Minnesota Legislature
HF 1216
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 02/22/2005 |
Current Version - as introduced
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A bill for an act
relating to education; providing state facilities aid
to charter schools to lease, purchase, renovate, or
construct school buildings or rent, lease, or purchase
land; amending Minnesota Statutes 2004, section
124D.11, subdivisions 4, 7, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 124D.11,
subdivision 4, is amended to read:
Subd. 4.
deleted text begin building lease deleted text end new text begin state facilities new text end aid.
When a
charter school finds it economically advantageous to rent deleted text begin or deleted text end new text begin ,
new text end
leasenew text begin , purchase, renovate, or construct new text end a building or new text begin rent,
lease, or purchase new text end land for any instructional purposes and it
determines that the total operating capital revenue under
section 126C.10, subdivision 13, is insufficient for this
purpose, it may apply to the commissioner for deleted text begin building lease
deleted text end new text begin
state facilities new text end aid for this purpose. The commissioner must
review and either approve or deny a deleted text begin lease deleted text end new text begin state facilities new text end aid
application using the following criteria:
(1) the reasonableness of the new text begin lease, purchase, renovation,
or construction new text end price based on current market values;
(2) the extent to which the leasenew text begin , purchase, renovation, or
construction new text end conforms to applicable state laws and rules; and
(3) the appropriateness of the proposed leasenew text begin , purchase,
renovation, or construction new text end in the context of the space needs
and financial circumstances of the charter school.
A charter school must not use the deleted text begin building lease deleted text end new text begin state
facilities new text end aid it receives for custodial, maintenance service,
utility, or other operating costs. The amount of deleted text begin building lease
deleted text end new text begin
state facilities new text end aid per pupil unit served for a charter school
for any year shall not exceed the lesser of (a) 90 percent of
the approved cost or (b) the product of the pupil units served
for the current school year times the greater of the charter
school's deleted text begin building lease deleted text end new text begin state facilities new text end aid per pupil unit
served for fiscal year 2003, excluding the adjustment under Laws
2002, chapter 392, article 6, section 4, or $1,200.
Sec. 2.
Minnesota Statutes 2004, section 124D.11,
subdivision 7, is amended to read:
Subd. 7.
Use of state money.
Money received from the
state may deleted text begin not deleted text end be used to purchase land or buildingsnew text begin , under the
provisions of subdivision 4 and, unless a waiver has been
granted by the commissioner, after a charter school has its
charter agreement renewed by its sponsor following the school's
initial three-year termnew text end . deleted text begin The deleted text end new text begin Any charter new text end school may own land
and buildings if obtained through nonstate sources.
Sec. 3.
Minnesota Statutes 2004, section 124D.11, is
amended by adding a subdivision to read:
new text begin Subd. 7a. new text end
new text begin
Disposition of assets, sale of charter school
buildings, and use of equity in charter school buildings.
new text end
new text begin
(a)
In the event that a charter school closes, either voluntarily or
by an act of its sponsor, disposition of any remaining assets of
the school, other than any remaining equity in its building,
shall be subject to section 124D.10, subdivision 23.
new text end
new text begin
(b) If a charter school wishes to sell its building in
order to purchase another building that better meets its needs,
the charter school shall use any equity it has accumulated in
the building it is selling as part of its down payment on the
building it is purchasing.
new text end
new text begin
(c) If a charter school is closed, either voluntarily or by
an act of its sponsor, ownership of the building shall be
transferred to the Department of Administration. The building
may then be sold or leased by the department to any party,
including another charter school, and any income generated from
the transactions shall revert to the state for current or future
state facilities aid payments to charter schools.
new text end
new text begin
(d) Any equity in a charter school's facility may be used
by that charter school as collateral in loan or other
transactions used to finance capital improvements or to purchase
equipment or other depreciable assets. Any equity in a charter
school's facility may not be used as collateral in loan or other
transactions used to finance operating expenses of the charter
school.
new text end