1.1 	A bill for an act
1.2 	relating to education; enabling school districts to
1.3 	focus on delivering academic services; transferring
1.4 	responsibilities for noncurricular athletic and fine
1.5 	arts activities for youth from school districts to
1.6 	local governments; amending Minnesota Statutes 2004,
1.7 	sections 122A.33; 123B.35; 123B.36, subdivision 1;
1.8 	123B.49, subdivisions 1, 4; 123B.51, subdivision 4, by
1.9 	adding a subdivision; 124D.61; 124D.74, subdivision 6;
1.10 	128C.01; 128C.02; 128C.03; 128C.05; 128C.07; 128C.08;
1.11 	275.70, subdivision 5; repealing Minnesota Statutes
1.12 	2004, section 124D.095, subdivision 5.
1.13 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14 	Section 1. Minnesota Statutes 2004, section 122A.33, is
1.15 	amended to read:
1.16 	122A.33 LICENSE AND DEGREE EXEMPTION FOR HEAD COACH.
1.17 	Notwithstanding section 122A.15, subdivision 1, a school
1.18 	district may employ as a head varsity coach of an a cocurricular 
1.19 	interscholastic sport at its secondary school a person who does
1.20 	not have a license as head varsity coach of a cocurricular 
1.21 	interscholastic sports and who does not have a bachelor's degree
1.22 	if:
1.23 	(1) in the judgment of the school board, the person has the
1.24 	knowledge and experience necessary to coach the sport;
1.25 	(2) can verify completion of six quarter credits, or the
1.26 	equivalent, or 60 clock hours of instruction in first aid and
1.27 	the care and prevention of athletic injuries; and
1.28 	(3) can verify completion of a coaching methods or theory
1.29 	course.
2.1 	Notwithstanding section 122A.58, a person employed as a
2.2 	head varsity coach under this section has an annual contract as
2.3 	a coach that the school board may or may not renew as the board
2.4 	sees fit.

2.5 	EFFECTIVE DATE. This section is effective July 1, 2006.

2.6 	Sec. 2. Minnesota Statutes 2004, section 123B.35, is
2.7 	amended to read:
2.8 	123B.35 GENERAL POLICY.
2.9 	It is the policy of the state of Minnesota that public
2.10 	school education shall be free and no pupil shall be denied an
2.11 	education because of economic inability to furnish educational
2.12 	books and supplies necessary to complete educational
2.13 	requirements necessary for graduation.  Any practice leading to
2.14 	suspension, coercion, exclusion, withholding of grades or
2.15 	diplomas, or discriminatory action based upon nonpayment of fees
2.16 	denies pupils their right to equal protection and entitled
2.17 	privileges.  It is recognized that school boards do have the
2.18 	right to accept voluntary contributions and to make certain
2.19 	charges and to establish fees in areas considered extra
2.20 	curricular cocurricular, noncurricular or supplementary to the
2.21 	requirements for the successful completion of a class or
2.22 	educational program.  No public school board may require, except
2.23 	as authorized by sections 123B.36 and 123B.38, the payment of
2.24 	fees.

