Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF447 Compare Versions

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11 1.1 A bill for an act​
22 1.2 relating to commerce; establishing a consumer protection restitution account;​
33 1.3 excluding consumer enforcement public compensation payments from certain​
4-1.4 calculations of income; classifying certain data as public; requiring a report;​
5-1.5 appropriating money; amending Minnesota Statutes 2024, sections 8.31, subdivision​
6-1.6 2c; 16A.151, subdivision 2; 290.0132, by adding a subdivision; 290.0693,​
7-1.7 subdivision 1; 290A.03, subdivision 3; proposing coding for new law in Minnesota​
8-1.8 Statutes, chapter 8.​
9-1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
10-1.10 Section 1. Minnesota Statutes 2024, section 8.31, subdivision 2c, is amended to read:​
11-1.11 Subd. 2c.Undistributed money to general fund consumer protection restitution​
12-1.12account.If a court of competent jurisdiction finds that a sum recovered under this section​
13-1.13for the benefit of injured persons cannot reasonably be distributed to the victims, because​
14-1.14the victims cannot readily be located or identified, or because the cost of distributing the​
15-1.15money would outweigh the benefit to the victims, then the court may order that the money​
16-1.16be paid into the general fund. All sums recovered must be deposited into the state treasury​
17-1.17and credited to the general fund or attorney general must deposit the money in the consumer​
18-1.18protection restitution account under section 8.37. Consumer enforcement public compensation​
19-1.19that the attorney general attempts to distribute to an eligible consumer, but that is not​
20-1.20redeemed by the consumer within 120 days, may be redeposited in the account. For purposes​
21-1.21of this subdivision, "consumer enforcement public compensation" and "eligible consumer"​
22-1.22have the meanings given in section 8.37, subdivision 2.​
4+1.4 calculations of income; requiring a report; appropriating money; amending​
5+1.5 Minnesota Statutes 2024, sections 8.31, subdivision 2c; 16A.151, subdivision 2;​
6+1.6 290.0132, by adding a subdivision; 290.0693, subdivision 1; 290A.03, subdivision​
7+1.7 3; proposing coding for new law in Minnesota Statutes, chapter 8.​
8+1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
9+1.9 Section 1. Minnesota Statutes 2024, section 8.31, subdivision 2c, is amended to read:​
10+1.10 Subd. 2c.Undistributed money to general fund consumer protection restitution​
11+1.11account.If a court of competent jurisdiction finds that a sum recovered under this section​
12+1.12for the benefit of injured persons cannot reasonably be distributed to the victims, because​
13+1.13the victims cannot readily be located or identified, or because the cost of distributing the​
14+1.14money would outweigh the benefit to the victims, then the court may order that the money​
15+1.15be paid into the general fund. All sums recovered must be deposited into the state treasury​
16+1.16and credited to the general fund or attorney general must deposit the money in the consumer​
17+1.17protection restitution account under section 8.37. Consumer enforcement public compensation​
18+1.18that the attorney general attempts to distribute to an eligible consumer, but that is not​
19+1.19redeemed by the consumer within 120 days, may be redeposited in the account. For purposes​
20+1.20of this subdivision, "consumer enforcement public compensation" and "eligible consumer"​
21+1.21have the meanings given in section 8.37, subdivision 2.​
2322 1​Section 1.​
24-S0447-4 4th Engrossment​SF447 REVISOR RSI​
23+S0447-3 3rd Engrossment​SF447 REVISOR RSI​
2524 SENATE​
2625 STATE OF MINNESOTA​
2726 S.F. No. 447​NINETY-FOURTH SESSION​
2827 (SENATE AUTHORS: REST, Carlson, Koran, Klein and Dornink)​
2928 OFFICIAL STATUS​D-PG​DATE​
3029 Introduction and first reading​136​01/21/2025​
3130 Referred to Commerce and Consumer Protection​
3231 Author added Dornink​199​01/27/2025​
3332 Comm report: To pass as amended and re-refer to State and Local Government​595a​03/03/2025​
3433 Comm report: To pass as amended and re-refer to Judiciary and Public Safety​733a​03/13/2025​
35-Comm report: To pass as amended and re-refer to Finance​884a​03/20/2025​
36-Comm report: To pass as amended and re-refer to Taxes​04/03/2025​ 2.1 Sec. 2. [8.37] CONSUMER PROTECTION RESTITUTION ACCOUNT.​
34+Comm report: To pass as amended and re-refer to Finance​03/20/2025​ 2.1 Sec. 2. [8.37] CONSUMER PROTECTION RESTITUTION ACCOUNT.​
3735 2.2 Subdivision 1.Creation of account.The consumer protection restitution account is​
3836 2.3established in the special revenue fund. Money in the account is appropriated annually to​
3937 2.4the attorney general for the purposes provided under subdivision 4.​
4038 2.5 Subd. 2.Definitions.(a) The definitions in this subdivision apply to this section.​
4139 2.6 (b) "Account" means the consumer protection restitution account established under this​
