HF 3004

as introduced - 86th Legislature (2009 - 2010) Posted on 02/16/2010 10:30am

A bill for an act
relating to education; providing for an election to determine whether to detach
land from an existing school district for a new independent school district;
proposing coding for new law in Minnesota Statutes, chapter 123A.

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

Section 1.

new text begin [123A.47] ELECTION TO DETACH LAND FOR A NEW SCHOOL
DISTRICT.
new text end

new text begin Subdivision 1. new text end

new text begin Detachment ballot question; school board general election. new text end

new text begin The
school board of an independent school district may, on its own motion or upon a petition
signed by at least 50 electors of the district or ten percent of the votes cast in the most
recent school board general election, whichever number is larger, place on the ballot at
the next school district general election the question whether, as of the date when a new
board can be elected and qualified under subdivision 2, to detach from the school district a
clearly and accurately described land area located within the boundaries of the district and,
consequently, to classify that detached area as a new independent school district for which
the education commissioner must assign an identification number. If the voters approve
detaching the described land area and, consequently, classifying that detached area as a
new independent school district for which the education commissioner must assign an
identification number, then the detachment must be accomplished according to this section.
new text end

new text begin Subd. 2. new text end

new text begin School board elections. new text end

new text begin (a) The county auditor of the county that contains
the greatest land area for the newly constituted school district and the county auditor
of the county that contains the greatest land area for the newly reconstituted school
district must determine a date, not less than 30 nor more than 60 days after the voters
approve the detachment ballot question under subdivision 1, to hold a special election in
the district for the purpose of electing a board of six members for terms of four years
and until successors are elected and qualified under chapter 205A. The provisions of
section 123A.48, subdivision 20, paragraphs (a) to (e), governing school board elections
in consolidating districts shall apply to the newly constituted and newly reconstituted
districts under this section.
new text end

new text begin (b) Notwithstanding any law to the contrary, the terms of the board members of the
school district from which land is being detached continue until the first school board
members are elected and qualified under this subdivision.
new text end

new text begin (c) Notwithstanding any law to the contrary, an individual may serve on the school
board of the school district from which land is being detached and subsequently, if a
resident of the district, on a school board elected and qualified under this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Tax liability for existing bonded debt. new text end

new text begin All taxable property in the area
detached under subdivision 1 remains obligated for any bonded debt of the school district
from which the property was detached and to which that detached property was subject
before the date of the detachment. In addition, all taxable property in a newly classified
district is taxable for payment of school district obligations authorized on or after the date
of the detachment by the school board or the voters of that school district.
new text end

new text begin Subd. 4. new text end

new text begin Current assets and liabilities; distribution of assets; real property.
new text end

new text begin (a) If the voters approve detachment under subdivision 1, the commissioner shall issue
an order for dividing and distributing the current assets and liabilities, real and personal,
and the legally valid and enforceable claims and contractual obligations of the school
district from which the property was detached, so that the two newly classified districts
can independently operate.
new text end

new text begin (b) The commissioner's order under paragraph (a) must transfer the real property
interests from the school district subject to the detachment to the two newly classified
districts. The commissioner must determine the distribution of and the amount, if any,
paid for the real property. The commissioner's order may impose in favor of one of the
two newly classified districts a specified dollar amount as a claim against the other
newly classified district receiving real property interests under the order. The claim must
be paid and enforced according to the law governing payment of judgments against a
school district.
new text end

new text begin Subd. 5. new text end

new text begin Licensed and nonlicensed employees. new text end

new text begin (a) The obligations of both newly
classified districts to licensed employees are governed by section 123A.75.
new text end

new text begin (b) The nonlicensed employees of the school district from which the property was
detached under subdivision 1 may apply to remain in the newly reconstituted district or
may apply to move to the newly constituted district. The commissioner shall assign the
nonlicensed employees to unfilled positions in both districts in order of seniority. All
rights of and obligations to nonlicensed employees continue in the same manner as before
the effective date of the detachment under subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin (a) This section, subdivision 1, is effective the day following
final enactment. If the voters approve the ballot question, the education commissioner
shall classify the detached area as a new independent school district and also classify
the area that remains after the detachment as a new independent school district, assign
identification numbers to both new districts, and modify the records and any plats,
petitions, and proceedings involving the affected school districts to conform with the
detachment under this section.
new text end

new text begin (b) This section, subdivisions 2, 3, and 5, are effective the day after the voters
approve the ballot question under subdivision 1.
new text end

new text begin (c) This section, subdivision 4, is effective the day after the voters approve the ballot
question under subdivision 1 and applies to both newly classified districts.
new text end