4 | | - | 1.4 calculations of income; classifying certain data as public; requiring a report; |
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5 | | - | 1.5 appropriating money; amending Minnesota Statutes 2024, sections 8.31, subdivision |
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6 | | - | 1.6 2c; 16A.151, subdivision 2; 290.0132, by adding a subdivision; 290.0693, |
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7 | | - | 1.7 subdivision 1; 290A.03, subdivision 3; proposing coding for new law in Minnesota |
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8 | | - | 1.8 Statutes, chapter 8. |
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9 | | - | 1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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10 | | - | 1.10 Section 1. Minnesota Statutes 2024, section 8.31, subdivision 2c, is amended to read: |
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11 | | - | 1.11 Subd. 2c.Undistributed money to general fund consumer protection restitution |
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12 | | - | 1.12account.If a court of competent jurisdiction finds that a sum recovered under this section |
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13 | | - | 1.13for the benefit of injured persons cannot reasonably be distributed to the victims, because |
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14 | | - | 1.14the victims cannot readily be located or identified, or because the cost of distributing the |
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15 | | - | 1.15money would outweigh the benefit to the victims, then the court may order that the money |
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16 | | - | 1.16be paid into the general fund. All sums recovered must be deposited into the state treasury |
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17 | | - | 1.17and credited to the general fund or attorney general must deposit the money in the consumer |
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18 | | - | 1.18protection restitution account under section 8.37. Consumer enforcement public compensation |
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19 | | - | 1.19that the attorney general attempts to distribute to an eligible consumer, but that is not |
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20 | | - | 1.20redeemed by the consumer within 120 days, may be redeposited in the account. For purposes |
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21 | | - | 1.21of this subdivision, "consumer enforcement public compensation" and "eligible consumer" |
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22 | | - | 1.22have the meanings given in section 8.37, subdivision 2. |
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| 4 | + | 1.4 calculations of income; requiring a report; appropriating money; amending |
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| 5 | + | 1.5 Minnesota Statutes 2024, sections 8.31, subdivision 2c; 16A.151, subdivision 2; |
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| 6 | + | 1.6 290.0132, by adding a subdivision; 290.0693, subdivision 1; 290A.03, subdivision |
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| 7 | + | 1.7 3; proposing coding for new law in Minnesota Statutes, chapter 8. |
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| 8 | + | 1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 9 | + | 1.9 Section 1. Minnesota Statutes 2024, section 8.31, subdivision 2c, is amended to read: |
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| 10 | + | 1.10 Subd. 2c.Undistributed money to general fund consumer protection restitution |
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| 11 | + | 1.11account.If a court of competent jurisdiction finds that a sum recovered under this section |
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| 12 | + | 1.12for the benefit of injured persons cannot reasonably be distributed to the victims, because |
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| 13 | + | 1.13the victims cannot readily be located or identified, or because the cost of distributing the |
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| 14 | + | 1.14money would outweigh the benefit to the victims, then the court may order that the money |
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| 15 | + | 1.15be paid into the general fund. All sums recovered must be deposited into the state treasury |
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| 16 | + | 1.16and credited to the general fund or attorney general must deposit the money in the consumer |
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| 17 | + | 1.17protection restitution account under section 8.37. Consumer enforcement public compensation |
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| 18 | + | 1.18that the attorney general attempts to distribute to an eligible consumer, but that is not |
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| 19 | + | 1.19redeemed by the consumer within 120 days, may be redeposited in the account. For purposes |
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| 20 | + | 1.20of this subdivision, "consumer enforcement public compensation" and "eligible consumer" |
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| 21 | + | 1.21have the meanings given in section 8.37, subdivision 2. |
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37 | 35 | | 2.2 Subdivision 1.Creation of account.The consumer protection restitution account is |
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38 | 36 | | 2.3established in the special revenue fund. Money in the account is appropriated annually to |
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39 | 37 | | 2.4the attorney general for the purposes provided under subdivision 4. |
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40 | 38 | | 2.5 Subd. 2.Definitions.(a) The definitions in this subdivision apply to this section. |
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41 | 39 | | 2.6 (b) "Account" means the consumer protection restitution account established under this |
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42 | 40 | | 2.7section. |
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43 | 41 | | 2.8 (c) "Account administrator" means a person appointed by the attorney general as an |
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44 | 42 | | 2.9account administrator under this section. |
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45 | 43 | | 2.10 (d) "Consumer enforcement action" means litigation in any forum, or settlement of a |
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46 | 44 | | 2.11matter that could have resulted in litigation, by the attorney general in whole or in part under |
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47 | 45 | | 2.12(1) the authority of the attorney general provided in section 8.31, or (2) other authority |
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48 | 46 | | 2.13granted to the attorney general by law to obtain the remedies provided in section 8.31. |
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49 | 47 | | 2.14 (e) "Consumer enforcement public compensation" means money awarded or recovered |
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50 | 48 | | 2.15in a consumer enforcement action to vindicate public interests by providing restitution or |
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51 | 49 | | 2.16other compensation to persons directly impacted by unlawful acts and practices that are the |
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52 | 50 | | 2.17subject of the consumer enforcement action. |
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53 | 51 | | 2.18 (f) "Court-appointed administrator" means an administrator appointed by a court under |
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54 | 52 | | 2.19section 8.31, subdivision 3c. |
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55 | 53 | | 2.20 (g) "Eligible consumer" means a person who was directly impacted by unlawful acts |
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56 | 54 | | 2.21and practices that are the subject of a consumer enforcement action and, as a result, is eligible |
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57 | 55 | | 2.22to receive consumer enforcement public compensation under a final order. |
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58 | 56 | | 2.23 (h) "Final order" means a judgment, assurance of discontinuance, consent order, |
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59 | 57 | | 2.24settlement, stipulation, or other order or settlement that is no longer appealable and for |
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60 | 58 | | 2.25which no appeals are pending. A final order does not include any judgment, assurance of |
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61 | 59 | | 2.26discontinuance, consent order, settlement, stipulation, or other order or settlement entered |
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62 | 60 | | 2.27into before July 1, 2023. |
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63 | 61 | | 2.28 (i) "Identified amount of unpaid consumer enforcement public compensation" means a |
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64 | 62 | | 2.29specific amount of consumer enforcement public compensation that the attorney general, |
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65 | 63 | | 2.30court-appointed administrator, or fund administrator has determined a specific eligible |
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66 | 64 | | 2.31consumer is entitled to receive following a final order in a consumer enforcement action |
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67 | 65 | | 2.32and that has not been distributed to the specific eligible consumer. |
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68 | 66 | | 2Sec. 2. |
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86 | | - | 3.18 Subd. 5.Distributions to eligible consumers.(a) Money in the account may be |
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87 | | - | 3.19distributed to any eligible consumer with an identified amount of unpaid consumer |
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88 | | - | 3.20enforcement public compensation. If the amount of money in the account is insufficient to |
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89 | | - | 3.21pay all distributions to eligible consumers with an identified amount of unpaid consumer |
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90 | | - | 3.22enforcement public compensation, the money must be distributed first to consumers eligible |
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91 | | - | 3.23for unpaid consumer enforcement public compensation based on a consumer enforcement |
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92 | | - | 3.24action with a final order of the oldest date. |
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93 | | - | 3.25 (b) If the attorney general projects that there will be insufficient funding to pay all eligible |
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94 | | - | 3.26consumers from the funds available on an ongoing basis, the attorney general may |
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95 | | - | 3.27recommend to the legislature that the legislature prescribe a formula for prorating or capping |
