1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to taxation; property; establishing a property tax exemption for certain |
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3 | 3 | | 1.3 property owned and operated by a congressionally chartered veterans service |
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4 | 4 | | 1.4 organization; amending Minnesota Statutes 2024, sections 272.02, by adding a |
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5 | 5 | | 1.5 subdivision; 273.13, subdivision 25. |
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6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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7 | 7 | | 1.7 Section 1. Minnesota Statutes 2024, section 272.02, is amended by adding a subdivision |
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8 | 8 | | 1.8to read: |
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9 | 9 | | 1.9 Subd. 106.Congressionally chartered veterans service organizations.Property |
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10 | 10 | | 1.10qualifying for classification under section 273.13, subdivision 25, paragraph (d), clause (3), |
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11 | 11 | | 1.11that is owned and operated by a congressionally chartered veterans service organization is |
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12 | 12 | | 1.12exempt. The commissioner of veterans affairs must annually provide a list of congressionally |
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13 | 13 | | 1.13chartered veterans service organizations to the commissioner of revenue by January 1. |
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14 | 14 | | 1.14 EFFECTIVE DATE.This section is effective beginning with assessment year 2025. |
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15 | 15 | | 1.15 Sec. 2. Minnesota Statutes 2024, section 273.13, subdivision 25, is amended to read: |
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16 | 16 | | 1.16 Subd. 25.Class 4.(a) Class 4a is residential real estate containing four or more units |
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17 | 17 | | 1.17and used or held for use by the owner or by the tenants or lessees of the owner as a residence |
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18 | 18 | | 1.18for rental periods of 30 days or more, excluding property qualifying for class 4d. Class 4a |
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19 | 19 | | 1.19also includes hospitals licensed under sections 144.50 to 144.56, other than hospitals exempt |
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20 | 20 | | 1.20under section 272.02, and contiguous property used for hospital purposes, without regard |
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21 | 21 | | 1.21to whether the property has been platted or subdivided. The market value of class 4a property |
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22 | 22 | | 1.22has a classification rate of 1.25 percent. |
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23 | 23 | | 1Sec. 2. |
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24 | 24 | | REVISOR MS/DG 25-0132112/19/24 |
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25 | 25 | | State of Minnesota |
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26 | 26 | | This Document can be made available |
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27 | 27 | | in alternative formats upon request |
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28 | 28 | | HOUSE OF REPRESENTATIVES |
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29 | 29 | | H. F. No. 2512 |
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30 | 30 | | NINETY-FOURTH SESSION |
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31 | 31 | | Authored by McDonald, Niska, Davids and Anderson, P. H.,03/17/2025 |
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32 | 32 | | The bill was read for the first time and referred to the Committee on Taxes 2.1 (b) Class 4b includes: |
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33 | 33 | | 2.2 (1) residential real estate containing less than four units, including property rented as a |
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34 | 34 | | 2.3short-term rental property for more than 14 days in the preceding year, that does not qualify |
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35 | 35 | | 2.4as class 4bb, other than seasonal residential recreational property; |
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36 | 36 | | 2.5 (2) manufactured homes not classified under any other provision; |
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37 | 37 | | 2.6 (3) a dwelling, garage, and surrounding one acre of property on a nonhomestead farm |
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38 | 38 | | 2.7classified under subdivision 23, paragraph (b) containing two or three units; and |
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39 | 39 | | 2.8 (4) unimproved property that is classified residential as determined under subdivision |
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40 | 40 | | 2.933. |
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41 | 41 | | 2.10 For the purposes of this paragraph, "short-term rental property" means nonhomestead |
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42 | 42 | | 2.11residential real estate rented for periods of less than 30 consecutive days. |
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43 | 43 | | 2.12 The market value of class 4b property has a classification rate of 1.25 percent. |
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44 | 44 | | 2.13 (c) Class 4bb includes: |
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45 | 45 | | 2.14 (1) nonhomestead residential real estate containing one unit, other than seasonal |
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46 | 46 | | 2.15residential recreational property; |
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47 | 47 | | 2.16 (2) a single family dwelling, garage, and surrounding one acre of property on a |
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48 | 48 | | 2.17nonhomestead farm classified under subdivision 23, paragraph (b); and |
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49 | 49 | | 2.18 (3) a condominium-type storage unit having an individual property identification number |
