HF 235

as introduced - 88th Legislature (2013 - 2014) Posted on 01/31/2013 01:22pm

A bill for an act
relating to education finance; requiring a three-fifths vote to pass legislation
increasing the property tax recognition shift percentage or reducing the school
aid percentage below 90; amending Minnesota Statutes 2012, sections 123B.75,
subdivision 5; 127A.45, subdivision 1.

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

Section 1.

Minnesota Statutes 2012, section 123B.75, subdivision 5, is amended to read:

Subd. 5.

Levy recognition.

(a) deleted text begin For fiscal years 2009 and 2010, in June of each
year, the school district must recognize as revenue, in the fund for which the levy was
made, the lesser of:
deleted text end

deleted text begin (1) the sum of May, June, and July school district tax settlement revenue received in
that calendar year, plus general education aid according to section 126C.13, subdivision
4, received in July and August of that calendar year; or
deleted text end

deleted text begin (2) the sum of:
deleted text end

deleted text begin (i) 31 percent of the referendum levy certified according to section 126C.17, in
calendar year 2000; and
deleted text end

deleted text begin (ii) the entire amount of the levy certified in the prior calendar year according to
section 124D.86, subdivision 4, for school districts receiving revenue under sections
124D.86, subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, paragraph (a),
and 3, paragraphs (b), (c), and (d); 126C.43, subdivision 2; and 126C.48, subdivision 6; plus
deleted text end

deleted text begin (iii) zero percent of the amount of the levy certified in the prior calendar year for the
school district's general and community service funds, plus or minus auditor's adjustments,
not including the levy portions that are assumed by the state, that remains after subtracting
the referendum levy certified according to section 126C.17 and the amount recognized
according to item (ii) deleted text end new text begin The property tax early recognition shift percentage in paragraph (b)
must not be increased unless the legislation affecting the property tax early recognition
shift has received a vote of three-fifths of the members of each house of the legislature new text end .

(b) For fiscal year 2011 and later years, in June of each year, the school district must
recognize as revenue, in the fund for which the levy was made, the lesser of:

(1) the sum of May, June, and July school district tax settlement revenue received in
that calendar year, plus general education aid according to section 126C.13, subdivision
4, received in July and August of that calendar year; or

(2) the sum of:

(i) the greater of 48.6 percent of the referendum levy certified according to section
126C.17 in the prior calendar year, or 31 percent of the referendum levy certified
according to section 126C.17 in calendar year 2000; plus

(ii) the entire amount of the levy certified in the prior calendar year according to
section 124D.4531, 124D.86, subdivision 4, for school districts receiving revenue under
sections 124D.86, subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 1, 2,
paragraph (a), and 3, paragraphs (b), (c), and (d); 126C.43, subdivision 2; and 126C.48,
subdivision 6; plus

(iii) 48.6 percent of the amount of the levy certified in the prior calendar year for the
school district's general and community service funds, plus or minus auditor's adjustments,
that remains after subtracting the referendum levy certified according to section 126C.17
and the amount recognized according to item (ii).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2012, section 127A.45, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

This section applies to all aids or credits paid by the
commissioner from the general fund to districts. new text begin The current year aid payment percentage
specified in subdivision 2 must not be reduced below 90 unless the legislation affecting
the aid payment percentage has received a vote of three-fifths of the members of each
house of the legislature.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end