.................... moves to amend H.F. No. 3163 as follows:
Page 2, after line 4, insert:
"Sec. 2. Minnesota Statutes 2008, section 123B.12, is amended to read:
1.4123B.12 INSUFFICIENT FUNDS TO PAY ORDERS.
(a) In the event that a district or a cooperative unit defined in section
, has insufficient funds to pay its usual lawful current obligations, subject to
, the board may enter into agreements with banks or any person to take its
orders. Any order drawn, after having been presented to the treasurer for payment and not
paid for want of funds shall be endorsed by the treasurer by putting on the back thereof
the words "not paid for want of funds," giving the date of endorsement and signed by the
treasurer. A record of such presentment, nonpayment and endorsement shall be made by
the treasurer. The treasurer shall serve a written notice upon the payee or the payee's
assignee, personally, or by mail, when the treasurer is prepared to pay such orders. The
notice may be directed to the payee or the payee's assignee at the address given in writing
by such payee or assignee to such treasurer, at any time prior to the service of such notice.
No order shall draw any interest if such address is not given when the same is unknown to
the treasurer, and no order shall draw any interest after the service of such notice.
(b) A district may enter, subject to section
a an unsecured
line of credit
agreement with a financial institution. The amount of credit available must not exceed
95 percent of average expenditure per month of operating expenditures in the previous
fiscal year. Any amount advanced must be repaid no later than 45 days after the day of
Page 5, after line 20, insert:
"Sec. 7. Minnesota Statutes 2008, section 127A.45, is amended by adding a subdivision
2.1 Subd. 17. Payment to creditors. Except where otherwise specifically authorized,
2.2state education aid payments shall be made only to the education organization earning
2.3state aid revenues as a result of providing education services.
Page 21, after line 17, insert:
"Sec. 14. Minnesota Statutes 2009 Supplement, section 124D.11, subdivision 9,
is amended to read:
Subd. 9. Payment of aids to charter schools.
(a) Notwithstanding section
, aid payments for the current fiscal year to a charter school shall be of an
equal amount on each of the 24 payment dates.
(b) Notwithstanding paragraph (a) and section
, for a charter school ceasing
operation on or prior to June 30 of a school year, for the payment periods occurring after
the school ceases serving students, the commissioner shall withhold the estimated state aid
owed the school. The charter school board of directors and authorizer must submit to the
commissioner a closure plan under chapter 308A or 317A, and financial information about
the school's liabilities and assets. After receiving the closure plan, financial information,
an audit of pupil counts, documentation of lease expenditures, and monitoring of special
education expenditures, the commissioner may release cash withheld and may continue
regular payments up to the current year payment percentages if further amounts are
owed. If, based on audits and monitoring, the school received state aid in excess of the
amount owed, the commissioner shall retain aid withheld sufficient to eliminate the aid
overpayment. For a charter school ceasing operations prior to, or at the end of, a school
year, notwithstanding section
, subdivision 3, preliminary final payments may
be made after receiving the closure plan, audit of pupil counts, monitoring of special
education expenditures, documentation of lease expenditures, and school submission of
Uniform Financial Accounting and Reporting Standards (UFARS) financial data for the
final year of operation. Final payment may be made upon receipt of audited financial
statements under section
, subdivision 3.
(c) If a charter school fails to comply with the commissioner's directive to return,
for cause, federal or state funds administered by the department, the commissioner may
withhold an amount of state aid sufficient to satisfy the directive.
(d) If, within the timeline under section
, a charter school fails to pay the state
of Minnesota, a school district, intermediate school district, or service cooperative after
receiving an undisputed invoice for goods and services, the commissioner may withhold
an amount of state aid sufficient to satisfy the claim and shall distribute the withheld
aid to the interested state agency, school district, intermediate school district, or service
cooperative. An interested state agency, school district, intermediate school district, or
education cooperative shall notify the commissioner when a charter school fails to pay an
undisputed invoice within 75 business days of when it received the original invoice.
(e) Notwithstanding section
127A.45, subdivision 3
, and paragraph (a), 80 percent
of the start-up cost aid under subdivision 8 shall be paid within 45 days after the first day
of student attendance for that school year.
(f) In order to receive state aid payments under this subdivision, a charter school in
its first three years of operation must submit a school calendar in the form and manner
requested by the department and a quarterly report to the Department of Education. The
report must list each student by grade, show the student's start and end dates, if any,
with the charter school, and for any student participating in a learning year program,
the report must list the hours and times of learning year activities. The report must be
submitted not more than two weeks after the end of the calendar quarter to the department.
The department must develop a Web-based reporting form for charter schools to use
when submitting enrollment reports. A charter school in its fourth and subsequent year of
operation must submit a school calendar and enrollment information to the department in
the form and manner requested by the department.
3.17(g) Notwithstanding chapter 317A, a charter school may not pledge or assign state
3.18aids to be received to a lender or creditor.
, upon closure of a charter
school and satisfaction of creditors, cash and investment balances remaining shall be
returned to the state."
Renumber the sections in sequence and correct the internal references
Correct the title numbers accordingly