HF 1594

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  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 independent 
  1.4             school district No. 2170, Staples-Motley, for a new 
  1.5             school district. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [ELECTION TO DETACH LAND FOR A NEW SCHOOL 
  1.8   DISTRICT.] 
  1.9      The school board of independent school district No. 2170, 
  1.10  Staples-Motley, may, on its own motion or upon a petition signed 
  1.11  by at least 50 electors of the district or ten percent of the 
  1.12  votes cast in the most recent school board general election, 
  1.13  whichever number is larger, place on the ballot at the next 
  1.14  school district general election the question whether to detach 
  1.15  from independent school district No. 2170, Staples-Motley, all 
  1.16  of the area that comprised the Motley school district before the 
  1.17  interdistrict cooperation agreement executed by the Motley and 
  1.18  Staples school districts on December 17, 1987, and, 
  1.19  consequently, to classify that detached area as a new 
  1.20  independent school district for which the commissioner of 
  1.21  children, families, and learning must assign an identification 
  1.22  number.  If the voters approve detaching all of the area that 
  1.23  comprised the Motley school district before the interdistrict 
  1.24  cooperation agreement executed by the Motley and Staples school 
  1.25  districts on December 17, 1987, and, consequently, classifying 
  2.1   that detached area as a new independent school district for 
  2.2   which the commissioner of children, families, and learning must 
  2.3   assign an identification number, the detachment shall be 
  2.4   accomplished according to sections 2 to 5.  The question on the 
  2.5   ballot shall be presented in substantially the following form:  
  2.6   "Shall all of the area that comprised the Motley school district 
  2.7   before the interdistrict cooperation agreement executed by the 
  2.8   Motley and Staples school districts on December 17, 1987, be 
  2.9   detached from independent school district No. 2170, 
  2.10  Staples-Motley, classified as a new independent school district 
  2.11  and assigned an identification number by the commissioner of 
  2.12  children, families, and learning?" 
  2.13     [EFFECTIVE DATE.] This section is effective the day 
  2.14  following final enactment.  If the voters approve the ballot 
  2.15  question, the commissioner of children, families, and learning 
  2.16  shall classify the area that comprised the Motley school 
  2.17  district as a new independent school district and also classify 
  2.18  the area that remains after the detachment as a new independent 
  2.19  school district, assign identification numbers to both new 
  2.20  districts, and modify the records and any plats, petitions, and 
  2.21  proceedings involving the affected school districts to conform 
  2.22  with the detachment under this section. 
  2.23     Sec. 2.  [SCHOOL BOARD ELECTIONS.] 
  2.24     An election for a six-member board of directors of the 
  2.25  detached and newly reconstituted Motley school district, and an 
  2.26  election for a six-member board of directors of the newly 
  2.27  reconstituted school district composed of the area that remains 
  2.28  after the detachment shall be held according to the requirements 
  2.29  in Minnesota Statutes, chapter 205A.  The initial election for 
  2.30  the board of directors in each of the two newly reconstituted 
  2.31  independent school districts shall be conducted by resolution of 
  2.32  the board of the county in which a majority of voters in each 
  2.33  newly reconstituted school district resides.  Three of the 
  2.34  initial board members shall be elected to two-year terms and 
  2.35  three of the initial board members shall be elected to four-year 
  2.36  terms, to be determined by lot.  The terms of the board members 
  3.1   begin on the first Monday in January following their election 
  3.2   and continue until a successor is elected and qualifies.  
  3.3   Thereafter, the terms of all board members are governed by 
  3.4   Minnesota Statutes, section 123B.09. 
  3.5      [EFFECTIVE DATE.] This section is effective the day after 
  3.6   the voters approve the ballot question in section 1. 
  3.7      Sec. 3.  [TAX LIABILITY FOR EXISTING BONDED DEBT.] 
  3.8      All taxable property in the area detached under section 1 
  3.9   remains obligated for any bonded debt of independent school 
  3.10  district No. 2170, Staples-Motley, to which that property is 
  3.11  subject before September 1, 2006.  In addition, all taxable 
  3.12  property in each newly reconstituted school district is taxable 
  3.13  for payment of school district obligations authorized on or 
  3.14  after September 1, 2006, by the school board of the newly 
  3.15  reconstituted district. 
  3.16     [EFFECTIVE DATE.] This section is effective the day after 
  3.17  the voters approve the ballot question in section 1. 
  3.18     Sec. 4.  [CURRENT ASSETS AND LIABILITIES.] 
  3.19     Subdivision 1.  [DISTRIBUTION OF ASSETS.] If the voters 
  3.20  approve detachment in section 1, the commissioner of children, 
  3.21  families, and learning shall issue an order for dividing and 
  3.22  distributing the current assets and liabilities, real and 
  3.23  personal, and the legally valid and enforceable claims and 
  3.24  contractual obligations of independent school district No. 2170, 
  3.25  Staples-Motley, so that the two newly reconstituted school 
  3.26  districts can independently operate. 
  3.27     Subd. 2.  [REAL PROPERTY.] The commissioner's order under 
  3.28  subdivision 1 must transfer the real property interests of 
  3.29  independent school district No. 2170, Staples-Motley, to the 
  3.30  newly reconstituted school districts.  The commissioner must 
  3.31  determine the distribution of and the amount, if any, paid for 
  3.32  the real property.  The commissioner's order may impose in favor 
  3.33  of one newly reconstituted district a specified dollar amount as 
  3.34  a claim against the other newly reconstituted district receiving 
  3.35  real property interests under the order.  The claim must be paid 
  3.36  and enforced according to the law governing payment of judgments 
  4.1   against a school district. 
  4.2      [EFFECTIVE DATE.] This section is effective the day after 
  4.3   the voters approve the ballot question in section 1 and applies 
  4.4   to both newly reconstituted school districts.  
  4.5      Sec. 5.  [LICENSED AND NONLICENSED EMPLOYEES.] 
  4.6      (a) The obligations of both the newly reconstituted school 
  4.7   districts are governed by Minnesota Statutes, section 123A.75. 
  4.8      (b) Under the detachment under section 1, the nonlicensed 
  4.9   employees of independent school district No. 2170, 
  4.10  Staples-Motley, may apply to remain with the detached and newly 
  4.11  reconstituted Motley school district, or to move to the newly 
  4.12  reconstituted school district that composes the area that 
  4.13  remains after the detachment.  The commissioner shall assign the 
  4.14  nonlicensed employees of independent school district No. 2170, 
  4.15  Staples-Motley, to unfilled positions in the detached and newly 
  4.16  reconstituted Motley school district in order of seniority.  All 
  4.17  rights of and obligations to nonlicensed employees continue in 
  4.18  the same manner as before the effective date of the detachment 
  4.19  under section 1. 
  4.20     [EFFECTIVE DATE.] This section is effective the day after 
  4.21  the voters approve the ballot question in section 1.