SF 1210

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; authorizing regional pupil 
  1.3             transportation centers; proposing coding for new law 
  1.4             in Minnesota Statutes, chapters 123B; 179A.  
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [123B.881] [REGIONAL PUPIL TRANSPORTATION 
  1.7   SERVICES.] 
  1.8      Subdivision 1.  [CREATION.] Two or more school districts 
  1.9   may enter into an agreement to establish a cooperative 
  1.10  organization to provide pupil transportation services upon a 
  1.11  majority vote of each of the school boards entering into the 
  1.12  agreement.  When a resolution authorizing the creation of a 
  1.13  cooperative pupil transportation organization has been adopted 
  1.14  by the board of the district, the resolution shall be published 
  1.15  once in a newspaper of general circulation in the district. 
  1.16     Subd. 2.  [NAME.] A public corporation created under 
  1.17  subdivision 1 shall be known as ....(insert name).... 
  1.18  cooperative pupil transportation center no. ..... and shall have 
  1.19  an identification number assigned according to section 123A.56. 
  1.20     Subd. 3.  [DEFINITION.] For the purposes of this section, 
  1.21  "board" means the cooperative pupil transportation center board. 
  1.22     Subd. 4.  [GOVERNING BOARD.] (a) The cooperative pupil 
  1.23  transportation center must be operated by a center board of at 
  1.24  least five members.  The center board shall consist of school 
  1.25  board members from each of the participating districts and 
  2.1   appointed by the members' respective school boards.  Each 
  2.2   participating district must have at least one member on the 
  2.3   board.  The board must choose an administrative officer to 
  2.4   administer board policy and directives who shall serve as an ex 
  2.5   officio nonvoting member of the board. 
  2.6      (b) The terms of office of the first members of the board 
  2.7   must be as evenly distributed as possible among one-, two-, and 
  2.8   three-year terms.  Thereafter, the terms shall be for three 
  2.9   years commencing on July 1 of each year.  If a vacancy occurs on 
  2.10  the board, it must be filled by the appropriate school board 
  2.11  within 90 days.  
  2.12     (c) The board must choose its officers and conduct any 
  2.13  other necessary organizational business.  The board must meet at 
  2.14  least annually as is practicable pursuant to notice sent to all 
  2.15  board members by the chief executive officer of the board. 
  2.16     (d) The board shall elect officers, no two of whom shall be 
  2.17  from the same school district.  As is applicable, sections 
  2.18  123B.09, 123B.14, 123B.143, and 123B.147 shall apply to the 
  2.19  board and officers of the center. 
  2.20     (e) Each participating district must have equal voting 
  2.21  power with at least one vote.  
  2.22     Subd. 5.  [CENTER BOARD POWERS AND DUTIES.] (a) The board 
  2.23  shall have the general charge of the business of the center and 
  2.24  the ownership of facilities.  The board may not issue bonds on 
  2.25  its behalf.  Each participating district may issue bonds for the 
  2.26  purpose of acquisition and betterment of center facilities in 
  2.27  the amount certified by the center board to such participating 
  2.28  districts in accordance with chapter 475 without an election at 
  2.29  a public or private sale. 
  2.30     (b) The board may furnish pupil transportation services to 
  2.31  any student residing in or attending school in any participating 
  2.32  district.  
  2.33     (c) In accordance with subdivision 6, paragraph (b), the 
  2.34  board shall certify to each participating district the amount of 
  2.35  funds assessed to the district as its proportionate share 
  2.36  required for the conduct of the pupil transportation services, 
  3.1   payment of indebtedness, and all other proper expenses of the 
  3.2   center. 
  3.3      (d) The board may employ and discharge necessary employees 
  3.4   and may contract for other necessary services. 
  3.5      (e) The board may establish fees according to sections 
  3.6   123B.34 to 123B.39 for pupil transportation services not 
  3.7   otherwise required by statute. 
  3.8      Subd. 6.  [FINANCING.] (a) A board established under this 
  3.9   section is a public corporation and agency and may receive and 
  3.10  disburse federal, state, and local funds made available to it.  
  3.11  A participating school district or member must not have any 
  3.12  additional individual liability for the debts or obligations of 
  3.13  the center except that assessment which has been certified as 
  3.14  its proportionate share under paragraph (b) and subdivision 5, 
  3.15  paragraphs (a) and (c).  A member of the board shall have 
  3.16  liability as is applicable to a member of an independent school 
  3.17  district board.  Any property, real or personal, acquired or 
  3.18  owned by the board for its purposes shall be exempt from 
  3.19  taxation by the state or any of its political subdivisions. 
