HF 1974

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; restoring certain levy
authority; amending Minnesota Statutes 2004, sections
126C.40, subdivision 1; 126C.43, subdivisions 2, 3;
126C.44; 126C.45.

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

Section 1.

Minnesota Statutes 2004, section 126C.40,
subdivision 1, is amended to read:

Subdivision 1.

To lease building or land.

(a) When an
independent or a special school district or a group of
independent or special school districts finds it economically
advantageous to rent or lease a building or land for any
instructional purposes or for school storage or furniture
repair, and it determines that the operating capital revenue
authorized under section 126C.10, subdivision 13, is
insufficient for this purpose, it may apply to the commissioner
for permission to make an additional capital expenditure levy
for this purpose. An application for permission to levy under
this subdivision must contain financial justification for the
proposed levy, the terms and conditions of the proposed lease,
and a description of the space to be leased and its proposed use.

(b) The criteria for approval of applications to levy under
this subdivision must include: the reasonableness of the price,
the appropriateness of the space to the proposed activity, the
feasibility of transporting pupils to the leased building or
land, conformity of the lease to the laws and rules of the state
of Minnesota, and the appropriateness of the proposed lease to
the space needs and the financial condition of the district.
The commissioner must not authorize a levy under this
subdivision in an amount greater than deleted text begin 90 percent of deleted text end the cost to
the district of renting or leasing a building or land for
approved purposes. The proceeds of this levy must not be used
for custodial or other maintenance services. A district may not
levy under this subdivision for the purpose of leasing or
renting a district-owned building or site to itself.

(c) For agreements finalized after July 1, 1997, a district
may not levy under this subdivision for the purpose of leasing:
(1) a newly constructed building used primarily for regular
kindergarten, elementary, or secondary instruction; or (2) a
newly constructed building addition or additions used primarily
for regular kindergarten, elementary, or secondary instruction
that contains more than 20 percent of the square footage of the
previously existing building.

(d) Notwithstanding paragraph (b), a district may levy
under this subdivision for the purpose of leasing or renting a
district-owned building or site to itself only if the amount is
needed by the district to make payments required by a lease
purchase agreement, installment purchase agreement, or other
deferred payments agreement authorized by law, and the levy
meets the requirements of paragraph (c). A levy authorized for
a district by the commissioner under this paragraph may be in
the amount needed by the district to make payments required by a
lease purchase agreement, installment purchase agreement, or
other deferred payments agreement authorized by law, provided
that any agreement include a provision giving the school
districts the right to terminate the agreement annually without
penalty.

(e) The total levy under this subdivision for a district
for any year must not exceed deleted text begin $90 deleted text end new text begin $100 new text end times the resident pupil
units for the fiscal year to which the levy is attributable.

(f) For agreements for which a review and comment have been
submitted to the Department of Education after April 1, 1998,
the term "instructional purpose" as used in this subdivision
excludes expenditures on stadiums.

(g) The commissioner of education may authorize a school
district to exceed the limit in paragraph (e) if the school
district petitions the commissioner for approval. The
commissioner shall grant approval to a school district to exceed
the limit in paragraph (e) for not more than five years if the
district meets the following criteria:

(1) the school district has been experiencing pupil
enrollment growth in the preceding five years;

(2) the purpose of the increased levy is in the long-term
public interest;

(3) the purpose of the increased levy promotes colocation
of government services; and

(4) the purpose of the increased levy is in the long-term
interest of the district by avoiding over construction of school
facilities.

(h) A school district that is a member of an intermediate
school district may include in its authority under this section
deleted text begin 90 percent of deleted text end the costs associated with leases of administrative
and classroom space for intermediate school district programs.
This authority must not exceed deleted text begin $22.50 deleted text end new text begin $25 new text end times the adjusted
marginal cost pupil units of the member districts. This
authority is in addition to any other authority authorized under
this section.

(i) In addition to the allowable capital levies in
paragraph (a), a district that is a member of the "Technology
and Information Education Systems" data processing joint board,
that finds it economically advantageous to enter into a lease
purchase agreement for a building for a group of school
districts or special school districts for staff development
purposes, may levy for its portion of lease costs attributed to
the district within the total levy limit in paragraph (e).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes
payable in 2006.
new text end

Sec. 2.

