as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
|Introduction||Posted on 02/11/1998|
1.1 A bill for an act 1.2 relating to education; enhancing educational 1.3 opportunities for students attending intermediate 1.4 school district programs; appropriating money; 1.5 amending Minnesota Statutes 1996, sections 124.83, 1.6 subdivisions 3 and 4; 136D.281, subdivision 8; 1.7 136D.741, subdivision 8; and 136D.88, subdivision 8; 1.8 Minnesota Statutes 1997 Supplement, sections 120.064, 1.9 subdivision 3; 124.193, subdivision 1, and by adding a 1.10 subdivision; and 124.83, subdivisions 1 and 2; 1.11 proposing coding for new law in Minnesota Statutes, 1.12 chapter 124. 1.13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.14 Section 1. Minnesota Statutes 1997 Supplement, section 1.15 120.064, subdivision 3, is amended to read: 1.16 Subd. 3. [SPONSOR.] A school board, intermediate school 1.17 district school board, private college, community college, state 1.18 university, technical college, or the University of Minnesota 1.19 may sponsor one or more charter schools. 1.20 Sec. 2. Minnesota Statutes 1997 Supplement, section 1.21 124.193, subdivision 1, is amended to read: 1.22 Subdivision 1. [GENERAL PROHIBITION.] Unless specifically 1.23 permitted in the provision authorizing an aid or a levy, 1.24 cooperative units of government defined in section 123.35, 1.25 subdivision 19b, paragraph (d), are prohibited from making a 1.26 property tax levy or qualifying for or receiving any form of 1.27 state aid except as provided in subdivisions 2
and, 3, and 4. 1.28 Sec. 3. Minnesota Statutes 1997 Supplement, section 1.29 124.193, is amended by adding a subdivision to read: 2.1 Subd. 4. [HEALTH AND SAFETY REVENUE.] By July 15 of each 2.2 school year, a school district may, by board resolution, request 2.3 the department to make a payment of health and safety revenue to 2.4 a cooperative unit equal to the district's share of health and 2.5 safety revenue allocated to it by a cooperative unit. 2.6 Sec. 4. [124.2729] [COOPERATIVE ORGANIZATION AIDS.] 2.7 Subdivision 1. [BUILDING LEASE AID.] When a cooperative 2.8 organization, as defined in section 123.35, subdivision 19b, 2.9 finds it economically advantageous to rent or lease a building 2.10 or land for any instructional purposes and it determines that 2.11 the portion of its member school districts' total operating 2.12 capital revenue under section 124A.22, subdivision 10, allocated 2.13 to the cooperative organization is insufficient for this 2.14 purpose, it may apply to the commissioner for building lease aid 2.15 for this purpose. Criteria for aid approval and revenue uses 2.16 shall be as defined for the building lease levy in section 2.17 124.91, subdivision 1. The amount of building lease aid per 2.18 pupil unit for a cooperative organization for any year shall not 2.19 exceed the lesser of (1) 80 percent of the approved cost or (2) 2.20 the product of the pupil units served at the site for the 2.21 current school year times the sum of the state average debt 2.22 redemption fund revenue plus capital revenue, according to 2.23 section 124.91, per actual pupil unit for the current fiscal 2.24 year. 2.25 Subd. 2. [SUMMER SCHOOL PROGRAMS.] A cooperative 2.26 organization, as defined in section 123.35, subdivision 19b, may 2.27 offer summer programming. A cooperative organization's summer 2.28 school aid equals $10 times the number of pupils enrolled in 2.29 summer school programs operated by the cooperative. 2.30 Sec. 5. Minnesota Statutes 1997 Supplement, section 2.31 124.83, subdivision 1, is amended to read: 2.32 Subdivision 1. [HEALTH AND SAFETY PROGRAM.] To receive 2.33 health and safety revenue for any fiscal year a district or 2.34 cooperative unit must submit to the commissioner of children, 2.35 families, and learning an application for aid and levy by the 2.36 date determined by the commissioner. The application may be for 3.1 hazardous substance removal, fire and life safety code repairs, 3.2 labor and industry regulated facility and equipment violations, 3.3 and health, safety, and environmental management, including 3.4 indoor air quality management. The application must include a 3.5 health and safety program adopted by the school district board. 3.6 The program must include the estimated cost, per building, of 3.7 the program by fiscal year. 3.8 Sec. 6. Minnesota Statutes 1997 Supplement, section 3.9 124.83, subdivision 2, is amended to read: 3.10 Subd. 2. [CONTENTS OF PROGRAM.] A district or cooperative 3.11 unit must adopt a health and safety program. The program must 3.12 include plans, where applicable, for hazardous substance 3.13 removal, fire and life safety code repairs, regulated facility 3.14 and equipment violations, and health, safety, and environmental 3.15 management, including indoor air quality management. 