HF 3177

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; establishing single-member 
  1.3             school board election districts equal in population as 
  1.4             practicable; amending Minnesota Statutes 2000, section 
  1.5             205A.12, subdivisions 1, 2, 4, 5, 7; repealing 
  1.6             Minnesota Statutes 2000, section 205A.12, subdivision 
  1.7             3.  
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 205A.12, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [GENERAL PROVISIONS.] Any An independent 
  1.12  school district may must alter its organization into separate 
  1.13  election districts for the purpose of election of electing board 
  1.14  members by following the procedures procedure in this section. 
  1.15     [EFFECTIVE DATE.] This section is effective immediately and 
  1.16  applies to the November 2002 general election and later.  
  1.17     Sec. 2.  Minnesota Statutes 2000, section 205A.12, 
  1.18  subdivision 2, is amended to read: 
  1.19     Subd. 2.  [ELECTION.] Except in a school district located 
  1.20  wholly or partly within a city of the first class, upon 
  1.21  resolution of the board, made on its own motion or on 
  1.22  presentation of a petition substantially in the form required in 
  1.23  section 205A.13, signed by at least 50 electors of the district 
  1.24  or ten percent of the number of votes cast in the most recent 
  1.25  regular school board election, whichever is larger, the board 
  1.26  shall adopt a proposal to must divide the district into separate 
  2.1   election districts.  The proposal must designate one of the 
  2.2   following options for election of members: single-member 
  2.3   districts, from which one board member each must be elected. ; 
  2.4   multimember districts, from which two or three members each must 
  2.5   be elected; a combination of single-member and multimember 
  2.6   districts; or a combination of single-member or multimember 
  2.7   districts, or both, and election of one or more members at 
  2.8   large.  The proposal must be submitted to an election under this 
  2.9   chapter.  If the election is initiated by petition, the 
  2.10  resolution calling the election must be adopted within six 
  2.11  months after the date of receipt of the petition.  Only one 
  2.12  election within any two-year period may be held under this 
  2.13  section. 
  2.14     [EFFECTIVE DATE.] This section is effective immediately and 
  2.15  applies to the November 2002 general election and later.  
  2.16     Sec. 3.  Minnesota Statutes 2000, section 205A.12, 
  2.17  subdivision 4, is amended to read: 
  2.18     Subd. 4.  [ELECTION DISTRICT BOUNDARIES.] Each proposed 
  2.19  election district must be as equal in population as practicable 
  2.20  and must be composed of compact, contiguous territory.  The 
  2.21  district may utilize the most recent federal decennial census 
  2.22  figures available or may conduct a special census for this 
  2.23  purpose.  The board shall designate each election district by 
  2.24  number. 
  2.25     [EFFECTIVE DATE.] This section is effective immediately and 
  2.26  applies to the November 2002 general election and later.  
  2.27     Sec. 4.  Minnesota Statutes 2000, section 205A.12, 
  2.28  subdivision 5, is amended to read: 
  2.29     Subd. 5.  [BOARD ELECTIONS.] If the proposal for the 
  2.30  establishment of election districts is approved by the voters, 
  2.31  The board shall specify the election districts from which 
  2.32  vacancies shall be filled as they occur until such time as each 
  2.33  board member represents an election district.  A candidate for 
  2.34  school board in a subsequent election must file an affidavit of 
  2.35  candidacy to be elected as a school board member for the 
  2.36  election district in which the candidate resides.  If there are 
  3.1   as many election districts as there are members of the board, 
  3.2   one and only one member of the board shall be elected from each 
  3.3   election district.  In school districts where one or more board 
  3.4   members are elected by election districts, candidates must 
  3.5   indicate on the affidavit of candidacy the number of the 
  3.6   district from which they seek election or, if appropriate, that 
  3.7   they seek election from one of the offices elected at large.  If 
  3.8   the election districts have two or three members each, the terms 
  3.9   of the members must be staggered.  Each board member must be a 
  3.10  resident of the election district for which elected but the 
  3.11  creation of an election district or a change in election 
  3.12  district boundaries shall not disqualify a board member from 
  3.13  serving for the remainder of a term. 
  3.14     [EFFECTIVE DATE.] This section is effective immediately and 
  3.15  applies to the November 2002 general election and later.  
  3.16     Sec. 5.  Minnesota Statutes 2000, section 205A.12, 
  3.17  subdivision 7, is amended to read: 
  3.18     Subd. 7.  [DISSOLUTION OF ELECTION DISTRICTS.] The 
  3.19  governing body of a school district that enters into a 
  3.20  consolidation or cooperation and combination agreement may, by 
  3.21  resolution, must dissolve election districts previously 
  3.22  established as provided in under this section as part of the 
  3.23  consolidation or cooperation and combination plan if the 
  3.24  election districts are inconsistent with subdivision 2.  The 
  3.25  resolution must include a plan for the orderly transition to 
  3.26  at-large elections of school board members. 
  3.27     [EFFECTIVE DATE.] This section is effective immediately and 
  3.28  applies to the November 2002 general election and later.  
  3.29     Sec. 6.  [REPEALER.] 
  3.30     Minnesota Statutes 2000, section 205A.12, subdivision 3, is 
  3.31  repealed.  
  3.32     [EFFECTIVE DATE.] This section is effective on the date of 
  3.33  the November 2002 general election.