1.1    .................... moves to amend H.F. No. 4064 as follows:
1.2Page 18, delete section 18 and insert:

1.3    "Sec. 18. [290.999] REPAYMENT OF TAX BENEFITS.
1.4    Subdivision 1. Repayment obligation. A business must repay the amount of the
1.5total tax reduction listed in section 290.995 , in excess of tax liability, received during the
1.6two years immediately before it ceased to operate as a certified green business, if the
1.7business:
1.8    (1) received tax reductions authorized by section 290.995 ; and
1.9    (2)(i) did not meet the goals specified in an agreement entered into with the applicant
1.10that states any obligation the certified green business must fulfill in order to be eligible
1.11for tax benefits. The commissioner of employment and economic development may
1.12extend for up to one year the period for meeting any goals provided in an agreement. The
1.13applicant may extend the period for meeting other goals by documenting in writing the
1.14reason for the extension and attaching a copy of the document to its next annual report to
1.15the commissioner of employment and economic development; or
1.16    (ii) ceased to operate as a certified green business.
1.17    Subd. 2. Definitions. (a) For purposes of this section, the following terms have
1.18the meanings given.
1.19    (b) "Business" means any person who received tax benefits enumerated in section
1.20290.995.
1.21    (c) "Commissioner" means the commissioner of revenue.
1.22    Subd. 3. Disposition of repayment. The repayment must be paid to the state to
1.23the extent it represents a state tax reduction and to the county to the extent it represents a
1.24property tax reduction. Any amount repaid to the state must be deposited in the general
1.25fund. Any amount repaid to the county for the property tax exemption must be distributed
1.26to the local governments levying property taxes on the property. Any repayment of local
2.1sales taxes must be repaid to the commissioner of revenue for distribution to the entity
2.2levying the local sales tax.
2.3    Subd. 4. Repayment procedures. (a) For the repayment of taxes imposed under
2.4chapter 290 or 297A or local taxes collected under section 297A.99, a business must
2.5file an amended return with the commissioner of revenue and pay any taxes required
2.6to be repaid within 30 days after ceasing to do business as a certified green business.
2.7The amount required to be repaid is determined by calculating the tax for the period or
2.8periods for which repayment is required without regard to the exemptions and credits
2.9allowed under section 290.995 .
2.10    (b) For the repayment of taxes imposed under chapter 297B, a business must pay any
2.11taxes required to be repaid to the motor vehicle registrar, as agent for the commissioner of
2.12revenue, within 30 days after ceasing to do business as a certified green business.
2.13    (c) For the repayment of property taxes, the county auditor shall prepare a tax
2.14statement for the business, applying the applicable tax extension rates for each payable
2.15year and provide a copy to the business. The business must pay the taxes to the county
2.16treasurer within 30 days after receipt of the tax statement. The taxpayer may appeal the
2.17valuation and determination of the property tax to the Tax Court within 30 days after
2.18receipt of the tax statement.
2.19    (d) The provisions of chapters 270C and 289A relating to the commissioner's
2.20authority to audit, assess, and collect the tax and to hear appeals are applicable to the
2.21repayment required under paragraphs (a) and (b). The commissioner may impose civil
2.22penalties as provided in chapter 289A, and the additional tax and penalties are subject to
2.23interest at the rate provided in section 270C.40, from 30 days after ceasing to do business
2.24as a certified green business until the date the tax is paid.
2.25    (e) If a property tax is not repaid under paragraph (c), the county treasurer shall add
2.26the amount required to be repaid to the property taxes assessed against the property for
2.27payment in the year following the year in which the treasurer discovers that the business
2.28ceased to operate as a certified green business.
2.29    (f) For determining the tax required to be repaid, a tax reduction is deemed to have
2.30been received on the date that the tax would have been due if the taxpayer had not been
2.31entitled to the exemption or on the date a refund was issued for a refundable tax credit.
2.32    (g) The commissioner may assess the repayment of taxes under paragraph (d) any
2.33time within two years after the business ceases to operate as a certified green business,
2.34or within any period of limitations for the assessment of tax under section 289A.38,
2.35whichever period is later.
3.1    Subd. 5. Waiver authority. The commissioner may waive all or part of a
3.2repayment, if the commissioner, in consultation with the commissioner of employment
3.3and economic development and appropriate officials from the local government units in
3.4which the qualified business is located if the local government imposed a local sales tax or
3.5granted a property tax reduction, determines that requiring repayment of the tax is not
3.6in the best interest of the state or the local government units and the business ceased
3.7operating as a result of circumstances beyond its control including, but not limited to:
3.8    (1) a natural disaster;
3.9    (2) unforeseen industry trends; or
3.10    (3) loss of a major supplier or customer.
3.11    Subd. 6. Reconciliation. Where this section is inconsistent with section 116J.994,
3.12subdivision 3 , paragraph (e), or subdivision 6, or other provisions of sections 116J.993 to
3.13116J.995, this section prevails."
3.14Page 21, line 17, delete "zone" and insert "certification of the green business"