Bill Text: MN HF2629 | 2013-2014 | 88th Legislature | Introduced
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Bill Title: Education finance; cooperatively authorized secondary programs encouraged and aid expanded, excise tax imposed on royalties, income and corporate franchise tax credit allowed, taconite production tax rate increased, distribution of production taxes modified, school bond payment security provided, Douglas J. Johnson economic protection trust fund uses authorized, trust account established to finance school facilities on the Iron Range, bonds issued, and money appropriated.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2014-03-13 - Committee report, to adopt as amended Taxes [HF2629 Detail]
Download: Minnesota-2013-HF2629-Introduced.html
Bill Title: Education finance; cooperatively authorized secondary programs encouraged and aid expanded, excise tax imposed on royalties, income and corporate franchise tax credit allowed, taconite production tax rate increased, distribution of production taxes modified, school bond payment security provided, Douglas J. Johnson economic protection trust fund uses authorized, trust account established to finance school facilities on the Iron Range, bonds issued, and money appropriated.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2014-03-13 - Committee report, to adopt as amended Taxes [HF2629 Detail]
Download: Minnesota-2013-HF2629-Introduced.html
1.2relating to education finance; taxation; minerals; encouraging cooperatively
1.3authorized secondary programs; expanding cooperation aid; imposing an excise
1.4tax on royalties; allowing an income and corporate franchise tax credit; increasing
1.5the taconite production tax rate; modifying the distribution of production taxes;
1.6providing security for payment of certain school bonds; authorizing uses of the
1.7Douglas J. Johnson economic protection trust fund; establishing a trust account
1.8to finance school facilities on the Iron Range; authorizing the sale and issuance of
1.9state bonds; appropriating money;amending Minnesota Statutes 2012, sections
1.10123A.442, by adding a subdivision; 123A.485; 123A.64; 290.01, by adding a
1.11subdivision; 290.06, by adding a subdivision; 290.62; 290.923, by adding a
1.12subdivision; 298.28, subdivision 11, by adding a subdivision; Minnesota Statutes
1.132013 Supplement, sections 123B.53, subdivision 1; 126C.48, subdivision 8;
1.14290.10, subdivision 1; 298.292, subdivision 2; Laws 2013, chapter 116, article 1,
1.15section 58, subdivision 5; proposing coding for new law in Minnesota Statutes,
1.16chapters 123A; 290; 298; repealing Minnesota Statutes 2012, section 290.923,
1.17subdivision 1.
1.18BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.19 Section 1. Minnesota Statutes 2012, section 123A.442, is amended by adding a
1.20subdivision to read:
1.21 Subd. 4. Cooperatively operated secondary facilities. A school district or
1.22cooperative entity operating a cooperative secondary program that has been approved by
1.23the commissioner under section 123A.482 is eligible for a cooperative facilities grant.
1.24EFFECTIVE DATE.This section is effective the day following final enactment.
1.25 Sec. 2. [123A.482] JOINT POWERS COOPERATIVE FACILITY.
1.26 Subdivision 1. Schools may be jointly operated. Two or more school districts may
1.27agree to jointly operate a secondary facility. The districts may choose to operate the
1.28facility according to a joint powers agreement under section 123A.78 or 471.59.
2.1 Subd. 2. Expanded program offerings. A jointly operated secondary program
2.2seeking funding under section 123A.485 must demonstrate to the commissioner's
2.3satisfaction that the jointly operated program provides enhanced learning opportunities and
2.4broader curriculum offerings to the students attending that program. The commissioner
2.5must approve or disapprove a cooperative secondary program within 60 days of receipt of
2.6an application.
2.7 Subd. 3. Revenue. An approved program that is jointly operated under this section
2.8is eligible for aid under section 123A.485 and qualifies for a facilities grant under sections
2.9123A.44 to 123A.446.
2.10 Subd. 4. Duty to maintain elementary and secondary schools met. A school
2.11district operating a joint facility under this section meets the requirements of section
2.12123A.64.
2.13 Subd. 5. Estimated market value limit exclusion. Bonds for a cooperative facility
2.14operated under this section issued by a member school district are not subject to the net
2.15debt limit under section 475.53, subdivision 4.
2.16 Subd. 6. Allocation of levy authority for joint facility. For purposes of determining
2.17each member district's school levy, a jointly operated secondary program may allocate
2.18program costs to each member district according to the joint powers agreement and each
2.19member district may include those costs in its tax levy. The joint powers agreement may
2.20choose to allocate costs on any basis adopted as part of the joint powers agreement.
2.21 Subd. 7. Effect of consolidation. The joint powers agreement may allow member
2.22school districts that choose to consolidate to continue to certify levies separately based on
2.23each component district's characteristics.
2.24 Subd. 8. Bonds. A joint powers district formed under this section may issue bonds
2.25according to section 123A.78 or its member districts may issue bonds individually after
2.26complying with this subdivision. The joint powers board must submit the project for
2.27review and comment under section 123B.71. The joint powers board must hold a hearing
2.28on the proposal. If the bonds are not issued under section 123A.78, each member district
2.29of the joint powers district must submit the question of authorizing borrowing of funds for
2.30the project to the voters of the district at a special election. The question submitted shall
2.31state the total amount of funding needed from that district. The member district may issue
2.32the bonds according to chapter 475 and certify the levy required by section 475.61 only if
2.33a majority of those voting on the question in that district vote in the affirmative and only
2.34after the board has adopted a resolution pledging the full faith and credit of that unit. The
2.35resolution must irrevocably commit that unit to pay an agreed-upon share of any debt levy
2.36shortages that, together with other funds available, would allow the member school board
3.1to pay the principal and interest on the obligations. The clerk of the joint powers board
3.2must certify the vote of any bond elections to the commissioner.
3.3EFFECTIVE DATE.This section is effective the day following final enactment.
3.4 Sec. 3. Minnesota Statutes 2012, section 123A.485, is amended to read:
3.5123A.485 CONSOLIDATION TRANSITIONREVENUE AID.
3.6 Subdivision 1. Eligibility and use. A district that operates a cooperative facility
3.7under section 123A.482 or that has been reorganized after June 30, 1994, under section
3.8123A.48
is eligible for consolidation transition revenue. Revenue is equal to the sum of
3.9 aidunder subdivision 2 and levy under subdivision 3. Consolidation transition revenue
3.10 aid may only be used according to this section. Revenue must be used for the following
3.11purposes and may be distributed among these purposes at the discretion of the district or
3.12the governing board of the cooperative facility:
3.13(1) to offer early retirement incentives as provided by section123A.48, subdivision
3.1423 ;
3.15(2) to reduce operating debt as defined in section123B.82 ;
3.16(3) to enhance learning opportunities for students in the reorganized district;and
3.17(4) to repay building debt; or
3.18(5) for other costs incurred in the reorganization.
3.19Revenue received and utilized under clause (3) or(4) (5) may be expended for
3.20operating, facilities, and/or equipment.
