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each year by the commissioner to satisfy the following condition:__ | when the operating cost mill rate is applied to the fiscal capacity | of each unit eligible for subsidy under subsection 2, the subsidies | that result under this section, including the minimum subsidies in | subsection 3, must exhaust 99.5% of the amount appropriated by the | State for operating costs. |
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| | 5.__Commissioner's reserve fund.__One-half of one percent of | the amount appropriated under this section plus subsidy | reductions under subsection 2 must be held by the commissioner in | a reserve fund that the commissioner may expend during the year | of funding to make adjustments resulting from audits or necessary | corrections to subsidy entitlements under this chapter.__In the | 12th month of the year of funding, any balance then remaining in | the reserve fund must be distributed to all units eligible for | subsidy under subsection 2 in proportion to each unit's operating | cost subsidy level. |
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| §15664.__Program cost subsidy |
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| | By March 31st of each year, the Legislature shall appropriate | funds to subsidize program costs for all eligible units for the | ensuing fiscal year. |
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| | 1.__Default appropriation.__In the absence of timely | legislative action, the program cost subsidy for the ensuing year | must be calculated and paid by the commissioner based on the | program appropriation and the program millage limit in effect for | the current year. |
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| | 2.__How calculated.__The program cost subsidy for each unit is | the product of that unit's program costs times the state share | percentage for that unit. |
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| | 3.__Appropriation less than subsidy.__If the appropriation for | program costs is insufficient to pay the subsidies calculated in | accordance with subsection 2, then the subsidy to each unit | eligible to receive a program cost subsidy must be reduced in | proportion to each unit's average pupil count. |
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| | 4.__Appropriation exceeding subsidy.__If the appropriation for | program costs exceeds the amount necessary to pay the subsidies | calculated in accordance with subsection 2, then the excess must | be distributed to pay that portion of each unit's program costs | that exceeds its program circuit breaker.__A unit's "program | circuit breaker" is the amount calculated by multiplying the | program millage limit times the fiscal capacity of that unit. |
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| | 5.__Program millage limit.__For purposes of this section, | "program millage limit" means a single statewide property tax |
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