HF 1229

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

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 the applicable provisions in 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) 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) 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) 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