Bill Text: MN SF2919 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Nonferrous mining tax rate modification and proceeds and production tax revenue distribution adjustment
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-03-27 - Referred to Taxes [SF2919 Detail]
Download: Minnesota-2013-SF2919-Introduced.html
1.2relating to taxation; minerals; modifying the rates of tax on nonferrous mining;
1.3modifying the distribution of net proceeds and production tax revenues;
1.4amending Minnesota Statutes 2012, sections 298.015, subdivision 1; 298.225,
1.5subdivision 1; 298.28, subdivision 5; Minnesota Statutes 2013 Supplement,
1.6sections 298.01, subdivision 3; 298.018, subdivision 1; 298.28, subdivision 4.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2013 Supplement, section 298.01, subdivision 3, is
1.9amended to read:
1.10 Subd. 3. Occupation tax; other ores. Every person engaged in the business of
1.11mining, refining, or producing ores, metals, or minerals in this state, except iron ore or
1.12taconite concentrates, shall pay an occupation tax to the state of Minnesota as provided
1.13in this subdivision. For purposes of this subdivision, mining includes the application of
1.14hydrometallurgical processes. Hydrometallurgical processes are processes that extract
1.15the ores, metals, or minerals, by use of aqueous solutions that leach, concentrate, and
1.16recover the ore, metal, or mineral. The tax is determined in the same manner as the tax
1.17imposed by section290.02 , except that sections
290.05, subdivision 1 , clause (a),
290.17,
1.18subdivision 4 , and
290.191, subdivision 2 , do not apply, and the occupation tax must be
1.19computed by applying to taxable income the rate of2.45 1.45 percent. A person subject
1.20to occupation tax under this section shall apportion its net income on the basis of the
1.21percentage obtained by taking the sum of:
1.22 (1) 75 percent of the percentage which the sales made within this state in connection
1.23with the trade or business during the tax period are of the total sales wherever made in
1.24connection with the trade or business during the tax period;
2.1 (2) 12.5 percent of the percentage which the total tangible property used by the
2.2taxpayer in this state in connection with the trade or business during the tax period is of
2.3the total tangible property, wherever located, used by the taxpayer in connection with the
2.4trade or business during the tax period; and
2.5 (3) 12.5 percent of the percentage which the taxpayer's total payrolls paid or incurred
2.6in this state or paid in respect to labor performed in this state in connection with the trade
2.7or business during the tax period are of the taxpayer's total payrolls paid or incurred in
2.8connection with the trade or business during the tax period.
2.9 The tax is in addition to all other taxes.
2.10EFFECTIVE DATE.This section is effective for taxable years beginning after
2.11December 31, 2013.
2.12 Sec. 2. Minnesota Statutes 2012, section 298.015, subdivision 1, is amended to read:
2.13 Subdivision 1. Tax imposed. A person engaged in the business of mining shall pay
2.14to the state of Minnesota for distribution as provided in section298.018 a net proceeds tax
2.15equal totwo three percent of the net proceeds from mining in Minnesota. The tax applies
2.16to all ores, metals, and minerals mined, extracted, produced, or refined within the state of
2.17Minnesota except for sand, silica sand, gravel, building stone, crushed rock, limestone,
2.18granite, dimension granite, dimension stone, horticultural peat, clay, soil, iron ore, and
2.19taconite concentrates. The tax is in addition to all other taxes provided for by law.
2.20EFFECTIVE DATE.This section is effective for taxable years beginning after
2.21December 31, 2013.
