1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to taxation; property; allowing property tax abatement for land bank |
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3 | 3 | | 1.3 property; amending Minnesota Statutes 2024, sections 469.1812, by adding a |
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4 | 4 | | 1.4 subdivision; 469.1813, subdivisions 1, 6, by adding a subdivision. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 469.1812, is amended by adding a subdivision |
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7 | 7 | | 1.7to read: |
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8 | 8 | | 1.8 Subd. 2a.Land bank organization."Land bank organization" means an organization |
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9 | 9 | | 1.9that, at least in part, acquires, holds, or manages vacant, blighted, foreclosed, or tax-forfeited |
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10 | 10 | | 1.10property for future development, redevelopment, or disposal, and that is either: |
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11 | 11 | | 1.11 (1) a nonprofit organization exempt from federal income taxation under section 501(c)(3) |
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12 | 12 | | 1.12of the Internal Revenue Code whose governing board members are elected or appointed by |
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13 | 13 | | 1.13the state of Minnesota, any political subdivision of the state of Minnesota, or an agency of |
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14 | 14 | | 1.14the state of Minnesota or its political subdivisions, or are elected or appointed officials of |
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15 | 15 | | 1.15the state of Minnesota or any of its political subdivisions; or |
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16 | 16 | | 1.16 (2) a limited liability company of which a nonprofit organization described in clause (1) |
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17 | 17 | | 1.17is the sole member. |
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18 | 18 | | 1.18 EFFECTIVE DATE.This section is effective the day following final enactment. |
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19 | 19 | | 1.19 Sec. 2. Minnesota Statutes 2024, section 469.1813, subdivision 1, is amended to read: |
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20 | 20 | | 1.20 Subdivision 1.Authority.The governing body of a political subdivision may grant a |
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21 | 21 | | 1.21current or prospective abatement, by contract or otherwise, of the taxes imposed by the |
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22 | 22 | | 1.22political subdivision on a parcel of property, which may include personal property and |
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23 | 23 | | 1Sec. 2. |
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24 | 24 | | 25-00087 as introduced11/19/24 REVISOR MS/RC |
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25 | 25 | | SENATE |
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26 | 26 | | STATE OF MINNESOTA |
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27 | 27 | | S.F. No. 51NINETY-FOURTH SESSION |
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28 | 28 | | (SENATE AUTHORS: REST, Dibble, Frentz, Weber and Nelson) |
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29 | 29 | | OFFICIAL STATUSD-PGDATE |
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30 | 30 | | Introduction and first reading01/16/2025 |
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31 | 31 | | Referred to Taxes 2.1machinery, or defer the payments of the taxes and abate the interest and penalty that otherwise |
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32 | 32 | | 2.2would apply, if: |
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33 | 33 | | 2.3 (1) it expects the benefits to the political subdivision of the proposed abatement agreement |
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34 | 34 | | 2.4to at least equal the costs to the political subdivision of the proposed agreement or intends |
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35 | 35 | | 2.5the abatement to phase in a property tax increase, as provided in clause (2)(vii); and |
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36 | 36 | | 2.6 (2) it finds that doing so is in the public interest because it will: |
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37 | 37 | | 2.7 (i) increase or preserve tax base; |
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38 | 38 | | 2.8 (ii) provide employment opportunities in the political subdivision; |
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39 | 39 | | 2.9 (iii) provide or help acquire or construct public facilities; |
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40 | 40 | | 2.10 (iv) help redevelop or renew blighted areas; |
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41 | 41 | | 2.11 (v) help provide access to services for residents of the political subdivision; |
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42 | 42 | | 2.12 (vi) finance or provide public infrastructure; |
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43 | 43 | | 2.13 (vii) phase in a property tax increase on the parcel resulting from an increase of 50 |
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44 | 44 | | 2.14percent or more in one year on the estimated market value of the parcel, other than increase |
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45 | 45 | | 2.15attributable to improvement of the parcel; or |
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46 | 46 | | 2.16 (viii) stabilize the tax base through equalization of property tax revenues for a specified |
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47 | 47 | | 2.17period of time with respect to a taxpayer whose real and personal property is subject to |
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48 | 48 | | 2.18valuation under Minnesota Rules, chapter 8100.; |
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49 | 49 | | 2.19 (ix) provide for the development of affordable housing to households at or below 80 |
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50 | 50 | | 2.20percent of area median income as estimated by the United States Department of Housing |
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51 | 51 | | 2.21and Urban Development for the political subdivision in which the project is located; or |
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52 | 52 | | 2.22 (x) allow the property to be held by a land bank organization for future development. |
