Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 409-H.F.No. 2377 
           An act relating to education; authorizing recipients 
          of a cooperative secondary facilities grant to have a 
          temporary school board structure after they 
          consolidate; amending Minnesota Statutes 1990, section 
          124.494, by adding a subdivision; and Minnesota 
          Statutes 1991 Supplement, section 122.23, subdivision 
          2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1991 Supplement, section 
122.23, subdivision 2, is amended to read: 
    Subd. 2.  (a) Upon a resolution of a school board in the 
area proposed for consolidation or upon receipt of a petition 
therefor executed by 25 percent of the voters resident in the 
area proposed for consolidation or by 50 such voters, whichever 
is lesser, the county auditor of the county which contains the 
greatest land area of the proposed new district shall forthwith 
cause a plat to be prepared.  The resolution or petition shall 
show the approximate area proposed for consolidation.  
    (b) The resolution or petition may propose the following: 
    (1) that the bonded debt of the component districts will be 
paid according to the levies previously made for that debt under 
chapter 475, as provided in subdivision 16a, or that the taxable 
property in the newly created district will be taxable for the 
payment of all or a portion of the bonded debt previously 
incurred by any component district as provided in subdivision 
16b; 
    (2) that obligations for a capital loan or an energy loan 
made according to section 216C.37 or sections 298.292 to 298.298 
outstanding in a preexisting district as of the effective date 
of consolidation remain solely with the preexisting district 
that obtained the loan, or that all or a portion of the loan 
obligations will be assumed by the newly created or enlarged 
district and paid by the newly created or enlarged district on 
behalf of the preexisting district that obtained the loan; 
    (3) that referendum levies previously approved by voters of 
the component districts pursuant to section 124A.03, subdivision 
2, or its predecessor provision, be combined as provided in 
section 122.531, subdivision 2a or 2b, or that the referendum 
levies be discontinued; 
    (4) that the board of the newly created district consist of 
seven members; or 
    (5) that separate election districts from which school 
board members will be elected, the boundaries of these election 
districts, and the initial term of the member elected from each 
of these election districts be established. 
    A group of districts that operates a cooperative secondary 
facility funded under section 124.494 may also propose a 
temporary school board structure as specified in section 2. 
    If a county auditor receives more than one request for a 
plat and the requests involve parts of identical districts, the 
auditor shall forthwith prepare a plat which in the auditor's 
opinion best serves the educational interests of the inhabitants 
of the districts or areas affected.  
    (c) The plat shall show: 
    (1) Boundaries of the proposed district, as determined by 
the county auditor, and present district boundaries, 
    (2) The location of school buildings in the area proposed 
as a new district and the location of school buildings in 
adjoining districts, 
    (3) The boundaries of any proposed separate election 
districts, and 
    (4) Other pertinent information as determined by the county 
auditor. 
    Sec. 2.  Minnesota Statutes 1990, section 124.494, is 
amended by adding a subdivision to read: 
    Subd. 7.  [CONSOLIDATION.] A group of districts that 
operates a cooperative secondary facility that was acquired, 
constructed, remodeled, or improved under this section and 
implements consolidation proceedings according to section 
122.23, may propose a temporary school board structure in the 
petition or resolution required under section 122.23, 
subdivision 2.  The districts may propose the number of existing 
school board members of each district to become members of the 
school board of the consolidated district and a method to 
gradually reduce the membership to six or seven.  The proposal 
shall be approved, disapproved, or modified by the state board 
of education.  The election requirements of section 122.23, 
subdivision 18, do not apply to a proposal approved by the state 
board.  Elections conducted after the effective date of the 
consolidation are subject to the Minnesota election law. 
    Presented to the governor April 3, 1992 
    Signed by the governor April 7, 1992, 2:50 p.m.