2.22 Sec. 3. Minnesota Statutes 2013 Supplement, section 298.018, subdivision 1, is
2.23amended to read:
2.24 Subdivision 1. Within taconite assistance area. The proceeds of the tax paid under
2.25sections298.015 and
298.016 on ores, metals, or minerals mined or extracted within the
2.26taconite assistance area defined in section273.1341 , shall be allocated as follows:
2.27 (1) five percent to the city or town within which the minerals or energy resources
2.28are mined or extracted, or within which the concentrate was produced. If the mining
2.29and concentration, or different steps in either process, are carried on in more than one
2.30taxing district, the commissioner shall apportion equitably the proceeds among the
2.31cities and towns by attributing 50 percent of the proceeds of the tax to the operation of
2.32mining or extraction, and the remainder to the concentrating plant and to the processes of
3.1concentration, and with respect to each thereof giving due consideration to the relative
3.2extent of the respective operations performed in each taxing district;
3.3 (2) ten percent to the taconite municipal aid account to be distributed as provided
3.4in section298.282 ;
3.5 (3) ten percent to the school district within which the minerals or energy resources
3.6are mined or extracted, or within which the concentrate was produced. If the mining
3.7and concentration, or different steps in either process, are carried on in more than one
3.8school district, distribution among the school districts must be based on the apportionment
3.9formula prescribed in clause (1);
3.10 (4) 20 percent to a group of school districts comprised of those school districts
3.11wherein the mineral or energy resource was mined or extracted or in which there is a
3.12qualifying municipality as defined by section273.134, paragraph (b) , in direct proportion
3.13to school district indexes as follows: for each school district, its pupil units determined
3.14under section126C.05 for the prior school year shall be multiplied by the ratio of the
3.15average adjusted net tax capacity per pupil unit for school districts receiving aid under
3.16this clause as calculated pursuant to chapters 122A, 126C, and 127A for the school year
3.17ending prior to distribution to the adjusted net tax capacity per pupil unit of the district.
3.18Each district shall receive that portion of the distribution which its index bears to the sum
3.19of the indices for all school districts that receive the distributions;
3.20 (5) 20 percent to the county within which the minerals or energy resources are
3.21mined or extracted, or within which the concentrate was produced. If the mining and
3.22concentration, or different steps in either process, are carried on in more than one county,
3.23distribution among the counties must be based on the apportionment formula prescribed in
3.24clause (1), provided that any county receiving distributions under this clause shall pay one
3.25percent of its proceeds to the Range Association of Municipalities and Schools;
3.26 (6) 20 percent to St. Louis County acting as the counties' fiscal agent to be
3.27distributed as provided in sections273.134 to
273.136 ;
3.28 (7) five percent to the Iron Range Resources and Rehabilitation Board for the
3.29purposes of section298.22 ;
3.30 (8)five three percent to the Douglas J. Johnson economic protection trust fund; and
3.31 (9)five seven percent to the taconite environmental protection fund.
3.32 The proceeds of the tax shall be distributed on July 15 each year.
3.33EFFECTIVE DATE.This section is effective July 1, 2014.
3.34 Sec. 4. Minnesota Statutes 2012, section 298.225, subdivision 1, is amended to read:
4.1 Subdivision 1. Guaranteed distribution. (a) The distribution of the taconite
4.2production tax as provided in section298.28 , subdivisions 3 to 5, 6, paragraph (b), 7, and
4.38, shall equal the lesser of the following amounts:
4.4(1) the amount distributed pursuant to this section and section298.28 , with respect
4.5to 1983 production if the production for the year prior to the distribution year is no less
4.6than 42,000,000 taxable tons. If the production is less than 42,000,000 taxable tons, the
4.7amount of the distributions shall be reduced proportionately at the rate of two percent
4.8for each 1,000,000 tons, or part of 1,000,000 tons by which the production is less than
4.942,000,000 tons; or
4.10(2)(i) for the distributions made pursuant to section298.28, subdivisions 4,
4.11paragraphs (b) and (c), and 6, paragraph (c), 31.2 percent of the amount distributed
4.12pursuant to this section and section298.28 , with respect to 1983 production;
4.13(ii) for the distributions made pursuant to section298.28, subdivision 5 , paragraphs
4.14(b) and (d), 75 percent of the amount distributed pursuant to this section and section
4.15298.28
, with respect to 1983 production.
4.16(b) The distribution of the taconite production tax as provided in section298.28,
4.17subdivision 2 , shall equal the following amount:
4.18(1) if the production for the year prior to the distribution year is at least 42,000,000
4.19taxable tons, the amount distributed pursuant to this section and section298.28 with
4.20respect to 1999 production; or
4.21(2) if the production for the year prior to the distribution year is less than 42,000,000
4.22taxable tons, the amount distributed pursuant to this section and section298.28 with respect
4.23to 1999 production, reduced proportionately at the rate of two percent for each 1,000,000
4.24tons or part of 1,000,000 tons by which the production is less than 42,000,000 tons.
4.25(c) The guaranteed distribution under paragraph (a) for distributions made to
4.26counties under section 298.28, subdivision 5, paragraph (b), based on mines or plants
4.27that have ceased operations ten or more years before the production year on which the
4.28distribution is based must be made at one-half the amount that otherwise would apply.
4.29EFFECTIVE DATE.This section is effective beginning for the 2015 distribution.
