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Minnesota Legislature

Office of the Revisor of Statutes

SF 2091

as introduced - 91st Legislature (2019 - 2020) Posted on 03/27/2019 09:15am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to education finance; including elementary grades under the joint powers
cooperative facilities program; amending Minnesota Statutes 2018, section
123A.482.

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

Section 1.

Minnesota Statutes 2018, section 123A.482, is amended to read:


123A.482 JOINT POWERS COOPERATIVE FACILITY.

Subdivision 1.

Schools may be jointly operated.

Two or more school districts may
agree to jointly operate a deleted text beginsecondarydeleted text endnew text begin schoolnew text end facility. The districts may choose to operate the
facility according to a joint powers agreement under section 123A.78 or 471.59.

Subd. 2.

Expanded program offerings.

A jointly operated deleted text beginsecondarydeleted text endnew text begin schoolnew text end program
seeking funding under section 123A.485 must demonstrate to the commissioner's satisfaction
that the jointly operated program provides enhanced learning opportunities and broader
curriculum offerings to the students attending that program. The commissioner must approve
or disapprove a cooperative deleted text beginsecondarydeleted text endnew text begin schoolnew text end program within 60 days of receipt of an
application.

Subd. 3.

Transfer of employees.

If an employee is transferred between two employer
members of the joint powers agreement under this section, the employee's length of service
under section 122A.40, subdivision 5, remains uninterrupted. The employee deleted text beginshalldeleted text endnew text begin mustnew text end
receive credit on the receiving district's salary schedule for the employee's educational
attainment and years of continuous service in the sending district, or deleted text beginshalldeleted text endnew text begin mustnew text end receive a
comparable salary, whichever is greater. The employee deleted text beginshalldeleted text endnew text begin mustnew text end receive credit for accrued
sick leave and rights to severance benefits as if the employee had been employed by the
receiving district during the employee's years of employment in the sending district.

Subd. 4.

Revenue.

An approvednew text begin secondarynew text end program that is jointly operated under this
section is eligible for aid under section 123A.485 and deleted text beginqualifiesdeleted text endnew text begin all approved school programs
qualify
new text end for a facilities grant under sections 123A.44 to 123A.445.

Subd. 5.

Duty to maintain elementary and secondary schools met.

A school district
operating a joint facility under this section meets the requirements of section 123A.64.

Subd. 6.

Estimated market value limit exclusion.

Bonds for a cooperative facility
operated under this section issued by a member school district are not subject to the net debt
limit under section 475.53, subdivision 4.

Subd. 7.

Allocation of levy authority for joint facility.

For purposes of determining
each member district's school levy, a jointly operated deleted text beginsecondarydeleted text endnew text begin schoolnew text end program may allocate
program costs to each member district according to the joint powers agreement and each
member district may include those costs in its tax levy. The joint powers agreement may
choose to allocate costs on any basis adopted as part of the joint powers agreement.

Subd. 8.

Effect of consolidation.

The joint powers agreement may allow member school
districts that choose to consolidate to continue to certify levies separately based on each
component district's characteristics.

Subd. 9.

Bonds.

A joint powers district formed under this section may issue bonds
according to section 123A.78 or its member districts may issue bonds individually after
complying with this subdivision. The joint powers board must submit the project for review
and comment under section 123B.71. The joint powers board must hold a hearing on the
proposal. If the bonds are not issued under section 123A.78, each member district of the
joint powers district must submit the question of authorizing borrowing of funds for the
project to the voters of the district at a special election. The question submitted deleted text beginshalldeleted text endnew text begin mustnew text end
state the total amount of funding needed from that district. The member district may issue
the bonds according to chapter 475 and certify the levy required by section 475.61 only if
a majority of those voting on the question in that district vote in the affirmative and only
after the board has adopted a resolution pledging the full faith and credit of that unit. The
resolution must irrevocably commit that unit to pay an agreed-upon share of any debt levy
shortages that, together with other funds available, would allow the member school board
to pay the principal and interest on the obligations. The clerk of the joint powers board must
certify the vote of any bond elections to the commissioner. Bonds issued under this section
first qualify for debt service equalization aid in fiscal year 2018.

Subd. 10.

Election.

A district entering into a joint powers agreement under this section
may conduct a referendum seeking approval for a new facility. This election may be held
separately or at the same time as a bond election under subdivision 9. If the election is held
at the same time, the questions may be asked separately or as a conjunctive question. The
question must be approved by a majority of those voting on the question. If asked separately
and the question fails, a district may not proceed with the sale of bonds according to
subdivision 9.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end