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96 | | - | 3.28payments to eligible consumers so that more eligible consumers will receive payment from |
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97 | | - | 3.29the fund. |
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98 | | - | 3.30 Subd. 6.Impractical payments and unreasonable effort as to unpaid |
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99 | | - | 3.31compensation.(a) The attorney general may deem a distribution to an eligible consumer |
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100 | | - | 3.32with an identified amount of unpaid consumer enforcement public compensation impractical |
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101 | | - | 3.33if: |
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| 84 | + | 3.18 Subd. 5.Distributions to eligible consumers.Money in the account may be distributed |
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| 85 | + | 3.19to any eligible consumer with an identified amount of unpaid consumer enforcement public |
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| 86 | + | 3.20compensation. If the amount of money in the account is insufficient to pay all distributions |
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| 87 | + | 3.21to eligible consumers with an identified amount of unpaid consumer enforcement public |
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| 88 | + | 3.22compensation, the money must be distributed first to consumers eligible for unpaid consumer |
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| 89 | + | 3.23enforcement public compensation based on a consumer enforcement action with a final |
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| 90 | + | 3.24order of the oldest date. |
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| 91 | + | 3.25 Subd. 6.Impractical payments and unreasonable effort as to unpaid |
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| 92 | + | 3.26compensation.(a) The attorney general may deem a distribution to an eligible consumer |
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| 93 | + | 3.27with an identified amount of unpaid consumer enforcement public compensation impractical |
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| 94 | + | 3.28if: |
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| 95 | + | 3.29 (1) the distribution to the eligible consumer is too small to justify the cost to locate the |
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| 96 | + | 3.30eligible consumer or make the payment; |
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| 97 | + | 3.31 (2) the eligible consumer does not redeem a payment within a reasonable time; or |
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| 98 | + | 3.32 (3) other circumstances make distributing the unpaid consumer enforcement compensation |
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| 99 | + | 3.33to the eligible consumer unreasonable. |
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103 | | - | S0447-4 4th EngrossmentSF447 REVISOR RSI 4.1 (1) the distribution to the eligible consumer is too small to justify the cost to locate the |
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104 | | - | 4.2eligible consumer or make the payment; |
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105 | | - | 4.3 (2) the eligible consumer does not redeem a payment within a reasonable time; or |
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106 | | - | 4.4 (3) other circumstances make distributing the unpaid consumer enforcement compensation |
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107 | | - | 4.5to the eligible consumer unreasonable. |
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108 | | - | 4.6 (b) The attorney general may deem an attempt to determine an identified amount of |
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109 | | - | 4.7unpaid consumer enforcement public compensation for some or all eligible consumers |
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110 | | - | 4.8relating to a consumer enforcement action is unreasonable when the judgment, assurance |
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111 | | - | 4.9of discontinuance, consent order, settlement, stipulation, or other order or settlement does |
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112 | | - | 4.10not identify specific amounts of consumer enforcement public compensation for specific |
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113 | | - | 4.11consumers if: |
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114 | | - | 4.12 (1) the number of likely eligible consumers and the amount of likely unpaid consumer |
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115 | | - | 4.13enforcement public compensation is too small to justify the cost to determine an identified |
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116 | | - | 4.14amount of unpaid consumer enforcement public compensation; |
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117 | | - | 4.15 (2) the information needed to identify an amount of unpaid consumer enforcement public |
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118 | | - | 4.16compensation is unavailable or too costly to obtain; or |
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119 | | - | 4.17 (3) other circumstances make an attempt to determine an identified amount of unpaid |
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120 | | - | 4.18consumer enforcement public compensation unreasonable. |
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121 | | - | 4.19 Subd. 7.Concluded distributions.The attorney general must stop providing distributions |
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122 | | - | 4.20of unpaid consumer enforcement public compensation relating to a consumer enforcement |
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123 | | - | 4.21action when the attorney general determines: |
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124 | | - | 4.22 (1) all eligible consumers with an identified amount of unpaid consumer enforcement |
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125 | | - | 4.23public compensation for the consumer enforcement action have received a distribution |
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126 | | - | 4.24through the account or the distribution has been deemed impractical under subdivision 6, |
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127 | | - | 4.25paragraph (a); and |
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128 | | - | 4.26 (2) no additional eligible consumers with unpaid consumer enforcement public |
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129 | | - | 4.27compensation for the consumer enforcement action exist or the attorney general has deemed |
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130 | | - | 4.28identifying unpaid compensation under subdivision 6, paragraph (b), unreasonable. |
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131 | | - | 4.29 Subd. 8.Annual report.(a) The attorney general must publish on the attorney general's |
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132 | | - | 4.30website an annual report identifying the following information for the annual period: |
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133 | | - | 4.31 (1) the consumer enforcement actions resulting in payment of money to the account and |
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134 | | - | 4.32the amount of money paid to the account for each consumer enforcement action; |
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| 101 | + | S0447-3 3rd EngrossmentSF447 REVISOR RSI 4.1 (b) The attorney general may deem an attempt to determine an identified amount of |
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| 102 | + | 4.2unpaid consumer enforcement public compensation for some or all eligible consumers |
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| 103 | + | 4.3relating to a consumer enforcement action is unreasonable when the judgment, assurance |
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| 104 | + | 4.4of discontinuance, consent order, settlement, stipulation, or other order or settlement does |
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| 105 | + | 4.5not identify specific amounts of consumer enforcement public compensation for specific |
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| 106 | + | 4.6consumers if: |
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| 107 | + | 4.7 (1) the number of likely eligible consumers and the amount of likely unpaid consumer |
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| 108 | + | 4.8enforcement public compensation is too small to justify the cost to determine an identified |
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| 109 | + | 4.9amount of unpaid consumer enforcement public compensation; |
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| 110 | + | 4.10 (2) the information needed to identify an amount of unpaid consumer enforcement public |
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| 111 | + | 4.11compensation is unavailable or too costly to obtain; or |
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| 112 | + | 4.12 (3) other circumstances make an attempt to determine an identified amount of unpaid |
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| 113 | + | 4.13consumer enforcement public compensation unreasonable. |
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| 114 | + | 4.14 Subd. 7.Concluded distributions.The attorney general must stop providing distributions |
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| 115 | + | 4.15of unpaid consumer enforcement public compensation relating to a consumer enforcement |
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| 116 | + | 4.16action when the attorney general determines: |
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| 117 | + | 4.17 (1) all eligible consumers with an identified amount of unpaid consumer enforcement |
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| 118 | + | 4.18public compensation for the consumer enforcement action have received a distribution |
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| 119 | + | 4.19through the account or the distribution has been deemed impractical under subdivision 6, |
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| 120 | + | 4.20paragraph (a); and |
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| 121 | + | 4.21 (2) no additional eligible consumers with unpaid consumer enforcement public |
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| 122 | + | 4.22compensation for the consumer enforcement action exist or the attorney general has deemed |
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| 123 | + | 4.23identifying unpaid compensation under subdivision 6, paragraph (b), unreasonable. |
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| 124 | + | 4.24 Subd. 8.Annual report.(a) The attorney general must publish on the attorney general's |
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| 125 | + | 4.25website an annual report identifying the following information for the annual period: |
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| 126 | + | 4.26 (1) the consumer enforcement actions resulting in payment of money to the account and |
