HF 4528

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/23/2022 10:39am

A bill for an act
relating to education finance; authorizing a school district to levy for certain costs
associated with data requests; amending Minnesota Statutes 2020, section 126C.43.

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

Section 1.

Minnesota Statutes 2020, section 126C.43, is amended to read:

126C.43 LEVIES; STATUTORY OBLIGATIONS.

Subdivision 1.

Allocation of assets and liabilities.

A district may levy the amount
authorized for liabilities of dissolved districts pursuant to section 123A.67.

Subd. 2.

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

(a) A district may levy the amount necessary (1) to pay the district's
obligations under section 268.052, subdivision 1, and (2) 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.

(b) Districts with a balance remaining in their reserve for reemployment as of June 30,
2003, may not expend the reserved funds for future reemployment expenditures. Each year
a levy reduction must be made to return these funds to taxpayers. The amount of the levy
reduction must be equal to the lesser of: (1) the remaining reserved balance for reemployment,
or (2) the amount of the district's current levy under paragraph (a).

Subd. 3.

Tax levy for judgment.

A district may levy the amount 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 Subd. 3a. new text end

new text begin Tax levy for data requests. new text end

new text begin (a) A district may levy the amount necessary to
compensate for personnel time spent redacting educational data classified as private data
on individuals under section 13.32 in response to a public data request under section 13.03.
In calculating the cost of personnel time under this subdivision, a district must use the salary
and benefit rate of the lowest paid staff who could complete the redactions or, if contracted
legal services are required, at the district's standard cost for contracted legal services.
new text end

new text begin (b) Upon approval through adoption of a resolution by each school board that is a member
of an intermediate school board, the member school district may include in its levy the
proportionate share of the personnel costs compensable under this subdivision associated
with a data request made to an intermediate school district.
new text end

new text begin (c) With the approval of the commissioner, a district may spread this levy over a period
not to exceed three years.
new text end

new text begin (d) This subdivision applies to costs incurred by a school district or intermediate school
district after January 1, 2021.
new text end

Subd. 4.

Levy limitations of reorganized districts.

A district may levy the amounts
authorized by section 123A.73.

Subd. 5.

Expenses of transition; dissolved district.

A district may levy the amounts
necessary to pay the district's obligations under section 123A.76.

Subd. 6.

Teacher severance pay.

A district may levy for severance pay required by
sections 124D.05, subdivision 3, and 123A.30, subdivision 6.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes payable in 2023 and later.
new text end