2.25 	EFFECTIVE DATE. This section is effective July 1, 2006.

2.26 	Sec. 3. Minnesota Statutes 2004, section 123B.36,
2.27 	subdivision 1, is amended to read:
2.28 		Subdivision 1.School boards may require fees.  (a) For
2.29 	purposes of this subdivision, "home school" means a home school
2.30 	as defined in sections 120A.22 and 120A.24 with five or fewer
2.31 	students receiving instruction.
2.32 	(b) A school board is authorized to require payment of fees
2.33 	in the following areas:
2.34 	(1) in any program where the resultant product, in excess
2.35 	of minimum requirements and at the pupil's option, becomes the
2.36 	personal property of the pupil;
3.1 	(2) admission fees or charges for extra curricular
3.2 	activities, where attendance is optional and where the admission
3.3 	fees or charges a student must pay to attend or participate in
3.4 	an extracurricular activity is the same for all students,
3.5 	regardless of whether the student is enrolled in a public or a
3.6 	home school;
3.7 	(3) a security deposit for the return of materials,
3.8 	supplies, or equipment;
3.9 	(4) (3) personal physical education and athletic equipment
3.10 	and apparel, although any pupil may personally provide it if it
3.11 	meets reasonable requirements and standards relating to health
3.12 	and safety established by the board;
3.13 	(5) (4) items of personal use or products that a student
3.14 	has an option to purchase such as student publications, class
3.15 	rings, annuals, and graduation announcements;
3.16 	(6) (5) fees specifically permitted by any other statute,
3.17 	including but not limited to section 171.05, subdivision 2;
3.18 	provided (i) driver education fees do not exceed the actual cost
3.19 	to the school and school district of providing driver education,
3.20 	and (ii) the driver education courses are open to enrollment to
3.21 	persons between the ages of 15 and 18 who reside or attend
3.22 	school in the school district;
3.23 	(7) (6) field trips considered supplementary to a district
3.24 	educational program;
3.25 	(8) (7) any authorized voluntary student health and
3.26 	accident benefit plan;
3.27 	(9) (8) for the use of musical instruments owned or rented
3.28 	by the district, a reasonable rental fee not to exceed either
3.29 	the rental cost to the district or the annual depreciation plus
3.30 	the actual annual maintenance cost for each instrument;
3.31 	(10) (9) transportation of pupils to and from extra
3.32 	curricular activities conducted at locations other than school,
3.33 	where attendance is optional;
3.34 	(11) (10) transportation to and from school of pupils
3.35 	living within two miles from school and all other transportation
3.36 	services not required by law.  If a district charges fees for
4.1 	transportation of pupils, it must establish guidelines for that
4.2 	transportation to ensure that no pupil is denied transportation
4.3 	solely because of inability to pay;
4.4 	(12) (11) motorcycle classroom education courses conducted
4.5 	outside of regular school hours; provided the charge must not
4.6 	exceed the actual cost of these courses to the school district;
4.7 	(13) (12) transportation to and from postsecondary
4.8 	institutions for pupils enrolled under the postsecondary
4.9 	enrollment options program under section 123B.88, subdivision
4.10 	22.  Fees collected for this service must be reasonable and must
4.11 	be used to reduce the cost of operating the route.  Families who
4.12 	qualify for mileage reimbursement under section 124D.09,
4.13 	subdivision 22, may use their state mileage reimbursement to pay
4.14 	this fee.  If no fee is charged, districts must allocate costs
4.15 	based on the number of pupils riding the route.
4.16 	
EFFECTIVE DATE. This section is effective July 1, 2006.

4.17 	Sec. 4. Minnesota Statutes 2004, section 123B.49,
4.18 	subdivision 1, is amended to read:
4.19 		Subdivision 1.Activities outside district limits.
 4.20 	Whenever it appears to be beneficial and for the best interest
4.21 	of the district and the pupils of the district to carry on any
4.22 	school cocurricular sport activities or cocurricular educational
4.23 	activities connected with their studies outside of the
4.24 	territorial limits of the district, the board may authorize such
4.25 	activities to be conducted under such rules and regulations as
4.26 	the board deems sufficient. The board shall not authorize
4.27 	noncurricular activities.The district may pay all
4.28 	necessary cocurricular costs therefor including transportation
4.29 	from the district funds available.
4.30 	
EFFECTIVE DATE. This section is effective July 1, 2006.

4.31 	Sec. 5. Minnesota Statutes 2004, section 123B.49,
4.32 	subdivision 4, is amended to read:
4.33 		Subd. 4.Board control of prohibited from offering 
4.34 	noncurricular activities.  (a) The board may take charge of and
4.35 	control all extracurricular is prohibited from authorizing
4.36 	noncurricular activities of for the teachers and children of the
5.1 	public schools in the district. Extracurricular Noncurricular 
5.2 	activities means all direct and personal services for pupils for
5.3 	their enjoyment that are managed and operated under the guidance
5.4 	of an adult or staff member. The board shall allow all resident
5.5 	pupils receiving instruction in a home school as defined in
5.6 	section 123B.36, subdivision 1, paragraph (a), to be eligible to
5.7 	fully participate in extracurricular activities on the same
5.8 	basis as public school students.
5.9 	(b) Extracurricular Noncurricular activities have all of
5.10 	the following characteristics:
5.11 	(1) they are not offered for school credit nor required for
5.12 	graduation;
5.13 	(2) they are generally conducted outside school hours, or
5.14 	if partly during school hours, at times agreed by the
5.15 	participants, and approved by school authorities;
5.16 	(3) the content of the activities is determined primarily
5.17 	by the pupil participants under the guidance of a staff member
5.18 	or other adult.
5.19 	(c) If the board does not take charge of and control
5.20 	extracurricular activities, these activities shall be
5.21 	self-sustaining with all expenses, except direct salary costs
5.22 	and indirect costs of the use of school facilities, met by dues,
5.23 	admissions, or other student fund-raising events.  The general
5.24 	fund must reflect only those salaries directly related to and
5.25 	readily identified with the activity and paid by public funds.
5.26 	Other revenues and expenditures for extra curricular activities
5.27 	must be recorded according to the "Manual of Instruction for
5.28 	Uniform Student Activities Accounting for Minnesota School
5.29 	Districts and Area Vocational-Technical Colleges."
5.30 	Extracurricular activities not under board control must have an
5.31 	annual financial audit and must also be audited annually for
5.32 	compliance with this section.
5.33 	(d) If the board takes charge of and controls
5.34 	extracurricular activities, any or all costs of these activities
5.35 	may be provided from school revenues and all revenues and
5.36 	expenditures for these activities shall be recorded in the same
6.1 	manner as other revenues and expenditures of the district.
6.2 	(e) If the board takes charge of and controls
6.3 	extracurricular activities, the teachers or pupils in the
6.4 	district must not participate in such activity, nor shall the
6.5 	school name or any allied name be used in connection therewith,
6.6 	except by consent and direction of the board Noncurricular
6.7 	activities do not include intramural sports programs that
6.8 	involve team and individual athletic and fine arts activities,
6.9 	tournaments, meets, and other events that are limited to
6.10 	participants and teams within a school and that remain under the
6.11 	direction and sponsorship of the school.
6.12 	(d) A school board is prohibited from spending any general
6.13 	fund revenue on noncurricular activities.
6.14 	
EFFECTIVE DATE. This section is effective July 1, 2006.

