HF 248

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to education finance; modifying a school 
  1.3             district's percentage of students attending nonpublic 
  1.4             school necessary to qualify for an exemption; creating 
  1.5             a process to resolve a tuition obligation; converting 
  1.6             referendum revenue authority for Common School 
  1.7             District No. 815, Prinsburg; authorizing the school 
  1.8             district to recertify its school levy for taxes 
  1.9             payable in 2005; amending Minnesota Statutes 2004, 
  1.10            section 123A.70. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2004, section 123A.70, is 
  1.13  amended to read: 
  1.14     123A.70 [PRIVATE SCHOOLS; PRINSBURG.] 
  1.15     Sections 123A.64 to 123A.68 shall not apply to any common 
  1.16  school district in which is located any existing private school 
  1.17  maintaining elementary and secondary education for 75 50 percent 
  1.18  of the eligible pupils within the district and complying with 
  1.19  the requirements of section 120A.22. 
  1.20     [EFFECTIVE DATE.] This section is effective July 1, 2005. 
  1.21     Sec. 2.  [AMOUNT OF OBLIGATION.] 
  1.22     The board of Common School District No. 815, Prinsburg, 
  1.23  must make tuition payments to Independent School District No. 
  1.24  2180, MACCRAY, in the total amount of $282,000.  The payments 
  1.25  must be made in six equal payments on June 30 and December 30 of 
  1.26  each year beginning with a payment on June 30, 2005. 
  1.27     [EFFECTIVE DATE.] This section is effective the day 
  1.28  following final enactment. 
  2.1      Sec. 3.  [CONVERSION OF REFERENDUM REVENUE AUTHORITY TO 
  2.2   SPECIAL LEVY AUTHORITY.] 
  2.3      Subdivision 1.  [CONVERSION OF QUESTION 1 REFERENDUM LEVY 
  2.4   AUTHORITY TO SPECIAL LEVY AUTHORITY.] Notwithstanding any law to 
  2.5   the contrary, Common School District No. 815, Prinsburg, may 
  2.6   convert the levy authority approved during the November 2004 
  2.7   general election as school district ballot question 1 from 
  2.8   referendum revenue authority to special levy authority.  This 
  2.9   levy authority must be used for payments of outstanding tuition 
  2.10  amounts to Independent School District No. 2180, MACCRAY.  The 
  2.11  maximum levy authority annually shall be converted from the 
  2.12  amount described as a dollar allowance per resident marginal 
  2.13  cost pupil unit to a fixed dollar amount for each of the three 
  2.14  years as specified by the board of Common School District No. 
  2.15  815, Prinsburg.  These amounts may be levied for taxes payable 
  2.16  in 2005, 2006, and 2007 only.  Seventy percent of the amount 
  2.17  certified in each year must be spread on tax capacity and the 
  2.18  remaining 30 percent of the levy must be spread on the 
  2.19  referendum market value of the school district.  This levy is 
  2.20  not subject to the property tax recognition shift under 
  2.21  Minnesota Statutes, sections 123B.75, subdivision 5, and 
  2.22  127A.441. 
  2.23     Subd. 2.  [CONVERSION OF QUESTION 2 TO SPECIAL LEVY 
  2.24  AUTHORITY FOR FOUR YEARS.] Notwithstanding any law to the 
  2.25  contrary, Common School District No. 815, Prinsburg, may convert 
  2.26  the levy authority approved during the November 2004 general 
  2.27  election as school district ballot question 2 from referendum 
  2.28  revenue authority to special levy.  The maximum levy authority 
  2.29  under this question is the annual amount specified by the board 
  2.30  of Common School District No. 815, Prinsburg, as the amount 
  2.31  necessary to eliminate the district's operating deficit.  
  2.32  Seventy percent of the amount certified in each year must be 
  2.33  spread on tax capacity and the remaining 30 percent of the levy 
  2.34  must be spread on the referendum market value of the school 
  2.35  district.  This levy is not subject to the property tax 
  2.36  recognition shift under Minnesota Statutes, sections 123B.75, 
  3.1   subdivision 5, and 127A.441. 
  3.2      Subd. 3.  [SPECIAL OPERATING LEVY AUTHORITY.] Common School 
  3.3   District No. 815, Prinsburg, may hold an election once every 
  3.4   four years on the first Tuesday after the first Monday in 
  3.5   November, beginning with the November 2008 general election to 
  3.6   approve additional special operating levy for another four 
  3.7   years.  The ballot must state that the board of the district 
  3.8   desires to levy the amounts necessary to eliminate any operating 
  3.9   deficit for the following four years.  The election must follow 
  3.10  the notice and procedural provisions described under Minnesota 
  3.11  Statutes, section 126C.17.  Seventy percent of the amount 
  3.12  certified in each year must be spread on tax capacity and the 
  3.13  remaining 30 percent of the levy must be spread on the 
  3.14  referendum market value of the school district.  This levy is 
  3.15  not subject to the property tax recognition shift under 
  3.16  Minnesota Statutes, sections 123B.75, subdivision 5, and 
  3.17  127A.441. 
  3.18     Subd. 4.  [SCHOOL BOARD RESOLUTION.] The board of Common 
  3.19  School District No. 815, Prinsburg, may adopt a written 
  3.20  resolution in seeking the conversion of referendum revenue 
  3.21  authority to special levy authority.  The resolution must state 
  3.22  the district's desire to convert its referendum revenue 
  3.23  authority approved at the November 2004 general election into 
  3.24  special levy authority and specify the amounts of the special 
  3.25  levy authority.  The district must also notify the Department of 
  3.26  Education by July 1 of each year the amount it intends to levy 
  3.27  for that year.  
  3.28     Sec. 4.  [RECERTIFICATION OF 2005 SCHOOL DISTRICT LEVY.] 
  3.29     Subdivision 1.  [ELIGIBILITY.] Common School District No. 
  3.30  815, Prinsburg, may recertify its 2004 levy for taxes payable in 
  3.31  2005 if: 
  3.32     (1) the district is in statutory operating debt according 
  3.33  to Minnesota Statutes, section 123B.81; 
  3.34     (2) the district conducted a successful referendum at the 
  3.35  November 2004 election; and 
  3.36     (3) the board of the district has adopted a resolution as 
  4.1   required by section 3. 
  4.2      Subd. 2.  [RECERTIFICATION PROCESS.] Notwithstanding any 
  4.3   law to the contrary, Common School District No. 815, Prinsburg, 
  4.4   may recertify its 2004 levy for taxes payable in 2005 within 
  4.5   five days of: 
  4.6      (1) the effective date of this section, the board must 
  4.7   notify the Department of Education that it has adopted the 
  4.8   resolution according to section 3; 
  4.9      (2) receiving the notice from the district, the Department 
  4.10  of Education must recompute the district's 2004 payable in 2005 
  4.11  levy limitation and report these amounts to the school district 
  4.12  and the county auditor; and 
  4.13     (3) receiving the notice from the Department of Education, 
  4.14  the school district must certify the added levy amount to the 
  4.15  county auditor.  
  4.16  The county auditor must add these amounts to the 2004 levy for 
  4.17  taxes payable in 2005 previously certified by the school 
  4.18  district. 
  4.19     [EFFECTIVE DATE.] This section is effective the day 
  4.20  following final enactment and applies for taxes payable in 2005.