4.30 Sec. 5. Minnesota Statutes 2013 Supplement, section 298.28, subdivision 4, is
4.31amended to read:
4.32 Subd. 4. School districts. (a)32.15
4.33provided in paragraph (d), less the amount that would have been computed under
4.34Minnesota Statutes 2008, section126C.21, subdivision 4 , for the current year for that
5.1district, must be allocated to qualifying school districts to be distributed, based upon the
5.2certification of the commissioner of revenue, under paragraphs (b), (c), and (f).
5.3 (b)(i)3.43 3.88 cents per taxable ton must be distributed to the school districts in
5.4which the lands from which taconite was mined or quarried were located or within which
5.5the concentrate was produced. The distribution must be based on the apportionment
5.6formula prescribed in subdivision 2.
5.7 (ii)Four 4.45 cents per taxable ton from each taconite facility must be distributed
5.8to each affected school district for deposit in a fund dedicated to building maintenance
5.9and repairs, as follows:
5.10 (1) proceeds from Keewatin Taconite or its successor are distributed to Independent
5.11School Districts Nos. 316, Coleraine, and 319, Nashwauk-Keewatin, or their successor
5.12districts;
5.13 (2) proceeds from the Hibbing Taconite Company or its successor are distributed to
5.14Independent School Districts Nos. 695, Chisholm, and 701, Hibbing, or their successor
5.15districts;
5.16 (3) proceeds from the Mittal Steel Company and Minntac or their successors are
5.17distributed to Independent School Districts Nos. 712, Mountain Iron-Buhl, 706, Virginia,
5.182711, Mesabi East, and 2154, Eveleth-Gilbert, or their successor districts;
5.19 (4) proceeds from the Northshore Mining Company or its successor are distributed
5.20to Independent School Districts Nos. 2142, St. Louis County, and 381, Lake Superior,
5.21or their successor districts; and
5.22 (5) proceeds from United Taconite or its successor are distributed to Independent
5.23School Districts Nos. 2142, St. Louis County, and 2154, Eveleth-Gilbert, or their
5.24successor districts.
5.25 Revenues that are required to be distributed to more than one district shall be
5.26apportioned according to the number of pupil units identified in section126C.05,
5.27subdivision 1 , enrolled in the second previous year.
5.28 (c)(i)24.72
5.29(e), shall be distributed to a group of school districts comprised of those school districts
5.30which qualify as a tax relief area under section273.134, paragraph (b) , or in which there is
5.31a qualifying municipality as defined by section273.134, paragraph (a) , in direct proportion
5.32to school district indexes as follows: for each school district, its pupil units determined
5.33under section126C.05 for the prior school year shall be multiplied by the ratio of the
5.34average adjusted net tax capacity per pupil unit for school districts receiving aid under
5.35this clause as calculated pursuant to chapters 122A, 126C, and 127A for the school year
5.36ending prior to distribution to the adjusted net tax capacity per pupil unit of the district.
6.1Each district shall receive that portion of the distribution which its index bears to the sum
6.2of the indices for all school districts that receive the distributions.
6.3 (ii) Notwithstanding clause (i), each school district that receives a distribution
6.4under sections298.018 ;
298.23 to
298.28 , exclusive of any amount received under this
6.5clause;298.34 to
298.39 ;
298.391 to
298.396 ;
298.405 ; or any law imposing a tax on
6.6severed mineral values after reduction for any portion distributed to cities and towns
6.7under section126C.48, subdivision 8 , paragraph (5), that is less than the amount of its
6.8levy reduction under section126C.48, subdivision 8 , for the second year prior to the
6.9year of the distribution shall receive a distribution equal to the difference; the amount
6.10necessary to make this payment shall be derived from proportionate reductions in the
6.11initial distribution to other school districts under clause (i). If there are insufficient tax
6.12proceeds to make the distribution provided under this paragraph in any year, money must
6.13be transferred from the taconite property tax relief account in subdivision 6, to the extent
6.14of the shortfall in the distribution.
6.15 (d)(1) Any school district described in paragraph (c) where a levy increase pursuant
6.16to section126C.17, subdivision 9 , was authorized by referendum for taxes payable in
6.172001, shall receive a distribution of 21.3 cents per ton. Each district shall receive $175
6.18times the pupil units identified in section126C.05, subdivision 1 , enrolled in the second
6.19previous year or the 1983-1984 school year, whichever is greater, less the product of 1.8
6.20percent times the district's taxable net tax capacity in 2011.