3.21 Subd. 2. Aid.(a) Consolidation transition aid is equal to $200 $300 times the
3.22number ofresident adjusted pupil units in the newly created cooperative facility under
3.23section 123A.482 or the consolidated districtin the year of consolidation and $100 times
3.24the number of resident pupil units in the first year following the year of consolidation under
3.25section 123A.48. The number of pupil units used to calculate aidin either year shall not
3.26exceed 1,000 for districts consolidating July 1, 1994, and 1,500 for districts consolidating
3.27July 1, 1995, and thereafter under this section must not exceed 2,000. A district may receive
3.28aid under this section for not more than five years except as provided in subdivision 4.
3.29(b) If the total appropriation for consolidation transition aid for any fiscal year, plus
3.30any amount transferred under section
127A.41, subdivision 8, is insufficient to pay all
3.31districts the full amount of aid earned, the department must first pay the districts in the first
3.32year following the year of consolidation the full amount of aid earned and distribute any
3.33remaining funds to the newly created districts in the first year of consolidation.
4.1 Subd. 3. Levy. If the aid available in subdivision 2 is insufficient to cover the costs
4.2of the district under section123A.48, subdivision 23 , the district may levy the difference
4.3over a period of time not to exceed three years.
4.4 Subd. 4. New districts. If a district enters into a cooperative secondary facilities
4.5program or consolidates with another district that has received aid under section123A.39,
4.6subdivision 3 , or
123A.485 for a combination or consolidation taking effect within
4.7six years of the effective date of the new consolidation or the start of the cooperative
4.8secondary facilities program, only the pupil units in the district or districts not previously
4.9 cooperating or reorganized must be counted for aid purposes under subdivision 2. If
4.10two or more districts consolidate and all districts received aid under subdivision 2 for a
4.11consolidation taking effect within six years of the effective date of the new consolidation,
4.12only one quarter of the pupil units in the newly created district must be used to determine
4.13aid under subdivision 2.
4.14EFFECTIVE DATE.This section is effective for state aid for fiscal year 2015
4.15and later.
4.16 Sec. 4. Minnesota Statutes 2012, section 123A.64, is amended to read:
4.17123A.64 DUTY TO MAINTAIN ELEMENTARY AND SECONDARY
4.18SCHOOLS.
4.19Each district must maintain classified elementary and secondary schools, grades 1
4.20through 12, unless the district is exempt according to section123A.61 or
123A.62 , has
4.21made an agreement with another district or districts as provided in sections123A.30 ,
4.22123A.32
, or sections
123A.35 to
123A.43 , or
123A.17, subdivision 7 , or has received a
4.23grant under sections123A.441 to
123A.446 , or has formed a cooperative under section
4.24123A.482. A district that has an agreement according to sections123A.35 to
123A.43 or
4.25123A.32
must operate a school with the number of grades required by those sections. A
4.26district that has an agreement according to section123A.30 or
123A.17, subdivision 7 , or
4.27has received a grant under sections123A.441 to
123A.446 must operate a school for the
4.28grades not included in the agreement, but not fewer than three grades.
4.29 Sec. 5. Minnesota Statutes 2013 Supplement, section 123B.53, subdivision 1, is
4.30amended to read:
4.31 Subdivision 1. Definitions. (a) For purposes of this section, the eligible debt service
4.32revenue of a district is defined as follows:
5.1 (1) the amount needed to produce between five and six percent in excess of the
5.2amount needed to meet when due the principal and interest payments on the obligations
5.3of the district for eligible projects according to subdivision 2, including the amounts
5.4necessary for repayment of energy loans according to section216C.37 or sections
298.292
5.5to298.298 , debt service loans and capital loans, lease purchase payments under section
5.6126C.40, subdivision 2
, alternative facilities levies under section
123B.59, subdivision
5.75 , paragraph (a), minus
5.8 (2) the amount of debt service excess levy reduction for that school year calculated
5.9according to the procedure established by the commissioner.
5.10 (b) The obligations in this paragraph are excluded from eligible debt service revenue:
5.11 (1) obligations under section123B.61 ;
5.12 (2) the part of debt service principal and interest paid from the taconite environmental
5.13protection fund or Douglas J. Johnson economic protection trust, excluding the portion
5.14of taconite payments from the school construction and improvement trust account under
5.15section 298.301, including any payments made from the Douglas J. Johnson economic
5.16protection trust fund under section 298.292, subdivision 2, clause (6);
5.17 (3) obligations issued under Laws 1991, chapter 265, article 5, section 18, as
5.18amended by Laws 1992, chapter 499, article 5, section 24; and
5.19 (4) obligations under section123B.62 .
5.20 (c) For purposes of this section, if a preexisting school district reorganized under
5.21sections123A.35 to
123A.43 ,
123A.46 , and
123A.48 is solely responsible for retirement
5.22of the preexisting district's bonded indebtedness, capital loans or debt service loans, debt
5.23service equalization aid must be computed separately for each of the preexisting districts.
5.24 (d) For purposes of this section, the adjusted net tax capacity determined according
5.25to sections127A.48 and
273.1325 shall be adjusted to include the tax capacity of property
5.26generally exempted from ad valorem taxes under section272.02 , subdivision 64.
5.27 Sec. 6. Minnesota Statutes 2013 Supplement, section 126C.48, subdivision 8, is
5.28amended to read:
5.29 Subd. 8. Taconite payment and other reductions. (1) Reductions in levies
5.30pursuant to subdivision 1 must be made prior to the reductions in clause (2).
5.31(2) Notwithstanding any other law to the contrary, districts that have revenue
5.32pursuant to sections298.018 ;
298.225 ;
298.24 to
298.28 , except an amount distributed
5.33under sections298.26 ;
298.28, subdivision 4 , paragraphs (c), clause (ii), and (d);
298.34
5.34to
298.39 ;
298.391 to
298.396 ;
298.405 ;
477A.15 ; and any law imposing a tax upon
5.35severed mineral values must reduce the levies authorized by this chapter and chapters
6.1120B, 122A, 123A, 123B, 124A, 124D, 125A, and 127A by 95 percent of the sum of the
6.2previous year's revenue specified under this clause and the amount attributable to the same
6.3production year distributed to the cities and townships within the school district under
6.4section298.28, subdivision 2 , paragraph (c).
6.5(3) The amount of any voter approved referendum, facilities down payment, and
6.6debt levies shall not be reduced by more than 50 percent under this subdivision, except
6.7that payments under section 298.301 may reduce the debt service levy by more than 50
6.8percent. In administering this paragraph, the commissioner shall first reduce the nonvoter
6.9approved levies of a district; then, if any payments, severed mineral value tax revenue or
6.10recognized revenue under paragraph (2) remains, the commissioner shall reduce any voter
6.11approved referendum levies authorized under section126C.17 ; then, if any payments,
6.12severed mineral value tax revenue or recognized revenue under paragraph (2) remains, the
6.13commissioner shall reduce any voter approved facilities down payment levies authorized
6.14under section123B.63 and then, if any payments, severed mineral value tax revenue or
6.15recognized revenue under paragraph (2) remains, the commissioner shall reduce any
6.16voter approved debt levies.
