HF 1090

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; enabling school districts to
focus on delivering academic services; transferring
responsibilities for noncurricular athletic and fine
arts activities for youth from school districts to
local governments; amending Minnesota Statutes 2004,
sections 122A.33; 123B.35; 123B.36, subdivision 1;
123B.49, subdivisions 1, 4; 123B.51, subdivision 4, by
adding a subdivision; 124D.61; 124D.74, subdivision 6;
128C.01; 128C.02; 128C.03; 128C.05; 128C.07; 128C.08;
275.70, subdivision 5; repealing Minnesota Statutes
2004, section 124D.095, subdivision 5.

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

Section 1.

Minnesota Statutes 2004, section 122A.33, is
amended to read:

122A.33 LICENSE AND DEGREE EXEMPTION FOR HEAD COACH.

Notwithstanding section 122A.15, subdivision 1, a school
district may employ as a head varsity coach of deleted text begin an deleted text end new text begin a cocurricular
new text end interscholastic sport at its secondary school a person who does
not have a license as head varsity coach of new text begin a cocurricular
new text end interscholastic sports and who does not have a bachelor's degree
if:

(1) in the judgment of the school board, the person has the
knowledge and experience necessary to coach the sport;

(2) can verify completion of six quarter credits, or the
equivalent, or 60 clock hours of instruction in first aid and
the care and prevention of athletic injuries; and

(3) can verify completion of a coaching methods or theory
course.

Notwithstanding section 122A.58, a person employed as a
head varsity coach under this section has an annual contract as
a coach that the school board may or may not renew as the board
sees fit.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 2.

Minnesota Statutes 2004, section 123B.35, is
amended to read:

123B.35 GENERAL POLICY.

It is the policy of the state of Minnesota that public
school education shall be free and no pupil shall be denied an
education because of economic inability to furnish educational
books and supplies necessary to complete educational
requirements necessary for graduation. Any practice leading to
suspension, coercion, exclusion, withholding of grades or
diplomas, or discriminatory action based upon nonpayment of fees
denies pupils their right to equal protection and entitled
privileges. It is recognized that school boards do have the
right to accept voluntary contributions and to make certain
charges and to establish fees in areas considered deleted text begin extra
curricular deleted text end new text begin cocurricular new text end , noncurricular or supplementary to the
requirements for the successful completion of a class or
educational program. No public school board may require, except
as authorized by sections 123B.36 and 123B.38, the payment of
fees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 3.

Minnesota Statutes 2004, section 123B.36,
subdivision 1, is amended to read:

Subdivision 1.

School boards may require fees.

(a) For
purposes of this subdivision, "home school" means a home school
as defined in sections 120A.22 and 120A.24 with five or fewer
students receiving instruction.

(b) A school board is authorized to require payment of fees
in the following areas:

(1) in any program where the resultant product, in excess
of minimum requirements and at the pupil's option, becomes the
personal property of the pupil;

(2) deleted text begin admission fees or charges for extra curricular
activities, where attendance is optional and where the admission
fees or charges a student must pay to attend or participate in
an extracurricular activity is the same for all students,
regardless of whether the student is enrolled in a public or a
home school;
deleted text end

deleted text begin (3) deleted text end a security deposit for the return of materials,
supplies, or equipment;

deleted text begin (4) deleted text end new text begin (3) new text end personal physical education and athletic equipment
and apparel, although any pupil may personally provide it if it
meets reasonable requirements and standards relating to health
and safety established by the board;

deleted text begin (5) deleted text end new text begin (4) new text end items of personal use or products that a student
has an option to purchase such as student publications, class
rings, annuals, and graduation announcements;

deleted text begin (6) deleted text end new text begin (5) new text end fees specifically permitted by any other statute,
including but not limited to section 171.05, subdivision 2;
provided (i) driver education fees do not exceed the actual cost
to the school and school district of providing driver education,
and (ii) the driver education courses are open to enrollment to
persons between the ages of 15 and 18 who reside or attend
school in the school district;

deleted text begin (7) deleted text end new text begin (6) new text end field trips considered supplementary to a district
educational program;

deleted text begin (8) deleted text end new text begin (7) new text end any authorized voluntary student health and
accident benefit plan;

