd. 23. Financing purchase of certain equipment. The town board may issue
30.24certificates of indebtedness within debt limits to purchase fire or police equipment or
30.25ambulance equipment or street construction or maintenance equipment. The certificates
30.26shall be payable in not more than five years and be issued on terms and in the manner as the
30.27board may determine. If the amount of the certificates to be issued to finance a purchase
30.28exceeds 0.24177 percent of the estimated market value of the town,excluding money
30.29and credits, they shall not be issued for at least ten days after publication in the official
30.30newspaper of a town board resolution determining to issue them. If before the end of that
30.31time, a petition asking for an election on the proposition signed by voters equal to ten
30.32percent of the number of voters at the last regular town election is filed with the clerk, the
30.33certificates shall not be issued until the proposition of their issuance has been approved by a
31.1majority of the votes cast on the question at a regular or special election. A tax levy shall be
31.2made for the payment of the principal and interest on the certificates as in the case of bonds.
31.3 Sec. 48. Minnesota Statutes 2012, section 368.47, is amended to read:
31.4368.47 TOWNS MAY BE DISSOLVED.
31.5(1) When the voters residing within a town have failed to elect any town officials for
31.6more than ten years continuously;
31.7(2) when a town has failed for a period of ten years to exercise any of the powers
31.8and functions of a town;
31.9(3) when the estimated market value of a town drops to less than $165,000;
31.10(4) when the tax delinquency of a town, exclusive of taxes that are delinquent or
31.11unpaid because they are contested in proceedings for the enforcement of taxes, amounts to
31.1212 percent of its market value; or
31.13(5) when the state or federal government has acquired title to 50 percent of the
31.14real estate of a town,
31.15which facts, or any of them, may be found and determined by the resolution of the county
31.16board of the county in which the town is located, according to the official records in the
31.17office of the county auditor, the county board by resolution may declare the town, naming
31.18it, dissolved and no longer entitled to exercise any of the powers or functions of a town.
31.19In Cass, Itasca, and St. Louis Counties, before the dissolution is effective the voters
31.20of the town shall express their approval or disapproval. The town clerk shall, upon a
31.21petition signed by a majority of the registered voters of the town, filed with the clerk at
31.22least 60 days before a regular or special town election, give notice at the same time and
31.23in the same manner of the election that the question of dissolution of the town will be
31.24submitted for determination at the election. At the election the question shall be voted
31.25upon by a separate ballot, the terms of which shall be either "for dissolution" or "against
31.26dissolution." The ballot shall be deposited in a separate ballot box and the result of the
31.27voting canvassed, certified, and returned in the same manner and at the same time as
31.28other facts and returns of the election. If a majority of the votes cast at the election are
31.29for dissolution, the town shall be dissolved. If a majority of the votes cast at the election
31.30are against dissolution, the town shall not be dissolved.
31.31When a town is dissolved under sections368.47 to
368.49 the county shall acquire
31.32title to any telephone company or other business conducted by the town. The business
31.33shall be operated by the board of county commissioners until it can be sold. The
31.34subscribers or patrons of the business shall have the first opportunity of purchase. If the
31.35town has any outstanding indebtedness chargeable to the business, the county auditor shall
32.1levy a tax against the property situated in the dissolved town to pay the indebtedness
32.2as it becomes due.
32.3 Sec. 49. Minnesota Statutes 2012, section 370.01, is amended to read:
32.4370.01 CHANGE OF BOUNDARIES; CREATION OF NEW COUNTIES.
32.5The boundaries of counties may be changed by taking territory from a county and
32.6attaching it to an adjoining county, and new counties may be established out of territory of
32.7one or more existing counties. A new county shall contain at least 400 square miles and
32.8have at least 4,000 inhabitants. A proposed new county must have a totaltaxable estimated
32.9 market value of at least 35 percent of (i) the totaltaxable estimated market value of the
32.10existing county, or (ii) the average totaltaxable estimated market value of the existing
32.11counties, included in the proposition. The determination of thetaxable estimated market
32.12value of a county must be made by the commissioner of revenue. An existing county shall
32.13not be reduced in area below 400 square miles, have less than 4,000 inhabitants, or have a
32.14totaltaxable estimated market value of less than that required of a new county.
32.15No change in the boundaries of any county having an area of more than 2,500 square
32.16miles, whether by the creation of a new county, or otherwise, shall detach from the existing
32.17county any territory within 12 miles of the county seat.
32.18 Sec. 50. Minnesota Statutes 2012, section 373.40, subdivision 1, is amended to read:
32.19 Subdivision 1. Definitions. For purposes of this section, the following terms have
32.20the meanings given.
32.21(a) "Bonds" means an obligation as defined under section475.51 .
32.22(b) "Capital improvement" means acquisition or betterment of public lands,
32.23buildings, or other improvements within the county for the purpose of a county courthouse,
32.24administrative building, health or social service facility, correctional facility, jail, law
32.25enforcement center, hospital, morgue, library, park, qualified indoor ice arena, roads and
32.26bridges, and the acquisition of development rights in the form of conservation easements
32.27under chapter 84C. An improvement must have an expected useful life of five years or
32.28more to qualify. "Capital improvement" does not include a recreation or sports facility
32.29building (such as, but not limited to, a gymnasium, ice arena, racquet sports facility,
32.30swimming pool, exercise room or health spa), unless the building is part of an outdoor
32.31park facility and is incidental to the primary purpose of outdoor recreation.
32.32(c) "Metropolitan county" means a county located in the seven-county metropolitan
32.33area as defined in section473.121 or a county with a population of 90,000 or more.
33.1(d) "Population" means the population established by the most recent of the
33.2following (determined as of the date the resolution authorizing the bonds was adopted):
33.3(1) the federal decennial census,
33.4(2) a special census conducted under contract by the United States Bureau of the
33.5Census, or
33.6(3) a population estimate made either by the Metropolitan Council or by the state
33.7demographer under section4A.02 .
33.8(e) "Qualified indoor ice arena" means a facility that meets the requirements of
33.9section373.43 .
33.10(f) "Tax capacity" means total taxable market value, but does not include captured
33.11market value.
33.12 Sec. 51. Minnesota Statutes 2012, section 373.40, subdivision 4, is amended to read:
33.13 Subd. 4. Limitations on amount. A county may not issue bonds under this section
33.14if the maximum amount of principal and interest to become due in any year on all the
33.15outstanding bonds issued pursuant to this section (including the bonds to be issued) will
33.16equal or exceed 0.12 percent oftaxable the estimated market value of property in the
33.17county. Calculation of the limit must be made using thetaxable estimated market value for
33.18the taxes payable year in which the obligations are issued and sold. This section does not
33.19limit the authority to issue bonds under any other special or general law.
33.20 Sec. 52. Minnesota Statutes 2012, section 375.167, subdivision 1, is amended to read:
33.21 Subdivision 1. Appropriations. Notwithstanding any contrary law, a county board
33.22may appropriate from the general revenue fund to any nonprofit corporation a sum not
33.23to exceed 0.00604 percent oftaxable estimated market value to provide legal assistance
33.24to persons who are unable to afford private legal counsel.
33.25 Sec. 53. Minnesota Statutes 2012, section 375.18, subdivision 3, is amended to read:
33.26 Subd. 3. Courthouse. Each county board may erect, furnish, and maintain a
33.27suitable courthouse. No indebtedness shall be created for a courthouse in excess of an
33.28amount equal to a levy of 0.04030 percent oftaxable estimated market value without the
33.29approval of a majority of the voters of the county voting on the question of issuing the
33.30obligation at an election.
33.31 Sec. 54. Minnesota Statutes 2012, section 375.555, is amended to read:
33.32375.555 FUNDING.
34.1To implement the county emergency jobs program, the county board may expend
34.2an amount equal to what would be generated by a levy of 0.01209 percent oftaxable
34.3 estimated market value. The money to be expended may be from any available funds
34.4not otherwise earmarked.
34.5 Sec. 55. Minnesota Statutes 2012, section 383B.152, is amended to read:
34.6383B.152 BUILDING AND MAINTENANCE FUND.
34.7The county board may by resolution levy a tax to provide money which shall be kept
34.8in a fund known as the county reserve building and maintenance fund. Money in the fund
34.9shall be used solely for the construction, maintenance, and equipping of county buildings
34.10that are constructed or maintained by the board. The levy shall not be subject to any limit
34.11fixed by any other law or by any board of tax levy or other corresponding body, but shall
34.12not exceed 0.02215 percent oftaxable estimated market value, less the amount required by
34.13chapter 475 to be levied in the year for the payment of the principal of and interest on all
34.14bonds issued pursuant to Extra Session Laws 1967, chapter 47, section 1.
34.15 Sec. 56. Minnesota Statutes 2012, section 383B.245, is amended to read:
34.16383B.245 LIBRARY LEVY.
34.17 (a) The county board may levy a tax on the taxable property within the county to
34.18acquire, better, and construct county library buildings and branches and to pay principal
34.19and interest on bonds issued for that purpose.
34.20 (b) The county board may by resolution adopted by a five-sevenths vote issue and
34.21sell general obligation bonds of the county in the manner provided in sections475.60 to
34.22475.73
. The bonds shall not be subject to the limitations of sections
475.51 to
475.59 ,
34.23but the maturity years and amounts and interest rates of each series of bonds shall be
34.24fixed so that the maximum amount of principal and interest to become due in any year,
34.25on the bonds of that series and of all outstanding series issued by or for the purposes of
34.26libraries, shall not exceed an amount equal to 0.01612 percent of estimated market value
34.27of all taxable property in the county as last finally equalized before the issuance of the new
34.28series. When the tax levy authorized in this section is collected it shall be appropriated
34.29and credited to a debt service fund for the bonds in amounts required each year in lieu of a
34.30countywide tax levy for the debt service fund under section475.61 .
34.31 Sec. 57. Minnesota Statutes 2012, section 383B.73, subdivision 1, is amended to read:
34.32 Subdivision 1. Levy. To provide funds for the purposes of the Three Rivers Park
34.33District as set forth in its annual budget, in lieu of the levies authorized by any other
35.1special law for such purposes, the Board of Park District Commissioners may levy taxes
35.2on all the taxable property in the county and park district at a rate not exceeding 0.03224
35.3percent of estimated market value. Notwithstanding section398.16 , on or before October
35.41 of each year, after public hearing, the Board of Park District Commissioners shall adopt
35.5a budget for the ensuing year and shall determine the total amount necessary to be raised
35.6from ad valorem tax levies to meet its budget. The Board of Park District Commissioners
35.7shall submit the budget to the county board. The county board may veto or modify an item
35.8contained in the budget. If the county board determines to veto or to modify an item in the
35.9budget, it must, within 15 days after the budget was submitted by the district board, state
35.10in writing the specific reasons for its objection to the item vetoed or the reason for the
35.11modification. The Park District Board, after consideration of the county board's objections
35.12and proposed modifications, may reapprove a vetoed item or the original version of an item
35.13with respect to which a modification has been proposed, by a two-thirds majority. If the
35.14district board does not reapprove a vetoed item, the item shall be deleted from the budget.
35.15If the district board does not reapprove the original version of a modified item, the item
35.16shall be included in the budget as modified by the county board. After adoption of the final
35.17budget and no later than October 1, the superintendent of the park district shall certify to the
35.18office of the Hennepin County director of tax and public records exercising the functions
35.19of the county auditor the total amount to be raised from ad valorem tax levies to meet its
35.20budget for the ensuing year. The director of tax and public records shall add the amount of
35.21any levy certified by the district to other tax levies on the property of the county within the
35.22district for collection by the director of tax and public records with other taxes. When
35.23collected, the director shall make settlement of such taxes with the district in the same
35.24manner as other taxes are distributed to the other political subdivisions in Hennepin County.
35.25 Sec. 58. Minnesota Statutes 2012, section 383E.20, is amended to read:
35.26383E.20 BONDING FOR COUNTY LIBRARY BUILDINGS.
35.27 The Anoka County Board may, by resolution adopted by a four-sevenths vote, issue
35.28and sell general obligation bonds of the county in the manner provided in chapter 475 to
35.29acquire, better, and construct county library buildings. The bonds shall not be subject to the
35.30requirements of sections 475.57 to 475.59. The maturity years and amounts and interest
35.31rates of each series of bonds shall be fixed so that the maximum amount of principal and
35.32interest to become due in any year, on the bonds of that series and of all outstanding series
35.33issued by or for the purposes of libraries, shall not exceed an amount equal to .01 percent
35.34of thetaxable estimated market value of all taxable property in the county, excluding any
35.35taxable property taxed by any city for the support of any free public library. When the tax
36.1levy authorized in this section is collected, it shall be appropriated and credited to a debt
36.2service fund for the bonds. The tax levy for the debt service fund under section 475.61
36.3shall be reduced by the amount available or reasonably anticipated to be available in the
36.4fund to make payments otherwise payable from the levy pursuant to section 475.61.
36.5 Sec. 59. Minnesota Statutes 2012, section 383E.23, is amended to read:
36.6383E.23 LIBRARY TAX.
36.7The Anoka County Board may levy a tax of not more than .01 percent of thetaxable
36.8 estimated market value of taxable property located within the county excluding any
36.9taxable property taxed by any city for the support of any free public library, to acquire,
36.10better, and construct county library buildings and to pay principal and interest on bonds
36.11issued for that purpose. The tax shall be disregarded in the calculation of levies or limits
36.12on levies provided by section 373.40, or other law.
36.13 Sec. 60. Minnesota Statutes 2012, section 385.31, is amended to read:
36.14385.31 PAYMENT OF COUNTY ORDERS OR WARRANTS.
36.15When any order or warrant drawn on the treasurer is presented for payment, if there
36.16is money in the treasury for that purpose, the county treasurer shall redeem the same, and
36.17write across the entire face thereof the word "redeemed," the date of the redemption, and
36.18the treasurer's official signature. If there is not sufficient funds in the proper accounts to
36.19pay such orders they shall be numbered and registered in their order of presentation,
36.20and proper endorsement thereof shall be made on such orders and they shall be entitled
36.21to payment in like order. Such orders shall bear interest at not to exceed the rate of six
36.22percent per annum from such date of presentment. The treasurer, as soon as there is
36.23sufficient money in the treasury, shall appropriate and set apart a sum sufficient for the
36.24payment of the orders so presented and registered, and, if entitled to interest, issue to the
36.25original holder a notice that interest will cease in 30 days from the date of such notice; and,
36.26if orders thus entitled to priority of payment are not then presented, the next in order of
36.27registry may be paid until such orders are presented. No interest shall be paid on any order,
36.28except upon a warrant drawn by the county auditor for that purpose, giving the number
36.29and the date of the order on account of which the interest warrant is drawn. In any county
36.30in this state now or hereafter havinga an estimated market value of all taxable property,
36.31exclusive of money and credits, of not less than $1,033,000,000, the county treasurer, in
36.32order to save payment of interest on county warrants drawn upon a fund in which there
36.33shall be temporarily insufficient money in the treasury to redeem the same, may borrow
36.34temporarily from any other fund in the county treasury in which there is a sufficient balance
37.1to care for the needs of such fund and allow a temporary loan or transfer to any other fund,
37.2and may pay such warrants out of such funds. Any such money so transferred and used in
37.3redeeming such county warrants shall be returned to the fund from which drawn as soon
37.4as money shall come in to the credit of such fund on which any such warrant was drawn
37.5and paid as aforesaid. Any county operating on a cash basis may use a combined form of
37.6warrant or order and check, which, when signed by the chair of the county board and by
37.7the auditor, is an order or warrant for the payment of the claim, and, when countersigned
37.8by the county treasurer, is a check for the payment of the amount thereof.
37.9 Sec. 61. Minnesota Statutes 2012, section 394.36, subdivision 1, is amended to read:
37.10 Subdivision 1. Continuation of nonconformity; limitations. Except as provided in
37.11subdivision 2, 3, or 4, any nonconformity, including the lawful use or occupation of land
37.12or premises existing at the time of the adoption of an official control under this chapter,
37.13may be continued, although the use or occupation does not conform to the official control.
37.14If the nonconformity or occupancy is discontinued for a period of more than one year, or
37.15any nonconforming building or structure is destroyed by fire or other peril to the extent of
37.1650 percent of its estimated market value, any subsequent use or occupancy of the land or
37.17premises shall be a conforming use or occupancy.
37.18 Sec. 62. Minnesota Statutes 2012, section 398A.04, subdivision 8, is amended to read:
37.19 Subd. 8. Taxation. Before deciding to exercise the power to tax, the authority shall
37.20give six weeks' published notice in all municipalities in the region. If a number of voters
37.21in the region equal to five percent of those who voted for candidates for governor at the
37.22last gubernatorial election present a petition within nine weeks of the first published notice
37.23to the secretary of state requesting that the matter be submitted to popular vote, it shall be
37.24submitted at the next general election. The question prepared shall be:
37.25"Shall the regional rail authority have the power to impose a property tax?
37.28If a majority of those voting on the question approve or if no petition is presented
37.29within the prescribed time the authority may levy a tax at any annual rate not exceeding
37.300.04835 percent of estimated market value of all taxable property situated within the
37.31municipality or municipalities named in its organization resolution. Its recording officer
37.32shall file, on or before September 15, in the office of the county auditor of each county
37.33in which territory under the jurisdiction of the authority is located a certified copy of the
37.34board of commissioners' resolution levying the tax, and each county auditor shall assess
38.1and extend upon the tax rolls of each municipality named in the organization resolution the
38.2portion of the tax that bears the same ratio to the whole amount that the net tax capacity of
38.3taxable property in that municipality bears to the net tax capacity of taxable property in
38.4all municipalities named in the organization resolution. Collections of the tax shall be
38.5remitted by each county treasurer to the treasurer of the authority. For taxes levied in 1991,
38.6the amount levied for light rail transit purposes under this subdivision shall not exceed 75
38.7percent of the amount levied in 1990 for light rail transit purposes under this subdivision.
38.8 Sec. 63. Minnesota Statutes 2012, section 401.05, subdivision 3, is amended to read:
38.9 Subd. 3. Leasing. (a) A county or joint powers board of a group of counties
38.10which acquires or constructs and equips or improves facilities under this chapter may,
38.11with the approval of the board of county commissioners of each county, enter into a
38.12lease agreement with a city situated within any of the counties, or a county housing and
38.13redevelopment authority established under chapter 469 or any special law. Under the lease
38.14agreement, the city or county housing and redevelopment authority shall:
38.15(1) construct or acquire and equip or improve a facility in accordance with plans
38.16prepared by or at the request of a county or joint powers board of the group of counties
38.17and approved by the commissioner of corrections; and
38.18(2) finance the facility by the issuance of revenue bonds.
38.19(b) The county or joint powers board of a group of counties may lease the facility
38.20site, improvements, and equipment for a term upon rental sufficient to produce revenue
38.21for the prompt payment of the revenue bonds and all interest accruing on them. Upon
38.22completion of payment, the lessee shall acquire title. The real and personal property
38.23acquired for the facility constitutes a project and the lease agreement constitutes a revenue
38.24agreement as provided in sections469.152 to
469.165 . All proceedings by the city or
38.25county housing and redevelopment authority and the county or joint powers board shall be
38.26as provided in sections469.152 to
469.165 , with the following adjustments:
38.27(1) no tax may be imposed upon the property;
38.28(2) the approval of the project by the commissioner of employment and economic
38.29development is not required;
38.30(3) the Department of Corrections shall be furnished and shall record information
38.31concerning each project as it may prescribe, in lieu of reports required on other projects to
38.32the commissioner of employment and economic development;
38.33(4) the rentals required to be paid under the lease agreement shall not exceed in any
38.34year one-tenth of one percent of the estimated market value of property within the county
38.35or group of counties as last equalized before the execution of the lease agreement;
39.1(5) the county or group of counties shall provide for payment of all rentals due
39.2during the term of the lease agreement in the manner required in subdivision 4;
39.3(6) no mortgage on the facilities shall be granted for the security of the bonds, but
39.4compliance with clause (5) may be enforced as a nondiscretionary duty of the county
39.5or group of counties; and
39.6(7) the county or the joint powers board of the group of counties may sublease any
39.7part of the facilities for purposes consistent with their maintenance and operation.
39.8 Sec. 64. Minnesota Statutes 2012, section 410.32, is amended to read:
39.9410.32 CITIES MAY ISSUE CAPITAL NOTES FOR CAPITAL EQUIPMENT.
39.10 (a) Notwithstanding any contrary provision of other law or charter, a home rule
39.11charter city may, by resolution and without public referendum, issue capital notes subject
39.12to the city debt limit to purchase capital equipment.
39.13 (b) For purposes of this section, "capital equipment" means:
39.14 (1) public safety equipment, ambulance and other medical equipment, road
39.15construction and maintenance equipment, and other capital equipment; and
39.16 (2) computer hardware and software, whether bundled with machinery or equipment
39.17or unbundled.
39.18 (c) The equipment or software must have an expected useful life at least as long
39.19as the term of the notes.
39.20 (d) The notes shall be payable in not more than ten years and be issued on terms
39.21and in the manner the city determines. The total principal amount of the capital notes
39.22issued in a fiscal year shall not exceed 0.03 percent of the estimated market value of
39.23taxable property in the city for that year.
39.24 (e) A tax levy shall be made for the payment of the principal and interest on the
39.25notes, in accordance with section475.61 , as in the case of bonds.
39.26 (f) Notes issued under this section shall require an affirmative vote of two-thirds of
39.27the governing body of the city.
39.28 (g) Notwithstanding a contrary provision of other law or charter, a home rule charter
39.29city may also issue capital notes subject to its debt limit in the manner and subject to the
39.30limitations applicable to statutory cities pursuant to section412.301 .
39.31 Sec. 65. Minnesota Statutes 2012, section 412.221, subdivision 2, is amended to read:
39.32 Subd. 2. Contracts. The council shall have power to make such contracts as may
39.33be deemed necessary or desirable to make effective any power possessed by the council.
39.34The city may purchase personal property through a conditional sales contract and real
40.1property through a contract for deed under which contracts the seller is confined to the
40.2remedy of recovery of the property in case of nonpayment of all or part of the purchase
40.3price, which shall be payable over a period of not to exceed five years. When the contract
40.4price of property to be purchased by contract for deed or conditional sales contract
40.5exceeds 0.24177 percent of the estimated market value of the city, the city may not enter
40.6into such a contract for at least ten days after publication in the official newspaper of a
40.7council resolution determining to purchase property by such a contract; and, if before the
40.8end of that time a petition asking for an election on the proposition signed by voters equal
40.9to ten percent of the number of voters at the last regular city election is filed with the clerk,
40.10the city may not enter into such a contract until the proposition has been approved by a
40.11majority of the votes cast on the question at a regular or special election.
40.12 Sec. 66. Minnesota Statutes 2012, section 412.301, is amended to read:
40.13412.301 FINANCING PURCHASE OF CERTAIN EQUIPMENT.
40.14 (a) The council may issue certificates of indebtedness or capital notes subject to the
40.15city debt limits to purchase capital equipment.
40.16 (b) For purposes of this section, "capital equipment" means:
40.17 (1) public safety equipment, ambulance and other medical equipment, road
40.18construction and maintenance equipment, and other capital equipment; and
40.19 (2) computer hardware and software, whether bundled with machinery or equipment
40.20or unbundled.
40.21 (c) The equipment or software must have an expected useful life at least as long as
40.22the terms of the certificates or notes.
40.23 (d) Such certificates or notes shall be payable in not more than ten years and shall be
40.24issued on such terms and in such manner as the council may determine.
40.25 (e) If the amount of the certificates or notes to be issued to finance any such purchase
40.26exceeds 0.25 percent of the estimated market value of taxable property in the city, they
40.27shall not be issued for at least ten days after publication in the official newspaper of
40.28a council resolution determining to issue them; and if before the end of that time, a
40.29petition asking for an election on the proposition signed by voters equal to ten percent
40.30of the number of voters at the last regular municipal election is filed with the clerk, such
40.31certificates or notes shall not be issued until the proposition of their issuance has been
40.32approved by a majority of the votes cast on the question at a regular or special election.
40.33 (f) A tax levy shall be made for the payment of the principal and interest on such
40.34certificates or notes, in accordance with section475.61 , as in the case of bonds.