6.17(4) Before computing the reduction pursuant to this subdivision of the health and
6.18safety levy authorized by sections123B.57 and
126C.40, subdivision 5 , the commissioner
6.19shall ascertain from each affected school district the amount it proposes to levy under
6.20each section or subdivision. The reduction shall be computed on the basis of the amount
6.21so ascertained.
6.22(5) To the extent the levy reduction calculated under paragraph (2) exceeds the
6.23limitation in paragraph (3), an amount equal to the excess must be distributed from the
6.24school district's distribution under sections298.225 ,
298.28 , and
477A.15 in the following
6.25year to the cities and townships within the school district in the proportion that their
6.26taxable net tax capacity within the school district bears to the taxable net tax capacity of
6.27the school district for property taxes payable in the year prior to distribution. No city or
6.28township shall receive a distribution greater than its levy for taxes payable in the year prior
6.29to distribution. The commissioner of revenue shall certify the distributions of cities and
6.30towns under this paragraph to the county auditor by September 30 of the year preceding
6.31distribution. The county auditor shall reduce the proposed and final levies of cities and
6.32towns receiving distributions by the amount of their distribution. Distributions to the cities
6.33and towns shall be made at the times provided under section298.27 .
6.34 Sec. 7. Minnesota Statutes 2012, section 290.01, is amended by adding a subdivision
6.35to read:
7.1 Subd. 33. Royalty. "Royalty" means the amount in money or value of property
7.2received by any person having any right, title, or interest in any tract of land in this state
7.3for permission to explore, mine, take out, and remove metals, minerals, or ore, as those
7.4terms are used in chapter 298, but excluding "aggregate material" as defined in section
7.5298.75, subdivision 1, paragraph (a), clause (1).
7.6EFFECTIVE DATE.This section is effective for taxable years beginning after
7.7December 31, 2013.
7.8 Sec. 8. Minnesota Statutes 2012, section 290.06, is amended by adding a subdivision
7.9to read:
7.10 Subd. 37. Credit; royalty excise tax. A credit is allowed against the taxes imposed
7.11by this section, equal to the amount of the royalty excise tax paid under section 290.0923
7.12for the taxable year.
7.13EFFECTIVE DATE.This section is effective for taxable years beginning after
7.14December 31, 2013.
7.15 Sec. 9. [290.0923] EXCISE TAX; MINERAL ROYALTIES.
7.16(a) In addition to the taxes otherwise imposed by this chapter, an excise tax equal to
7.175.5 percent of the gross amount of royalties received or accrued during the taxable year
7.18is imposed on individuals, trusts, estates, and corporations, subject to tax under section
7.19290.06, subdivision 1.
7.20(b) For royalties paid to a partnership, the tax is imposed on each partner in
7.21proportion to the partner's distributive share of the income under section 704 of the
7.22Internal Revenue Code. For royalties paid to an S corporation, the tax is imposed on
7.23each shareholder in proportion to the shareholder's distributive share of income of the
7.24corporation under section 1366 of the Internal Revenue Code.
7.25EFFECTIVE DATE.This section is effective for royalties received or accrued in
7.26taxable years beginning after December 31, 2013.
7.27 Sec. 10. Minnesota Statutes 2013 Supplement, section 290.10, subdivision 1, is
7.28amended to read:
7.29 Subdivision 1. Expenses, interest, and taxes. In computing the net income of
7.30a taxpayer no deduction shall in any case be allowed for expenses, interest and taxes
7.31connected with or allocable against the production or receipt of all income not included in
7.32the measure of the tax imposed by this chapter, except that for corporations engaged in the
8.1business of mining or producing iron ore, the mining of which is subject to the occupation
8.2tax imposed by section298.01, subdivision 4 , this shall not prevent the deduction of
8.3expenses and other items to the extent that the expenses and other items are allowable
8.4under this chapter and are not deductible, capitalizable, retainable in basis, or taken into
8.5account by allowance or otherwise in computing the occupation tax and do not exceed the
8.6amounts taken for federal income tax purposes for that year. Occupation taxes imposed
8.7under chapter 298, royalty taxes imposed underchapter 299 section 290.0923, or depletion
8.8expenses may not be deducted under this subdivision.
8.9EFFECTIVE DATE.This section is effective for taxable years beginning after
8.10December 31, 2013.
8.11 Sec. 11. Minnesota Statutes 2012, section 290.62, is amended to read:
8.12290.62 DISTRIBUTION OF REVENUES.
8.13(a) All revenues derived from the taxes, interest, penalties and charges under this
8.14chapter shall, notwithstanding any other provisions of law except paragraph (b), be paid
8.15into the state treasury and credited to the general fund, and be distributed as follows:
8.16(1) There shall, notwithstanding any other provision of the law, be paid from this
8.17general fund all refunds of taxes erroneously collected from taxpayers under this chapter
8.18as provided herein;
8.19(2) There is hereby appropriated to the persons entitled to payment herein, from
8.20the fund or account in the state treasury to which the money was credited, an amount
8.21sufficient to make the refund and payment.
8.22(b) Notwithstanding paragraph (a), all of the revenues derived from the taxes, interest,
8.23penalties, and charges imposed by section 290.0923, less the amount of any credits allowed
8.24under section 290.06, subdivision 37, must be deposited in and credited to the Iron Range
8.25school construction and improvement trust account established under section 298.301.
8.26EFFECTIVE DATE.This section is effective the day following final enactment.
8.27 Sec. 12. Minnesota Statutes 2012, section 290.923, is amended by adding a subdivision
8.28to read:
8.29 Subd. 12. Royalty excise tax. The provisions of this section apply to each person
8.30paying royalties subject to taxation under section 290.0923 to require deducting and
8.31withholding the tax under that section from the royalty payments. The commissioner shall
8.32provide appropriate tables and forms for the withholding so that the amounts withheld
8.33approximate the tax as closely as possible, reflecting the liability that applies under section
9.1290.0923, less the amount of any credits allowed under section 290.06, subdivision 37.
9.2The provisions of subdivision 9 apply only to the extent that the payee is an entity exempt
9.3under section 290.05.
9.4EFFECTIVE DATE.This section is effective July 1, 2014.
9.5 Sec. 13. Minnesota Statutes 2012, section 298.28, is amended by adding a subdivision
9.6to read:
9.7 Subd. 9e. School construction and improvement trust account. (a) The following
9.8amounts must be allocated to the Iron Range Resources and Rehabilitation Board to be
9.9deposited in the Iron Range school construction and improvement trust account under
9.10section 298.301:
9.11(1) the amount derived from the increase in the rate attributable to the percentage
9.12change in the implicit price deflator in section 298.24, subdivision 1, paragraph (b), for
9.13concentrates produced in 2014 as compared to 2013, effective for the 2015 distribution,
9.14and the amount derived from the increase in the rate attributable to the percentage change
9.15in the implicit price deflator for concentrates produced in 2014 as compared to 2015,
9.16effective for the 2016 distribution and thereafter;
9.17(2) $2,500,000 per year beginning with the 2015 distribution; and
9.18(3) the amounts under paragraph (b).