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50 | 50 | | 2.19that is not used for a commercial purpose. |
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51 | 51 | | 2.20 Class 4bb property has the same classification rates as class 1a property under subdivision |
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52 | 52 | | 2.2122. |
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53 | 53 | | 2.22 Property that has been classified as seasonal residential recreational property at any time |
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54 | 54 | | 2.23during which it has been owned by the current owner or spouse of the current owner does |
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55 | 55 | | 2.24not qualify for class 4bb. |
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56 | 56 | | 2.25 (d) Class 4c property includes: |
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57 | 57 | | 2.26 (1) except as provided in subdivision 22, paragraph (c), real and personal property |
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58 | 58 | | 2.27devoted to commercial temporary and seasonal residential occupancy for recreation purposes, |
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59 | 59 | | 2.28for not more than 250 days in the year preceding the year of assessment. For purposes of |
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60 | 60 | | 2.29this clause, property is devoted to a commercial purpose on a specific day if any portion of |
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61 | 61 | | 2.30the property is used for residential occupancy, and a fee is charged for residential occupancy. |
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62 | 62 | | 2.31Class 4c property under this clause must contain three or more rental units. A "rental unit" |
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63 | 63 | | 2Sec. 2. |
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64 | 64 | | REVISOR MS/DG 25-0132112/19/24 3.1is defined as a cabin, condominium, townhouse, sleeping room, or individual camping site |
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65 | 65 | | 3.2equipped with water and electrical hookups for recreational vehicles. A camping pad offered |
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66 | 66 | | 3.3for rent by a property that otherwise qualifies for class 4c under this clause is also class 4c |
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67 | 67 | | 3.4under this clause regardless of the term of the rental agreement, as long as the use of the |
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68 | 68 | | 3.5camping pad does not exceed 250 days. In order for a property to be classified under this |
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69 | 69 | | 3.6clause, either (i) the business located on the property must provide recreational activities, |
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70 | 70 | | 3.7at least 40 percent of the annual gross lodging receipts related to the property must be from |
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71 | 71 | | 3.8business conducted during 90 consecutive days, and either (A) at least 60 percent of all paid |
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72 | 72 | | 3.9bookings by lodging guests during the year must be for periods of at least two consecutive |
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73 | 73 | | 3.10nights; or (B) at least 20 percent of the annual gross receipts must be from charges for |
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74 | 74 | | 3.11providing recreational activities, or (ii) the business must contain 20 or fewer rental units, |
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75 | 75 | | 3.12and must be located in a township or a city with a population of 2,500 or less located outside |
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76 | 76 | | 3.13the metropolitan area, as defined under section 473.121, subdivision 2, that contains a portion |
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77 | 77 | | 3.14of a state trail administered by the Department of Natural Resources. For purposes of item |
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78 | 78 | | 3.15(i)(A), a paid booking of five or more nights shall be counted as two bookings. Class 4c |
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79 | 79 | | 3.16property also includes commercial use real property used exclusively for recreational |
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80 | 80 | | 3.17purposes in conjunction with other class 4c property classified under this clause and devoted |
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81 | 81 | | 3.18to temporary and seasonal residential occupancy for recreational purposes, up to a total of |
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82 | 82 | | 3.19two acres, provided the property is not devoted to commercial recreational use for more |
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83 | 83 | | 3.20than 250 days in the year preceding the year of assessment and is located within two miles |
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84 | 84 | | 3.21of the class 4c property with which it is used. In order for a property to qualify for |
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85 | 85 | | 3.22classification under this clause, the owner must submit a declaration to the assessor |
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86 | 86 | | 3.23designating the cabins or units occupied for 250 days or less in the year preceding the year |
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87 | 87 | | 3.24of assessment by January 15 of the assessment year. Those cabins or units and a proportionate |
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88 | 88 | | 3.25share of the land on which they are located must be designated class 4c under this clause |
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89 | 89 | | 3.26as otherwise provided. The remainder of the cabins or units and a proportionate share of |
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90 | 90 | | 3.27the land on which they are located will be designated as class 3a. The owner of property |
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91 | 91 | | 3.28desiring designation as class 4c property under this clause must provide guest registers or |
