1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to government efficiency; extending the 1.3 effective period of certain exemptions granted by the 1.4 board of government innovation and cooperation; 1.5 authorizing multimember school board election 1.6 districts; amending Minnesota Statutes 1994, sections 1.7 122.23, subdivisions 2 and 18; 205A.12, subdivisions 2 1.8 and 5; and 465.797, by adding a subdivision. 1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10 Section 1. Minnesota Statutes 1994, section 122.23, 1.11 subdivision 2, is amended to read: 1.12 Subd. 2. (a) Upon a resolution of a school board in the 1.13 area proposed for consolidation or upon receipt of a petition 1.14 therefor executed by 25 percent of the voters resident in the 1.15 area proposed for consolidation or by 50 such voters, whichever 1.16 is lesser, the county auditor of the county which contains the 1.17 greatest land area of the proposed new district shall forthwith 1.18 cause a plat to be prepared. The resolution or petition shall 1.19 show the approximate area proposed for consolidation. 1.20 (b) The resolution or petition may propose the following: 1.21 (1) that the bonded debt of the component districts will be 1.22 paid according to the levies previously made for that debt under 1.23 chapter 475, or that the taxable property in the newly created 1.24 district will be taxable for the payment of all or a portion of 1.25 the bonded debt previously incurred by any component district as 1.26 provided in subdivision 16; 1.27 (2) that obligations for a capital loan or an energy loan 2.1 made according to section 216C.37 or sections 298.292 to 298.298 2.2 outstanding in a preexisting district as of the effective date 2.3 of consolidation remain solely with the preexisting district 2.4 that obtained the loan, or that all or a portion of the loan 2.5 obligations will be assumed by the newly created or enlarged 2.6 district and paid by the newly created or enlarged district on 2.7 behalf of the preexisting district that obtained the loan; 2.8 (3) that referendum levies previously approved by voters of 2.9 the component districts pursuant to section 124A.03, subdivision 2.10 2, or its predecessor provision, be combined as provided in 2.11 section 122.531, subdivision 2a or 2b, or that the referendum 2.12 levies be discontinued; 2.13 (4) that the board of the newly created district consist of 2.14 the number of members determined by the component districts, 2.15 which may be six or seven members elected according to 2.16 subdivision 18, or any number of existing school board members 2.17 of the component districts, and a method to gradually reduce the 2.18 membership to six or seven; or 2.19 (5) that separate election districts from which school 2.20 board members will be elected, the boundaries of these election 2.21 districts, and the initial term of the member elected from each 2.22 of these election districts be established. 2.23 The resolution must provide for election of board members 2.24 from one of the following options: single-member districts; 2.25 multimember districts; at large; or a combination of these 2.26 options. The resolution must include a plan for the orderly 2.27 transition to the option chosen. 2.28 A group of districts that operates a cooperative secondary 2.29 facility funded under section 124.494 may also propose a 2.30 temporary school board structure as specified in section 2.31 124.494, subdivision 7. 2.32 If a county auditor receives more than one request for a 2.33 plat and the requests involve parts of identical districts, the 2.34 auditor shall forthwith prepare a plat which in the auditor's 2.35 opinion best serves the educational interests of the inhabitants 2.36 of the districts or areas affected. 3.1 (c) The plat shall show: 3.2 (1) Boundaries of the proposed district, as determined by 3.3 the county auditor, and present district boundaries, 3.4 (2) The location of school buildings in the area proposed 3.5 as a new district and the location of school buildings in 3.6 adjoining districts, 3.7 (3) The boundaries of any proposed separate election 3.8 districts, and 3.9 (4) Other pertinent information as determined by the county 3.10 auditor. 3.11 Sec. 2. Minnesota Statutes 1994, section 122.23, 3.12 subdivision 18, is amended to read: 3.13 Subd. 18. (a) The county auditor shall determine a date, 3.14 not less than