41.1 Sec. 67. Minnesota Statutes 2012, section 428A.02, subdivision 1, is amended to read:
41.2 Subdivision 1. Ordinance. The governing body of a city may adopt an ordinance
41.3establishing a special service district. Only property that is classified under section273.13
41.4and used for commercial, industrial, or public utility purposes, or is vacant land zoned or
41.5designated on a land use plan for commercial or industrial use and located in the special
41.6service district, may be subject to the charges imposed by the city on the special service
41.7district. Other types of property may be included within the boundaries of the special
41.8service district but are not subject to the levies or charges imposed by the city on the
41.9special service district. If 50 percent or more of the estimated market value of a parcel of
41.10property is classified under section273.13 as commercial, industrial, or vacant land zoned
41.11or designated on a land use plan for commercial or industrial use, or public utility for the
41.12current assessment year, then the entire taxable market value of the property is subject to a
41.13service charge based on net tax capacity for purposes of sections428A.01 to
428A.10 .
41.14The ordinance shall describe with particularity the area within the city to be included in
41.15the district and the special services to be furnished in the district. The ordinance may not
41.16be adopted until after a public hearing has been held on the question. Notice of the hearing
41.17shall include the time and place of hearing, a map showing the boundaries of the proposed
41.18district, and a statement that all persons owning property in the proposed district that
41.19would be subject to a service charge will be given opportunity to be heard at the hearing.
41.20Within 30 days after adoption of the ordinance under this subdivision, the governing body
41.21shall send a copy of the ordinance to the commissioner of revenue.
41.22 Sec. 68. Minnesota Statutes 2012, section 430.102, subdivision 2, is amended to read:
41.23 Subd. 2. Council approval; special tax levy limitation. The council shall receive
41.24and consider the estimate required in subdivision 1 and the items of cost after notice and
41.25hearing before it or its appropriate committee as it considers necessary or expedient, and
41.26shall approve the estimate, with necessary amendments. The amounts of each item of cost
41.27estimated are then appropriated to operate, maintain, and improve the pedestrian mall
41.28during the next fiscal year. The amount of the special tax to be charged under subdivision
41.291, clause (3), must not, however, exceed 0.12089 percent of estimated market value of
41.30taxable property in the district. The council shall make any necessary adjustment in costs of
41.31operating and maintaining the district to keep the amount of the tax within this limitation.
41.32 Sec. 69. Minnesota Statutes 2012, section 447.10, is amended to read:
41.33447.10 TAX LEVY FOR OPERATING AND MAINTAINING HOSPITAL.
42.1The governing body of a city of the first class owning a hospital may annually levy
42.2a tax to operate and maintain the hospital. The tax must not exceed 0.00806 percent of
42.3taxable estimated market value.
42.4 Sec. 70. Minnesota Statutes 2012, section 450.19, is amended to read:
42.5450.19 TOURIST CAMPING GROUNDS.
42.6A home rule charter or statutory city or town may establish and maintain public
42.7tourist camping grounds. The governing body thereof may acquire by lease, purchase, or
42.8gift, suitable lands located either within or without the corporate limits for use as public
42.9tourist camping grounds and provide for the equipment, operation, and maintenance
42.10of the same. The amount that may be expended for the maintenance, improvement, or
42.11operation of tourist camping grounds shall not exceed, in any year, a sum equal to 0.00806
42.12percent oftaxable estimated market value.
42.13 Sec. 71. Minnesota Statutes 2012, section 450.25, is amended to read:
42.14450.25 MUSEUM, GALLERY, OR SCHOOL OF ARTS OR CRAFTS; TAX
42.15LEVY.
42.16After the acquisition of any museum, gallery, or school of arts or crafts, the board
42.17of park commissioners of the city in which it is located shall cause to be included in the
42.18annual tax levy upon all the taxable property of the county in which the museum, gallery,
42.19or school of arts or crafts is located, a tax of 0.00846 percent of estimated market value.
42.20The board shall certify the levy to the county auditor and it shall be added to, and collected
42.21with and as part of, the general, real, and personal property taxes, with like penalties and
42.22interest, in case of nonpayment and default, and all provisions of law in respect to the
42.23levy, collection, and enforcement of other taxes shall, so far as applicable, be followed in
42.24respect of these taxes. All of these taxes, penalties, and interest, when collected, shall be
42.25paid to the city treasurer of the city in which is located the museum, gallery, or school
42.26of arts or crafts and credited to a fund to be known as the park museum fund, and shall
42.27be used only for the purposes specified in sections450.23 to
450.25 . Any part of the
42.28proceeds of the levy not expended for the purposes specified in section450.24 may be
42.29used for the erection of new buildings for the same purposes.
42.30 Sec. 72. Minnesota Statutes 2012, section 458A.10, is amended to read:
42.31458A.10 PROPERTY TAX.
43.1The commission shall annually levy a tax not to exceed 0.12089 percent of estimated
43.2market value on all the taxable property in the transit area at a rate sufficient to produce
43.3an amount necessary for the purposes of sections458A.01 to
458A.15 , other than the
43.4payment of principal and interest due on any revenue bonds issued pursuant to section
43.5458A.05
. Property taxes levied under this section shall be certified by the commission to
43.6the county auditors of the transit area, extended, assessed, and collected in the manner
43.7provided by law for the property taxes levied by the governing bodies of cities. The
43.8proceeds of the taxes levied under this section shall be remitted by the respective county
43.9treasurers to the treasurer of the commission, who shall credit the same to the funds of
43.10the commission for use for the purposes of sections458A.01 to
458A.15 subject to any
43.11applicable pledges or limitations on account of tax anticipation certificates or other
43.12specific purposes. At any time after making a tax levy under this section and certifying
43.13it to the county auditors, the commission may issue general obligation certificates of
43.14indebtedness in anticipation of the collection of the taxes as provided by section412.261 .
43.15 Sec. 73. Minnesota Statutes 2012, section 458A.31, subdivision 1, is amended to read:
43.16 Subdivision 1. Levy limit. Notwithstanding anything to the contrary contained in
43.17the charter of the city of Duluth, any ordinance thereof, or any statute applicable thereto,
43.18limiting the amount levied in any one year for general or special purposes, the city council
43.19of the city of Duluth shall each year levy a tax in an amount not to exceed 0.07253
43.20percent oftaxable estimated market value, by ordinance. An ordinance fixing the levy
43.21shall take effect immediately upon its passage and approval. The proceeds of the levy
43.22shall be paid into the city treasury and deposited in the operating fund provided for in
43.23section458A.24, subdivision 3 .
43.24 Sec. 74. Minnesota Statutes 2012, section 465.04, is amended to read:
43.25465.04 ACCEPTANCE OF GIFTS.
43.26Cities of the second, third, or fourth class, having at any timea an estimated
43.27 market value of not more than $41,000,000,exclusive of money and credits, as officially
43.28equalized by the commissioner of revenue, either under home rule charter or under the
43.29laws of this state, in addition to all other powers possessed by them, hereby are authorized
43.30and empowered to receive and accept gifts and donations for the use and benefit of
43.31such cities and the inhabitants thereof upon terms and conditions to be approved by the
43.32governing bodies of such cities; and such cities are authorized to comply with and perform
43.33such terms and conditions, which may include payment to the donor or donors of interest
44.1on the value of the gift at not exceeding five percent per annum payable annually or
44.2semiannually, during the remainder of the natural life or lives of such donor or donors.
44.3 Sec. 75. Minnesota Statutes 2012, section 469.033, subdivision 6, is amended to read:
44.4 Subd. 6. Operation area as taxing district, special tax. All of the territory included
44.5within the area of operation of any authority shall constitute a taxing district for the
44.6purpose of levying and collecting special benefit taxes as provided in this subdivision. All
44.7of the taxable property, both real and personal, within that taxing district shall be deemed
44.8to be benefited by projects to the extent of the special taxes levied under this subdivision.
44.9Subject to the consent by resolution of the governing body of the city in and for which
44.10it was created, an authority may levy a tax upon all taxable property within that taxing
44.11district. The tax shall be extended, spread, and included with and as a part of the general
44.12taxes for state, county, and municipal purposes by the county auditor, to be collected and
44.13enforced therewith, together with the penalty, interest, and costs. As the tax, including any
44.14penalties, interest, and costs, is collected by the county treasurer it shall be accumulated
44.15and kept in a separate fund to be known as the "housing and redevelopment project fund."
44.16The money in the fund shall be turned over to the authority at the same time and in the same
44.17manner that the tax collections for the city are turned over to the city, and shall be expended
44.18only for the purposes of sections469.001 to
469.047 . It shall be paid out upon vouchers
44.19signed by the chair of the authority or an authorized representative. The amount of the
44.20levy shall be an amount approved by the governing body of the city, but shall not exceed
44.210.0185 percent oftaxable estimated market value. The authority shall each year formulate
44.22and file a budget in accordance with the budget procedure of the city in the same manner as
44.23required of executive departments of the city or, if no budgets are required to be filed, by
44.24August 1. The amount of the tax levy for the following year shall be based on that budget.
44.25 Sec. 76. Minnesota Statutes 2012, section 469.034, subdivision 2, is amended to read:
44.26 Subd. 2. General obligation revenue bonds. (a) An authority may pledge the
44.27general obligation of the general jurisdiction governmental unit as additional security for
44.28bonds payable from income or revenues of the project or the authority. The authority
44.29must find that the pledged revenues will equal or exceed 110 percent of the principal and
44.30interest due on the bonds for each year. The proceeds of the bonds must be used for a
44.31qualified housing development project or projects. The obligations must be issued and
44.32sold in the manner and following the procedures provided by chapter 475, except the
44.33obligations are not subject to approval by the electors, and the maturities may extend to
44.34not more than 35 years for obligations sold to finance housing for the elderly and 40 years
45.1for other obligations issued under this subdivision. The authority is the municipality for
45.2purposes of chapter 475.
45.3(b) The principal amount of the issue must be approved by the governing body of
45.4the general jurisdiction governmental unit whose general obligation is pledged. Public
45.5hearings must be held on issuance of the obligations by both the authority and the general
45.6jurisdiction governmental unit. The hearings must be held at least 15 days, but not more
45.7than 120 days, before the sale of the obligations.
45.8(c) The maximum amount of general obligation bonds that may be issued and
45.9outstanding under this section equals the greater of (1) one-half of one percent of the
45.10taxable estimated market value of the general jurisdiction governmental unit whose
45.11general obligation is pledged, or (2) $3,000,000. In the case of county or multicounty
45.12general obligation bonds, the outstanding general obligation bonds of all cities in the
45.13county or counties issued under this subdivision must be added in calculating the limit
45.14under clause (1).
45.15(d) "General jurisdiction governmental unit" means the city in which the housing
45.16development project is located. In the case of a county or multicounty authority, the
45.17county or counties may act as the general jurisdiction governmental unit. In the case of
45.18a multicounty authority, the pledge of the general obligation is a pledge of a tax on the
45.19taxable property in each of the counties.
45.20(e) "Qualified housing development project" means a housing development project
45.21providing housing either for the elderly or for individuals and families with incomes not
45.22greater than 80 percent of the median family income as estimated by the United States
45.23Department of Housing and Urban Development for the standard metropolitan statistical
45.24area or the nonmetropolitan county in which the project is located. The project must be
45.25owned for the term of the bonds either by the authority or by a limited partnership or other
45.26entity in which the authority or another entity under the sole control of the authority is
45.27the sole general partner and the partnership or other entity must receive (1) an allocation
45.28from the Department of Management and Budget or an entitlement issuer of tax-exempt
45.29bonding authority for the project and a preliminary determination by the Minnesota
45.30Housing Finance Agency or the applicable suballocator of tax credits that the project
45.31will qualify for four percent low-income housing tax credits or (2) a reservation of nine
45.32percent low-income housing tax credits from the Minnesota Housing Finance Agency or a
45.33suballocator of tax credits for the project. A qualified housing development project may
45.34admit nonelderly individuals and families with higher incomes if:
45.35(1) three years have passed since initial occupancy;
46.1(2) the authority finds the project is experiencing unanticipated vacancies resulting in
46.2insufficient revenues, because of changes in population or other unforeseen circumstances
46.3that occurred after the initial finding of adequate revenues; and
46.4(3) the authority finds a tax levy or payment from general assets of the general
46.5jurisdiction governmental unit will be necessary to pay debt service on the bonds if higher
46.6income individuals or families are not admitted.
46.7(f) The authority may issue bonds to refund bonds issued under this subdivision in
46.8accordance with section475.67 . The finding of the adequacy of pledged revenues required
46.9by paragraph (a) and the public hearing required by paragraph (b) shall not apply to the
46.10issuance of refunding bonds. This paragraph applies to refunding bonds issued on and
46.11after July 1, 1992.
46.12 Sec. 77. Minnesota Statutes 2012, section 469.053, subdivision 4, is amended to read:
46.13 Subd. 4. Mandatory city levy. A city shall, at the request of the port authority, levy
46.14a tax in any year for the benefit of the port authority. The tax must not exceed 0.01813
46.15percent oftaxable estimated market value. The amount levied must be paid by the city
46.16treasurer to the treasurer of the port authority, to be spent by the authority.
46.17 Sec. 78. Minnesota Statutes 2012, section 469.053, subdivision 4a, is amended to read:
46.18 Subd. 4a. Seaway port authority levy. A levy made under this subdivision shall
46.19replace the mandatory city levy under subdivision 4. A seaway port authority is a special
46.20taxing district under section275.066 and may levy a tax in any year for the benefit of the
46.21seaway port authority. The tax must not exceed 0.01813 percent oftaxable estimated
46.22 market value. The county auditor shall distribute the proceeds of the property tax levy to
46.23the seaway port authority.
46.24 Sec. 79. Minnesota Statutes 2012, section 469.053, subdivision 6, is amended to read:
46.25 Subd. 6. Discretionary city levy. Upon request of a port authority, the port
46.26authority's city may levy a tax to be spent by and for its port authority. The tax must
46.27enable the port authority to carry out efficiently and in the public interest sections469.048
46.28to469.068 to create and develop industrial development districts. The levy must not be
46.29more than 0.00282 percent oftaxable estimated market value. The county treasurer shall
46.30pay the proceeds of the tax to the port authority treasurer. The money may be spent by
46.31the authority in performance of its duties to create and develop industrial development
46.32districts. In spending the money the authority must judge what best serves the public
46.33interest. The levy in this subdivision is in addition to the levy in subdivision 4.
47.1 Sec. 80. Minnesota Statutes 2012, section 469.107, subdivision 1, is amended to read:
47.2 Subdivision 1. City tax levy. A city may, at the request of the authority, levy a tax in
47.3any year for the benefit of the authority. The tax must be not more than 0.01813 percent of
47.4taxable estimated market value. The amount levied must be paid by the city treasurer to
47.5the treasurer of the authority, to be spent by the authority.
47.6 Sec. 81. Minnesota Statutes 2012, section 469.180, subdivision 2, is amended to read:
47.7 Subd. 2. Tax levies. Notwithstanding any law, the county board of any county may
47.8appropriate from the general revenue fund a sum not to exceed a county levy of 0.00080
47.9percent oftaxable estimated market value to carry out the purposes of this section.
47.10 Sec. 82. Minnesota Statutes 2012, section 469.187, is amended to read:
47.11469.187 FIRST CLASS CITY SPENDING FOR PUBLICITY; PUBLICITY
47.12BOARD.
47.13Any city of the first class may expend money for city publicity purposes. The city may
47.14levy a tax, not exceeding 0.00080 percent oftaxable estimated market value. The proceeds
47.15of the levy shall be expended in the manner and for the city publicity purposes the council
47.16directs. The council may establish and provide for a publicity board or bureau to administer
47.17the fund, subject to the conditions and limitations the council prescribes by ordinance.
47.18 Sec. 83. Minnesota Statutes 2012, section 469.206, is amended to read:
47.19469.206 HAZARDOUS PROPERTY PENALTY.
47.20A city may assess a penalty up to one percent of the estimated market value of
47.21real property, including any building located within the city that the city determines to
47.22be hazardous as defined in section463.15, subdivision 3 . The city shall send a written
47.23notice to the address to which the property tax statement is sent at least 90 days before it
47.24may assess the penalty. If the owner of the property has not paid the penalty or fixed the
47.25property within 90 days after receiving notice of the penalty, the penalty is considered
47.26delinquent and is increased by 25 percent each 60 days the penalty is not paid and the
47.27property remains hazardous. For the purposes of this section, a penalty that is delinquent
47.28is considered a delinquent property tax and subject to chapters 279, 280, and 281, in the
47.29same manner as delinquent property taxes.
48.1 Sec. 84. Minnesota Statutes 2012, section 471.24, is amended to read:
48.2471.24 TOWNS, STATUTORY CITIES; JOINT MAINTENANCE OF
48.3CEMETERY.
48.4Where a statutory city or town owns and maintains an established cemetery or burial
48.5ground, either within or without the municipal limits, the statutory city or town may, by
48.6mutual agreement with contiguous statutory cities and towns, each havinga an estimated
48.7 market value of not less than $2,000,000, join together in the maintenance of such public
48.8cemetery or burial ground for the use of the inhabitants of each of such municipalities; and
48.9each such municipality is hereby authorized, by action of its council or governing body,
48.10to levy a tax or make an appropriation for the annual support and maintenance of such
48.11cemetery or burial ground; provided, the amount thus appropriated by each municipality
48.12shall not exceed a total of $10,000 in any one year.
48.13 Sec. 85. Minnesota Statutes 2012, section 471.571, subdivision 1, is amended to read:
48.14 Subdivision 1. Application. This section applies to each city in which the net tax
48.15capacity of real and personal property consists in part of iron ore or lands containing
48.16taconite or semitaconite and in which the totaltaxable estimated market value of real
48.17and personal property exceeds $2,500,000.
48.18 Sec. 86. Minnesota Statutes 2012, section 471.571, subdivision 2, is amended to read:
48.19 Subd. 2. Creation of fund, tax levy. The governing body of the city may create a
48.20permanent improvement and replacement fund to be maintained by an annual tax levy.
48.21The governing body may levy a tax in excess of any charter limitation for the support of
48.22the permanent improvement and replacement fund, but not exceeding the following:
48.23(a) in cities having a population of not more than 500 inhabitants, the lesser of $20
48.24per capita or 0.08059 percent oftaxable estimated market value;
48.25(b) in cities having a population of more than 500 and less than2500 2,500, the
48.26greater of $12.50 per capita or $10,000 but not exceeding 0.08059 percent oftaxable
48.27 estimated market value;
48.28(c) in cities having a population ofmore than 2500 2,500 or more inhabitants,
48.29the greater of $10 per capita or $31,500 but not exceeding 0.08059 percent oftaxable
48.30 estimated market value.
48.31 Sec. 87. Minnesota Statutes 2012, section 471.73, is amended to read:
48.32471.73 ACCEPTANCE OF PROVISIONS.
49.1In the case of any city within the class specified in section471.72 having a an
49.2estimated market value, as defined in section
471.72, in excess of $37,000,000; and in the
49.3case of any statutory city within such class havinga an estimated market value, as defined
49.4in section
471.72, of less than $5,000,000; and in the case of any statutory city within such
49.5class which is governed by Laws 1933, chapter 211, or Laws 1937, chapter 356; and in
49.6the case of any statutory city within such class which is governed by Laws 1929, chapter
49.7208, and hasa an estimated market value of less than $83,000,000; and in the case of
49.8any school district within such class havinga an estimated market value, as defined in
49.9section
471.72, of more than $54,000,000; and in the case of all towns within said class;
49.10sections471.71 to
471.83 apply only if the governing body of the city or statutory city, the
49.11board of the school district, or the town board of the town shall have adopted a resolution
49.12determining to issue bonds under the provisions of sections471.71 to
471.83 or to go
49.13upon a cash basis in accordance with the provisions thereof.
49.14 Sec. 88. Minnesota Statutes 2012, section 473.325, subdivision 2, is amended to read:
49.15 Subd. 2. Chapter 475 applies; exceptions. The Metropolitan Council shall sell and
49.16issue the bonds in the manner provided in chapter 475, and shall have the same powers
49.17and duties as a municipality issuing bonds under that law, except that the approval of a
49.18majority of the electors shall not be required and the net debt limitations shall not apply.
49.19The terms of each series of bonds shall be fixed so that the amount of principal and interest
49.20on all outstanding and undischarged bonds, together with the bonds proposed to be issued,
49.21due in any year shall not exceed 0.01209 percent of estimated market value of all taxable
49.22property in the metropolitan area as last finally equalized prior to a proposed issue. The
49.23bonds shall be secured in accordance with section475.61, subdivision 1 , and any taxes
49.24required for their payment shall be levied by the council, shall not affect the amount or rate
49.25of taxes which may be levied by the council for other purposes, shall be spread against all
49.26taxable property in the metropolitan area and shall not be subject to limitation as to rate or
49.27amount. Any taxes certified by the council to the county auditors for collection shall be
49.28reduced by the amount received by the council from the commissioner of management and
49.29budget or the federal government for the purpose of paying the principal and interest on
49.30bonds to which the levy relates. The council shall certify the fact and amount of all money
49.31so received to the county auditors, and the auditors shall reduce the levies previously made
49.32for the bonds in the manner and to the extent provided in section475.61, subdivision 3 .
50.1 Sec. 89. Minnesota Statutes 2012, section 473.629, is amended to read:
50.2473.629 VALUE OF PROPERTY FOR BOND ISSUES BY SCHOOL
50.3DISTRICTS.
50.4As to any landsto be detached from any school district under the provisions hereof
50.5 section 473.625, notwithstandingsuch prospective the detachment, the estimated market
50.6value ofsuch the detached lands and the net tax capacity of taxable properties now located
50.7therein or thereon shall be and on the lands on the date of the detachment constitute
50.8from and after the date of the enactment hereof a part of the estimated market value of
50.9propertiesupon the basis of which such used to calculate the net debt limit of the school
50.10districtmay issue its bonds,. The value of such the lands for such purpose to be and other
50.11taxable properties for purposes of the school district's net debt limit are 33-1/3 percent of
50.12the estimated market value thereof as determined and certified bysaid the assessor to said
50.13 the school district, andit shall be the duty of such the assessor annually on or before the
50.14tenth day of Octoberfrom and after the passage hereof, to so of each year, shall determine
50.15and certify that value; provided, however, that the value ofsuch the detached lands and
50.16such taxable properties shall never exceed 20 percent of the estimated market value of
50.17all propertiesconstituting and making up the basis aforesaid used to calculate the net
50.18debt limit of the school district.
50.19 Sec. 90. Minnesota Statutes 2012, section 473.661, subdivision 3, is amended to read:
50.20 Subd. 3. Levy limit. In any budget certified by the commissioners under this section,
50.21the amount included for operation and maintenance shall not exceed an amount which,
50.22when extended against the property taxable therefor under section473.621, subdivision 5 ,
50.23will require a levy at a rate of 0.00806 percent of estimated market value. Taxes levied by
50.24the corporation shall not affect the amount or rate of taxes which may be levied by any other
50.25local government unit within the metropolitan area under the provisions of any charter.
50.26 Sec. 91. Minnesota Statutes 2012, section 473.667, subdivision 9, is amended to read:
50.27 Subd. 9. Additional taxes. Nothing herein shall prevent the commission from
50.28levying a tax not to exceed 0.00121 percent of estimated market value on taxable property
50.29within its taxing jurisdiction, in addition to any levies found necessary for the debt
50.30service fund authorized by section473.671 . Nothing herein shall prevent the levy and
50.31appropriation for purposes of the commission of any other tax on property or on any
50.32income, transaction, or privilege, when and if authorized by law. All collections of any
50.33taxes so levied shall be included in the revenues appropriated for the purposes referred
50.34to in this section, unless otherwise provided in the law authorizing the levies; but no
51.1covenant as to the continuance or as to the rate and amount of any such levy shall be made
51.2with the holders of the commission's bonds unless specifically authorized by law.