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92 | 92 | | 3.29other records demonstrating that the units for which class 4c designation is sought were not |
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93 | 93 | | 3.30occupied for more than 250 days in the year preceding the assessment if so requested. The |
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94 | 94 | | 3.31portion of a property operated as a (1) restaurant, (2) bar, (3) gift shop, (4) conference center |
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95 | 95 | | 3.32or meeting room, and (5) other nonresidential facility operated on a commercial basis not |
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96 | 96 | | 3.33directly related to temporary and seasonal residential occupancy for recreation purposes |
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97 | 97 | | 3.34does not qualify for class 4c. For the purposes of this paragraph, "recreational activities" |
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98 | 98 | | 3.35means renting ice fishing houses, boats and motors, snowmobiles, downhill or cross-country |
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99 | 99 | | 3Sec. 2. |
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100 | 100 | | REVISOR MS/DG 25-0132112/19/24 4.1ski equipment; providing marina services, launch services, or guide services; or selling bait |
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101 | 101 | | 4.2and fishing tackle; |
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102 | 102 | | 4.3 (2) qualified property used as a golf course if: |
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103 | 103 | | 4.4 (i) it is open to the public on a daily fee basis. It may charge membership fees or dues, |
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104 | 104 | | 4.5but a membership fee may not be required in order to use the property for golfing, and its |
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105 | 105 | | 4.6green fees for golfing must be comparable to green fees typically charged by municipal |
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106 | 106 | | 4.7courses; and |
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107 | 107 | | 4.8 (ii) it meets the requirements of section 273.112, subdivision 3, paragraph (d). |
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108 | 108 | | 4.9 A structure used as a clubhouse, restaurant, or place of refreshment in conjunction with |
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109 | 109 | | 4.10the golf course is classified as class 3a property; |
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110 | 110 | | 4.11 (3) real property up to a maximum of three acres of land owned and used by a nonprofit |
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111 | 111 | | 4.12community service oriented organization and not used for residential purposes on either a |
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112 | 112 | | 4.13temporary or permanent basis, provided that: |
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113 | 113 | | 4.14 (i) the property is not used for a revenue-producing activity for more than six days in |
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114 | 114 | | 4.15the calendar year preceding the year of assessment; or |
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115 | 115 | | 4.16 (ii) the organization makes annual charitable contributions and donations at least equal |
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116 | 116 | | 4.17to the property's previous year's property taxes and the property is allowed to be used for |
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117 | 117 | | 4.18public and community meetings or events for no charge, as appropriate to the size of the |
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118 | 118 | | 4.19facility. |
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119 | 119 | | 4.20 For purposes of this clause: |
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120 | 120 | | 4.21 (A) "charitable contributions and donations" has the same meaning as lawful gambling |
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121 | 121 | | 4.22purposes under section 349.12, subdivision 25, excluding those purposes relating to the |
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122 | 122 | | 4.23payment of taxes, assessments, fees, auditing costs, and utility payments; |
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123 | 123 | | 4.24 (B) "property taxes" excludes the state general tax; |
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124 | 124 | | 4.25 (C) a "nonprofit community service oriented organization" means any corporation, |
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125 | 125 | | 4.26society, association, foundation, or institution organized and operated exclusively for |
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126 | 126 | | 4.27charitable, religious, fraternal, civic, or educational purposes, and which is exempt from |
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127 | 127 | | 4.28federal income taxation pursuant to section 501(c)(3), (8), (10), or (19) of the Internal |
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128 | 128 | | 4.29Revenue Code; and |
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129 | 129 | | 4.30 (D) "revenue-producing activities" shall include but not be limited to property or that |
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130 | 130 | | 4.31portion of the property that is used as an on-sale intoxicating liquor or 3.2 percent malt |
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131 | 131 | | 4.32liquor establishment licensed under chapter 340A, a restaurant open to the public, bowling |
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132 | 132 | | 4Sec. 2. |
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133 | 133 | | REVISOR MS/DG 25-0132112/19/24 5.1alley, a retail store, gambling conducted by organizations licensed under chapter 349, an |
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134 | 134 | | 5.2insurance business, or office or other space leased or rented to a lessee who conducts a |
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135 | 135 | | 5.3for-profit enterprise on the premises. |