deleted text begin (9) deleted text end new text begin (8) new text end for the use of musical instruments owned or rented
by the district, a reasonable rental fee not to exceed either
the rental cost to the district or the annual depreciation plus
the actual annual maintenance cost for each instrument;

deleted text begin (10) deleted text end new text begin (9) new text end transportation of pupils to and from extra
curricular activities conducted at locations other than school,
where attendance is optional;

deleted text begin (11) deleted text end new text begin (10) new text end transportation to and from school of pupils
living within two miles from school and all other transportation
services not required by law. If a district charges fees for
transportation of pupils, it must establish guidelines for that
transportation to ensure that no pupil is denied transportation
solely because of inability to pay;

deleted text begin (12) deleted text end new text begin (11) new text end motorcycle classroom education courses conducted
outside of regular school hours; provided the charge must not
exceed the actual cost of these courses to the school district;

deleted text begin (13) deleted text end new text begin (12) new text end transportation to and from postsecondary
institutions for pupils enrolled under the postsecondary
enrollment options program under section 123B.88, subdivision
22. Fees collected for this service must be reasonable and must
be used to reduce the cost of operating the route. Families who
qualify for mileage reimbursement under section 124D.09,
subdivision 22, may use their state mileage reimbursement to pay
this fee. If no fee is charged, districts must allocate costs
based on the number of pupils riding the route.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 4.

Minnesota Statutes 2004, section 123B.49,
subdivision 1, is amended to read:

Subdivision 1.

Activities outside district limits.

Whenever it appears to be beneficial and for the best interest
of the district and the pupils of the district to carry on any
school new text begin cocurricular new text end sport activities or new text begin cocurricular new text end educational
activities connected with their studies outside of the
territorial limits of the district, the board may authorize such
activities to be conducted under such rules and regulations as
the board deems sufficient. new text begin The board shall not authorize
noncurricular activities. new text end The district may pay all
necessary new text begin cocurricular new text end costs therefor including transportation
from the district funds available.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 5.

Minnesota Statutes 2004, section 123B.49,
subdivision 4, is amended to read:

Subd. 4.

Board deleted text begin control of deleted text end new text begin prohibited from offering
new text end noncurricular activities.

(a) The board deleted text begin may take charge of and
control all extracurricular deleted text end new text begin is prohibited from authorizing
noncurricular new text end activities deleted text begin of deleted text end new text begin for new text end the teachers and children of the
public schools in the district. deleted text begin Extracurricular deleted text end new text begin Noncurricular
new text end activities means all direct and personal services for pupils for
their enjoyment that are managed and operated under the guidance
of an adult or staff member. deleted text begin The board shall allow all resident
pupils receiving instruction in a home school as defined in
section 123B.36, subdivision 1, paragraph (a), to be eligible to
fully participate in extracurricular activities on the same
basis as public school students.
deleted text end

(b) deleted text begin Extracurricular deleted text end new text begin Noncurricular new text end activities have all of
the following characteristics:

(1) they are not offered for school credit nor required for
graduation;

(2) they are generally conducted outside school hours, or
if partly during school hours, at times agreed by the
participants, and approved by school authorities;

(3) the content of the activities is determined primarily
by the pupil participants under the guidance of a staff member
or other adult.

(c) deleted text begin If the board does not take charge of and control
extracurricular activities, these activities shall be
self-sustaining with all expenses, except direct salary costs
and indirect costs of the use of school facilities, met by dues,
admissions, or other student fund-raising events. The general
fund must reflect only those salaries directly related to and
readily identified with the activity and paid by public funds.
Other revenues and expenditures for extra curricular activities
must be recorded according to the "Manual of Instruction for
Uniform Student Activities Accounting for Minnesota School
Districts and Area Vocational-Technical Colleges."
Extracurricular activities not under board control must have an
annual financial audit and must also be audited annually for
compliance with this section.
deleted text end

deleted text begin (d) If the board takes charge of and controls
extracurricular activities, any or all costs of these activities
may be provided from school revenues and all revenues and
expenditures for these activities shall be recorded in the same
manner as other revenues and expenditures of the district.
deleted text end

deleted text begin (e) If the board takes charge of and controls
extracurricular activities, the teachers or pupils in the
district must not participate in such activity, nor shall the
school name or any allied name be used in connection therewith,
except by consent and direction of the board deleted text end new text begin Noncurricular
activities do not include intramural sports programs that
involve team and individual athletic and fine arts activities,
tournaments, meets, and other events that are limited to
participants and teams within a school and that remain under the
direction and sponsorship of the school.
new text end

new text begin (d) A school board is prohibited from spending any general
fund revenue on noncurricular activities new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 6.