6.15 	Sec. 6. Minnesota Statutes 2004, section 123B.51, is
6.16 	amended by adding a subdivision to read:
6.17 		Subd. 3a.Lease for noncurricular services. (a) To the
6.18 	extent possible, for any part of the day outside of the regular
6.19 	school day, the board shall lease school district athletic
6.20 	fields, gymnasium space, and other school space needed for
6.21 	noncurricular activities under section 123B.49, subdivision 4,
6.22 	paragraphs (b) and (c), to a local unit of government providing
6.23 	league-sponsored athletic and fine arts noncurricular activities
6.24 	under chapter 128C before committing those spaces for other uses.
6.25 	(b) In districts with outstanding bonds, the net proceeds
6.26 	of the lease must be first deposited in the debt retirement fund
6.27 	of the district in an amount sufficient to meet when due that
6.28 	percentage of the principal and interest payments for
6.29 	outstanding bonds that is ascribable to the payment of expenses
6.30 	necessary and incidental to the construction or purchase of the
6.31 	particular building or property that is leased.  Any remaining
6.32 	net proceeds in these districts may be deposited in either the
6.33 	debt redemption fund or operating capital account.  All net
6.34 	proceeds of the lease in districts without outstanding bonds
6.35 	shall be deposited in the operating capital account of the
6.36 	district.
7.1 	(c) The board may make capital improvements to the real
7.2 	property, not exceeding in cost the replacement value of the
7.3 	property, to facilitate its rental, and the lease of the
7.4 	improved property, or part of it, shall provide for rentals
7.5 	which will recover the cost of the improvements over the initial
7.6 	term of the lease.  Notwithstanding paragraph (b), the portion
7.7 	of the rentals representing the cost of the improvements shall
7.8 	be deposited in the operating capital account of the district
7.9 	and the balance of the rentals shall be used as provided in
7.10 	paragraph (b).
7.11 	
EFFECTIVE DATE. This section is effective July 1, 2006.

7.12 	Sec. 7. Minnesota Statutes 2004, section 123B.51,
7.13 	subdivision 4, is amended to read:
7.14 		Subd. 4.Lease for nonschool purpose.  (a) After meeting
7.15 	the obligations in subdivision 3,the board may lease to any
7.16 	person, business, or organization real property that is not
7.17 	needed for school purposes, or part of the property that is not
7.18 	needed for school purposes if the board determines that leasing
7.19 	part of the property does not interfere with the educational
7.20 	programs taking place on the property.  The board may charge and
7.21 	collect reasonable consideration for the lease and may determine
7.22 	the terms and conditions of the lease.
7.23 	(b) In districts with outstanding bonds, the net proceeds
7.24 	of the lease must be first deposited in the debt retirement fund
7.25 	of the district in an amount sufficient to meet when due that
7.26 	percentage of the principal and interest payments for
7.27 	outstanding bonds that is ascribable to the payment of expenses
7.28 	necessary and incidental to the construction or purchase of the
7.29 	particular building or property that is leased.  Any remaining
7.30 	net proceeds in these districts may be deposited in either the
7.31 	debt redemption fund or operating capital account.  All net
7.32 	proceeds of the lease in districts without outstanding bonds
7.33 	shall be deposited in the operating capital account of the
7.34 	district.
7.35 	(c) The board may make capital improvements to the real
7.36 	property, not exceeding in cost the replacement value of the
8.1 	property, to facilitate its rental, and the lease of the
8.2 	improved property, or part of it, shall provide for rentals
8.3 	which will recover the cost of the improvements over the initial
8.4 	term of the lease.  Notwithstanding paragraph (b), the portion
8.5 	of the rentals representing the cost of the improvements shall
8.6 	be deposited in the operating capital account of the district
8.7 	and the balance of the rentals shall be used as provided in
8.8 	paragraph (b).
8.9 	
EFFECTIVE DATE. This section is effective July 1, 2006.