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136 | 136 | | 5.4 Any portion of the property not qualifying under either item (i) or (ii) is class 3a. The |
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137 | 137 | | 5.5use of the property for social events open exclusively to members and their guests for periods |
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138 | 138 | | 5.6of less than 24 hours, when an admission is not charged nor any revenues are received by |
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139 | 139 | | 5.7the organization shall not be considered a revenue-producing activity. |
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140 | 140 | | 5.8 The organization shall maintain records of its charitable contributions and donations |
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141 | 141 | | 5.9and of public meetings and events held on the property and make them available upon |
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142 | 142 | | 5.10request any time to the assessor to ensure eligibility. An organization meeting the requirement |
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143 | 143 | | 5.11under item (ii) must file an application by May 1 with the assessor for eligibility for the |
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144 | 144 | | 5.12current year's assessment. The commissioner shall prescribe a uniform application form |
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145 | 145 | | 5.13and instructions; |
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146 | 146 | | 5.14 (4) postsecondary student housing of not more than one acre of land that is owned by a |
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147 | 147 | | 5.15nonprofit corporation organized under chapter 317A and is used exclusively by a student |
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148 | 148 | | 5.16cooperative, sorority, or fraternity for on-campus housing or housing located within two |
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149 | 149 | | 5.17miles of the border of a college campus; |
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150 | 150 | | 5.18 (5)(i) manufactured home parks as defined in section 327.14, subdivision 3, excluding |
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151 | 151 | | 5.19manufactured home parks described in items (ii) and (iii), (ii) manufactured home parks as |
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152 | 152 | | 5.20defined in section 327.14, subdivision 3, that are described in section 273.124, subdivision |
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153 | 153 | | 5.213a, and (iii) class I manufactured home parks as defined in section 327C.015, subdivision |
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154 | 154 | | 5.222; |
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155 | 155 | | 5.23 (6) real property that is actively and exclusively devoted to indoor fitness, health, social, |
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156 | 156 | | 5.24recreational, and related uses, is owned and operated by a not-for-profit corporation, and is |
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157 | 157 | | 5.25located within the metropolitan area as defined in section 473.121, subdivision 2; |
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158 | 158 | | 5.26 (7) a leased or privately owned noncommercial aircraft storage hangar not exempt under |
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159 | 159 | | 5.27section 272.01, subdivision 2, and the land on which it is located, provided that: |
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160 | 160 | | 5.28 (i) the land is on an airport owned or operated by a city, town, county, Metropolitan |
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161 | 161 | | 5.29Airports Commission, or group thereof; and |
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162 | 162 | | 5.30 (ii) the land lease, or any ordinance or signed agreement restricting the use of the leased |
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163 | 163 | | 5.31premise, prohibits commercial activity performed at the hangar. |
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164 | 164 | | 5Sec. 2. |
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165 | 165 | | REVISOR MS/DG 25-0132112/19/24 6.1 If a hangar classified under this clause is sold after June 30, 2000, a bill of sale must be |
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166 | 166 | | 6.2filed by the new owner with the assessor of the county where the property is located within |
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167 | 167 | | 6.360 days of the sale; |
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168 | 168 | | 6.4 (8) a privately owned noncommercial aircraft storage hangar not exempt under section |
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169 | 169 | | 6.5272.01, subdivision 2, and the land on which it is located, provided that: |
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170 | 170 | | 6.6 (i) the land abuts a public airport; and |
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171 | 171 | | 6.7 (ii) the owner of the aircraft storage hangar provides the assessor with a signed agreement |
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172 | 172 | | 6.8restricting the use of the premises, prohibiting commercial use or activity performed at the |
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173 | 173 | | 6.9hangar; and |
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174 | 174 | | 6.10 (9) residential real estate, a portion of which is used by the owner for homestead purposes, |
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175 | 175 | | 6.11and that is also a place of lodging, if all of the following criteria are met: |
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176 | 176 | | 6.12 (i) rooms are provided for rent to transient guests that generally stay for periods of 14 |
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177 | 177 | | 6.13or fewer days; |
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178 | 178 | | 6.14 (ii) meals are provided to persons who rent rooms, the cost of which is incorporated in |
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179 | 179 | | 6.15the basic room rate; |
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180 | 180 | | 6.16 (iii) meals are not provided to the general public except for special events on fewer than |