9.19(b) In each year subsequent to the year in which the following appropriations
9.20terminate under their terms, an amount equal to the amount of the last year of the
9.21terminating appropriation is appropriated from the same sources for use as provided
9.22under paragraph (a), clause (3), to the Iron Range school construction and improvement
9.23trust account:
9.24(1) Laws 1996, chapter 412, article 5, section 21, subdivision 3, appropriation for
9.25bonds of Independent School District No. 166, Cook County;
9.26(2) Laws 1996, chapter 412, article 5, section 20, subdivision 2, appropriation for
9.27bonds of Independent School District No. 696, Ely;
9.28(3) Laws 1996, chapter 412, article 5, section 20, subdivision 2, appropriation for
9.29bonds of Independent School District No. 706, Virginia:
9.30(4) Laws 1996, chapter 412, article 5, section 20, subdivision 2, appropriation for
9.31bonds of Independent School District No. 2154, Eveleth-Gilbert;
9.32(5) Laws 1998, chapter 398, article 4, section 17, subdivision 2, appropriation for
9.33bonds of Independent School District No. 712, Mountain Iron-Buhl; and
9.34(6) Laws 2008, chapter 154, article 8, section 18, appropriation for bonds of
9.35Independent School District No. 2711, Mesabi East.
10.1EFFECTIVE DATE.This section is effective beginning with the distribution
10.2in 2015.
10.3 Sec. 14. Minnesota Statutes 2012, section 298.28, subdivision 11, is amended to read:
10.4 Subd. 11. Remainder. (a) The proceeds of the tax imposed by section298.24 which
10.5remain after the distributions and payments in subdivisions 2 to 10a, as certified by the
10.6commissioner of revenue, and paragraphs (b), (c), and (d) have been made, together with
10.7interest earned on all money distributed under this section prior to distribution, shall be
10.8divided between the taconite environmental protection fund created in section298.223
10.9and the Douglas J. Johnson economic protection trust fund created in section298.292 as
10.10follows: Two-thirds to the taconite environmental protection fund; $2,500,000 to the Iron
10.11Range school construction and improvement trust account; andone-third the remainder to
10.12the Douglas J. Johnson economic protection trust fund. The proceeds shall be placed in
10.13the respective special accounts.
10.14(b) There shall be distributed to each city, town, and county the amount that it
10.15received under section294.26 in calendar year 1977; provided, however, that the amount
10.16distributed in 1981 to the unorganized territory number 2 of Lake County and the town
10.17of Beaver Bay based on the between-terminal trackage of Erie Mining Company will be
10.18distributed in 1982 and subsequent years to the unorganized territory number 2 of Lake
10.19County and the towns of Beaver Bay and Stony River based on the miles of track of Erie
10.20Mining Company in each taxing district.
10.21(c) There shall be distributed to the Iron Range Resources and Rehabilitation Board
10.22the amounts it received in 1977 under section298.22 . The amount distributed under
10.23this paragraph shall be expended within or for the benefit of the taconite assistance area
10.24defined in section273.1341 .
10.25(d) There shall be distributed to each school district 62 percent of the amount that it
10.26received under section294.26 in calendar year 1977.
10.27EFFECTIVE DATE.This section is effective beginning with the distribution
10.28in 2015.
10.29 Sec. 15. Minnesota Statutes 2013 Supplement, section 298.292, subdivision 2, is
10.30amended to read:
10.31 Subd. 2. Use of money. Money in the Douglas J. Johnson economic protection trust
10.32fund may be used for the following purposes:
10.33 (1) to provide loans, loan guarantees, interest buy-downs and other forms of
10.34participation with private sources of financing, but a loan to a private enterprise shall be
11.1for a principal amount not to exceed one-half of the cost of the project for which financing
11.2is sought, and the rate of interest on a loan to a private enterprise shall be no less than the
11.3lesser of eight percent or an interest rate three percentage points less than a full faith
11.4and credit obligation of the United States government of comparable maturity, at the
11.5time that the loan is approved;
11.6 (2) to fund reserve accounts established to secure the payment when due of the
11.7principal of and interest on bonds issued pursuant to section298.2211 ;
11.8 (3) to pay in periodic payments or in a lump-sum payment any or all of the interest
11.9on bonds issued pursuant to chapter 474 for the purpose of constructing, converting,
11.10or retrofitting heating facilities in connection with district heating systems or systems
11.11utilizing alternative energy sources;
11.12 (4) to invest in a venture capital fund or enterprise that will provide capital to other
11.13entities that are engaging in, or that will engage in, projects or programs that have the
11.14purposes set forth in subdivision 1. No investments may be made in a venture capital fund
11.15or enterprise unless at least two other unrelated investors make investments of at least
11.16$500,000 in the venture capital fund or enterprise, and the investment by the Douglas
11.17J. Johnson economic protection trust fund may not exceed the amount of the largest
11.18investment by an unrelated investor in the venture capital fund or enterprise. For purposes
11.19of this subdivision, an "unrelated investor" is a person or entity that is not related to
11.20the entity in which the investment is made or to any individual who owns more than 40
11.21percent of the value of the entity, in any of the following relationships: spouse, parent,
11.22child, sibling, employee, or owner of an interest in the entity that exceeds ten percent of
11.23the value of all interests in it. For purposes of determining the limitations under this
11.24clause, the amount of investments made by an investor other than the Douglas J. Johnson
11.25economic protection trust fund is the sum of all investments made in the venture capital
11.26fund or enterprise during the period beginning one year before the date of the investment
11.27by the Douglas J. Johnson economic protection trust fund;and
11.28 (5) to purchase forest land in the taconite assistance area defined in section273.1341
11.29to be held and managed as a public trust for the benefit of the area for the purposes
11.30authorized in section298.22, subdivision 5a . Property purchased under this section may
11.31be sold by the commissioner upon approval by the board. The net proceeds must be
11.32deposited in the trust fund for the purposes and uses of this section.; and
11.33(6) to make payments to school districts or to pay bonds under appropriations of
11.34or allocations money from the Iron Range school construction and improvement trust
11.35account under section 298.301 if the amounts in that account are insufficient to pay the
11.36appropriations or allocations. Notwithstanding the restrictions in sections 298.293 and
12.1298.296, subdivision 2, or any other law to the contrary, the corpus of the fund may be
12.2used to make payments under this clause.
12.3 Money from the trust fund shall be expended only in or for the benefit of the taconite
12.4assistance area defined in section273.1341 .
12.5EFFECTIVE DATE.This section is effective the day following final enactment.
12.6 Sec. 16. [298.301] IRON RANGE SCHOOL CONSTRUCTION AND
12.7IMPROVEMENT TRUST ACCOUNT.
12.8 Subdivision 1. Account established. The Iron Range school construction and
12.9improvement trust account is established to receive amounts deposited under sections
12.10290.62, paragraph (b), and 298.28, subdivision 9e. Amounts in the account must be used
12.11to finance school buildings and other construction and improvements for school districts
12.12located in the taconite tax relief area.