Minnesota Statutes 2004, section 123B.51, is
amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Lease for noncurricular services. new text end

new text begin (a) To the
extent possible, for any part of the day outside of the regular
school day, the board shall lease school district athletic
fields, gymnasium space, and other school space needed for
noncurricular activities under section 123B.49, subdivision 4,
paragraphs (b) and (c), to a local unit of government providing
league-sponsored athletic and fine arts noncurricular activities
under chapter 128C before committing those spaces for other uses.
new text end

new text begin (b) In districts with outstanding bonds, the net proceeds
of the lease must be first deposited in the debt retirement fund
of the district in an amount sufficient to meet when due that
percentage of the principal and interest payments for
outstanding bonds that is ascribable to the payment of expenses
necessary and incidental to the construction or purchase of the
particular building or property that is leased. Any remaining
net proceeds in these districts may be deposited in either the
debt redemption fund or operating capital account. All net
proceeds of the lease in districts without outstanding bonds
shall be deposited in the operating capital account of the
district.
new text end

new text begin (c) The board may make capital improvements to the real
property, not exceeding in cost the replacement value of the
property, to facilitate its rental, and the lease of the
improved property, or part of it, shall provide for rentals
which will recover the cost of the improvements over the initial
term of the lease. Notwithstanding paragraph (b), the portion
of the rentals representing the cost of the improvements shall
be deposited in the operating capital account of the district
and the balance of the rentals shall be used as provided in
paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 7.

Minnesota Statutes 2004, section 123B.51,
subdivision 4, is amended to read:

Subd. 4.

Lease for nonschool purpose.

(a) new text begin After meeting
the obligations in subdivision 3, new text end the board may lease to any
person, business, or organization real property that is not
needed for school purposes, or part of the property that is not
needed for school purposes if the board determines that leasing
part of the property does not interfere with the educational
programs taking place on the property. The board may charge and
collect reasonable consideration for the lease and may determine
the terms and conditions of the lease.

(b) In districts with outstanding bonds, the net proceeds
of the lease must be first deposited in the debt retirement fund
of the district in an amount sufficient to meet when due that
percentage of the principal and interest payments for
outstanding bonds that is ascribable to the payment of expenses
necessary and incidental to the construction or purchase of the
particular building or property that is leased. Any remaining
net proceeds in these districts may be deposited in either the
debt redemption fund or operating capital account. All net
proceeds of the lease in districts without outstanding bonds
shall be deposited in the operating capital account of the
district.

(c) The board may make capital improvements to the real
property, not exceeding in cost the replacement value of the
property, to facilitate its rental, and the lease of the
improved property, or part of it, shall provide for rentals
which will recover the cost of the improvements over the initial
term of the lease. Notwithstanding paragraph (b), the portion
of the rentals representing the cost of the improvements shall
be deposited in the operating capital account of the district
and the balance of the rentals shall be used as provided in
paragraph (b).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 8.

Minnesota Statutes 2004, section 124D.61, is
amended to read:

124D.61 GENERAL REQUIREMENTS FOR PROGRAMS.

A district which receives aid pursuant to section 124D.65
must comply with the following program requirements:

(1) to the extent possible, the district must avoid
isolating children of limited English proficiency for a
substantial part of the school day; and

(2) in predominantly nonverbal subjects, such as art,
music, and physical education, pupils of limited English
proficiency shall be permitted to participate fully and on an
equal basis with their contemporaries in public school classes
provided for these subjects. To the extent possible, the
district must assure to pupils enrolled in a program for limited
English proficient students an equal and meaningful opportunity
to participate fully with other pupils in all deleted text begin extracurricular
deleted text end new text begin cocurricular new text end activities.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 9.

