1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to transportation; repealing the electric-assisted bicycle rebate; repealing |
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3 | 3 | | 1.3 Minnesota Statutes 2024, section 289A.51. |
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4 | 4 | | 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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5 | 5 | | 1.5 Section 1. REPEALER. |
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6 | 6 | | 1.6 Minnesota Statutes 2024, section 289A.51, is repealed. |
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7 | 7 | | 1.7 EFFECTIVE DATE.This section is effective the day following final enactment. |
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8 | 8 | | 1Section 1. |
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9 | 9 | | REVISOR KRB/HL 25-0375802/11/25 |
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10 | 10 | | State of Minnesota |
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11 | 11 | | This Document can be made available |
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12 | 12 | | in alternative formats upon request |
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13 | 13 | | HOUSE OF REPRESENTATIVES |
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14 | 14 | | H. F. No. 1404 |
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15 | 15 | | NINETY-FOURTH SESSION 289A.51 ELECTRIC-ASSISTED BICYCLE REBATE. |
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16 | 16 | | Subdivision 1.Definitions.(a) For purposes of this section, the following terms have the |
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17 | 17 | | meanings given. |
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18 | 18 | | (b) "Electric-assisted bicycle" has the meaning given in section 169.011, subdivision 27, except |
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19 | 19 | | that the term is limited to a new electric-assisted bicycle purchased from an eligible retailer. |
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20 | 20 | | (c) "Eligible expenses" means the amount paid for an electric-assisted bicycle and any qualifying |
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21 | 21 | | accessories purchased at the same time as the electric-assisted bicycle, inclusive of sales tax but |
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22 | 22 | | exclusive of any other related charges, including charges for a warranty, service, or delivery. |
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23 | 23 | | (d) "Eligible individual" means an individual who: |
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24 | 24 | | (1) is at least 15 years old; |
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25 | 25 | | (2) is a resident individual taxpayer at the time of application for a rebate certificate and in the |
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26 | 26 | | previous calendar year; and |
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27 | 27 | | (3) was not claimed as a dependent on another return in the taxable year described in subdivision |
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28 | 28 | | 3, paragraph (c). |
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29 | 29 | | (e) "Eligible retailer" means a person who has engaged in the business of retail sales of new |
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30 | 30 | | electric-assisted bicycles for at least six months prior to receiving the approval of the commissioner |
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31 | 31 | | under subdivision 5. |
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32 | 32 | | (f) "Qualifying accessories" means a bicycle helmet, lights, lock, luggage rack, basket, bag or |
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33 | 33 | | backpack, fenders, or reflective clothing. |
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34 | 34 | | Subd. 2.Rebate established.An eligible retailer that has been assigned a rebate certificate by |
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35 | 35 | | an eligible individual may apply to the commissioner for a rebate, as provided in this section. |
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36 | 36 | | Subd. 3.Amount of rebate.(a) The amount of a rebate under this section equals the lesser of: |
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37 | 37 | | (1) the applicable percentage, multiplied by the amount of eligible expenses paid by an eligible |
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38 | 38 | | individual; or |
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39 | 39 | | (2) $1,500. |
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40 | 40 | | (b) The applicable percentage equals 75 percent, but is reduced by one percentage point until |
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41 | 41 | | the percentage equals 50 percent, for each $4,000 of the eligible individual's adjusted gross income |
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42 | 42 | | in excess of: |
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43 | 43 | | (1) $50,000 for a married taxpayer filing a joint return; and |
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44 | 44 | | (2) $25,000 for all other filers. |
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45 | 45 | | (c) For the purposes of determining the applicable percentage under paragraph (b) and subdivision |
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46 | 46 | | 4, paragraph (a), the commissioner must use the eligible individual's adjusted gross income for the |
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47 | 47 | | taxable year ending in the calendar year prior to the year in which the individual applied for a rebate |
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48 | 48 | | certificate. |
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49 | 49 | | Subd. 4.Commissioner to issue rebate certificates.(a) To qualify for a rebate under this |
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50 | 50 | | section, an eligible individual must apply to the commissioner for a rebate certificate in the manner |
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51 | 51 | | specified by the commissioner prior to purchasing an electric-assisted bicycle. As part of the |
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52 | 52 | | application, the eligible individual must include proof of the individual's adjusted gross income for |
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53 | 53 | | the taxable year specified in subdivision 3, paragraph (c). The commissioner must issue a rebate |
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54 | 54 | | certificate to an eligible individual stating the issuance date, the applicable percentage, and the |
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55 | 55 | | maximum rebate for which the taxpayer is eligible. For a married taxpayer filing a joint return, each |
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56 | 56 | | spouse may apply to the commissioner separately, and the commissioner must issue each spouse a |
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57 | 57 | | separate rebate certificate. |
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58 | 58 | | (b) The commissioner of revenue may determine the date on which to open applications for a |
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59 | 59 | | rebate certificate, and applications must not be submitted before the date determined by the |
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60 | 60 | | commissioner. Beginning July 1, 2024, and July 1 of each subsequent calendar year for which there |
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61 | 61 | | is an allocation of rebate certificates, the commissioner must allocate rebate certificates on a |
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62 | 62 | | first-come, first-served basis. The commissioner must reserve 40 percent of the certificates for a |