  3.20     (b) The board may assess and certify to each participating 
  3.21  school district its proportionate share of any expenses.  This 
  3.22  share must be based upon an equitable distribution formula 
  3.23  agreed upon by the participating districts.  Each participating 
  3.24  district shall remit its assessment to the board within 30 days 
  3.25  after receipt.  The assessments shall be paid with a levy of 
  3.26  each participating district. 
  3.27     Subd. 7.  [LAWS GOVERNING INDEPENDENT SCHOOL DISTRICTS 
  3.28  APPLY.] The center shall be governed by the general laws 
  3.29  relating to independent school districts of the state unless 
  3.30  provided otherwise in statute. 
  3.31     Subd. 8.  [ADDITION AND WITHDRAWAL OF DISTRICTS.] (a) Upon 
  3.32  approval by majority vote of a school board and of the center 
  3.33  board, a district may become a member in the center and be 
  3.34  governed by the provisions of this section and the agreement in 
  3.35  effect. 
  3.36     (b) A participating district may withdraw from the center 
  4.1   and from the agreement in effect by a majority vote of the 
  4.2   district's board.  Upon receipt of the withdrawal resolution 
  4.3   reciting the necessary facts, the center board must file a 
  4.4   certified copy with the county auditors of the counties 
  4.5   affected.  The withdrawal shall become effective at the end of 
  4.6   the next following school year but the withdrawal shall not 
  4.7   affect the continued liability of the withdrawing district for 
  4.8   bonded indebtedness it incurred prior to the effective 
  4.9   withdrawal date. 
  4.10     Subd. 9.  [DISSOLUTION.] The school boards of each 
  4.11  participating district may agree to dissolve a center effective 
  4.12  at the end of a school year or at an earlier agreed upon time.  
  4.13  A dissolution must be accomplished in accordance with applicable 
  4.14  provisions of the agreement establishing the center.  Upon 
  4.15  receipt of the dissolution resolutions from the boards of the 
  4.16  participating districts, the center board shall file a certified 
  4.17  copy with the county auditors of the counties affected.  The 
  4.18  dissolution must not affect the continuing liability of the 
  4.19  previously participating districts for bonded indebtedness 
  4.20  incurred prior to the dissolution, or for other continuing 
  4.21  obligations, including unemployment benefits. 
  4.22     Subd. 10.  [REVENUE.] A cooperative pupil transportation 
  4.23  center may be eligible for revenue under sections 123B.92 and 
  4.24  124D.87. 
  4.25     Subd. 11.  [TRANSFER OF ASSETS.] A school district that is 
  4.26  a member of a cooperative pupil transportation center may 
  4.27  transfer or rent school buses or other assets to the center.  
  4.28  The center must determine the value of the transferred assets 
  4.29  and must deduct these amounts from a district's assessments 
  4.30  under subdivision 6. 
  4.31     Subd. 12.  [EMPLOYEE REPRESENTATION.] The pupil 
  4.32  transportation center board shall meet and negotiate with the 
  4.33  exclusive representative of regional school bus units under 
  4.34  section 179A.105.  
  4.35     Sec. 2.  [179A.105] [SCHOOL BUS UNIT.] 
  4.36     Subdivision 1.  [UNIT.] Regional school bus units consist 
  5.1   of school bus drivers, school bus maintenance workers, clerical 
  5.2   workers, administrative workers, and technical workers assigned 
  5.3   to school bus duties. 
  5.4      Subd. 2.  [TRANSITION.] The commissioner of the bureau of 
  5.5   mediation services shall apply the processes and provisions 
  5.6   governing the court employee unit transition provided in section 
  5.7   179A.102 to the transition to a new bargaining unit structure 
  5.8   for the regional school bus units.  Subsequent to the initial 
  5.9   certification and decertification, if any, the provisions of 
  5.10  section 179A.102 do not apply. 
  5.11     Sec. 3.  [AUTHORITY TO ENTER INTO CONTRACTS.] 
  5.12     A school district may contract for school bus services.  
  5.13  The contract may extend for the term of any debt or obligation 
  5.14  issued by the cooperative pupil transportation center.  The 
  5.15  center may pledge such contracts as a source of repayment of its 
  5.16  bonds and obligations.