6.21(2) Districts qualifying under paragraph (c) must receive additional taconite aid each
6.22year equal to 22.5 percent of the amount obtained by subtracting:
6.23(i) 1.8 percent of the district's net tax capacity for 2011, from:
6.24(ii) the district's weighted average daily membership for fiscal year 2012, multiplied
6.25by the sum of:
6.26(A) $415, plus
6.27(B) the district's referendum revenue allowance for fiscal year 2013.
6.28 If the total amount provided by paragraph (d) is insufficient to make the payments
6.29herein required then the entitlement of $175 per pupil unit shall be reduced uniformly
6.30so as not to exceed the funds available. Any amounts received by a qualifying school
6.31district in any fiscal year pursuant to paragraph (d) shall not be applied to reduce general
6.32education aid which the district receives pursuant to section126C.13 or the permissible
6.33levies of the district. Any amount remaining after the payments provided in this paragraph
6.34shall be paid to the commissioner of Iron Range resources and rehabilitation who shall
6.35deposit the same in the taconite environmental protection fund and the Douglas J. Johnson
6.36economic protection trust fund as provided in subdivision 11.
7.1 Each district receiving money according to this paragraph shall reserve the lesser of
7.2the amount received under this paragraph or $25 times the number of pupil units served in
7.3the district. It may use the money for early childhood programs.
7.4 (e) There shall be distributed to any school district the amount which the school
7.5district was entitled to receive under section298.32 in 1975.
7.6 (f) Four cents per taxable ton must be distributed to qualifying school districts
7.7according to the distribution specified in paragraph (b), clause (ii), and 11 cents per taxable
7.8ton must be distributed according to the distribution specified in paragraph (c). These
7.9amounts are not subject to sections126C.21, subdivision 4 , and
126C.48, subdivision 8 .
7.10EFFECTIVE DATE.This section is effective beginning for the 2015 distribution.
7.11 Sec. 6. Minnesota Statutes 2012, section 298.28, subdivision 5, is amended to read:
7.12 Subd. 5. Counties. (a) 26.05 cents per taxable ton is allocated to counties to be
7.13distributed, based upon certification by the commissioner of revenue, under paragraphs
7.14(b) to (d).
7.15 (b) 15.525 cents per taxable ton shall be distributed to the county in which the
7.16taconite is mined or quarried or in which the concentrate is produced, less any amount
7.17which is to be distributed pursuant to paragraph (c). The apportionment formula prescribed
7.18in subdivision 2 is the basis for the distribution.
7.19 (c) If an electric power plant owned by and providing the primary source of power for
7.20a taxpayer mining and concentrating taconite is located in a county other than the county
7.21in which the mining and the concentrating processes are conducted, one cent per taxable
7.22ton of the tax distributed to the counties pursuant to paragraph (b) and imposed on and
7.23collected from such taxpayer shall be paid to the county in which the power plant is located.
7.24 (d)10.525 11.416 cents per taxable ton shall be paid to the county from which the
7.25taconite was mined, quarried or concentrated to be deposited in the county road and
7.26bridge fund. If the mining, quarrying and concentrating, or separate steps in any of those
7.27processes are carried on in more than one county, the commissioner shall follow the
7.28apportionment formula prescribed in subdivision 2.
7.29EFFECTIVE DATE.This section is effective beginning for the 2015 distribution.
1.3modifying the distribution of net proceeds and production tax revenues;
1.4amending Minnesota Statutes 2012, sections 298.015, subdivision 1; 298.225,
1.5subdivision 1; 298.28, subdivision 5; Minnesota Statutes 2013 Supplement,
1.6sections 298.01, subdivision 3; 298.018, subdivision 1; 298.28, subdivision 4.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2013 Supplement, section 298.01, subdivision 3, is
1.9amended to read:
1.10 Subd. 3. Occupation tax; other ores. Every person engaged in the business of
1.11mining, refining, or producing ores, metals, or minerals in this state, except iron ore or
1.12taconite concentrates, shall pay an occupation tax to the state of Minnesota as provided
1.13in this subdivision. For purposes of this subdivision, mining includes the application of
1.14hydrometallurgical processes. Hydrometallurgical processes are processes that extract
1.15the ores, metals, or minerals, by use of aqueous solutions that leach, concentrate, and
1.16recover the ore, metal, or mineral. The tax is determined in the same manner as the tax
1.17imposed by section
1.18subdivision 4
1.19computed by applying to taxable income the rate of
1.20to occupation tax under this section shall apportion its net income on the basis of the
1.21percentage obtained by taking the sum of:
1.22 (1) 75 percent of the percentage which the sales made within this state in connection
1.23with the trade or business during the tax period are of the total sales wherever made in
1.24connection with the trade or business during the tax period;
2.1 (2) 12.5 percent of the percentage which the total tangible property used by the
2.2taxpayer in this state in connection with the trade or business during the tax period is of
2.3the total tangible property, wherever located, used by the taxpayer in connection with the
2.4trade or business during the tax period; and
2.5 (3) 12.5 percent of the percentage which the taxpayer's total payrolls paid or incurred
2.6in this state or paid in respect to labor performed in this state in connection with the trade
2.7or business during the tax period are of the taxpayer's total payrolls paid or incurred in
2.8connection with the trade or business during the tax period.