12.13 Subd. 2. Distributions. (a) Each year, beginning in calendar year 2015, the
12.14following amounts are distributed from the account established in subdivision 1 for
12.15reduction of the district's net debt service levy:
12.16(1) for Independent School District No. 2711, Mesabi East, $600,000;
12.17(2) for Independent School District No. 2142, St. Louis County, $1,500,000; and
12.18(3) for Independent School District No. 706, Virginia, $5,000,000.
12.19(b) The commissioner of the Iron Range Resources and Rehabilitation Board, with
12.20the approval of the board, may adjust the payments in paragraph (a) to better match each
12.21district's bond schedule.
12.22 Subd. 3. Additional projects. To the extent that funds remain in the account after
12.23distribution under subdivision 2, the commissioner of the Iron Range Resources and
12.24Rehabilitation Board may enter into agreements with other districts eligible for revenue
12.25under section 298.28, subdivision 4, that have formed a joint powers cooperative under
12.26section 123A.482.
12.27EFFECTIVE DATE.This section is effective the day following final enactment.
12.28 Sec. 17. Laws 2013, chapter 116, article 1, section 58, subdivision 5, is amended to read:
12.29 Subd. 5. Consolidation transition. For districts consolidating under Minnesota
12.30Statutes, section123A.485 :
13.1The 2014 appropriation includes $40,000 for 2013 and $432,000 for 2014.
13.2The 2015 appropriation includes $68,000 for 2014 and$412,000 $....... for 2015.
13.3 Sec. 18. STATE BOND AUTHORIZATION.
13.4 Subdivision 1. Appropriation. $....... is appropriated from the bond proceeds
13.5fund to the commissioner of education for cooperative facilities grants under Minnesota
13.6Statutes, sections 123A.441 to 123A.446.
13.7 Subd. 2. Bond proceeds fund. To provide the money appropriated in subdivision
13.81 from the bond proceeds fund, the commissioner of management and budget shall sell
13.9and issue bonds of the state in an amount up to $....... in the manner, upon the terms, and
13.10with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the
13.11Minnesota Constitution, article XI, sections 4 to 7.
13.12 Sec. 19. REPEALER.
13.13Minnesota Statutes 2012, section 290.923, subdivision 1, is repealed.
1.3authorized secondary programs; expanding cooperation aid; imposing an excise
1.4tax on royalties; allowing an income and corporate franchise tax credit; increasing
1.5the taconite production tax rate; modifying the distribution of production taxes;
1.6providing security for payment of certain school bonds; authorizing uses of the
1.7Douglas J. Johnson economic protection trust fund; establishing a trust account
1.8to finance school facilities on the Iron Range; authorizing the sale and issuance of
1.9state bonds; appropriating money;amending Minnesota Statutes 2012, sections
1.10123A.442, by adding a subdivision; 123A.485; 123A.64; 290.01, by adding a
1.11subdivision; 290.06, by adding a subdivision; 290.62; 290.923, by adding a
1.12subdivision; 298.28, subdivision 11, by adding a subdivision; Minnesota Statutes
1.132013 Supplement, sections 123B.53, subdivision 1; 126C.48, subdivision 8;
1.14290.10, subdivision 1; 298.292, subdivision 2; Laws 2013, chapter 116, article 1,
1.15section 58, subdivision 5; proposing coding for new law in Minnesota Statutes,
1.16chapters 123A; 290; 298; repealing Minnesota Statutes 2012, section 290.923,
1.17subdivision 1.
1.18BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.19 Section 1. Minnesota Statutes 2012, section 123A.442, is amended by adding a
1.20subdivision to read:
1.21 Subd. 4. Cooperatively operated secondary facilities. A school district or
1.22cooperative entity operating a cooperative secondary program that has been approved by
1.23the commissioner under section 123A.482 is eligible for a cooperative facilities grant.
1.24EFFECTIVE DATE.This section is effective the day following final enactment.
1.25 Sec. 2. [123A.482] JOINT POWERS COOPERATIVE FACILITY.
1.26 Subdivision 1. Schools may be jointly operated. Two or more school districts may
1.27agree to jointly operate a secondary facility. The districts may choose to operate the
1.28facility according to a joint powers agreement under section 123A.78 or 471.59.
2.1 Subd. 2. Expanded program offerings. A jointly operated secondary program
2.2seeking funding under section 123A.485 must demonstrate to the commissioner's
2.3satisfaction that the jointly operated program provides enhanced learning opportunities and
2.4broader curriculum offerings to the students attending that program. The commissioner
2.5must approve or disapprove a cooperative secondary program within 60 days of receipt of
2.6an application.
2.7 Subd. 3. Revenue. An approved program that is jointly operated under this section
2.8is eligible for aid under section 123A.485 and qualifies for a facilities grant under sections
2.9123A.44 to 123A.446.
2.10 Subd. 4. Duty to maintain elementary and secondary schools met. A school
2.11district operating a joint facility under this section meets the requirements of section
2.12123A.64.
2.13 Subd. 5. Estimated market value limit exclusion. Bonds for a cooperative facility
2.14operated under this section issued by a member school district are not subject to the net
2.15debt limit under section 475.53, subdivision 4.
2.16 Subd. 6. Allocation of levy authority for joint facility. For purposes of determining
2.17each member district's school levy, a jointly operated secondary program may allocate
2.18program costs to each member district according to the joint powers agreement and each
2.19member district may include those costs in its tax levy. The joint powers agreement may
2.20choose to allocate costs on any basis adopted as part of the joint powers agreement.
2.21 Subd. 7. Effect of consolidation. The joint powers agreement may allow member
2.22school districts that choose to consolidate to continue to certify levies separately based on
2.23each component district's characteristics.
2.24 Subd. 8. Bonds. A joint powers district formed under this section may issue bonds
2.25according to section 123A.78 or its member districts may issue bonds individually after
2.26complying with this subdivision. The joint powers board must submit the project for
2.27review and comment under section 123B.71. The joint powers board must hold a hearing
2.28on the proposal. If the bonds are not issued under section 123A.78, each member district
2.29of the joint powers district must submit the question of authorizing borrowing of funds for
2.30the project to the voters of the district at a special election. The question submitted shall
2.31state the total amount of funding needed from that district. The member district may issue
2.32the bonds according to chapter 475 and certify the levy required by section 475.61 only if
2.33a majority of those voting on the question in that district vote in the affirmative and only
2.34after the board has adopted a resolution pledging the full faith and credit of that unit. The
2.35resolution must irrevocably commit that unit to pay an agreed-upon share of any debt levy
2.36shortages that, together with other funds available, would allow the member school board
3.1to pay the principal and interest on the obligations. The clerk of the joint powers board
3.2must certify the vote of any bond elections to the commissioner.
3.3EFFECTIVE DATE.This section is effective the day following final enactment.