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| 127 | + | 4.27the amount of money paid to the account for each consumer enforcement action; |
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| 128 | + | 4.28 (2) the consumer enforcement actions for which distributions were made to eligible |
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| 129 | + | 4.29consumers and the amount of money distributed for each consumer enforcement action; |
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| 130 | + | 4.30 (3) the consumer enforcement actions for which there are eligible consumers awaiting |
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| 131 | + | 4.31distribution from the account and the amount of money for which those eligible consumers |
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| 132 | + | 4.32are awaiting distribution for each consumer enforcement action; |
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136 | | - | S0447-4 4th EngrossmentSF447 REVISOR RSI 5.1 (2) the consumer enforcement actions for which distributions were made to eligible |
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137 | | - | 5.2consumers, the amount of money distributed for each consumer enforcement action, and |
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138 | | - | 5.3the amount of money distributed to each eligible consumer; |
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139 | | - | 5.4 (3) the consumer enforcement actions for which there are eligible consumers awaiting |
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140 | | - | 5.5distribution from the account and the amount of money for which those eligible consumers |
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141 | | - | 5.6are awaiting distribution for each consumer enforcement action; |
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142 | | - | 5.7 (4) the consumer enforcement actions for which the attorney general has concluded |
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143 | | - | 5.8account distribution; |
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144 | | - | 5.9 (5) the consumer enforcement actions in which the attorney general determined that |
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145 | | - | 5.10some or all eligible compensation was impractical to distribute or unreasonable to determine |
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146 | | - | 5.11under subdivision 6; |
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147 | | - | 5.12 (6) a summary of the unlawful acts and practices that directly impacted an eligible |
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148 | | - | 5.13consumer and a description of the public interests vindicated by a distribution from the |
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149 | | - | 5.14account; |
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150 | | - | 5.15 (7) all administrative policies that apply to the account, including any policies that |
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151 | | - | 5.16determine priorities for distribution of money; |
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152 | | - | 5.17 (8) the number of employees working on the account; and |
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153 | | - | 5.18 (9) the cost incurred to administer the account. |
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154 | | - | 5.19 (b) The attorney general must provide the report to the chairs and ranking minority |
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155 | | - | 5.20members of the legislative committees with jurisdiction over state government, commerce, |
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156 | | - | 5.21and judiciary. |
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157 | | - | 5.22 Subd. 9.Account administrator.(a) The attorney general may appoint an administrator |
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158 | | - | 5.23for any of the following purposes: |
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159 | | - | 5.24 (1) determining identified amounts of unpaid consumer enforcement public compensation |
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160 | | - | 5.25for eligible consumers; |
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161 | | - | 5.26 (2) collecting money that can be deposited, in whole or in part, to the account; |
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162 | | - | 5.27 (3) distributing money to eligible consumers; or |
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163 | | - | 5.28 (4) any other costs to administer the account. |
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164 | | - | 5.29 (b) The attorney general may appoint more than one account administrator. |
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165 | | - | 5.30 Subd. 10.No private right of action.A person does not have a private right of action |
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166 | | - | 5.31with respect to a payment from the account or administration of the account. |
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167 | | - | 5Sec. 2. |
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168 | | - | S0447-4 4th EngrossmentSF447 REVISOR RSI 6.1 Subd. 11.Collection efforts unaffected.The distribution of money from the account |
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169 | | - | 6.2to eligible consumers does not affect the attorney general's authority to collect, satisfy, or |
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170 | | - | 6.3enforce final orders against persons ordered to pay consumer enforcement public |
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171 | | - | 6.4compensation to eligible consumers in the final order. To the extent the attorney general |
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172 | | - | 6.5collects consumer enforcement public compensation pursuant to a final order after money |
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173 | | - | 6.6has been distributed from the account to eligible consumers that are the subject of that final |
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174 | | - | 6.7order, the collected consumer enforcement public compensation must be deposited in the |
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175 | | - | 6.8account in an amount equal to the prior account distribution. |
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176 | | - | 6.9 Subd. 12.Data classification.Notwithstanding section 13.65, informal or formal policies |
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177 | | - | 6.10relating to the account are public data on individuals, as defined in section 13.02, subdivision |
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178 | | - | 6.1115, and public data not on individuals, as defined by section 13.02, subdivision 14. |
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179 | | - | 6.12 Sec. 3. Minnesota Statutes 2024, section 16A.151, subdivision 2, is amended to read: |
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180 | | - | 6.13 Subd. 2.Exceptions.(a) If a state official litigates or settles a matter on behalf of specific |
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181 | | - | 6.14injured persons or entities, this section does not prohibit distribution of money to the specific |
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182 | | - | 6.15injured persons or entities on whose behalf the litigation or settlement efforts were initiated. |
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183 | | - | 6.16If money recovered on behalf of injured persons or entities cannot reasonably be distributed |
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184 | | - | 6.17to those persons or entities because they cannot readily be located or identified or because |
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185 | | - | 6.18the cost of distributing the money would outweigh the benefit to the persons or entities, the |
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186 | | - | 6.19money must be paid into the general fund. |
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187 | | - | 6.20 (b) Money recovered on behalf of a fund in the state treasury other than the general fund |
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188 | | - | 6.21may be deposited in that fund. |
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189 | | - | 6.22 (c) This section does not prohibit a state official from distributing money to a person or |
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190 | | - | 6.23entity other than the state in litigation or potential litigation in which the state is a defendant |
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191 | | - | 6.24or potential defendant. |
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192 | | - | 6.25 (d) State agencies may accept funds as directed by a federal court for any restitution or |
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193 | | - | 6.26monetary penalty under United States Code, title 18, section 3663(a)(3), or United States |
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194 | | - | 6.27Code, title 18, section 3663A(a)(3). Funds received must be deposited in a special revenue |
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195 | | - | 6.28account and are appropriated to the commissioner of the agency for the purpose as directed |
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196 | | - | 6.29by the federal court. |
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197 | | - | 6.30 (e) Tobacco settlement revenues as defined in section 16A.98, subdivision 1, paragraph |
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198 | | - | 6.31(t), may be deposited as provided in section 16A.98, subdivision 12. |
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199 | | - | 6.32 (f) (e) Any money received by the state resulting from a settlement agreement or an |
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200 | | - | 6.33assurance of discontinuance entered into by the attorney general of the state, or a court order |
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| 134 | + | S0447-3 3rd EngrossmentSF447 REVISOR RSI 5.1 (4) the consumer enforcement actions for which the attorney general has concluded |
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| 135 | + | 5.2account distribution; |
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| 136 | + | 5.3 (5) the consumer enforcement actions in which the attorney general determined that |
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| 137 | + | 5.4some or all eligible compensation was impractical to distribute or unreasonable to determine |
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| 138 | + | 5.5under subdivision 6; and |
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| 139 | + | 5.6 (6) the cost incurred to administer the account. |
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| 140 | + | 5.7 (b) The attorney general must provide the report to the chairs and ranking minority |
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| 141 | + | 5.8members of the legislative committees with jurisdiction over the consumer protection |
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| 142 | + | 5.9restitution account. |
