Minnesota 2025-2026 Regular Session

Minnesota House Bill HF182 Compare Versions

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11 1.1 A bill for an act​
22 1.2 relating to taxation; property; providing an exemption for certain property owned​
33 1.3 or leased by congressionally chartered veterans organizations; amending Minnesota​
44 1.4 Statutes 2024, sections 272.02, by adding a subdivision; 273.13, subdivision 25.​
55 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
66 1.6 Section 1. Minnesota Statutes 2024, section 272.02, is amended by adding a subdivision​
77 1.7to read:​
88 1.8 Subd. 106.Congressionally chartered veterans organizations.(a) The following​
99 1.9property is exempt:​
1010 1.10 (1) real property up to a maximum of three acres of land owned and used by a​
1111 1.11congressionally chartered veterans organization; provided that:​
1212 1.12 (i) the organization is also a nonprofit community service oriented organization;​
1313 1.13 (ii) the property is not used for residential purposes on either a temporary or permanent​
1414 1.14basis; and​
1515 1.15 (iii)(A) the property is not used by the organization for a revenue-producing activity for​
1616 1.16more than six days in the calendar year preceding the year of assessment; or​
1717 1.17 (B) the organization makes annual charitable contributions and donations at least equal​
1818 1.18to two-thirds of the previous year's property taxes, or equal to the previous year's property​
1919 1.19taxes that would have been due on the property had it not been exempt, and the property is​
2020 1.20allowed to be used for public and community meetings or events for no charge, as appropriate​
2121 1.21to the size of the facility; and​
2222 1​Section 1.​
2323 REVISOR EAP/HL 25-00672​11/21/24 ​
2424 State of Minnesota​
2525 This Document can be made available​
2626 in alternative formats upon request​
2727 HOUSE OF REPRESENTATIVES​
2828 H. F. No. 182​
2929 NINETY-FOURTH SESSION​
3030 Authored by Swedzinski​01/22/2025​
3131 The bill was read for the first time and referred to the Veterans and Military Affairs Division​ 2.1 (2) all or a portion of real property, up to a maximum of three acres, leased or rented to​
3232 2.2a congressionally chartered veterans organization, provided that:​
3333 2.3 (i) the congressionally chartered veterans organization is also a nonprofit community​
3434 2.4service oriented organization;​
3535 2.5 (ii) the property is not used for residential purposes on either a temporary or permanent​
3636 2.6basis; and​
3737 2.7 (iii)(A) the property is not used by the organization for a revenue-producing activity for​
3838 2.8more than six days in the calendar year preceding the year of assessment; or​
3939 2.9 (B) the organization makes annual charitable contributions and donations at least equal​
4040 2.10to two-thirds of the previous year's property taxes attributable to the portion of the property​
4141 2.11leased or rented by the organization, or equal to the previous year's property taxes that would​
4242 2.12have been attributable to the portion of the property leased or rented by the organization​
4343 2.13had it not been exempt, and the property is allowed to be used for public and community​
4444 2.14meetings or events for no charge, as appropriate to the size of the facility.​
4545 2.15 (b) For property meeting the requirements of paragraph (a), clause (1), item (iii), subitem​
4646 2.16(B), and paragraph (a), clause (2), item (iii), subitem (B), the organization must maintain​
4747 2.17records of its charitable contributions and donations and of public meetings and events held​
4848 2.18on the property and make them available upon request any time to ensure eligibility. The​
4949 2.19assessor must make available the required charitable contributions and donations amount​
5050 2.20for a property under paragraph (a), clause (1), item (iii), subitem (B), and paragraph (a),​
5151 2.21clause (2), item (iii), subitem (B), upon request of the property owner.​
5252 2.22 (c) For the purposes of this subdivision, "charitable contributions and donations,"​
5353 2.23"property taxes," "nonprofit community service oriented organization," and​
5454 2.24"revenue-producing activities" have the same meanings as provided in section 273.13,​
