HF 44

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 01/30/2023 08:51pm

A bill for an act
relating to education finance; requiring school districts to provide access to
menstrual products for students; increasing operating capital aid to fund school
district purchases of menstrual products; appropriating money; amending Minnesota
Statutes 2022, section 126C.10, subdivisions 13, 13a, 14; proposing coding for
new law in Minnesota Statutes, chapter 121A.

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

Section 1.

new text begin [121A.212] ACCESS TO MENSTRUAL PRODUCTS.
new text end

new text begin A school district or charter school must provide students with access to menstrual products
at no charge. The products must be available to all menstruating students in restrooms
regularly used by students in grades 4 to 12 according to a plan developed by the school
district. For purposes of this section, "menstrual products" means pads, tampons, or other
similar products used in connection with the menstrual cycle.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 2.

Minnesota Statutes 2022, section 126C.10, subdivision 13, is amended to read:

Subd. 13.

Total operating capital revenue.

(a) Total operating capital revenue for a
district equals the deleted text begin amount determined under paragraph (b) or (c), plus deleted text end new text begin sum of:
new text end

new text begin (1) new text end $79 times the adjusted pupil units for the school year deleted text begin . deleted text end new text begin ;
new text end

new text begin (2) the product of $109, the district's maintenance cost index, and its adjusted pupil units
for the school year plus the amount computed under paragraph (c); and
new text end

new text begin (3) $2 times the adjusted pupil units of the school district for the school year for the
purposes of supplying menstrual products under subdivision 14, clause (26).
new text end

new text begin (b) new text end The revenue new text begin under this subdivision new text end must be placed in a reserved account in the
general fund and may only be used according to subdivision 14.

deleted text begin (b) Capital revenue for a district equals $109 times the district's maintenance cost index
times its adjusted pupil units for the school year.
deleted text end

(c) The revenue new text begin under paragraph (a), clause (2), new text end for a district that operates a program
under section 124D.128, is increased by an amount equal to $31 times the number of adjusted
pupil units served at the site where the program is implemented.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2024 and later.
new text end

Sec. 3.

Minnesota Statutes 2022, section 126C.10, subdivision 13a, is amended to read:

Subd. 13a.

Operating capital levy.

new text begin (a) new text end To obtain operating capital revenue, a district
may levy an amount not more than the product of its operating capital revenue new text begin computed
under subdivision 13, paragraph (a), clauses (1) and (2), new text end for the fiscal year times the lesser
of one or the ratio of its adjusted net tax capacity per adjusted pupil unit to the operating
capital equalizing factor.

new text begin (b) new text end The operating capital equalizing factor equals deleted text begin $23,902 for fiscal year 2020, $23,885
for fiscal year 2021, and deleted text end $22,912 for fiscal year 2022 and later.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2024 and later.
new text end

Sec. 4.

Minnesota Statutes 2022, section 126C.10, subdivision 14, is amended to read:

Subd. 14.

Uses of total operating capital revenue.

Total operating capital revenue may
be used only for the following purposes:

(1) to acquire land for school purposes;

(2) to acquire or construct buildings for school purposes;

(3) to rent or lease buildings, including the costs of building repair or improvement that
are part of a lease agreement;

(4) to improve and repair school sites and buildings, and equip or reequip school buildings
with permanent attached fixtures, including library media centers;

(5) for a surplus school building that is used substantially for a public nonschool purpose;

(6) to eliminate barriers or increase access to school buildings by individuals with a
disability;

(7) to bring school buildings into compliance with the State Fire Code adopted according
to chapter 299F;

(8) to remove asbestos from school buildings, encapsulate asbestos, or make
asbestos-related repairs;

(9) to clean up and dispose of polychlorinated biphenyls found in school buildings;

(10) to clean up, remove, dispose of, and make repairs related to storing heating fuel or
transportation fuels such as alcohol, gasoline, fuel oil, and special fuel, as defined in section
296A.01;

(11) for energy audits for school buildings and to modify buildings if the audit indicates
the cost of the modification can be recovered within ten years;

(12) to improve buildings that are leased according to section 123B.51, subdivision 4;

(13) to pay special assessments levied against school property but not to pay assessments
for service charges;

(14) to pay principal and interest on state loans for energy conservation according to
section 216C.37 or loans made under the Douglas J. Johnson Economic Protection Trust
Fund Act according to sections 298.292 to deleted text begin 298.298 deleted text end new text begin 298.297 new text end ;

(15) to purchase or lease interactive telecommunications equipment;

(16) by board resolution, to transfer money into the debt redemption fund to: (i) pay the
amounts needed to meet, when due, principal and interest payments on certain obligations
issued according to chapter 475; or (ii) pay principal and interest on debt service loans or
capital loans according to section 126C.70;

(17) to pay operating capital-related assessments of any entity formed under a cooperative
agreement between two or more districts;

(18) to purchase or lease computers and related hardware, software, and annual licensing
fees, copying machines, telecommunications equipment, and other noninstructional
equipment;

(19) to purchase or lease assistive technology or equipment for instructional programs;

(20) to purchase textbooks as defined in section 123B.41, subdivision 2;

(21) to purchase new and replacement library media resources or technology;

(22) to lease or purchase vehicles;

(23) to purchase or lease telecommunications equipment, computers, and related
equipment for integrated information management systems for:

(i) managing and reporting learner outcome information for all students under a
results-oriented graduation rule;

(ii) managing student assessment, services, and achievement information required for
students with individualized education programs; and

(iii) other classroom information management needs;

(24) to pay personnel costs directly related to the acquisition, operation, and maintenance
of telecommunications systems, computers, related equipment, and network and applications
software; deleted text begin and
deleted text end

(25) to pay the costs directly associated with closing a school facility, including moving
and storage costs new text begin ; and
new text end

new text begin (26) to pay the costs of supplies and equipment necessary to provide access to menstrual
products at no charge to students in restrooms and as otherwise needed in school facilities new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 5. new text begin ANNUAL GENERAL EDUCATION AID APPROPRIATION; OPERATING
CAPITAL REVENUE FOR MENSTRUAL PRODUCTS.
new text end

new text begin (a) The appropriation under Minnesota Statutes, section 126C.20, is increased by the
following amounts for the fiscal years designated for the purposes of providing operating
capital revenue under Minnesota Statutes, section 126C.10, subdivision 13, paragraph (a),
clause (3):
new text end

	new text begin $ new text end	new text begin 1,679,000 new text end	new text begin ..... new text end	new text begin 2024 new text end
	new text begin $ new text end	new text begin 1,859,000 new text end	new text begin ..... new text end	new text begin 2025 new text end

new text begin (b) The 2024 increase includes $0 for 2023 and $1,679,000 for 2024.
new text end

new text begin (c) The 2025 increase includes $187,000 for 2024 and $1,672,000 for 2025.
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