51.3 Sec. 92. Minnesota Statutes 2012, section 473.671, is amended to read:
51.4473.671 LIMIT OF TAX LEVY.
51.5The taxes levied against the property of the metropolitan area in any one year shall
51.6not exceed 0.00806 percent oftaxable estimated market value, exclusive of taxes levied
51.7to pay the principal or interest on any bonds or indebtedness of the city issued under
51.8Laws 1943, chapter 500, and exclusive of any taxes levied to pay the share of the city for
51.9payments on bonded indebtedness of the corporation provided for in Laws 1943, chapter
51.10500. The levy of taxes authorized in Laws 1943, chapter 500, shall be in addition to the
51.11maximum rate allowed to be levied to defray the cost of government under the provisions
51.12of the charter of any city affected by Laws 1943, chapter 500.
51.13 Sec. 93. Minnesota Statutes 2012, section 473.711, subdivision 2a, is amended to read:
51.14 Subd. 2a. Tax levy. (a) The commission may levy a tax on all taxable property in the
51.15district as defined in section473.702 to provide funds for the purposes of sections
473.701
51.16to473.716 . The tax shall not exceed the property tax levy limitation determined in this
51.17subdivision. A participating county may agree to levy an additional tax to be used by the
51.18commission for the purposes of sections473.701 to
473.716 but the sum of the county's and
51.19commission's taxes may not exceed the county's proportionate share of the property tax levy
51.20limitation determined under this subdivision based on the ratio of its total net tax capacity
51.21to the total net tax capacity of the entire district as adjusted by section270.12, subdivision
51.223 . The auditor of each county in the district shall add the amount of the levy made by the
51.23district to other taxes of the county for collection by the county treasurer with other taxes.
51.24When collected, the county treasurer shall make settlement of the tax with the district in
51.25the same manner as other taxes are distributed to political subdivisions. No county shall
51.26levy any tax for mosquito, disease vectoring tick, and black gnat (Simuliidae) control
51.27except under this section. The levy shall be in addition to other taxes authorized by law.
51.28(b) The property tax levied by the Metropolitan Mosquito Control Commission shall
51.29not exceed the product of (i) the commission's property tax levy limitation for the previous
51.30year determined under this subdivision multiplied by (ii) an index for market valuation
51.31changes equal to the total estimated marketvaluation value of all taxable property for the
51.32current tax payable year located within the district plus any area that has been added to the
51.33district since the previous year, divided by the total estimated marketvaluation value of all
51.34taxable property located within the district for the previous taxes payable year.
52.1(c) For the purpose of determining the commission's property tax levy limitation
52.2under this subdivision, "total market valuation" means the total market valuation of all
52.3taxable property within the district without valuation adjustments for fiscal disparities
52.4(chapter 473F), tax increment financing (sections
469.174 to 469.179), and high voltage
52.5transmission lines (section 273.425).
52.6 Sec. 94. Minnesota Statutes 2012, section 473F.02, subdivision 12, is amended to read:
52.7 Subd. 12. Adjusted market value. "Adjusted market value" of real and personal
52.8property within a municipality means theassessor's estimated taxable market value,
52.9as defined in section 272.03, of all real and personal property, including the value of
52.10manufactured housing, within the municipality, adjusted for sales ratios in a manner
52.11similar to the adjustments made to city and town net tax capacities. For purposes
52.12of sections
473F.01 to
473F.13, the commissioner of revenue shall annually make
52.13determinations and reports with respect to each municipality which are comparable to
52.14those it makes for school districts under section
127A.48, subdivisions 1 to 6 , in the same
52.15manner and at the same times as are prescribed by the subdivisions. The commissioner
52.16of revenue shall annually determine, for each municipality, information comparable to
52.17that required by section
475.53, subdivision 4, for school districts, as soon as practicable
52.18after it becomes available. The commissioner of revenue shall then compute the equalized
52.19market value of property within each municipality using the aggregate sales ratios from
52.20the Department of Revenue's sales ratio study.
52.21 Sec. 95. Minnesota Statutes 2012, section 473F.02, subdivision 14, is amended to read:
52.22 Subd. 14. Fiscal capacity. "Fiscal capacity" of a municipality means itsvaluation
52.23 adjusted market value, determined as of January 2 of any year, divided by its population,
52.24determined as of a date in the same year.
52.25 Sec. 96. Minnesota Statutes 2012, section 473F.02, subdivision 15, is amended to read:
52.26 Subd. 15. Average fiscal capacity. "Average fiscal capacity" of municipalities
52.27means the sum of thevaluations adjusted market values of all municipalities, determined
52.28as of January 2 of any year, divided by the sum of their populations, determined as of
52.29a date in the same year.
52.30 Sec. 97. Minnesota Statutes 2012, section 473F.02, subdivision 23, is amended to read:
52.31 Subd. 23. Net tax capacity. "Net tax capacity" means the taxable market value of
52.32real and personal property multiplied by its net tax capacity rates in section273.13 .
53.1 Sec. 98. Minnesota Statutes 2012, section 473F.08, subdivision 10, is amended to read:
53.2 Subd. 10. Adjustment of valueor net tax capacity. For the purpose of computing
53.3the amount or rate of any salary, aid, tax, or debt authorized, required, or limited by any
53.4provision of any law or charter, where such authorization, requirement, or limitation
53.5is related in any manner to any value or valuation of taxable property within any
53.6governmental unit, such value or net tax capacity fiscal capacity under section 473F.02,
53.7subdivision 14, a municipality's taxable market value shall be adjusted to reflect the
53.8adjustments reductions to net tax capacity effected by subdivision 2, clause (a), provided
53.9that: (1) in determining the taxable market value of commercial-industrial property
53.10or any class thereof within agovernmental unit for any purpose other than section
53.11473F.07 municipality, (a) the reduction required by this subdivision shall be that amount
53.12which bears the same proportion to the amount subtracted from thegovernmental unit's
53.13 municipality's net tax capacity pursuant to subdivision 2, clause (a), as the taxable
53.14market value of commercial-industrial property, or such class thereof, located within the
53.15governmental unit municipality bears to the net tax capacity of commercial-industrial
53.16property, or such class thereof, located within thegovernmental unit, and (b) the increase
53.17required by this subdivision shall be that amount which bears the same proportion to
53.18the amount added to the governmental unit's net tax capacity pursuant to subdivision 2,
53.19clause (b), as the market value of commercial-industrial property, or such class thereof,
53.20located within the governmental unit bears to the net tax capacity of commercial-industrial
53.21property, or such class thereof, located within the governmental unit; and (2) in determining
53.22the market value of real property within a municipality for purposes of section
473F.07,
53.23the adjustment prescribed by clause (1)(a) hereof shall be made and that prescribed by
53.24clause (1)(b) hereof shall not be made municipality. No adjustment shall be made to
53.25taxable market value for the increase in net tax capacity under subdivision 2, clause (b).
53.26 Sec. 99. Minnesota Statutes 2012, section 475.521, subdivision 4, is amended to read:
53.27 Subd. 4. Limitations on amount. A municipality may not issue bonds under this
53.28section if the maximum amount of principal and interest to become due in any year on
53.29all the outstanding bonds issued under this section, including the bonds to be issued,
53.30will equal or exceed 0.16 percent of thetaxable estimated market value of property
53.31in the municipality. Calculation of the limit must be made using thetaxable estimated
53.32 market value for the taxes payable year in which the obligations are issued and sold. In
53.33the case of a municipality with a population of 2,500 or more, the bonds are subject to
53.34the net debt limits under section475.53 . In the case of a shared facility in which more
53.35than one municipality participates, upon compliance by each participating municipality
54.1with the requirements of subdivision 2, the limitations in this subdivision and the net debt
54.2represented by the bonds shall be allocated to each participating municipality in proportion
54.3to its required financial contribution to the financing of the shared facility, as set forth in
54.4the joint powers agreement relating to the shared facility. This section does not limit the
54.5authority to issue bonds under any other special or general law.
54.6 Sec. 100. Minnesota Statutes 2012, section 475.53, subdivision 1, is amended to read:
54.7 Subdivision 1. Generally. Except as otherwise provided in sections475.51 to
54.8475.74
, no municipality, except a school district or a city of the first class, shall incur or be
54.9subject to a net debt in excess of three percent of the estimated market value of taxable
54.10property in the municipality.
54.11 Sec. 101. Minnesota Statutes 2012, section 475.53, subdivision 3, is amended to read:
54.12 Subd. 3. Cities first class. Unless its charter permits a greater net debt a city of
54.13the first class may not incur a net debt in excess of two percent of the estimated market
54.14value of all taxable property therein. If the charter of the city permits a net debt of the city
54.15in excess of two percent of its valuation, it may not incur a net debt in excess of 3-2/3
54.16percent of the estimated market value of the taxable property therein.
54.17The county auditor, at the time of preparing the tax list of the city, shall compile a
54.18statement setting forth the total net tax capacity and the total estimated market value of
54.19each class of taxable property in such city for such year.
54.20 Sec. 102. Minnesota Statutes 2012, section 475.53, subdivision 4, is amended to read:
54.21 Subd. 4. School districts. Except as otherwise provided by law, no school district
54.22shall be subject to a net debt in excess of 15 percent of theactual estimated market value of
54.23all taxable property situated within its corporate limits, as computed in accordance with this
54.24subdivision. The county auditor of each county containing taxable real or personal property
54.25situated within any school district shall certify to the district upon request the estimated
54.26market value of all such property. Whenever the commissioner of revenue, in accordance
54.27with section127A.48, subdivisions 1 to 6 , has determined that the net tax capacity of any
54.28district furnished by county auditors is not based upon the adjusted market value of taxable
54.29property in the district exceeds the estimated market value of property within the district,
54.30the commissioner of revenue shall certify to the district upon request the ratio most recently
54.31ascertained to exist betweensuch the estimated market value and the actual adjusted
54.32 market value of property within the district., and the actual market value of property
54.33within a district, on which its debt limit under this subdivision is will be based, is (a) the
55.1value certified by the county auditors, or (b) this on the estimated market value divided by
55.2the ratio certified by the commissioner of revenue, whichever results in a higher value.
55.3 Sec. 103. Minnesota Statutes 2012, section 475.58, subdivision 2, is amended to read:
55.4 Subd. 2. Funding, refunding. Any county, city, town, or school district whose
55.5outstanding gross debt, including all items referred to in section475.51, subdivision
55.64 , exceed in amount 1.62 percent of its estimated market value may issue bonds under
55.7this subdivision for the purpose of funding or refunding such indebtedness or any part
55.8thereof. A list of the items of indebtedness to be funded or refunded shall be made by the
55.9recording officer and treasurer and filed in the office of the recording officer. The initial
55.10resolution of the governing body shall refer to this subdivision as authority for the issue,
55.11state the amount of bonds to be issued and refer to the list of indebtedness to be funded or
55.12refunded. This resolution shall be published once each week for two successive weeks
55.13in a legal newspaper published in the municipality or if there be no such newspaper, in
55.14a legal newspaper published in the county seat. Such bonds may be issued without the
55.15submission of the question of their issue to the electors unless within ten days after the
55.16second publication of the resolution a petition requesting such election signed by ten or
55.17more voters who are taxpayers of the municipality, shall be filed with the recording officer.
55.18In event such petition is filed, no bonds shall be issued hereunder unless authorized by a
55.19majority of the electors voting on the question.
55.20 Sec. 104. Minnesota Statutes 2012, section 475.73, subdivision 1, is amended to read:
55.21 Subdivision 1. May purchase these bonds; conditions. Obligations sold under the
55.22provisions of section475.60 may be purchased by the State Board of Investment if the
55.23obligations meet the requirements of section11A.24, subdivision 2 , upon the approval of
55.24the attorney general as to form and execution of the application therefor, and under rules
55.25as the board may specify, and the state board shall have authority to purchase the same
55.26to an amount not exceeding3.63 percent of the estimated market value of the taxable
55.27property of the municipality, according to the last preceding assessment. The obligations
55.28shall not run for a shorter period than one year, nor for a longer period than 30 years and
55.29shall bear interest at a rate to be fixed by the state board but not less than two percent per
55.30annum. Forthwith upon the delivery to the state of Minnesota of any obligations issued by
55.31virtue thereof, the commissioner of management and budget shall certify to the respective
55.32auditors of the various counties wherein are situated the municipalities issuing the same,
55.33the number, denomination, amount, rate of interest and date of maturity of each obligation.
56.1 Sec. 105. Minnesota Statutes 2012, section 477A.011, subdivision 20, is amended to
56.2read:
56.3 Subd. 20. City net tax capacity. "City net tax capacity" means(1) the net tax
56.4capacity computed using the net tax capacity rates in section
273.13 for taxes payable
56.5in the year of the aid distribution, and the market values, after the exclusion in section
56.6273.13, subdivision 35, for taxes payable in the year prior to the aid distribution plus (2)
56.7a city's fiscal disparities distribution tax capacity under section
276A.06, subdivision 2,
56.8paragraph (b), or
473F.08, subdivision 2, paragraph (b), for taxes payable in the year prior
56.9to that for which aids are being calculated. The market value utilized in computing city
56.10net tax capacity shall be reduced by the sum of (1) a city's market value of commercial
56.11industrial property as defined in section
276A.01, subdivision 3, or
473F.02, subdivision 3,
56.12multiplied by the ratio determined pursuant to section
276A.06, subdivision 2, paragraph
56.13(a), or
473F.08, subdivision 2, paragraph (a), (2) the market value of the captured value
56.14of tax increment financing districts as defined in section
469.177, subdivision 2, and (3)
56.15the market value of transmission lines deducted from a city's total net tax capacity under
56.16section
273.425. The city net tax capacity will be computed using equalized market values
56.17 the city's adjusted net tax capacity under section 273.1325.
56.18EFFECTIVE DATE.This section is effective the day following final enactment.
56.19 Sec. 106. Minnesota Statutes 2012, section 477A.011, subdivision 32, is amended to
56.20read:
56.21 Subd. 32. Commercial industrial percentage. "Commercial industrial percentage"
56.22for a city is 100 times the sum of the estimated market values of all real property in the
56.23city classified as class 3 under section273.13, subdivision 24 , excluding public utility
56.24property, to the total estimated market value of all taxable real and personal property in
56.25the city. The estimated market values are the amounts computed before any adjustments
56.26for fiscal disparities under section276A.06 or
473F.08 . The estimated market values
56.27used for this subdivision are not equalized.
56.28EFFECTIVE DATE.This section is effective for aids payable in 2014 and thereafter.
56.29 Sec. 107. Minnesota Statutes 2012, section 477A.0124, subdivision 2, is amended to
56.30read:
56.31 Subd. 2. Definitions. (a) For the purposes of this section, the following terms
56.32have the meanings given them.
57.1(b) "County program aid" means the sum of "county need aid," "county tax base
57.2equalization aid," and "county transition aid."
57.3(c) "Age-adjusted population" means a county's population multiplied by the county
57.4age index.
57.5(d) "County age index" means the percentage of the population over age 65 within
57.6the county divided by the percentage of the population over age 65 within the state, except
57.7that the age index for any county may not be greater than 1.8 nor less than 0.8.
57.8(e) "Population over age 65" means the population over age 65 established as of
57.9July 15 in an aid calculation year by the most recent federal census, by a special census
57.10conducted under contract with the United States Bureau of the Census, by a population
57.11estimate made by the Metropolitan Council, or by a population estimate of the state
57.12demographer made pursuant to section4A.02 , whichever is the most recent as to the stated
57.13date of the count or estimate for the preceding calendar year and which has been certified
57.14to the commissioner of revenue on or before July 15 of the aid calculation year. A revision
57.15to an estimate or count is effective for these purposes only if certified to the commissioner
57.16on or before July 15 of the aid calculation year. Clerical errors in the certification or use of
57.17estimates and counts established as of July 15 in the aid calculation year are subject to
57.18correction within the time periods allowed under section477A.014 .
57.19(f) "Part I crimes" means the three-year average annual number of Part I crimes
57.20reported for each county by the Department of Public Safety for the most recent years
57.21available. By July 1 of each year, the commissioner of public safety shall certify to the
57.22commissioner of revenue the number of Part I crimes reported for each county for the
57.23three most recent calendar years available.
57.24(g) "Households receiving food stamps" means the average monthly number of
57.25households receiving food stamps for the three most recent years for which data is
57.26available. By July 1 of each year, the commissioner of human services must certify to the
57.27commissioner of revenue the average monthly number of households in the state and in
57.28each county that receive food stamps, for the three most recent calendar years available.
57.29(h) "County net tax capacity" means thenet tax capacity of the county, computed
57.30analogously to city net tax capacity under section
477A.011, subdivision 20 county's
57.31adjusted net tax capacity under section 273.1325.
57.32EFFECTIVE DATE.This section is effective the day following final enactment.
57.33 Sec. 108. Minnesota Statutes 2012, section 641.23, is amended to read:
57.34641.23 FUNDS; HOW PROVIDED.
58.1Before any contract is made for the erection of a county jail, sheriff's residence, or
58.2both, the county board shall either levy a sufficient tax to provide the necessary funds, or
58.3issue county bonds therefor in accordance with the provisions of chapter 475, provided
58.4that no election is required if the amount of all bonds issued for this purpose and interest
58.5on them which are due and payable in any year does not exceed an amount equal to
58.60.09671 percent of estimated market value of taxable property within the county, as last
58.7determined before the bonds are issued.
58.8 Sec. 109. Minnesota Statutes 2012, section 641.24, is amended to read:
58.9641.24 LEASING.
58.10The county may, by resolution of the county board, enter into a lease agreement with
58.11any statutory or home rule charter city situated within the county, or a county housing and
58.12redevelopment authority established pursuant to chapter 469 or any special law whereby
58.13the city or county housing and redevelopment authority will construct a jail or other law
58.14enforcement facilities for the county sheriff, deputy sheriffs, and other employees of the
58.15sheriff and other law enforcement agencies, in accordance with plans prepared by or at
58.16the request of the county board and, when required, approved by the commissioner of
58.17corrections and will finance it by the issuance of revenue bonds, and the county may lease
58.18the site and improvements for a term and upon rentals sufficient to produce revenue for the
58.19prompt payment of the bonds and all interest accruing thereon and, upon completion of
58.20payment, will acquire title thereto. The real and personal property acquired for the jail
58.21shall constitute a project and the lease agreement shall constitute a revenue agreement
58.22as contemplated in chapter 469, and all proceedings shall be taken by the city or county
58.23housing and redevelopment authority and the county in the manner and with the force and
58.24effect provided in chapter 469; provided that:
58.25(1) no tax shall be imposed upon or in lieu of a tax upon the property;
58.26(2) the approval of the project by the commissioner of commerce shall not be required;
58.27(3) the Department of Corrections shall be furnished and shall record such
58.28information concerning each project as it may prescribe;
58.29(4) the rentals required to be paid under the lease agreement shall not exceed in any
58.30year one-tenth of one percent of the estimated market value of property within the county,
58.31as last finally equalized before the execution of the agreement;
58.32(5) the county board shall provide for the payment of all rentals due during the term
58.33of the lease, in the manner required in section641.264, subdivision 2 ;
59.1(6) no mortgage on the property shall be granted for the security of the bonds, but
59.2compliance with clause (5) hereof may be enforced as a nondiscretionary duty of the
59.3county board; and
59.4(7) the county board may sublease any part of the jail property for purposes consistent
59.5with the maintenance and operation of a county jail or other law enforcement facility.
59.6 Sec. 110. Minnesota Statutes 2012, section 645.44, is amended by adding a subdivision
59.7to read:
59.8 Subd. 20. Estimated market value. When used in determining or calculating a
59.9limit on taxation, spending, state aid amounts, or debt, bond, certificate of indebtedness, or
59.10capital note issuance by or for a local government unit, "estimated market value" has the
59.11meaning given in section 273.032.
59.12 Sec. 111. REVISOR'S INSTRUCTION.
59.13The revisor of statutes shall recodify Minnesota Statutes, section 127.48,
59.14subdivisions 1 to 6, as section 273.1325, subdivisions 1 to 6, and change all
59.15cross-references to the affected subdivisions accordingly.
59.16EFFECTIVE DATE.This section is effective the day following final enactment.
59.17 Sec. 112. REPEALER.
59.18Minnesota Statutes 2012, sections 273.11, subdivision 1a; 276A.01, subdivision 11;
59.19473F.02, subdivision 13; and 477A.011, subdivision 21, are repealed.
59.20 Sec. 113. EFFECTIVE DATE.
59.21Unless otherwise specifically provided, this act is effective the day following final
59.22enactment for purposes of limits on net debt, the issuance of bonds, certificates of
59.23indebtedness, and capital notes and is effective beginning for taxes payable in 2014 for
59.24all other purposes.
1.3for tax, debt, and other purposes; appropriating money;amending Minnesota
1.4Statutes 2012, sections 38.18; 40A.15, subdivision 2; 69.011, subdivision 1;
1.569.021, subdivisions 7, 8; 88.51, subdivision 3; 103B.245, subdivision 3;
1.6103B.251, subdivision 8; 103B.635, subdivision 2; 103B.691, subdivision 2;
1.7103D.905, subdivisions 2, 3, 8; 117.025, subdivision 7; 127A.48, subdivision 1;
1.8138.053; 144F.01, subdivision 4; 162.07, subdivisions 3, 4; 163.04, subdivision
1.93; 163.06, subdivision 6; 165.10, subdivision 1; 272.03, by adding subdivisions;
1.10273.032; 273.11, subdivision 1; 273.124, subdivisions 3a, 13; 273.13, subdivision
1.1121b; 273.1398, subdivisions 3, 4; 275.011, subdivision 1; 275.077, subdivision
1.122; 275.71, subdivision 4; 276.04, subdivision 2; 276A.01, subdivisions 10,
1.1312, 13, 15; 276A.06, subdivision 10; 287.08; 287.23, subdivision 1; 353G.08,
1.14subdivision 2; 365.025, subdivision 4; 366.095, subdivision 1; 366.27; 368.01,
1.15subdivision 23; 368.47; 370.01; 373.40, subdivisions 1, 4; 375.167, subdivision
1.161; 375.18, subdivision 3; 375.555; 383B.152; 383B.245; 383B.73, subdivision
1.171; 383E.20; 383E.23; 385.31; 394.36, subdivision 1; 398A.04, subdivision
1.188; 401.05, subdivision 3; 410.32; 412.221, subdivision 2; 412.301; 428A.02,
1.19subdivision 1; 430.102, subdivision 2; 447.10; 450.19; 450.25; 458A.10;
1.20458A.31, subdivision 1; 465.04; 469.033, subdivision 6; 469.034, subdivision
1.212; 469.053, subdivisions 4, 4a, 6; 469.107, subdivision 1; 469.180, subdivision
1.222; 469.187; 469.206; 471.24; 471.571, subdivisions 1, 2; 471.73; 473.325,
1.23subdivision 2; 473.629; 473.661, subdivision 3; 473.667, subdivision 9;
1.24473.671; 473.711, subdivision 2a; 473F.02, subdivisions 12, 14, 15, 23; 473F.08,
1.25subdivision 10; 475.521, subdivision 4; 475.53, subdivisions 1, 3, 4; 475.58,
1.26subdivision 2; 475.73, subdivision 1; 477A.011, subdivisions 20, 32; 477A.0124,
1.27subdivision 2; 641.23; 641.24; 645.44, by adding a subdivision; repealing
1.28Minnesota Statutes 2012, sections 273.11, subdivision 1a; 276A.01, subdivision
1.2911; 473F.02, subdivision 13; 477A.011, subdivision 21.
1.30BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.31 Section 1. Minnesota Statutes 2012, section 38.18, is amended to read:
1.3238.18 COUNTY FAIRGROUNDS; IMPROVEMENT AIDED.
1.33
1.34time having
2.1
2.2limits,
2.3
2.4owning the fairground
2.5
2.6by resolution,
2.7 The
2.8
2.9board
2.10 Sec. 2. Minnesota Statutes 2012, section 40A.15, subdivision 2, is amended to read:
2.11 Subd. 2. Eligible recipients. All counties within the state, municipalities that prepare
2.12plans and official controls instead of a county, and districts are eligible for assistance
2.13under the program. Counties and districts may apply for assistance on behalf of other
2.14municipalities. In order to be eligible for financial assistance a county or municipality must
2.15agree to levy at least 0.01209 percent of
2.16land preservation and conservation activities or otherwise spend the equivalent amount of
2.17local money on those activities, or spend $15,000 of local money, whichever is less.