5555 2.25subdivision 25, paragraph (d), clause (3).​
5656 2.26 (d) To claim the exemption for property meeting the requirements under paragraph (a),​
5757 2.27clause (2), the owner of the property must file an application by May 1 with the assessor​
5858 2.28for eligibility for the current year's assessment. The commissioner of revenue must prescribe​
5959 2.29a uniform application form and instructions.​
6060 2.30 (e) The commissioner of veterans affairs must annually provide a list of congressionally​
6161 2.31chartered veterans organizations to the commissioner of revenue by January 1.​
6262 2.32 EFFECTIVE DATE.This section is effective beginning with property taxes payable​
6363 2.33in 2026.​
6464 2​Section 1.​
6565 REVISOR EAP/HL 25-00672​11/21/24 ​ 3.1 Sec. 2. Minnesota Statutes 2024, section 273.13, subdivision 25, is amended to read:​
6666 3.2 Subd. 25.Class 4.(a) Class 4a is residential real estate containing four or more units​
6767 3.3and used or held for use by the owner or by the tenants or lessees of the owner as a residence​
6868 3.4for rental periods of 30 days or more, excluding property qualifying for class 4d. Class 4a​
6969 3.5also includes hospitals licensed under sections 144.50 to 144.56, other than hospitals exempt​
7070 3.6under section 272.02, and contiguous property used for hospital purposes, without regard​
7171 3.7to whether the property has been platted or subdivided. The market value of class 4a property​
7272 3.8has a classification rate of 1.25 percent.​
7373 3.9 (b) Class 4b includes:​
7474 3.10 (1) residential real estate containing less than four units, including property rented as a​
7575 3.11short-term rental property for more than 14 days in the preceding year, that does not qualify​
7676 3.12as class 4bb, other than seasonal residential recreational property;​
7777 3.13 (2) manufactured homes not classified under any other provision;​
7878 3.14 (3) a dwelling, garage, and surrounding one acre of property on a nonhomestead farm​
7979 3.15classified under subdivision 23, paragraph (b) containing two or three units; and​
8080 3.16 (4) unimproved property that is classified residential as determined under subdivision​
8181 3.1733.​
8282 3.18 For the purposes of this paragraph, "short-term rental property" means nonhomestead​
8383 3.19residential real estate rented for periods of less than 30 consecutive days.​
8484 3.20 The market value of class 4b property has a classification rate of 1.25 percent.​
8585 3.21 (c) Class 4bb includes:​
8686 3.22 (1) nonhomestead residential real estate containing one unit, other than seasonal​
8787 3.23residential recreational property;​
8888 3.24 (2) a single family dwelling, garage, and surrounding one acre of property on a​
8989 3.25nonhomestead farm classified under subdivision 23, paragraph (b); and​
9090 3.26 (3) a condominium-type storage unit having an individual property identification number​
9191 3.27that is not used for a commercial purpose.​
9292 3.28 Class 4bb property has the same classification rates as class 1a property under subdivision​
9393 3.2922.​
9494 3​Sec. 2.​
9595 REVISOR EAP/HL 25-00672​11/21/24 ​ 4.1 Property that has been classified as seasonal residential recreational property at any time​
9696 4.2during which it has been owned by the current owner or spouse of the current owner does​
9797 4.3not qualify for class 4bb.​
9898 4.4 (d) Class 4c property includes:​
9999 4.5 (1) except as provided in subdivision 22, paragraph (c), real and personal property​
100100 4.6devoted to commercial temporary and seasonal residential occupancy for recreation purposes,​
101101 4.7for not more than 250 days in the year preceding the year of assessment. For purposes of​
102102 4.8this clause, property is devoted to a commercial purpose on a specific day if any portion of​
103103 4.9the property is used for residential occupancy, and a fee is charged for residential occupancy.​
104104 4.10Class 4c property under this clause must contain three or more rental units. A "rental unit"​
105105 4.11is defined as a cabin, condominium, townhouse, sleeping room, or individual camping site​
106106 4.12equipped with water and electrical hookups for recreational vehicles. A camping pad offered​
107107 4.13for rent by a property that otherwise qualifies for class 4c under this clause is also class 4c​