3.4 Sec. 3. Minnesota Statutes 2012, section 123A.485, is amended to read:
3.5123A.485 CONSOLIDATION TRANSITION
3.6 Subdivision 1. Eligibility and use. A district that operates a cooperative facility
3.7under section 123A.482 or that has been reorganized after June 30, 1994, under section
3.9 aid
3.10 aid may only be used according to this section. Revenue must be used for the following
3.11purposes and may be distributed among these purposes at the discretion of the district or
3.12the governing board of the cooperative facility:
3.13(1) to offer early retirement incentives as provided by section
3.1423
3.15(2) to reduce operating debt as defined in section
3.16(3) to enhance learning opportunities for students in the reorganized district;
3.17(4) to repay building debt; or
3.18(5) for other costs incurred in the reorganization.
3.19Revenue received and utilized under clause (3) or
3.20operating, facilities, and/or equipment.
3.21 Subd. 2. Aid.
3.22number of
3.23section 123A.482 or the consolidated district
3.24
3.25section 123A.48. The number of pupil units used to calculate aid
3.26
3.27
3.28aid under this section for not more than five years except as provided in subdivision 4.
3.29
3.30
3.31
3.32
3.33
4.1 Subd. 3. Levy. If the aid available in subdivision 2 is insufficient to cover the costs
4.2of the district under section
4.3over a period of time not to exceed three years.
4.4 Subd. 4. New districts. If a district enters into a cooperative secondary facilities
4.5program or consolidates with another district that has received aid under section
4.6subdivision 3
4.7six years of the effective date of the new consolidation or the start of the cooperative
4.8secondary facilities program, only the pupil units in the district or districts not previously
4.9 cooperating or reorganized must be counted for aid purposes under subdivision 2. If
4.10two or more districts consolidate and all districts received aid under subdivision 2 for a
4.11consolidation taking effect within six years of the effective date of the new consolidation,
4.12only one quarter of the pupil units in the newly created district must be used to determine
4.13aid under subdivision 2.
4.14EFFECTIVE DATE.This section is effective for state aid for fiscal year 2015
4.15and later.
4.16 Sec. 4. Minnesota Statutes 2012, section 123A.64, is amended to read:
4.17123A.64 DUTY TO MAINTAIN ELEMENTARY AND SECONDARY
4.18SCHOOLS.
4.19Each district must maintain classified elementary and secondary schools, grades 1
4.20through 12, unless the district is exempt according to section
4.21made an agreement with another district or districts as provided in sections
4.23grant under sections
4.24123A.482. A district that has an agreement according to sections
4.26district that has an agreement according to section
4.27has received a grant under sections
4.28grades not included in the agreement, but not fewer than three grades.
4.29 Sec. 5. Minnesota Statutes 2013 Supplement, section 123B.53, subdivision 1, is
4.30amended to read:
4.31 Subdivision 1. Definitions. (a) For purposes of this section, the eligible debt service
4.32revenue of a district is defined as follows:
5.1 (1) the amount needed to produce between five and six percent in excess of the
5.2amount needed to meet when due the principal and interest payments on the obligations
5.3of the district for eligible projects according to subdivision 2, including the amounts
5.4necessary for repayment of energy loans according to section
5.5to
5.75
5.8 (2) the amount of debt service excess levy reduction for that school year calculated
5.9according to the procedure established by the commissioner.
5.10 (b) The obligations in this paragraph are excluded from eligible debt service revenue:
5.11 (1) obligations under section
5.12 (2) the part of debt service principal and interest paid from the taconite environmental
5.13protection fund or Douglas J. Johnson economic protection trust, excluding the portion
5.14of taconite payments from the school construction and improvement trust account under
5.15section 298.301, including any payments made from the Douglas J. Johnson economic
5.16protection trust fund under section 298.292, subdivision 2, clause (6);
5.17 (3) obligations issued under Laws 1991, chapter 265, article 5, section 18, as
5.18amended by Laws 1992, chapter 499, article 5, section 24; and
5.19 (4) obligations under section
5.20 (c) For purposes of this section, if a preexisting school district reorganized under
5.21sections
5.22of the preexisting district's bonded indebtedness, capital loans or debt service loans, debt
5.23service equalization aid must be computed separately for each of the preexisting districts.
5.24 (d) For purposes of this section, the adjusted net tax capacity determined according
5.25to sections
5.26generally exempted from ad valorem taxes under section
5.27 Sec. 6. Minnesota Statutes 2013 Supplement, section 126C.48, subdivision 8, is
5.28amended to read:
5.29 Subd. 8. Taconite payment and other reductions. (1) Reductions in levies
5.30pursuant to subdivision 1 must be made prior to the reductions in clause (2).
5.31(2) Notwithstanding any other law to the contrary, districts that have revenue
5.32pursuant to sections
5.33under sections
5.35severed mineral values must reduce the levies authorized by this chapter and chapters
6.1120B, 122A, 123A, 123B, 124A, 124D, 125A, and 127A by 95 percent of the sum of the
6.2previous year's revenue specified under this clause and the amount attributable to the same
6.3production year distributed to the cities and townships within the school district under
6.4section
6.5(3) The amount of any voter approved referendum, facilities down payment, and
6.6debt levies shall not be reduced by more than 50 percent under this subdivision, except
6.7that payments under section 298.301 may reduce the debt service levy by more than 50
6.8percent. In administering this paragraph, the commissioner shall first reduce the nonvoter
6.9approved levies of a district; then, if any payments, severed mineral value tax revenue or
6.10recognized revenue under paragraph (2) remains, the commissioner shall reduce any voter
6.11approved referendum levies authorized under section
6.12severed mineral value tax revenue or recognized revenue under paragraph (2) remains, the
6.13commissioner shall reduce any voter approved facilities down payment levies authorized
6.14under section
6.15recognized revenue under paragraph (2) remains, the commissioner shall reduce any
6.16voter approved debt levies.
6.17(4) Before computing the reduction pursuant to this subdivision of the health and
6.18safety levy authorized by sections
6.19shall ascertain from each affected school district the amount it proposes to levy under
6.20each section or subdivision. The reduction shall be computed on the basis of the amount
6.21so ascertained.
6.22(5) To the extent the levy reduction calculated under paragraph (2) exceeds the
6.23limitation in paragraph (3), an amount equal to the excess must be distributed from the
6.24school district's distribution under sections
6.25year to the cities and townships within the school district in the proportion that their
6.26taxable net tax capacity within the school district bears to the taxable net tax capacity of
6.27the school district for property taxes payable in the year prior to distribution. No city or
6.28township shall receive a distribution greater than its levy for taxes payable in the year prior
6.29to distribution. The commissioner of revenue shall certify the distributions of cities and
6.30towns under this paragraph to the county auditor by September 30 of the year preceding
6.31distribution. The county auditor shall reduce the proposed and final levies of cities and
6.32towns receiving distributions by the amount of their distribution. Distributions to the cities
6.33and towns shall be made at the times provided under section
6.34 Sec. 7. Minnesota Statutes 2012, section 290.01, is amended by adding a subdivision
6.35to read:
7.1 Subd. 33. Royalty. "Royalty" means the amount in money or value of property
7.2received by any person having any right, title, or interest in any tract of land in this state
7.3for permission to explore, mine, take out, and remove metals, minerals, or ore, as those
7.4terms are used in chapter 298, but excluding "aggregate material" as defined in section
7.5298.75, subdivision 1, paragraph (a), clause (1).