2.18 Sec. 3. Minnesota Statutes 2012, section 69.011, subdivision 1, is amended to read:
2.19 Subdivision 1. Definitions. Unless the language or context clearly indicates that
2.20a different meaning is intended, the following words and terms, for the purposes of this
2.21chapter and chapters 423, 423A, 424 and 424A, have the meanings ascribed to them:
2.22 (a) "Commissioner" means the commissioner of revenue.
2.23 (b) "Municipality" means:
2.24 (1) a home rule charter or statutory city;
2.25 (2) an organized town;
2.26 (3) a park district subject to chapter 398;
2.27 (4) the University of Minnesota;
2.28 (5) for purposes of the fire state aid program only, an American Indian tribal
2.29government entity located within a federally recognized American Indian reservation;
2.30 (6) for purposes of the police state aid program only, an American Indian tribal
2.31government with a tribal police department which exercises state arrest powers under
2.32section
2.33 (7) for purposes of the police state aid program only, the Metropolitan Airports
2.34Commission; and
3.1 (8) for purposes of the police state aid program only, the Department of Natural
3.2Resources and the Department of Public Safety with respect to peace officers covered
3.3under chapter 352B.
3.4 (c) "Minnesota Firetown Premium Report" means a form prescribed by the
3.5commissioner containing space for reporting by insurers of fire, lightning, sprinkler
3.6leakage and extended coverage premiums received upon risks located or to be performed
3.7in this state less return premiums and dividends.
3.8 (d) "Firetown" means the area serviced by any municipality having a qualified fire
3.9department or a qualified incorporated fire department having a subsidiary volunteer
3.10firefighters' relief association.
3.11 (e) "Estimated market value" means latest available estimated market value of all
3.12property in a taxing jurisdiction, whether the property is subject to taxation, or exempt
3.13from ad valorem taxation obtained from information which appears on abstracts filed with
3.14the commissioner of revenue or equalized by the State Board of Equalization.
3.15 (f) "Minnesota Aid to Police Premium Report" means a form prescribed by the
3.16commissioner for reporting by each fire and casualty insurer of all premiums received
3.17upon direct business received by it in this state, or by its agents for it, in cash or otherwise,
3.18during the preceding calendar year, with reference to insurance written for insuring against
3.19the perils contained in auto insurance coverages as reported in the Minnesota business
3.20schedule of the annual financial statement which each insurer is required to file with
3.21the commissioner in accordance with the governing laws or rules less return premiums
3.22and dividends.
3.23 (g) "Peace officer" means any person:
3.24 (1) whose primary source of income derived from wages is from direct employment
3.25by a municipality or county as a law enforcement officer on a full-time basis of not less
3.26than 30 hours per week;
3.27 (2) who has been employed for a minimum of six months prior to December 31
3.28preceding the date of the current year's certification under subdivision 2, clause (b);
3.29 (3) who is sworn to enforce the general criminal laws of the state and local ordinances;
3.30 (4) who is licensed by the Peace Officers Standards and Training Board and is
3.31authorized to arrest with a warrant; and
3.32 (5) who is a member of the State Patrol retirement plan or the public employees
3.33police and fire fund.
3.34 (h) "Full-time equivalent number of peace officers providing contract service" means
3.35the integral or fractional number of peace officers which would be necessary to provide
4.1the contract service if all peace officers providing service were employed on a full-time
4.2basis as defined by the employing unit and the municipality receiving the contract service.
4.3 (i) "Retirement benefits other than a service pension" means any disbursement
4.4authorized under section
4.5 (j) "Municipal clerk, municipal clerk-treasurer, or county auditor" means:
4.6(1) for the police state aid program and police relief association financial reports:
4.7(i) the person who was elected or appointed to the specified position or, in the
4.8absence of the person, another person who is designated by the applicable governing body;
4.9(ii) in a park district, the secretary of the board of park district commissioners;
4.10(iii) in the case of the University of Minnesota, the official designated by the Board
4.11of Regents;
4.12(iv) for the Metropolitan Airports Commission, the person designated by the
4.13commission;
4.14(v) for the Department of Natural Resources or the Department of Public Safety, the
4.15respective commissioner;
4.16(vi) for a tribal police department which exercises state arrest powers under section
4.18Indian tribal government; and
4.19(2) for the fire state aid program and fire relief association financial reports, the
4.20person who was elected or appointed to the specified position, or, for governmental
4.21entities other than counties, if the governing body of the governmental entity designates
4.22the position to perform the function, the chief financial official of the governmental entity
4.23or the chief administrative official of the governmental entity.
4.24(k) "Voluntary statewide lump-sum volunteer firefighter retirement plan" means the
4.25retirement plan established by chapter 353G.
4.26 Sec. 4. Minnesota Statutes 2012, section 69.021, subdivision 7, is amended to read:
4.27 Subd. 7. Apportionment of fire state aid to municipalities and relief associations.
4.28(a) The commissioner shall apportion the fire state aid relative to the premiums reported
4.29on the Minnesota Firetown Premium Reports filed under this chapter to each municipality
4.30and/or firefighters relief association.
4.31(b) The commissioner shall calculate an initial fire state aid allocation amount for
4.32each municipality or fire department under paragraph (c) and a minimum fire state aid
4.33allocation amount for each municipality or fire department under paragraph (d). The
4.34municipality or fire department must receive the larger fire state aid amount.
5.1(c) The initial fire state aid allocation amount is the amount available for
5.2apportionment as fire state aid under subdivision 5, without inclusion of any additional
5.3funding amount to support a minimum fire state aid amount under section
5.4subdivision 3
5.5statewide federal census for each fire town and one-half in proportion to the estimated
5.6market value of each fire town, including (1) the estimated market value of tax-exempt
5.7property and (2) the estimated market value of natural resources lands receiving in lieu
5.8payments under sections
5.9of minerals. In the case of incorporated or municipal fire departments furnishing fire
5.10protection to other cities, towns, or townships as evidenced by valid fire service contracts
5.11filed with the commissioner, the distribution must be adjusted proportionately to take
5.12into consideration the crossover fire protection service. Necessary adjustments must be
5.13made to subsequent apportionments. In the case of municipalities or independent fire
5.14departments qualifying for the aid, the commissioner shall calculate the state aid for the
5.15municipality or relief association on the basis of the population and the estimated market
5.16value of the area furnished fire protection service by the fire department as evidenced by
5.17duly executed and valid fire service agreements filed with the commissioner. If one or
5.18more fire departments are furnishing contracted fire service to a city, town, or township,
5.19only the population and estimated market value of the area served by each fire department
5.20may be considered in calculating the state aid and the fire departments furnishing service
5.21shall enter into an agreement apportioning among themselves the percent of the population
5.22and the estimated market value of each service area. The agreement must be in writing
5.23and must be filed with the commissioner.
5.24(d) The minimum fire state aid allocation amount is the amount in addition to the
5.25initial fire state allocation amount that is derived from any additional funding amount
5.26to support a minimum fire state aid amount under section
5.27allocated to municipalities with volunteer firefighters relief associations or covered by the
5.28voluntary statewide lump-sum volunteer firefighter retirement plan based on the number
5.29of active volunteer firefighters who are members of the relief association as reported
5.30in the annual financial reporting for the calendar year 1993 to the Office of the State
5.31Auditor, but not to exceed 30 active volunteer firefighters, so that all municipalities or
5.32fire departments with volunteer firefighters relief associations receive in total at least a
5.33minimum fire state aid amount per 1993 active volunteer firefighter to a maximum of
5.3430 firefighters. If a relief association is established after calendar year 1993 and before
5.35calendar year 2000, the number of active volunteer firefighters who are members of the
5.36relief association as reported in the annual financial reporting for calendar year 1998
6.1to the Office of the State Auditor, but not to exceed 30 active volunteer firefighters,
6.2shall be used in this determination. If a relief association is established after calendar
6.3year 1999, the number of active volunteer firefighters who are members of the relief
6.4association as reported in the first annual financial reporting submitted to the Office of
6.5the State Auditor, but not to exceed 20 active volunteer firefighters, must be used in this
6.6determination. If a relief association is terminated as a result of providing retirement
6.7coverage for volunteer firefighters by the voluntary statewide lump-sum volunteer
6.8firefighter retirement plan under chapter 353G, the number of active volunteer firefighters
6.9of the municipality covered by the statewide plan as certified by the executive director of
6.10the Public Employees Retirement Association to the commissioner and the state auditor,
6.11but not to exceed 30 active firefighters, must be used in this determination.
6.12(e) Unless the firefighters of the applicable fire department are members of the
6.13voluntary statewide lump-sum volunteer firefighter retirement plan, the fire state aid must
6.14be paid to the treasurer of the municipality where the fire department is located and the
6.15treasurer of the municipality shall, within 30 days of receipt of the fire state aid, transmit
6.16the aid to the relief association if the relief association has filed a financial report with the
6.17treasurer of the municipality and has met all other statutory provisions pertaining to the
6.18aid apportionment. If the firefighters of the applicable fire department are members of
6.19the voluntary statewide lump-sum volunteer firefighter retirement plan, the fire state aid
6.20must be paid to the executive director of the Public Employees Retirement Association
6.21and deposited in the voluntary statewide lump-sum volunteer firefighter retirement fund.
6.22(f) The commissioner may make rules to permit the administration of the provisions
6.23of this section.
6.24(g) Any adjustments needed to correct prior misallocations must be made to
6.25subsequent apportionments.
6.26 Sec. 5. Minnesota Statutes 2012, section 69.021, subdivision 8, is amended to read:
6.27 Subd. 8. Population and estimated market value. (a) In computations relating to
6.28fire state aid requiring the use of population figures, only official statewide federal census
6.29figures are to be used. Increases or decreases in population disclosed by reason of any
6.30special census must not be taken into consideration.
6.31(b) In calculations relating to fire state aid requiring the use of estimated market
6.32value property figures, only the latest available estimated market value property figures
6.33may be used.
6.34 Sec. 6. Minnesota Statutes 2012, section 88.51, subdivision 3, is amended to read:
7.1 Subd. 3. Determination of estimated market value. In determining the net tax
7.2capacity of property within any taxing district the value of the surface of lands within any
7.3auxiliary forest therein, as determined by the county board under the provisions of section
7.5such forest, be deemed the estimated market value thereof.
7.6 Sec. 7. Minnesota Statutes 2012, section 103B.245, subdivision 3, is amended to read:
7.7 Subd. 3. Tax. After adoption of the ordinance under subdivision 2, a local
7.8government unit may annually levy a tax on all taxable property in the district for the
7.9purposes for which the tax district is established. The tax may not exceed 0.02418 percent
7.10of estimated market value on taxable property located in rural towns other than urban
7.11towns, unless allowed by resolution of the town electors. The proceeds of the tax shall
7.12be paid into a fund reserved for these purposes. Any proceeds remaining in the reserve
7.13fund at the time the tax is terminated or the district is dissolved shall be transferred and
7.14irrevocably pledged to the debt service fund of the local unit to be used solely to reduce
7.15tax levies for bonded indebtedness of taxable property in the district.
7.16 Sec. 8. Minnesota Statutes 2012, section 103B.251, subdivision 8, is amended to read:
7.17 Subd. 8. Tax. (a) For the payment of principal and interest on the bonds issued
7.18under subdivision 7 and the payment required under subdivision 6, the county shall
7.19irrevocably pledge and appropriate the proceeds of a tax levied on all taxable property
7.20located within the territory of the watershed management organization or subwatershed
7.21unit for which the bonds are issued. Each year until the reserve for payment of the bonds
7.22is sufficient to retire the bonds, the county shall levy on all taxable property in the territory
7.23of the organization or unit, without respect to any statutory or other limitation on taxes, an
7.24amount of taxes sufficient to pay principal and interest on the bonds and to restore any
7.25deficiencies in reserves required to be maintained for payment of the bonds.
7.26(b) The tax levied on rural towns other than urban towns may not exceed 0.02418
7.27percent of
7.28electors.
7.29(c) If at any time the amounts available from the levy on property in the territory of
7.30the organization are insufficient to pay principal and interest on the bonds when due, the
7.31county shall make payment from any available funds in the county treasury.
7.32(d) The amount of any taxes which are required to be levied outside of the territory
7.33of the watershed management organization or unit or taken from the general funds of the
8.1county to pay principal or interest on the bonds shall be reimbursed to the county from
8.2taxes levied within the territory of the watershed management organization or unit.
8.3 Sec. 9. Minnesota Statutes 2012, section 103B.635, subdivision 2, is amended to read:
8.4 Subd. 2. Municipal funding of district. (a) The governing body or board of
8.5supervisors of each municipality in the district must provide the funds necessary to meet
8.6its proportion of the total cost determined by the board, provided the total funding from
8.7all municipalities in the district for the costs shall not exceed an amount equal to .00242
8.8percent of the total
8.9of the municipalities in the district pass a resolution concurring to the additional costs.
8.10(b) The funds must be deposited in the treasury of the district in amounts and at
8.11times as the treasurer of the district requires.
8.12 Sec. 10. Minnesota Statutes 2012, section 103B.691, subdivision 2, is amended to read:
8.13 Subd. 2. Municipal funding of district. (a) The governing body or board of
8.14supervisors of each municipality in the district shall provide the funds necessary to meet its
8.15proportion of the total cost to be borne by the municipalities as finally certified by the board.
8.16(b) The municipality's funds may be raised by any means within the authority of
8.17the municipality. The municipalities may each levy a tax not to exceed .02418 percent of
8.18
8.19the funds. The levy shall be within all other limitations provided by law.
8.20(c) The funds must be deposited into the treasury of the district in amounts and at
8.21times as the treasurer of the district requires.
8.22 Sec. 11. Minnesota Statutes 2012, section 103D.905, subdivision 2, is amended to read:
8.23 Subd. 2. Organizational expense fund. (a) An organizational expense fund,
8.24consisting of an ad valorem tax levy, shall not exceed 0.01596 percent of
8.25 market value, or $60,000, whichever is less. The money in the fund shall be used for
8.26organizational expenses and preparation of the watershed management plan for projects.
8.27(b) The managers may borrow from the affected counties up to 75 percent of the
8.28anticipated funds to be collected from the organizational expense fund levy and the
8.29counties affected may make the advancements.
8.30(c) The advancement of anticipated funds shall be apportioned among affected
8.31counties in the same ratio as the net tax capacity of the area of the counties within
8.32the watershed district bears to the net tax capacity of the entire watershed district. If a
9.1watershed district is enlarged, an organizational expense fund may be levied against the
9.2area added to the watershed district in the same manner as provided in this subdivision.
9.3(d) Unexpended funds collected for the organizational expense may be transferred to
9.4the administrative fund and used for the purposes of the administrative fund.
9.5 Sec. 12. Minnesota Statutes 2012, section 103D.905, subdivision 3, is amended to read:
9.6 Subd. 3. General fund. A general fund, consisting of an ad valorem tax levy, may
9.7not exceed 0.048 percent of
9.8less. The money in the fund shall be used for general administrative expenses and for
9.9the construction or implementation and maintenance of projects of common benefit to
9.10the watershed district. The managers may make an annual levy for the general fund as
9.11provided in section
9.12annually levy a tax not to exceed 0.00798 percent of
9.13for a period not to exceed 15 consecutive years to pay the cost attributable to the basic
9.14water management features of projects initiated by petition of a political subdivision
9.15within the watershed district or by petition of at least 50 resident owners whose property
9.16is within the watershed district.
9.17 Sec. 13. Minnesota Statutes 2012, section 103D.905, subdivision 8, is amended to read:
9.18 Subd. 8. Survey and data acquisition fund. (a) A survey and data acquisition fund
9.19is established and used only if other funds are not available to the watershed district to pay
9.20for making necessary surveys and acquiring data.
9.21(b) The survey and data acquisition fund consists of the proceeds of a property tax
9.22that can be levied only once every five years. The levy may not exceed 0.02418 percent of
9.23
9.24(c) The balance of the survey and data acquisition fund may not exceed $50,000.
9.25(d) In a subsequent proceeding for a project where a survey has been made, the
9.26attributable cost of the survey as determined by the managers shall be included as a part of
9.27the cost of the work and the sum shall be repaid to the survey and data acquisition fund.
9.28 Sec. 14. Minnesota Statutes 2012, section 117.025, subdivision 7, is amended to read:
9.29 Subd. 7. Structurally substandard. "Structurally substandard" means a building:
9.30(1) that was inspected by the appropriate local government and cited for one or more
9.31enforceable housing, maintenance, or building code violations;
9.32(2) in which the cited building code violations involve one or more of the following:
9.33(i) a roof and roof framing element;
10.1(ii) support walls, beams, and headers;
10.2(iii) foundation, footings, and subgrade conditions;
10.3(iv) light and ventilation;
10.4(v) fire protection, including egress;
10.5(vi) internal utilities, including electricity, gas, and water;
10.6(vii) flooring and flooring elements; or
10.7(viii) walls, insulation, and exterior envelope;
10.8(3) in which the cited housing, maintenance, or building code violations have not
10.9been remedied after two notices to cure the noncompliance; and
10.10(4) has uncured housing, maintenance, and building code violations, satisfaction of
10.11which would cost more than 50 percent of the
10.12for the building, excluding land value, as determined under section
10.13taxes payable in the year in which the condemnation is commenced.
10.14A local government is authorized to seek from a judge or magistrate an administrative
10.15warrant to gain access to inspect a specific building in a proposed development or
10.16redevelopment area upon showing of probable cause that a specific code violation has
10.17occurred and that the violation has not been cured, and that the owner has denied the local
10.18government access to the property. Items of evidence that may support a conclusion of
10.19probable cause may include recent fire or police inspections, housing inspection, exterior
10.20evidence of deterioration, or other similar reliable evidence of deterioration in the specific
10.21building.
10.22 Sec. 15. Minnesota Statutes 2012, section 127A.48, subdivision 1, is amended to read:
10.23 Subdivision 1. Computation. The Department of Revenue must annually conduct
10.24an assessment/sales ratio study of the taxable property in each county, city, town, and
10.25school district in accordance with the procedures in subdivisions 2 and 3. Based upon the
10.26results of this assessment/sales ratio study, the Department of Revenue must determine an
10.27
10.28taxing district, the aggregate of which
10.29tax capacity. The adjusted net tax capacity must be reduced by the captured tax capacity of
10.30tax increment districts under section 469.177, subdivision 2, fiscal disparities contribution
10.31tax capacities under sections 276A.06 and 473F.08, and the tax capacity of transmission
10.32lines required to be subtracted from the local tax base under section 273.425; and increased
10.33by fiscal disparities distribution tax capacities under sections 276A.06 and 473F.08. The
10.34adjusted net tax capacities shall be determined using the net tax capacity percentages in
10.35effect for the assessment year following the assessment year of the study. The Department
11.1of Revenue must make whatever estimates are necessary to account for changes in the
11.2classification system. The Department of Revenue may incur the expense necessary to
11.3make the determinations. The commissioner of revenue may reimburse any county or
11.4governmental official for requested services performed in ascertaining the adjusted net tax
11.5capacity. On or before March 15 annually, the Department of Revenue shall file with the
11.6chair of the Tax Committee of the house of representatives and the chair of the Committee
11.7on Taxes and Tax laws of the senate a report of adjusted net tax capacities for school
11.8districts. On or before June 15 annually, the Department of Revenue shall file its final report
11.9on the adjusted net tax capacities for school districts established by the previous year's
11.10assessments and the current year's net tax capacity percentages with the commissioner of
11.11education and each county auditor for those school districts for which the auditor has the
11.12responsibility for determination of local tax rates. A copy of the report so filed shall be
11.13mailed to the clerk of each school district involved and to the county assessor or supervisor
11.14of assessments of the county or counties in which each school district is located.
11.15EFFECTIVE DATE.This section is effective the day following final enactment.
11.16 Sec. 16. Minnesota Statutes 2012, section 138.053, is amended to read:
11.17138.053 COUNTY HISTORICAL SOCIETY; TAX LEVY; CITIES OR
11.18TOWNS.
11.19The governing body of any home rule charter or statutory city or town may annually
11.20appropriate from its general fund an amount not to exceed 0.02418 percent of
11.21 estimated market value, derived from ad valorem taxes on property or other revenues, to
11.22be paid to the historical society of its respective county to be used for the promotion of
11.23historical work and to aid in defraying the expenses of carrying on the historical work in the
11.24county. No city or town may appropriate any funds for the benefit of any historical society
11.25unless the society is affiliated with and approved by the Minnesota Historical Society.
11.26 Sec. 17. Minnesota Statutes 2012, section 144F.01, subdivision 4, is amended to read:
11.27 Subd. 4. Property tax levy authority. The district's board may levy a tax on the
11.28taxable real and personal property in the district. The ad valorem tax levy may not exceed
11.290.048 percent of the
11.30is less. The proceeds of the levy must be used as provided in subdivision 5. The board shall
11.31certify the levy at the times as provided under section
11.32county with whatever information is necessary to identify the property that is located within
11.33the district. If the boundaries include a part of a parcel, the entire parcel shall be included
12.1in the district. The county auditors must spread, collect, and distribute the proceeds of the
12.2tax at the same time and in the same manner as provided by law for all other property taxes.
12.3 Sec. 18. Minnesota Statutes 2012, section 162.07, subdivision 3, is amended to read:
12.4 Subd. 3. Computation for rural counties. An amount equal to a levy of 0.01596
12.5percent on each rural county's total
12.6calendar year shall be computed and shall be subtracted from the county's total estimated
12.7construction costs. The result thereof shall be the money needs of the county. For the
12.8purpose of this section, "rural counties" means all counties having a population of less
12.9than 175,000.
12.10 Sec. 19. Minnesota Statutes 2012, section 162.07, subdivision 4, is amended to read:
12.11 Subd. 4. Computation for urban counties. An amount equal to a levy of 0.00967
12.12percent on each urban county's total
12.13calendar year shall be computed and shall be subtracted from the county's total estimated
12.14construction costs. The result thereof shall be the money needs of the county. For
12.15the purpose of this section, "urban counties" means all counties having a population
12.16of 175,000 or more.
12.17 Sec. 20. Minnesota Statutes 2012, section 163.04, subdivision 3, is amended to read:
12.18 Subd. 3. Bridges within certain cities. When the council of any statutory city or
12.19city of the third or fourth class may determine that it is necessary to build or improve any
12.20bridge or bridges, including approaches thereto, and any dam or retaining works connected
12.21therewith, upon or forming a part of streets or highways either wholly or partly within
12.22its limits, the county board shall appropriate one-half of the money as may be necessary
12.23therefor from the county road and bridge fund, not exceeding during any year one-half
12.24the amount of taxes paid into the county road and bridge fund during the preceding year,
12.25on property within the corporate limits of the city. The appropriation shall be made upon
12.26the petition of the council, which petition shall be filed by the council with the county
12.27board prior to the fixing by the board of the annual county tax levy. The county board
12.28shall determine the plans and specifications, shall let all necessary contracts, shall have
12.29charge of construction, and upon its request, warrants in payment thereof shall be issued
12.30by the county auditor, from time to time, as the construction work proceeds. Any unpaid
12.31balance may be paid or advanced by the city. On petition of the council, the appropriations
12.32of the county board, during not to exceed three successive years, may be made to apply
12.33on the construction of the same items and to repay any money advanced by the city in
13.1the construction thereof. None of the provisions of this section shall be construed to
13.2be mandatory as applied to any city whose estimated market value exceeds $2,100 per
13.3capita of its population.
13.4 Sec. 21. Minnesota Statutes 2012, section 163.06, subdivision 6, is amended to read:
13.5 Subd. 6. Expenditure in certain counties. In any county having not less than 95
13.6nor more than 105 full and fractional townships, and having
13.7of not less than $12,000,000 nor more than $21,000,000,
13.8 the county board, by resolution, may expend the funds provided in subdivision 4 in any
13.9organized or unorganized township or portion thereof in such county.
13.10 Sec. 22. Minnesota Statutes 2012, section 165.10, subdivision 1, is amended to read:
13.11 Subdivision 1. Certain counties may issue and sell. The county board of any
13.12county having no outstanding road and bridge bonds may issue and sell county road bonds
13.13in an amount not exceeding 0.12089 percent of the estimated market value of the taxable
13.14property within the county
13.15reconstructing, improving, or maintaining any bridge or bridges on any highway under its
13.16jurisdiction, without submitting the matter to a vote of the electors of the county.
