Bill Text: MN HF1176 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Alternative facility revenue uses modified.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2011-03-16 - Introduction and first reading, referred to Education Finance [HF1176 Detail]
Download: Minnesota-2011-HF1176-Introduced.html
1.2relating to education finance; modifying the uses of alternative facilities revenue;
1.3amending Minnesota Statutes 2010, section 123B.59, subdivisions 1, 2.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 123B.59, subdivision 1, is amended to read:
1.6 Subdivision 1. To qualify. (a) An independent or special school district qualifies to
1.7participate in the alternative facilities bonding and levy program if the district has:
1.8 (1) more than 66 students per grade;
1.9 (2) over 1,850,000 square feet of space and the average age of building space is 15
1.10years or older or over 1,500,000 square feet and the average age of building space is
1.1135 years or older;
1.12 (3) insufficient funds from projected health and safety revenue and capital facilities
1.13revenue to meet the requirements for deferred maintenance, to make accessibility
1.14improvements,or to make fire, safety, or health repairs, or otherwise implement its
1.15ten-year facility plan according to subdivision 2; and
1.16 (4) a ten-year facility plan approved by the commissioner according to subdivision 2.
1.17 (b) An independent or special school district not eligible to participate in the
1.18alternative facilities bonding and levy program under paragraph (a) qualifies for limited
1.19participation in the program if the district has:
1.20 (1) one or more health and safety projects with an estimated cost of $500,000 or
1.21more per site that would qualify for health and safety revenue except for the project size
1.22limitation in section123B.57, subdivision 1 , paragraph (b); and
1.23 (2) insufficient funds from capital facilities revenue to fund those projects.
2.1 (c) Notwithstanding the square footage limitation in paragraph (a), clause (2),
2.2a school district that qualified for eligibility under paragraph (a) as of July 1, 2007,
2.3remains eligible for funding under this section as long as the district continues to meet the
2.4requirements of paragraph (a), clauses (1), (3), and (4).
2.5EFFECTIVE DATE.This section is effective for taxes payable in 2012 and later.
2.6 Sec. 2. Minnesota Statutes 2010, section 123B.59, subdivision 2, is amended to read:
2.7 Subd. 2. Facility plan. (a) A district qualifying under subdivision 1, paragraph
2.8(a), must have a ten-year facility plan approved by the commissionerthat includes. The
2.9facility plan must include an inventory of eligible projects and coststhat would be eligible
2.10for. Eligible projects include:
2.11(1) projects that qualify for health and safety revenue, without restriction as to
2.12project size;
2.13(2) projects that qualify for the disabled access levy;and
2.14(3) deferred capital expenditures and maintenance projects necessary to prevent
2.15further erosion of facilities;
2.16(4) structural modifications to buildings for student and staff safety; and
2.17(5) property assessments imposed by another unit of government for street and
2.18utility work.
2.19(b) A district qualifying under subdivision 1, paragraph (b), must have a five-year
2.20plan that includes an inventory of projects and costs for health and safety projects with an
2.21estimated cost of $500,000 or more per site that would qualify for health and safety revenue
2.22except for the project size limitation in section123B.57, subdivision 1 , paragraph (b).
2.23(c) The school district must:
2.24(1) annually update the plans;
2.25(2) biennially submit a facility maintenance plan; and
2.26(3) indicate whether the district will issue bonds to finance the plan or levy for
2.27the costs.
2.28EFFECTIVE DATE.This section is effective for taxes payable in 2012 and later.
1.3amending Minnesota Statutes 2010, section 123B.59, subdivisions 1, 2.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 123B.59, subdivision 1, is amended to read:
1.6 Subdivision 1. To qualify. (a) An independent or special school district qualifies to
1.7participate in the alternative facilities bonding and levy program if the district has:
1.8 (1) more than 66 students per grade;
1.9 (2) over 1,850,000 square feet of space and the average age of building space is 15
1.10years or older or over 1,500,000 square feet and the average age of building space is
1.1135 years or older;
1.12 (3) insufficient funds from projected health and safety revenue and capital facilities
1.13revenue to meet the requirements for deferred maintenance, to make accessibility
1.14improvements,
1.15ten-year facility plan according to subdivision 2; and
1.16 (4) a ten-year facility plan approved by the commissioner according to subdivision 2.
1.17 (b) An independent or special school district not eligible to participate in the
1.18alternative facilities bonding and levy program under paragraph (a) qualifies for limited
1.19participation in the program if the district has:
1.20 (1) one or more health and safety projects with an estimated cost of $500,000 or
1.21more per site that would qualify for health and safety revenue except for the project size
1.22limitation in section
1.23 (2) insufficient funds from capital facilities revenue to fund those projects.
2.1 (c) Notwithstanding the square footage limitation in paragraph (a), clause (2),
2.2a school district that qualified for eligibility under paragraph (a) as of July 1, 2007,
2.3remains eligible for funding under this section as long as the district continues to meet the
2.4requirements of paragraph (a), clauses (1), (3), and (4).
2.5EFFECTIVE DATE.This section is effective for taxes payable in 2012 and later.
2.6 Sec. 2. Minnesota Statutes 2010, section 123B.59, subdivision 2, is amended to read:
2.7 Subd. 2. Facility plan. (a) A district qualifying under subdivision 1, paragraph
2.8(a), must have a ten-year facility plan approved by the commissioner
2.9facility plan must include an inventory of eligible projects and costs
2.10
2.11(1) projects that qualify for health and safety revenue, without restriction as to
2.12project size;
2.13(2) projects that qualify for the disabled access levy;
2.14(3) deferred capital expenditures and maintenance projects necessary to prevent
2.15further erosion of facilities;
2.16(4) structural modifications to buildings for student and staff safety; and
2.17(5) property assessments imposed by another unit of government for street and
2.18utility work.
2.19(b) A district qualifying under subdivision 1, paragraph (b), must have a five-year
2.20plan that includes an inventory of projects and costs for health and safety projects with an
2.21estimated cost of $500,000 or more per site that would qualify for health and safety revenue
2.22except for the project size limitation in section
2.23(c) The school district must:
2.24(1) annually update the plans;
2.25(2) biennially submit a facility maintenance plan; and
2.26(3) indicate whether the district will issue bonds to finance the plan or levy for
2.27the costs.
2.28EFFECTIVE DATE.This section is effective for taxes payable in 2012 and later.