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| 143 | + | 5.10 Subd. 9.Account administrator.(a) The attorney general may appoint an administrator |
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| 144 | + | 5.11for any of the following purposes: |
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| 145 | + | 5.12 (1) determining identified amounts of unpaid consumer enforcement public compensation |
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| 146 | + | 5.13for eligible consumers; |
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| 147 | + | 5.14 (2) collecting money that can be deposited, in whole or in part, to the account; |
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| 148 | + | 5.15 (3) distributing money to eligible consumers; or |
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| 149 | + | 5.16 (4) any other costs to administer the account. |
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| 150 | + | 5.17 (b) The attorney general may appoint more than one account administrator. |
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| 151 | + | 5.18 Subd. 10.No private right of action.A person does not have a private right of action |
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| 152 | + | 5.19with respect to a payment from the account or administration of the account. |
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| 153 | + | 5.20 Subd. 11.Collection efforts unaffected.The distribution of money from the account |
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| 154 | + | 5.21to eligible consumers does not affect the attorney general's authority to collect, satisfy, or |
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| 155 | + | 5.22enforce final orders against persons ordered to pay consumer enforcement public |
---|
| 156 | + | 5.23compensation to eligible consumers in the final order. To the extent the attorney general |
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| 157 | + | 5.24collects consumer enforcement public compensation pursuant to a final order after money |
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| 158 | + | 5.25has been distributed from the account to eligible consumers that are the subject of that final |
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| 159 | + | 5.26order, the collected consumer enforcement public compensation must be deposited in the |
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| 160 | + | 5.27account in an amount equal to the prior account distribution. |
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| 161 | + | 5.28 Sec. 3. Minnesota Statutes 2024, section 16A.151, subdivision 2, is amended to read: |
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| 162 | + | 5.29 Subd. 2.Exceptions.(a) If a state official litigates or settles a matter on behalf of specific |
---|
| 163 | + | 5.30injured persons or entities, this section does not prohibit distribution of money to the specific |
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| 164 | + | 5.31injured persons or entities on whose behalf the litigation or settlement efforts were initiated. |
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| 165 | + | 5Sec. 3. |
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| 166 | + | S0447-3 3rd EngrossmentSF447 REVISOR RSI 6.1If money recovered on behalf of injured persons or entities cannot reasonably be distributed |
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| 167 | + | 6.2to those persons or entities because they cannot readily be located or identified or because |
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| 168 | + | 6.3the cost of distributing the money would outweigh the benefit to the persons or entities, the |
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| 169 | + | 6.4money must be paid into the general fund. |
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| 170 | + | 6.5 (b) Money recovered on behalf of a fund in the state treasury other than the general fund |
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| 171 | + | 6.6may be deposited in that fund. |
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| 172 | + | 6.7 (c) This section does not prohibit a state official from distributing money to a person or |
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| 173 | + | 6.8entity other than the state in litigation or potential litigation in which the state is a defendant |
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| 174 | + | 6.9or potential defendant. |
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| 175 | + | 6.10 (d) State agencies may accept funds as directed by a federal court for any restitution or |
---|
| 176 | + | 6.11monetary penalty under United States Code, title 18, section 3663(a)(3), or United States |
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| 177 | + | 6.12Code, title 18, section 3663A(a)(3). Funds received must be deposited in a special revenue |
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| 178 | + | 6.13account and are appropriated to the commissioner of the agency for the purpose as directed |
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| 179 | + | 6.14by the federal court. |
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| 180 | + | 6.15 (e) Tobacco settlement revenues as defined in section 16A.98, subdivision 1, paragraph |
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| 181 | + | 6.16(t), may be deposited as provided in section 16A.98, subdivision 12. |
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| 182 | + | 6.17 (f) (e) Any money received by the state resulting from a settlement agreement or an |
---|
| 183 | + | 6.18assurance of discontinuance entered into by the attorney general of the state, or a court order |
---|
| 184 | + | 6.19in litigation brought by the attorney general of the state, on behalf of the state or a state |
---|
| 185 | + | 6.20agency, related to alleged violations of consumer fraud laws in the marketing, sale, or |
---|
| 186 | + | 6.21distribution of opioids in this state or other alleged illegal actions that contributed to the |
---|
| 187 | + | 6.22excessive use of opioids, must be deposited in the settlement account established in the |
---|
| 188 | + | 6.23opiate epidemic response fund under section 256.043, subdivision 1. This paragraph does |
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| 189 | + | 6.24not apply to attorney fees and costs awarded to the state or the Attorney General's Office, |
---|
| 190 | + | 6.25to contract attorneys hired by the state or Attorney General's Office, or to other state agency |
---|
| 191 | + | 6.26attorneys. |
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| 192 | + | 6.27 (g) (f) Notwithstanding paragraph (f) (e), if money is received from a settlement |
---|
| 193 | + | 6.28agreement or an assurance of discontinuance entered into by the attorney general of the |
---|
| 194 | + | 6.29state or a court order in litigation brought by the attorney general of the state on behalf of |
---|
| 195 | + | 6.30the state or a state agency against a consulting firm working for an opioid manufacturer or |
---|
| 196 | + | 6.31opioid wholesale drug distributor, the commissioner shall deposit any money received into |
---|
| 197 | + | 6.32the settlement account established within the opiate epidemic response fund under section |
---|
| 198 | + | 6.33256.042, subdivision 1. Notwithstanding section 256.043, subdivision 3a, paragraph (a), |
---|
| 199 | + | 6.34any amount deposited into the settlement account in accordance with this paragraph shall |
---|
202 | | - | S0447-4 4th EngrossmentSF447 REVISOR RSI 7.1in litigation brought by the attorney general of the state, on behalf of the state or a state |
---|
203 | | - | 7.2agency, related to alleged violations of consumer fraud laws in the marketing, sale, or |
---|
204 | | - | 7.3distribution of opioids in this state or other alleged illegal actions that contributed to the |
---|
205 | | - | 7.4excessive use of opioids, must be deposited in the settlement account established in the |
---|
206 | | - | 7.5opiate epidemic response fund under section 256.043, subdivision 1. This paragraph does |
---|
207 | | - | 7.6not apply to attorney fees and costs awarded to the state or the Attorney General's Office, |
---|
208 | | - | 7.7to contract attorneys hired by the state or Attorney General's Office, or to other state agency |
---|
209 | | - | 7.8attorneys. |
---|
210 | | - | 7.9 (g) (f) Notwithstanding paragraph (f) (e), if money is received from a settlement |
---|
211 | | - | 7.10agreement or an assurance of discontinuance entered into by the attorney general of the |
---|
212 | | - | 7.11state or a court order in litigation brought by the attorney general of the state on behalf of |
---|
213 | | - | 7.12the state or a state agency against a consulting firm working for an opioid manufacturer or |
---|
214 | | - | 7.13opioid wholesale drug distributor, the commissioner shall deposit any money received into |
---|
215 | | - | 7.14the settlement account established within the opiate epidemic response fund under section |
---|
216 | | - | 7.15256.042, subdivision 1. Notwithstanding section 256.043, subdivision 3a, paragraph (a), |
---|
217 | | - | 7.16any amount deposited into the settlement account in accordance with this paragraph shall |
---|
218 | | - | 7.17be appropriated to the commissioner of human services to award as grants as specified by |
---|
219 | | - | 7.18the opiate epidemic response advisory council in accordance with section 256.043, |
---|
220 | | - | 7.19subdivision 3a, paragraph (e). |
---|
221 | | - | 7.20 (h) (g) If the Minnesota Pollution Control Agency, through litigation or settlement of a |
---|
222 | | - | 7.21matter that could have resulted in litigation, recovers $250,000 or more in a civil penalty |
---|
223 | | - | 7.22from violations of a permit issued by the agency, then 40 percent of the money recovered |
---|
224 | | - | 7.23must be distributed to the community health board, as defined in section 145A.02, where |
---|
225 | | - | 7.24the permitted facility is located. Within 30 days of a final court order in the litigation or the |
---|
226 | | - | 7.25effective date of the settlement agreement, the commissioner of the Minnesota Pollution |
---|
227 | | - | 7.26Control Agency must notify the applicable community health board that the litigation has |
---|
228 | | - | 7.27concluded or a settlement has been reached. The commissioner must collect the money and |
---|
229 | | - | 7.28transfer it to the applicable community health board. The community health board must |
---|
230 | | - | 7.29meet directly with the residents potentially affected by the pollution that was the subject of |
---|
231 | | - | 7.30the litigation or settlement to identify the residents' concerns and incorporate those concerns |
---|
232 | | - | 7.31into a project that benefits the residents. The project must be implemented by the community |
---|
233 | | - | 7.32health board and funded as directed in this paragraph. The community health board may |
---|
234 | | - | 7.33recover the reasonable costs it incurs to administer this paragraph from the funds transferred |
---|
235 | | - | 7.34to the board under this paragraph. This paragraph directs the transfer and use of money only |
---|
236 | | - | 7.35and does not create a right of intervention in the litigation or settlement of the enforcement |
---|
