2007 Minnesota Statutes

127A.49 AID ADJUSTMENTS.
    Subdivision 1. Omissions. No adjustments to any aid payments made pursuant to this
chapter or chapters 120B, 122A, 123A, 123B, 124D, 125A, and 126C resulting from omissions
in district reports, except those adjustments determined by the legislative auditor, shall be made
for any school year after December 30 of the next school year, unless otherwise specifically
provided by law.
    Subd. 2. Abatements. Whenever by virtue of chapter 278, sections 270C.86, 375.192, or
otherwise, the net tax capacity or referendum market value of any district for any taxable year is
changed after the taxes for that year have been spread by the county auditor and the local tax rate
as determined by the county auditor based upon the original net tax capacity is applied upon the
changed net tax capacities, the county auditor shall, prior to February 1 of each year, certify to
the commissioner of education the amount of any resulting net revenue loss that accrued to the
district during the preceding year. Each year, the commissioner shall pay an abatement adjustment
to the district in an amount calculated according to the provisions of this subdivision. This amount
shall be deducted from the amount of the levy authorized by section 126C.46. The amount of the
abatement adjustment must be the product of:
    (1) the net revenue loss as certified by the county auditor, times
    (2) the ratio of:
    (i) the sum of the amounts of the district's certified levy in the third preceding year according
to the following:
    (A) section 123B.57, if the district received health and safety aid according to that section for
the second preceding year;
    (B) section 124D.20, if the district received aid for community education programs according
to that section for the second preceding year;
    (C) section 124D.135, subdivision 3, if the district received early childhood family education
aid according to section 124D.135 for the second preceding year;
    (D) section 126C.17, subdivision 6, if the district received referendum equalization aid
according to that section for the second preceding year;
    (E) section 126C.13, if the district received general education aid according to section
126C.13, subdivision 4, paragraph (b), clause (1), of that section in the second preceding year;
    (F) section 126C.10, subdivision 13a, if the district received operating capital aid according
to section 126C.10, subdivision 13b, in the second preceding year;
    (G) section 126C.10, subdivision 29, if the district received equity aid according to section
126C.10, subdivision 30, in the second preceding year;
    (H) section 126C.10, subdivision 32, if the district received transition aid according to
section 126C.10, subdivision 33, in the second preceding year;
    (I) section 123B.53, subdivision 5, if the district received debt service equalization aid
according to section 123B.53, subdivision 6, in the second preceding year;
    (J) section 124D.22, subdivision 3, if the district received school-age care aid according to
section 124D.22, subdivision 4, in the second preceding year;
    (K) section 123B.591, subdivision 3, if the district received deferred maintenance aid
according to section 123B.591, subdivision 4, in the second preceding year; and
    (L) section 126C.10, subdivision 35, if the district received alternative teacher compensation
equalization aid according to section 126C.10, subdivision 36, paragraph (a), in the second
preceding year; to
    (ii) the total amount of the district's certified levy in the third preceding December, plus or
minus auditor's adjustments.
    Subd. 3. Excess tax increment. (a) If a return of excess tax increment is made to a district
pursuant to sections 469.176, subdivision 2, and 469.177, subdivision 9, or upon decertification of
a tax increment district, the school district's aid and levy limitations must be adjusted for the fiscal
year in which the excess tax increment is paid under the provisions of this subdivision.
    (b) An amount must be subtracted from the district's aid for the current fiscal year equal to
the product of:
    (1) the amount of the payment of excess tax increment to the district, times
    (2) the ratio of:
    (i) the sum of the amounts of the district's certified levy for the fiscal year in which the excess
tax increment is paid according to the following:
    (A) section 123B.57, if the district received health and safety aid according to that section for
the second preceding year;
    (B) section 124D.20, if the district received aid for community education programs according
to that section for the second preceding year;
    (C) section 124D.135, subdivision 3, if the district received early childhood family education
aid according to section 124D.135 for the second preceding year;
    (D) section 126C.17, subdivision 6, if the district received referendum equalization aid
according to that section for the second preceding year;
    (E) section 126C.13, if the district received general education aid according to section
126C.13, subdivision 4, paragraph (b), clause (1), of that section in the second preceding year;
    (F) section 126C.10, subdivision 13a, if the district received operating capital aid according
to section 126C.10, subdivision 13b, in the second preceding year;
    (G) section 126C.10, subdivision 29, if the district received equity aid according to section
126C.10, subdivision 30, in the second preceding year;
    (H) section 126C.10, subdivision 32, if the district received transition aid according to
section 126C.10, subdivision 33, in the second preceding year;
    (I) section 123B.53, subdivision 5, if the district received debt service equalization aid
according to section 123B.53, subdivision 6, in the second preceding year;
    (J) section 124D.22, subdivision 3, if the district received school-age care aid according to
section 124D.22, subdivision 4, in the second preceding year;
    (K) section 123B.591, subdivision 3, if the district received deferred maintenance aid
according to section 123B.591, subdivision 4, in the second preceding year; and
    (L) section 126C.10, subdivision 35, if the district received alternative teacher compensation
equalization aid according to section 126C.10, subdivision 36, paragraph (a), in the second
preceding year; to
    (ii) the total amount of the district's certified levy for the fiscal year, plus or minus auditor's
adjustments.
    (c) An amount must be subtracted from the school district's levy limitation for the next
levy certified equal to the difference between:
    (1) the amount of the distribution of excess increment; and
    (2) the amount subtracted from aid pursuant to clause (a).
    If the aid and levy reductions required by this subdivision cannot be made to the aid for the
fiscal year specified or to the levy specified, the reductions must be made from aid for subsequent
fiscal years, and from subsequent levies. The school district must use the payment of excess tax
increment to replace the aid and levy revenue reduced under this subdivision.
    (d) This subdivision applies only to the total amount of excess increments received by a
district for a calendar year that exceeds $25,000.
History: 1977 c 447 art 6 s 2; 1978 c 764 s 54; 1980 c 609 art 4 s 7; 1981 c 358 art 1 s 30;
1983 c 314 art 1 s 22; art 6 s 11; 1984 c 463 art 6 s 1; art 7 s 12; 1986 c 465 art 2 s 1; 1987 c 291
s 202; 1988 c 718 art 6 s 7,8; 1988 c 719 art 5 s 84; 1989 c 222 s 12,13; 1989 c 329 art 13 s 20;
1Sp1989 c 1 art 2 s 11; 1991 c 130 s 16,17,37; 1992 c 499 art 12 s 11,12,29; 1994 c 465 art 2 s 1;
1994 c 647 art 8 s 5; 1Sp1995 c 3 art 8 s 2,3; art 16 s 13; 1998 c 397 art 4 s 48,51; art 11 s 3; 1999
c 241 art 1 s 51,52; 1Sp2003 c 9 art 5 s 24,25; 1Sp2005 c 5 art 1 s 41,42; 2007 c 146 art 1 s 17,18