4240 2.7section.​
4341 2.8 (c) "Account administrator" means a person appointed by the attorney general as an​
4442 2.9account administrator under this section.​
4543 2.10 (d) "Consumer enforcement action" means litigation in any forum, or settlement of a​
4644 2.11matter that could have resulted in litigation, by the attorney general in whole or in part under​
4745 2.12(1) the authority of the attorney general provided in section 8.31, or (2) other authority​
4846 2.13granted to the attorney general by law to obtain the remedies provided in section 8.31.​
4947 2.14 (e) "Consumer enforcement public compensation" means money awarded or recovered​
5048 2.15in a consumer enforcement action to vindicate public interests by providing restitution or​
5149 2.16other compensation to persons directly impacted by unlawful acts and practices that are the​
5250 2.17subject of the consumer enforcement action.​
5351 2.18 (f) "Court-appointed administrator" means an administrator appointed by a court under​
5452 2.19section 8.31, subdivision 3c.​
5553 2.20 (g) "Eligible consumer" means a person who was directly impacted by unlawful acts​
5654 2.21and practices that are the subject of a consumer enforcement action and, as a result, is eligible​
5755 2.22to receive consumer enforcement public compensation under a final order.​
5856 2.23 (h) "Final order" means a judgment, assurance of discontinuance, consent order,​
5957 2.24settlement, stipulation, or other order or settlement that is no longer appealable and for​
6058 2.25which no appeals are pending. A final order does not include any judgment, assurance of​
6159 2.26discontinuance, consent order, settlement, stipulation, or other order or settlement entered​
6260 2.27into before July 1, 2023.​
6361 2.28 (i) "Identified amount of unpaid consumer enforcement public compensation" means a​
6462 2.29specific amount of consumer enforcement public compensation that the attorney general,​
6563 2.30court-appointed administrator, or fund administrator has determined a specific eligible​
6664 2.31consumer is entitled to receive following a final order in a consumer enforcement action​
6765 2.32and that has not been distributed to the specific eligible consumer.​
6866 2​Sec. 2.​
69-S0447-4 4th Engrossment​SF447 REVISOR RSI​ 3.1 Subd. 3.Money deposited in the account.50 percent of all money recovered by the​
67+S0447-3 3rd Engrossment​SF447 REVISOR RSI​ 3.1 Subd. 3.Money deposited in the account.50 percent of all money recovered by the​
7068 3.2attorney general in a consumer enforcement action that is payable to the state and not​
7169 3.3designated as consumer enforcement public compensation or for another specific purpose​
7270 3.4up to the first $1,000,000 each fiscal year must be deposited into the account. The remaining​
7371 3.550 percent of money recovered by the attorney general in a consumer enforcement action​
7472 3.6that is payable to the state and not designated as consumer enforcement public compensation​
7573 3.7or for another specific purpose must be deposited into the general fund. For purposes of​
7674 3.8this subdivision, the amount of money recovered in a consumer enforcement action that​
7775 3.9must be deposited into the fund is determined at the time when the money otherwise would​
7876 3.10have been deposited into the general fund.​
7977 3.11 Subd. 4.Permissible use of account.Money in the account must be used only to​
8078 3.12distribute consumer enforcement action public compensation to eligible consumers under​
8179 3.13subdivision 5 and for costs to administer the account. The costs to administer the account​
8280 3.14may include the cost to retain for any permissible purpose an account administrator or​
8381 3.15court-appointed administrator but must not exceed three percent of the total amount of​
8482 3.16money available. The attorney general may pay an account administrator from the account​
8583 3.17if the account contains excess money.​
86-3.18 Subd. 5.Distributions to eligible consumers.(a) Money in the account may be​
87-3.19distributed to any eligible consumer with an identified amount of unpaid consumer​
88-3.20enforcement public compensation. If the amount of money in the account is insufficient to​
89-3.21pay all distributions to eligible consumers with an identified amount of unpaid consumer​
90-3.22enforcement public compensation, the money must be distributed first to consumers eligible​
91-3.23for unpaid consumer enforcement public compensation based on a consumer enforcement​
92-3.24action with a final order of the oldest date.​
93-3.25 (b) If the attorney general projects that there will be insufficient funding to pay all eligible
94-3.26consumers from the funds available on an ongoing basis, the attorney general may​
95-3.27recommend to the legislature that the legislature prescribe a formula for prorating or capping
96-3.28payments to eligible consumers so that more eligible consumers will receive payment from
97-3.29the fund.