| 201 | + | S0447-3 3rd EngrossmentSF447 REVISOR RSI 7.1be appropriated to the commissioner of human services to award as grants as specified by |
---|
| 202 | + | 7.2the opiate epidemic response advisory council in accordance with section 256.043, |
---|
| 203 | + | 7.3subdivision 3a, paragraph (e). |
---|
| 204 | + | 7.4 (h) (g) If the Minnesota Pollution Control Agency, through litigation or settlement of a |
---|
| 205 | + | 7.5matter that could have resulted in litigation, recovers $250,000 or more in a civil penalty |
---|
| 206 | + | 7.6from violations of a permit issued by the agency, then 40 percent of the money recovered |
---|
| 207 | + | 7.7must be distributed to the community health board, as defined in section 145A.02, where |
---|
| 208 | + | 7.8the permitted facility is located. Within 30 days of a final court order in the litigation or the |
---|
| 209 | + | 7.9effective date of the settlement agreement, the commissioner of the Minnesota Pollution |
---|
| 210 | + | 7.10Control Agency must notify the applicable community health board that the litigation has |
---|
| 211 | + | 7.11concluded or a settlement has been reached. The commissioner must collect the money and |
---|
| 212 | + | 7.12transfer it to the applicable community health board. The community health board must |
---|
| 213 | + | 7.13meet directly with the residents potentially affected by the pollution that was the subject of |
---|
| 214 | + | 7.14the litigation or settlement to identify the residents' concerns and incorporate those concerns |
---|
| 215 | + | 7.15into a project that benefits the residents. The project must be implemented by the community |
---|
| 216 | + | 7.16health board and funded as directed in this paragraph. The community health board may |
---|
| 217 | + | 7.17recover the reasonable costs it incurs to administer this paragraph from the funds transferred |
---|
| 218 | + | 7.18to the board under this paragraph. This paragraph directs the transfer and use of money only |
---|
| 219 | + | 7.19and does not create a right of intervention in the litigation or settlement of the enforcement |
---|
| 220 | + | 7.20action for any person or entity. A supplemental environmental project funded as part of a |
---|
| 221 | + | 7.21settlement agreement is not part of a civil penalty and must not be included in calculating |
---|
| 222 | + | 7.22the amount of funds required to be distributed to a community health board under this |
---|
| 223 | + | 7.23paragraph. For the purposes of this paragraph, "supplemental environmental project" means |
---|
| 224 | + | 7.24a project that benefits the environment or public health that a regulated facility agrees to |
---|
| 225 | + | 7.25undertake, though not legally required to do so, as part of a settlement with respect to an |
---|
| 226 | + | 7.26enforcement action taken by the Minnesota Pollution Control Agency to resolve |
---|
| 227 | + | 7.27noncompliance. |
---|
| 228 | + | 7.28 (i) (h) A community health board receiving a transfer of funds under paragraph (h) (g) |
---|
| 229 | + | 7.29must, no later than one year after receiving the funds, submit a report to the chairs and |
---|
| 230 | + | 7.30ranking minority members of the senate and house of representatives committees with |
---|
| 231 | + | 7.31primary jurisdiction over environment policy and natural resources that describes: |
---|
| 232 | + | 7.32 (1) the process of community engagement employed to solicit community input regarding |
---|
| 233 | + | 7.33the use of the funds; |
---|
| 234 | + | 7.34 (2) the purposes and activities for which the funds were used; and |
---|
238 | | - | S0447-4 4th EngrossmentSF447 REVISOR RSI 8.1action for any person or entity. A supplemental environmental project funded as part of a |
---|
239 | | - | 8.2settlement agreement is not part of a civil penalty and must not be included in calculating |
---|
240 | | - | 8.3the amount of funds required to be distributed to a community health board under this |
---|
241 | | - | 8.4paragraph. For the purposes of this paragraph, "supplemental environmental project" means |
---|
242 | | - | 8.5a project that benefits the environment or public health that a regulated facility agrees to |
---|
243 | | - | 8.6undertake, though not legally required to do so, as part of a settlement with respect to an |
---|
244 | | - | 8.7enforcement action taken by the Minnesota Pollution Control Agency to resolve |
---|
245 | | - | 8.8noncompliance. |
---|
246 | | - | 8.9 (i) (h) A community health board receiving a transfer of funds under paragraph (h) (g) |
---|
247 | | - | 8.10must, no later than one year after receiving the funds, submit a report to the chairs and |
---|
248 | | - | 8.11ranking minority members of the senate and house of representatives committees with |
---|
249 | | - | 8.12primary jurisdiction over environment policy and natural resources that describes: |
---|
250 | | - | 8.13 (1) the process of community engagement employed to solicit community input regarding |
---|
251 | | - | 8.14the use of the funds; |
---|
252 | | - | 8.15 (2) the purposes and activities for which the funds were used; and |
---|
253 | | - | 8.16 (3) an account of expenditures. |
---|
254 | | - | 8.17 (j) (i) The commissioner of the Minnesota Pollution Control Agency must submit a |
---|
255 | | - | 8.18report in September each even-numbered year, beginning in 2024, to the chairs and ranking |
---|
256 | | - | 8.19minority members of the senate and house of representatives committees with primary |
---|
257 | | - | 8.20jurisdiction over environmental policy and natural resources that includes: |
---|
258 | | - | 8.21 (1) the amount transferred under paragraph (h) (g) to each community health board |
---|
259 | | - | 8.22during the previous two years; and |
---|
260 | | - | 8.23 (2) any agency services provided to the community health board or community residents |
---|
261 | | - | 8.24during the duration of the project funded by the transfer, and the cost of those agency |
---|
262 | | - | 8.25services, for consideration by the legislature for future appropriations that address |
---|
263 | | - | 8.26reimbursement of the amount of the transfers and the cost of services provided by the agency. |
---|
264 | | - | 8.27 (k) (j) Any money received by the state resulting from a settlement agreement or an |
---|
265 | | - | 8.28assurance of discontinuance entered into by the attorney general of the state, or a court order |
---|
266 | | - | 8.29in litigation brought by the attorney general of the state on behalf of the state or a state |
---|
267 | | - | 8.30agency related to alleged violations of consumer fraud laws in the marketing, sale, or |
---|
268 | | - | 8.31distribution of electronic nicotine delivery systems in this state or other alleged illegal |
---|
269 | | - | 8.32actions that contributed to the exacerbation of youth nicotine use, must be deposited in the |
---|
270 | | - | 8.33tobacco use prevention account under section 144.398. This paragraph does not apply to: |
---|
271 | | - | 8Sec. 3. |
---|
272 | | - | S0447-4 4th EngrossmentSF447 REVISOR RSI 9.1(1) attorney fees and costs awarded or paid to the state or the Attorney General's Office; (2) |
---|
273 | | - | 9.2contract attorneys hired by the state or Attorney General's Office; or (3) other state agency |
---|
274 | | - | 9.3attorneys. The commissioner of management and budget must transfer to the tobacco use |
---|
275 | | - | 9.4prevention account, any money subject to this paragraph that is received by the state before |
---|
276 | | - | 9.5May 24, 2023. |
---|
277 | | - | 9.6 (k) This section does not apply to money deposited in the consumer protection restitution |
---|
278 | | - | 9.7account under section 8.37. |
---|
279 | | - | 9.8 Sec. 4. Minnesota Statutes 2024, section 290.0132, is amended by adding a subdivision |
---|
280 | | - | 9.9to read: |
---|
281 | | - | 9.10 Subd. 36.Consumer enforcement public compensation payments.The amount of |
---|
282 | | - | 9.11consumer enforcement public compensation received as a distribution to an eligible consumer |
---|
283 | | - | 9.12under section 8.37, subdivision 5, is a subtraction. |
---|
284 | | - | 9.13 EFFECTIVE DATE.This section is effective for taxable years beginning after December |
---|
285 | | - | 9.1431, 2024. |
---|
286 | | - | 9.15 Sec. 5. Minnesota Statutes 2024, section 290.0693, subdivision 1, is amended to read: |
---|
287 | | - | 9.16 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have |
---|
288 | | - | 9.17the meanings given. |
---|
289 | | - | 9.18 (b) "Combined exemption amount" means the sum of: |
---|
290 | | - | 9.19 (1) for the taxpayer's first dependent, the exemption amount multiplied by 1.4; |
---|
291 | | - | 9.20 (2) for the taxpayer's second dependent, the exemption amount multiplied by 1.3; |
---|
292 | | - | 9.21 (3) for the taxpayer's third dependent, the exemption amount multiplied by 1.2; |
---|
293 | | - | 9.22 (4) for the taxpayer's fourth dependent, the exemption amount multiplied by 1.1; |
---|
294 | | - | 9.23 (5) for the taxpayer's fifth dependent, the exemption amount; and |
---|
295 | | - | 9.24 (6) if the taxpayer or taxpayer's spouse had a disability or attained the age of 65 on or |
---|
296 | | - | 9.25before the close of the taxable year, the exemption amount. |
---|
297 | | - | 9.26 (b) (c) "Dependent" means any individual who is considered a dependent under sections |
---|
298 | | - | 9.27151 and 152 of the Internal Revenue Code. |
---|
299 | | - | 9.28 (c) (d) "Disability" has the meaning given in section 290A.03, subdivision 10. |
---|
300 | | - | 9.29 (d) (e) "Exemption amount" means the exemption amount under section 290.0121, |
---|
301 | | - | 9.30subdivision 1, paragraph (b). |
---|
| 236 | + | S0447-3 3rd EngrossmentSF447 REVISOR RSI 8.1 (3) an account of expenditures. |
---|
| 237 | + | 8.2 (j) (i) The commissioner of the Minnesota Pollution Control Agency must submit a |
---|
| 238 | + | 8.3report in September each even-numbered year, beginning in 2024, to the chairs and ranking |
---|
| 239 | + | 8.4minority members of the senate and house of representatives committees with primary |
---|
| 240 | + | 8.5jurisdiction over environmental policy and natural resources that includes: |
---|
| 241 | + | 8.6 (1) the amount transferred under paragraph (h) (g) to each community health board |
---|
| 242 | + | 8.7during the previous two years; and |
---|
| 243 | + | 8.8 (2) any agency services provided to the community health board or community residents |
---|
| 244 | + | 8.9during the duration of the project funded by the transfer, and the cost of those agency |
---|
| 245 | + | 8.10services, for consideration by the legislature for future appropriations that address |
---|
| 246 | + | 8.11reimbursement of the amount of the transfers and the cost of services provided by the agency. |
---|
| 247 | + | 8.12 (k) (j) Any money received by the state resulting from a settlement agreement or an |
---|
| 248 | + | 8.13assurance of discontinuance entered into by the attorney general of the state, or a court order |
---|
| 249 | + | 8.14in litigation brought by the attorney general of the state on behalf of the state or a state |
---|
| 250 | + | 8.15agency related to alleged violations of consumer fraud laws in the marketing, sale, or |
---|
| 251 | + | 8.16distribution of electronic nicotine delivery systems in this state or other alleged illegal |
---|
| 252 | + | 8.17actions that contributed to the exacerbation of youth nicotine use, must be deposited in the |
---|
