SF 1179

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to education; detaching land from independent 
  1.3             school district No. 2170, Staples-Motley, for a new 
  1.4             school district. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [DETACHMENT; STAPLES-MOTLEY.] 
  1.7      (a) All of the area that comprised the Motley school 
  1.8   district before the interdistrict cooperation agreement executed 
  1.9   by the Motley and Staples school districts on December 17, 1987, 
  1.10  shall be detached from independent school district No. 2170, 
  1.11  Staples-Motley, classified as a new independent school district 
  1.12  and assigned an identification number by the commissioner of 
  1.13  children, families, and learning. 
  1.14     (b) The area of independent school district No. 2170, 
  1.15  Staples-Motley, that remains after the detachment under 
  1.16  paragraph (a) also shall be classified as a new independent 
  1.17  school district and assigned an identification number by the 
  1.18  commissioner of children, families, and learning. 
  1.19     [EFFECTIVE DATE.] This section is effective September 1, 
  1.20  2006, and later.  Upon the effective date of this section, the 
  1.21  commissioner of children, families, and learning shall modify 
  1.22  the records and any plats, petitions, and proceedings involving 
  1.23  the affected school districts to conform with the detachment 
  1.24  under this section. 
  1.25     Sec. 2.  [SCHOOL BOARD ELECTIONS.] 
  2.1      An election for a six-member board of directors of the 
  2.2   newly reconstituted independent school district under section 1, 
  2.3   paragraph (a) and an election for a six-member board of 
  2.4   directors of the newly reconstituted independent school district 
  2.5   under section 1, paragraph (b), shall be held according to the 
  2.6   requirements in Minnesota Statutes, chapter 205A.  The initial 
  2.7   election for the board of directors in each of the two newly 
  2.8   reconstituted independent school districts shall be conducted by 
  2.9   resolution of the board of the county in which a majority of 
  2.10  voters in each newly reconstituted school district resides.  
  2.11  Three of the initial board members shall be elected to two-year 
  2.12  terms and three of the initial board members shall be elected to 
  2.13  four-year terms, to be determined by lot.  The terms of the 
  2.14  board members begin on the first Monday in January following 
  2.15  their election and continue until a successor is elected and 
  2.16  qualifies.  Thereafter, the terms of all board members are 
  2.17  governed by Minnesota Statutes, section 123B.09. 
  2.18     [EFFECTIVE DATE.] This section is effective the day 
  2.19  following final enactment. 
  2.20     Sec. 3.  [TAX LIABILITY FOR EXISTING BONDED DEBT.] 
  2.21     All taxable property in the area detached under section 1, 
  2.22  paragraph (a), remains obligated for any bonded debt of 
  2.23  independent school district No. 2170, Staples-Motley, to which 
  2.24  that property is subject before September 1, 2006.  In addition, 
  2.25  all taxable property in each newly reconstituted school district 
  2.26  is taxable for payment of school district obligations authorized 
  2.27  on or after September 1, 2006, by the school board of the newly 
  2.28  reconstituted district. 
  2.29     [EFFECTIVE DATE.] This section is effective the day 
  2.30  following final enactment. 
  2.31     Sec. 4.  [CURRENT ASSETS AND LIABILITIES.] 
  2.32     Subdivision 1.  [DISTRIBUTION OF ASSETS.] Under the 
  2.33  detachment in section 1, the commissioner of children, families, 
  2.34  and learning shall issue an order for dividing and distributing 
  2.35  the current assets and liabilities, real and personal, and the 
  2.36  legally valid and enforceable claims and contractual obligations 
  3.1   of independent school district No. 2170, Staples-Motley, so that 
  3.2   the two newly reconstituted school districts can independently 
  3.3   operate. 
  3.4      Subd. 2.  [REAL PROPERTY.] The commissioner's order under 
  3.5   subdivision 1 must transfer the real property interests of 
  3.6   independent school district No. 2170, Staples-Motley, to the 
  3.7   newly reconstituted school districts.  The commissioner must 
  3.8   determine the distribution of and the amount, if any, paid for 
  3.9   the real property.  The commissioner's order may impose in favor 
  3.10  of one newly reconstituted district a specified dollar amount as 
  3.11  a claim against the other newly reconstituted district receiving 
  3.12  real property interests under the order.  The claim must be paid 
  3.13  and enforced according to the law governing payment of judgments 
  3.14  against a school district. 
  3.15     [EFFECTIVE DATE.] This section is effective the day 
  3.16  following final enactment and applies to both newly 
  3.17  reconstituted school districts described under section 1. 
  3.18     Sec. 5.  [LICENSED AND NONLICENSED EMPLOYEES.] 
  3.19     (a) The obligations of both the newly reconstituted school 
  3.20  districts under section 1 are governed by Minnesota Statutes, 
  3.21  section 123A.75. 
  3.22     (b) Under the detachment under section 1, the nonlicensed 
  3.23  employees of independent school district No. 2170, 
  3.24  Staples-Motley, may apply to remain with the newly reconstituted 
  3.25  school district under section 1, paragraph (a), or move to the 
  3.26  newly reconstituted school district under section 1, paragraph 
  3.27  (b).  The commissioner shall assign the nonlicensed employees of 
  3.28  independent school district No. 2170, Staples-Motley, to 
  3.29  unfilled positions in the newly reconstituted school district 
  3.30  under section 1, paragraph (a), in order of seniority.  All 
  3.31  rights of and obligations to nonlicensed employees continue in 
  3.32  the same manner as before the effective date of the detachment 
  3.33  under section 1. 
  3.34     [EFFECTIVE DATE.] This section is effective the day 
  3.35  following final enactment.