15-37-117. Disposition of metalliferous mines license taxes. (1) Metalliferous mines license taxes collected under the provisions of this part must, in accordance with the provisions of 15-1-501, be allocated as follows:
     (a) to the credit of the general fund of the state, 58% of total collections each year;
     (b) to the state special revenue fund to the credit of a hard-rock mining impact trust account, 1.5% of total collections each year;
     (c) to the orphan share state special revenue account established in 75-10-743, 8.5% of total collections each year;
     (d) to the ground water assessment account established in 85-2-905, 2.2% of total collections each year;
     (e) to the reclamation and development grants program state special revenue account, 4.8% of total collections each year; and
     (f) to the county or counties identified as experiencing fiscal and economic impacts, resulting in increased employment or local government costs, under an impact plan for a large-scale mineral development prepared and approved pursuant to 90-6-307, in direct proportion to the fiscal and economic impacts determined in the plan, or, if an impact plan has not been prepared, to the county in which the mine is located, 25% of total collections each year, to be allocated by the county commissioners as follows:
     (i) not less than 40% to the county hard-rock mine trust reserve account established in 7-6-2225; and
     (ii) all money not allocated to the account pursuant to subsection (1)(f)(i) to be further allocated as follows:
     (A) 33 1/3% is allocated to the county for planning or economic development activities;
     (B) 33 1/3% is allocated to the elementary school districts within the county that have been affected by the development or operation of the metal mine; and
     (C) 33 1/3% is allocated to the high school districts within the county that have been affected by the development or operation of the metal mine.
     (2) When an impact plan for a large-scale mineral development approved pursuant to 90-6-307 identifies a jurisdictional revenue disparity, the county shall distribute the proceeds allocated under subsection (1)(f) in a manner similar to that provided for property tax sharing under Title 90, chapter 6, part 4.
     (3) The department shall return to the county in which metals are produced the tax collections allocated under subsection (1)(f). The allocation to the county described by subsection (1)(f) is a statutory appropriation pursuant to 17-7-502.

     History: En. Sec. 1, Ch. 619, L. 1983; amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 8, Ch. 672, L. 1989; amd. Sec. 2, Ch. 760, L. 1991; amd. Sec. 7, Ch. 15, Sp. L. July 1992; amd. Sec. 8, Ch. 455, L. 1993; amd. Sec. 14, Ch. 18, L. 1995; amd. Sec. 1, Ch. 31, L. 1995; amd. Secs. 1, 8, Ch. 577, L. 1995; amd. Sec. 21, Ch. 584, L. 1995; amd. Sec. 1, Ch. 415, L. 1997.