| 253 | + | 8.18tobacco use prevention account under section 144.398. This paragraph does not apply to: |
---|
| 254 | + | 8.19(1) attorney fees and costs awarded or paid to the state or the Attorney General's Office; (2) |
---|
| 255 | + | 8.20contract attorneys hired by the state or Attorney General's Office; or (3) other state agency |
---|
| 256 | + | 8.21attorneys. The commissioner of management and budget must transfer to the tobacco use |
---|
| 257 | + | 8.22prevention account, any money subject to this paragraph that is received by the state before |
---|
| 258 | + | 8.23May 24, 2023. |
---|
| 259 | + | 8.24 (k) This section does not apply to money deposited in the consumer protection restitution |
---|
| 260 | + | 8.25account under section 8.37. |
---|
| 261 | + | 8.26 Sec. 4. Minnesota Statutes 2024, section 290.0132, is amended by adding a subdivision |
---|
| 262 | + | 8.27to read: |
---|
| 263 | + | 8.28 Subd. 36.Consumer enforcement public compensation payments.The amount of |
---|
| 264 | + | 8.29consumer enforcement public compensation received as a distribution to an eligible consumer |
---|
| 265 | + | 8.30under section 8.37, subdivision 5, is a subtraction. |
---|
| 266 | + | 8.31 EFFECTIVE DATE.This section is effective for taxable years beginning after December |
---|
| 267 | + | 8.3231, 2024. |
---|
| 268 | + | 8Sec. 4. |
---|
| 269 | + | S0447-3 3rd EngrossmentSF447 REVISOR RSI 9.1 Sec. 5. Minnesota Statutes 2024, section 290.0693, subdivision 1, is amended to read: |
---|
| 270 | + | 9.2 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have |
---|
| 271 | + | 9.3the meanings given. |
---|
| 272 | + | 9.4 (b) "Combined exemption amount" means the sum of: |
---|
| 273 | + | 9.5 (1) for the taxpayer's first dependent, the exemption amount multiplied by 1.4; |
---|
| 274 | + | 9.6 (2) for the taxpayer's second dependent, the exemption amount multiplied by 1.3; |
---|
| 275 | + | 9.7 (3) for the taxpayer's third dependent, the exemption amount multiplied by 1.2; |
---|
| 276 | + | 9.8 (4) for the taxpayer's fourth dependent, the exemption amount multiplied by 1.1; |
---|
| 277 | + | 9.9 (5) for the taxpayer's fifth dependent, the exemption amount; and |
---|
| 278 | + | 9.10 (6) if the taxpayer or taxpayer's spouse had a disability or attained the age of 65 on or |
---|
| 279 | + | 9.11before the close of the taxable year, the exemption amount. |
---|
| 280 | + | 9.12 (b) (c) "Dependent" means any individual who is considered a dependent under sections |
---|
| 281 | + | 9.13151 and 152 of the Internal Revenue Code. |
---|
| 282 | + | 9.14 (c) (d) "Disability" has the meaning given in section 290A.03, subdivision 10. |
---|
| 283 | + | 9.15 (d) (e) "Exemption amount" means the exemption amount under section 290.0121, |
---|
| 284 | + | 9.16subdivision 1, paragraph (b). |
---|
| 285 | + | 9.17 (e) (f) "Gross rent" means rent paid for the right of occupancy, at arm's length, of a |
---|
| 286 | + | 9.18homestead, exclusive of charges for any medical services furnished by the landlord as a |
---|
| 287 | + | 9.19part of the rental agreement, whether expressly set out in the rental agreement or not. The |
---|
| 288 | + | 9.20gross rent of a resident of a nursing home or intermediate care facility is $600 per month. |
---|
| 289 | + | 9.21The gross rent of a resident of an adult foster care home is $930 per month. The commissioner |
---|
| 290 | + | 9.22shall annually adjust the amounts in this paragraph as provided in section 270C.22. The |
---|
| 291 | + | 9.23statutory year is 2023. If the landlord and tenant have not dealt with each other at arm's |
---|
| 292 | + | 9.24length and the commissioner determines that the gross rent charged was excessive, the |
---|
| 293 | + | 9.25commissioner may adjust the gross rent to a reasonable amount for purposes of this section. |
---|
| 294 | + | 9.26 (f) (g) "Homestead" has the meaning given in section 290A.03, subdivision 6. |
---|
| 295 | + | 9.27 (g) (h) "Household" has the meaning given in section 290A.03, subdivision 4. |
---|
| 296 | + | 9.28 (h) (i) "Household income" means all income received by all persons of a household in |
---|
| 297 | + | 9.29a taxable year while members of the household, other than income of a dependent. |
---|
| 298 | + | 9.30 (i) (j) "Income" means adjusted gross income, minus: |
---|
303 | | - | S0447-4 4th EngrossmentSF447 REVISOR RSI 10.1 (e) (f) "Gross rent" means rent paid for the right of occupancy, at arm's length, of a |
---|
304 | | - | 10.2homestead, exclusive of charges for any medical services furnished by the landlord as a |
---|
305 | | - | 10.3part of the rental agreement, whether expressly set out in the rental agreement or not. The |
---|
306 | | - | 10.4gross rent of a resident of a nursing home or intermediate care facility is $600 per month. |
---|
307 | | - | 10.5The gross rent of a resident of an adult foster care home is $930 per month. The commissioner |
---|
308 | | - | 10.6shall annually adjust the amounts in this paragraph as provided in section 270C.22. The |
---|
309 | | - | 10.7statutory year is 2023. If the landlord and tenant have not dealt with each other at arm's |
---|
310 | | - | 10.8length and the commissioner determines that the gross rent charged was excessive, the |
---|
311 | | - | 10.9commissioner may adjust the gross rent to a reasonable amount for purposes of this section. |
---|
312 | | - | 10.10 (f) (g) "Homestead" has the meaning given in section 290A.03, subdivision 6. |
---|
313 | | - | 10.11 (g) (h) "Household" has the meaning given in section 290A.03, subdivision 4. |
---|
314 | | - | 10.12 (h) (i) "Household income" means all income received by all persons of a household in |
---|
315 | | - | 10.13a taxable year while members of the household, other than income of a dependent. |
---|
316 | | - | 10.14 (i) (j) "Income" means adjusted gross income, minus: |
---|
317 | | - | 10.15 (1) for the taxpayer's first dependent, the exemption amount multiplied by 1.4 the |
---|
318 | | - | 10.16taxpayer's combined exemption amount; and |
---|
319 | | - | 10.17 (2) for the taxpayer's second dependent, the exemption amount multiplied by 1.3; the |
---|
320 | | - | 10.18amount of consumer enforcement public compensation subtracted under section 290.0132, |
---|
321 | | - | 10.19subdivision 36. |
---|
322 | | - | 10.20 (3) for the taxpayer's third dependent, the exemption amount multiplied by 1.2; |
---|
323 | | - | 10.21 (4) for the taxpayer's fourth dependent, the exemption amount multiplied by 1.1; |
---|
324 | | - | 10.22 (5) for the taxpayer's fifth dependent, the exemption amount; and |
---|
325 | | - | 10.23 (6) if the taxpayer or taxpayer's spouse had a disability or attained the age of 65 on or |
---|
326 | | - | 10.24before the close of the taxable year, the exemption amount. |
---|
327 | | - | 10.25 (j) (k) "Rent constituting property taxes" means 17 percent of the gross rent actually |
---|
328 | | - | 10.26paid in cash, or its equivalent, or the portion of rent paid in lieu of property taxes, in any |
---|
329 | | - | 10.27taxable year by a claimant for the right of occupancy of the claimant's Minnesota homestead |
---|
330 | | - | 10.28in the taxable year, and which rent constitutes the basis, in the succeeding taxable year of |
---|
331 | | - | 10.29a claim for a credit under this section by the claimant. If an individual occupies a homestead |
---|
332 | | - | 10.30with another person or persons not related to the individual as the individual's spouse or as |
---|
333 | | - | 10.31dependents, and the other person or persons are residing at the homestead under a rental or |
---|
334 | | - | 10Sec. 5. |
---|
335 | | - | S0447-4 4th EngrossmentSF447 REVISOR RSI 11.1lease agreement with the individual, the amount of rent constituting property tax for the |
---|
336 | | - | 11.2individual equals that portion not covered by the rental agreement. |
---|
337 | | - | 11.3 EFFECTIVE DATE.This section is effective for taxable years beginning after December |
---|
338 | | - | 11.431, 2024. |
---|
339 | | - | 11.5 Sec. 6. Minnesota Statutes 2024, section 290A.03, subdivision 3, is amended to read: |
---|
340 | | - | 11.6 Subd. 3.Income.(a) "Income" means the sum of the following: |
---|
341 | | - | 11.7 (1) federal adjusted gross income as defined in the Internal Revenue Code; and |
---|
342 | | - | 11.8 (2) the sum of the following amounts to the extent not included in clause (1): |
---|
343 | | - | 11.9 (i) all nontaxable income; |
---|
344 | | - | 11.10 (ii) the amount of a passive activity loss that is not disallowed as a result of section 469, |
---|
345 | | - | 11.11paragraph (i) or (m) of the Internal Revenue Code and the amount of passive activity loss |
---|
346 | | - | 11.12carryover allowed under section 469(b) of the Internal Revenue Code; |
---|
347 | | - | 11.13 (iii) an amount equal to the total of any discharge of qualified farm indebtedness of a |
---|
348 | | - | 11.14solvent individual excluded from gross income under section 108(g) of the Internal Revenue |
---|
349 | | - | 11.15Code; |
---|
350 | | - | 11.16 (iv) cash public assistance and relief; |
---|
351 | | - | 11.17 (v) any pension or annuity (including railroad retirement benefits, all payments received |
---|
352 | | - | 11.18under the federal Social Security Act, Supplemental Security Income, and veterans benefits), |
---|
353 | | - | 11.19which was not exclusively funded by the claimant or spouse, or which was funded exclusively |
---|
354 | | - | 11.20by the claimant or spouse and which funding payments were excluded from federal adjusted |
---|
355 | | - | 11.21gross income in the years when the payments were made; |
---|
356 | | - | 11.22 (vi) interest received from the federal or a state government or any instrumentality or |
---|
357 | | - | 11.23political subdivision thereof; |
---|
358 | | - | 11.24 (vii) workers' compensation; |
---|
359 | | - | 11.25 (viii) nontaxable strike benefits; |
---|
360 | | - | 11.26 (ix) the gross amounts of payments received in the nature of disability income or sick |
---|
361 | | - | 11.27pay as a result of accident, sickness, or other disability, whether funded through insurance |
---|
362 | | - | 11.28or otherwise; |
---|
363 | | - | 11.29 (x) a lump-sum distribution under section 402(e)(3) of the Internal Revenue Code of |
---|
364 | | - | 11.301986, as amended through December 31, 1995; |
---|
| 300 | + | S0447-3 3rd EngrossmentSF447 REVISOR RSI 10.1 (1) for the taxpayer's first dependent, the exemption amount multiplied by 1.4 the |
---|
| 301 | + | 10.2taxpayer's combined exemption amount; and |
---|
| 302 | + | 10.3 (2) for the taxpayer's second dependent, the exemption amount multiplied by 1.3; the |
---|
| 303 | + | 10.4amount of consumer enforcement public compensation subtracted under section 290.0132, |
---|
| 304 | + | 10.5subdivision 36. |
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| 305 | + | 10.6 (3) for the taxpayer's third dependent, the exemption amount multiplied by 1.2; |
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| 306 | + | 10.7 (4) for the taxpayer's fourth dependent, the exemption amount multiplied by 1.1; |
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| 307 | + | 10.8 (5) for the taxpayer's fifth dependent, the exemption amount; and |
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| 308 | + | 10.9 (6) if the taxpayer or taxpayer's spouse had a disability or attained the age of 65 on or |
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| 309 | + | 10.10before the close of the taxable year, the exemption amount. |