13.17 Sec. 23. Minnesota Statutes 2012, section 272.03, is amended by adding a subdivision
13.18to read:
13.19 Subd. 14. Estimated market value. "Estimated market value" means the assessor's
13.20determination of market value, including the effects of any orders made under section
13.21270.12 or chapter 274, for the parcel. The provisions of section 273.032 apply for certain
13.22uses in determining the total estimated market value for the taxing jurisdiction.
13.23 Sec. 24. Minnesota Statutes 2012, section 272.03, is amended by adding a subdivision
13.24to read:
13.25 Subd. 15. Taxable market value. "Taxable market value" means estimated market
13.26value for the parcel as reduced by market value exclusions, deferments of value, or other
13.27adjustments required by law, that reduce market value before the application of class rates.
13.28 Sec. 25. Minnesota Statutes 2012, section 273.032, is amended to read:
13.29273.032 MARKET VALUE DEFINITION.
13.30(a) Unless otherwise provided, for the purpose of determining any property tax
13.31levy limitation based on market value or any limit on net debt, the issuance of bonds,
14.1certificates of indebtedness, or capital notes based on market value, any qualification to
14.2receive state aid based on market value, or any state aid amount based on market value, the
14.3terms "market value," "
14.4equalized or unequalized, mean the
14.5within the local unit of government before any of the following or similar adjustments for:
14.6(1) the market value exclusions under:
14.7(i) section 273.11, subdivisions 14a and 14c (vacant platted land);
14.8(ii) section 273.11, subdivision 16 (certain improvements to homestead property);
14.9(iii) section 273.11, subdivisions 19 and 20 (certain improvements to business
14.10properties);
14.11(iv) section 273.11, subdivision 21 (homestead property damaged by mold);
14.12(v) section 273.11, subdivision 22 (qualifying lead hazardous reduction projects);
14.13(vi) section 273.13, subdivision 34 (homestead of a disabled veteran or family
14.14caregiver);
14.15(vii) section 273.13, subdivision 35 (homestead market value exclusion); or
14.16(2) the deferment of value under:
14.17(i) the Minnesota Agricultural Property Tax Law, section 273.111;
14.18(ii) the Aggregate Resource Preservation Law, section 273.1115;
14.19(iii) the Minnesota Open Space Property Tax Law, section 273.112;
14.20(iv) the rural preserves property tax program, section 273.114; or
14.21(v) the Metropolitan Agricultural Preserves Act, section 473H.10; or
14.22(3) the adjustments to tax capacity for:
14.23(i) tax increment
14.24(ii) fiscal
14.25(iii) powerline credit
14.26
14.27
14.28273.425.
14.29(b) Estimated market value under paragraph (a) also includes the market value
14.30of tax-exempt property if the applicable law specifically provides that the limitation,
14.31qualification, or aid calculation includes tax-exempt property.
14.32(c) Unless otherwise provided, "market value," "
14.33and "market valuation" for purposes of
14.34calculation of state aid, refer to the
14.35assessment year and for purposes of limits on net debt, the issuance of bonds, certificates of
14.36indebtedness, or capital notes refer to the estimated market value as last finally equalized.
15.1
15.2
15.3
15.4
15.5
15.6
15.7
15.8
15.9
15.10
15.11(d) For purposes of a provision of a home rule charter or of any special law that is not
15.12codified in the statutes and that imposes a levy limitation based on market value or any limit
15.13on debt, the issuance of bonds, certificates of indebtedness, or capital notes based on market
15.14value, the terms "market value," "taxable market value," and "market valuation," whether
15.15equalized or unequalized, mean "estimated market value" as defined in paragraph (a).
15.16 Sec. 26. Minnesota Statutes 2012, section 273.11, subdivision 1, is amended to read:
15.17 Subdivision 1. Generally. Except as provided in this section or section
15.18subdivision 1
15.19determined pursuant to this section shall be stated such that any amount under $100 is
15.20rounded up to $100 and any amount exceeding $100 shall be rounded to the nearest $100.
15.21In estimating and determining such value, the assessor shall not adopt a lower or different
15.22standard of value because the same is to serve as a basis of taxation, nor shall the assessor
15.23adopt as a criterion of value the price for which such property would sell at a forced sale,
15.24or in the aggregate with all the property in the town or district; but the assessor shall value
15.25each article or description of property by itself, and at such sum or price as the assessor
15.26believes the same to be fairly worth in money. The assessor shall take into account the
15.27effect on the market value of property of environmental factors in the vicinity of the
15.28property. In assessing any tract or lot of real property, the value of the land, exclusive of
15.29structures and improvements, shall be determined, and also the value of all structures and
15.30improvements thereon, and the aggregate value of the property, including all structures
15.31and improvements, excluding the value of crops growing upon cultivated land. In valuing
15.32real property upon which there is a mine or quarry, it shall be valued at such price as such
15.33property, including the mine or quarry, would sell for at a fair, voluntary sale, for cash,
15.34if the material being mined or quarried is not subject to taxation under section
15.35and the mine or quarry is not exempt from the general property tax under section
16.1In valuing real property which is vacant, platted property shall be assessed as provided
16.2in
16.3taxable under section
16.4value of such property and not at the value of a leasehold estate in such property, or at
16.5some lesser value than its market value.
16.6 Sec. 27. Minnesota Statutes 2012, section 273.124, subdivision 3a, is amended to read:
16.7 Subd. 3a. Manufactured home park cooperative. (a) When a manufactured home
16.8park is owned by a corporation or association organized under chapter 308A or 308B,
16.9and each person who owns a share or shares in the corporation or association is entitled
16.10to occupy a lot within the park, the corporation or association may claim homestead
16.11treatment for the park. Each lot must be designated by legal description or number, and
16.12each lot is limited to not more than one-half acre of land.
16.13(b) The manufactured home park shall be entitled to homestead treatment if all
16.14of the following criteria are met:
16.15(1) the occupant or the cooperative corporation or association is paying the ad
16.16valorem property taxes and any special assessments levied against the land and structure
16.17either directly, or indirectly through dues to the corporation or association; and
16.18(2) the corporation or association organized under chapter 308A or 308B is wholly
16.19owned by persons having a right to occupy a lot owned by the corporation or association.
16.20(c) A charitable corporation, organized under the laws of Minnesota with no
16.21outstanding stock, and granted a ruling by the Internal Revenue Service for 501(c)(3)
16.22tax-exempt status, qualifies for homestead treatment with respect to a manufactured home
16.23park if its members hold residential participation warrants entitling them to occupy a lot
16.24in the manufactured home park.
16.25(d) "Homestead treatment" under this subdivision means the class rate provided for
16.26class 4c property classified under section
16.27item (ii). The homestead market value
16.28subdivision 35, does not apply and the property taxes assessed against the park shall not
16.29be included in the determination of taxes payable for rent paid under section
16.30EFFECTIVE DATE.This section is effective for taxes payable in 2013 and
16.31thereafter.
16.32 Sec. 28. Minnesota Statutes 2012, section 273.124, subdivision 13, is amended to read:
17.1 Subd. 13. Homestead application. (a) A person who meets the homestead
17.2requirements under subdivision 1 must file a homestead application with the county
17.3assessor to initially obtain homestead classification.
17.4 (b) The format and contents of a uniform homestead application shall be prescribed
17.5by the commissioner of revenue. The application must clearly inform the taxpayer that
17.6this application must be signed by all owners who occupy the property or by the qualifying
17.7relative and returned to the county assessor in order for the property to receive homestead
17.8treatment.
17.9 (c) Every property owner applying for homestead classification must furnish to the
17.10county assessor the Social Security number of each occupant who is listed as an owner
17.11of the property on the deed of record, the name and address of each owner who does not
17.12occupy the property, and the name and Social Security number of each owner's spouse who
17.13occupies the property. The application must be signed by each owner who occupies the
17.14property and by each owner's spouse who occupies the property, or, in the case of property
17.15that qualifies as a homestead under subdivision 1, paragraph (c), by the qualifying relative.
17.16 If a property owner occupies a homestead, the property owner's spouse may not
17.17claim another property as a homestead unless the property owner and the property owner's
17.18spouse file with the assessor an affidavit or other proof required by the assessor stating that
17.19the property qualifies as a homestead under subdivision 1, paragraph (e).
17.20 Owners or spouses occupying residences owned by their spouses and previously
17.21occupied with the other spouse, either of whom fail to include the other spouse's name
17.22and Social Security number on the homestead application or provide the affidavits or
17.23other proof requested, will be deemed to have elected to receive only partial homestead
17.24treatment of their residence. The remainder of the residence will be classified as
17.25nonhomestead residential. When an owner or spouse's name and Social Security number
17.26appear on homestead applications for two separate residences and only one application is
17.27signed, the owner or spouse will be deemed to have elected to homestead the residence for
17.28which the application was signed.
17.29 The Social Security numbers, state or federal tax returns or tax return information,
17.30including the federal income tax schedule F required by this section, or affidavits or other
17.31proofs of the property owners and spouses submitted under this or another section to
17.32support a claim for a property tax homestead classification are private data on individuals as
17.33defined by section
17.34may be disclosed to the commissioner of revenue, or, for purposes of proceeding under the
17.35Revenue Recapture Act to recover personal property taxes owing, to the county treasurer.
18.1 (d) If residential real estate is occupied and used for purposes of a homestead by a
18.2relative of the owner and qualifies for a homestead under subdivision 1, paragraph (c), in
18.3order for the property to receive homestead status, a homestead application must be filed
18.4with the assessor. The Social Security number of each relative and spouse of a relative
18.5occupying the property shall be required on the homestead application filed under this
18.6subdivision. If a different relative of the owner subsequently occupies the property, the
18.7owner of the property must notify the assessor within 30 days of the change in occupancy.
18.8The Social Security number of a relative or relative's spouse occupying the property
18.9is private data on individuals as defined by section
18.10disclosed to the commissioner of revenue, or, for the purposes of proceeding under the
18.11Revenue Recapture Act to recover personal property taxes owing, to the county treasurer.
18.12 (e) The homestead application shall also notify the property owners that the
18.13application filed under this section will not be mailed annually and that if the property
18.14is granted homestead status for any assessment year, that same property shall remain
18.15classified as homestead until the property is sold or transferred to another person, or
18.16the owners, the spouse of the owner, or the relatives no longer use the property as their
18.17homestead. Upon the sale or transfer of the homestead property, a certificate of value must
18.18be timely filed with the county auditor as provided under section
18.19notify the assessor within 30 days that the property has been sold, transferred, or that the
18.20owner, the spouse of the owner, or the relative is no longer occupying the property as a
18.21homestead, shall result in the penalty provided under this subdivision and the property
18.22will lose its current homestead status.
18.23 (f) If the homestead application is not returned within 30 days, the county will send a
18.24second application to the present owners of record. The notice of proposed property taxes
18.25prepared under section
18.26a homestead application has not been filed with the county by December 15, the assessor
18.27shall classify the property as nonhomestead for the current assessment year for taxes
18.28payable in the following year, provided that the owner may be entitled to receive the
18.29homestead classification by proper application under section
18.30 (g) At the request of the commissioner, each county must give the commissioner a
18.31list that includes the name and Social Security number of each occupant of homestead
18.32property who is the property owner, property owner's spouse, qualifying relative of a
18.33property owner, or a spouse of a qualifying relative. The commissioner shall use the
18.34information provided on the lists as appropriate under the law, including for the detection
18.35of improper claims by owners, or relatives of owners, under chapter 290A.
19.1 (h) If the commissioner finds that a property owner may be claiming a fraudulent
19.2homestead, the commissioner shall notify the appropriate counties. Within 90 days of
19.3the notification, the county assessor shall investigate to determine if the homestead
19.4classification was properly claimed. If the property owner does not qualify, the county
19.5assessor shall notify the county auditor who will determine the amount of homestead
19.6benefits that had been improperly allowed. For the purpose of this section, "homestead
19.7benefits" means the tax reduction resulting from the classification as a homestead and the
19.8homestead market value exclusion under section
19.9under section
19.10 under section
19.11 The county auditor shall send a notice to the person who owned the affected property
19.12at the time the homestead application related to the improper homestead was filed,
19.13demanding reimbursement of the homestead benefits plus a penalty equal to 100 percent
19.14of the homestead benefits. The person notified may appeal the county's determination
19.15by serving copies of a petition for review with county officials as provided in section
19.17Court within 60 days of the date of the notice from the county. Procedurally, the appeal
19.18is governed by the provisions in chapter 271 which apply to the appeal of a property tax
19.19assessment or levy, but without requiring any prepayment of the amount in controversy. If
19.20the amount of homestead benefits and penalty is not paid within 60 days, and if no appeal
19.21has been filed, the county auditor shall certify the amount of taxes and penalty to the county
19.22treasurer. The county treasurer will add interest to the unpaid homestead benefits and
19.23penalty amounts at the rate provided in section
19.24delinquent in the calendar year during which the amount remains unpaid. Interest may be
19.25assessed for the period beginning 60 days after demand for payment was made.
19.26 If the person notified is the current owner of the property, the treasurer may add the
19.27total amount of homestead benefits, penalty, interest, and costs to the ad valorem taxes
19.28otherwise payable on the property by including the amounts on the property tax statements
19.29under section
19.30valorem taxes shall include interest accrued through December 31 of the year preceding
19.31the taxes payable year for which the amounts are first added. These amounts, when added
19.32to the property tax statement, become subject to all the laws for the enforcement of real or
19.33personal property taxes for that year, and for any subsequent year.
19.34 If the person notified is not the current owner of the property, the treasurer may
19.35collect the amounts due under the Revenue Recapture Act in chapter 270A, or use any of
19.36the powers granted in sections
20.1of the homestead benefits, penalty, interest, and costs, as if those amounts were delinquent
20.2tax obligations of the person who owned the property at the time the application related to
20.3the improperly allowed homestead was filed. The treasurer may relieve a prior owner of
20.4personal liability for the homestead benefits, penalty, interest, and costs, and instead extend
20.5those amounts on the tax lists against the property as provided in this paragraph to the extent
20.6that the current owner agrees in writing. On all demands, billings, property tax statements,
20.7and related correspondence, the county must list and state separately the amounts of
20.8homestead benefits, penalty, interest and costs being demanded, billed or assessed.
20.9 (i) Any amount of homestead benefits recovered by the county from the property
20.10owner shall be distributed to the county, city or town, and school district where the
20.11property is located in the same proportion that each taxing district's levy was to the total
20.12of the three taxing districts' levy for the current year. Any amount recovered attributable
20.13to taconite homestead credit shall be transmitted to the St. Louis County auditor to be
20.14deposited in the taconite property tax relief account. Any amount recovered that is
20.15attributable to supplemental homestead credit is to be transmitted to the commissioner of
20.16revenue for deposit in the general fund of the state treasury. The total amount of penalty
20.17collected must be deposited in the county general fund.
20.18 (j) If a property owner has applied for more than one homestead and the county
20.19assessors cannot determine which property should be classified as homestead, the county
20.20assessors will refer the information to the commissioner. The commissioner shall make
20.21the determination and notify the counties within 60 days.
20.22 (k) In addition to lists of homestead properties, the commissioner may ask the
20.23counties to furnish lists of all properties and the record owners. The Social Security
20.24numbers and federal identification numbers that are maintained by a county or city
20.25assessor for property tax administration purposes, and that may appear on the lists retain
20.26their classification as private or nonpublic data; but may be viewed, accessed, and used by
20.27the county auditor or treasurer of the same county for the limited purpose of assisting the
20.28commissioner in the preparation of microdata samples under section
20.29 (l) On or before April 30 each year beginning in 2007, each county must provide the
20.30commissioner with the following data for each parcel of homestead property by electronic
20.31means as defined in section
20.32 (i) the property identification number assigned to the parcel for purposes of taxes
20.33payable in the current year;
20.34 (ii) the name and Social Security number of each occupant of homestead property
20.35who is the property owner, property owner's spouse, qualifying relative of a property
20.36owner, or spouse of a qualifying relative;
21.1 (iii) the classification of the property under section
21.2current year and in the prior year;
21.3 (iv) an indication of whether the property was classified as a homestead for taxes
21.4payable in the current year because of occupancy by a relative of the owner or by a
21.5spouse of a relative;
21.6 (v) the property taxes payable as defined in section
21.7current year and the prior year;
21.8 (vi) the market value of improvements to the property first assessed for tax purposes
21.9for taxes payable in the current year;
21.10 (vii) the assessor's estimated market value assigned to the property for taxes payable
21.11in the current year and the prior year;
21.12 (viii) the taxable market value assigned to the property for taxes payable in the
21.13current year and the prior year;
21.14 (ix) whether there are delinquent property taxes owing on the homestead;
21.15 (x) the unique taxing district in which the property is located; and
21.16 (xi) such other information as the commissioner decides is necessary.
21.17 The commissioner shall use the information provided on the lists as appropriate
21.18under the law, including for the detection of improper claims by owners, or relatives
21.19of owners, under chapter 290A.
21.20EFFECTIVE DATE.This section is effective for taxes payable in 2013 and
21.21thereafter.
21.22 Sec. 29. Minnesota Statutes 2012, section 273.13, subdivision 21b, is amended to read:
21.23 Subd. 21b. Net tax capacity.
21.24
21.25
21.26section and taxable market values.
21.27EFFECTIVE DATE.This section is effective the day following final enactment.
21.28 Sec. 30. Minnesota Statutes 2012, section 273.1398, subdivision 3, is amended to read:
21.29 Subd. 3. Disparity reduction aid. The amount of disparity aid certified for each
21.30taxing district within each unique taxing jurisdiction for taxes payable in the prior year
21.31shall be multiplied by the ratio of (1) the jurisdiction's tax capacity using the class rates for
21.32taxes payable in the year for which aid is being computed, to (2) its tax capacity using
21.33the class rates for taxes payable in the year prior to that for which aid is being computed,
22.1both based upon taxable market values for taxes payable in the year prior to that for which
22.2aid is being computed. If the commissioner determines that insufficient information is
22.3available to reasonably and timely calculate the numerator in this ratio for the first taxes
22.4payable year that a class rate change or new class rate is effective, the commissioner shall
22.5omit the effects of that class rate change or new class rate when calculating this ratio for
22.6aid payable in that taxes payable year. For aid payable in the year following a year for
22.7which such omission was made, the commissioner shall use in the denominator for the
22.8class that was changed or created, the tax capacity for taxes payable two years prior to that
22.9in which the aid is payable, based on taxable market values for taxes payable in the year
22.10prior to that for which aid is being computed.
22.11 Sec. 31. Minnesota Statutes 2012, section 273.1398, subdivision 4, is amended to read:
22.12 Subd. 4. Disparity reduction credit. (a) Beginning with taxes payable in 1989,
22.13class 4a and class 3a property qualifies for a disparity reduction credit if: (1) the property
22.14is located in a border city that has an enterprise zone, as defined in section
22.15the property is located in a city with a population greater than 2,500 and less than 35,000
22.16according to the 1980 decennial census; (3) the city is adjacent to a city in another state or
22.17immediately adjacent to a city adjacent to a city in another state; and (4) the adjacent city
22.18in the other state has a population of greater than 5,000 and less than 75,000 according to
22.19the 1980 decennial census.
22.20 (b) The credit is an amount sufficient to reduce (i) the taxes levied on class 4a
22.21property to 2.3 percent of the property's taxable market value and (ii) the tax on class 3a
22.22property to 2.3 percent of taxable market value.
22.23 (c) The county auditor shall annually certify the costs of the credits to the
22.24Department of Revenue. The department shall reimburse local governments for the
22.25property taxes forgone as the result of the credits in proportion to their total levies.
22.26 Sec. 32. Minnesota Statutes 2012, section 275.011, subdivision 1, is amended to read:
22.27 Subdivision 1. Determination of levy limit. The property tax levied for any
22.28purpose under a special law that is not codified in Minnesota Statutes or a city charter
22.29provision and that is subject to a mill rate limitation imposed by the special law or city
22.30charter provision, excluding levies subject to mill rate limitations that use adjusted
22.31assessed values determined by the commissioner of revenue under section
22.32not exceed the following amount for the years specified:
22.33(a) for taxes payable in 1988, the product of the applicable mill rate limitation
22.34imposed by special law or city charter provision multiplied by the total assessed valuation
23.1of all taxable property subject to the tax as adjusted by the provisions of Minnesota
23.2Statutes 1986, sections
23.3(b) for taxes payable in 1989, the product of (1) the property tax levy limitation for
23.4the taxes payable year 1988 determined under clause (a) multiplied by (2) an index for
23.5market valuation changes equal to the assessment year 1988 total market valuation of all
23.6taxable property subject to the tax divided by the assessment year 1987 total market
23.7valuation of all taxable property subject to the tax; and
23.8(c) for taxes payable in 1990 and subsequent years, the product of (1) the property
23.9tax levy limitation for the previous year determined pursuant to this subdivision multiplied
23.10by (2) an index for market valuation changes equal to the total market valuation of all
23.11taxable property subject to the tax for the current assessment year divided by the total
23.12market valuation of all taxable property subject to the tax for the previous assessment year.
23.13For the purpose of determining the property tax levy limitation for the taxes payable
23.14year
23.15means the
23.16tax
23.17
23.18 as provided under section 273.032.
23.19 Sec. 33. Minnesota Statutes 2012, section 275.077, subdivision 2, is amended to read:
23.20 Subd. 2. Correction of levy amount. The difference between the correct levy and
23.21the erroneous levy shall be added to the township levy for the subsequent levy year;
23.22provided that if the amount of the difference exceeds 0.12089 percent of
23.23 market value, the excess shall be added to the township levy for the second and later
23.24subsequent levy years, not to exceed an additional levy of 0.12089 percent of
23.25 estimated market value in any year, until the full amount of the difference has been levied.
23.26The funds collected from the corrected levies shall be used to reimburse the county for the
23.27payment required by subdivision 1.
23.28 Sec. 34. Minnesota Statutes 2012, section 275.71, subdivision 4, is amended to read:
23.29 Subd. 4. Adjusted levy limit base. For taxes levied in 2008 through 2010, the
23.30adjusted levy limit base is equal to the levy limit base computed under subdivision 2
23.31or section
23.32 (1) one plus the percentage growth in the implicit price deflator, but the percentage
23.33shall not be less than zero or exceed 3.9 percent;
24.1 (2) one plus a percentage equal to 50 percent of the percentage increase in the number
24.2of households, if any, for the most recent 12-month period for which data is available; and
24.3 (3) one plus a percentage equal to 50 percent of the percentage increase in the
24.4
24.5property, as defined in section
24.6railroad property, for the most recent year for which data is available.
24.7 Sec. 35. Minnesota Statutes 2012, section 276.04, subdivision 2, is amended to read:
24.8 Subd. 2. Contents of tax statements. (a) The treasurer shall provide for the printing
24.9of the tax statements. The commissioner of revenue shall prescribe the form of the property
24.10tax statement and its contents. The tax statement must not state or imply that property tax
24.11credits are paid by the state of Minnesota. The statement must contain a tabulated statement
24.12of the dollar amount due to each taxing authority and the amount of the state tax from the
24.13parcel of real property for which a particular tax statement is prepared. The dollar amounts
24.14attributable to the county, the state tax, the voter approved school tax, the other local school
24.15tax, the township or municipality, and the total of the metropolitan special taxing districts
24.16as defined in section
24.17The amounts due all other special taxing districts, if any, may be aggregated except that
24.18any levies made by the regional rail authorities in the county of Anoka, Carver, Dakota,
24.19Hennepin, Ramsey, Scott, or Washington under chapter 398A shall be listed on a separate
24.20line directly under the appropriate county's levy. If the county levy under this paragraph
24.21includes an amount for a lake improvement district as defined under sections
24.22to
24.23remaining county levy amount. In the case of Ramsey County, if the county levy under this
24.24paragraph includes an amount for public library service under section
24.25attributable for that purpose may be separated from the remaining county levy amount.
