HF 3811

as introduced - 86th Legislature (2009 - 2010) Posted on 04/27/2010 10:41am

A bill for an act
relating to education; reducing mandates on school districts; creating a
moratorium on unfunded mandates; amending Minnesota Statutes 2009
Supplement, section 126C.44; Laws 2009, chapter 96, article 2, section 64;
repealing Minnesota Statutes 2008, section 123B.05.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2009 Supplement, section 126C.44, is amended to read:

126C.44 SAFE SCHOOLS LEVY.

(a) Each district may make a levy on all taxable property located within the district
for the purposes specified in this section. The maximum amount which may be levied
for all costs under this section shall be equal to $30 multiplied by the district's adjusted
marginal cost pupil units for the school year. The proceeds of the levy must be reserved and
used for directly funding the following purposes or for reimbursing the cities and counties
who contract with the district for the following purposes: (1) to pay the costs incurred for
the salaries, benefits, and transportation costs of peace officers and sheriffs for liaison in
services in the district's schools; (2) to pay the costs for a drug abuse prevention program
as defined in section 609.101, subdivision 3, paragraph (e), in the elementary schools;
(3) to pay the costs for a gang resistance education training curriculum in the district's
schools; (4) to pay the costs for security in the district's schools and on school property; (5)
to pay the costs for other crime prevention, drug abuse, student and staff safety, voluntary
opt-in suicide prevention tools, and violence prevention measures taken by the school
district; or (6) to pay costs for licensed school counselors, licensed school nurses, licensed
school social workers, licensed school psychologists, and licensed alcohol and chemical
dependency counselors to help provide early responses to problems. For expenditures
under clause (1), the district must initially attempt to contract for services to be provided
by peace officers or sheriffs with the police department of each city or the sheriff's
department of the county within the district containing the school receiving the services. If
a local police department or a county sheriff's department does not wish to provide the
necessary services, the district may contract for these services with any other police or
sheriff's department located entirely or partially within the school district's boundaries.

(b) A school district that is a member of an intermediate school district may
include in its authority under this section the costs associated with safe schools activities
authorized under paragraph (a) for intermediate school district programs. This authority
must not exceed $10 times the adjusted marginal cost pupil units of the member districts.
This authority is in addition to any other authority authorized under this section. Revenue
raised under this paragraph must be transferred to the intermediate school district.

(c) A school district must set aside at least $3 per adjusted marginal cost pupil
unit of the safe schools levy proceeds for the purposes authorized under paragraph (a),
clause (6). deleted text begin The district must annually certify either that: (1) its total spending on services
provided by the employees listed in paragraph (a), clause (6), is not less than the sum of
its expenditures for these purposes, excluding amounts spent under this section, in the
previous year plus the amount spent under this section; or (2) that the district's full-time
equivalent number of employees listed in paragraph (a), clause (6), is not less than the
number for the previous year.
deleted text end

Sec. 2.

Laws 2009, chapter 96, article 2, section 64, is amended to read:

Sec. 64. RESERVED REVENUE FOR STAFF DEVELOPMENT;
TEMPORARY SUSPENSION.

new text begin (a) new text end Notwithstanding Minnesota Statutes, section 122A.61, subdivision 1, for fiscal
years 2010 deleted text begin and 2011 deleted text end new text begin through 2014 new text end only, a school district or charter school may use revenue
reserved for staff development under Minnesota Statutes, section 122A.61, subdivision 1,
according to the requirements of general education revenue under Minnesota Statutes,
section 126C.13, subdivision 5.

new text begin (b) On June 30, 2010, a school district may permanently transfer any balance from
the reserved account for staff development to the undesignated general fund balance.
new text end

Sec. 3. new text begin MORATORIUM ON UNFUNDED SCHOOL MANDATES.
new text end

new text begin (a) Until otherwise provided in law, the legislature may not enact a law and a state
agency may not adopt a rule that imposes a new unfunded mandate or unfunded increase
to a prior mandate on a school district or charter school.
new text end

new text begin (b) For purposes of this section:
new text end

new text begin (1) "mandate" means a requirement imposed upon a school district or charter school
that if not complied with results in civil liability, injunctive relief, a criminal penalty, or
administrative sanction, including reduction of loss of funding; and
new text end

new text begin (2) "unfunded" means an expected additional cost to school districts and charter
schools that exceeds the legislative increase to appropriations to school districts and
charter schools to cover these costs.
new text end

new text begin (c) Exemptions may be granted to the restriction in paragraph (a):
new text end

new text begin (1) by the legislature, if it determines that a new or increased mandate passed by law
is necessary to protect public health or is required to implement federal law; and
new text end

new text begin (2) by the governor, if the governor determines that a new or increased mandate
adopted by rule is necessary to protect public health or is required to implement federal
law.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 123B.05, new text end new text begin is repealed.
new text end