Minnesota Session Laws - 1996, Regular Session

  
    
KEY: stricken = old language to be removed
     underscored = new language to be added
    
                            CHAPTER 394-H.F.No. 2298 
                  An act relating to government efficiency; extending 
                  the effective period of certain exemptions granted by 
                  the board of government innovation and cooperation; 
                  authorizing multimember school board election 
                  districts; amending Minnesota Statutes 1994, sections 
                  122.23, subdivisions 2 and 18; 205A.12, subdivisions 2 
                  and 5; and 465.797, by adding a subdivision. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, 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, 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 16; 
           (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 
        the number of members determined by the component districts, 
        which may be six or seven members elected according to 
        subdivision 18, or any number of existing school board members 
        of the component districts, and a method to gradually reduce the 
        membership to six or seven; 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. 
           The resolution must provide for election of board members 
        from one of the following options:  single-member districts; 
        multimember districts; at large; or a combination of these 
        options.  The resolution must include a plan for the orderly 
        transition to the option chosen. 
           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 
        124.494, subdivision 7. 
           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 1994, section 122.23, 
        subdivision 18, is amended to read: 
           Subd. 18.  (a) The county auditor shall determine a date, 
        not less than 20 30 nor more than 60 days from the date that the 
        order setting the effective date of the consolidation according 
        to subdivision 13 was issued, upon which date shall be held a 
        special election in the district for the purpose of electing a 
        board of six members for terms as follows:  two until the July 1 
        one year after the effective date of the consolidation, two 
        until the expiration of one year from said July 1, and two until 
        the expiration of two years from said July 1, to hold office of 
        four years and until a successor is elected and qualifies 
        according to provisions of law governing the election of board 
        members in independent districts.  If the resolution or petition 
        for consolidation pursuant to subdivision 2 proposed that the 
        board of the newly created district consists of seven members, 
        then seven members shall be elected at this election for the 
        terms provided in this clause except that three members shall 
        hold office until the expiration of two years from said July 1.  
        Notwithstanding the foregoing, three members of the first board 
        must be elected to terms that expire on the first Monday in 
        January following the first regularly scheduled school district 
        general election that occurs more than six months after the 
        election of the first board and three members must be elected to 
        terms that expire on the first Monday in January following the 
        second school district general election that occurs more than 
        six months after the election of the first board.  If the first 
        board consists of seven members, then four members may be 
        elected at either the first or second regularly scheduled school 
        district general election following the election of the first 
        board.  If the resolution or petition for consolidation pursuant 
        to subdivision 2 proposed the establishment of separate election 
        districts, these members shall be elected from separate election 
        districts according to the provisions of that resolution or 
        petition and of chapter 205A. 
           (b) The county auditor shall give ten days' posted notice 
        of election in the area in which the election is to be held and 
        also if there be a newspaper published in the proposed new 
        district, one weeks' published notice shall be given.  The 
        notice shall specify the time, place, and purpose of the 
        election. 
           (c) Any person desiring to be a candidate for a school 
        election shall file an application with the county auditor to 
        have the applicant's name placed on the ballot for such office, 
        specifying the term for which the application is made.  The 
        application shall be filed not less than 12 21 days before the 
        election. 
           (d) The county auditor shall prepare, at the expense of the 
        county, necessary ballots for the election of officers, placing 
        thereon the names of the proposed candidates for each office.  
        The ballots shall be marked and signed as official ballots and 
        shall be used exclusively at the election.  The county auditor 
        shall determine the number of voting precincts and the 
        boundaries of each.  The county auditor shall determine the 
        location of polling places and the hours the polls shall be open 
        and shall appoint three election judges for each polling place 
        who shall act as clerks of election.  Election judges shall 
        certify ballots and results to the county auditor for tabulation 
        and canvass. 
           (e) After making a canvass and tabulation, the county 
        auditor shall issue a certificate of election to the candidate 
        for each office who received the largest number of votes cast 
        for the office.  The county auditor shall deliver such 
        certificate to the person entitled thereto by certified mail, 
        and each person so certified shall file an acceptance and oath 
