as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
A bill for an act
relating to education; authorizing regional pupil transportation centers; proposing
coding for new law in Minnesota Statutes, chapters 123B; 179A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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For the purposes of this section, "board" means the
cooperative pupil transportation center board.
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Intermediate District No. 287, Hennepin and Wright counties,
may enter into an agreement to establish a cooperative organization to provide pupil
transportation services upon a majority vote of the school board. When a resolution
authorizing the creation of a cooperative pupil transportation organization has been
adopted by the board of the district, the resolution shall be published once in a newspaper
of general circulation in the district.
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A public corporation created under subdivision 2 shall be known
as .... (insert name) .... cooperative pupil transportation center no. .... and shall have an
identification number assigned according to section 123A.56.
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(a) The cooperative pupil transportation center must be
operated by a center board of at least three members. The center board shall consist of
school board members from the participating district and appointed by the school board.
The board must choose an administrative officer who shall serve as an ex officio nonvoting
member of the board to administer board policy and directives.
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(b) The terms of office of the first members of the board must be distributed
among one-, two-, and three-year terms. Thereafter, the terms shall be for three years
commencing on July 1 of each year. If a vacancy occurs on the board, it must be filled by
the school board within 90 days.
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(c) The board must choose its officers and conduct any other necessary organizational
business. The board must meet at least annually as is practicable pursuant to notice sent to
all board members by the chief executive officer of the board.
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(d) The board shall elect officers. As is applicable, sections 123B.09, 123B.14,
123B.143, and 123B.147 shall apply to the board and officers of the center.
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(a) The board shall have the general
charge of the business of the center and the ownership of facilities. The board may not
issue bonds on its behalf. The district may issue bonds for the purpose of acquisition and
betterment of center facilities in the amount certified by the center board to the district in
accordance with chapter 475 without an election at a public or private sale.
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(b) The board may furnish pupil transportation services to any student residing in or
attending school in the district.
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(c) In accordance with subdivision 6, paragraph (b), the board shall certify to
each participating district the amount of funds assessed to the district required for the
conduct of the pupil transportation services, payment of indebtedness, and all other proper
expenses of the center.
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(d) The board may employ and discharge necessary employees and may contract for
other necessary services.
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(e) The board may establish fees according to sections 123B.34 to 123B.39 for pupil
transportation services not otherwise required by statute.
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(a) A board established under this section is a public
corporation and agency and may receive and disburse federal, state, and local funds made
available to it. A participating school district or member must not have any additional
individual liability for the debts or obligations of the center except that assessment which
has been certified under paragraph (b) and subdivision 5, paragraphs (a) and (c). A
member of the board shall have liability as is applicable to a member of an independent
school district board. Any property, real or personal, acquired or owned by the board for
its purposes shall be exempt from taxation by the state or any of its political subdivisions.
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(b) The district shall remit its assessment to the board within 30 days after receipt.
The assessments shall be paid with a levy of each participating district.
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The center shall be
governed by the general laws relating to independent school districts of the state unless
provided otherwise in statute.
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The school board of Intermediate District No. 287 may agree
to dissolve a center effective at the end of a school year or at an earlier agreed upon
time. A dissolution must be accomplished in accordance with applicable provisions of
the agreement establishing the center. Upon receipt of the dissolution resolution from the
school board of the district, the center board shall file a certified copy with the county
auditors of the counties affected. The dissolution must not affect the continuing liability
of the district for bonded indebtedness incurred prior to the dissolution, or for other
continuing obligations, including unemployment benefits.
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A cooperative pupil transportation center may be eligible for
revenue under sections 123B.92 and 124D.87.
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A school district that is a member of a cooperative
pupil transportation center may transfer or rent school buses or other assets to the center.
The center must determine the value of the transferred assets and must deduct these
amounts from a district's assessments under subdivision 6.
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The pupil transportation center board shall
meet and negotiate with the exclusive representative of regional school bus units under
section 179A.105.
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Regional school bus units consist of school bus drivers, school
bus maintenance workers, clerical workers, administrative workers, and technical workers
assigned to school bus duties.
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The commissioner of the bureau of mediation services shall
apply the processes and provisions governing the court employee unit transition provided
in section 179A.102 to the transition to a new bargaining unit structure for the regional
school bus units. Subsequent to the initial certification and decertification, if any, the
provisions of section 179A.102 do not apply.
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A school district may contract for school bus services. The contract may extend for
the term of any debt or obligation issued by the cooperative pupil transportation center. The
center may pledge such contracts as a source or repayment of its bonds and obligations.
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