98-3.30 Subd. 6.Impractical payments and unreasonable effort as to unpaid
99-3.31compensation.(a) The attorney general may deem a distribution to an eligible consumer
100-3.32with an identified amount of unpaid consumer enforcement public compensation impractical
101-3.33if:
84+3.18 Subd. 5.Distributions to eligible consumers.Money in the account may be distributed
85+3.19to any eligible consumer with an identified amount of unpaid consumer enforcement public
86+3.20compensation. If the amount of money in the account is insufficient to pay all distributions
87+3.21to eligible consumers with an identified amount of unpaid consumer enforcement public
88+3.22compensation, the money must be distributed first to consumers eligible for unpaid consumer
89+3.23enforcement public compensation based on a consumer enforcement action with a final
90+3.24order of the oldest date.​
91+3.25 Subd. 6.Impractical payments and unreasonable effort as to unpaid
92+3.26compensation.(a) The attorney general may deem a distribution to an eligible consumer
93+3.27with an identified amount of unpaid consumer enforcement public compensation impractical
94+3.28if:
95+3.29 (1) the distribution to the eligible consumer is too small to justify the cost to locate the
96+3.30eligible consumer or make the payment;
97+3.31 (2) the eligible consumer does not redeem a payment within a reasonable time; or
98+3.32 (3) other circumstances make distributing the unpaid consumer enforcement compensation​
99+3.33to the eligible consumer unreasonable.
102100 3​Sec. 2.​
103-S0447-4 4th Engrossment​SF447 REVISOR RSI​ 4.1 (1) the distribution to the eligible consumer is too small to justify the cost to locate the
104-4.2eligible consumer or make the payment;
105-4.3 (2) the eligible consumer does not redeem a payment within a reasonable time; or
106-4.4 (3) other circumstances make distributing the unpaid consumer enforcement compensation
107-4.5to the eligible consumer unreasonable.
108-4.6 (b) The attorney general may deem an attempt to determine an identified amount of
109-4.7unpaid consumer enforcement public compensation for some or all eligible consumers​
110-4.8relating to a consumer enforcement action is unreasonable when the judgment, assurance
111-4.9of discontinuance, consent order, settlement, stipulation, or other order or settlement does
112-4.10not identify specific amounts of consumer enforcement public compensation for specific
113-4.11consumers if:
114-4.12 (1) the number of likely eligible consumers and the amount of likely unpaid consumer
115-4.13enforcement public compensation is too small to justify the cost to determine an identified
116-4.14amount of unpaid consumer enforcement public compensation;
117-4.15 (2) the information needed to identify an amount of unpaid consumer enforcement public​
118-4.16compensation is unavailable or too costly to obtain; or
119-4.17 (3) other circumstances make an attempt to determine an identified amount of unpaid​
120-4.18consumer enforcement public compensation unreasonable.
121-4.19 Subd. 7.Concluded distributions.The attorney general must stop providing distributions
122-4.20of unpaid consumer enforcement public compensation relating to a consumer enforcement
123-4.21action when the attorney general determines:
124-4.22 (1) all eligible consumers with an identified amount of unpaid consumer enforcement​
125-4.23public compensation for the consumer enforcement action have received a distribution
126-4.24through the account or the distribution has been deemed impractical under subdivision 6,
127-4.25paragraph (a); and
128-4.26 (2) no additional eligible consumers with unpaid consumer enforcement public
129-4.27compensation for the consumer enforcement action exist or the attorney general has deemed
130-4.28identifying unpaid compensation under subdivision 6, paragraph (b), unreasonable.
131-4.29 Subd. 8.Annual report.(a) The attorney general must publish on the attorney general's
132-4.30website an annual report identifying the following information for the annual period:
133-4.31 (1) the consumer enforcement actions resulting in payment of money to the account and​
134-4.32the amount of money paid to the account for each consumer enforcement action;​
101+S0447-3 3rd Engrossment​SF447 REVISOR RSI​ 4.1 (b) The attorney general may deem an attempt to determine an identified amount of
102+4.2unpaid consumer enforcement public compensation for some or all eligible consumers
103+4.3relating to a consumer enforcement action is unreasonable when the judgment, assurance
104+4.4of discontinuance, consent order, settlement, stipulation, or other order or settlement does
105+4.5not identify specific amounts of consumer enforcement public compensation for specific
106+4.6consumers if:
107+4.7 (1) the number of likely eligible consumers and the amount of likely unpaid consumer
108+4.8enforcement public compensation is too small to justify the cost to determine an identified
109+4.9amount of unpaid consumer enforcement public compensation;
110+4.10 (2) the information needed to identify an amount of unpaid consumer enforcement public​
111+4.11compensation is unavailable or too costly to obtain; or
112+4.12 (3) other circumstances make an attempt to determine an identified amount of unpaid​
113+4.13consumer enforcement public compensation unreasonable.