Minnesota Statutes 2004, section 124D.74,
subdivision 6, is amended to read:

Subd. 6.

Nonverbal courses new text begin , cocurricular new text end and
extracurricular activities.

In predominantly nonverbal
subjects, such as art, music, and physical education, American
Indian children shall participate fully and on an equal basis
with their contemporaries in school classes provided for these
subjects. Every school district or participating school shall
ensure to children enrolled in American Indian education
programs an equal and meaningful opportunity to participate
fully with other children in all deleted text begin extracurricular deleted text end new text begin cocurricular
new text end activities. This subdivision shall not be construed to prohibit
instruction in nonverbal subjects or new text begin cocurricular or
new text end extracurricular activities which relate to the cultural heritage
of the American Indian children, or which are otherwise
necessary to accomplish the objectives described in sections
124D.71 to 124D.82.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 10.

Minnesota Statutes 2004, section 128C.01, is
amended to read:

128C.01 FORM, MAKEUP, DELEGATED POWER, BOARD MEMBERS.

Subdivision 1.

Voluntary association.

The Minnesota
State High School League is a nonprofit corporation that is a
voluntary association of deleted text begin high schools deleted text end new text begin local governments new text end . A deleted text begin high
school that is a school under section 120A.22, subdivision
4, deleted text end new text begin statutory or home rule charter city, county, or town new text end may new text begin by
resolution new text end be a member of the league. deleted text begin The league is made up of
high schools whose governing boards have delegated their control
of extracurricular activities, as described in section 123B.49,
subdivision 4, to the league. The delegation is made when the
governing board files a certificate of delegation with the
commissioner of education. deleted text end new text begin The governing board of a local
government that is a member of the league may elect to designate
geographical subdivisions within the boundaries of the local
government for purposes of providing multiple opportunities for
resident high school age children to participate in
league-sponsored athletics and fine arts noncurricular
activities.
new text end

Subd. 2.

Power to deleted text begin delegate to, pay for, league deleted text end new text begin levy,
spend money on league activities new text end .

deleted text begin The governing board of a high
school may delegate its control of extracurricular activities to
the league. deleted text end A deleted text begin school board deleted text end new text begin local government new text end may new text begin levy an annual
tax on all taxable property within its boundaries to pay for
league-sponsored athletic and fine arts activities in which the
local government participates. A local government may spend any
funds available to it to provide athletic and fine arts
noncurricular activities for high school age residents. A local
government also may new text end spend money for, and pay dues to, the league.

Subd. 3.

League power to control.

new text begin Consistent with new text end the
State High School League new text begin bylaws, the league new text end may deleted text begin control deleted text end new text begin sponsor
new text end contests new text begin in athletic and fine arts noncurricular activities new text end by
and between deleted text begin pupils of the Minnesota high schools that are
delegated to it under this section deleted text end new text begin high school age participants
residing in counties, cities, and towns that are members of the
league new text end .

Subd. 4.

new text begin membership; new text end board.

(a) new text begin Each member local
government must select a resident to represent the local
government in the league. The selected representative serves at
the pleasure of the governing body. The governing body may pay
the selected representative per diem and must reimburse the
representative for actual and reasonable expenses.
new text end

new text begin (b) new text end The league must have a 20-member governing board new text begin ,
appointed as follows new text end .

(1) The governor must appoint four members according to
section 15.0597. Each of the four appointees must be a
parent new text begin of a high school age child participating in an athletic
or fine arts noncurricular activity sponsored by the league at
the time of the initial appointment new text end . At least one deleted text begin of
them deleted text end new text begin member the governor appoints new text end must be an American Indian, an
Asian, a Black, or a Hispanic. new text begin The terms, compensation, removal
of members, and the filling of membership vacancies under this
paragraph are governed by section 15.0575. As provided by
section 15.0575, a member who is a full-time state employee or
full-time employee of a political subdivision of the state may
not receive per diem payment for service on the board.
new text end

(2) deleted text begin The Minnesota Association of Secondary School
Principals must appoint two of its members.
deleted text end

deleted text begin (3) deleted text end The remaining deleted text begin 14 deleted text end new text begin 16 new text end members must be selected according
to league bylaws new text begin from among the representatives of local
governments participating in league-sponsored activities new text end .