8.10 	Sec. 8. Minnesota Statutes 2004, section 124D.61, is
8.11 	amended to read:
8.12 	124D.61 GENERAL REQUIREMENTS FOR PROGRAMS.
8.13 	A district which receives aid pursuant to section 124D.65
8.14 	must comply with the following program requirements:
8.15 	(1) to the extent possible, the district must avoid
8.16 	isolating children of limited English proficiency for a
8.17 	substantial part of the school day; and
8.18 	(2) in predominantly nonverbal subjects, such as art,
8.19 	music, and physical education, pupils of limited English
8.20 	proficiency shall be permitted to participate fully and on an
8.21 	equal basis with their contemporaries in public school classes
8.22 	provided for these subjects.  To the extent possible, the
8.23 	district must assure to pupils enrolled in a program for limited
8.24 	English proficient students an equal and meaningful opportunity
8.25 	to participate fully with other pupils in all extracurricular 
8.26 	cocurricular activities.

8.27 	EFFECTIVE DATE. This section is effective July 1, 2006.

8.28 	Sec. 9. Minnesota Statutes 2004, section 124D.74,
8.29 	subdivision 6, is amended to read:
8.30 		Subd. 6.Nonverbal courses, cocurricular and
8.31 	extracurricular activities.  In predominantly nonverbal
8.32 	subjects, such as art, music, and physical education, American
8.33 	Indian children shall participate fully and on an equal basis
8.34 	with their contemporaries in school classes provided for these
8.35 	subjects.  Every school district or participating school shall
8.36 	ensure to children enrolled in American Indian education
9.1 	programs an equal and meaningful opportunity to participate
9.2 	fully with other children in all extracurricular cocurricular 
9.3 	activities.  This subdivision shall not be construed to prohibit
9.4 	instruction in nonverbal subjects or cocurricular or 
9.5 	extracurricular activities which relate to the cultural heritage
9.6 	of the American Indian children, or which are otherwise
9.7 	necessary to accomplish the objectives described in sections
9.8 	124D.71 to 124D.82.
9.9 	
EFFECTIVE DATE. This section is effective July 1, 2006.

9.10 	Sec. 10. Minnesota Statutes 2004, section 128C.01, is
9.11 	amended to read:
9.12 	128C.01 FORM, MAKEUP, DELEGATED POWER, BOARD MEMBERS.
9.13 		Subdivision 1.Voluntary association. The Minnesota
9.14 	State High School League is a nonprofit corporation that is a
9.15 	voluntary association of high schools local governments.  A high
9.16 	school that is a school under section 120A.22, subdivision
9.17 	4,statutory or home rule charter city, county, or town may by
9.18 	resolution be a member of the league. The league is made up of
9.19 	high schools whose governing boards have delegated their control
9.20 	of extracurricular activities, as described in section 123B.49,
9.21 	subdivision 4, to the league.  The delegation is made when the
9.22 	governing board files a certificate of delegation with the
9.23 	commissioner of education.The governing board of a local
9.24 	government that is a member of the league may elect to designate
9.25 	geographical subdivisions within the boundaries of the local
9.26 	government for purposes of providing multiple opportunities for
9.27 	resident high school age children to participate in
9.28 	league-sponsored athletics and fine arts noncurricular
9.29 	activities.
9.30 		Subd. 2.Power to delegate to, pay for, league levy,
9.31 	spend money on league activities. The governing board of a high
9.32 	school may delegate its control of extracurricular activities to
9.33 	the league.A school board local government may levy an annual
9.34 	tax on all taxable property within its boundaries to pay for
9.35 	league-sponsored athletic and fine arts activities in which the
9.36 	local government participates.  A local government may spend any
10.1 	funds available to it to provide athletic and fine arts
10.2 	noncurricular activities for high school age residents.  A local
10.3 	government also may spend money for, and pay dues to, the league.
10.4 		Subd. 3.League power to control. Consistent with the
10.5 	State High School League bylaws, the league may control sponsor 
10.6 	contests in athletic and fine arts noncurricular activities by
10.7 	and between pupils of the Minnesota high schools that are
10.8 	delegated to it under this section high school age participants
10.9 	residing in counties, cities, and towns that are members of the
10.10 	league.
10.11 		Subd. 4.membership;board. (a) Each member local
10.12 	government must select a resident to represent the local
10.13 	government in the league.  The selected representative serves at
10.14 	the pleasure of the governing body.  The governing body may pay
10.15 	the selected representative per diem and must reimburse the
10.16 	representative for actual and reasonable expenses.
10.17 	(b) The league must have a 20-member governing board,
10.18 	appointed as follows.
10.19 	(1) The governor must appoint four members according to
10.20 	section 15.0597.  Each of the four appointees must be a
10.21 	parent of a high school age child participating in an athletic
10.22 	or fine arts noncurricular activity sponsored by the league at
10.23 	the time of the initial appointment.  At least one of
10.24 	them member the governor appoints must be an American Indian, an
10.25 	Asian, a Black, or a Hispanic. The terms, compensation, removal
10.26 	of members, and the filling of membership vacancies under this
10.27 	paragraph are governed by section 15.0575.  As provided by
10.28 	section 15.0575, a member who is a full-time state employee or
10.29 	full-time employee of a political subdivision of the state may
10.30 	not receive per diem payment for service on the board.
10.31 	(2) The Minnesota Association of Secondary School
10.32 	Principals must appoint two of its members.
10.33 	(3) The remaining 14 16 members must be selected according
10.34 	to league bylaws from among the representatives of local
10.35 	governments participating in league-sponsored activities.
10.36 	(b) The terms, compensation, removal of members, and the
11.1 	filling of membership vacancies are governed by section 15.0575,
11.2 	except that the four-year terms begin on August 1 and end on
11.3 	July 31.  As provided by section 15.0575, members who are
11.4 	full-time state employees or full-time employees of school
11.5 	districts or other political subdivisions of the state may not
11.6 	receive any per diem payment for service on the board.
11.7 		Subd. 6.Facility contracts; leasing. A member local
11.8 	government may enter into contracts and lease agreements to use
11.9 	school facilities for league purposes.
11.10 		Subd. 7.Cooperation; joint powers. A local government
11.11 	is strongly encouraged to cooperate with the league and other
11.12 	local government members to provide multiple opportunities for
11.13 	resident high school age children to participate in athletic and
11.14 	fine arts noncurricular activities.  A local government member
11.15 	of the league may enter into a joint powers agreement for these
11.16 	purposes.
11.17 		Subd. 8.Fees; accounting and distribution. (a) A local
11.18 	government may charge fees to cover the local government's costs
11.19 	in providing league-supervised athletic and fine arts
11.20 	noncurricular activities.  Fee revenues must be accounted for
11.21 	separately from other local government revenues.
11.22 	(b) To offset tournament-related expenses that
11.23 	participating local government members incur, the league must
11.24 	adopt a reimbursement formula to disburse to participating local
11.25 	government members the revenue it generates from tournament
11.26 	ticket sales, broadcast fee rights, and other tournament-related
11.27 	income after the league's reasonable administrative costs are
11.28 	deducted.
11.29 	
EFFECTIVE DATE. This section is effective July 1, 2006.