114+4.14 Subd. 7.Concluded distributions.The attorney general must stop providing distributions
115+4.15of unpaid consumer enforcement public compensation relating to a consumer enforcement
116+4.16action when the attorney general determines:
117+4.17 (1) all eligible consumers with an identified amount of unpaid consumer enforcement
118+4.18public compensation for the consumer enforcement action have received a distribution
119+4.19through the account or the distribution has been deemed impractical under subdivision 6,
120+4.20paragraph (a); and
121+4.21 (2) no additional eligible consumers with unpaid consumer enforcement public
122+4.22compensation for the consumer enforcement action exist or the attorney general has deemed
123+4.23identifying unpaid compensation under subdivision 6, paragraph (b), unreasonable.
124+4.24 Subd. 8.Annual report.(a) The attorney general must publish on the attorney general's
125+4.25website an annual report identifying the following information for the annual period:
126+4.26 (1) the consumer enforcement actions resulting in payment of money to the account and
127+4.27the amount of money paid to the account for each consumer enforcement action;
128+4.28 (2) the consumer enforcement actions for which distributions were made to eligible
129+4.29consumers and the amount of money distributed for each consumer enforcement action;
130+4.30 (3) the consumer enforcement actions for which there are eligible consumers awaiting
131+4.31distribution from the account and the amount of money for which those eligible consumers
132+4.32are awaiting distribution for each consumer enforcement action;​
135133 4​Sec. 2.​
136-S0447-4 4th Engrossment​SF447 REVISOR RSI​ 5.1 (2) the consumer enforcement actions for which distributions were made to eligible​
137-5.2consumers, the amount of money distributed for each consumer enforcement action, and​
138-5.3the amount of money distributed to each eligible consumer;​
139-5.4 (3) the consumer enforcement actions for which there are eligible consumers awaiting​
140-5.5distribution from the account and the amount of money for which those eligible consumers​
141-5.6are awaiting distribution for each consumer enforcement action;​
142-5.7 (4) the consumer enforcement actions for which the attorney general has concluded​
143-5.8account distribution;​
144-5.9 (5) the consumer enforcement actions in which the attorney general determined that​
145-5.10some or all eligible compensation was impractical to distribute or unreasonable to determine​
146-5.11under subdivision 6;​
147-5.12 (6) a summary of the unlawful acts and practices that directly impacted an eligible​
148-5.13consumer and a description of the public interests vindicated by a distribution from the​
149-5.14account;​
150-5.15 (7) all administrative policies that apply to the account, including any policies that​
151-5.16determine priorities for distribution of money;​
152-5.17 (8) the number of employees working on the account; and​
153-5.18 (9) the cost incurred to administer the account.​
154-5.19 (b) The attorney general must provide the report to the chairs and ranking minority​
155-5.20members of the legislative committees with jurisdiction over state government, commerce,​
156-5.21and judiciary.​
157-5.22 Subd. 9.Account administrator.(a) The attorney general may appoint an administrator​
158-5.23for any of the following purposes:​
159-5.24 (1) determining identified amounts of unpaid consumer enforcement public compensation​
160-5.25for eligible consumers;​
161-5.26 (2) collecting money that can be deposited, in whole or in part, to the account;​
162-5.27 (3) distributing money to eligible consumers; or​
163-5.28 (4) any other costs to administer the account.​
164-5.29 (b) The attorney general may appoint more than one account administrator.​
165-5.30 Subd. 10.No private right of action.A person does not have a private right of action​
166-5.31with respect to a payment from the account or administration of the account.​
167-5​Sec. 2.​
168-S0447-4 4th Engrossment​SF447 REVISOR RSI​ 6.1 Subd. 11.Collection efforts unaffected.The distribution of money from the account​
169-6.2to eligible consumers does not affect the attorney general's authority to collect, satisfy, or​
170-6.3enforce final orders against persons ordered to pay consumer enforcement public​
171-6.4compensation to eligible consumers in the final order. To the extent the attorney general​
172-6.5collects consumer enforcement public compensation pursuant to a final order after money​
173-6.6has been distributed from the account to eligible consumers that are the subject of that final​
174-6.7order, the collected consumer enforcement public compensation must be deposited in the​
175-6.8account in an amount equal to the prior account distribution.​
176-6.9 Subd. 12.Data classification.Notwithstanding section 13.65, informal or formal policies​
177-6.10relating to the account are public data on individuals, as defined in section 13.02, subdivision​
