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HF 93

as introduced - 92nd Legislature (2021 - 2022) Posted on 01/14/2021 02:20pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to education; extending school district fund transfer flexibility; expanding
uses of long-term facilities maintenance revenue; amending Laws 2020, chapter
116, article 3, section 8.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Laws 2020, chapter 116, article 3, section 8, is amended to read:


Sec. 8. FUND TRANSFERSdeleted text begin;deleted text endnew text begin FORnew text end FISCAL YEARS 2020 AND 2021 ONLYnew text begin;
REVENUE REDIRECTION FISCAL YEAR 2021 ONLY
new text end.

Subdivision 1.

Fund and account transfers allowed.

Notwithstanding Minnesota
Statutes, section 123B.80, subdivision 3, for fiscal years 2020 and 2021 only, a school
district, charter school, or cooperative unit may transfer any funds not already assigned to
or encumbered by staff salary and benefits, or otherwise encumbered by federal law, from
any accounts or operating fund to the undesignated balance in any other operating fund.

new text begin Subd. 1a. new text end

new text begin Redirected revenue uses. new text end

new text begin Notwithstanding any law to the contrary, for fiscal
year 2021 only, a school district may redirect any reserved or restricted revenue to another
use upon adoption of a written resolution of the school board. This authority applies to any
funds not already assigned to or encumbered by staff salary and benefits, or otherwise
encumbered by federal law.
new text end

Subd. 2.

No aid or levy effect.

A fund deleted text beginordeleted text endnew text begin transfer,new text end account transfernew text begin, or redirection of
revenue
new text end is allowed under this section if the transfer new text beginor revenue redirection new text enddoes not increase
state aid obligations to the district or school, or result in additional property tax authority
for the district. new text beginRedirected revenue, new text enda fund new text begintransfer, new text endor new text beginan new text endaccount transfer is limited to the
operating funds and accounts of a school district, charter school, or cooperative unit.

Subd. 3.

Board approval required; reporting; audit trail.

new text begin(a) new text endA fund or account
transfer under this section for fiscal year 2020 is effective June 30, 2020, and a fund or
account transfer under this section for fiscal year 2021 is effective June 30, 2021. The school
board must approve any fund or account transfer before the reporting deadline for the
respective fiscal year.

new text begin (b) A school board that redirects reserved or restricted revenue or uses revenue for a
different purpose than the specific purposes listed in statute for that revenue must adopt a
written resolution outlining the purpose for, and specifying the amount of, funds that are
redirected.
new text end

new text begin (c)new text end A school district, charter school, or cooperative unit must maintain accounting records
for the purposes of this section that are sufficient to document deleted text beginbothdeleted text end the specific funds
transferrednew text begin or redirectednew text end and use of those funds. The accounting records are subject to auditor
review. Any execution of flexibility must not interfere with or jeopardize funding per federal
requirements. Any transfernew text begin or redirection of fundsnew text end must not interfere with the equitable
delivery of distance learning or social distancing models.

Subd. 4.

Commissioner's guidance.

The commissioner must prepare and post to the
department's website a document providing guidance on the process for approval of fund
and account balance transfers authorized under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text beginUSES OF LONG-TERM FACILITIES MAINTENANCE REVENUE.
new text end

new text begin Notwithstanding Minnesota Statutes, section 123B.595, subdivisions 10 and 11, a school
board may use any of its long-term facilities maintenance revenue to purchase or lease
equipment and technology necessary to enhance distance instruction for its students and
staff.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2020-2021 school year only.
new text end