HF 381

as introduced - 87th Legislature (2011 - 2012) Posted on 02/07/2011 09:40am

A bill for an act
relating to education; providing school district budget relief; amending
Minnesota Statutes 2010, section 126C.44; repealing Minnesota Statutes 2010,
sections 122A.61; 123B.05.

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

Section 1.

Minnesota Statutes 2010, section 126C.44, is amended to read:

126C.44 SAFE SCHOOLS LEVY.

(a) Each district may make a levy on all taxable property located within the district
for the purposes specified in this section. The maximum amount which may be levied
for all costs under this section shall be equal to $30 multiplied by the district's adjusted
marginal cost pupil units for the school year. The proceeds of the levy must be reserved and
used for directly funding the following purposes or for reimbursing the cities and counties
who contract with the district for the following purposes: (1) to pay the costs incurred for
the salaries, benefits, and transportation costs of peace officers and sheriffs for liaison in
services in the district's schools; (2) to pay the costs for a drug abuse prevention program
as defined in section 609.101, subdivision 3, paragraph (e), in the elementary schools;
(3) to pay the costs for a gang resistance education training curriculum in the district's
schools; (4) to pay the costs for security in the district's schools and on school property; (5)
to pay the costs for other crime prevention, drug abuse, student and staff safety, voluntary
opt-in suicide prevention tools, and violence prevention measures taken by the school
district; or (6) to pay costs for licensed school counselors, licensed school nurses, licensed
school social workers, licensed school psychologists, and licensed alcohol and chemical
dependency counselors to help provide early responses to problems. For expenditures
under clause (1), the district must initially attempt to contract for services to be provided
by peace officers or sheriffs with the police department of each city or the sheriff's
department of the county within the district containing the school receiving the services. If
a local police department or a county sheriff's department does not wish to provide the
necessary services, the district may contract for these services with any other police or
sheriff's department located entirely or partially within the school district's boundaries.

(b) A school district that is a member of an intermediate school district may
include in its authority under this section the costs associated with safe schools activities
authorized under paragraph (a) for intermediate school district programs. This authority
must not exceed $10 times the adjusted marginal cost pupil units of the member districts.
This authority is in addition to any other authority authorized under this section. Revenue
raised under this paragraph must be transferred to the intermediate school district.

deleted text begin (c) A school district must set aside at least $3 per adjusted marginal cost pupil
unit of the safe schools levy proceeds for the purposes authorized under paragraph (a),
clause (6). The district must annually certify either that: (1) its total spending on services
provided by the employees listed in paragraph (a), clause (6), is not less than the sum of
its expenditures for these purposes, excluding amounts spent under this section, in the
previous year plus the amount spent under this section; or (2) that the district's full-time
equivalent number of employees listed in paragraph (a), clause (6), is not less than the
number for the previous year.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 2. new text begin SALARY FREEZE.
new text end

new text begin Subdivision 1. new text end

new text begin Salary increases prohibited. new text end

new text begin (a) From the effective date of this
section through June 30, 2013, a school district or charter school must not increase the
rate of salary or wages for any employee. This section prohibits any increase including,
but not limited to, across-the-board increases; cost-of-living adjustments; increases based
on longevity; increases as a result of step and lane changes; increases in the form of
lump-sum payments; increases in employer contributions to deferred compensation plans;
or any other pay grade adjustments of any kind. For purposes of this section, salary or
wages does not include employer contributions toward the cost of medical or dental
insurance premiums, provided that employee contributions to the costs of medical or
dental insurance premiums are not decreased.
new text end

new text begin (b) This section does not prohibit an increase in the rate of salary and wages for an
employee who is promoted or transferred to a position with greater job responsibilities.
Additional educational credits or degrees or a lane change is not a promotion or a transfer
to a position with greater job responsibilities. This section also does not prohibit a school
district or charter school from implementing an alternative compensation program
approved by the commissioner of the Department of Education. The commissioner may
approve an alternative compensation program at the commissioner's sole discretion.
new text end

new text begin Subd. 2. new text end

new text begin Contracts in effect. new text end

new text begin (a) This section does not prohibit a school district or
charter school from effectuating an increase in the rate of salary or wages for employees
if required by a contract or collective bargaining agreement that is in effect before the
effective date of this section. However, from the effective date of this section until June
30, 2013, a school district or charter school may not:
new text end

new text begin (1) enter into a new contract or collective bargaining agreement that increases salary
or wages in a manner prohibited by this section; or
new text end

new text begin (2) increase the rate of salary or wages for employees through extension of an expired
contract or collective bargaining agreement or any other arrangement or agreement.
new text end

new text begin (b) Notwithstanding any law to the contrary, if, as of the effective date of this section,
a school district or charter school has agreed to or entered into a contract or collective
bargaining agreement that is not scheduled to become effective until after the effective
date of this section, any provision of the contract or collective bargaining agreement that
violates subdivision 1, paragraph (a), is void. If this occurs, the exclusive representative
may rescind the entire contract or collective bargaining agreement. To be effective, a
request to rescind the contract must be made within 30 calendar days following the
effective date of this section. Any subsequent contract or collective bargaining agreement
must comply with the terms of this section.
new text end

new text begin (c) Notwithstanding any law to the contrary, upon expiration of a contract or
collective bargaining agreement, each employee must remain at the rate of salary and wage
in effect at the time the contract expired, except as authorized in subdivision 1, paragraph
(b). Any language in a contract or collective bargaining agreement that attempts to extend
the terms of the contract or collective bargaining agreement is invalid if it seeks to extend
the application of the terms of a collective bargaining agreement past the durational limits
set forth in Minnesota Statutes, section 179A.20, subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Future contracts. new text end

new text begin A contract or collective bargaining agreement or
compensation plan entered into after June 30, 2013, must not provide a retroactive salary
or wage increase that applies to a period before June 30, 2013, if that increase would be
prohibited by this section if granted before June 30, 2013.
new text end

new text begin Subd. 4. new text end

new text begin Arbitration and strikes. new text end

new text begin Notwithstanding any law to the contrary:
new text end

new text begin (1) employees of a school district or charter school may not legally strike due to a
school district or charter school's refusal to grant a salary or wage increase if the refusal is
required to comply with this section; and
new text end

new text begin (2) neither a school district or charter school nor an exclusive representative may
request interest arbitration in relation to an increase in the rate of salary or wages that is
prohibited by this section and an arbitrator may not issue an award that would increase
salary or wages in a manner prohibited by this section.
new text end

new text begin Subd. 5. new text end

new text begin Relation to other law. new text end

new text begin This section supersedes Minnesota Statutes,
chapter 179A, and any other law to the contrary. It is not an unfair labor practice under
Minnesota Statutes, chapter 179A, for a school district or charter school to take any action
required to comply with this section.
new text end new text begin new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
Subdivisions 1, 2, 4, and 5 expire on June 30, 2013.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 122A.61; and 123B.05, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end