108108 4.14under this clause regardless of the term of the rental agreement, as long as the use of the​
109109 4.15camping pad does not exceed 250 days. In order for a property to be classified under this​
110110 4.16clause, either (i) the business located on the property must provide recreational activities,​
111111 4.17at least 40 percent of the annual gross lodging receipts related to the property must be from​
112112 4.18business conducted during 90 consecutive days, and either (A) at least 60 percent of all paid​
113113 4.19bookings by lodging guests during the year must be for periods of at least two consecutive​
114114 4.20nights; or (B) at least 20 percent of the annual gross receipts must be from charges for​
115115 4.21providing recreational activities, or (ii) the business must contain 20 or fewer rental units,​
116116 4.22and must be located in a township or a city with a population of 2,500 or less located outside​
117117 4.23the metropolitan area, as defined under section 473.121, subdivision 2, that contains a portion​
118118 4.24of a state trail administered by the Department of Natural Resources. For purposes of item​
119119 4.25(i)(A), a paid booking of five or more nights shall be counted as two bookings. Class 4c​
120120 4.26property also includes commercial use real property used exclusively for recreational​
121121 4.27purposes in conjunction with other class 4c property classified under this clause and devoted​
122122 4.28to temporary and seasonal residential occupancy for recreational purposes, up to a total of​
123123 4.29two acres, provided the property is not devoted to commercial recreational use for more​
124124 4.30than 250 days in the year preceding the year of assessment and is located within two miles​
125125 4.31of the class 4c property with which it is used. In order for a property to qualify for​
126126 4.32classification under this clause, the owner must submit a declaration to the assessor​
127127 4.33designating the cabins or units occupied for 250 days or less in the year preceding the year​
128128 4.34of assessment by January 15 of the assessment year. Those cabins or units and a proportionate​
129129 4.35share of the land on which they are located must be designated class 4c under this clause​
130130 4​Sec. 2.​
131131 REVISOR EAP/HL 25-00672​11/21/24 ​ 5.1as otherwise provided. The remainder of the cabins or units and a proportionate share of​
132132 5.2the land on which they are located will be designated as class 3a. The owner of property​
133133 5.3desiring designation as class 4c property under this clause must provide guest registers or​
134134 5.4other records demonstrating that the units for which class 4c designation is sought were not​
135135 5.5occupied for more than 250 days in the year preceding the assessment if so requested. The​
136136 5.6portion of a property operated as a (1) restaurant, (2) bar, (3) gift shop, (4) conference center​
137137 5.7or meeting room, and (5) other nonresidential facility operated on a commercial basis not​
138138 5.8directly related to temporary and seasonal residential occupancy for recreation purposes​
139139 5.9does not qualify for class 4c. For the purposes of this paragraph, "recreational activities"​
140140 5.10means renting ice fishing houses, boats and motors, snowmobiles, downhill or cross-country​
141141 5.11ski equipment; providing marina services, launch services, or guide services; or selling bait​
142142 5.12and fishing tackle;​
143143 5.13 (2) qualified property used as a golf course if:​
144144 5.14 (i) it is open to the public on a daily fee basis. It may charge membership fees or dues,​
145145 5.15but a membership fee may not be required in order to use the property for golfing, and its​
146146 5.16green fees for golfing must be comparable to green fees typically charged by municipal​
147147 5.17courses; and​
148148 5.18 (ii) it meets the requirements of section 273.112, subdivision 3, paragraph (d).​
149149 5.19 A structure used as a clubhouse, restaurant, or place of refreshment in conjunction with​
150150 5.20the golf course is classified as class 3a property;​
151151 5.21 (3) real property up to a maximum of three acres of land owned and used by a nonprofit​
