HF 1720

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to education; clarifying which schools the 
  1.3             governor may close without affecting the schools' 
  1.4             state aid; amending Minnesota Statutes 1996, sections 
  1.5             12.21, subdivision 3; and 120.05, subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 12.21, 
  1.8   subdivision 3, is amended to read: 
  1.9      Subd. 3.  [SPECIFIC AUTHORITY.] In performing duties under 
  1.10  this chapter and to effect its policy and purpose, the governor 
  1.11  may: 
  1.12     (1) make, amend, and rescind the necessary orders and rules 
  1.13  to carry out the provisions of this chapter and section 216C.15 
  1.14  within the limits of the authority conferred by this section, 
  1.15  with due consideration of the plans of the federal government 
  1.16  and without complying with sections 14.001 to 14.69, but no 
  1.17  order or rule has the effect of law except as provided by 
  1.18  section 12.32; 
  1.19     (2) ensure that a comprehensive emergency operations plan 
  1.20  and emergency management program for this state are developed 
  1.21  and maintained, and are integrated into and coordinated with the 
  1.22  emergency plans of the federal government and of other states to 
  1.23  the fullest possible extent; 
  1.24     (3) in accordance with the emergency operations plan and 
  1.25  the emergency management program of this state, procure supplies 
  2.1   and equipment, institute training programs and public 
  2.2   information programs, and take all other preparatory steps, 
  2.3   including the partial or full activation of emergency management 
  2.4   organizations in advance of actual disaster to ensure the 
  2.5   furnishing of adequately trained and equipped forces of 
  2.6   emergency management personnel in time of need; 
  2.7      (4) make studies and surveys of the industries, resources, 
  2.8   and facilities in this state as may be necessary to ascertain 
  2.9   the capabilities of the state for emergency management and to 
  2.10  plan for the most efficient emergency use of those industries, 
  2.11  resources, and facilities; 
  2.12     (5) on behalf of this state, enter into mutual aid 
  2.13  arrangements or cooperative agreements with other states and 
  2.14  with Canadian provinces, and coordinate mutual aid plans between 
  2.15  political subdivisions of this state; 
  2.16     (6) delegate administrative authority vested in the 
  2.17  governor under this chapter, except the power to make rules, and 
  2.18  provide for the subdelegation of that authority; 
  2.19     (7) cooperate with the president and the heads of the armed 
  2.20  forces, the emergency management agency of the United States and 
  2.21  other appropriate federal officers and agencies, and with the 
  2.22  officers and agencies of other states in matters pertaining to 
  2.23  the emergency management of the state and nation, including the 
  2.24  direction or control of: 
  2.25     (i) emergency preparedness drills and exercises; 
  2.26     (ii) warnings and signals for drills or actual emergencies 
  2.27  and the mechanical devices to be used in connection with them; 
  2.28     (iii) shutting off water mains, gas mains, electric power 
  2.29  connections and the suspension of all other utility services; 
  2.30     (iv) the conduct of persons in the state and the movement 
  2.31  and cessation of movement of pedestrians and vehicular traffic 
  2.32  during, prior, and subsequent to drills or actual emergencies; 
  2.33     (v) public meetings or gatherings; and 
  2.34     (vi) the evacuation, reception, and sheltering of persons; 
  2.35     (8) contribute to a political subdivision, within the 
  2.36  limits of the appropriation for that purpose, not more than 25 
  3.1   percent of the cost of acquiring organizational equipment that 
  3.2   meets standards established by the governor; 
  3.3      (9) formulate and execute, with the approval of the 
  3.4   executive council, plans and rules for the control of traffic in 
  3.5   order to provide for the rapid and safe movement over public 
  3.6   highways and streets of troops, vehicles of a military nature, 
  3.7   materials for national defense and war or for use in any war 
  3.8   industry, for the conservation of critical materials or for 
  3.9   emergency management purposes, and coordinate the activities of 
  3.10  the departments or agencies of the state and its political 
  3.11  subdivisions concerned directly or indirectly with public 
  3.12  highways and streets, in a manner that will best effectuate 
  3.13  those plans; 
  3.14     (10) alter or adjust by executive order, without complying 
  3.15  with sections 14.01 to 14.69, the working hours, work days and 
  3.16  work week of, and annual and sick leave provisions and payroll 
  3.17  laws regarding all state employees in the executive branch as 
  3.18  the governor deems necessary to minimize the impact of the 
  3.19  disaster or emergency, conforming the alterations or adjustments 
  3.20  to existing state laws, rules, and collective bargaining 
  3.21  agreements to the extent practicable; 
  3.22     (11) authorize the commissioner of children, families, and 
  3.23  learning to alter school schedules, curtail school activities, 
  3.24  or order schools closed without affecting state aid to schools, 
  3.25  as defined in section 120.05, and including charter schools 
  3.26  under section 120.064.  
  3.27     Sec. 2.  Minnesota Statutes 1996, section 120.05, 
  3.28  subdivision 2, is amended to read: 
  3.29     Subd. 2.  [DEFINITIONS.] (1) Elementary school means any 
  3.30  school with building, equipment, courses of study, class 
  3.31  schedules, enrollment of pupils ordinarily in grades 1 
  3.32  prekindergarten through grade 6 or any portion thereof and staff 
  3.33  meeting the standards established by the state board of 
  3.34  education. 
  3.35     The state board of education shall not close a school or 
  3.36  deny any state aids to a district for its elementary schools 
  4.1   because of enrollment limitations classified in accordance with 
  4.2   the provisions of subdivision 2, clause (1). 
  4.3      (2) Middle school means any school other than a secondary 
  4.4   school giving an approved course of study in a minimum of three 
  4.5   consecutive grades above 4th but below 10th with building, 
  4.6   equipment, courses of study, class schedules, enrollment, and 
  4.7   staff meeting the standards established by the state board of 
  4.8   education. 
  4.9      (3) Secondary school means any school with building, 
  4.10  equipment, courses of study, class schedules, enrollment of 
  4.11  pupils ordinarily in grades 7 through 12 or any portion thereof, 
  4.12  and staff meeting the standards established by the state board 
  4.13  of education. 
  4.14     (4) A vocational center school is one serving a group of 
  4.15  secondary schools with approved areas of secondary vocational 
  4.16  training and offering vocational secondary and adult programs 
  4.17  necessary to meet local needs and meeting standards established 
  4.18  by the state board of education. 
  4.19     Sec. 3.  [EFFECTIVE DATE.] 
  4.20     Sections 1 and 2 apply to the 1997-1998 school year and 
  4.21  thereafter.