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53 | 53 | | 2.23 EFFECTIVE DATE.This section is effective the day following final enactment. |
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54 | 54 | | 2.24 Sec. 3. Minnesota Statutes 2024, section 469.1813, subdivision 6, is amended to read: |
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55 | 55 | | 2.25 Subd. 6.Duration limit.(a) A political subdivision may grant an abatement for a period |
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56 | 56 | | 2.26no longer than 15 years, except as provided under paragraph paragraphs (b) and (c). The |
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57 | 57 | | 2.27abatement period commences in the first year in which the abatement granted is either paid |
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58 | 58 | | 2.28or retained in accordance with section 469.1815, subdivision 2. The subdivision may specify |
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59 | 59 | | 2.29in the abatement resolution a shorter duration. If the resolution does not specify a period of |
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60 | 60 | | 2.30time, the abatement is for eight years. If an abatement has been granted to a parcel of property |
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61 | 61 | | 2.31and the period of the abatement has expired, the political subdivision that granted the |
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62 | 62 | | 2Sec. 3. |
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63 | 63 | | 25-00087 as introduced11/19/24 REVISOR MS/RC 3.1abatement may not grant another abatement for eight years after the expiration of the first |
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64 | 64 | | 3.2abatement. This prohibition does not apply to improvements added after and not subject to |
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65 | 65 | | 3.3the first abatement. Economic abatement agreements for real and personal property subject |
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66 | 66 | | 3.4to valuation under Minnesota Rules, chapter 8100, are not subject to this prohibition and |
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67 | 67 | | 3.5may be granted successively. |
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68 | 68 | | 3.6 (b) A political subdivision proposing to abate taxes for a parcel may request, in writing, |
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69 | 69 | | 3.7that the other political subdivisions in which the parcel is located grant an abatement for |
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70 | 70 | | 3.8the property. If one of the other political subdivisions declines, in writing, to grant an |
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71 | 71 | | 3.9abatement or if 90 days pass after receipt of the request to grant an abatement without a |
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72 | 72 | | 3.10written response from one of the political subdivisions, the duration limit for an abatement |
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73 | 73 | | 3.11for the parcel by the requesting political subdivision and any other participating political |
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74 | 74 | | 3.12subdivision is increased to 20 years. If the political subdivision which declined to grant an |
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75 | 75 | | 3.13abatement later grants an abatement for the parcel, the 20-year duration limit is reduced by |
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76 | 76 | | 3.14one year for each year that the declining political subdivision grants an abatement for the |
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77 | 77 | | 3.15parcel during the period of the abatement granted by the requesting political subdivision. |
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78 | 78 | | 3.16The duration limit may not be reduced below the limit under paragraph (a). |
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79 | 79 | | 3.17 (c) An abatement under subdivision 1, clause (2), items (ix) and (x), may be granted for |
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80 | 80 | | 3.18a period no longer than five years. This limit also applies if the resolution does not specify |
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81 | 81 | | 3.19a period of time. |
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82 | 82 | | 3.20 EFFECTIVE DATE.This section is effective for abatement resolutions approved after |
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83 | 83 | | 3.21the day following final enactment. |
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84 | 84 | | 3.22 Sec. 4. Minnesota Statutes 2024, section 469.1813, is amended by adding a subdivision |
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85 | 85 | | 3.23to read: |
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86 | 86 | | 3.24 Subd. 11.Repayment.A land bank organization receiving an abatement under |
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87 | 87 | | 3.25subdivision 1, clause (2), item (ix) or (x), must repay the abatement with interest if the land |
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88 | 88 | | 3.26for which the abatement was granted is used for a purpose other than the purpose given by |
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89 | 89 | | 3.27the land bank organization prior to redevelopment, as determined by the governing body |
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90 | 90 | | 3.28of the political subdivision that granted the abatement. This subdivision applies immediately |
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91 | 91 | | 3.29after the abatement under this section expires and land is subject to repayment under this |
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92 | 92 | | 3.30subdivision for the same number of years that the abatement was granted. Interest under |
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93 | 93 | | 3.31this section is payable at the rate determined in section 270C.40, subdivision 5. |
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94 | 94 | | 3.32 EFFECTIVE DATE.This section is effective the day following final enactment. |
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95 | 95 | | 3Sec. 4. |
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96 | 96 | | 25-00087 as introduced11/19/24 REVISOR MS/RC |
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