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181 | 181 | | 6.17seven days in the calendar year preceding the year of the assessment; and |
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182 | 182 | | 6.18 (iv) the owner is the operator of the property. |
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183 | 183 | | 6.19 The market value subject to the 4c classification under this clause is limited to five rental |
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184 | 184 | | 6.20units. Any rental units on the property in excess of five, must be valued and assessed as |
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185 | 185 | | 6.21class 3a. The portion of the property used for purposes of a homestead by the owner must |
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186 | 186 | | 6.22be classified as class 1a property under subdivision 22; |
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187 | 187 | | 6.23 (10) real property up to a maximum of three acres and operated as a restaurant as defined |
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188 | 188 | | 6.24under section 157.15, subdivision 12, provided it: (i) is located on a lake as defined under |
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189 | 189 | | 6.25section 103G.005, subdivision 15, paragraph (a), clause (3); and (ii) is either devoted to |
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190 | 190 | | 6.26commercial purposes for not more than 250 consecutive days, or receives at least 60 percent |
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191 | 191 | | 6.27of its annual gross receipts from business conducted during four consecutive months. Gross |
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192 | 192 | | 6.28receipts from the sale of alcoholic beverages must be included in determining the property's |
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193 | 193 | | 6.29qualification under item (ii). The property's primary business must be as a restaurant and |
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194 | 194 | | 6.30not as a bar. Gross receipts from gift shop sales located on the premises must be excluded. |
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195 | 195 | | 6.31Owners of real property desiring 4c classification under this clause must submit an annual |
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196 | 196 | | 6.32declaration to the assessor by February 1 of the current assessment year, based on the |
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197 | 197 | | 6.33property's relevant information for the preceding assessment year; |
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198 | 198 | | 6Sec. 2. |
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199 | 199 | | REVISOR MS/DG 25-0132112/19/24 7.1 (11) lakeshore and riparian property and adjacent land, not to exceed six acres, used as |
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200 | 200 | | 7.2a marina, as defined in section 86A.20, subdivision 5, which is made accessible to the public |
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201 | 201 | | 7.3and devoted to recreational use for marina services. The marina owner must annually provide |
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202 | 202 | | 7.4evidence to the assessor that it provides services, including lake or river access to the public |
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203 | 203 | | 7.5by means of an access ramp or other facility that is either located on the property of the |
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204 | 204 | | 7.6marina or at a publicly owned site that abuts the property of the marina. No more than 800 |
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205 | 205 | | 7.7feet of lakeshore may be included in this classification. Buildings used in conjunction with |
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206 | 206 | | 7.8a marina for marina services, including but not limited to buildings used to provide food |
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207 | 207 | | 7.9and beverage services, fuel, boat repairs, or the sale of bait or fishing tackle, are classified |
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208 | 208 | | 7.10as class 3a property; and |
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209 | 209 | | 7.11 (12) real and personal property devoted to noncommercial temporary and seasonal |
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210 | 210 | | 7.12residential occupancy for recreation purposes. |
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211 | 211 | | 7.13 Class 4c property has a classification rate of 1.5 percent of market value, except that: |
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212 | 212 | | 7.14(i) each parcel of noncommercial seasonal residential recreational property under clause |
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213 | 213 | | 7.15(12) has the same classification rates as class 4bb property,; (ii) manufactured home parks |
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214 | 214 | | 7.16assessed under clause (5), item (i), have the same classification rate as class 4b property, |
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215 | 215 | | 7.17the market value of manufactured home parks assessed under clause (5), item (ii), have a |
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216 | 216 | | 7.18classification rate of 0.75 percent if more than 50 percent of the lots in the park are occupied |
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217 | 217 | | 7.19by shareholders in the cooperative corporation or association and a classification rate of |
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218 | 218 | | 7.20one percent if 50 percent or less of the lots are so occupied, and class I manufactured home |
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219 | 219 | | 7.21parks as defined in section 327C.015, subdivision 2, have a classification rate of 1.0 percent,; |
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220 | 220 | | 7.22(iii) commercial-use seasonal residential recreational property and marina recreational land |
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221 | 221 | | 7.23as described in clause (11), has a classification rate of one percent for the first $500,000 of |