        of office with the county auditor within 30 days of the date of 
        mailing of the certificate.  A person who fails to qualify prior 
        to the time specified shall be deemed to have refused to serve, 
        but such filing may be made at any time before action to fill 
        vacancy has been taken. 
           (f) The board of each district included in the new enlarged 
        district shall continue to maintain school therein until the 
        effective date of the consolidation.  Such boards shall have 
        power and authority only to make such contracts, to do such 
        things as are necessary to maintain properly the schools for the 
        period prior to that date, and to certify to the county auditor 
        according to levy limitations applicable to the component 
        districts the taxes collectible in the calendar year when the 
        consolidation becomes effective. 
           (g) It shall be the immediate duty of the newly elected 
        board of the new enlarged district, when the members thereof 
        have qualified and the board has been organized, to plan for the 
        maintenance of the school or schools of the new district for the 
        next school year, to enter into the necessary negotiations and 
        contracts for the employment of personnel, purchase of equipment 
        and supplies, and other acquisition and betterment purposes, 
        when authorized by the voters to issue bonds under the 
        provisions of chapter 475; and on the effective date of the 
        consolidation to assume the full duties of the care, management 
        and control of the new enlarged district.  The board of the new 
        enlarged district shall give due consideration to the 
        feasibility of maintaining such existing attendance centers and 
        of establishing such other attendance centers, especially in 
        rural areas, as will afford equitable and efficient school 
        administration and assure the convenience and welfare of the 
        pupils residing in the enlarged district.  The obligations of 
        the new board to teachers employed by component districts shall 
        be governed by the provisions of section 122.532.  The 
        obligations of the new board to nonlicensed employees employed 
        by component districts is governed by subdivision 18a. 
           Sec. 3.  Minnesota Statutes 1994, section 205A.12, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ELECTION.] Except in a school district located 
        wholly or partly within a city of the first class, upon 
        resolution of the board, made on its own motion or on 
        presentation of a petition substantially in the form required in 
        section 205A.13, signed by at least 50 electors of the district 
        or ten percent of the number of votes cast in the most recent 
        regular school board election, whichever is larger, the board 
        shall adopt a proposal to divide the district into as many 
        separate election districts as there are members of the board, 
        which.  The proposal must designate one of the following options 
        for election of members:  single-member districts, from which 
        one board member each must be elected; multimember districts, 
        from which two or three members each must be elected; a 
        combination of single-member and multimember districts; or a 
        combination of single-member or multimember districts, or both, 
        and election of one or more members at large.  The proposal must 
        be submitted to an election under this chapter.  If the election 
        is initiated by petition, the resolution calling the election 
        must be adopted within six months after the date of receipt of 
        the petition.  Only one election within any two-year period may 
        be held under this section. 
           Sec. 4.  Minnesota Statutes 1994, section 205A.12, 
        subdivision 5, is amended to read: 
           Subd. 5.  [BOARD ELECTIONS.] If the proposal for the 
        establishment of election districts is approved by the voters, 
        the board shall specify the election districts from which 
        vacancies shall be filled as they occur until such time as each 
        board member represents an election district.  A candidate for 
        school board in a subsequent election must file an affidavit of 
        candidacy to be elected as a school board member for the 
        election district in which the candidate resides.  If there are 
        as many election districts as there are members of the board, 
        one and only one member of the board shall be elected from each 
        election district.  In school districts where one or more board 
        members are elected by election districts, candidates must 
        indicate on the affidavit of candidacy the number of the 
        district from which they seek election or, if appropriate, that 
        they seek election from one of the offices elected at large.  If 
        the election districts have two or three members each, the terms 
        of the members must be staggered.  Each board member must be a 
        resident of the election district for which elected but the 
        creation of an election district or a change in election 
        district boundaries shall not disqualify a board member from 
        serving for the remainder of a term. 
           Sec. 5.  Minnesota Statutes 1994, section 465.797, is 
        amended by adding a subdivision to read: 
           Subd. 5a.  [EXEMPTIONS GRANTED IN 1995.] Notwithstanding 
        subdivision 5, exemptions from enforcement of law granted by the 
        board during calendar year 1995 remain in effect until June 30, 
        1999.  This subdivision expires June 30, 1999. 
           Sec. 6.  [EFFECTIVE DATE.] 
           This act is effective the day following final enactment. 
           Presented to the governor March 26, 1996 
           Signed by the governor March 28, 1996, 10:15 a.m.