HF 2863

Introduction - 83rd Legislature (2003 - 2004)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act
  1.2             relating to education; providing for an election to 
  1.3             determine whether to detach land from an existing 
  1.4             school district for a new independent school district; 
  1.5             proposing coding for new law in Minnesota Statutes, 
  1.6             chapter 123A. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [123A.47] [ELECTION TO DETACH LAND FOR A NEW 
  1.9   SCHOOL DISTRICT.] 
  1.10     Subdivision 1.  [DETACHMENT BALLOT QUESTION; SCHOOL BOARD 
  1.11  GENERAL ELECTION.] The school board of an independent school 
  1.12  district may, on its own motion or upon a petition signed by at 
  1.13  least 50 electors of the district or ten percent of the votes 
  1.14  cast in the most recent school board general election, whichever 
  1.15  number is larger, place on the ballot at the next school 
  1.16  district general election the question whether to detach from 
  1.17  the school district a clearly and accurately described land area 
  1.18  located within the boundaries of the district and, consequently, 
  1.19  to classify that detached area as a new independent school 
  1.20  district for which the education commissioner must assign an 
  1.21  identification number.  If the voters approve detaching the 
  1.22  described land area and, consequently, classifying that detached 
  1.23  area as a new independent school district for which the 
  1.24  education commissioner must assign an identification number, 
  1.25  then the detachment must be accomplished according to this 
  1.26  section. 
  2.1      Subd. 2.  [SCHOOL BOARD ELECTIONS.] An election for a 
  2.2   six-member board of directors of the detached and newly 
  2.3   constituted school district and an election for a six-member 
  2.4   board of directors of the newly reconstituted school district 
  2.5   composed of the area that remains after the detachment shall be 
  2.6   held according to the requirements of chapter 205A.  The initial 
  2.7   election for the board of directors in each of these two school 
  2.8   districts shall be conducted by resolution of the board of the 
  2.9   county in which a majority of voters in each district resides.  
  2.10  Three of the initial board members shall be elected to two-year 
  2.11  terms and three of the initial board members shall be elected to 
  2.12  four-year terms, to be determined by lot.  The terms of the 
  2.13  board members begin on the first Monday in January following 
  2.14  their election and continue until a successor is elected and 
  2.15  qualifies.  Thereafter, the terms of all board members are 
  2.16  governed by section 123B.09. 
  2.17     Subd. 3.  [TAX LIABILITY FOR EXISTING BONDED DEBT.] All 
  2.18  taxable property in the area detached under subdivision 1 
  2.19  remains obligated for any bonded debt of the school district 
  2.20  from which the property was detached and to which that detached 
  2.21  property was subject before the date of the detachment.  In 
  2.22  addition, all taxable property in each of the two newly 
  2.23  classified districts is taxable for payment of school district 
  2.24  obligations authorized on or after the date of the detachment by 
  2.25  the school board of the newly classified school district. 
  2.26     Subd. 4.  [CURRENT ASSETS AND LIABILITIES; DISTRIBUTION OF 
  2.27  ASSETS; REAL PROPERTY.] (a) If the voters approve detachment 
  2.28  under subdivision 1, the commissioner shall issue an order for 
  2.29  dividing and distributing the current assets and liabilities, 
  2.30  real and personal, and the legally valid and enforceable claims 
  2.31  and contractual obligations of the school district from which 
  2.32  the property was detached, so that the two newly classified 
  2.33  districts can independently operate. 
  2.34     (b) The commissioner's order under paragraph (a) must 
  2.35  transfer the real property interests from the school district 
  2.36  subject to the detachment to the two newly classified 
  3.1   districts.  The commissioner must determine the distribution of 
  3.2   and the amount, if any, paid for the real property.  The 
  3.3   commissioner's order may impose in favor of one of the two newly 
  3.4   classified districts a specified dollar amount as a claim 
  3.5   against the other newly classified district receiving real 
  3.6   property interests under the order.  The claim must be paid and 
  3.7   enforced according to the law governing payment of judgments 
  3.8   against a school district. 
  3.9      Subd. 5.  [LICENSED AND NONLICENSED EMPLOYEES.] (a) The 
  3.10  obligations of both newly classified districts to licensed 
  3.11  employees are governed by section 123A.75. 
  3.12     (b) The nonlicensed employees of the school district from 
  3.13  which the property was detached under subdivision 1 may apply to 
  3.14  remain in the newly reconstituted district or may apply to move 
  3.15  to the newly constituted district.  The commissioner shall 
  3.16  assign the nonlicensed employees to unfilled positions in both 
  3.17  districts in order of seniority.  All rights of and obligations 
  3.18  to nonlicensed employees continue in the same manner as before 
  3.19  the effective date of the detachment under subdivision 1. 
  3.20     [EFFECTIVE DATE.] (a) Subdivision 1 is effective the day 
  3.21  following final enactment.  If the voters approve the ballot 
  3.22  question, the education commissioner shall classify the detached 
  3.23  area as a new independent school district and also classify the 
  3.24  area that remains after the detachment as a new independent 
  3.25  school district, assign identification numbers to both new 
  3.26  districts, and modify the records and any plats, petitions, and 
  3.27  proceedings involving the affected school districts to conform 
  3.28  with the detachment under this section. 
  3.29     (b) Subdivisions 2, 3, and 5 are effective the day after 
  3.30  the voters approve the ballot question under subdivision 1. 
  3.31     (c) Subdivision 4 is effective the day after the voters 
  3.32  approve the ballot question under subdivision 1 and applies to 
  3.33  both newly classified districts.