11.30 	Sec. 11. Minnesota Statutes 2004, section 128C.02, is
11.31 	amended to read:
11.32 	128C.02 DUTIES, POLICIES, CRITERIA, RULES OF BOARD.
11.33 		Subdivision 1.Decisions, policies, advisory committees.
 11.34 	The board shall establish and adopt policies, including a policy
11.35 	on corporate sponsorships and contributions and similar
11.36 	agreements, make decisions on behalf of the league, and
12.1 	establish advisory committees necessary to carry out board
12.2 	functions.
12.3 		Subd. 2.Sexual harassment and violence; hazing. The
12.4 	board of the league shall adopt a policy, rules, penalties, and
12.5 	recommendations addressing sexual harassment and sexual violence
12.6 	and hazing toward and by participants in league activities.
12.7 		Subd. 3.Criteria for conference arrangements. The board
12.8 	must develop criteria for the league to use when it is asked to
12.9 	arrange for membership in an interscholastic conference a
12.10 	competitive region by a league member under section 128C.07.
12.11 	The league must give notice and an opportunity for league
12.12 	members to be heard before adopting the criteria.  The criteria
12.13 	must include, at least, the distance to be traveled by the
12.14 	participants representing competing schools local government
12.15 	members, the relative enrollments number of the schools 
12.16 	participants representing a local government, and the
12.17 	comparability of extracurricular noncurricular activities in 
12.18 	available through the schools a local government member.
12.19 		Subd. 4.Rules are apa exempt. The rules of the league
12.20 	are exempt from chapter 14, including section 14.386.
12.21 		Subd. 5.Rules for open enrollees. The league shall
12.22 	adopt league rules and regulations governing the athletic and
12.23 	fine arts participation of pupils attending school in a
12.24 	nonresident district resident high school age children
12.25 	representing a local government under section 124D.03.
12.26 		Subd. 6.Annual report. The board annually shall prepare
12.27 	a written report containing the information about the league
12.28 	that the commissioner is required to must obtain and review
12.29 	under section 128C.20.  The board shall present copies of the
12.30 	report in a timely manner to the education committees of the
12.31 	legislature legislative committees with jurisdiction over local
12.32 	government and local government finance.
12.33 		Subd. 7.Women referees. The league shall adopt league
12.34 	rules and policy requiring, to the extent possible, the equal
12.35 	employment of women as referees for high school fine arts 
12.36 	activities and sports contests, from game or local level to
13.1 	tournament level.
13.2 		Subd. 9.Purchasing. In purchasing goods and services,
13.3 	the league must follow all laws that apply to school districts
13.4 	under sections 123B.52 and 471.345.
13.5 	
EFFECTIVE DATE. This section is effective July 1, 2006.

