1.1 	A bill for an act
1.2 	relating to education finance; making all school districts eligible for the 
1.3 	alternative facilities bonding and levy program; making all school districts 
1.4 	eligible for the deferred maintenance revenue program; amending Minnesota 
1.5 	Statutes 2006, sections 123B.59, subdivision 1; 123B.591, subdivision 1.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2006, section 123B.59, subdivision 1, is amended to read:
1.8 		Subdivision 1.To qualify. (a) An independent or special school district qualifies to 
1.9 	participate in the alternative facilities bonding and levy program if the district has:
1.10 	(1) more than 66 students per grade;
1.11 	(2) over 1,850,000 square feet of space and the average age of building space is 15 
1.12 	years or older or over 1,500,000 square feet and the average age of building space is 
1.13 	35 years or older;
1.14 	(3) insufficient funds from projected health and safety revenue and capital facilities 
1.15 	revenue to meet the requirements for deferred maintenance, to make accessibility 
1.16 	improvements, or to make fire, safety, or health repairs; and
1.17 	(4)(2) a ten-year facility plan approved by the commissioner according to 
1.18 	subdivision 2; and
1.19 	(3) notified the commissioner of its intention to forego its eligibility for deferred 
1.20 	maintenance revenue under section 123B.591 for the current year.
1.21 	(b) An independent or special school district is not eligible to participate in the 
1.22 	alternative facilities bonding and levy program under paragraph (a) qualifies for limited 
1.23 	participation in the program if the district has:
2.1 	(1) one or more health and safety projects with an estimated cost of $500,000 or 
2.2 	more per site that would qualify for health and safety revenue except for the project size 
2.3 	limitation in section 123B.57, subdivision 1, paragraph (b); and 
2.4 	(2) insufficient funds from capital facilities revenue to fund those projects if the 
2.5 	school district elects to receive deferred maintenance revenue, under section 123B.591, 
2.6 	for the same year.

2.7 	EFFECTIVE DATE. This section is effective for revenue for fiscal year 2010 
2.8 	and later.

2.9 	Sec. 2. Minnesota Statutes 2006, section 123B.591, subdivision 1, is amended to read:
2.10 		Subdivision 1.Eligibility.  In any given fiscal year, an independent or special 
2.11 	school district that does not qualify to participate in the alternative facilities bonding and 
2.12 	levy under section 123B.59, subdivision 1, paragraph (a), is eligible to receive deferred 
2.13 	maintenance revenue.

2.14 	EFFECTIVE DATE. This section is effective for revenue for fiscal year 2010 
2.15 	and later.