7.6EFFECTIVE DATE.This section is effective for taxable years beginning after
7.7December 31, 2013.
7.8 Sec. 8. Minnesota Statutes 2012, section 290.06, is amended by adding a subdivision
7.9to read:
7.10 Subd. 37. Credit; royalty excise tax. A credit is allowed against the taxes imposed
7.11by this section, equal to the amount of the royalty excise tax paid under section 290.0923
7.12for the taxable year.
7.13EFFECTIVE DATE.This section is effective for taxable years beginning after
7.14December 31, 2013.
7.15 Sec. 9. [290.0923] EXCISE TAX; MINERAL ROYALTIES.
7.16(a) In addition to the taxes otherwise imposed by this chapter, an excise tax equal to
7.175.5 percent of the gross amount of royalties received or accrued during the taxable year
7.18is imposed on individuals, trusts, estates, and corporations, subject to tax under section
7.19290.06, subdivision 1.
7.20(b) For royalties paid to a partnership, the tax is imposed on each partner in
7.21proportion to the partner's distributive share of the income under section 704 of the
7.22Internal Revenue Code. For royalties paid to an S corporation, the tax is imposed on
7.23each shareholder in proportion to the shareholder's distributive share of income of the
7.24corporation under section 1366 of the Internal Revenue Code.
7.25EFFECTIVE DATE.This section is effective for royalties received or accrued in
7.26taxable years beginning after December 31, 2013.
7.27 Sec. 10. Minnesota Statutes 2013 Supplement, section 290.10, subdivision 1, is
7.28amended to read:
7.29 Subdivision 1. Expenses, interest, and taxes. In computing the net income of
7.30a taxpayer no deduction shall in any case be allowed for expenses, interest and taxes
7.31connected with or allocable against the production or receipt of all income not included in
7.32the measure of the tax imposed by this chapter, except that for corporations engaged in the
8.1business of mining or producing iron ore, the mining of which is subject to the occupation
8.2tax imposed by section
8.3expenses and other items to the extent that the expenses and other items are allowable
8.4under this chapter and are not deductible, capitalizable, retainable in basis, or taken into
8.5account by allowance or otherwise in computing the occupation tax and do not exceed the
8.6amounts taken for federal income tax purposes for that year. Occupation taxes imposed
8.7under chapter 298, royalty taxes imposed under
8.8expenses may not be deducted under this subdivision.
8.9EFFECTIVE DATE.This section is effective for taxable years beginning after
8.10December 31, 2013.
8.11 Sec. 11. Minnesota Statutes 2012, section 290.62, is amended to read:
8.12290.62 DISTRIBUTION OF REVENUES.
8.13(a) All revenues derived from the taxes, interest, penalties and charges under this
8.14chapter shall, notwithstanding any other provisions of law except paragraph (b), be paid
8.15into the state treasury and credited to the general fund, and be distributed as follows:
8.16(1) There shall, notwithstanding any other provision of the law, be paid from this
8.17general fund all refunds of taxes erroneously collected from taxpayers under this chapter
8.18as provided herein;
8.19(2) There is hereby appropriated to the persons entitled to payment herein, from
8.20the fund or account in the state treasury to which the money was credited, an amount
8.21sufficient to make the refund and payment.
8.22(b) Notwithstanding paragraph (a), all of the revenues derived from the taxes, interest,
8.23penalties, and charges imposed by section 290.0923, less the amount of any credits allowed
8.24under section 290.06, subdivision 37, must be deposited in and credited to the Iron Range
8.25school construction and improvement trust account established under section 298.301.
8.26EFFECTIVE DATE.This section is effective the day following final enactment.
8.27 Sec. 12. Minnesota Statutes 2012, section 290.923, is amended by adding a subdivision
8.28to read:
8.29 Subd. 12. Royalty excise tax. The provisions of this section apply to each person
8.30paying royalties subject to taxation under section 290.0923 to require deducting and
8.31withholding the tax under that section from the royalty payments. The commissioner shall
8.32provide appropriate tables and forms for the withholding so that the amounts withheld
8.33approximate the tax as closely as possible, reflecting the liability that applies under section
9.1290.0923, less the amount of any credits allowed under section 290.06, subdivision 37.
9.2The provisions of subdivision 9 apply only to the extent that the payee is an entity exempt
9.3under section 290.05.
9.4EFFECTIVE DATE.This section is effective July 1, 2014.
9.5 Sec. 13. Minnesota Statutes 2012, section 298.28, is amended by adding a subdivision
9.6to read:
9.7 Subd. 9e. School construction and improvement trust account. (a) The following
9.8amounts must be allocated to the Iron Range Resources and Rehabilitation Board to be
9.9deposited in the Iron Range school construction and improvement trust account under
9.10section 298.301:
9.11(1) the amount derived from the increase in the rate attributable to the percentage
9.12change in the implicit price deflator in section 298.24, subdivision 1, paragraph (b), for
9.13concentrates produced in 2014 as compared to 2013, effective for the 2015 distribution,
9.14and the amount derived from the increase in the rate attributable to the percentage change
9.15in the implicit price deflator for concentrates produced in 2014 as compared to 2015,
9.16effective for the 2016 distribution and thereafter;
9.17(2) $2,500,000 per year beginning with the 2015 distribution; and
9.18(3) the amounts under paragraph (b).
9.19(b) In each year subsequent to the year in which the following appropriations
9.20terminate under their terms, an amount equal to the amount of the last year of the
9.21terminating appropriation is appropriated from the same sources for use as provided
9.22under paragraph (a), clause (3), to the Iron Range school construction and improvement
9.23trust account:
9.24(1) Laws 1996, chapter 412, article 5, section 21, subdivision 3, appropriation for
9.25bonds of Independent School District No. 166, Cook County;
9.26(2) Laws 1996, chapter 412, article 5, section 20, subdivision 2, appropriation for
9.27bonds of Independent School District No. 696, Ely;
9.28(3) Laws 1996, chapter 412, article 5, section 20, subdivision 2, appropriation for
9.29bonds of Independent School District No. 706, Virginia:
9.30(4) Laws 1996, chapter 412, article 5, section 20, subdivision 2, appropriation for
9.31bonds of Independent School District No. 2154, Eveleth-Gilbert;
9.32(5) Laws 1998, chapter 398, article 4, section 17, subdivision 2, appropriation for
9.33bonds of Independent School District No. 712, Mountain Iron-Buhl; and
9.34(6) Laws 2008, chapter 154, article 8, section 18, appropriation for bonds of
9.35Independent School District No. 2711, Mesabi East.
10.1EFFECTIVE DATE.This section is effective beginning with the distribution
10.2in 2015.
10.3 Sec. 14. Minnesota Statutes 2012, section 298.28, subdivision 11, is amended to read:
10.4 Subd. 11. Remainder. (a) The proceeds of the tax imposed by section
10.5remain after the distributions and payments in subdivisions 2 to 10a, as certified by the
10.6commissioner of revenue, and paragraphs (b), (c), and (d) have been made, together with
10.7interest earned on all money distributed under this section prior to distribution, shall be
10.8divided between the taconite environmental protection fund created in section
10.9and the Douglas J. Johnson economic protection trust fund created in section
10.10follows: Two-thirds to the taconite environmental protection fund; $2,500,000 to the Iron
10.11Range school construction and improvement trust account; and
10.12the Douglas J. Johnson economic protection trust fund. The proceeds shall be placed in
10.13the respective special accounts.