Minnesota Statutes 2004, section 126C.43,
subdivision 2, is amended to read:

Subd. 2.

Payment to unemployment insurance program trust
fund by state and political subdivisions.

A district may
levy deleted text begin 90 percent of deleted text end the amount deleted text begin exceeding $10 times the district's
adjusted marginal cost pupil units for the fiscal year ending in
the year before the year the levy is certified deleted text end necessary (i) to
pay the district's obligations under section 268.052,
subdivision 1, and (ii) to pay for job placement services
offered to employees who may become eligible for benefits
pursuant to section 268.085 for the fiscal year the levy is
certified.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes
payable in 2006.
new text end

Sec. 3.

Minnesota Statutes 2004, section 126C.43,
subdivision 3, is amended to read:

Subd. 3.

Tax levy for judgment.

A district may levy deleted text begin 90
percent of deleted text end the amount deleted text begin exceeding $10 times the district's
adjusted marginal cost pupil units for the fiscal year ending in
the year before the year the levy is certified deleted text end necessary to pay
judgments against the district under section 123B.25 that became
final after the date the district certified its proposed levy in
the previous year. With the approval of the commissioner, a
district may spread this levy over a period not to exceed three
years. Upon approval through the adoption of a resolution by
each of an intermediate district's member school district
boards, a member school district may include its proportionate
share of the costs of a judgment against an intermediate school
district that became final under section 123B.25 after the date
that the earliest member school district certified its proposed
levy in the previous year. With the approval of the
commissioner, an intermediate school district member school
district may spread this levy over a period not to exceed three
years.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes
payable in 2006.
new text end

Sec. 4.

Minnesota Statutes 2004, section 126C.44, is
amended to read:

126C.44 SAFE SCHOOLS LEVY.

Each district may make a levy on all taxable property
located within the district for the purposes specified in this
section. The maximum amount which may be levied for all costs
under this section shall be equal to deleted text begin $27 deleted text end new text begin $30 new text end multiplied by the
district's adjusted marginal cost pupil units for the school
year. The proceeds of the levy must be used for directly
funding the following purposes or for reimbursing the cities and
counties who contract with the district for the following
purposes: (1) to pay the costs incurred for the salaries,
benefits, and transportation costs of peace officers and
sheriffs for liaison in services in the district's schools; (2)
to pay the costs for a drug abuse prevention program as defined
in section 609.101, subdivision 3, paragraph (e), in the
elementary schools; (3) to pay the costs for a gang resistance
education training curriculum in the district's schools; (4) to
pay the costs for security in the district's schools and on
school property; or (5) to pay the costs for other crime
prevention, drug abuse, student and staff safety, and violence
prevention measures taken by the school district. The district
must initially attempt to contract for services to be provided
by peace officers or sheriffs with the police department of each
city or the sheriff's department of the county within the
district containing the school receiving the services. If a
local police department or a county sheriff's department does
not wish to provide the necessary services, the district may
contract for these services with any other police or sheriff's
department located entirely or partially within the school
district's boundaries. The levy authorized under this section
is not included in determining the school district's levy
limitations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes
payable in 2006.
new text end

Sec. 5.

Minnesota Statutes 2004, section 126C.45, is
amended to read:

126C.45 ICE ARENA LEVY.

(a) Each year, an independent school district operating and
maintaining an ice arena, may levy for the net operational costs
of the ice arena. deleted text begin The levy may not exceed 90 percent of the net
actual costs of operation of the arena for the previous year.
deleted text end Net actual costs are defined as operating costs less any
operating revenues.

(b) Any district operating and maintaining an ice arena
must demonstrate to the satisfaction of the Office of Monitoring
in the department that the district will offer equal sports
opportunities for male and female students to use its ice arena,
particularly in areas of access to prime practice time, team
support, and providing junior varsity and younger level teams
for girls' ice sports and ice sports offerings.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes
payable in 2006.
new text end