24.26The amount of the tax on homesteads qualifying under the senior citizens' property tax
24.27deferral program under chapter 290B is the total amount of property tax before subtraction
24.28of the deferred property tax amount. The amount of the tax on contamination value
24.29imposed under sections
24.30amounts, including the dollar amount of any special assessments, may be rounded to the
24.31nearest even whole dollar. For purposes of this section whole odd-numbered dollars may
24.32be adjusted to the next higher even-numbered dollar. The amount of market value excluded
24.33under section
25.1 (b) The property tax statements for manufactured homes and sectional structures
25.2taxed as personal property shall contain the same information that is required on the
25.3tax statements for real property.
25.4 (c) Real and personal property tax statements must contain the following information
25.5in the order given in this paragraph. The information must contain the current year tax
25.6information in the right column with the corresponding information for the previous year
25.7in a column on the left:
25.8 (1) the property's estimated market value under section
25.9(2) the property's homestead market value exclusion under section
25.10subdivision 35;
25.11 (3) the property's taxable market value
25.12
25.13 (4) the property's gross tax, before credits;
25.14 (5) for homestead agricultural properties, the credit under section
25.15 (6) any credits received under sections
25.17credit received under section
25.18tax relief"; and
25.19 (7) the net tax payable in the manner required in paragraph (a).
25.20 (d) If the county uses envelopes for mailing property tax statements and if the county
25.21agrees, a taxing district may include a notice with the property tax statement notifying
25.22taxpayers when the taxing district will begin its budget deliberations for the current
25.23year, and encouraging taxpayers to attend the hearings. If the county allows notices to
25.24be included in the envelope containing the property tax statement, and if more than
25.25one taxing district relative to a given property decides to include a notice with the tax
25.26statement, the county treasurer or auditor must coordinate the process and may combine
25.27the information on a single announcement.
25.28 Sec. 36. Minnesota Statutes 2012, section 276A.01, subdivision 10, is amended to read:
25.29 Subd. 10. Adjusted market value. "Adjusted market value" of real and personal
25.30property within a municipality means the
25.31as defined in section 272.03, of all real and personal property, including the value of
25.32manufactured housing, within the municipality
25.33
25.34
25.35
26.1town net tax capacities under section
26.2
26.3
26.4
26.5
26.6
26.7EFFECTIVE DATE.This section is effective the day following final enactment.
26.8 Sec. 37. Minnesota Statutes 2012, section 276A.01, subdivision 12, is amended to read:
26.9 Subd. 12. Fiscal capacity. "Fiscal capacity" of a municipality means its
26.10 adjusted market value, determined as of January 2 of any year, divided by its population,
26.11determined as of a date in the same year.
26.12 Sec. 38. Minnesota Statutes 2012, section 276A.01, subdivision 13, is amended to read:
26.13 Subd. 13. Average fiscal capacity. "Average fiscal capacity" of municipalities
26.14means the sum of the
26.15as of January 2 of any year, divided by the sum of their populations, determined as of
26.16a date in the same year.
26.17 Sec. 39. Minnesota Statutes 2012, section 276A.01, subdivision 15, is amended to read:
26.18 Subd. 15. Net tax capacity. "Net tax capacity" means the taxable market value of
26.19real and personal property multiplied by its net tax capacity rates in section
26.20 Sec. 40. Minnesota Statutes 2012, section 276A.06, subdivision 10, is amended to read:
26.21 Subd. 10. Adjustment of values
26.22computing
26.23
26.24
26.25
26.26municipality's taxable market value must be adjusted to reflect the
26.27 to net tax capacity effected by subdivision 2, clause (a), provided that
26.28the taxable market value of commercial-industrial property or any class thereof within
26.29a
26.30reduction required by this subdivision is that amount which bears the same proportion to
26.31the amount subtracted from the
26.32to subdivision 2, clause (a), as the taxable market value of commercial-industrial property,
27.1or such class thereof, located within the
27.2tax capacity of commercial-industrial property, or such class thereof, located within the
27.3
27.4
27.5
27.6
27.7
27.8
27.9
27.10
27.11to taxable market value for the increase in net tax capacity under subdivision 2, clause (b).
27.12 Sec. 41. Minnesota Statutes 2012, section 287.08, is amended to read:
27.13287.08 TAX, HOW PAYABLE; RECEIPTS.
27.14 (a) The tax imposed by sections
27.15any county in this state in which the real property or some part is located at or before
27.16the time of filing the mortgage for record. The treasurer shall endorse receipt on the
27.17mortgage and the receipt is conclusive proof that the tax has been paid in the amount
27.18stated and authorizes any county recorder or registrar of titles to record the mortgage. Its
27.19form, in substance, shall be "registration tax hereon of ..................... dollars paid." If the
27.20mortgage is exempt from taxation the endorsement shall, in substance, be "exempt from
27.21registration tax." In either case the receipt must be signed by the treasurer. In case the
27.22treasurer is unable to determine whether a claim of exemption should be allowed, the tax
27.23must be paid as in the case of a taxable mortgage. For documents submitted electronically,
27.24the endorsements and tax amount shall be affixed electronically and no signature by the
27.25treasurer will be required. The actual payment method must be arranged in advance
27.26between the submitter and the receiving county.
27.27 (b) The county treasurer may refund in whole or in part any mortgage registry tax
27.28overpayment if a written application by the taxpayer is submitted to the county treasurer
27.29within 3-1/2 years from the date of the overpayment. If the county has not issued a denial
27.30of the application, the taxpayer may bring an action in Tax Court in the county in which
27.31the tax was paid at any time after the expiration of six months from the time that the
27.32application was submitted. A denial of refund may be appealed within 60 days from
27.33the date of the denial by bringing an action in Tax Court in the county in which the tax
27.34was paid. The action is commenced by the serving of a petition for relief on the county
27.35treasurer, and by filing a copy with the court. The county attorney shall defend the action.
28.1The county treasurer shall notify the treasurer of each county that has or would receive a
28.2portion of the tax as paid.
28.3 (c) If the county treasurer determines a refund should be paid, or if a refund is
28.4ordered by the court, the county treasurer of each county that actually received a portion
28.5of the tax shall immediately pay a proportionate share of three percent of the refund
28.6using any available county funds. The county treasurer of each county that received, or
28.7would have received, a portion of the tax shall also pay their county's proportionate share
28.8of the remaining 97 percent of the court-ordered refund on or before the 20th day of the
28.9following month using solely the mortgage registry tax funds that would be paid to the
28.10commissioner of revenue on that date under section
28.11this procedure are insufficient to fully fund 97 percent of the court-ordered refund, the
28.12county treasurer of the county in which the action was brought shall file a claim with the
28.13commissioner of revenue under section
28.14the refund, and shall pay over the remaining portion upon receipt of a warrant from the
28.15state issued pursuant to the claim.
28.16 (d) When any mortgage covers real property located in more than one county in this
28.17state the total tax must be paid to the treasurer of the county where the mortgage is first
28.18presented for recording, and the payment must be receipted as provided in paragraph
28.19(a). If the principal debt or obligation secured by such a multiple county mortgage
28.20exceeds $10,000,000, the nonstate portion of the tax must be divided and paid over by
28.21the county treasurer receiving it, on or before the 20th day of each month after receipt,
28.22to the county or counties entitled in the ratio that the estimated market value of the real
28.23property covered by the mortgage in each county bears to the estimated market value of
28.24all the real property in this state described in the mortgage. In making the division and
28.25payment the county treasurer shall send a statement giving the description of the real
28.26property described in the mortgage and the estimated market value of the part located in
28.27each county. For this purpose, the treasurer of any county may require the treasurer of
28.28any other county to certify to the former the estimated market
28.29of real property in any mortgage.
28.30 (e) The mortgagor must pay the tax imposed by sections
28.31mortgagee may undertake to collect and remit the tax on behalf of the mortgagor. If the
28.32mortgagee collects money from the mortgagor to remit the tax on behalf of the mortgagor,
28.33the mortgagee has a fiduciary duty to remit the tax on behalf of the mortgagor as to the
28.34amount of the tax collected for that purpose and the mortgagor is relieved of any further
28.35obligation to pay the tax as to the amount collected by the mortgagee for this purpose.
29.1 Sec. 42. Minnesota Statutes 2012, section 287.23, subdivision 1, is amended to read:
29.2 Subdivision 1. Real property outside county. If any taxable deed or instrument
29.3describes any real property located in more than one county in this state, the total tax must
29.4be paid to the treasurer of the county where the document is first presented for recording,
29.5and the payment must be receipted as provided in section
29.6exceeds $700,000, the nonstate portion of the tax must be divided and paid over by the
29.7county treasurer receiving it, on or before the 20th day of each month after receipt, to
29.8the county or counties entitled in the ratio which the estimated market value of the real
29.9property covered by the document in each county bears to the estimated market value of
29.10all the real property in this state described in the document. In making the division and
29.11payment the county treasurer shall send a statement to the other involved counties giving
29.12the description of the real property described in the document and the estimated market
29.13value of the part located in each county. The treasurer of any county may require the
29.14treasurer of any other county to certify to the former the estimated market
29.15 of any parcel of real property for this purpose.
29.16 Sec. 43. Minnesota Statutes 2012, section 353G.08, subdivision 2, is amended to read:
29.17 Subd. 2. Cash flow funding requirement. If the executive director determines that
29.18an account in the voluntary statewide lump-sum volunteer firefighter retirement plan has
29.19insufficient assets to meet the service pensions determined payable from the account,
29.20the executive director shall certify the amount of the potential service pension shortfall
29.21to the municipality or municipalities and the municipality or municipalities shall make
29.22an additional employer contribution to the account within ten days of the certification.
29.23If more than one municipality is associated with the account, unless the municipalities
29.24agree to a different allocation, the municipalities shall allocate the additional employer
29.25contribution one-half in proportion to the population of each municipality and one-half in
29.26proportion to the estimated market value of the property of each municipality.
29.27 Sec. 44. Minnesota Statutes 2012, section 365.025, subdivision 4, is amended to read:
29.28 Subd. 4. Major purchases: notice, petition, election. Before buying anything
29.29under subdivision 2 that costs more than 0.24177 percent of the estimated market value of
29.30the town, the town must follow this subdivision.
29.31The town must publish in its official newspaper the board's resolution to pay for the
29.32property over time. Then a petition for an election on the contract may be filed with the
29.33clerk. The petition must be filed within ten days after the resolution is published. To require
29.34the election the petition must be signed by a number of voters equal to ten percent of the
30.1voters at the last regular town election. The contract then must be approved by a majority of
30.2those voting on the question. The question may be voted on at a regular or special election.
30.3 Sec. 45. Minnesota Statutes 2012, section 366.095, subdivision 1, is amended to read:
30.4 Subdivision 1. Certificates of indebtedness. The town board may issue certificates
30.5of indebtedness within the debt limits for a town purpose otherwise authorized by law.
30.6The certificates shall be payable in not more than ten years and be issued on the terms and
30.7in the manner as the board may determine. If the amount of the certificates to be issued
30.8exceeds 0.25 percent of the estimated market value of the town, they shall not be issued
30.9for at least ten days after publication in a newspaper of general circulation in the town of
30.10the board's resolution determining to issue them. If within that time, a petition asking for
30.11an election on the proposition signed by voters equal to ten percent of the number of voters
30.12at the last regular town election is filed with the clerk, the certificates shall not be issued
30.13until their issuance has been approved by a majority of the votes cast on the question at
30.14a regular or special election. A tax levy shall be made to pay the principal and interest
30.15on the certificates as in the case of bonds.
30.16 Sec. 46. Minnesota Statutes 2012, section 366.27, is amended to read:
30.17366.27 FIREFIGHTERS' RELIEF; TAX LEVY.
30.18The town board of any town in this state having therein a platted portion on
30.19which resides 1,200 or more people, and wherein a duly incorporated firefighters' relief
30.20association is located may each year levy a tax not to exceed 0.00806 percent of
30.21 estimated market value for the benefit of the relief association.
30.22 Sec. 47. Minnesota Statutes 2012, section 368.01, subdivision 23, is amended to read:
30.23 Subd. 23. Financing purchase of certain equipment. The town board may issue
30.24certificates of indebtedness within debt limits to purchase fire or police equipment or
30.25ambulance equipment or street construction or maintenance equipment. The certificates
30.26shall be payable in not more than five years and be issued on terms and in the manner as the
30.27board may determine. If the amount of the certificates to be issued to finance a purchase
30.28exceeds 0.24177 percent of the estimated market value of the town,
30.29
30.30newspaper of a town board resolution determining to issue them. If before the end of that
30.31time, a petition asking for an election on the proposition signed by voters equal to ten
30.32percent of the number of voters at the last regular town election is filed with the clerk, the
30.33certificates shall not be issued until the proposition of their issuance has been approved by a
31.1majority of the votes cast on the question at a regular or special election. A tax levy shall be
31.2made for the payment of the principal and interest on the certificates as in the case of bonds.
31.3 Sec. 48. Minnesota Statutes 2012, section 368.47, is amended to read:
31.4368.47 TOWNS MAY BE DISSOLVED.
31.5(1) When the voters residing within a town have failed to elect any town officials for
31.6more than ten years continuously;
31.7(2) when a town has failed for a period of ten years to exercise any of the powers
31.8and functions of a town;
31.9(3) when the estimated market value of a town drops to less than $165,000;
31.10(4) when the tax delinquency of a town, exclusive of taxes that are delinquent or
31.11unpaid because they are contested in proceedings for the enforcement of taxes, amounts to
31.1212 percent of its market value; or
31.13(5) when the state or federal government has acquired title to 50 percent of the
31.14real estate of a town,
31.15which facts, or any of them, may be found and determined by the resolution of the county
31.16board of the county in which the town is located, according to the official records in the
31.17office of the county auditor, the county board by resolution may declare the town, naming
31.18it, dissolved and no longer entitled to exercise any of the powers or functions of a town.
31.19In Cass, Itasca, and St. Louis Counties, before the dissolution is effective the voters
31.20of the town shall express their approval or disapproval. The town clerk shall, upon a
31.21petition signed by a majority of the registered voters of the town, filed with the clerk at
31.22least 60 days before a regular or special town election, give notice at the same time and
31.23in the same manner of the election that the question of dissolution of the town will be
31.24submitted for determination at the election. At the election the question shall be voted
31.25upon by a separate ballot, the terms of which shall be either "for dissolution" or "against
31.26dissolution." The ballot shall be deposited in a separate ballot box and the result of the
31.27voting canvassed, certified, and returned in the same manner and at the same time as
31.28other facts and returns of the election. If a majority of the votes cast at the election are
31.29for dissolution, the town shall be dissolved. If a majority of the votes cast at the election
31.30are against dissolution, the town shall not be dissolved.
31.31When a town is dissolved under sections
31.32title to any telephone company or other business conducted by the town. The business
31.33shall be operated by the board of county commissioners until it can be sold. The
31.34subscribers or patrons of the business shall have the first opportunity of purchase. If the
31.35town has any outstanding indebtedness chargeable to the business, the county auditor shall
32.1levy a tax against the property situated in the dissolved town to pay the indebtedness
32.2as it becomes due.
32.3 Sec. 49. Minnesota Statutes 2012, section 370.01, is amended to read:
32.4370.01 CHANGE OF BOUNDARIES; CREATION OF NEW COUNTIES.
32.5The boundaries of counties may be changed by taking territory from a county and
32.6attaching it to an adjoining county, and new counties may be established out of territory of
32.7one or more existing counties. A new county shall contain at least 400 square miles and
32.8have at least 4,000 inhabitants. A proposed new county must have a total
32.9 market value of at least 35 percent of (i) the total
32.10existing county, or (ii) the average total
32.11counties, included in the proposition. The determination of the
32.12value of a county must be made by the commissioner of revenue. An existing county shall
32.13not be reduced in area below 400 square miles, have less than 4,000 inhabitants, or have a
32.14total
32.15No change in the boundaries of any county having an area of more than 2,500 square
32.16miles, whether by the creation of a new county, or otherwise, shall detach from the existing
32.17county any territory within 12 miles of the county seat.
32.18 Sec. 50. Minnesota Statutes 2012, section 373.40, subdivision 1, is amended to read:
32.19 Subdivision 1. Definitions. For purposes of this section, the following terms have
32.20the meanings given.
32.21(a) "Bonds" means an obligation as defined under section
32.22(b) "Capital improvement" means acquisition or betterment of public lands,
32.23buildings, or other improvements within the county for the purpose of a county courthouse,
32.24administrative building, health or social service facility, correctional facility, jail, law
32.25enforcement center, hospital, morgue, library, park, qualified indoor ice arena, roads and
32.26bridges, and the acquisition of development rights in the form of conservation easements
32.27under chapter 84C. An improvement must have an expected useful life of five years or
32.28more to qualify. "Capital improvement" does not include a recreation or sports facility
32.29building (such as, but not limited to, a gymnasium, ice arena, racquet sports facility,
32.30swimming pool, exercise room or health spa), unless the building is part of an outdoor
32.31park facility and is incidental to the primary purpose of outdoor recreation.
32.32(c) "Metropolitan county" means a county located in the seven-county metropolitan
32.33area as defined in section
33.1(d) "Population" means the population established by the most recent of the
33.2following (determined as of the date the resolution authorizing the bonds was adopted):
33.3(1) the federal decennial census,
33.4(2) a special census conducted under contract by the United States Bureau of the
33.5Census, or
33.6(3) a population estimate made either by the Metropolitan Council or by the state
33.7demographer under section
33.8(e) "Qualified indoor ice arena" means a facility that meets the requirements of
33.9section
33.10
33.11
33.12 Sec. 51. Minnesota Statutes 2012, section 373.40, subdivision 4, is amended to read:
33.13 Subd. 4. Limitations on amount. A county may not issue bonds under this section
33.14if the maximum amount of principal and interest to become due in any year on all the
33.15outstanding bonds issued pursuant to this section (including the bonds to be issued) will
33.16equal or exceed 0.12 percent of
33.17county. Calculation of the limit must be made using the
33.18the taxes payable year in which the obligations are issued and sold. This section does not
33.19limit the authority to issue bonds under any other special or general law.
33.20 Sec. 52. Minnesota Statutes 2012, section 375.167, subdivision 1, is amended to read:
33.21 Subdivision 1. Appropriations. Notwithstanding any contrary law, a county board
33.22may appropriate from the general revenue fund to any nonprofit corporation a sum not
33.23to exceed 0.00604 percent of
33.24to persons who are unable to afford private legal counsel.
33.25 Sec. 53. Minnesota Statutes 2012, section 375.18, subdivision 3, is amended to read:
33.26 Subd. 3. Courthouse. Each county board may erect, furnish, and maintain a
33.27suitable courthouse. No indebtedness shall be created for a courthouse in excess of an
33.28amount equal to a levy of 0.04030 percent of
33.29approval of a majority of the voters of the county voting on the question of issuing the
33.30obligation at an election.
33.31 Sec. 54. Minnesota Statutes 2012, section 375.555, is amended to read:
33.32375.555 FUNDING.
34.1To implement the county emergency jobs program, the county board may expend
34.2an amount equal to what would be generated by a levy of 0.01209 percent of
34.3 estimated market value. The money to be expended may be from any available funds
34.4not otherwise earmarked.
34.5 Sec. 55. Minnesota Statutes 2012, section 383B.152, is amended to read:
34.6383B.152 BUILDING AND MAINTENANCE FUND.
34.7The county board may by resolution levy a tax to provide money which shall be kept
34.8in a fund known as the county reserve building and maintenance fund. Money in the fund
34.9shall be used solely for the construction, maintenance, and equipping of county buildings
34.10that are constructed or maintained by the board. The levy shall not be subject to any limit
34.11fixed by any other law or by any board of tax levy or other corresponding body, but shall
34.12not exceed 0.02215 percent of
34.13chapter 475 to be levied in the year for the payment of the principal of and interest on all
34.14bonds issued pursuant to Extra Session Laws 1967, chapter 47, section 1.
34.15 Sec. 56. Minnesota Statutes 2012, section 383B.245, is amended to read:
34.16383B.245 LIBRARY LEVY.
34.17 (a) The county board may levy a tax on the taxable property within the county to
34.18acquire, better, and construct county library buildings and branches and to pay principal
34.19and interest on bonds issued for that purpose.
34.20 (b) The county board may by resolution adopted by a five-sevenths vote issue and
34.21sell general obligation bonds of the county in the manner provided in sections
34.23but the maturity years and amounts and interest rates of each series of bonds shall be
34.24fixed so that the maximum amount of principal and interest to become due in any year,
34.25on the bonds of that series and of all outstanding series issued by or for the purposes of
34.26libraries, shall not exceed an amount equal to 0.01612 percent of estimated market value
34.27of all taxable property in the county as last finally equalized before the issuance of the new
34.28series. When the tax levy authorized in this section is collected it shall be appropriated
34.29and credited to a debt service fund for the bonds in amounts required each year in lieu of a
34.30countywide tax levy for the debt service fund under section
34.31 Sec. 57. Minnesota Statutes 2012, section 383B.73, subdivision 1, is amended to read:
34.32 Subdivision 1. Levy. To provide funds for the purposes of the Three Rivers Park
34.33District as set forth in its annual budget, in lieu of the levies authorized by any other
35.1special law for such purposes, the Board of Park District Commissioners may levy taxes
35.2on all the taxable property in the county and park district at a rate not exceeding 0.03224
35.3percent of estimated market value. Notwithstanding section
35.41 of each year, after public hearing, the Board of Park District Commissioners shall adopt
35.5a budget for the ensuing year and shall determine the total amount necessary to be raised
35.6from ad valorem tax levies to meet its budget. The Board of Park District Commissioners
35.7shall submit the budget to the county board. The county board may veto or modify an item
35.8contained in the budget. If the county board determines to veto or to modify an item in the
35.9budget, it must, within 15 days after the budget was submitted by the district board, state
35.10in writing the specific reasons for its objection to the item vetoed or the reason for the
35.11modification. The Park District Board, after consideration of the county board's objections
35.12and proposed modifications, may reapprove a vetoed item or the original version of an item
35.13with respect to which a modification has been proposed, by a two-thirds majority. If the
35.14district board does not reapprove a vetoed item, the item shall be deleted from the budget.
35.15If the district board does not reapprove the original version of a modified item, the item
35.16shall be included in the budget as modified by the county board. After adoption of the final
35.17budget and no later than October 1, the superintendent of the park district shall certify to the
35.18office of the Hennepin County director of tax and public records exercising the functions
35.19of the county auditor the total amount to be raised from ad valorem tax levies to meet its
35.20budget for the ensuing year. The director of tax and public records shall add the amount of
35.21any levy certified by the district to other tax levies on the property of the county within the
35.22district for collection by the director of tax and public records with other taxes. When
35.23collected, the director shall make settlement of such taxes with the district in the same
35.24manner as other taxes are distributed to the other political subdivisions in Hennepin County.
35.25 Sec. 58. Minnesota Statutes 2012, section 383E.20, is amended to read:
35.26383E.20 BONDING FOR COUNTY LIBRARY BUILDINGS.
35.27 The Anoka County Board may, by resolution adopted by a four-sevenths vote, issue
35.28and sell general obligation bonds of the county in the manner provided in chapter 475 to
35.29acquire, better, and construct county library buildings. The bonds shall not be subject to the
35.30requirements of sections 475.57 to 475.59. The maturity years and amounts and interest
35.31rates of each series of bonds shall be fixed so that the maximum amount of principal and
35.32interest to become due in any year, on the bonds of that series and of all outstanding series
35.33issued by or for the purposes of libraries, shall not exceed an amount equal to .01 percent
35.34of the
35.35taxable property taxed by any city for the support of any free public library. When the tax
36.1levy authorized in this section is collected, it shall be appropriated and credited to a debt
36.2service fund for the bonds. The tax levy for the debt service fund under section 475.61
36.3shall be reduced by the amount available or reasonably anticipated to be available in the
36.4fund to make payments otherwise payable from the levy pursuant to section 475.61.
36.5 Sec. 59. Minnesota Statutes 2012, section 383E.23, is amended to read:
36.6383E.23 LIBRARY TAX.
36.7The Anoka County Board may levy a tax of not more than .01 percent of the
36.8 estimated market value of taxable property located within the county excluding any
36.9taxable property taxed by any city for the support of any free public library, to acquire,
36.10better, and construct county library buildings and to pay principal and interest on bonds
36.11issued for that purpose. The tax shall be disregarded in the calculation of levies or limits
36.12on levies provided by section 373.40, or other law.