deleted text begin (b) The terms, compensation, removal of members, and the
filling of membership vacancies are governed by section 15.0575,
except that the four-year terms begin on August 1 and end on
July 31. As provided by section 15.0575, members who are
full-time state employees or full-time employees of school
districts or other political subdivisions of the state may not
receive any per diem payment for service on the board.
deleted text end

new text begin Subd. 6. new text end

new text begin Facility contracts; leasing. new text end

new text begin A member local
government may enter into contracts and lease agreements to use
school facilities for league purposes.
new text end

new text begin Subd. 7. new text end

new text begin Cooperation; joint powers. new text end

new text begin A local government
is strongly encouraged to cooperate with the league and other
local government members to provide multiple opportunities for
resident high school age children to participate in athletic and
fine arts noncurricular activities. A local government member
of the league may enter into a joint powers agreement for these
purposes.
new text end

new text begin Subd. 8. new text end

new text begin Fees; accounting and distribution. new text end

new text begin (a) A local
government may charge fees to cover the local government's costs
in providing league-supervised athletic and fine arts
noncurricular activities. Fee revenues must be accounted for
separately from other local government revenues.
new text end

new text begin (b) To offset tournament-related expenses that
participating local government members incur, the league must
adopt a reimbursement formula to disburse to participating local
government members the revenue it generates from tournament
ticket sales, broadcast fee rights, and other tournament-related
income after the league's reasonable administrative costs are
deducted.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 11.

Minnesota Statutes 2004, section 128C.02, is
amended to read:

128C.02 DUTIES, POLICIES, CRITERIA, RULES OF BOARD.

Subdivision 1.

Decisions, policies, advisory committees.

The board shall establish and adopt policies, including a policy
on corporate sponsorships new text begin and contributions new text end and similar
agreements, make decisions on behalf of the league, and
establish advisory committees necessary to carry out board
functions.

Subd. 2.

Sexual harassment and violence; hazing.

The
board of the league shall adopt a policy, rules, penalties, and
recommendations addressing sexual harassment and sexual violence
and hazing toward and by participants in league activities.

Subd. 3.

Criteria for conference arrangements.

The board
must develop criteria for the league to use when it is asked to
arrange for membership in deleted text begin an interscholastic conference deleted text end new text begin a
competitive region new text end by a league member under section 128C.07.
The league must give notice and an opportunity for league
members to be heard before adopting the criteria. The criteria
must include, at least, the distance to be traveled by new text begin the
participants representing new text end competing deleted text begin schools deleted text end new text begin local government
members new text end , the relative deleted text begin enrollments deleted text end new text begin number new text end of deleted text begin the schools
deleted text end new text begin participants representing a local government new text end , and the
comparability of deleted text begin extracurricular deleted text end new text begin noncurricular new text end activities deleted text begin in
deleted text end new text begin available through new text end the deleted text begin schools deleted text end new text begin a local government member new text end .

Subd. 4.

Rules are apa exempt.

The rules of the league
are exempt from chapter 14, including section 14.386.

Subd. 5.

Rules for open enrollees.

The league shall
adopt league rules and regulations governing the athletic new text begin and
fine arts new text end participation of deleted text begin pupils attending school in a
nonresident district deleted text end new text begin resident high school age children
representing a local government new text end under section 124D.03.

Subd. 6.

Annual report.

The board annually shall prepare
a written report containing the information about the league
that the commissioner deleted text begin is required to deleted text end new text begin must new text end obtain and review
under section 128C.20. The board shall present copies of the
report in a timely manner to the deleted text begin education committees of the
legislature deleted text end new text begin legislative committees with jurisdiction over local
government and local government finance new text end .

Subd. 7.

Women referees.

The league shall adopt league
rules and policy requiring, to the extent possible, the equal
employment of women as referees for deleted text begin high school deleted text end new text begin fine arts
new text end activities and sports contests, from game new text begin or local new text end level to
tournament level.

deleted text begin Subd. 9. deleted text end

deleted text begin Purchasing. deleted text end

deleted text begin In purchasing goods and services,
the league must follow all laws that apply to school districts
under sections 123B.52 and 471.345.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 12.