2030 nor more than 60 days from the date that the 3.15 order setting the effective date of the consolidation according 3.16 to subdivision 13 was issued, upon which date shall be held a 3.17 special election in the district for the purpose of electing a 3.18 board of six members for terms as follows: two until the July 13.19 one year after the effective date of the consolidation, two3.20 until the expiration of one year from said July 1, and two until3.21 the expiration of two years from said July 1, to hold officeof 3.22 four years and until a successor is elected and qualifies 3.23 according to provisions of law governing the election of board 3.24 members in independent districts. If the resolution or petition3.25 for consolidation pursuant to subdivision 2 proposed that the3.26 board of the newly created district consists of seven members,3.27 then seven members shall be elected at this election for the3.28 terms provided in this clause except that three members shall3.29 hold office until the expiration of two years from said July 1.3.30 Notwithstanding the foregoing, three members of the first board 3.31 must be elected to terms that expire on the first Monday in 3.32 January following the first regularly scheduled school district 3.33 general election that occurs more than six months after the 3.34 election of the first board and three members must be elected to 3.35 terms that expire on the first Monday in January following the 3.36 second school district general election that occurs more than 4.1 six months after the election of the first board. If the first 4.2 board consists of seven members, then four members may be 4.3 elected at either the first or second regularly scheduled school 4.4 district general election following the election of the first 4.5 board. If the resolution or petition for consolidation pursuant 4.6 to subdivision 2 proposed the establishment of separate election 4.7 districts, these members shall be elected from separate election 4.8 districts according to the provisions of that resolution or 4.9 petition and of chapter 205A. 4.10 (b) The county auditor shall give ten days' posted notice 4.11 of election in the area in which the election is to be held and 4.12 also if there be a newspaper published in the proposed new 4.13 district, one weeks' published notice shall be given. The 4.14 notice shall specify the time, place, and purpose of the 4.15 election. 4.16 (c) Any person desiring to be a candidate for a school 4.17 election shall file an application with the county auditor to 4.18 have the applicant's name placed on the ballot for such office, 4.19 specifying the term for which the application is made. The 4.20 application shall be filed not less than 1221 days before the 4.21 election. 4.22 (d) The county auditor shall prepare, at the expense of the 4.23 county, necessary ballots for the election of officers, placing 4.24 thereon the names of the proposed candidates for each office. 4.25 The ballots shall be marked and signed as official ballots and 4.26 shall be used exclusively at the election. The county auditor 4.27 shall determine the number of voting precincts and the 4.28 boundaries of each. The county auditor shall determine the 4.29 location of polling places and the hours the polls shall be open 4.30 and shall appoint three election judges for each polling place 4.31 who shall act as clerks of election. Election judges shall 4.32 certify ballots and results to the county auditor for tabulation 4.33 and canvass. 4.34 (e) After making a canvass and tabulation, the county 4.35 auditor shall issue a certificate of election to the candidate 4.36 for each office who received the largest number of votes cast 5.1 for the office. The county auditor shall deliver such 5.2 certificate to the person entitled thereto by certified mail, 5.3 and each person so certified shall file an acceptance and oath 5.4 of office with the county auditor within 30 days of the date of 5.5 mailing of the certificate. A person who fails to qualify prior 5.6 to the time specified shall be deemed to have refused to serve, 5.7 but such filing may be made at any time before action to fill 5.8 vacancy has been taken. 5.9 (f) The board of each district included in the new enlarged 5.10 district shall continue to maintain school therein until the 5.11 effective date of the consolidation. Such boards shall have 5.12 power and authority only to make such contracts, to do such 5.13 things as are necessary to maintain properly the schools for the 5.14 period prior to that date, and to certify to the county auditor 5.15 according to levy limitations applicable to the component 5.16 districts the taxes collectible in the calendar year when the 5.17 consolidation becomes effective. 