HF 1575

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; eliminating a 
  1.3             requirement that independent school district No. 625 
  1.4             contract with the city of Saint Paul for facilities 
  1.5             furnished by the city civil service bureau; amending 
  1.6             Laws 1965, chapter 705, section 1, subdivisions 3 and 
  1.7             4. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Laws 1965, chapter 705, section 1, subdivision 
  1.10  3, is amended to read: 
  1.11     Subd. 3.  [CONTRACTS FOR SERVICES.] The converted district 
  1.12  shall may contract with the city of Saint Paul for such 
  1.13  facilities as are furnished by the civil service bureau, and, 
  1.14  unless the board and city governing body each adopt a resolution 
  1.15  declaring that a particular function would be most more 
  1.16  efficiently and effectively handled separately, the board shall 
  1.17  contract on a pro rata cost basis with the city for such 
  1.18  facilities and services as are provided by the purchasing 
  1.19  department, comptroller, legal department, and election and 
  1.20  other services supplied by the city, provided, however, that the 
  1.21  board may contract for other legal services when the interests 
  1.22  of the district and the city are in conflict in any legal 
  1.23  matter, and provided further that the board may contract for 
  1.24  architectural services for the planning and construction of new 
  1.25  school buildings when funds have been made available for their 
  1.26  construction of such school buildings. 
  2.1      Sec. 2.  Laws 1965, chapter 705, section 1, subdivision 4, 
  2.2   is amended to read: 
  2.3      Subd. 4.  As of July 1, 1965, the organization, operation, 
  2.4   maintenance and conduct of the affairs of the converted district 
  2.5   shall be governed by general laws relating to independent 
  2.6   districts, except as otherwise provided in Extra Session Laws 
  2.7   1959, Chapter 71, as amended, and all special laws and charter 
  2.8   provisions relating only to the converted district are 
  2.9   repealed.  Where an existing pension law is applicable to 
  2.10  employees of the special district such law shall continue to be 
  2.11  applicable in the same manner and to the same extent to 
  2.12  employees of the converted district.  General laws applicable to 
  2.13  independent school districts wholly or partly within cities of 
  2.14  the first class shall not be applicable to the converted 
  2.15  district.  The provision of the statutes applicable only to 
  2.16  teachers retirement fund associations in cities of the first 
  2.17  class, limiting the amount of annuity to be paid from public 
  2.18  funds, limiting the taxes to be levied to carry out the plan of 
  2.19  such associations, and limiting the amount of annuities to be 
  2.20  paid to beneficiaries, all as contained in Minnesota Statutes, 
  2.21  Section 135.24, shall not be applicable to such converted 
  2.22  district, but the statutes applicable to such special district 
  2.23  prior to the conversion shall continue to be applicable and the 
  2.24  pension plan in operation prior to the conversion shall continue 
  2.25  in operation until changed in accordance with law, and the 
  2.26  teacher tenure law applicable to the special district shall 
  2.27  continue to apply to the converted district in the same manner 
  2.28  and to the same extent to teachers in the converted district; 
  2.29  provided further, where existing civil service provisions of any 
  2.30  law or charter are applicable to special district employees, 
  2.31  such provision shall may continue to be applicable in the same 
  2.32  manner and to the same extent to employees of the converted 
  2.33  district, at such time as the board and city governing body each 
  2.34  adopt a resolution declaring that civil service bureau (city 
  2.35  human resources department) functions would be more efficiently 
  2.36  and effectively administered separately in each jurisdiction.  
  3.1   Notwithstanding any contrary provision of Extra Session Laws 
  3.2   1959, Chapter 71, as amended, if there was in the special 
  3.3   district a teachers retirement fund association operating and 
  3.4   existing under the provisions of Laws 1909, Chapter 343, and all 
  3.5   acts amendatory thereof, then such teachers retirement fund 
  3.6   association shall continue to exist and operate in the converted 
  3.7   district under and to be subject to the provisions of Laws 1909, 
  3.8   Chapter 343, and all acts amendatory thereof, to the same extent 
  3.9   and in the same manner as before the conversion, and, without 
  3.10  limiting the generality of the foregoing, such teachers 
  3.11  retirement fund association shall continue, after the conversion 
  3.12  as before the conversion, to certify to the same authorities the 
  3.13  amount necessary to raise by taxation in order to carry out its 
  3.14  retirement plan, and it shall continue, after the conversion as 
  3.15  before the conversion, to be the duty of said authorities to 
  3.16  include in the tax levy for the ensuing year a tax in addition 
  3.17  to all other taxes sufficient to produce so much of the sums so 
  3.18  certified as said authorities shall approve, and such teachers 
  3.19  retirement fund association shall not be subject after the 
  3.20  conversion to any limitation on payments to any beneficiary from 
  3.21  public funds or on taxes to be levied to carry out the plan of 
  3.22  such association to which it was not subject before the 
  3.23  conversion. 
  3.24     Sec. 3.  [EFFECTIVE DATE.] 
  3.25     Section 1 is effective July 1, 1997, if the governing body 
  3.26  of the city of Saint Paul and the governing body of independent 
  3.27  school district No. 625 have approved it and complied with 
  3.28  Minnesota Statutes, section 645.021, subdivision 3, before 
  3.29  January 1, 1996.  Section 1 does not abrogate language in 
  3.30  bargaining unit agreements in existence on March 31, 1995, that 
  3.31  references city of St. Paul civil service rules.