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SF 2236

as introduced - 89th Legislature (2015 - 2016) Posted on 03/16/2016 03:30pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education finance; providing enhanced debt service equalization for
school districts in certain unique situations; amending Minnesota Statutes 2014,
section 123B.535.

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

Section 1.

Minnesota Statutes 2014, section 123B.535, is amended to read:


123B.535 deleted text begin NATURAL DISASTERdeleted text end new text begin ENHANCEDnew text end DEBT SERVICE
EQUALIZATION.

Subdivision 1.

Definitionsnew text begin ; eligibilitynew text end .

(a) For purposes of this section, the eligible
deleted text begin natural disasterdeleted text end new text begin enhancednew text end debt service revenue of a district is defined as the amount
needed to produce between five and six percent in excess of the amount needed to meet
when due the principal and interest payments on the obligations of the district new text begin issued
under paragraphs (b) and (c)
new text end that would otherwise qualify under section 123B.53 deleted text begin under
deleted text end deleted text begin the following conditions:deleted text end new text begin .
new text end

new text begin (b) A district that has been negatively affected by a natural disaster qualifies for
enhanced debt service equalization under this section if:
new text end

(1) the district was impacted by a natural disaster event or area occurring January
1, 2005, or later, as declared by the President of the United States of America, which is
eligible for Federal Emergency Management Agency payments;

(2) the natural disaster caused $500,000 or more in damages to school district
buildings; and

(3) the repair and replacement costs are not covered by insurance payments or
Federal Emergency Management Agency payments.

new text begin (c) A district that consolidated on or after July 1, 2016, with an approved
consolidation plat and plan under section 123A.48 that included building or remodeling
school facilities is eligible for enhanced debt service equalization under this section.
new text end

deleted text begin (b)deleted text end new text begin (d)new text end For purposes of this section, the adjusted net tax capacity equalizing factor
equals the quotient derived by dividing the total adjusted net tax capacity of all school
districts in the state for the year before the year the levy is certified by the total number of
adjusted pupil units in the state for the year prior to the year the levy is certified.

deleted text begin (c)deleted text end new text begin (e)new text end For purposes of this section, the adjusted net tax capacity determined
according to sections 127A.48 and 273.1325 shall be adjusted to include the tax capacity of
property generally exempted from ad valorem taxes under section 272.02, subdivision 64.

Subd. 2.

Notification.

A district eligible for deleted text begin natural disasterdeleted text end new text begin enhancednew text end debt service
deleted text begin equalizationdeleted text end revenue under subdivision 1 must notify the commissioner of the amount of
its intended deleted text begin natural disasterdeleted text end new text begin enhancednew text end debt service revenue calculated under subdivision 1
for all bonds sold prior to the notification by July 1 of the calendar year the levy is certified.

Subd. 3.

deleted text begin Natural disasterdeleted text end new text begin Enhancednew text end debt service equalization revenue.

The
new text begin enhanced new text end debt service equalization revenue of a district new text begin that qualifies under subdivision 1,
paragraph (b) or (c),
new text end equals the greater of zero or the eligible debt service revenue, minus
the greater of zero or the difference between:

(1) the amount raised by a levy of ten percent times the adjusted net tax capacity
of the district; and

(2) the district's eligible debt service revenue under section 123B.53.

Subd. 4.

Equalized deleted text begin natural disasterdeleted text end new text begin enhancednew text end debt service levy.

A district's
equalized deleted text begin natural disasterdeleted text end new text begin enhancednew text end debt service levy equals the district's deleted text begin natural disaster
deleted text end new text begin enhancednew text end debt service equalization revenue times the lesser of one or the ratio of:

(1) the quotient derived by dividing the adjusted net tax capacity of the district for
the year before the year the levy is certified by the adjusted pupil units in the district for
the school year ending in the year prior to the year the levy is certified; to

(2) 300 percent of the statewide adjusted net tax capacity equalizing factor.

Subd. 5.

deleted text begin Natural disasterdeleted text end new text begin Enhancednew text end debt service equalization aid.

A district's
deleted text begin natural disasterdeleted text end new text begin enhancednew text end debt service equalization aid equals the difference between the
district's deleted text begin natural disasterdeleted text end new text begin enhancednew text end debt service equalization revenue and the district's
equalized deleted text begin natural disasterdeleted text end new text begin enhancednew text end debt service levy.

Subd. 6.

deleted text begin Natural disasterdeleted text end new text begin Enhancednew text end debt service equalization aid payment
schedule.

new text begin Enhanced new text end debt service equalization aid must be paid according to section
127A.45, subdivision 10.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes payable in 2017 and later.
new text end