36.13 Sec. 60. Minnesota Statutes 2012, section 385.31, is amended to read:
36.14385.31 PAYMENT OF COUNTY ORDERS OR WARRANTS.
36.15When any order or warrant drawn on the treasurer is presented for payment, if there
36.16is money in the treasury for that purpose, the county treasurer shall redeem the same, and
36.17write across the entire face thereof the word "redeemed," the date of the redemption, and
36.18the treasurer's official signature. If there is not sufficient funds in the proper accounts to
36.19pay such orders they shall be numbered and registered in their order of presentation,
36.20and proper endorsement thereof shall be made on such orders and they shall be entitled
36.21to payment in like order. Such orders shall bear interest at not to exceed the rate of six
36.22percent per annum from such date of presentment. The treasurer, as soon as there is
36.23sufficient money in the treasury, shall appropriate and set apart a sum sufficient for the
36.24payment of the orders so presented and registered, and, if entitled to interest, issue to the
36.25original holder a notice that interest will cease in 30 days from the date of such notice; and,
36.26if orders thus entitled to priority of payment are not then presented, the next in order of
36.27registry may be paid until such orders are presented. No interest shall be paid on any order,
36.28except upon a warrant drawn by the county auditor for that purpose, giving the number
36.29and the date of the order on account of which the interest warrant is drawn. In any county
36.30in this state now or hereafter having
36.31
36.32order to save payment of interest on county warrants drawn upon a fund in which there
36.33shall be temporarily insufficient money in the treasury to redeem the same, may borrow
36.34temporarily from any other fund in the county treasury in which there is a sufficient balance
37.1to care for the needs of such fund and allow a temporary loan or transfer to any other fund,
37.2and may pay such warrants out of such funds. Any such money so transferred and used in
37.3redeeming such county warrants shall be returned to the fund from which drawn as soon
37.4as money shall come in to the credit of such fund on which any such warrant was drawn
37.5and paid as aforesaid. Any county operating on a cash basis may use a combined form of
37.6warrant or order and check, which, when signed by the chair of the county board and by
37.7the auditor, is an order or warrant for the payment of the claim, and, when countersigned
37.8by the county treasurer, is a check for the payment of the amount thereof.
37.9 Sec. 61. Minnesota Statutes 2012, section 394.36, subdivision 1, is amended to read:
37.10 Subdivision 1. Continuation of nonconformity; limitations. Except as provided in
37.11subdivision 2, 3, or 4, any nonconformity, including the lawful use or occupation of land
37.12or premises existing at the time of the adoption of an official control under this chapter,
37.13may be continued, although the use or occupation does not conform to the official control.
37.14If the nonconformity or occupancy is discontinued for a period of more than one year, or
37.15any nonconforming building or structure is destroyed by fire or other peril to the extent of
37.1650 percent of its estimated market value, any subsequent use or occupancy of the land or
37.17premises shall be a conforming use or occupancy.
37.18 Sec. 62. Minnesota Statutes 2012, section 398A.04, subdivision 8, is amended to read:
37.19 Subd. 8. Taxation. Before deciding to exercise the power to tax, the authority shall
37.20give six weeks' published notice in all municipalities in the region. If a number of voters
37.21in the region equal to five percent of those who voted for candidates for governor at the
37.22last gubernatorial election present a petition within nine weeks of the first published notice
37.23to the secretary of state requesting that the matter be submitted to popular vote, it shall be
37.24submitted at the next general election. The question prepared shall be:
37.25"Shall the regional rail authority have the power to impose a property tax?
| 37.26 |
Yes ..... |
||
| 37.27 |
No
.....
" |
37.29within the prescribed time the authority may levy a tax at any annual rate not exceeding
37.300.04835 percent of estimated market value of all taxable property situated within the
37.31municipality or municipalities named in its organization resolution. Its recording officer
37.32shall file, on or before September 15, in the office of the county auditor of each county
37.33in which territory under the jurisdiction of the authority is located a certified copy of the
37.34board of commissioners' resolution levying the tax, and each county auditor shall assess
38.1and extend upon the tax rolls of each municipality named in the organization resolution the
38.2portion of the tax that bears the same ratio to the whole amount that the net tax capacity of
38.3taxable property in that municipality bears to the net tax capacity of taxable property in
38.4all municipalities named in the organization resolution. Collections of the tax shall be
38.5remitted by each county treasurer to the treasurer of the authority. For taxes levied in 1991,
38.6the amount levied for light rail transit purposes under this subdivision shall not exceed 75
38.7percent of the amount levied in 1990 for light rail transit purposes under this subdivision.
38.8 Sec. 63. Minnesota Statutes 2012, section 401.05, subdivision 3, is amended to read:
38.9 Subd. 3. Leasing. (a) A county or joint powers board of a group of counties
38.10which acquires or constructs and equips or improves facilities under this chapter may,
38.11with the approval of the board of county commissioners of each county, enter into a
38.12lease agreement with a city situated within any of the counties, or a county housing and
38.13redevelopment authority established under chapter 469 or any special law. Under the lease
38.14agreement, the city or county housing and redevelopment authority shall:
38.15(1) construct or acquire and equip or improve a facility in accordance with plans
38.16prepared by or at the request of a county or joint powers board of the group of counties
38.17and approved by the commissioner of corrections; and
38.18(2) finance the facility by the issuance of revenue bonds.
38.19(b) The county or joint powers board of a group of counties may lease the facility
38.20site, improvements, and equipment for a term upon rental sufficient to produce revenue
38.21for the prompt payment of the revenue bonds and all interest accruing on them. Upon
38.22completion of payment, the lessee shall acquire title. The real and personal property
38.23acquired for the facility constitutes a project and the lease agreement constitutes a revenue
38.24agreement as provided in sections
38.25county housing and redevelopment authority and the county or joint powers board shall be
38.26as provided in sections
38.27(1) no tax may be imposed upon the property;
38.28(2) the approval of the project by the commissioner of employment and economic
38.29development is not required;
38.30(3) the Department of Corrections shall be furnished and shall record information
38.31concerning each project as it may prescribe, in lieu of reports required on other projects to
38.32the commissioner of employment and economic development;
38.33(4) the rentals required to be paid under the lease agreement shall not exceed in any
38.34year one-tenth of one percent of the estimated market value of property within the county
38.35or group of counties as last equalized before the execution of the lease agreement;
39.1(5) the county or group of counties shall provide for payment of all rentals due
39.2during the term of the lease agreement in the manner required in subdivision 4;
39.3(6) no mortgage on the facilities shall be granted for the security of the bonds, but
39.4compliance with clause (5) may be enforced as a nondiscretionary duty of the county
39.5or group of counties; and
39.6(7) the county or the joint powers board of the group of counties may sublease any
39.7part of the facilities for purposes consistent with their maintenance and operation.
39.8 Sec. 64. Minnesota Statutes 2012, section 410.32, is amended to read:
39.9410.32 CITIES MAY ISSUE CAPITAL NOTES FOR CAPITAL EQUIPMENT.
39.10 (a) Notwithstanding any contrary provision of other law or charter, a home rule
39.11charter city may, by resolution and without public referendum, issue capital notes subject
39.12to the city debt limit to purchase capital equipment.
39.13 (b) For purposes of this section, "capital equipment" means:
39.14 (1) public safety equipment, ambulance and other medical equipment, road
39.15construction and maintenance equipment, and other capital equipment; and
39.16 (2) computer hardware and software, whether bundled with machinery or equipment
39.17or unbundled.
39.18 (c) The equipment or software must have an expected useful life at least as long
39.19as the term of the notes.
39.20 (d) The notes shall be payable in not more than ten years and be issued on terms
39.21and in the manner the city determines. The total principal amount of the capital notes
39.22issued in a fiscal year shall not exceed 0.03 percent of the estimated market value of
39.23taxable property in the city for that year.
39.24 (e) A tax levy shall be made for the payment of the principal and interest on the
39.25notes, in accordance with section
39.26 (f) Notes issued under this section shall require an affirmative vote of two-thirds of
39.27the governing body of the city.
39.28 (g) Notwithstanding a contrary provision of other law or charter, a home rule charter
39.29city may also issue capital notes subject to its debt limit in the manner and subject to the
39.30limitations applicable to statutory cities pursuant to section
39.31 Sec. 65. Minnesota Statutes 2012, section 412.221, subdivision 2, is amended to read:
39.32 Subd. 2. Contracts. The council shall have power to make such contracts as may
39.33be deemed necessary or desirable to make effective any power possessed by the council.
39.34The city may purchase personal property through a conditional sales contract and real
40.1property through a contract for deed under which contracts the seller is confined to the
40.2remedy of recovery of the property in case of nonpayment of all or part of the purchase
40.3price, which shall be payable over a period of not to exceed five years. When the contract
40.4price of property to be purchased by contract for deed or conditional sales contract
40.5exceeds 0.24177 percent of the estimated market value of the city, the city may not enter
40.6into such a contract for at least ten days after publication in the official newspaper of a
40.7council resolution determining to purchase property by such a contract; and, if before the
40.8end of that time a petition asking for an election on the proposition signed by voters equal
40.9to ten percent of the number of voters at the last regular city election is filed with the clerk,
40.10the city may not enter into such a contract until the proposition has been approved by a
40.11majority of the votes cast on the question at a regular or special election.
40.12 Sec. 66. Minnesota Statutes 2012, section 412.301, is amended to read:
40.13412.301 FINANCING PURCHASE OF CERTAIN EQUIPMENT.
40.14 (a) The council may issue certificates of indebtedness or capital notes subject to the
40.15city debt limits to purchase capital equipment.
40.16 (b) For purposes of this section, "capital equipment" means:
40.17 (1) public safety equipment, ambulance and other medical equipment, road
40.18construction and maintenance equipment, and other capital equipment; and
40.19 (2) computer hardware and software, whether bundled with machinery or equipment
40.20or unbundled.
40.21 (c) The equipment or software must have an expected useful life at least as long as
40.22the terms of the certificates or notes.
40.23 (d) Such certificates or notes shall be payable in not more than ten years and shall be
40.24issued on such terms and in such manner as the council may determine.
40.25 (e) If the amount of the certificates or notes to be issued to finance any such purchase
40.26exceeds 0.25 percent of the estimated market value of taxable property in the city, they
40.27shall not be issued for at least ten days after publication in the official newspaper of
40.28a council resolution determining to issue them; and if before the end of that time, a
40.29petition asking for an election on the proposition signed by voters equal to ten percent
40.30of the number of voters at the last regular municipal election is filed with the clerk, such
40.31certificates or notes shall not be issued until the proposition of their issuance has been
40.32approved by a majority of the votes cast on the question at a regular or special election.
40.33 (f) A tax levy shall be made for the payment of the principal and interest on such
40.34certificates or notes, in accordance with section
41.1 Sec. 67. Minnesota Statutes 2012, section 428A.02, subdivision 1, is amended to read:
41.2 Subdivision 1. Ordinance. The governing body of a city may adopt an ordinance
41.3establishing a special service district. Only property that is classified under section
41.4and used for commercial, industrial, or public utility purposes, or is vacant land zoned or
41.5designated on a land use plan for commercial or industrial use and located in the special
41.6service district, may be subject to the charges imposed by the city on the special service
41.7district. Other types of property may be included within the boundaries of the special
41.8service district but are not subject to the levies or charges imposed by the city on the
41.9special service district. If 50 percent or more of the estimated market value of a parcel of
41.10property is classified under section
41.11or designated on a land use plan for commercial or industrial use, or public utility for the
41.12current assessment year, then the entire taxable market value of the property is subject to a
41.13service charge based on net tax capacity for purposes of sections
41.14The ordinance shall describe with particularity the area within the city to be included in
41.15the district and the special services to be furnished in the district. The ordinance may not
41.16be adopted until after a public hearing has been held on the question. Notice of the hearing
41.17shall include the time and place of hearing, a map showing the boundaries of the proposed
41.18district, and a statement that all persons owning property in the proposed district that
41.19would be subject to a service charge will be given opportunity to be heard at the hearing.
41.20Within 30 days after adoption of the ordinance under this subdivision, the governing body
41.21shall send a copy of the ordinance to the commissioner of revenue.
41.22 Sec. 68. Minnesota Statutes 2012, section 430.102, subdivision 2, is amended to read:
41.23 Subd. 2. Council approval; special tax levy limitation. The council shall receive
41.24and consider the estimate required in subdivision 1 and the items of cost after notice and
41.25hearing before it or its appropriate committee as it considers necessary or expedient, and
41.26shall approve the estimate, with necessary amendments. The amounts of each item of cost
41.27estimated are then appropriated to operate, maintain, and improve the pedestrian mall
41.28during the next fiscal year. The amount of the special tax to be charged under subdivision
41.291, clause (3), must not, however, exceed 0.12089 percent of estimated market value of
41.30taxable property in the district. The council shall make any necessary adjustment in costs of
41.31operating and maintaining the district to keep the amount of the tax within this limitation.
41.32 Sec. 69. Minnesota Statutes 2012, section 447.10, is amended to read:
41.33447.10 TAX LEVY FOR OPERATING AND MAINTAINING HOSPITAL.
42.1The governing body of a city of the first class owning a hospital may annually levy
42.2a tax to operate and maintain the hospital. The tax must not exceed 0.00806 percent of
42.3
42.4 Sec. 70. Minnesota Statutes 2012, section 450.19, is amended to read:
42.5450.19 TOURIST CAMPING GROUNDS.
42.6A home rule charter or statutory city or town may establish and maintain public
42.7tourist camping grounds. The governing body thereof may acquire by lease, purchase, or
42.8gift, suitable lands located either within or without the corporate limits for use as public
42.9tourist camping grounds and provide for the equipment, operation, and maintenance
42.10of the same. The amount that may be expended for the maintenance, improvement, or
42.11operation of tourist camping grounds shall not exceed, in any year, a sum equal to 0.00806
42.12percent of
42.13 Sec. 71. Minnesota Statutes 2012, section 450.25, is amended to read:
42.14450.25 MUSEUM, GALLERY, OR SCHOOL OF ARTS OR CRAFTS; TAX
42.15LEVY.
42.16After the acquisition of any museum, gallery, or school of arts or crafts, the board
42.17of park commissioners of the city in which it is located shall cause to be included in the
42.18annual tax levy upon all the taxable property of the county in which the museum, gallery,
42.19or school of arts or crafts is located, a tax of 0.00846 percent of estimated market value.
42.20The board shall certify the levy to the county auditor and it shall be added to, and collected
42.21with and as part of, the general, real, and personal property taxes, with like penalties and
42.22interest, in case of nonpayment and default, and all provisions of law in respect to the
42.23levy, collection, and enforcement of other taxes shall, so far as applicable, be followed in
42.24respect of these taxes. All of these taxes, penalties, and interest, when collected, shall be
42.25paid to the city treasurer of the city in which is located the museum, gallery, or school
42.26of arts or crafts and credited to a fund to be known as the park museum fund, and shall
42.27be used only for the purposes specified in sections
42.28proceeds of the levy not expended for the purposes specified in section
42.29used for the erection of new buildings for the same purposes.
42.30 Sec. 72. Minnesota Statutes 2012, section 458A.10, is amended to read:
42.31458A.10 PROPERTY TAX.
43.1The commission shall annually levy a tax not to exceed 0.12089 percent of estimated
43.2market value on all the taxable property in the transit area at a rate sufficient to produce
43.3an amount necessary for the purposes of sections
43.4payment of principal and interest due on any revenue bonds issued pursuant to section
43.6the county auditors of the transit area, extended, assessed, and collected in the manner
43.7provided by law for the property taxes levied by the governing bodies of cities. The
43.8proceeds of the taxes levied under this section shall be remitted by the respective county
43.9treasurers to the treasurer of the commission, who shall credit the same to the funds of
43.10the commission for use for the purposes of sections
43.11applicable pledges or limitations on account of tax anticipation certificates or other
43.12specific purposes. At any time after making a tax levy under this section and certifying
43.13it to the county auditors, the commission may issue general obligation certificates of
43.14indebtedness in anticipation of the collection of the taxes as provided by section
43.15 Sec. 73. Minnesota Statutes 2012, section 458A.31, subdivision 1, is amended to read:
43.16 Subdivision 1. Levy limit. Notwithstanding anything to the contrary contained in
43.17the charter of the city of Duluth, any ordinance thereof, or any statute applicable thereto,
43.18limiting the amount levied in any one year for general or special purposes, the city council
43.19of the city of Duluth shall each year levy a tax in an amount not to exceed 0.07253
43.20percent of
43.21shall take effect immediately upon its passage and approval. The proceeds of the levy
43.22shall be paid into the city treasury and deposited in the operating fund provided for in
43.23section
43.24 Sec. 74. Minnesota Statutes 2012, section 465.04, is amended to read:
43.25465.04 ACCEPTANCE OF GIFTS.
43.26Cities of the second, third, or fourth class, having at any time
43.27 market value of not more than $41,000,000,
43.28equalized by the commissioner of revenue, either under home rule charter or under the
43.29laws of this state, in addition to all other powers possessed by them, hereby are authorized
43.30and empowered to receive and accept gifts and donations for the use and benefit of
43.31such cities and the inhabitants thereof upon terms and conditions to be approved by the
43.32governing bodies of such cities; and such cities are authorized to comply with and perform
43.33such terms and conditions, which may include payment to the donor or donors of interest
44.1on the value of the gift at not exceeding five percent per annum payable annually or
44.2semiannually, during the remainder of the natural life or lives of such donor or donors.
44.3 Sec. 75. Minnesota Statutes 2012, section 469.033, subdivision 6, is amended to read:
44.4 Subd. 6. Operation area as taxing district, special tax. All of the territory included
44.5within the area of operation of any authority shall constitute a taxing district for the
44.6purpose of levying and collecting special benefit taxes as provided in this subdivision. All
44.7of the taxable property, both real and personal, within that taxing district shall be deemed
44.8to be benefited by projects to the extent of the special taxes levied under this subdivision.
44.9Subject to the consent by resolution of the governing body of the city in and for which
44.10it was created, an authority may levy a tax upon all taxable property within that taxing
44.11district. The tax shall be extended, spread, and included with and as a part of the general
44.12taxes for state, county, and municipal purposes by the county auditor, to be collected and
44.13enforced therewith, together with the penalty, interest, and costs. As the tax, including any
44.14penalties, interest, and costs, is collected by the county treasurer it shall be accumulated
44.15and kept in a separate fund to be known as the "housing and redevelopment project fund."
44.16The money in the fund shall be turned over to the authority at the same time and in the same
44.17manner that the tax collections for the city are turned over to the city, and shall be expended
44.18only for the purposes of sections
44.19signed by the chair of the authority or an authorized representative. The amount of the
44.20levy shall be an amount approved by the governing body of the city, but shall not exceed
44.210.0185 percent of
44.22and file a budget in accordance with the budget procedure of the city in the same manner as
44.23required of executive departments of the city or, if no budgets are required to be filed, by
44.24August 1. The amount of the tax levy for the following year shall be based on that budget.
44.25 Sec. 76. Minnesota Statutes 2012, section 469.034, subdivision 2, is amended to read:
44.26 Subd. 2. General obligation revenue bonds. (a) An authority may pledge the
44.27general obligation of the general jurisdiction governmental unit as additional security for
44.28bonds payable from income or revenues of the project or the authority. The authority
44.29must find that the pledged revenues will equal or exceed 110 percent of the principal and
44.30interest due on the bonds for each year. The proceeds of the bonds must be used for a
44.31qualified housing development project or projects. The obligations must be issued and
44.32sold in the manner and following the procedures provided by chapter 475, except the
44.33obligations are not subject to approval by the electors, and the maturities may extend to
44.34not more than 35 years for obligations sold to finance housing for the elderly and 40 years
45.1for other obligations issued under this subdivision. The authority is the municipality for
45.2purposes of chapter 475.
45.3(b) The principal amount of the issue must be approved by the governing body of
45.4the general jurisdiction governmental unit whose general obligation is pledged. Public
45.5hearings must be held on issuance of the obligations by both the authority and the general
45.6jurisdiction governmental unit. The hearings must be held at least 15 days, but not more
45.7than 120 days, before the sale of the obligations.
45.8(c) The maximum amount of general obligation bonds that may be issued and
45.9outstanding under this section equals the greater of (1) one-half of one percent of the
45.10
45.11general obligation is pledged, or (2) $3,000,000. In the case of county or multicounty
45.12general obligation bonds, the outstanding general obligation bonds of all cities in the
45.13county or counties issued under this subdivision must be added in calculating the limit
45.14under clause (1).
45.15(d) "General jurisdiction governmental unit" means the city in which the housing
45.16development project is located. In the case of a county or multicounty authority, the
45.17county or counties may act as the general jurisdiction governmental unit. In the case of
45.18a multicounty authority, the pledge of the general obligation is a pledge of a tax on the
45.19taxable property in each of the counties.
45.20(e) "Qualified housing development project" means a housing development project
45.21providing housing either for the elderly or for individuals and families with incomes not
45.22greater than 80 percent of the median family income as estimated by the United States
45.23Department of Housing and Urban Development for the standard metropolitan statistical
45.24area or the nonmetropolitan county in which the project is located. The project must be
45.25owned for the term of the bonds either by the authority or by a limited partnership or other
45.26entity in which the authority or another entity under the sole control of the authority is
45.27the sole general partner and the partnership or other entity must receive (1) an allocation
45.28from the Department of Management and Budget or an entitlement issuer of tax-exempt
45.29bonding authority for the project and a preliminary determination by the Minnesota
45.30Housing Finance Agency or the applicable suballocator of tax credits that the project
45.31will qualify for four percent low-income housing tax credits or (2) a reservation of nine
45.32percent low-income housing tax credits from the Minnesota Housing Finance Agency or a
45.33suballocator of tax credits for the project. A qualified housing development project may
45.34admit nonelderly individuals and families with higher incomes if:
45.35(1) three years have passed since initial occupancy;
46.1(2) the authority finds the project is experiencing unanticipated vacancies resulting in
46.2insufficient revenues, because of changes in population or other unforeseen circumstances
46.3that occurred after the initial finding of adequate revenues; and
46.4(3) the authority finds a tax levy or payment from general assets of the general
46.5jurisdiction governmental unit will be necessary to pay debt service on the bonds if higher
46.6income individuals or families are not admitted.
46.7(f) The authority may issue bonds to refund bonds issued under this subdivision in
46.8accordance with section
46.9by paragraph (a) and the public hearing required by paragraph (b) shall not apply to the
46.10issuance of refunding bonds. This paragraph applies to refunding bonds issued on and
46.11after July 1, 1992.
46.12 Sec. 77. Minnesota Statutes 2012, section 469.053, subdivision 4, is amended to read:
46.13 Subd. 4. Mandatory city levy. A city shall, at the request of the port authority, levy
46.14a tax in any year for the benefit of the port authority. The tax must not exceed 0.01813
46.15percent of
46.16treasurer to the treasurer of the port authority, to be spent by the authority.
46.17 Sec. 78. Minnesota Statutes 2012, section 469.053, subdivision 4a, is amended to read:
46.18 Subd. 4a. Seaway port authority levy. A levy made under this subdivision shall
46.19replace the mandatory city levy under subdivision 4. A seaway port authority is a special
46.20taxing district under section
46.21seaway port authority. The tax must not exceed 0.01813 percent of
46.22 market value. The county auditor shall distribute the proceeds of the property tax levy to
46.23the seaway port authority.
46.24 Sec. 79. Minnesota Statutes 2012, section 469.053, subdivision 6, is amended to read:
46.25 Subd. 6. Discretionary city levy. Upon request of a port authority, the port
46.26authority's city may levy a tax to be spent by and for its port authority. The tax must
46.27enable the port authority to carry out efficiently and in the public interest sections
46.28to
46.29more than 0.00282 percent of
46.30pay the proceeds of the tax to the port authority treasurer. The money may be spent by
46.31the authority in performance of its duties to create and develop industrial development
46.32districts. In spending the money the authority must judge what best serves the public
46.33interest. The levy in this subdivision is in addition to the levy in subdivision 4.