10.14(b) There shall be distributed to each city, town, and county the amount that it
10.15received under section
10.16distributed in 1981 to the unorganized territory number 2 of Lake County and the town
10.17of Beaver Bay based on the between-terminal trackage of Erie Mining Company will be
10.18distributed in 1982 and subsequent years to the unorganized territory number 2 of Lake
10.19County and the towns of Beaver Bay and Stony River based on the miles of track of Erie
10.20Mining Company in each taxing district.
10.21(c) There shall be distributed to the Iron Range Resources and Rehabilitation Board
10.22the amounts it received in 1977 under section
10.23this paragraph shall be expended within or for the benefit of the taconite assistance area
10.24defined in section
10.25(d) There shall be distributed to each school district 62 percent of the amount that it
10.26received under section
10.27EFFECTIVE DATE.This section is effective beginning with the distribution
10.28in 2015.
10.29 Sec. 15. Minnesota Statutes 2013 Supplement, section 298.292, subdivision 2, is
10.30amended to read:
10.31 Subd. 2. Use of money. Money in the Douglas J. Johnson economic protection trust
10.32fund may be used for the following purposes:
10.33 (1) to provide loans, loan guarantees, interest buy-downs and other forms of
10.34participation with private sources of financing, but a loan to a private enterprise shall be
11.1for a principal amount not to exceed one-half of the cost of the project for which financing
11.2is sought, and the rate of interest on a loan to a private enterprise shall be no less than the
11.3lesser of eight percent or an interest rate three percentage points less than a full faith
11.4and credit obligation of the United States government of comparable maturity, at the
11.5time that the loan is approved;
11.6 (2) to fund reserve accounts established to secure the payment when due of the
11.7principal of and interest on bonds issued pursuant to section
11.8 (3) to pay in periodic payments or in a lump-sum payment any or all of the interest
11.9on bonds issued pursuant to chapter 474 for the purpose of constructing, converting,
11.10or retrofitting heating facilities in connection with district heating systems or systems
11.11utilizing alternative energy sources;
11.12 (4) to invest in a venture capital fund or enterprise that will provide capital to other
11.13entities that are engaging in, or that will engage in, projects or programs that have the
11.14purposes set forth in subdivision 1. No investments may be made in a venture capital fund
11.15or enterprise unless at least two other unrelated investors make investments of at least
11.16$500,000 in the venture capital fund or enterprise, and the investment by the Douglas
11.17J. Johnson economic protection trust fund may not exceed the amount of the largest
11.18investment by an unrelated investor in the venture capital fund or enterprise. For purposes
11.19of this subdivision, an "unrelated investor" is a person or entity that is not related to
11.20the entity in which the investment is made or to any individual who owns more than 40
11.21percent of the value of the entity, in any of the following relationships: spouse, parent,
11.22child, sibling, employee, or owner of an interest in the entity that exceeds ten percent of
11.23the value of all interests in it. For purposes of determining the limitations under this
11.24clause, the amount of investments made by an investor other than the Douglas J. Johnson
11.25economic protection trust fund is the sum of all investments made in the venture capital
11.26fund or enterprise during the period beginning one year before the date of the investment
11.27by the Douglas J. Johnson economic protection trust fund;
11.28 (5) to purchase forest land in the taconite assistance area defined in section
11.30authorized in section
11.31be sold by the commissioner upon approval by the board. The net proceeds must be
11.32deposited in the trust fund for the purposes and uses of this section
11.33(6) to make payments to school districts or to pay bonds under appropriations of
11.34or allocations money from the Iron Range school construction and improvement trust
11.35account under section 298.301 if the amounts in that account are insufficient to pay the
11.36appropriations or allocations. Notwithstanding the restrictions in sections 298.293 and
12.1298.296, subdivision 2, or any other law to the contrary, the corpus of the fund may be
12.2used to make payments under this clause.
12.3 Money from the trust fund shall be expended only in or for the benefit of the taconite
12.4assistance area defined in section
12.5EFFECTIVE DATE.This section is effective the day following final enactment.
12.6 Sec. 16. [298.301] IRON RANGE SCHOOL CONSTRUCTION AND
12.7IMPROVEMENT TRUST ACCOUNT.
12.8 Subdivision 1. Account established. The Iron Range school construction and
12.9improvement trust account is established to receive amounts deposited under sections
12.10290.62, paragraph (b), and 298.28, subdivision 9e. Amounts in the account must be used
12.11to finance school buildings and other construction and improvements for school districts
12.12located in the taconite tax relief area.
12.13 Subd. 2. Distributions. (a) Each year, beginning in calendar year 2015, the
12.14following amounts are distributed from the account established in subdivision 1 for
12.15reduction of the district's net debt service levy:
12.16(1) for Independent School District No. 2711, Mesabi East, $600,000;
12.17(2) for Independent School District No. 2142, St. Louis County, $1,500,000; and
12.18(3) for Independent School District No. 706, Virginia, $5,000,000.
12.19(b) The commissioner of the Iron Range Resources and Rehabilitation Board, with
12.20the approval of the board, may adjust the payments in paragraph (a) to better match each
12.21district's bond schedule.
12.22 Subd. 3. Additional projects. To the extent that funds remain in the account after
12.23distribution under subdivision 2, the commissioner of the Iron Range Resources and
12.24Rehabilitation Board may enter into agreements with other districts eligible for revenue
12.25under section 298.28, subdivision 4, that have formed a joint powers cooperative under
12.26section 123A.482.
12.27EFFECTIVE DATE.This section is effective the day following final enactment.
12.28 Sec. 17. Laws 2013, chapter 116, article 1, section 58, subdivision 5, is amended to read:
12.29 Subd. 5. Consolidation transition. For districts consolidating under Minnesota
12.30Statutes, section
12.31 |
$ |
472,000 |
..... |
2014 |
|
12.32 12.33 |
$ |
....... |
..... |
2015 |
13.2The 2015 appropriation includes $68,000 for 2014 and
13.3 Sec. 18. STATE BOND AUTHORIZATION.
13.4 Subdivision 1. Appropriation. $....... is appropriated from the bond proceeds
13.5fund to the commissioner of education for cooperative facilities grants under Minnesota
13.6Statutes, sections 123A.441 to 123A.446.
13.7 Subd. 2. Bond proceeds fund. To provide the money appropriated in subdivision
13.81 from the bond proceeds fund, the commissioner of management and budget shall sell
13.9and issue bonds of the state in an amount up to $....... in the manner, upon the terms, and
13.10with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the
13.11Minnesota Constitution, article XI, sections 4 to 7.
13.12 Sec. 19. REPEALER.
13.13Minnesota Statutes 2012, section 290.923, subdivision 1, is repealed.