1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to taxation; tax increment financing; clarifying use of unobligated |
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3 | 3 | | 1.3 increment; extending expiration; amending Minnesota Statutes 2024, section |
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4 | 4 | | 1.4 469.176, subdivision 4n. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 469.176, subdivision 4n, is amended to read: |
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7 | 7 | | 1.7 Subd. 4n.Temporary use of increment authorized.(a) Notwithstanding any other |
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8 | 8 | | 1.8provision of this section or any other law to the contrary, except the requirements to pay |
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9 | 9 | | 1.9bonds to which increments are pledged, the authority may elect, by resolution, to transfer |
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10 | 10 | | 1.10unobligated increment for one or more of the following purposes: |
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11 | 11 | | 1.11 (1) to provide improvements, loans, interest rate subsidies, or assistance in any form to |
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12 | 12 | | 1.12private development consisting of the construction or substantial rehabilitation of buildings |
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13 | 13 | | 1.13and ancillary facilities, if doing so will create or retain jobs in the state, including construction |
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14 | 14 | | 1.14jobs, and the construction commences before December 31, 2025, and would not have |
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15 | 15 | | 1.15commenced before that date without the assistance; or |
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16 | 16 | | 1.16 (2) to make an equity or similar investment in a corporation, partnership, or limited |
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17 | 17 | | 1.17liability company that the authority determines is necessary to make construction of a |
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18 | 18 | | 1.18development that meets the requirement of clause (1) financially feasible. |
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19 | 19 | | 1.19 (b) For each calendar year for which transfers are permitted under this subdivision, the |
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20 | 20 | | 1.20maximum transfer equals the excess of the district's unobligated increment which includes |
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21 | 21 | | 1.21any increment not required for payments of obligations due during six months following |
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22 | 22 | | 1.22the transfer on outstanding bonds, binding contracts, and other outstanding financial |
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23 | 23 | | 1.23obligations of the district to which the district's increment is pledged. |
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24 | 24 | | 1Section 1. |
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25 | 25 | | REVISOR MS/KR 25-0407602/19/25 |
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26 | 26 | | State of Minnesota |
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27 | 27 | | This Document can be made available |
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28 | 28 | | in alternative formats upon request |
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29 | 29 | | HOUSE OF REPRESENTATIVES |
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30 | 30 | | H. F. No. 2006 |
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31 | 31 | | NINETY-FOURTH SESSION |
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32 | 32 | | Authored by Joy, Davids, Elkins, Norris and Huot03/06/2025 |
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33 | 33 | | The bill was read for the first time and referred to the Committee on Taxes 2.1 (c) The authority may transfer increments permitted under this subdivision after creating |
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34 | 34 | | 2.2a written spending plan that authorizes the authority to take the action described in paragraph |
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35 | 35 | | 2.3(a) and details the use of transferred increment, including the use of interest earned on |
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36 | 36 | | 2.4transferred increment. Additionally, the municipality must approve the authority's spending |
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37 | 37 | | 2.5plan after holding a public hearing. The municipality must publish notice of the hearing in |
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38 | 38 | | 2.6a newspaper of general circulation in the municipality and on the municipality's public |
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39 | 39 | | 2.7website at least ten days, but not more than 30 days, prior to the date of the hearing. Prior |
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40 | 40 | | 2.8to December 31, 2025, the municipality may amend a written spending plan to extend the |
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41 | 41 | | 2.9date by which transferred increment may be used, and to authorize use of interest earned |
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42 | 42 | | 2.10on transferred increment, after holding a public hearing as required in this section. A signed |
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43 | 43 | | 2.11and approved copy of the amended plan must be filed with the state auditor. Interest earned |
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44 | 44 | | 2.12on transferred increment may be treated the same as transferred increment regardless of |
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45 | 45 | | 2.13whether a municipality amends a spending plan. |
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46 | 46 | | 2.14 (d) Increment that is improperly retained, received, spent, or transferred is not eligible |
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47 | 47 | | 2.15for transfer under this subdivision. |
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48 | 48 | | 2.16 (e) An authority making a transfer under this subdivision must provide to the Office of |
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49 | 49 | | 2.17the State Auditor a copy of the spending plan approved and signed by the municipality. |
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50 | 50 | | 2.18 (f) The authority to transfer increments under this subdivision expires on December 31, |
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51 | 51 | | 2.192022. All transferred increments must be spent, loaned, invested, or otherwise irrevocably |
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52 | 52 | | 2.20committed by December 31, 2025 2027. Increment not spent, loaned, invested, or otherwise |
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53 | 53 | | 2.21irrevocably committed by December 31, 2025 2027, must be returned to the district. If the |
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54 | 54 | | 2.22district has already been decertified, the increment shall be treated as excess increment and |
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55 | 55 | | 2.23distributed as provided in subdivision 2, paragraph (c), clause (4). |
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56 | 56 | | 2.24 EFFECTIVE DATE.This section is effective the day following final enactment. |
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57 | 57 | | 2Section 1. |
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58 | 58 | | REVISOR MS/KR 25-0407602/19/25 |
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