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222 | 222 | | 7.24market value, and 1.25 percent for the remaining market value,; (iv) the market value of |
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223 | 223 | | 7.25property described in clause (4) has a classification rate of one percent,; (v) the market value |
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224 | 224 | | 7.26of property described in clauses (2), (6), and (10) has a classification rate of 1.25 percent,; |
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225 | 225 | | 7.27and (vi) that portion of the market value of property in clause (9) qualifying for class 4c |
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226 | 226 | | 7.28property has a classification rate of 1.25 percent, and (vii) property qualifying for |
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227 | 227 | | 7.29classification under clause (3) that is owned or operated by a congressionally chartered |
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228 | 228 | | 7.30veterans organization has a classification rate of one percent. The commissioner of veterans |
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229 | 229 | | 7.31affairs must provide a list of congressionally chartered veterans organizations to the |
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230 | 230 | | 7.32commissioner of revenue by June 30, 2017, and by January 1, 2018, and each year thereafter. |
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231 | 231 | | 7.33 (e) Class 4d property includes: |
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232 | 232 | | 7.34 (1) qualifying low-income rental housing certified to the assessor by the Housing Finance |
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233 | 233 | | 7.35Agency under section 273.128, subdivision 3. If only a portion of the units in the building |
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234 | 234 | | 7Sec. 2. |
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235 | 235 | | REVISOR MS/DG 25-0132112/19/24 8.1qualify as low-income rental housing units as certified under section 273.128, subdivision |
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236 | 236 | | 8.23, only the proportion of qualifying units to the total number of units in the building qualify |
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237 | 237 | | 8.3for class 4d(1). The remaining portion of the building shall be classified by the assessor |
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238 | 238 | | 8.4based upon its use. Class 4d(1) also includes the same proportion of land as the qualifying |
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239 | 239 | | 8.5low-income rental housing units are to the total units in the building. For all properties |
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240 | 240 | | 8.6qualifying as class 4d(1), the market value determined by the assessor must be based on the |
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241 | 241 | | 8.7normal approach to value using normal unrestricted rents; and |
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242 | 242 | | 8.8 (2) a unit that is owned by the occupant and used as a homestead by the occupant, and |
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243 | 243 | | 8.9otherwise meets all the requirements for community land trust property under section 273.11, |
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244 | 244 | | 8.10subdivision 12, provided that by December 31 of each assessment year, the community land |
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245 | 245 | | 8.11trust certifies to the assessor that (i) the community land trust owns the real property on |
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246 | 246 | | 8.12which the unit is located, and (ii) the unit owner is a member in good standing of the |
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247 | 247 | | 8.13community land trust. For all units qualifying as class 4d(2), the market value determined |
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248 | 248 | | 8.14by the assessor must be based on the normal approach to value without regard to any |
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249 | 249 | | 8.15restrictions that apply because the unit is a community land trust property. |
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250 | 250 | | 8.16 (f) Class 4d(1) property has a classification rate of 0.25 percent. Class 4d(2) property |
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251 | 251 | | 8.17has a classification rate of 0.75 percent. |
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252 | 252 | | 8.18 EFFECTIVE DATE.This section is effective beginning with assessment year 2025. |
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253 | 253 | | 8.19 Sec. 3. SPECIAL PROVISION; EXEMPT PROPERTY OWNED BY |
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254 | 254 | | 8.20CONGRESSIONALL Y CHARTERED VETERANS SERVICE ORGANIZATIONS. |
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255 | 255 | | 8.21 For property that qualifies for the exemption under Minnesota Statutes, section 272.02, |
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256 | 256 | | 8.22subdivision 106, for assessment year 2025 only, the following provisions apply: (1) the |
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257 | 257 | | 8.23commissioner of veterans affairs must provide a list of congressionally chartered veterans |
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258 | 258 | | 8.24service organizations to the commissioner of revenue by July 1, 2025; and (2) a |
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259 | 259 | | 8.25congressionally chartered veterans service organization must file an exemption application |
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260 | 260 | | 8.26under this section with the county assessor by August 1, 2025. |
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261 | 261 | | 8.27 EFFECTIVE DATE.This section is effective the day following final enactment. |
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262 | 262 | | 8Sec. 3. |
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263 | 263 | | REVISOR MS/DG 25-0132112/19/24 |
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