HF 3961

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education finance; expanding the building 
  1.3             lease levy; authorizing certain leased technology to 
  1.4             be funded through the sale of general obligation 
  1.5             bonds; amending Minnesota Statutes 1998, sections 
  1.6             126C.40, subdivision 1; and 475.52, subdivision 5. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 126C.40, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [TO LEASE BUILDING OR LAND.] (a) When a 
  1.11  district finds it economically advantageous to rent or lease a 
  1.12  building or land for any instructional purposes or for school 
  1.13  storage or furniture repair, and it determines that the 
  1.14  operating capital revenue authorized under section 126C.10, 
  1.15  subdivision 13, is insufficient for this purpose, it may apply 
  1.16  to the commissioner for permission to make an additional capital 
  1.17  expenditure levy for this purpose.  An application for 
  1.18  permission to levy under this subdivision must contain financial 
  1.19  justification for the proposed levy, the terms and conditions of 
  1.20  the proposed lease, and a description of the space to be leased 
  1.21  and its proposed use.  
  1.22     (b) The criteria for approval of applications to levy under 
  1.23  this subdivision must include:  the reasonableness of the price, 
  1.24  the appropriateness of the space to the proposed activity, the 
  1.25  feasibility of transporting pupils to the leased building or 
  1.26  land, conformity of the lease to the laws and rules of the state 
  2.1   of Minnesota, and the appropriateness of the proposed lease to 
  2.2   the space needs and the financial condition of the district.  
  2.3   The commissioner must not authorize a levy under this 
  2.4   subdivision in an amount greater than the cost to the district 
  2.5   of renting or leasing a building or land for approved purposes.  
  2.6   The proceeds of this levy must not be used for custodial or 
  2.7   other maintenance services.  A district may not levy under this 
  2.8   subdivision for the purpose of leasing or renting a 
  2.9   district-owned building or site to itself. 
  2.10     (c) For agreements finalized after July 1, 1997, a district 
  2.11  may not levy under this subdivision for the purpose of leasing:  
  2.12  (1) a newly constructed building used primarily for regular 
  2.13  kindergarten, elementary, or secondary instruction; or (2) a 
  2.14  newly constructed building addition or additions used primarily 
  2.15  for regular kindergarten, elementary, or secondary instruction 
  2.16  that contains more than 20 percent of the square footage of the 
  2.17  previously existing building. 
  2.18     (d) A school district may also levy under this subdivision 
  2.19  for the purpose of leasing technology. 
  2.20     (e) The total levy under this subdivision for a district 
  2.21  for any year must not exceed $100 times the resident pupil units 
  2.22  for the fiscal year to which the levy is attributable. 
  2.23     (e) (f) For agreements for which a review and comment have 
  2.24  been submitted to the department of children, families, and 
  2.25  learning after April 1, 1998, the term "instructional purpose" 
  2.26  as used in this subdivision excludes expenditures on stadiums. 
  2.27     Sec. 2.  Minnesota Statutes 1998, section 475.52, 
  2.28  subdivision 5, is amended to read: 
  2.29     Subd. 5.  [SCHOOL DISTRICTS.] For capital improvements any 
  2.30  school district may issue bonds for the acquisition or 
  2.31  betterment of school facilities, including gymnasiums, athletic 
  2.32  fields, stadia, teacherages, school garages, school buses, and 
  2.33  all other facilities for administration, academic instruction, 
  2.34  and physical and vocational education.  A school district may 
  2.35  also issue bonds to provide funds to lease technology-related 
  2.36  capital improvements. 
  3.1      Sec. 3.  [EFFECTIVE DATE.] 
  3.2      Section 1 is effective for taxes payable in 2001 and later. 
  3.3   Section 2 is effective for elections conducted on or after July 
  3.4   1, 2000.