13.6 	Sec. 12. Minnesota Statutes 2004, section 128C.03, is
13.7 	amended to read:
13.8 	128C.03 PROCEDURES.
13.9 	The league shall adopt procedures to ensure public notice
13.10 	of all eligibility rules and policies that will afford the
13.11 	opportunity for public hearings on proposed eligibility rules.
13.12 	If requested by 100 or more parents or guardians of
13.13 	students participants representing local governments that are
13.14 	league members, the public hearing must be conducted by an
13.15 	administrative law judge from the Office of Administrative
13.16 	Hearings, by a person hired under contract by the Office of
13.17 	Administrative Hearings, or by an independent hearing officer
13.18 	appointed by the commissioner of education from a list
13.19 	maintained for that purpose.  At the conclusion of a hearing
13.20 	requested by 100 or more parents or guardians of students 
13.21 	participants representing local governments that are league
13.22 	members, the person conducting the hearing shall write a report
13.23 	evaluating the extent to which the league has shown that the
13.24 	proposed rule is needed and reasonable and the legality of the
13.25 	proposed rule.  The league shall pay for hearings under this
13.26 	section.

13.27 	EFFECTIVE DATE. This section is effective July 1, 2006.

13.28 	Sec. 13. Minnesota Statutes 2004, section 128C.05, is
13.29 	amended to read:
13.30 	128C.05 TOURNAMENTS, CLASSES OF ATHLETIC COMPETITION.
13.31 		Subdivision 1.Tournaments. The Minnesota State High
13.32 	School League shall establish, conduct, and regulate
13.33 	championship high school tournament activities fine arts and
13.34 	athletic tournaments under this chapter.
13.35 		Subd. 2.Classes. The league shall determine the number
13.36 	of classes in all interscholastic opportunities for athletic and
14.1 	fine arts activities under its jurisdiction.
14.2 	
EFFECTIVE DATE. This section is effective July 1, 2006.

14.3 	Sec. 14. Minnesota Statutes 2004, section 128C.07, is
14.4 	amended to read:
14.5 	128C.07 ARRANGING INTERSCHOLASTIC CONFERENCE MEMBERSHIP;
14.6 	RESOLVING DISPUTES.
14.7 		Subdivision 1.Policy. (a) The league may establish a
14.8 	policy to guide member high schools local government members in
14.9 	forming or altering interscholastic interregional conferences.
14.10 	(b) The league, in consultation with the League of
14.11 	Minnesota Cities and the Minnesota Association of Townships,
14.12 	jointly must develop and publish a process for reaching
14.13 	agreements and resolving disputes about interregional
14.14 	conferences, the forming or interpreting of joint powers
14.15 	agreements under section 128C.01, subdivision 7, the transfer of
14.16 	personal property between school districts and local government
14.17 	members under section 471.85 for purposes of providing athletic
14.18 	and fine arts noncurricular activities, or other matters related
14.19 	to providing noncurricular activities under this chapter.
14.20 		Subd. 1a.Request. A league member high school that is
14.21 	not in a conference may ask the league to arrange membership for
14.22 	the league member in an interscholastic interregional conference.
14.23 		Subd. 2.Reason not in conference. The reason the member
14.24 	is not in a conference must be:  (1) the conference was
14.25 	dissolved, or (2) the member was involuntarily excluded.
14.26 		Subd. 3.Prerequisite:  180-day good faith effort.
 14.27 	Before asking the league to arrange membership, the school local
14.28 	government must make a good faith attempt over at least 180 days
14.29 	to join a conference.  The 180 days run from the date of
14.30 	the school's local government's first written request to join or
14.31 	rejoin a conference.
14.32 		Subd. 4.League deadline:  90 days. The league must
14.33 	arrange the conference membership within 90 days after receiving
14.34 	a timely written request from a league member high school.
14.35 		Subd. 5.Must use criteria. The league must follow its
14.36 	criteria in arranging the conference membership.
15.1 		Subd. 6.Right to hearing, notice. (a) The
15.2 	requesting school or a high school local government already in
15.3 	the conference that is the subject of the proposed arrangement
15.4 	may request a timely public hearing on the proposed arrangement.
15.5 	(b) The league must notify the schools local governments 
15.6 	mentioned in paragraph (a) of the right to a hearing.
15.7 		Subd. 7.Decision is binding. The league's final
15.8 	decision on a matter of conference membership under this section
15.9 	is binding on all of the schools local governments required to
15.10 	be notified of the right to a hearing.
15.11 		Subd. 8.Otherwise, conferences are voluntary. Except to
15.12 	the extent the league arranges conference membership under this
15.13 	section, an interscholastic a conference of schools local
15.14 	governments participating in activities delegated to the league
15.15 	may be formed and changed freely.
15.16 	
EFFECTIVE DATE. This section is effective July 1, 2006.