152152 5.22community service oriented organization and not used for residential purposes on either a​
153153 5.23temporary or permanent basis, provided that:​
154154 5.24 (i) the property is not used for a revenue-producing activity for more than six days in​
155155 5.25the calendar year preceding the year of assessment; or​
156156 5.26 (ii) the organization makes annual charitable contributions and donations at least equal​
157157 5.27to the property's previous year's property taxes and the property is allowed to be used for​
158158 5.28public and community meetings or events for no charge, as appropriate to the size of the​
159159 5.29facility.​
160160 5.30 For purposes of this clause:​
161161 5.31 (A) "charitable contributions and donations" has the same meaning as lawful gambling​
162162 5.32purposes under section 349.12, subdivision 25, excluding those purposes relating to the​
163163 5.33payment of taxes, assessments, fees, auditing costs, and utility payments;​
164164 5​Sec. 2.​
165165 REVISOR EAP/HL 25-00672​11/21/24 ​ 6.1 (B) "property taxes" excludes the state general tax;​
166166 6.2 (C) a "nonprofit community service oriented organization" means any corporation,​
167167 6.3society, association, foundation, or institution organized and operated exclusively for​
168168 6.4charitable, religious, fraternal, civic, or educational purposes, and which is exempt from​
169169 6.5federal income taxation pursuant to section 501(c)(3), (8), (10), or (19) of the Internal​
170170 6.6Revenue Code; and​
171171 6.7 (D) "revenue-producing activities" shall include but not be limited to property or that​
172172 6.8portion of the property that is used as an on-sale intoxicating liquor or 3.2 percent malt​
173173 6.9liquor establishment licensed under chapter 340A, a restaurant open to the public, bowling​
174174 6.10alley, a retail store, gambling conducted by organizations licensed under chapter 349, an​
175175 6.11insurance business, or office or other space leased or rented to a lessee who conducts a​
176176 6.12for-profit enterprise on the premises.​
177177 6.13 Any portion of the property not qualifying under either item (i) or (ii) is class 3a. The​
178178 6.14use of the property for social events open exclusively to members and their guests for periods​
179179 6.15of less than 24 hours, when an admission is not charged nor any revenues are received by​
180180 6.16the organization shall not be considered a revenue-producing activity.​
181181 6.17 The organization shall maintain records of its charitable contributions and donations​
182182 6.18and of public meetings and events held on the property and make them available upon​
183183 6.19request any time to the assessor to ensure eligibility. An organization meeting the requirement​
184184 6.20under item (ii) must file an application by May 1 with the assessor for eligibility for the​
185185 6.21current year's assessment. The commissioner shall prescribe a uniform application form​
186186 6.22and instructions;​
187187 6.23 (4) postsecondary student housing of not more than one acre of land that is owned by a​
188188 6.24nonprofit corporation organized under chapter 317A and is used exclusively by a student​
189189 6.25cooperative, sorority, or fraternity for on-campus housing or housing located within two​
190190 6.26miles of the border of a college campus;​
191191 6.27 (5)(i) manufactured home parks as defined in section 327.14, subdivision 3, excluding​
192192 6.28manufactured home parks described in items (ii) and (iii), (ii) manufactured home parks as​
193193 6.29defined in section 327.14, subdivision 3, that are described in section 273.124, subdivision​
194194 6.303a, and (iii) class I manufactured home parks as defined in section 327C.015, subdivision​
195195 6.312;​
196196 6.32 (6) real property that is actively and exclusively devoted to indoor fitness, health, social,​
197197 6.33recreational, and related uses, is owned and operated by a not-for-profit corporation, and is​
198198 6.34located within the metropolitan area as defined in section 473.121, subdivision 2;​
199199 6​Sec. 2.​
200200 REVISOR EAP/HL 25-00672​11/21/24 ​ 7.1 (7) a leased or privately owned noncommercial aircraft storage hangar not exempt under​
201201 7.2section 272.01, subdivision 2, and the land on which it is located, provided that:​