178-6.1115, and public data not on individuals, as defined by section 13.02, subdivision 14.​
179-6.12 Sec. 3. Minnesota Statutes 2024, section 16A.151, subdivision 2, is amended to read:​
180-6.13 Subd. 2.Exceptions.(a) If a state official litigates or settles a matter on behalf of specific​
181-6.14injured persons or entities, this section does not prohibit distribution of money to the specific​
182-6.15injured persons or entities on whose behalf the litigation or settlement efforts were initiated.​
183-6.16If money recovered on behalf of injured persons or entities cannot reasonably be distributed​
184-6.17to those persons or entities because they cannot readily be located or identified or because​
185-6.18the cost of distributing the money would outweigh the benefit to the persons or entities, the​
186-6.19money must be paid into the general fund.​
187-6.20 (b) Money recovered on behalf of a fund in the state treasury other than the general fund​
188-6.21may be deposited in that fund.​
189-6.22 (c) This section does not prohibit a state official from distributing money to a person or​
190-6.23entity other than the state in litigation or potential litigation in which the state is a defendant​
191-6.24or potential defendant.​
192-6.25 (d) State agencies may accept funds as directed by a federal court for any restitution or​
193-6.26monetary penalty under United States Code, title 18, section 3663(a)(3), or United States​
194-6.27Code, title 18, section 3663A(a)(3). Funds received must be deposited in a special revenue​
195-6.28account and are appropriated to the commissioner of the agency for the purpose as directed​
196-6.29by the federal court.​
197-6.30 (e) Tobacco settlement revenues as defined in section 16A.98, subdivision 1, paragraph​
198-6.31(t), may be deposited as provided in section 16A.98, subdivision 12.​
199-6.32 (f) (e) Any money received by the state resulting from a settlement agreement or an​
200-6.33assurance of discontinuance entered into by the attorney general of the state, or a court order​
134+S0447-3 3rd Engrossment​SF447 REVISOR RSI​ 5.1 (4) the consumer enforcement actions for which the attorney general has concluded​
135+5.2account distribution;​
136+5.3 (5) the consumer enforcement actions in which the attorney general determined that​
137+5.4some or all eligible compensation was impractical to distribute or unreasonable to determine​
138+5.5under subdivision 6; and​
139+5.6 (6) the cost incurred to administer the account.​
140+5.7 (b) The attorney general must provide the report to the chairs and ranking minority​
141+5.8members of the legislative committees with jurisdiction over the consumer protection​
142+5.9restitution account.​
143+5.10 Subd. 9.Account administrator.(a) The attorney general may appoint an administrator​
144+5.11for any of the following purposes:​
145+5.12 (1) determining identified amounts of unpaid consumer enforcement public compensation​
146+5.13for eligible consumers;​
147+5.14 (2) collecting money that can be deposited, in whole or in part, to the account;​
148+5.15 (3) distributing money to eligible consumers; or​
149+5.16 (4) any other costs to administer the account.​
150+5.17 (b) The attorney general may appoint more than one account administrator.​
151+5.18 Subd. 10.No private right of action.A person does not have a private right of action​
152+5.19with respect to a payment from the account or administration of the account.​
153+5.20 Subd. 11.Collection efforts unaffected.The distribution of money from the account​
154+5.21to eligible consumers does not affect the attorney general's authority to collect, satisfy, or​
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​
157+5.24collects consumer enforcement public compensation pursuant to a final order after money​
158+5.25has been distributed from the account to eligible consumers that are the subject of that final​
159+5.26order, the collected consumer enforcement public compensation must be deposited in the​
160+5.27account in an amount equal to the prior account distribution.​
161+5.28 Sec. 3. Minnesota Statutes 2024, section 16A.151, subdivision 2, is amended to read:​
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​
164+5.31injured persons or entities on whose behalf the litigation or settlement efforts were initiated.​
165+5​Sec. 3.​
166+S0447-3 3rd Engrossment​SF447 REVISOR RSI​ 6.1If money recovered on behalf of injured persons or entities cannot reasonably be distributed​
167+6.2to those persons or entities because they cannot readily be located or identified or because​
168+6.3the cost of distributing the money would outweigh the benefit to the persons or entities, the​
169+6.4money must be paid into the general fund.​
170+6.5 (b) Money recovered on behalf of a fund in the state treasury other than the general fund​
171+6.6may be deposited in that fund.​
172+6.7 (c) This section does not prohibit a state official from distributing money to a person or​
173+6.8entity other than the state in litigation or potential litigation in which the state is a defendant​