15.17 	Sec. 15. Minnesota Statutes 2004, section 128C.08, is
15.18 	amended to read:
15.19 	128C.08 ASSAULTING A SPORTS OFFICIAL PROHIBITED.
15.20 		Subdivision 1.Definitions. For the purposes of this
15.21 	section, the following terms have the meaning given in this
15.22 	subdivision.
15.23 	"Assault" is (1) an act done with intent to cause fear in
15.24 	another of immediate bodily harm or death, or (2) the infliction
15.25 	of or attempt to inflict bodily harm upon another.
15.26 	"Sports official" is a person who serves as an umpire,
15.27 	referee, judge, linesperson, timer, scorekeeper, or in another
15.28 	similar capacity for an interscholastic a league-sponsored 
15.29 	athletic activity.
15.30 	"Interscholastic athletic activity" or "activity" means an
15.31 	interscholastic athletic activity whose control, supervision,
15.32 	and regulation have been delegated to the Minnesota State High
15.33 	School League pursuant to section 128C.01.
15.34 		Subd. 2.Prohibited conduct. Any person who assaults a
15.35 	sports official in connection with an interscholastic a
15.36 	league-sponsored athletic activity may be excluded from
16.1 	attending an activity for up to 12 months.
16.2 		Subd. 3.Sanction. The board of directors of the
16.3 	Minnesota State High School League or a school board local
16.4 	government may exclude any person except as provided in
16.5 	subdivision 5.
16.6 	The board of directors of the Minnesota State High School
16.7 	League may exclude a person from:
16.8 	(1) any activity of the kind in connection with which the
16.9 	assault occurred; or
16.10 	(2) all interscholastic league-sponsored athletic
16.11 	activities.
16.12 	A school board local government may exclude a person from
16.13 	any league-sponsored activity sponsored or participated in by
16.14 	the school district in which the local government participates.
16.15 		Subd. 4.Procedure. The board of directors of the
16.16 	Minnesota State High School League or a school board local
16.17 	government may exclude a person from any interscholastic 
16.18 	athletic activity if the person assaulted a sports official in
16.19 	connection with an activity.  A person alleged to have assaulted
16.20 	a sports official shall be entitled to an informal hearing on
16.21 	the matter by the board of directors of the Minnesota State High
16.22 	School League or school board local government.  Upon finding
16.23 	that the person assaulted a sports official, the board of
16.24 	directors of the Minnesota State High School League or school 
16.25 	governing board of the local government shall notify the
16.26 	individual in writing and shall indicate any activity from
16.27 	which, and the period of time for which, the person is excluded.
16.28 		Subd. 5.Head varsity coach. A head varsity coach may be
16.29 	excluded under this section only by the school governing board
16.30 	employing the coach.
16.31 	
EFFECTIVE DATE. This section is effective July 1, 2006.