5.18 (g) It shall be the immediate duty of the newly elected 5.19 board of the new enlarged district, when the members thereof 5.20 have qualified and the board has been organized, to plan for the 5.21 maintenance of the school or schools of the new district for the 5.22 next school year, to enter into the necessary negotiations and 5.23 contracts for the employment of personnel, purchase of equipment 5.24 and supplies, and other acquisition and betterment purposes, 5.25 when authorized by the voters to issue bonds under the 5.26 provisions of chapter 475; and on the effective date of the 5.27 consolidation to assume the full duties of the care, management 5.28 and control of the new enlarged district. The board of the new 5.29 enlarged district shall give due consideration to the 5.30 feasibility of maintaining such existing attendance centers and 5.31 of establishing such other attendance centers, especially in 5.32 rural areas, as will afford equitable and efficient school 5.33 administration and assure the convenience and welfare of the 5.34 pupils residing in the enlarged district. The obligations of 5.35 the new board to teachers employed by component districts shall 5.36 be governed by the provisions of section 122.532. The 6.1 obligations of the new board to nonlicensed employees employed 6.2 by component districts is governed by subdivision 18a. 6.3 Sec. 3. Minnesota Statutes 1994, section 205A.12, 6.4 subdivision 2, is amended to read: 6.5 Subd. 2. [ELECTION.] Except in a school district located 6.6 wholly or partly within a city of the first class, upon 6.7 resolution of the board, made on its own motion or on 6.8 presentation of a petition substantially in the form required in 6.9 section 205A.13, signed by at least 50 electors of the district 6.10 or ten percent of the number of votes cast in the most recent 6.11 regular school board election, whichever is larger, the board 6.12 shall adopt a proposal to divide the district into as many6.13 separate election districts as there are members of the board,6.14 which. The proposal must designate one of the following options 6.15 for election of members: single-member districts, from which 6.16 one board member each must be elected; multimember districts, 6.17 from which two or three members each must be elected; a 6.18 combination of single-member and multimember districts; or a 6.19 combination of single-member or multimember districts, or both, 6.20 and election of one or more members at large. The proposal must 6.21 be submitted to an election under this chapter. If the election 6.22 is initiated by petition, the resolution calling the election 6.23 must be adopted within six months after the date of receipt of 6.24 the petition. Only one election within any two-year period may 6.25 be held under this section. 6.26 Sec. 4. Minnesota Statutes 1994, section 205A.12, 6.27 subdivision 5, is amended to read: 6.28 Subd. 5. [BOARD ELECTIONS.] If the proposal for the 6.29 establishment of election districts is approved by the voters, 6.30 the board shall specify the election districts from which 6.31 vacancies shall be filled as they occur until such time as each 6.32 board member represents an election district. A candidate for 6.33 school board in a subsequent election must file an affidavit of 6.34 candidacy to be elected as a school board member for the 6.35 election district in which the candidate resides. If there are 6.36 as many election districts as there are members of the board, 7.1 one and only one member of the board shall be elected from each 7.2 election district. In school districts where one or more board 7.3 members are elected by election districts, candidates must 7.4 indicate on the affidavit of candidacy the number of the 7.5 district from which they seek election or, if appropriate, that 7.6 they seek election from one of the offices elected at large. If 7.7 the election districts have two or three members each, the terms 7.8 of the members must be staggered. Each board member must be a 7.9 resident of the election district for which elected but the 7.10 creation of an election district or a change in election 7.11 district boundaries shall not disqualify a board member from 7.12 serving for the remainder of a term. 7.13 Sec. 5. Minnesota Statutes 1994, section 465.797, is 7.14 amended by adding a subdivision to read: 7.15 Subd. 5a. [EXEMPTIONS GRANTED IN 1995.] Notwithstanding 7.16 subdivision 5, exemptions from enforcement of law granted by the 7.17 board during calendar year 1995 remain in effect until June 30, 7.18 1999. This subdivision expires June 30, 1999. 7.19 Sec. 6. [EFFECTIVE DATE.] 7.20 This act is effective the day following final enactment.