174+6.9or potential defendant.​
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​
177+6.12Code, title 18, section 3663A(a)(3). Funds received must be deposited in a special revenue​
178+6.13account and are appropriated to the commissioner of the agency for the purpose as directed​
179+6.14by the federal court.​
180+6.15 (e) Tobacco settlement revenues as defined in section 16A.98, subdivision 1, paragraph​
181+6.16(t), may be deposited as provided in section 16A.98, subdivision 12.​
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​
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.​
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​
201200 6​Sec. 3.​
202-S0447-4 4th Engrossment​SF447 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 Engrossment​SF447 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​
237235 7​Sec. 3.​
238-S0447-4 4th Engrossment​SF447 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:​
271-8​Sec. 3.​
272-S0447-4 4th Engrossment​SF447 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 Engrossment​SF447 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+8​Sec. 4.​
269+S0447-3 3rd Engrossment​SF447 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:​
302299 9​Sec. 5.​
303-S0447-4 4th Engrossment​SF447 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 Engrossment​SF447 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 Engrossment​SF447 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.​
305+10.6 (3) for the taxpayer's third dependent, the exemption amount multiplied by 1.2;
306+10.7 (4) for the taxpayer's fourth dependent, the exemption amount multiplied by 1.1;
307+10.8 (5) for the taxpayer's fifth dependent, the exemption amount; and
308+10.9 (6) if the taxpayer or taxpayer's spouse had a disability or attained the age of 65 on or
309+10.10before the close of the taxable year, the exemption amount.​
310+10.11 (j) (k) "Rent constituting property taxes" means 17 percent of the gross rent actually
311+10.12paid in cash, or its equivalent, or the portion of rent paid in lieu of property taxes, in any
312+10.13taxable year by a claimant for the right of occupancy of the claimant's Minnesota homestead
313+10.14in the taxable year, and which rent constitutes the basis, in the succeeding taxable year of
314+10.15a claim for a credit under this section by the claimant. If an individual occupies a homestead
315+10.16with another person or persons not related to the individual as the individual's spouse or as
316+10.17dependents, and the other person or persons are residing at the homestead under a rental or
317+10.18lease agreement with the individual, the amount of rent constituting property tax for the
318+10.19individual equals that portion not covered by the rental agreement.​
319+10.20 EFFECTIVE DATE.This section is effective for taxable years beginning after December
320+10.2131, 2024.​
321+10.22Sec. 6. Minnesota Statutes 2024, section 290A.03, subdivision 3, is amended to read:
322+10.23 Subd. 3.Income.(a) "Income" means the sum of the following:
323+10.24 (1) federal adjusted gross income as defined in the Internal Revenue Code; and
324+10.25 (2) the sum of the following amounts to the extent not included in clause (1):
325+10.26 (i) all nontaxable income;
326+10.27 (ii) the amount of a passive activity loss that is not disallowed as a result of section 469,
327+10.28paragraph (i) or (m) of the Internal Revenue Code and the amount of passive activity loss
328+10.29carryover allowed under section 469(b) of the Internal Revenue Code;
329+10​Sec. 6.
330+S0447-3 3rd Engrossment​SF447 REVISOR RSI​ 11.1 (iii) an amount equal to the total of any discharge of qualified farm indebtedness of a​
331+11.2solvent individual excluded from gross income under section 108(g) of the Internal Revenue
332+11.3Code;
333+11.4 (iv) cash public assistance and relief;
334+11.5 (v) any pension or annuity (including railroad retirement benefits, all payments received
335+11.6under the federal Social Security Act, Supplemental Security Income, and veterans benefits),
336+11.7which was not exclusively funded by the claimant or spouse, or which was funded exclusively
337+11.8by the claimant or spouse and which funding payments were excluded from federal adjusted
338+11.9gross income in the years when the payments were made;​
339+11.10 (vi) interest received from the federal or a state government or any instrumentality or
340+11.11political subdivision thereof;​
341+11.12 (vii) workers' compensation;
342+11.13 (viii) nontaxable strike benefits;
343+11.14 (ix) the gross amounts of payments received in the nature of disability income or sick
344+11.15pay as a result of accident, sickness, or other disability, whether funded through insurance
345+11.16or otherwise;
346+11.17 (x) a lump-sum distribution under section 402(e)(3) of the Internal Revenue Code of
347+11.181986, as amended through December 31, 1995;​
348+11.19 (xi) contributions made by the claimant to an individual retirement account, including
349+11.20a qualified voluntary employee contribution; simplified employee pension plan;