2.9 The tax is in addition to all other taxes.
2.10EFFECTIVE DATE.This section is effective for taxable years beginning after
2.11December 31, 2013.
2.12 Sec. 2. Minnesota Statutes 2012, section 298.015, subdivision 1, is amended to read:
2.13 Subdivision 1. Tax imposed. A person engaged in the business of mining shall pay
2.14to the state of Minnesota for distribution as provided in section
2.15equal to
2.16to all ores, metals, and minerals mined, extracted, produced, or refined within the state of
2.17Minnesota except for sand, silica sand, gravel, building stone, crushed rock, limestone,
2.18granite, dimension granite, dimension stone, horticultural peat, clay, soil, iron ore, and
2.19taconite concentrates. The tax is in addition to all other taxes provided for by law.
2.20EFFECTIVE DATE.This section is effective for taxable years beginning after
2.21December 31, 2013.
2.22 Sec. 3. Minnesota Statutes 2013 Supplement, section 298.018, subdivision 1, is
2.23amended to read:
2.24 Subdivision 1. Within taconite assistance area. The proceeds of the tax paid under
2.25sections
2.26taconite assistance area defined in section
2.27 (1) five percent to the city or town within which the minerals or energy resources
2.28are mined or extracted, or within which the concentrate was produced. If the mining
2.29and concentration, or different steps in either process, are carried on in more than one
2.30taxing district, the commissioner shall apportion equitably the proceeds among the
2.31cities and towns by attributing 50 percent of the proceeds of the tax to the operation of
2.32mining or extraction, and the remainder to the concentrating plant and to the processes of
3.1concentration, and with respect to each thereof giving due consideration to the relative
3.2extent of the respective operations performed in each taxing district;
3.3 (2) ten percent to the taconite municipal aid account to be distributed as provided
3.4in section
3.5 (3) ten percent to the school district within which the minerals or energy resources
3.6are mined or extracted, or within which the concentrate was produced. If the mining
3.7and concentration, or different steps in either process, are carried on in more than one
3.8school district, distribution among the school districts must be based on the apportionment
3.9formula prescribed in clause (1);
3.10 (4) 20 percent to a group of school districts comprised of those school districts
3.11wherein the mineral or energy resource was mined or extracted or in which there is a
3.12qualifying municipality as defined by section
3.13to school district indexes as follows: for each school district, its pupil units determined
3.14under section
3.15average adjusted net tax capacity per pupil unit for school districts receiving aid under
3.16this clause as calculated pursuant to chapters 122A, 126C, and 127A for the school year
3.17ending prior to distribution to the adjusted net tax capacity per pupil unit of the district.
3.18Each district shall receive that portion of the distribution which its index bears to the sum
3.19of the indices for all school districts that receive the distributions;
3.20 (5) 20 percent to the county within which the minerals or energy resources are
3.21mined or extracted, or within which the concentrate was produced. If the mining and
3.22concentration, or different steps in either process, are carried on in more than one county,
3.23distribution among the counties must be based on the apportionment formula prescribed in
3.24clause (1), provided that any county receiving distributions under this clause shall pay one
3.25percent of its proceeds to the Range Association of Municipalities and Schools;
3.26 (6) 20 percent to St. Louis County acting as the counties' fiscal agent to be
3.27distributed as provided in sections
3.28 (7) five percent to the Iron Range Resources and Rehabilitation Board for the
3.29purposes of section
3.30 (8)
3.31 (9)
3.32 The proceeds of the tax shall be distributed on July 15 each year.
3.33EFFECTIVE DATE.This section is effective July 1, 2014.