Minnesota Statutes 2004, section 128C.03, is
amended to read:

128C.03 PROCEDURES.

The league shall adopt procedures to ensure public notice
of all eligibility rules and policies that will afford the
opportunity for public hearings on proposed eligibility rules.
If requested by 100 or more parents or guardians of
deleted text begin students deleted text end new text begin participants representing local governments that are
league members new text end , the public hearing must be conducted by an
administrative law judge from the Office of Administrative
Hearings, by a person hired under contract by the Office of
Administrative Hearings, or by an independent hearing officer
appointed by the commissioner of education from a list
maintained for that purpose. At the conclusion of a hearing
requested by 100 or more parents or guardians of deleted text begin students
deleted text end new text begin participants representing local governments that are league
members new text end , the person conducting the hearing shall write a report
evaluating the extent to which the league has shown that the
proposed rule is needed and reasonable and the legality of the
proposed rule. The league shall pay for hearings under this
section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 13.

Minnesota Statutes 2004, section 128C.05, is
amended to read:

128C.05 TOURNAMENTS, CLASSES OF ATHLETIC COMPETITION.

Subdivision 1.

Tournaments.

The Minnesota State High
School League shall establish, conduct, and regulate
championship deleted text begin high school tournament activities deleted text end new text begin fine arts and
athletic tournaments under this chapter new text end .

Subd. 2.

Classes.

The league shall determine the number
of deleted text begin classes in all interscholastic deleted text end new text begin opportunities for new text end athletic new text begin and
fine arts new text end activities under its jurisdiction.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 14.

Minnesota Statutes 2004, section 128C.07, is
amended to read:

128C.07 ARRANGING INTERSCHOLASTIC CONFERENCE MEMBERSHIP new text begin ;
RESOLVING DISPUTES new text end .

Subdivision 1.

Policy.

new text begin (a) new text end The league may establish a
policy to guide deleted text begin member high schools deleted text end new text begin local government members new text end in
forming or altering deleted text begin interscholastic deleted text end new text begin interregional new text end conferences.

new text begin (b) The league, in consultation with the League of
Minnesota Cities and the Minnesota Association of Townships,
jointly must develop and publish a process for reaching
agreements and resolving disputes about interregional
conferences, the forming or interpreting of joint powers
agreements under section 128C.01, subdivision 7, the transfer of
personal property between school districts and local government
members under section 471.85 for purposes of providing athletic
and fine arts noncurricular activities, or other matters related
to providing noncurricular activities under this chapter.
new text end

Subd. 1a.

Request.

A league member deleted text begin high school deleted text end that is
not in a conference may ask the league to arrange membership for
the league member in an deleted text begin interscholastic deleted text end new text begin interregional new text end conference.

Subd. 2.

Reason not in conference.

The reason the member
is not in a conference must be: (1) the conference was
dissolved, or (2) the member was involuntarily excluded.

Subd. 3.

Prerequisite: 180-day good faith effort.

Before asking the league to arrange membership, the deleted text begin school deleted text end new text begin local
government new text end must make a good faith attempt over at least 180 days
to join a conference. The 180 days run from the date of
the deleted text begin school's deleted text end new text begin local government's new text end first written request to join or
rejoin a conference.

Subd. 4.

League deadline: 90 days.

The league must
arrange the conference membership within 90 days after receiving
a timely written request from a league member deleted text begin high school deleted text end .

Subd. 5.

Must use criteria.

The league must follow its
criteria in arranging the conference membership.

Subd. 6.

Right to hearing, notice.

(a) The
requesting deleted text begin school or a high school deleted text end new text begin local government new text end already in
the conference that is the subject of the proposed arrangement
may request a timely public hearing on the proposed arrangement.

(b) The league must notify the deleted text begin schools deleted text end new text begin local governments
new text end mentioned in paragraph (a) of the right to a hearing.

Subd. 7.

Decision is binding.

The league's final
decision on a matter of conference membership under this section
is binding on all of the deleted text begin schools deleted text end new text begin local governments new text end required to
be notified of the right to a hearing.

Subd. 8.