350+11.21self-employed retirement plan; cash or deferred arrangement plan under section 401(k) of
351+11.22the Internal Revenue Code; or deferred compensation plan under section 457 of the Internal
352+11.23Revenue Code, to the extent the sum of amounts exceeds the retirement base amount for
353+11.24the claimant and spouse;
354+11.25 (xii) to the extent not included in federal adjusted gross income, distributions received
355+11.26by the claimant or spouse from a traditional or Roth style retirement account or plan;​
356+11.27 (xiii) nontaxable scholarship or fellowship grants;​
357+11.28 (xiv) alimony received to the extent not included in the recipient's income;
358+11.29 (xv) the amount of deduction allowed under section 220 or 223 of the Internal Revenue
359+11.30Code;​
360+11.31 (xvi) the amount deducted for tuition expenses under section 222 of the Internal Revenue​
361+11.32Code; and
365362 11​Sec. 6.​
366-S0447-4 4th Engrossment​SF447 REVISOR RSI​ 12.1 (xi) contributions made by the claimant to an individual retirement account, including​
367-12.2a qualified voluntary employee contribution; simplified employee pension plan;​
368-12.3self-employed retirement plan; cash or deferred arrangement plan under section 401(k) of​
369-12.4the Internal Revenue Code; or deferred compensation plan under section 457 of the Internal​
370-12.5Revenue Code, to the extent the sum of amounts exceeds the retirement base amount for​
371-12.6the claimant and spouse;​
372-12.7 (xii) to the extent not included in federal adjusted gross income, distributions received​
373-12.8by the claimant or spouse from a traditional or Roth style retirement account or plan;​
374-12.9 (xiii) nontaxable scholarship or fellowship grants;​
375-12.10 (xiv) alimony received to the extent not included in the recipient's income;​
376-12.11 (xv) the amount of deduction allowed under section 220 or 223 of the Internal Revenue​
377-12.12Code;​
378-12.13 (xvi) the amount deducted for tuition expenses under section 222 of the Internal Revenue​
379-12.14Code; and​
380-12.15 (xvii) the amount deducted for certain expenses of elementary and secondary school​
381-12.16teachers under section 62(a)(2)(D) of the Internal Revenue Code.​
382-12.17 In the case of an individual who files an income tax return on a fiscal year basis, the​
383-12.18term "federal adjusted gross income" shall mean federal adjusted gross income reflected in​
384-12.19the fiscal year ending in the calendar year. Federal adjusted gross income shall not be reduced​
385-12.20by the amount of a net operating loss carryback or carryforward or a capital loss carryback​
386-12.21or carryforward allowed for the year.​
387-12.22 (b) "Income" does not include:​
388-12.23 (1) amounts excluded pursuant to the Internal Revenue Code, sections 101(a) and 102;​
389-12.24 (2) amounts of any pension or annuity which was exclusively funded by the claimant​
390-12.25or spouse and which funding payments were not excluded from federal adjusted gross​
391-12.26income in the years when the payments were made;​
392-12.27 (3) to the extent included in federal adjusted gross income, amounts contributed by the​
393-12.28claimant or spouse to a traditional or Roth style retirement account or plan, but not to exceed​
394-12.29the retirement base amount reduced by the amount of contributions excluded from federal​
395-12.30adjusted gross income, but not less than zero;​
396-12.31 (4) surplus food or other relief in kind supplied by a governmental agency;​
397-12.32 (5) relief granted under this chapter;​
363+S0447-3 3rd Engrossment​SF447 REVISOR RSI​ 12.1 (xvii) the amount deducted for certain expenses of elementary and secondary school​
364+12.2teachers under section 62(a)(2)(D) of the Internal Revenue Code.​
365+12.3 In the case of an individual who files an income tax return on a fiscal year basis, the​
366+12.4term "federal adjusted gross income" shall mean federal adjusted gross income reflected in​
367+12.5the fiscal year ending in the calendar year. Federal adjusted gross income shall not be reduced​
368+12.6by the amount of a net operating loss carryback or carryforward or a capital loss carryback​
369+12.7or carryforward allowed for the year.​
370+12.8 (b) "Income" does not include:​
371+12.9 (1) amounts excluded pursuant to the Internal Revenue Code, sections 101(a) and 102;​
372+12.10 (2) amounts of any pension or annuity which was exclusively funded by the claimant​
373+12.11or spouse and which funding payments were not excluded from federal adjusted gross​
374+12.12income in the years when the payments were made;​
375+12.13 (3) to the extent included in federal adjusted gross income, amounts contributed by the​
376+12.14claimant or spouse to a traditional or Roth style retirement account or plan, but not to exceed​
377+12.15the retirement base amount reduced by the amount of contributions excluded from federal​
378+12.16adjusted gross income, but not less than zero;​
379+12.17 (4) surplus food or other relief in kind supplied by a governmental agency;​
