HF 248

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

A bill for an act
relating to education finance; modifying a school
district's percentage of students attending nonpublic
school necessary to qualify for an exemption; creating
a process to resolve a tuition obligation; converting
referendum revenue authority for Common School
District No. 815, Prinsburg; authorizing the school
district to recertify its school levy for taxes
payable in 2005; amending Minnesota Statutes 2004,
section 123A.70.

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

Section 1.

Minnesota Statutes 2004, section 123A.70, is
amended to read:

123A.70 PRIVATE SCHOOLS; PRINSBURG.

Sections 123A.64 to 123A.68 shall not apply to any new text begin common
school new text end district in which is located any existing private school
maintaining elementary and secondary education for deleted text begin 75 deleted text end new text begin 50 new text end percent
of the eligible pupils within the district and complying with
the requirements of section 120A.22.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 2. new text begin DETERMINATION OF OUTSTANDING OBLIGATIONS.
new text end

new text begin The boards of Common School District No. 815, Prinsburg,
and Independent School District No. 2180, MACCRAY, must meet to
determine the amount of the outstanding tuition owed by the
Prinsburg School District to the MACCRAY School District. If
the districts cannot agree to the amount of the tuition owed,
the districts may submit all relevant information to the
commissioner of education who shall determine the amount of the
tuition obligation owed to the MACCRAY School District based on
the number of pupils resident to Prinsburg attending MACCRAY
schools, the general education revenue amounts for the two
districts for the fiscal years in dispute, and other relevant
financial information as determined by the commissioner. If
requested to do so by the board of either school district, the
commissioner shall be required to hold a contested case hearing
on the tuition dispute under Minnesota Statutes, chapter 14.
new text end

Sec. 3. new text begin CONVERSION OF REFERENDUM REVENUE AUTHORITY TO
SPECIAL LEVY AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Conversion of question 1 referendum levy
authority to special levy authority. new text end

new text begin Notwithstanding any law to
the contrary, Common School District No. 815, Prinsburg, may
convert the levy authority approved during the November 2004
general election as school district ballot question 1 from
referendum revenue authority to special levy authority. This
levy authority must be used for payments of outstanding tuition
amounts to Independent School District No. 2180, MACCRAY. The
maximum levy authority annually shall be converted from the
amount described as a dollar allowance per resident marginal
cost pupil unit to a fixed dollar amount for each of the three
years as specified by the board of Common School District No.
815, Prinsburg. These amounts may be levied for taxes payable
in 2005, 2006, and 2007 only. Seventy percent of the amount
certified in each year must be spread on tax capacity and the
remaining 30 percent of the levy must be spread on the
referendum market value of the school district. This levy is
not subject to the property tax recognition shift under
Minnesota Statutes, sections 123B.75, subdivision 5, and
127A.441.
new text end

new text begin Subd. 2. new text end

new text begin Conversion of question 2 to special levy
authority for four years. new text end

new text begin Notwithstanding any law to the
contrary, Common School District No. 815, Prinsburg, may convert
the levy authority approved during the November 2004 general
election as school district ballot question 2 from referendum
revenue authority to special levy. The maximum levy authority
under this question is the annual amount specified by the board
of Common School District No. 815, Prinsburg, as the amount
necessary to eliminate the district's operating deficit.
Seventy percent of the amount certified in each year must be
spread on tax capacity and the remaining 30 percent of the levy
must be spread on the referendum market value of the school
district. This levy is not subject to the property tax
recognition shift under Minnesota Statutes, sections 123B.75,
subdivision 5, and 127A.441.
new text end

new text begin Subd. 3. new text end

new text begin Special operating levy authority. new text end

new text begin Common School
District No. 815, Prinsburg, may hold an election once every
four years on the first Tuesday after the first Monday in
November, beginning with the November 2008 general election to
approve additional special operating levy for another four
years. The ballot must state that the board of the district
desires to levy the amounts necessary to eliminate any operating
deficit for the following four years. The election must follow
the notice and procedural provisions described under Minnesota
Statutes, section 126C.17. Seventy percent of the amount
certified in each year must be spread on tax capacity and the
remaining 30 percent of the levy must be spread on the
referendum market value of the school district. This levy is
not subject to the property tax recognition shift under
Minnesota Statutes, sections 123B.75, subdivision 5, and
127A.441.
new text end

new text begin Subd. 4. new text end

new text begin School board resolution. new text end

new text begin The board of Common
School District No. 815, Prinsburg, may adopt a written
resolution in seeking the conversion of referendum revenue
authority to special levy authority. The resolution must state
the district's desire to convert its referendum revenue
authority approved at the November 2004 general election into
special levy authority and specify the amounts of the special
levy authority. The district must also notify the Department of
Education by July 1 of each year the amount it intends to levy
for that year.
new text end

Sec. 4. new text begin RECERTIFICATION OF 2005 SCHOOL DISTRICT LEVY.
new text end

new text begin Subdivision 1. new text end

new text begin Eligibility. new text end

new text begin Common School District No.
815, Prinsburg, may recertify its 2004 levy for taxes payable in
2005 if:
new text end

new text begin (1) the district is in statutory operating debt according
to Minnesota Statutes, section 123B.81;
new text end

new text begin (2) the district conducted a successful referendum at the
November 2004 election; and
new text end

new text begin (3) the board of the district has adopted a resolution as
required by section 1.
new text end

new text begin Subd. 2. new text end

new text begin Recertification process. new text end

new text begin Notwithstanding any
law to the contrary, Common School District No. 815, Prinsburg,
may recertify its 2004 levy for taxes payable in 2005 within
five days of:
new text end

new text begin (1) the effective date of this section, the board must
notify the Department of Education that it has adopted the
resolution according to section 1;
new text end

new text begin (2) receiving the notice from the district, the Department
of Education must recompute the district's 2004 payable in 2005
levy limitation and report these amounts to the school district
and the county auditor; and
new text end

new text begin (3) receiving the notice from the Department of Education,
the school district must certify the added levy amount to the
county auditor.
new text end

new text begin The county auditor must add these amounts to the 2004 levy for
taxes payable in 2005 previously certified by the school
district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and applies for taxes payable in 2005.
new text end