Otherwise, conferences are voluntary.

Except to
the extent the league arranges conference membership under this
section, deleted text begin an interscholastic deleted text end new text begin a new text end conference of deleted text begin schools deleted text end new text begin local
governments new text end participating in activities delegated to the league
may be formed and changed freely.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 15.

Minnesota Statutes 2004, section 128C.08, is
amended to read:

128C.08 ASSAULTING A SPORTS OFFICIAL PROHIBITED.

Subdivision 1.

Definitions.

For the purposes of this
section, the following terms have the meaning given in this
subdivision.

"Assault" is (1) an act done with intent to cause fear in
another of immediate bodily harm or death, or (2) the infliction
of or attempt to inflict bodily harm upon another.

"Sports official" is a person who serves as an umpire,
referee, judge, linesperson, timer, scorekeeper, or in another
similar capacity for deleted text begin an interscholastic deleted text end new text begin a league-sponsored
new text end athletic activity.

deleted text begin "Interscholastic athletic activity" or "activity" means an
interscholastic athletic activity whose control, supervision,
and regulation have been delegated to the Minnesota State High
School League pursuant to section 128C.01.
deleted text end

Subd. 2.

Prohibited conduct.

Any person who assaults a
sports official in connection with deleted text begin an interscholastic deleted text end new text begin a
league-sponsored new text end athletic activity may be excluded from
attending an activity for up to 12 months.

Subd. 3.

Sanction.

The board of directors of the
Minnesota State High School League or a deleted text begin school board deleted text end new text begin local
government new text end may exclude any person except as provided in
subdivision 5.

The board of directors of the Minnesota State High School
League may exclude a person from:

(1) any activity of the kind in connection with which the
assault occurred; or

(2) all deleted text begin interscholastic deleted text end new text begin league-sponsored new text end athletic
activities.

A deleted text begin school board deleted text end new text begin local government new text end may exclude a person from
any new text begin league-sponsored new text end activity deleted text begin sponsored or participated in by
the school district deleted text end new text begin in which the local government participates new text end .

Subd. 4.

Procedure.

The board of directors of the
Minnesota State High School League or a deleted text begin school board deleted text end new text begin local
government new text end may exclude a person from any deleted text begin interscholastic
deleted text end athletic activity if the person assaulted a sports official in
connection with an activity. A person alleged to have assaulted
a sports official shall be entitled to an informal hearing on
the matter by the board of directors of the Minnesota State High
School League or deleted text begin school board deleted text end new text begin local government new text end . Upon finding
that the person assaulted a sports official, the board of
directors of the Minnesota State High School League or deleted text begin school
deleted text end new text begin governing new text end board new text begin of the local government new text end shall notify the
individual in writing and shall indicate any activity from
which, and the period of time for which, the person is excluded.

Subd. 5.

Head varsity coach.

A head varsity coach may be
excluded under this section only by the deleted text begin school deleted text end new text begin governing new text end board
employing the coach.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 16.

Minnesota Statutes 2004, section 275.70,
subdivision 5, is amended to read:

Subd. 5.

Special levies.

"Special levies" means those
portions of ad valorem taxes levied by a local governmental unit
for the following purposes or in the following manner:

(1) to pay the costs of the principal and interest on
bonded indebtedness or to reimburse for the amount of liquor
store revenues used to pay the principal and interest due on
municipal liquor store bonds in the year preceding the year for
which the levy limit is calculated;

(2) to pay the costs of principal and interest on
certificates of indebtedness issued for any corporate purpose
except for the following:

(i) tax anticipation or aid anticipation certificates of
indebtedness;

(ii) certificates of indebtedness issued under sections
298.28 and 298.282;

(iii) certificates of indebtedness used to fund current
expenses or to pay the costs of extraordinary expenditures that
result from a public emergency; or

(iv) certificates of indebtedness used to fund an
insufficiency in tax receipts or an insufficiency in other
revenue sources;

(3) to provide for the bonded indebtedness portion of
payments made to another political subdivision of the state of
Minnesota;

(4) to fund payments made to the Minnesota State Armory
Building Commission under section 193.145, subdivision 2, to
retire the principal and interest on armory construction bonds;