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63 | 63 | | married taxpayer filing a joint return with an adjusted gross income of less than $78,000 or any |
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64 | 64 | | other filer with an adjusted gross income of less than $41,000. Any portion of the reserved amount |
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65 | 65 | | under this paragraph that is not allocated by September 30 is available for allocation to other rebate |
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66 | 66 | | certificate applications beginning on October 1. |
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67 | 67 | | 1R |
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68 | 68 | | APPENDIX |
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69 | 69 | | Repealed Minnesota Statutes: 25-03758 (c) The commissioner must not issue rebate certificates totaling more than $2,000,000 in each |
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70 | 70 | | of calendar years 2024 and 2025, except any amount authorized but not allocated in any calendar |
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71 | 71 | | year does not cancel and is added to the allocation for the next calendar year. When calculating the |
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72 | 72 | | amount of remaining allocations, the commissioner must assume that each allocated but unclaimed |
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73 | 73 | | certificate reduces the available allocations by $1,500. |
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74 | 74 | | (d) A rebate certificate that is not assigned to a retailer expires two months after the date the |
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75 | 75 | | certificate was issued and may not be assigned to a retailer after expiration. The amount of any |
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76 | 76 | | expired rebate certificates is added to the available allocation under paragraph (c). |
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77 | 77 | | Subd. 5.Certification of eligible retailers.To be eligible to be assigned a rebate certificate |
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78 | 78 | | under this section, an eligible retailer must apply to the commissioner of revenue to be certified as |
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79 | 79 | | an eligible retailer in the manner specified by the commissioner. The application must include proof |
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80 | 80 | | that the person applying has been actively involved in the business of retail sales of new |
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81 | 81 | | electric-assisted bicycles for at least six months. |
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82 | 82 | | Subd. 6.Application for rebate.(a) An eligible individual who purchases an electric-assisted |
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83 | 83 | | bicycle may assign a rebate certificate to an eligible retailer at the time of purchase. The retailer |
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84 | 84 | | must reduce the price of the electric-assisted bicycle by the amount of the rebate determined under |
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85 | 85 | | subdivision 3. |
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86 | 86 | | (b) The commissioner must establish the form and manner by which a taxpayer may assign a |
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87 | 87 | | rebate certificate to a retailer. The commissioner must establish a process through which retailers |
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88 | 88 | | may quickly verify the validity of a rebate certificate at the time of purchase. |
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89 | 89 | | (c) An eligible retailer that was assigned a rebate certificate may apply to the commissioner for |
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90 | 90 | | a rebate within one month of the date of the sale. The application must be in the manner specified |
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91 | 91 | | by the commissioner. The commissioner must pay to an eligible retailer who meets the requirements |
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92 | 92 | | of this section the amount of the rebate determined under subdivision 3. |
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93 | 93 | | (d) Only an eligible retailer may apply for a rebate under this subdivision. To receive the benefit |
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94 | 94 | | of a rebate under this section, an eligible individual must assign a rebate certificate to an eligible |
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95 | 95 | | retailer. |
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96 | 96 | | (e) A rebate certificate under this section must not be assigned or transferred more than once. |
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97 | 97 | | (f) The commissioner must not pay any rebates under this section after June 30, 2026. |
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98 | 98 | | Subd. 7.Limitations.(a) The commissioner must not issue an eligible individual a rebate |
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99 | 99 | | certificate more than one time. This limitation does not apply to a rebate certificate that expired. |
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100 | 100 | | (b) If an eligible individual purchases an electric-assisted bicycle using a rebate under this |
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101 | 101 | | section and returns the bicycle to an eligible retailer, the eligible retailer must repay to the |
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102 | 102 | | commissioner the amount of the rebate received. |
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103 | 103 | | (c) The commissioner must not issue a rebate certificate to an eligible individual who is subject |
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104 | 104 | | to a claim for a refund under chapter 270A. |
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105 | 105 | | (d) For electric-assisted bicycles purchased using rebates under this section: |
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106 | 106 | | (1) an eligible retailer must charge the same retail price for an electric-assisted bicycle as the |
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107 | 107 | | retailer charges for the same bicycle if it is purchased without a rebate; and |
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108 | 108 | | (2) an eligible retailer must not charge a retail price in excess of the manufacturer's suggested |
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109 | 109 | | retail price. |
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110 | 110 | | Subd. 8.Appropriation.$4,000,000 in fiscal year 2024 is appropriated from the general fund |
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111 | 111 | | to the commissioner to implement the requirements under this section, including but not limited to |
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112 | 112 | | administration and payment of refunds. This is a onetime appropriation and is available until June |
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113 | 113 | | 30, 2026. |
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114 | 114 | | Subd. 9.Sunset.This section expires June 30, 2026. The expiration of this section does not |
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115 | 115 | | affect the commissioner's authority to audit or power of examination and assessment for rebates |
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116 | 116 | | claimed under this section. |
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117 | 117 | | 2R |
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118 | 118 | | APPENDIX |
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119 | 119 | | Repealed Minnesota Statutes: 25-03758 |
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