3.34 Sec. 4. Minnesota Statutes 2012, section 298.225, subdivision 1, is amended to read:
4.1 Subdivision 1. Guaranteed distribution. (a) The distribution of the taconite
4.2production tax as provided in section
4.38, shall equal the lesser of the following amounts:
4.4(1) the amount distributed pursuant to this section and section
4.5to 1983 production if the production for the year prior to the distribution year is no less
4.6than 42,000,000 taxable tons. If the production is less than 42,000,000 taxable tons, the
4.7amount of the distributions shall be reduced proportionately at the rate of two percent
4.8for each 1,000,000 tons, or part of 1,000,000 tons by which the production is less than
4.942,000,000 tons; or
4.10(2)(i) for the distributions made pursuant to section
4.11paragraphs (b)
4.12pursuant to this section and section
4.13(ii) for the distributions made pursuant to section
4.14(b) and (d), 75 percent of the amount distributed pursuant to this section and section
4.16(b) The distribution of the taconite production tax as provided in section
4.17subdivision 2
4.18(1) if the production for the year prior to the distribution year is at least 42,000,000
4.19taxable tons, the amount distributed pursuant to this section and section
4.20respect to 1999 production; or
4.21(2) if the production for the year prior to the distribution year is less than 42,000,000
4.22taxable tons, the amount distributed pursuant to this section and section
4.23to 1999 production, reduced proportionately at the rate of two percent for each 1,000,000
4.24tons or part of 1,000,000 tons by which the production is less than 42,000,000 tons.
4.25(c) The guaranteed distribution under paragraph (a) for distributions made to
4.26counties under section 298.28, subdivision 5, paragraph (b), based on mines or plants
4.27that have ceased operations ten or more years before the production year on which the
4.28distribution is based must be made at one-half the amount that otherwise would apply.
4.29EFFECTIVE DATE.This section is effective beginning for the 2015 distribution.
4.30 Sec. 5. Minnesota Statutes 2013 Supplement, section 298.28, subdivision 4, is
4.31amended to read:
4.32 Subd. 4. School districts. (a)
4.33provided in paragraph (d), less the amount that would have been computed under
4.34Minnesota Statutes 2008, section
5.1district, must be allocated to qualifying school districts to be distributed, based upon the
5.2certification of the commissioner of revenue, under paragraphs (b), (c), and (f).
5.3 (b)(i)
5.4which the lands from which taconite was mined or quarried were located or within which
5.5the concentrate was produced. The distribution must be based on the apportionment
5.6formula prescribed in subdivision 2.
5.7 (ii)
5.8to each affected school district for deposit in a fund dedicated to building maintenance
5.9and repairs, as follows:
5.10 (1) proceeds from Keewatin Taconite or its successor are distributed to Independent
5.11School Districts Nos. 316, Coleraine, and 319, Nashwauk-Keewatin, or their successor
5.12districts;
5.13 (2) proceeds from the Hibbing Taconite Company or its successor are distributed to
5.14Independent School Districts Nos. 695, Chisholm, and 701, Hibbing, or their successor
5.15districts;
5.16 (3) proceeds from the Mittal Steel Company and Minntac or their successors are
5.17distributed to Independent School Districts Nos. 712, Mountain Iron-Buhl, 706, Virginia,
5.182711, Mesabi East, and 2154, Eveleth-Gilbert, or their successor districts;
5.19 (4) proceeds from the Northshore Mining Company or its successor are distributed
5.20to Independent School Districts Nos. 2142, St. Louis County, and 381, Lake Superior,
5.21or their successor districts; and
5.22 (5) proceeds from United Taconite or its successor are distributed to Independent
5.23School Districts Nos. 2142, St. Louis County, and 2154, Eveleth-Gilbert, or their
5.24successor districts.
5.25 Revenues that are required to be distributed to more than one district shall be
5.26apportioned according to the number of pupil units identified in section
5.27subdivision 1
5.28 (c)(i)
5.29(e), shall be distributed to a group of school districts comprised of those school districts
5.30which qualify as a tax relief area under section
5.31a qualifying municipality as defined by section
5.32to school district indexes as follows: for each school district, its pupil units determined
5.33under section
5.34average adjusted net tax capacity per pupil unit for school districts receiving aid under
5.35this clause as calculated pursuant to chapters 122A, 126C, and 127A for the school year
5.36ending prior to distribution to the adjusted net tax capacity per pupil unit of the district.