202202 7.3 (i) the land is on an airport owned or operated by a city, town, county, Metropolitan​
203203 7.4Airports Commission, or group thereof; and​
204204 7.5 (ii) the land lease, or any ordinance or signed agreement restricting the use of the leased​
205205 7.6premise, prohibits commercial activity performed at the hangar.​
206206 7.7 If a hangar classified under this clause is sold after June 30, 2000, a bill of sale must be​
207207 7.8filed by the new owner with the assessor of the county where the property is located within​
208208 7.960 days of the sale;​
209209 7.10 (8) a privately owned noncommercial aircraft storage hangar not exempt under section​
210210 7.11272.01, subdivision 2, and the land on which it is located, provided that:​
211211 7.12 (i) the land abuts a public airport; and​
212212 7.13 (ii) the owner of the aircraft storage hangar provides the assessor with a signed agreement​
213213 7.14restricting the use of the premises, prohibiting commercial use or activity performed at the​
214214 7.15hangar; and​
215215 7.16 (9) residential real estate, a portion of which is used by the owner for homestead purposes,​
216216 7.17and that is also a place of lodging, if all of the following criteria are met:​
217217 7.18 (i) rooms are provided for rent to transient guests that generally stay for periods of 14​
218218 7.19or fewer days;​
219219 7.20 (ii) meals are provided to persons who rent rooms, the cost of which is incorporated in​
220220 7.21the basic room rate;​
221221 7.22 (iii) meals are not provided to the general public except for special events on fewer than​
222222 7.23seven days in the calendar year preceding the year of the assessment; and​
223223 7.24 (iv) the owner is the operator of the property.​
224224 7.25 The market value subject to the 4c classification under this clause is limited to five rental​
225225 7.26units. Any rental units on the property in excess of five, must be valued and assessed as​
226226 7.27class 3a. The portion of the property used for purposes of a homestead by the owner must​
227227 7.28be classified as class 1a property under subdivision 22;​
228228 7.29 (10) real property up to a maximum of three acres and operated as a restaurant as defined​
229229 7.30under section 157.15, subdivision 12, provided it: (i) is located on a lake as defined under​
230230 7.31section 103G.005, subdivision 15, paragraph (a), clause (3); and (ii) is either devoted to​
231231 7.32commercial purposes for not more than 250 consecutive days, or receives at least 60 percent​
232232 7​Sec. 2.​
233233 REVISOR EAP/HL 25-00672​11/21/24 ​ 8.1of its annual gross receipts from business conducted during four consecutive months. Gross​
234234 8.2receipts from the sale of alcoholic beverages must be included in determining the property's​
235235 8.3qualification under item (ii). The property's primary business must be as a restaurant and​
236236 8.4not as a bar. Gross receipts from gift shop sales located on the premises must be excluded.​
237237 8.5Owners of real property desiring 4c classification under this clause must submit an annual​
238238 8.6declaration to the assessor by February 1 of the current assessment year, based on the​
239239 8.7property's relevant information for the preceding assessment year;​
240240 8.8 (11) lakeshore and riparian property and adjacent land, not to exceed six acres, used as​
241241 8.9a marina, as defined in section 86A.20, subdivision 5, which is made accessible to the public​
242242 8.10and devoted to recreational use for marina services. The marina owner must annually provide​
243243 8.11evidence to the assessor that it provides services, including lake or river access to the public​
244244 8.12by means of an access ramp or other facility that is either located on the property of the​
245245 8.13marina or at a publicly owned site that abuts the property of the marina. No more than 800​
246246 8.14feet of lakeshore may be included in this classification. Buildings used in conjunction with​
247247 8.15a marina for marina services, including but not limited to buildings used to provide food​
248248 8.16and beverage services, fuel, boat repairs, or the sale of bait or fishing tackle, are classified​
249249 8.17as class 3a property; and​
