HF 248

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education finance; modifying a school
district's percentage of students attending nonpublic
school necessary to qualify for an exemption; creating
a process to resolve a tuition obligation; converting
referendum revenue authority for Common School
District No. 815, Prinsburg; authorizing the school
district to recertify its school levy for taxes
payable in 2005; amending Minnesota Statutes 2004,
section 123A.70.

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

Section 1.

Minnesota Statutes 2004, section 123A.70, is
amended to read:

123A.70 PRIVATE SCHOOLS; PRINSBURG.

Sections 123A.64 to 123A.68 shall not apply to any new text begin common
school new text end district in which is located any existing private school
maintaining elementary and secondary education for deleted text begin 75 deleted text end new text begin 50 new text end percent
of the eligible pupils within the district and complying with
the requirements of section 120A.22.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 2. new text begin AMOUNT OF OBLIGATION.
new text end

new text begin The board of Common School District No. 815, Prinsburg,
must make tuition payments to Independent School District No.
2180, MACCRAY, in the total amount of $282,000. The payments
must be made in six equal payments on June 30 and December 30 of
each year beginning with a payment on June 30, 2005.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3. new text begin CONVERSION OF REFERENDUM REVENUE AUTHORITY TO
SPECIAL LEVY AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Conversion of question 1 referendum levy
authority to special levy authority. new text end

new text begin Notwithstanding any law to
the contrary, Common School District No. 815, Prinsburg, may
convert the levy authority approved during the November 2004
general election as school district ballot question 1 from
referendum revenue authority to special levy authority. This
levy authority must be used for payments of outstanding tuition
amounts to Independent School District No. 2180, MACCRAY. The
maximum levy authority annually shall be converted from the
amount described as a dollar allowance per resident marginal
cost pupil unit to a fixed dollar amount for each of the three
years as specified by the board of Common School District No.
815, Prinsburg. These amounts may be levied for taxes payable
in 2005, 2006, and 2007 only. Seventy percent of the amount
certified in each year must be spread on tax capacity and the
remaining 30 percent of the levy must be spread on the
referendum market value of the school district. This levy is
not subject to the property tax recognition shift under
Minnesota Statutes, sections 123B.75, subdivision 5, and
127A.441.
new text end

new text begin Subd. 2. new text end

new text begin Conversion of question 2 to special levy
authority for four years. new text end

new text begin Notwithstanding any law to the
contrary, Common School District No. 815, Prinsburg, may convert
the levy authority approved during the November 2004 general
election as school district ballot question 2 from referendum
revenue authority to special levy. The maximum levy authority
under this question is the annual amount specified by the board
of Common School District No. 815, Prinsburg, as the amount
necessary to eliminate the district's operating deficit.
Seventy percent of the amount certified in each year must be
spread on tax capacity and the remaining 30 percent of the levy
must be spread on the referendum market value of the school
district. This levy is not subject to the property tax
recognition shift under Minnesota Statutes, sections 123B.75,
subdivision 5, and 127A.441.
new text end

new text begin Subd. 3. new text end

new text begin Special operating levy authority. new text end

new text begin Common School
District No. 815, Prinsburg, may hold an election once every
four years on the first Tuesday after the first Monday in
November, beginning with the November 2008 general election to
approve an additional special operating levy for another four
years. The ballot must state that the board of the district
desires to levy the amounts necessary to eliminate any operating
deficit for the following four years. The election must follow
the notice and procedural provisions described under Minnesota
Statutes, section 126C.17. Seventy percent of the amount
certified in each year must be spread on tax capacity and the
remaining 30 percent of the levy must be spread on the
referendum market value of the school district. This levy is
not subject to the property tax recognition shift under
Minnesota Statutes, sections 123B.75, subdivision 5, and
127A.441.
new text end

new text begin Subd. 4. new text end

new text begin School board resolution. new text end

new text begin The board of Common
School District No. 815, Prinsburg, may adopt a written
resolution converting referendum revenue authority to special
levy authority. The resolution must state the district's desire
to convert its referendum revenue authority approved at the
November 2004 general election into special levy authority and
specify the amounts of the special levy authority. The district
must also notify the Department of Education by July 1 of each
year of the amount it intends to levy for that year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and applies for taxes payable in 2005.
new text end

Sec. 4. new text begin RECERTIFICATION OF 2005 SCHOOL DISTRICT LEVY.
new text end

new text begin Subdivision 1. new text end

new text begin Eligibility. new text end

new text begin Common School District No.
815, Prinsburg, may recertify its 2004 levy for taxes payable in
2005 if:
new text end

new text begin (1) the district is in statutory operating debt according
to Minnesota Statutes, section 123B.81;
new text end

new text begin (2) the district conducted a successful referendum at the
November 2004 election; and
new text end

new text begin (3) the board of the district has adopted a resolution as
required by section 3, subdivision 4.
new text end

new text begin Subd. 2. new text end

new text begin Recertification process. new text end

new text begin Notwithstanding any
law to the contrary, Common School District No. 815, Prinsburg,
may recertify its 2004 levy for taxes payable in 2005 in the
following manner:
new text end

new text begin (1) within five days after the effective date of this
section, the board must notify the Department of Education that
it has adopted the resolution according to section 3,
subdivision 4;
new text end

new text begin (2) within five days after receiving the notice from the
district, the Department of Education must recompute the
district's 2004 payable in 2005 levy limitation and report these
amounts to the school district and the county auditor; and
new text end

new text begin (3) within five days after receiving the notice from the
Department of Education, the school district must certify the
added levy amount to the county auditor.
new text end

new text begin The county auditor must add these amounts to the 2004 levy for
taxes payable in 2005 previously certified by the school
district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and applies for taxes payable in 2005.
new text end