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| 310 | + | 10.11 (j) (k) "Rent constituting property taxes" means 17 percent of the gross rent actually |
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| 311 | + | 10.12paid in cash, or its equivalent, or the portion of rent paid in lieu of property taxes, in any |
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| 312 | + | 10.13taxable year by a claimant for the right of occupancy of the claimant's Minnesota homestead |
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| 313 | + | 10.14in the taxable year, and which rent constitutes the basis, in the succeeding taxable year of |
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| 314 | + | 10.15a claim for a credit under this section by the claimant. If an individual occupies a homestead |
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| 315 | + | 10.16with another person or persons not related to the individual as the individual's spouse or as |
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| 316 | + | 10.17dependents, and the other person or persons are residing at the homestead under a rental or |
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| 317 | + | 10.18lease agreement with the individual, the amount of rent constituting property tax for the |
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| 318 | + | 10.19individual equals that portion not covered by the rental agreement. |
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| 319 | + | 10.20 EFFECTIVE DATE.This section is effective for taxable years beginning after December |
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| 320 | + | 10.2131, 2024. |
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| 321 | + | 10.22Sec. 6. Minnesota Statutes 2024, section 290A.03, subdivision 3, is amended to read: |
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| 322 | + | 10.23 Subd. 3.Income.(a) "Income" means the sum of the following: |
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| 323 | + | 10.24 (1) federal adjusted gross income as defined in the Internal Revenue Code; and |
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| 324 | + | 10.25 (2) the sum of the following amounts to the extent not included in clause (1): |
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| 325 | + | 10.26 (i) all nontaxable income; |
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| 326 | + | 10.27 (ii) the amount of a passive activity loss that is not disallowed as a result of section 469, |
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| 327 | + | 10.28paragraph (i) or (m) of the Internal Revenue Code and the amount of passive activity loss |
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| 328 | + | 10.29carryover allowed under section 469(b) of the Internal Revenue Code; |
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| 329 | + | 10Sec. 6. |
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| 330 | + | S0447-3 3rd EngrossmentSF447 REVISOR RSI 11.1 (iii) an amount equal to the total of any discharge of qualified farm indebtedness of a |
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| 331 | + | 11.2solvent individual excluded from gross income under section 108(g) of the Internal Revenue |
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| 332 | + | 11.3Code; |
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| 333 | + | 11.4 (iv) cash public assistance and relief; |
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| 334 | + | 11.5 (v) any pension or annuity (including railroad retirement benefits, all payments received |
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| 335 | + | 11.6under the federal Social Security Act, Supplemental Security Income, and veterans benefits), |
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| 336 | + | 11.7which was not exclusively funded by the claimant or spouse, or which was funded exclusively |
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| 337 | + | 11.8by the claimant or spouse and which funding payments were excluded from federal adjusted |
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| 338 | + | 11.9gross income in the years when the payments were made; |
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| 339 | + | 11.10 (vi) interest received from the federal or a state government or any instrumentality or |
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| 340 | + | 11.11political subdivision thereof; |
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| 341 | + | 11.12 (vii) workers' compensation; |
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| 342 | + | 11.13 (viii) nontaxable strike benefits; |
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| 343 | + | 11.14 (ix) the gross amounts of payments received in the nature of disability income or sick |
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| 344 | + | 11.15pay as a result of accident, sickness, or other disability, whether funded through insurance |
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| 345 | + | 11.16or otherwise; |
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| 346 | + | 11.17 (x) a lump-sum distribution under section 402(e)(3) of the Internal Revenue Code of |
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| 347 | + | 11.181986, as amended through December 31, 1995; |
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| 348 | + | 11.19 (xi) contributions made by the claimant to an individual retirement account, including |
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| 349 | + | 11.20a qualified voluntary employee contribution; simplified employee pension plan; |
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| 350 | + | 11.21self-employed retirement plan; cash or deferred arrangement plan under section 401(k) of |
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| 351 | + | 11.22the Internal Revenue Code; or deferred compensation plan under section 457 of the Internal |
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| 352 | + | 11.23Revenue Code, to the extent the sum of amounts exceeds the retirement base amount for |
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| 353 | + | 11.24the claimant and spouse; |
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| 354 | + | 11.25 (xii) to the extent not included in federal adjusted gross income, distributions received |
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| 355 | + | 11.26by the claimant or spouse from a traditional or Roth style retirement account or plan; |
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| 356 | + | 11.27 (xiii) nontaxable scholarship or fellowship grants; |
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| 357 | + | 11.28 (xiv) alimony received to the extent not included in the recipient's income; |
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| 358 | + | 11.29 (xv) the amount of deduction allowed under section 220 or 223 of the Internal Revenue |
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| 359 | + | 11.30Code; |
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| 360 | + | 11.31 (xvi) the amount deducted for tuition expenses under section 222 of the Internal Revenue |
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| 361 | + | 11.32Code; and |
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366 | | - | S0447-4 4th EngrossmentSF447 REVISOR RSI 12.1 (xi) contributions made by the claimant to an individual retirement account, including |
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367 | | - | 12.2a qualified voluntary employee contribution; simplified employee pension plan; |
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368 | | - | 12.3self-employed retirement plan; cash or deferred arrangement plan under section 401(k) of |
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369 | | - | 12.4the Internal Revenue Code; or deferred compensation plan under section 457 of the Internal |
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370 | | - | 12.5Revenue Code, to the extent the sum of amounts exceeds the retirement base amount for |
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371 | | - | 12.6the claimant and spouse; |
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372 | | - | 12.7 (xii) to the extent not included in federal adjusted gross income, distributions received |
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373 | | - | 12.8by the claimant or spouse from a traditional or Roth style retirement account or plan; |
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374 | | - | 12.9 (xiii) nontaxable scholarship or fellowship grants; |
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375 | | - | 12.10 (xiv) alimony received to the extent not included in the recipient's income; |
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376 | | - | 12.11 (xv) the amount of deduction allowed under section 220 or 223 of the Internal Revenue |
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377 | | - | 12.12Code; |
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378 | | - | 12.13 (xvi) the amount deducted for tuition expenses under section 222 of the Internal Revenue |
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379 | | - | 12.14Code; and |
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380 | | - | 12.15 (xvii) the amount deducted for certain expenses of elementary and secondary school |
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381 | | - | 12.16teachers under section 62(a)(2)(D) of the Internal Revenue Code. |
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382 | | - | 12.17 In the case of an individual who files an income tax return on a fiscal year basis, the |
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383 | | - | 12.18term "federal adjusted gross income" shall mean federal adjusted gross income reflected in |
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384 | | - | 12.19the fiscal year ending in the calendar year. Federal adjusted gross income shall not be reduced |
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385 | | - | 12.20by the amount of a net operating loss carryback or carryforward or a capital loss carryback |
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386 | | - | 12.21or carryforward allowed for the year. |
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387 | | - | 12.22 (b) "Income" does not include: |
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388 | | - | 12.23 (1) amounts excluded pursuant to the Internal Revenue Code, sections 101(a) and 102; |
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389 | | - | 12.24 (2) amounts of any pension or annuity which was exclusively funded by the claimant |
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390 | | - | 12.25or spouse and which funding payments were not excluded from federal adjusted gross |
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391 | | - | 12.26income in the years when the payments were made; |
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392 | | - | 12.27 (3) to the extent included in federal adjusted gross income, amounts contributed by the |
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393 | | - | 12.28claimant or spouse to a traditional or Roth style retirement account or plan, but not to exceed |
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394 | | - | 12.29the retirement base amount reduced by the amount of contributions excluded from federal |