16.32 	Sec. 16. Minnesota Statutes 2004, section 275.70,
16.33 	subdivision 5, is amended to read:
16.34 		Subd. 5.Special levies.  "Special levies" means those
16.35 	portions of ad valorem taxes levied by a local governmental unit
16.36 	for the following purposes or in the following manner:
17.1 	(1) to pay the costs of the principal and interest on
17.2 	bonded indebtedness or to reimburse for the amount of liquor
17.3 	store revenues used to pay the principal and interest due on
17.4 	municipal liquor store bonds in the year preceding the year for
17.5 	which the levy limit is calculated;
17.6 	(2) to pay the costs of principal and interest on
17.7 	certificates of indebtedness issued for any corporate purpose
17.8 	except for the following:
17.9 	(i) tax anticipation or aid anticipation certificates of
17.10 	indebtedness;
17.11 	(ii) certificates of indebtedness issued under sections
17.12 	298.28 and 298.282;
17.13 	(iii) certificates of indebtedness used to fund current
17.14 	expenses or to pay the costs of extraordinary expenditures that
17.15 	result from a public emergency; or
17.16 	(iv) certificates of indebtedness used to fund an
17.17 	insufficiency in tax receipts or an insufficiency in other
17.18 	revenue sources;
17.19 	(3) to provide for the bonded indebtedness portion of
17.20 	payments made to another political subdivision of the state of
17.21 	Minnesota;
17.22 	(4) to fund payments made to the Minnesota State Armory
17.23 	Building Commission under section 193.145, subdivision 2, to
17.24 	retire the principal and interest on armory construction bonds;
17.25 	(5) property taxes approved by voters which are levied
17.26 	against the referendum market value as provided under section
17.27 	275.61;
17.28 	(6) to fund matching requirements needed to qualify for
17.29 	federal or state grants or programs to the extent that either
17.30 	(i) the matching requirement exceeds the matching requirement in
17.31 	calendar year 2001, or (ii) it is a new matching requirement
17.32 	that did not exist prior to 2002;
17.33 	(7) to pay the expenses reasonably and necessarily incurred
17.34 	in preparing for or repairing the effects of natural disaster
17.35 	including the occurrence or threat of widespread or severe
17.36 	damage, injury, or loss of life or property resulting from
18.1 	natural causes, in accordance with standards formulated by the
18.2 	Emergency Services Division of the state Department of Public
18.3 	Safety, as allowed by the commissioner of revenue under section
18.4 	275.74, subdivision 2;
18.5 	(8) pay amounts required to correct an error in the levy
18.6 	certified to the county auditor by a city or county in a levy
18.7 	year, but only to the extent that when added to the preceding
18.8 	year's levy it is not in excess of an applicable statutory,
18.9 	special law or charter limitation, or the limitation imposed on
18.10 	the governmental subdivision by sections 275.70 to 275.74 in the
18.11 	preceding levy year;
18.12 	(9) to pay an abatement under section 469.1815;
18.13 	(10) to pay any costs attributable to increases in the
18.14 	employer contribution rates under chapter 353 that are effective
18.15 	after June 30, 2001;
18.16 	(11) to pay the operating or maintenance costs of a county
18.17 	jail as authorized in section 641.01 or 641.262, or of a
18.18 	correctional facility as defined in section 241.021, subdivision
18.19 	1, paragraph (f), to the extent that the county can demonstrate
18.20 	to the commissioner of revenue that the amount has been included
18.21 	in the county budget as a direct result of a rule, minimum
18.22 	requirement, minimum standard, or directive of the Department of
18.23 	Corrections, or to pay the operating or maintenance costs of a
18.24 	regional jail as authorized in section 641.262.  For purposes of
18.25 	this clause, a district court order is not a rule, minimum
18.26 	requirement, minimum standard, or directive of the Department of
18.27 	Corrections.  If the county utilizes this special levy, except
18.28 	to pay operating or maintenance costs of a new regional jail
18.29 	facility under sections 641.262 to 641.264 which will not
18.30 	replace an existing jail facility, any amount levied by the
18.31 	county in the previous levy year for the purposes specified
18.32 	under this clause and included in the county's previous year's
18.33 	levy limitation computed under section 275.71, shall be deducted
18.34 	from the levy limit base under section 275.71, subdivision 2,
18.35 	when determining the county's current year levy limitation.  The
18.36 	county shall provide the necessary information to the
19.1 	commissioner of revenue for making this determination;
19.2 	(12) to pay for operation of a lake improvement district,
19.3 	as authorized under section 103B.555.  If the county utilizes
19.4 	this special levy, any amount levied by the county in the
19.5 	previous levy year for the purposes specified under this clause
19.6 	and included in the county's previous year's levy limitation
19.7 	computed under section 275.71 shall be deducted from the levy
19.8 	limit base under section 275.71, subdivision 2, when determining
19.9 	the county's current year levy limitation.  The county shall
19.10 	provide the necessary information to the commissioner of revenue
19.11 	for making this determination;
19.12 	(13) to repay a state or federal loan used to fund the
19.13 	direct or indirect required spending by the local government due
19.14 	to a state or federal transportation project or other state or
19.15 	federal capital project.  This authority may only be used if the
19.16 	project is not a local government initiative;
19.17 	(14) to pay for court administration costs as required
19.18 	under section 273.1398, subdivision 4b, less the (i) county's
19.19 	share of transferred fines and fees collected by the district
19.20 	courts in the county for calendar year 2001 and (ii) the aid
19.21 	amount certified to be paid to the county in 2004 under section
19.22 	273.1398, subdivision 4c; however, for taxes levied to pay for
19.23 	these costs in the year in which the court financing is
19.24 	transferred to the state, the amount under this clause is
19.25 	limited to the amount of aid the county is certified to receive
19.26 	under section 273.1398, subdivision 4a; and 
19.27 	(15) to fund a police or firefighters relief association as
19.28 	required under section 69.77 to the extent that the required
19.29 	amount exceeds the amount levied for this purpose in 2001; and 
19.30 	(16) to fund noncurricular activities for high school age
19.31 	students under section 128C.01, subdivision 2.
19.32 	
EFFECTIVE DATE. This section is effective for taxes
19.33 	levied in 2006, payable in 2007, and thereafter in any year in
19.34 	which levy limits are imposed.

19.35 	Sec. 17. REVISOR'S INSTRUCTION.
 19.36 	In the next editions of Minnesota Statutes and Minnesota
20.1 	Rules, the revisor shall substitute the name "Minnesota Youth
20.2 	Fine Arts and Athletic League" for "Minnesota State High School
20.3 	League" whenever the name appears in Minnesota Statutes and
20.4 	Minnesota Rules in connection with the entity regulated under
20.5 	Minnesota Statutes, chapter 128C.

20.6 	Sec. 18. REPEALER.
 20.7 	Minnesota Statutes 2004, section 124D.095, subdivision 5,
20.8 	is repealed July 1, 2006.