(5) property taxes approved by voters which are levied
against the referendum market value as provided under section
275.61;

(6) to fund matching requirements needed to qualify for
federal or state grants or programs to the extent that either
(i) the matching requirement exceeds the matching requirement in
calendar year 2001, or (ii) it is a new matching requirement
that did not exist prior to 2002;

(7) to pay the expenses reasonably and necessarily incurred
in preparing for or repairing the effects of natural disaster
including the occurrence or threat of widespread or severe
damage, injury, or loss of life or property resulting from
natural causes, in accordance with standards formulated by the
Emergency Services Division of the state Department of Public
Safety, as allowed by the commissioner of revenue under section
275.74, subdivision 2;

(8) pay amounts required to correct an error in the levy
certified to the county auditor by a city or county in a levy
year, but only to the extent that when added to the preceding
year's levy it is not in excess of an applicable statutory,
special law or charter limitation, or the limitation imposed on
the governmental subdivision by sections 275.70 to 275.74 in the
preceding levy year;

(9) to pay an abatement under section 469.1815;

(10) to pay any costs attributable to increases in the
employer contribution rates under chapter 353 that are effective
after June 30, 2001;

(11) to pay the operating or maintenance costs of a county
jail as authorized in section 641.01 or 641.262, or of a
correctional facility as defined in section 241.021, subdivision
1, paragraph (f), to the extent that the county can demonstrate
to the commissioner of revenue that the amount has been included
in the county budget as a direct result of a rule, minimum
requirement, minimum standard, or directive of the Department of
Corrections, or to pay the operating or maintenance costs of a
regional jail as authorized in section 641.262. For purposes of
this clause, a district court order is not a rule, minimum
requirement, minimum standard, or directive of the Department of
Corrections. If the county utilizes this special levy, except
to pay operating or maintenance costs of a new regional jail
facility under sections 641.262 to 641.264 which will not
replace an existing jail facility, any amount levied by the
county in the previous levy year for the purposes specified
under this clause and included in the county's previous year's
levy limitation computed under section 275.71, shall be deducted
from the levy limit base under section 275.71, subdivision 2,
when determining the county's current year levy limitation. The
county shall provide the necessary information to the
commissioner of revenue for making this determination;

(12) to pay for operation of a lake improvement district,
as authorized under section 103B.555. If the county utilizes
this special levy, any amount levied by the county in the
previous levy year for the purposes specified under this clause
and included in the county's previous year's levy limitation
computed under section 275.71 shall be deducted from the levy
limit base under section 275.71, subdivision 2, when determining
the county's current year levy limitation. The county shall
provide the necessary information to the commissioner of revenue
for making this determination;

(13) to repay a state or federal loan used to fund the
direct or indirect required spending by the local government due
to a state or federal transportation project or other state or
federal capital project. This authority may only be used if the
project is not a local government initiative;

(14) to pay for court administration costs as required
under section 273.1398, subdivision 4b, less the (i) county's
share of transferred fines and fees collected by the district
courts in the county for calendar year 2001 and (ii) the aid
amount certified to be paid to the county in 2004 under section
273.1398, subdivision 4c; however, for taxes levied to pay for
these costs in the year in which the court financing is
transferred to the state, the amount under this clause is
limited to the amount of aid the county is certified to receive
under section 273.1398, subdivision 4a; deleted text begin and
deleted text end

(15) to fund a police or firefighters relief association as
required under section 69.77 to the extent that the required
amount exceeds the amount levied for this purpose in 2001 new text begin ; and
new text end

new text begin (16) to fund noncurricular activities for high school age
students under section 128C.01, subdivision 2 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes
levied in 2006, payable in 2007, and thereafter in any year in
which levy limits are imposed.
new text end

Sec. 17. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In the next editions of Minnesota Statutes and Minnesota
Rules, the revisor shall substitute the name "Minnesota Youth
Fine Arts and Athletic League" for "Minnesota State High School
League" whenever the name appears in Minnesota Statutes and
Minnesota Rules in connection with the entity regulated under
Minnesota Statutes, chapter 128C.
new text end

Sec. 18. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 124D.095, subdivision 5,
is repealed July 1, 2006.
new text end