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395 | | - | 12.30adjusted gross income, but not less than zero; |
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396 | | - | 12.31 (4) surplus food or other relief in kind supplied by a governmental agency; |
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397 | | - | 12.32 (5) relief granted under this chapter; |
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| 363 | + | S0447-3 3rd EngrossmentSF447 REVISOR RSI 12.1 (xvii) the amount deducted for certain expenses of elementary and secondary school |
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| 364 | + | 12.2teachers under section 62(a)(2)(D) of the Internal Revenue Code. |
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| 365 | + | 12.3 In the case of an individual who files an income tax return on a fiscal year basis, the |
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| 366 | + | 12.4term "federal adjusted gross income" shall mean federal adjusted gross income reflected in |
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| 367 | + | 12.5the fiscal year ending in the calendar year. Federal adjusted gross income shall not be reduced |
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| 368 | + | 12.6by the amount of a net operating loss carryback or carryforward or a capital loss carryback |
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| 369 | + | 12.7or carryforward allowed for the year. |
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| 370 | + | 12.8 (b) "Income" does not include: |
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| 371 | + | 12.9 (1) amounts excluded pursuant to the Internal Revenue Code, sections 101(a) and 102; |
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| 372 | + | 12.10 (2) amounts of any pension or annuity which was exclusively funded by the claimant |
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| 373 | + | 12.11or spouse and which funding payments were not excluded from federal adjusted gross |
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| 374 | + | 12.12income in the years when the payments were made; |
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| 375 | + | 12.13 (3) to the extent included in federal adjusted gross income, amounts contributed by the |
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| 376 | + | 12.14claimant or spouse to a traditional or Roth style retirement account or plan, but not to exceed |
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| 377 | + | 12.15the retirement base amount reduced by the amount of contributions excluded from federal |
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| 378 | + | 12.16adjusted gross income, but not less than zero; |
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| 379 | + | 12.17 (4) surplus food or other relief in kind supplied by a governmental agency; |
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| 380 | + | 12.18 (5) relief granted under this chapter; |
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| 381 | + | 12.19 (6) child support payments received under a temporary or final decree of dissolution or |
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| 382 | + | 12.20legal separation; |
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| 383 | + | 12.21 (7) restitution payments received by eligible individuals and excludable interest as |
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| 384 | + | 12.22defined in section 803 of the Economic Growth and Tax Relief Reconciliation Act of 2001, |
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| 385 | + | 12.23Public Law 107-16; |
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| 386 | + | 12.24 (8) alimony paid; or |
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| 387 | + | 12.25 (9) veterans disability compensation paid under title 38 of the United States Code; or |
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| 388 | + | 12.26 (10) to the extent included in federal adjusted gross income, the amount of consumer |
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| 389 | + | 12.27enforcement public compensation received as a distribution to an eligible consumer under |
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| 390 | + | 12.28section 8.37, subdivision 5. |
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| 391 | + | 12.29 (c) The sum of the following amounts may be subtracted from income: |
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| 392 | + | 12.30 (1) for the claimant's first dependent, the exemption amount multiplied by 1.4; |
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| 393 | + | 12.31 (2) for the claimant's second dependent, the exemption amount multiplied by 1.3; |
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399 | | - | S0447-4 4th EngrossmentSF447 REVISOR RSI 13.1 (6) child support payments received under a temporary or final decree of dissolution or |
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400 | | - | 13.2legal separation; |
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401 | | - | 13.3 (7) restitution payments received by eligible individuals and excludable interest as |
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402 | | - | 13.4defined in section 803 of the Economic Growth and Tax Relief Reconciliation Act of 2001, |
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403 | | - | 13.5Public Law 107-16; |
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404 | | - | 13.6 (8) alimony paid; or |
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405 | | - | 13.7 (9) veterans disability compensation paid under title 38 of the United States Code; or |
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406 | | - | 13.8 (10) to the extent included in federal adjusted gross income, the amount of consumer |
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407 | | - | 13.9enforcement public compensation received as a distribution to an eligible consumer under |
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408 | | - | 13.10section 8.37, subdivision 5. |
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409 | | - | 13.11 (c) The sum of the following amounts may be subtracted from income: |
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410 | | - | 13.12 (1) for the claimant's first dependent, the exemption amount multiplied by 1.4; |
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411 | | - | 13.13 (2) for the claimant's second dependent, the exemption amount multiplied by 1.3; |
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412 | | - | 13.14 (3) for the claimant's third dependent, the exemption amount multiplied by 1.2; |
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413 | | - | 13.15 (4) for the claimant's fourth dependent, the exemption amount multiplied by 1.1; |
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414 | | - | 13.16 (5) for the claimant's fifth dependent, the exemption amount; and |
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415 | | - | 13.17 (6) if the claimant or claimant's spouse had a disability or attained the age of 65 on or |
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416 | | - | 13.18before December 31 of the year for which the taxes were levied, the exemption amount. |
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417 | | - | 13.19 (d) For purposes of this subdivision, the following terms have the meanings given: |
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418 | | - | 13.20 (1) "exemption amount" means the exemption amount under section 290.0121, |
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419 | | - | 13.21subdivision 1, paragraph (b), for the taxable year for which the income is reported; |
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420 | | - | 13.22 (2) "retirement base amount" means the deductible amount for the taxable year for the |
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421 | | - | 13.23claimant and spouse under section 219(b)(5)(A) of the Internal Revenue Code, adjusted for |
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422 | | - | 13.24inflation as provided in section 219(b)(5)(C) of the Internal Revenue Code, without regard |
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423 | | - | 13.25to whether the claimant or spouse claimed a deduction; and |
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424 | | - | 13.26 (3) "traditional or Roth style retirement account or plan" means retirement plans under |
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425 | | - | 13.27sections 401, 403, 408, 408A, and 457 of the Internal Revenue Code. |
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426 | | - | 13.28 EFFECTIVE DATE.This section is effective for claims based on property taxes payable |
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427 | | - | 13.29in 2026 and following years. |
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| 395 | + | S0447-3 3rd EngrossmentSF447 REVISOR RSI 13.1 (3) for the claimant's third dependent, the exemption amount multiplied by 1.2; |
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| 396 | + | 13.2 (4) for the claimant's fourth dependent, the exemption amount multiplied by 1.1; |
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| 397 | + | 13.3 (5) for the claimant's fifth dependent, the exemption amount; and |
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| 398 | + | 13.4 (6) if the claimant or claimant's spouse had a disability or attained the age of 65 on or |
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| 399 | + | 13.5before December 31 of the year for which the taxes were levied, the exemption amount. |
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| 400 | + | 13.6 (d) For purposes of this subdivision, the following terms have the meanings given: |
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| 401 | + | 13.7 (1) "exemption amount" means the exemption amount under section 290.0121, |
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| 402 | + | 13.8subdivision 1, paragraph (b), for the taxable year for which the income is reported; |
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| 403 | + | 13.9 (2) "retirement base amount" means the deductible amount for the taxable year for the |
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| 404 | + | 13.10claimant and spouse under section 219(b)(5)(A) of the Internal Revenue Code, adjusted for |
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| 405 | + | 13.11inflation as provided in section 219(b)(5)(C) of the Internal Revenue Code, without regard |
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| 406 | + | 13.12to whether the claimant or spouse claimed a deduction; and |
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| 407 | + | 13.13 (3) "traditional or Roth style retirement account or plan" means retirement plans under |
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| 408 | + | 13.14sections 401, 403, 408, 408A, and 457 of the Internal Revenue Code. |
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| 409 | + | 13.15 EFFECTIVE DATE.This section is effective for claims based on property taxes payable |
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| 410 | + | 13.16in 2026 and following years. |
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