6.1Each district shall receive that portion of the distribution which its index bears to the sum
6.2of the indices for all school districts that receive the distributions.
6.3 (ii) Notwithstanding clause (i), each school district that receives a distribution
6.4under sections
6.5clause;
6.6severed mineral values after reduction for any portion distributed to cities and towns
6.7under section
6.8levy reduction under section
6.9year of the distribution shall receive a distribution equal to the difference; the amount
6.10necessary to make this payment shall be derived from proportionate reductions in the
6.11initial distribution to other school districts under clause (i). If there are insufficient tax
6.12proceeds to make the distribution provided under this paragraph in any year, money must
6.13be transferred from the taconite property tax relief account in subdivision 6, to the extent
6.14of the shortfall in the distribution.
6.15 (d)(1) Any school district described in paragraph (c) where a levy increase pursuant
6.16to section
6.172001, shall receive a distribution of 21.3 cents per ton. Each district shall receive $175
6.18times the pupil units identified in section
6.19previous year or the 1983-1984 school year, whichever is greater, less the product of 1.8
6.20percent times the district's taxable net tax capacity in 2011.
6.21(2) Districts qualifying under paragraph (c) must receive additional taconite aid each
6.22year equal to 22.5 percent of the amount obtained by subtracting:
6.23(i) 1.8 percent of the district's net tax capacity for 2011, from:
6.24(ii) the district's weighted average daily membership for fiscal year 2012, multiplied
6.25by the sum of:
6.26(A) $415, plus
6.27(B) the district's referendum revenue allowance for fiscal year 2013.
6.28 If the total amount provided by paragraph (d) is insufficient to make the payments
6.29herein required then the entitlement of $175 per pupil unit shall be reduced uniformly
6.30so as not to exceed the funds available. Any amounts received by a qualifying school
6.31district in any fiscal year pursuant to paragraph (d) shall not be applied to reduce general
6.32education aid which the district receives pursuant to section
6.33levies of the district. Any amount remaining after the payments provided in this paragraph
6.34shall be paid to the commissioner of Iron Range resources and rehabilitation who shall
6.35deposit the same in the taconite environmental protection fund and the Douglas J. Johnson
6.36economic protection trust fund as provided in subdivision 11.
7.1 Each district receiving money according to this paragraph shall reserve the lesser of
7.2the amount received under this paragraph or $25 times the number of pupil units served in
7.3the district. It may use the money for early childhood programs.
7.4 (e) There shall be distributed to any school district the amount which the school
7.5district was entitled to receive under section
7.6 (f) Four cents per taxable ton must be distributed to qualifying school districts
7.7according to the distribution specified in paragraph (b), clause (ii), and 11 cents per taxable
7.8ton must be distributed according to the distribution specified in paragraph (c). These
7.9amounts are not subject to sections
7.10EFFECTIVE DATE.This section is effective beginning for the 2015 distribution.
7.11 Sec. 6. Minnesota Statutes 2012, section 298.28, subdivision 5, is amended to read:
7.12 Subd. 5. Counties. (a) 26.05 cents per taxable ton is allocated to counties to be
7.13distributed, based upon certification by the commissioner of revenue, under paragraphs
7.14(b) to (d).
7.15 (b) 15.525 cents per taxable ton shall be distributed to the county in which the
7.16taconite is mined or quarried or in which the concentrate is produced, less any amount
7.17which is to be distributed pursuant to paragraph (c). The apportionment formula prescribed
7.18in subdivision 2 is the basis for the distribution.
7.19 (c) If an electric power plant owned by and providing the primary source of power for
7.20a taxpayer mining and concentrating taconite is located in a county other than the county
7.21in which the mining and the concentrating processes are conducted, one cent per taxable
7.22ton of the tax distributed to the counties pursuant to paragraph (b) and imposed on and
7.23collected from such taxpayer shall be paid to the county in which the power plant is located.
7.24 (d)
7.25taconite was mined, quarried or concentrated to be deposited in the county road and
7.26bridge fund. If the mining, quarrying and concentrating, or separate steps in any of those
7.27processes are carried on in more than one county, the commissioner shall follow the
7.28apportionment formula prescribed in subdivision 2.
7.29EFFECTIVE DATE.This section is effective beginning for the 2015 distribution.