380+12.18 (5) relief granted under this chapter;​
381+12.19 (6) child support payments received under a temporary or final decree of dissolution or​
382+12.20legal separation;​
383+12.21 (7) restitution payments received by eligible individuals and excludable interest as​
384+12.22defined in section 803 of the Economic Growth and Tax Relief Reconciliation Act of 2001,​
385+12.23Public Law 107-16;​
386+12.24 (8) alimony paid; or​
387+12.25 (9) veterans disability compensation paid under title 38 of the United States Code; or​
388+12.26 (10) to the extent included in federal adjusted gross income, the amount of consumer​
389+12.27enforcement public compensation received as a distribution to an eligible consumer under​
390+12.28section 8.37, subdivision 5.​
391+12.29 (c) The sum of the following amounts may be subtracted from income:​
392+12.30 (1) for the claimant's first dependent, the exemption amount multiplied by 1.4;​
393+12.31 (2) for the claimant's second dependent, the exemption amount multiplied by 1.3;​
398394 12​Sec. 6.​
399-S0447-4 4th Engrossment​SF447 REVISOR RSI​ 13.1 (6) child support payments received under a temporary or final decree of dissolution or​
400-13.2legal separation;​
401-13.3 (7) restitution payments received by eligible individuals and excludable interest as​
402-13.4defined in section 803 of the Economic Growth and Tax Relief Reconciliation Act of 2001,​
403-13.5Public Law 107-16;​
404-13.6 (8) alimony paid; or​
405-13.7 (9) veterans disability compensation paid under title 38 of the United States Code; or​
406-13.8 (10) to the extent included in federal adjusted gross income, the amount of consumer​
407-13.9enforcement public compensation received as a distribution to an eligible consumer under​
408-13.10section 8.37, subdivision 5.​
409-13.11 (c) The sum of the following amounts may be subtracted from income:​
410-13.12 (1) for the claimant's first dependent, the exemption amount multiplied by 1.4;​
411-13.13 (2) for the claimant's second dependent, the exemption amount multiplied by 1.3;​
412-13.14 (3) for the claimant's third dependent, the exemption amount multiplied by 1.2;​
413-13.15 (4) for the claimant's fourth dependent, the exemption amount multiplied by 1.1;​
414-13.16 (5) for the claimant's fifth dependent, the exemption amount; and​
415-13.17 (6) if the claimant or claimant's spouse had a disability or attained the age of 65 on or​
416-13.18before December 31 of the year for which the taxes were levied, the exemption amount.​
417-13.19 (d) For purposes of this subdivision, the following terms have the meanings given:​
418-13.20 (1) "exemption amount" means the exemption amount under section 290.0121,​
419-13.21subdivision 1, paragraph (b), for the taxable year for which the income is reported;​
420-13.22 (2) "retirement base amount" means the deductible amount for the taxable year for the​
421-13.23claimant and spouse under section 219(b)(5)(A) of the Internal Revenue Code, adjusted for​
422-13.24inflation as provided in section 219(b)(5)(C) of the Internal Revenue Code, without regard​
423-13.25to whether the claimant or spouse claimed a deduction; and​
424-13.26 (3) "traditional or Roth style retirement account or plan" means retirement plans under​
425-13.27sections 401, 403, 408, 408A, and 457 of the Internal Revenue Code.​
426-13.28 EFFECTIVE DATE.This section is effective for claims based on property taxes payable​
427-13.29in 2026 and following years.​
395+S0447-3 3rd Engrossment​SF447 REVISOR RSI​ 13.1 (3) for the claimant's third dependent, the exemption amount multiplied by 1.2;​
396+13.2 (4) for the claimant's fourth dependent, the exemption amount multiplied by 1.1;​
397+13.3 (5) for the claimant's fifth dependent, the exemption amount; and​
398+13.4 (6) if the claimant or claimant's spouse had a disability or attained the age of 65 on or​
399+13.5before December 31 of the year for which the taxes were levied, the exemption amount.​
400+13.6 (d) For purposes of this subdivision, the following terms have the meanings given:​
401+13.7 (1) "exemption amount" means the exemption amount under section 290.0121,​
402+13.8subdivision 1, paragraph (b), for the taxable year for which the income is reported;​
403+13.9 (2) "retirement base amount" means the deductible amount for the taxable year for the​
404+13.10claimant and spouse under section 219(b)(5)(A) of the Internal Revenue Code, adjusted for​
405+13.11inflation as provided in section 219(b)(5)(C) of the Internal Revenue Code, without regard​
406+13.12to whether the claimant or spouse claimed a deduction; and​
407+13.13 (3) "traditional or Roth style retirement account or plan" means retirement plans under​
408+13.14sections 401, 403, 408, 408A, and 457 of the Internal Revenue Code.​
409+13.15 EFFECTIVE DATE.This section is effective for claims based on property taxes payable​
410+13.16in 2026 and following years.​
428411 13​Sec. 6.​
429-S0447-4 4th Engrossment​SF447 REVISOR RSI​
412+S0447-3 3rd Engrossment​SF447 REVISOR RSI​