250250 8.18 (12) real and personal property devoted to noncommercial temporary and seasonal​
251251 8.19residential occupancy for recreation purposes.​
252252 8.20 Class 4c property has a classification rate of 1.5 percent of market value, except that (i)​
253253 8.21each parcel of noncommercial seasonal residential recreational property under clause (12)​
254254 8.22has the same classification rates as class 4bb property, (ii) manufactured home parks assessed​
255255 8.23under clause (5), item (i), have the same classification rate as class 4b property, the market​
256256 8.24value of manufactured home parks assessed under clause (5), item (ii), have a classification​
257257 8.25rate of 0.75 percent if more than 50 percent of the lots in the park are occupied by​
258258 8.26shareholders in the cooperative corporation or association and a classification rate of one​
259259 8.27percent if 50 percent or less of the lots are so occupied, and class I manufactured home​
260260 8.28parks as defined in section 327C.015, subdivision 2, have a classification rate of 1.0 percent,​
261261 8.29(iii) commercial-use seasonal residential recreational property and marina recreational land​
262262 8.30as described in clause (11), has a classification rate of one percent for the first $500,000 of​
263263 8.31market value, and 1.25 percent for the remaining market value, (iv) the market value of​
264264 8.32property described in clause (4) has a classification rate of one percent, (v) the market value​
265265 8.33of property described in clauses (2), (6), and (10) has a classification rate of 1.25 percent,​
266266 8.34and (vi) that portion of the market value of property in clause (9) qualifying for class 4c​
267267 8.35property has a classification rate of 1.25 percent, and (vii) property qualifying for​
268268 8​Sec. 2.​
269269 REVISOR EAP/HL 25-00672​11/21/24 ​ 9.1classification under clause (3) that is owned or operated by a congressionally chartered​
270270 9.2veterans organization has a classification rate of one percent. The commissioner of veterans​
271271 9.3affairs must provide a list of congressionally chartered veterans organizations to the​
272272 9.4commissioner of revenue by June 30, 2017, and by January 1, 2018, and each year thereafter.​
273273 9.5 (e) Class 4d property includes:​
274274 9.6 (1) qualifying low-income rental housing certified to the assessor by the Housing Finance​
275275 9.7Agency under section 273.128, subdivision 3. If only a portion of the units in the building​
276276 9.8qualify as low-income rental housing units as certified under section 273.128, subdivision​
277277 9.93, only the proportion of qualifying units to the total number of units in the building qualify​
278278 9.10for class 4d(1). The remaining portion of the building shall be classified by the assessor​
279279 9.11based upon its use. Class 4d(1) also includes the same proportion of land as the qualifying​
280280 9.12low-income rental housing units are to the total units in the building. For all properties​
281281 9.13qualifying as class 4d(1), the market value determined by the assessor must be based on the​
282282 9.14normal approach to value using normal unrestricted rents; and​
283283 9.15 (2) a unit that is owned by the occupant and used as a homestead by the occupant, and​
284284 9.16otherwise meets all the requirements for community land trust property under section 273.11,​
285285 9.17subdivision 12, provided that by December 31 of each assessment year, the community land​
286286 9.18trust certifies to the assessor that (i) the community land trust owns the real property on​
287287 9.19which the unit is located, and (ii) the unit owner is a member in good standing of the​
288288 9.20community land trust. For all units qualifying as class 4d(2), the market value determined​
289289 9.21by the assessor must be based on the normal approach to value without regard to any​
290290 9.22restrictions that apply because the unit is a community land trust property.​
291291 9.23 (f) Class 4d(1) property has a classification rate of 0.25 percent. Class 4d(2) property​
292292 9.24has a classification rate of 0.75 percent.​
293293 9.25 EFFECTIVE DATE.This section is effective beginning with property taxes payable​
294294 9.26in 2026.​
295295 9​Sec. 2.​
296296 REVISOR EAP/HL 25-00672​11/21/24 ​