47.1 Sec. 80. Minnesota Statutes 2012, section 469.107, subdivision 1, is amended to read:
47.2 Subdivision 1. City tax levy. A city may, at the request of the authority, levy a tax in
47.3any year for the benefit of the authority. The tax must be not more than 0.01813 percent of
47.4
47.5the treasurer of the authority, to be spent by the authority.
47.6 Sec. 81. Minnesota Statutes 2012, section 469.180, subdivision 2, is amended to read:
47.7 Subd. 2. Tax levies. Notwithstanding any law, the county board of any county may
47.8appropriate from the general revenue fund a sum not to exceed a county levy of 0.00080
47.9percent of
47.10 Sec. 82. Minnesota Statutes 2012, section 469.187, is amended to read:
47.11469.187 FIRST CLASS CITY SPENDING FOR PUBLICITY; PUBLICITY
47.12BOARD.
47.13Any city of the first class may expend money for city publicity purposes. The city may
47.14levy a tax, not exceeding 0.00080 percent of
47.15of the levy shall be expended in the manner and for the city publicity purposes the council
47.16directs. The council may establish and provide for a publicity board or bureau to administer
47.17the fund, subject to the conditions and limitations the council prescribes by ordinance.
47.18 Sec. 83. Minnesota Statutes 2012, section 469.206, is amended to read:
47.19469.206 HAZARDOUS PROPERTY PENALTY.
47.20A city may assess a penalty up to one percent of the estimated market value of
47.21real property, including any building located within the city that the city determines to
47.22be hazardous as defined in section
47.23notice to the address to which the property tax statement is sent at least 90 days before it
47.24may assess the penalty. If the owner of the property has not paid the penalty or fixed the
47.25property within 90 days after receiving notice of the penalty, the penalty is considered
47.26delinquent and is increased by 25 percent each 60 days the penalty is not paid and the
47.27property remains hazardous. For the purposes of this section, a penalty that is delinquent
47.28is considered a delinquent property tax and subject to chapters 279, 280, and 281, in the
47.29same manner as delinquent property taxes.
48.1 Sec. 84. Minnesota Statutes 2012, section 471.24, is amended to read:
48.2471.24 TOWNS, STATUTORY CITIES; JOINT MAINTENANCE OF
48.3CEMETERY.
48.4Where a statutory city or town owns and maintains an established cemetery or burial
48.5ground, either within or without the municipal limits, the statutory city or town may, by
48.6mutual agreement with contiguous statutory cities and towns, each having
48.7 market value of not less than $2,000,000, join together in the maintenance of such public
48.8cemetery or burial ground for the use of the inhabitants of each of such municipalities; and
48.9each such municipality is hereby authorized, by action of its council or governing body,
48.10to levy a tax or make an appropriation for the annual support and maintenance of such
48.11cemetery or burial ground; provided, the amount thus appropriated by each municipality
48.12shall not exceed a total of $10,000 in any one year.
48.13 Sec. 85. Minnesota Statutes 2012, section 471.571, subdivision 1, is amended to read:
48.14 Subdivision 1. Application. This section applies to each city in which the net tax
48.15capacity of real and personal property consists in part of iron ore or lands containing
48.16taconite or semitaconite and in which the total
48.17and personal property exceeds $2,500,000.
48.18 Sec. 86. Minnesota Statutes 2012, section 471.571, subdivision 2, is amended to read:
48.19 Subd. 2. Creation of fund, tax levy. The governing body of the city may create a
48.20permanent improvement and replacement fund to be maintained by an annual tax levy.
48.21The governing body may levy a tax in excess of any charter limitation for the support of
48.22the permanent improvement and replacement fund, but not exceeding the following:
48.23(a) in cities having a population of not more than 500 inhabitants, the lesser of $20
48.24per capita or 0.08059 percent of
48.25(b) in cities having a population of more than 500 and less than
48.26greater of $12.50 per capita or $10,000 but not exceeding 0.08059 percent of
48.27 estimated market value;
48.28(c) in cities having a population of
48.29the greater of $10 per capita or $31,500 but not exceeding 0.08059 percent of
48.30 estimated market value.
48.31 Sec. 87. Minnesota Statutes 2012, section 471.73, is amended to read:
48.32471.73 ACCEPTANCE OF PROVISIONS.
49.1In the case of any city within the class specified in section
49.2estimated market value
49.3case of any statutory city within such class having
49.4
49.5class which is governed by Laws 1933, chapter 211, or Laws 1937, chapter 356; and in
49.6the case of any statutory city within such class which is governed by Laws 1929, chapter
49.7208, and has
49.8any school district within such class having
49.9
49.10sections
49.11board of the school district, or the town board of the town shall have adopted a resolution
49.12determining to issue bonds under the provisions of sections
49.13upon a cash basis in accordance with the provisions thereof.
49.14 Sec. 88. Minnesota Statutes 2012, section 473.325, subdivision 2, is amended to read:
49.15 Subd. 2. Chapter 475 applies; exceptions. The Metropolitan Council shall sell and
49.16issue the bonds in the manner provided in chapter 475, and shall have the same powers
49.17and duties as a municipality issuing bonds under that law, except that the approval of a
49.18majority of the electors shall not be required and the net debt limitations shall not apply.
49.19The terms of each series of bonds shall be fixed so that the amount of principal and interest
49.20on all outstanding and undischarged bonds, together with the bonds proposed to be issued,
49.21due in any year shall not exceed 0.01209 percent of estimated market value of all taxable
49.22property in the metropolitan area as last finally equalized prior to a proposed issue. The
49.23bonds shall be secured in accordance with section
49.24required for their payment shall be levied by the council, shall not affect the amount or rate
49.25of taxes which may be levied by the council for other purposes, shall be spread against all
49.26taxable property in the metropolitan area and shall not be subject to limitation as to rate or
49.27amount. Any taxes certified by the council to the county auditors for collection shall be
49.28reduced by the amount received by the council from the commissioner of management and
49.29budget or the federal government for the purpose of paying the principal and interest on
49.30bonds to which the levy relates. The council shall certify the fact and amount of all money
49.31so received to the county auditors, and the auditors shall reduce the levies previously made
49.32for the bonds in the manner and to the extent provided in section
50.1 Sec. 89. Minnesota Statutes 2012, section 473.629, is amended to read:
50.2473.629 VALUE OF PROPERTY FOR BOND ISSUES BY SCHOOL
50.3DISTRICTS.
50.4As to any lands
50.5 section 473.625, notwithstanding
50.6value of
50.7
50.8
50.9properties
50.10district
50.11taxable properties for purposes of the school district's net debt limit are 33-1/3 percent of
50.12the estimated market value thereof as determined and certified by
50.13 the school district, and
50.14tenth day of October
50.15and certify that value; provided, however, that the value of
50.16
50.17all properties
50.18debt limit of the school district.
50.19 Sec. 90. Minnesota Statutes 2012, section 473.661, subdivision 3, is amended to read:
50.20 Subd. 3. Levy limit. In any budget certified by the commissioners under this section,
50.21the amount included for operation and maintenance shall not exceed an amount which,
50.22when extended against the property taxable therefor under section
50.23will require a levy at a rate of 0.00806 percent of estimated market value. Taxes levied by
50.24the corporation shall not affect the amount or rate of taxes which may be levied by any other
50.25local government unit within the metropolitan area under the provisions of any charter.
50.26 Sec. 91. Minnesota Statutes 2012, section 473.667, subdivision 9, is amended to read:
50.27 Subd. 9. Additional taxes. Nothing herein shall prevent the commission from
50.28levying a tax not to exceed 0.00121 percent of estimated market value on taxable property
50.29within its taxing jurisdiction, in addition to any levies found necessary for the debt
50.30service fund authorized by section
50.31appropriation for purposes of the commission of any other tax on property or on any
50.32income, transaction, or privilege, when and if authorized by law. All collections of any
50.33taxes so levied shall be included in the revenues appropriated for the purposes referred
50.34to in this section, unless otherwise provided in the law authorizing the levies; but no
51.1covenant as to the continuance or as to the rate and amount of any such levy shall be made
51.2with the holders of the commission's bonds unless specifically authorized by law.
51.3 Sec. 92. Minnesota Statutes 2012, section 473.671, is amended to read:
51.4473.671 LIMIT OF TAX LEVY.
51.5The taxes levied against the property of the metropolitan area in any one year shall
51.6not exceed 0.00806 percent of
51.7to pay the principal or interest on any bonds or indebtedness of the city issued under
51.8Laws 1943, chapter 500, and exclusive of any taxes levied to pay the share of the city for
51.9payments on bonded indebtedness of the corporation provided for in Laws 1943, chapter
51.10500. The levy of taxes authorized in Laws 1943, chapter 500, shall be in addition to the
51.11maximum rate allowed to be levied to defray the cost of government under the provisions
51.12of the charter of any city affected by Laws 1943, chapter 500.
51.13 Sec. 93. Minnesota Statutes 2012, section 473.711, subdivision 2a, is amended to read:
51.14 Subd. 2a. Tax levy. (a) The commission may levy a tax on all taxable property in the
51.15district as defined in section
51.16to
51.17subdivision. A participating county may agree to levy an additional tax to be used by the
51.18commission for the purposes of sections
51.19commission's taxes may not exceed the county's proportionate share of the property tax levy
51.20limitation determined under this subdivision based on the ratio of its total net tax capacity
51.21to the total net tax capacity of the entire district as adjusted by section
51.223
51.23district to other taxes of the county for collection by the county treasurer with other taxes.
51.24When collected, the county treasurer shall make settlement of the tax with the district in
51.25the same manner as other taxes are distributed to political subdivisions. No county shall
51.26levy any tax for mosquito, disease vectoring tick, and black gnat (Simuliidae) control
51.27except under this section. The levy shall be in addition to other taxes authorized by law.
51.28(b) The property tax levied by the Metropolitan Mosquito Control Commission shall
51.29not exceed the product of (i) the commission's property tax levy limitation for the previous
51.30year determined under this subdivision multiplied by (ii) an index for market valuation
51.31changes equal to the total estimated market
51.32current tax payable year located within the district plus any area that has been added to the
51.33district since the previous year, divided by the total estimated market
51.34taxable property located within the district for the previous taxes payable year.
52.1
52.2
52.3
52.4
52.5
52.6 Sec. 94. Minnesota Statutes 2012, section 473F.02, subdivision 12, is amended to read:
52.7 Subd. 12. Adjusted market value. "Adjusted market value" of real and personal
52.8property within a municipality means the
52.9as defined in section 272.03, of all real and personal property, including the value of
52.10manufactured housing, within the municipality, adjusted for sales ratios in a manner
52.11similar to the adjustments made to city and town net tax capacities
52.12
52.13
52.14
52.15
52.16
52.17
52.18
52.19
52.20
52.21 Sec. 95. Minnesota Statutes 2012, section 473F.02, subdivision 14, is amended to read:
52.22 Subd. 14. Fiscal capacity. "Fiscal capacity" of a municipality means its
52.23 adjusted market value, determined as of January 2 of any year, divided by its population,
52.24determined as of a date in the same year.
52.25 Sec. 96. Minnesota Statutes 2012, section 473F.02, subdivision 15, is amended to read:
52.26 Subd. 15. Average fiscal capacity. "Average fiscal capacity" of municipalities
52.27means the sum of the
52.28as of January 2 of any year, divided by the sum of their populations, determined as of
52.29a date in the same year.
52.30 Sec. 97. Minnesota Statutes 2012, section 473F.02, subdivision 23, is amended to read:
52.31 Subd. 23. Net tax capacity. "Net tax capacity" means the taxable market value of
52.32real and personal property multiplied by its net tax capacity rates in section
53.1 Sec. 98. Minnesota Statutes 2012, section 473F.08, subdivision 10, is amended to read:
53.2 Subd. 10. Adjustment of value
53.3
53.4
53.5
53.6
53.7subdivision 14, a municipality's taxable market value shall be adjusted to reflect the
53.8
53.9that
53.10or any class thereof within a
53.11
53.12which bears the same proportion to the amount subtracted from the
53.13 municipality's net tax capacity pursuant to subdivision 2, clause (a), as the taxable
53.14market value of commercial-industrial property, or such class thereof, located within the
53.15
53.16property, or such class thereof, located within the
53.17
53.18
53.19
53.20
53.21
53.22
53.23
53.24
53.25taxable market value for the increase in net tax capacity under subdivision 2, clause (b).
53.26 Sec. 99. Minnesota Statutes 2012, section 475.521, subdivision 4, is amended to read:
53.27 Subd. 4. Limitations on amount. A municipality may not issue bonds under this
53.28section if the maximum amount of principal and interest to become due in any year on
53.29all the outstanding bonds issued under this section, including the bonds to be issued,
53.30will equal or exceed 0.16 percent of the
53.31in the municipality. Calculation of the limit must be made using the
53.32 market value for the taxes payable year in which the obligations are issued and sold. In
53.33the case of a municipality with a population of 2,500 or more, the bonds are subject to
53.34the net debt limits under section
53.35than one municipality participates, upon compliance by each participating municipality
54.1with the requirements of subdivision 2, the limitations in this subdivision and the net debt
54.2represented by the bonds shall be allocated to each participating municipality in proportion
54.3to its required financial contribution to the financing of the shared facility, as set forth in
54.4the joint powers agreement relating to the shared facility. This section does not limit the
54.5authority to issue bonds under any other special or general law.
54.6 Sec. 100. Minnesota Statutes 2012, section 475.53, subdivision 1, is amended to read:
54.7 Subdivision 1. Generally. Except as otherwise provided in sections
54.9subject to a net debt in excess of three percent of the estimated market value of taxable
54.10property in the municipality.
54.11 Sec. 101. Minnesota Statutes 2012, section 475.53, subdivision 3, is amended to read:
54.12 Subd. 3. Cities first class. Unless its charter permits a greater net debt a city of
54.13the first class may not incur a net debt in excess of two percent of the estimated market
54.14value of all taxable property therein. If the charter of the city permits a net debt of the city
54.15in excess of two percent of its valuation, it may not incur a net debt in excess of 3-2/3
54.16percent of the estimated market value of the taxable property therein.
54.17The county auditor, at the time of preparing the tax list of the city, shall compile a
54.18statement setting forth the total net tax capacity and the total estimated market value of
54.19each class of taxable property in such city for such year.
54.20 Sec. 102. Minnesota Statutes 2012, section 475.53, subdivision 4, is amended to read:
54.21 Subd. 4. School districts. Except as otherwise provided by law, no school district
54.22shall be subject to a net debt in excess of 15 percent of the
54.23all taxable property situated within its corporate limits, as computed in accordance with this
54.24subdivision. The county auditor of each county containing taxable real or personal property
54.25situated within any school district shall certify to the district upon request the estimated
54.26market value of all such property. Whenever the commissioner of revenue, in accordance
54.27with section
54.28
54.29property in the district exceeds the estimated market value of property within the district,
54.30the commissioner of revenue shall certify to the district upon request the ratio most recently
54.31ascertained to exist between
54.32 market value of property within the district
54.33
55.1
55.2the ratio certified by the commissioner of revenue
55.3 Sec. 103. Minnesota Statutes 2012, section 475.58, subdivision 2, is amended to read:
55.4 Subd. 2. Funding, refunding. Any county, city, town, or school district whose
55.5outstanding gross debt, including all items referred to in section
55.64
55.7this subdivision for the purpose of funding or refunding such indebtedness or any part
55.8thereof. A list of the items of indebtedness to be funded or refunded shall be made by the
55.9recording officer and treasurer and filed in the office of the recording officer. The initial
55.10resolution of the governing body shall refer to this subdivision as authority for the issue,
55.11state the amount of bonds to be issued and refer to the list of indebtedness to be funded or
55.12refunded. This resolution shall be published once each week for two successive weeks
55.13in a legal newspaper published in the municipality or if there be no such newspaper, in
55.14a legal newspaper published in the county seat. Such bonds may be issued without the
55.15submission of the question of their issue to the electors unless within ten days after the
55.16second publication of the resolution a petition requesting such election signed by ten or
55.17more voters who are taxpayers of the municipality, shall be filed with the recording officer.
55.18In event such petition is filed, no bonds shall be issued hereunder unless authorized by a
55.19majority of the electors voting on the question.
55.20 Sec. 104. Minnesota Statutes 2012, section 475.73, subdivision 1, is amended to read:
55.21 Subdivision 1. May purchase these bonds; conditions. Obligations sold under the
55.22provisions of section
55.23obligations meet the requirements of section
55.24the attorney general as to form and execution of the application therefor, and under rules
55.25as the board may specify, and the state board shall have authority to purchase the same
55.26to an amount not exceeding
55.27property of the municipality, according to the last preceding assessment. The obligations
55.28shall not run for a shorter period than one year, nor for a longer period than 30 years and
55.29shall bear interest at a rate to be fixed by the state board but not less than two percent per
55.30annum. Forthwith upon the delivery to the state of Minnesota of any obligations issued by
55.31virtue thereof, the commissioner of management and budget shall certify to the respective
55.32auditors of the various counties wherein are situated the municipalities issuing the same,
55.33the number, denomination, amount, rate of interest and date of maturity of each obligation.
56.1 Sec. 105. Minnesota Statutes 2012, section 477A.011, subdivision 20, is amended to
56.2read:
56.3 Subd. 20. City net tax capacity. "City net tax capacity" means
56.4
56.5
56.6
56.7
56.8
56.9
56.10
56.11
56.12
56.13
56.14
56.15
56.16
56.17 the city's adjusted net tax capacity under section 273.1325.
56.18EFFECTIVE DATE.This section is effective the day following final enactment.
56.19 Sec. 106. Minnesota Statutes 2012, section 477A.011, subdivision 32, is amended to
56.20read:
56.21 Subd. 32. Commercial industrial percentage. "Commercial industrial percentage"
56.22for a city is 100 times the sum of the estimated market values of all real property in the
56.23city classified as class 3 under section
56.24property, to the total estimated market value of all taxable real and personal property in
56.25the city. The estimated market values are the amounts computed before any adjustments
56.26for fiscal disparities under section
56.27used for this subdivision are not equalized.
56.28EFFECTIVE DATE.This section is effective for aids payable in 2014 and thereafter.
56.29 Sec. 107. Minnesota Statutes 2012, section 477A.0124, subdivision 2, is amended to
56.30read:
56.31 Subd. 2. Definitions. (a) For the purposes of this section, the following terms
56.32have the meanings given them.
57.1(b) "County program aid" means the sum of "county need aid," "county tax base
57.2equalization aid," and "county transition aid."
57.3(c) "Age-adjusted population" means a county's population multiplied by the county
57.4age index.
57.5(d) "County age index" means the percentage of the population over age 65 within
57.6the county divided by the percentage of the population over age 65 within the state, except
57.7that the age index for any county may not be greater than 1.8 nor less than 0.8.
57.8(e) "Population over age 65" means the population over age 65 established as of
57.9July 15 in an aid calculation year by the most recent federal census, by a special census
57.10conducted under contract with the United States Bureau of the Census, by a population
57.11estimate made by the Metropolitan Council, or by a population estimate of the state
57.12demographer made pursuant to section
57.13date of the count or estimate for the preceding calendar year and which has been certified
57.14to the commissioner of revenue on or before July 15 of the aid calculation year. A revision
57.15to an estimate or count is effective for these purposes only if certified to the commissioner
57.16on or before July 15 of the aid calculation year. Clerical errors in the certification or use of
57.17estimates and counts established as of July 15 in the aid calculation year are subject to
57.18correction within the time periods allowed under section
57.19(f) "Part I crimes" means the three-year average annual number of Part I crimes
57.20reported for each county by the Department of Public Safety for the most recent years
57.21available. By July 1 of each year, the commissioner of public safety shall certify to the
57.22commissioner of revenue the number of Part I crimes reported for each county for the
57.23three most recent calendar years available.
57.24(g) "Households receiving food stamps" means the average monthly number of
57.25households receiving food stamps for the three most recent years for which data is
57.26available. By July 1 of each year, the commissioner of human services must certify to the
57.27commissioner of revenue the average monthly number of households in the state and in
57.28each county that receive food stamps, for the three most recent calendar years available.
57.29(h) "County net tax capacity" means the
57.30
57.31adjusted net tax capacity under section 273.1325.
57.32EFFECTIVE DATE.This section is effective the day following final enactment.
57.33 Sec. 108. Minnesota Statutes 2012, section 641.23, is amended to read:
57.34641.23 FUNDS; HOW PROVIDED.
58.1Before any contract is made for the erection of a county jail, sheriff's residence, or
58.2both, the county board shall either levy a sufficient tax to provide the necessary funds, or
58.3issue county bonds therefor in accordance with the provisions of chapter 475, provided
58.4that no election is required if the amount of all bonds issued for this purpose and interest
58.5on them which are due and payable in any year does not exceed an amount equal to
58.60.09671 percent of estimated market value of taxable property within the county, as last
58.7determined before the bonds are issued.
58.8 Sec. 109. Minnesota Statutes 2012, section 641.24, is amended to read:
58.9641.24 LEASING.
58.10The county may, by resolution of the county board, enter into a lease agreement with
58.11any statutory or home rule charter city situated within the county, or a county housing and
58.12redevelopment authority established pursuant to chapter 469 or any special law whereby
58.13the city or county housing and redevelopment authority will construct a jail or other law
58.14enforcement facilities for the county sheriff, deputy sheriffs, and other employees of the
58.15sheriff and other law enforcement agencies, in accordance with plans prepared by or at
58.16the request of the county board and, when required, approved by the commissioner of
58.17corrections and will finance it by the issuance of revenue bonds, and the county may lease
58.18the site and improvements for a term and upon rentals sufficient to produce revenue for the
58.19prompt payment of the bonds and all interest accruing thereon and, upon completion of
58.20payment, will acquire title thereto. The real and personal property acquired for the jail
58.21shall constitute a project and the lease agreement shall constitute a revenue agreement
58.22as contemplated in chapter 469, and all proceedings shall be taken by the city or county
58.23housing and redevelopment authority and the county in the manner and with the force and
58.24effect provided in chapter 469; provided that:
58.25(1) no tax shall be imposed upon or in lieu of a tax upon the property;
58.26(2) the approval of the project by the commissioner of commerce shall not be required;
58.27(3) the Department of Corrections shall be furnished and shall record such
58.28information concerning each project as it may prescribe;
58.29(4) the rentals required to be paid under the lease agreement shall not exceed in any
58.30year one-tenth of one percent of the estimated market value of property within the county,
58.31as last finally equalized before the execution of the agreement;
58.32(5) the county board shall provide for the payment of all rentals due during the term
58.33of the lease, in the manner required in section
59.1(6) no mortgage on the property shall be granted for the security of the bonds, but
59.2compliance with clause (5) hereof may be enforced as a nondiscretionary duty of the
59.3county board; and
59.4(7) the county board may sublease any part of the jail property for purposes consistent
59.5with the maintenance and operation of a county jail or other law enforcement facility.
59.6 Sec. 110. Minnesota Statutes 2012, section 645.44, is amended by adding a subdivision
59.7to read:
59.8 Subd. 20. Estimated market value. When used in determining or calculating a
59.9limit on taxation, spending, state aid amounts, or debt, bond, certificate of indebtedness, or
59.10capital note issuance by or for a local government unit, "estimated market value" has the
59.11meaning given in section 273.032.
59.12 Sec. 111. REVISOR'S INSTRUCTION.
59.13The revisor of statutes shall recodify Minnesota Statutes, section 127.48,
59.14subdivisions 1 to 6, as section 273.1325, subdivisions 1 to 6, and change all
59.15cross-references to the affected subdivisions accordingly.
59.16EFFECTIVE DATE.This section is effective the day following final enactment.
59.17 Sec. 112. REPEALER.
59.18Minnesota Statutes 2012, sections 273.11, subdivision 1a; 276A.01, subdivision 11;
59.19473F.02, subdivision 13; and 477A.011, subdivision 21, are repealed.
59.20 Sec. 113. EFFECTIVE DATE.
59.21Unless otherwise specifically provided, this act is effective the day following final
59.22enactment for purposes of limits on net debt, the issuance of bonds, certificates of
59.23indebtedness, and capital notes and is effective beginning for taxes payable in 2014 for
59.24all other purposes.
