1.1.................... moves to amend H.F. No. 274 as follows:
1.2Page 1, after line 6, insert:

1.3    "Section 1. Minnesota Statutes 2010, section 291.005, subdivision 1, is amended to
1.4read:
1.5    Subdivision 1. Scope. Unless the context otherwise clearly requires, the following
1.6terms used in this chapter shall have the following meanings:
1.7    (1) "Commissioner" means the commissioner of revenue or any person to whom the
1.8commissioner has delegated functions under this chapter.
1.9    (2) "Federal gross estate" means the gross estate of a decedent as required to be
1.10valued and otherwise determined for federal estate tax purposes under the Internal
1.11Revenue Code.
1.12    (3) "Internal Revenue Code" means the United States Internal Revenue Code of
1.131986, as amended through March 18, 2010, but without regard to the provisions of
1.14sections 501 and 901 of Public Law 107-16.
1.15    (4) "Minnesota adjusted taxable estate" means federal adjusted taxable estate as
1.16defined by section 2011(b)(3) of the Internal Revenue Code, increased by plus
1.17(i) the amount of deduction for state death taxes allowed under section 2058 of
1.18the Internal Revenue Code.; less
1.19(ii) (A) the value of qualified small business property under section 291.03,
1.20subdivision 9, and the value of qualified farm property under section 291.03, subdivision
1.2110, or (B) $4,000,000, whichever is less.
1.22    (5) "Minnesota gross estate" means the federal gross estate of a decedent after (a)
1.23excluding therefrom any property included therein which has its situs outside Minnesota,
1.24and (b) including therein any property omitted from the federal gross estate which is
1.25includable therein, has its situs in Minnesota, and was not disclosed to federal taxing
1.26authorities.
2.1    (6) "Nonresident decedent" means an individual whose domicile at the time of
2.2death was not in Minnesota.
2.3    (7) "Personal representative" means the executor, administrator or other person
2.4appointed by the court to administer and dispose of the property of the decedent. If there
2.5is no executor, administrator or other person appointed, qualified, and acting within this
2.6state, then any person in actual or constructive possession of any property having a situs in
2.7this state which is included in the federal gross estate of the decedent shall be deemed
2.8to be a personal representative to the extent of the property and the Minnesota estate tax
2.9due with respect to the property.
2.10    (8) "Resident decedent" means an individual whose domicile at the time of death
2.11was in Minnesota.
2.12    (9) "Situs of property" means, with respect to real property, the state or country in
2.13which it is located; with respect to tangible personal property, the state or country in which
2.14it was normally kept or located at the time of the decedent's death; and with respect to
2.15intangible personal property, the state or country in which the decedent was domiciled
2.16at death.
2.17EFFECTIVE DATE.This section is effective for decedents dying after December
2.1831, 2010."
2.19Renumber the sections in sequence and correct the internal references
2.20Amend the title accordingly