3.16 (a) A hazardous substance plan must contain provisions for 3.17 the removal or encapsulation of asbestos from school buildings 3.18 or property, asbestos-related repairs, cleanup and disposal of 3.19 polychlorinated biphenyls found in school buildings or property, 3.20 and cleanup, removal, disposal, and repairs related to storing 3.21 heating fuel or transportation fuels such as alcohol, gasoline, 3.22 fuel, oil, and special fuel, as defined in section 296.01. If a 3.23 district has already developed a plan for the removal or 3.24 encapsulation of asbestos as required by the federal Asbestos 3.25 Hazard Emergency Response Act of 1986, the district may use a 3.26 summary of that plan, which includes a description and schedule 3.27 of response actions, for purposes of this section. The plan 3.28 must also contain provisions to make modifications to existing 3.29 facilities and equipment necessary to limit personal exposure to 3.30 hazardous substances, as regulated by the federal Occupational 3.31 Safety and Health Administration under Code of Federal 3.32 Regulations, title 29, part 1910, subpart Z; or is determined by 3.33 the commissioner to present a significant risk to district staff 3.34 or student health and safety as a result of foreseeable use, 3.35 handling, accidental spill, exposure, or contamination. 3.36 (b) A fire and life safety plan must contain a description 4.1 of the current fire and life safety code violations, a plan for 4.2 the removal or repair of the fire and life safety hazard, and a 4.3 description of safety preparation and awareness procedures to be 4.4 followed until the hazard is fully corrected. 4.5 (c) A facilities and equipment violation plan must contain 4.6 provisions to correct health and safety hazards as provided in 4.7 department of labor and industry standards pursuant to section 4.8 182.655. 4.9 (d) A health, safety, and environmental management plan 4.10 must contain a description of training, recordkeeping, hazard 4.11 assessment, and program management as defined in section 124.829. 4.12 (e) A plan to test for and mitigate radon produced hazards. 4.13 (f) A plan to monitor and improve indoor air quality. 4.14 Sec. 7. Minnesota Statutes 1996, section 124.83, 4.15 subdivision 3, is amended to read: 4.16 Subd. 3. [HEALTH AND SAFETY REVENUE.] A district's health 4.17 and safety revenue for a fiscal year equals: 4.18 (1) the sum of (a) the total approved cost of the 4.19 district's hazardous substance plan for fiscal years 1985 4.20 through 1989, plus (b) the total approved cost of the district's 4.21 health and safety program and its share of a cooperative unit's 4.22 health and safety program for fiscal year 1990 through the 4.23 fiscal year to which the levy is attributable, minus 4.24 (2) the sum of (a) the district's total hazardous substance 4.25 aid and levy for fiscal years 1985 through 1989 under sections 4.26 124.245 and 275.125, subdivision 11c, plus (b) the district's 4.27 health and safety revenue and its share of a cooperative unit's 4.28 health and safety revenue under this subdivision, for years 4.29 before the fiscal year to which the levy is attributable, plus 4.30 (c) the amount of other federal, state, or local receipts for 4.31 the district's hazardous substance or health and safety programs 4.32 for fiscal year 1985 through the fiscal year to which the levy 4.33 is attributable. 4.34 Sec. 8. Minnesota Statutes 1996, section 124.83, 4.35 subdivision 4, is amended to read: 4.36 Subd. 4. [HEALTH AND SAFETY LEVY.] To receive health and 5.1 safety revenue, a district may levy an amount equal to the sum 5.2 of the district's health and safety revenue and the district's 5.3 share of a cooperative unit's health and safety revenue as 5.4 defined in subdivision 3 multiplied by the lesser of one, or the 5.5 ratio of the quotient derived by dividing the adjusted net tax 5.6 capacity of the district for the year preceding the year the 5.7 levy is certified by the actual pupil units in the district for 5.8 the school year to which the levy is attributable, to $4,707.50. 5.9 Sec. 9. Minnesota Statutes 1996, section 136D.281, 5.10 subdivision 8, is amended to read: 5.11 Subd. 8. [EXPIRATION.] The intermediate school board may 5.12 not issue bonds under this section after July 1, 1994, unless 5.13 each of its member school districts has adopted a written 5.14 resolution authorizing the board to issue bonds. 5.15 Sec. 10. Minnesota Statutes 1996, section 136D.741, 5.16 subdivision 8, is amended to read: 5.17 Subd. 8. [EXPIRATION.] The intermediate school board may 5.18 not issue bonds under this section after July 1, 1994, unless 5.19 each of its member school districts has adopted a written 5.20 resolution authorizing the board to issue bonds. 5.21 Sec. 11. Minnesota Statutes 1996, section 136D.88, 5.22 subdivision 8, is amended to read: 5.23 Subd. 8. [EXPIRATION.] The intermediate school board may 5.24 not issue bonds under this section after July 1, 1994, unless 5.25 each of its member school districts has adopted a written 5.26 resolution authorizing the board to issue bonds. 5.27 Sec. 12. [APPROPRIATIONS.] 5.28 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 5.29 LEARNING.] The sums indicated in this section are appropriated 5.30 from the general fund to the department of children, families, 5.31 and learning for the fiscal years designated. 5.32 Subd. 2. [COOPERATIVE UNIT SUMMER SCHOOL.] For cooperative 5.33 unit summer school: 5.34 $....... ..... 1999 5.35 Subd. 3. [COOPERATIVE UNIT LEASE AID.] For lease aid for 5.36 cooperative units: 6.1 $....... ..... 1999 6.2 Subd. 4. [HEALTH AND SAFETY AID.] For additional health 6.3 and safety aid for cooperative units: 6.4 $....... ..... 1999 6.5 Sec. 13. [EFFECTIVE DATE.] 6.6 Sections 1 to 8 are effective for revenue for fiscal year 6.7 1999. Sections 9, 10, and 11 are effective July 1, 1998.