Bill Text: MN HF219 | 2011-2012 | 87th Legislature | Introduced
Bill Title: School district mandates reduced, additional flexibility allowed, and fund transfers authorized.
Sponsorship: Partisan Bill (Democrat 4)
Status: (Introduced - Dead) 2011-02-09 - Author added Dittrich [HF219 Detail]
Download: Minnesota-2011-HF219-Introduced.html
1.2relating to education finance; reducing school district mandates; allowing
1.3additional flexibility; authorizing certain fund transfers;amending Minnesota
1.4Statutes 2010, sections 120A.41; 123A.15, subdivision 5; 123A.32, subdivision
1.55; 123B.12; 123B.29; 123B.38; 123B.51, subdivision 5; 123B.52, subdivisions
1.61, 1a; 123B.71, subdivision 12; 123B.79, by adding a subdivision; 123B.80,
1.7subdivision 3; 126C.54; 205A.07, subdivisions 3, 3a; 645.13; Laws 2009,
1.8chapter 96, article 2, section 64.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2010, section 120A.41, is amended to read:
1.11120A.41 LENGTH OF SCHOOL YEAR; DAYS OF INSTRUCTION.
1.12(a) A school board's annual school calendar must include at least the number of days
1.13of student instruction the board formally adopted as its school calendar at the beginning of
1.14the 1996-1997 school year.
1.15(b) Notwithstanding paragraph (a), any school district that operated for at least 178
1.16instructional or professional development days during the 2008-2009 school year may
1.17reduce its calendar to not less than 178 calendar days, provided that the total number of
1.18student contact hours is not reduced below the total number of student contact hours
1.19for the 2008-2009 school year.
1.20EFFECTIVE DATE.This section is effective for the 2011-2012 school year and
1.21later.
1.22 Sec. 2. Minnesota Statutes 2010, section 123A.15, subdivision 5, is amended to read:
1.23 Subd. 5. Notice and public hearing on proposed agreement. (a) Before entering
1.24into an agreement, the board of each member district must publish:
2.1(1) a summary of the proposed agreement and its effect upon the district at least
2.2once in a newspaper of general circulation in the district; or
2.3(2) publish a notice of the summary under clause (1) at least once in a newspaper of
2.4general circulation in the district and publish the summary of the proposed agreement and
2.5its effect upon the district on the district's official Web site.
2.6(b) The board must conduct a public hearing on the proposed agreement not more
2.7than ten days after the notice and at least 30 days before entering into an agreement.
2.8EFFECTIVE DATE.This section is effective the day following final enactment.
2.9 Sec. 3. Minnesota Statutes 2010, section 123A.32, subdivision 5, is amended to read:
2.10 Subd. 5. Notice; informational meeting.Prior to Before entering into an
2.11agreement, the board shall consult with the community at an informational meeting. The
2.12board must publish notice of the meeting in the official newspaper of the district or on
2.13the district's official Web site and may send written or electronic notice of the meeting to
2.14parents of pupils who would be affected.
2.15EFFECTIVE DATE.This section is effective the day following final enactment.
2.16 Sec. 4. Minnesota Statutes 2010, section 123B.12, is amended to read:
2.17123B.12 INSUFFICIENT FUNDS TO PAY ORDERS.
2.18(a) In the event that a district or a cooperative unit defined in section123A.24,
2.19subdivision 2 , has insufficient funds to pay its usual lawful current obligations, subject to
2.20section471.69 , the board may enter into agreements with banks or any person to take its
2.21orders. Any order drawn, after having been presented to the treasurer for payment and not
2.22paid for want of funds shall be endorsed by the treasurer by putting on the back thereof
2.23the words "not paid for want of funds," giving the date of endorsement and signed by the
2.24treasurer. A record of such presentment, nonpayment and endorsement shall be made by
2.25the treasurer. The treasurer shall serve a written notice upon the payee or the payee's
2.26assignee, personally, or by mail, when the treasurer is prepared to pay such orders. The
2.27notice may be directed to the payee or the payee's assignee at the address given in writing
2.28by such payee or assignee to such treasurer, at any time prior to the service of such notice.
2.29No order shall draw any interest if such address is not given when the same is unknown to
2.30the treasurer, and no order shall draw any interest after the service of such notice.
2.31(b) A district may enter, subject to section471.69 , into a line of credit agreement with
2.32a financial institution. The amount of credit available must not exceed95 380 percent of
3.1average expenditure per month of operating expenditures in the previous fiscal year. Any
3.2amount advanced must be repaid no later than45 120 days after the day of advancement.
3.3EFFECTIVE DATE.This section is effective the day following final enactment.
3.4 Sec. 5. Minnesota Statutes 2010, section 123B.29, is amended to read:
3.5123B.29 SALE AT AUCTION.
3.6Notwithstanding sections123B.52, subdivision 1 ,
471.345 or any other law, the
3.7board of a school district or of a cooperative center for vocational education may, in lieu
3.8of advertising for bids, sell at public auction to the highest responsible bidder a building
3.9constructed or to be constructed by a secondary or postsecondary school student or class
3.10as a school assignment. A board shall publish notice of a sale at least two weeks before
3.11the sale in the official newspaper of the district, or in the case of a cooperative center, in
3.12the officialnewspapers newspaper of each of the member districts district, and may, at
3.13its discretion, publish additional notice in the official paper or elsewhere, including an
3.14official board or district Web site. A building may be withdrawn from saleprior to the
3.15completion of before completing the sale unless the auction has been announced to be
3.16without reserve. If the sale is made at public auction, a duly licensed auctioneer must be
3.17retained to conduct the sale. The auctioneer shall be paid from the proceeds of the sale or
3.18from any funds available to the board which are not otherwise restricted or encumbered.
3.19EFFECTIVE DATE.This section is effective the day following final enactment.
3.20 Sec. 6. Minnesota Statutes 2010, section 123B.38, is amended to read:
3.21123B.38 HEARING.
3.22Beforethe initiation of initiating any fee not authorized or prohibited by sections
3.23123B.36
and
123B.37 , the local board must hold a public hearing within the district upon
3.24three weeks published notice in the district's official newspaper or on the district's official
3.25Web site, or such notice as is otherwise required for a regular board meeting given three
3.26weeks before the hearing onthe proposed adoption of the a proposal to adopt a policy.
3.27EFFECTIVE DATE.This section is effective the day following final enactment.
3.28 Sec. 7. Minnesota Statutes 2010, section 123B.51, subdivision 5, is amended to read:
3.29 Subd. 5. Schoolhouse closing. The board may close a schoolhouse only after a
3.30public hearing on the question of the necessity and practicability of the proposed closing.
3.31Published notice of the hearing shall be given for two weeks in the official newspaper of
4.1the district. The district may specify the time and place of the meeting, the description
4.2and location of the schoolhouse, and a statement of the reasons for the closingmust
4.3be specified in the notice on the district's official Web site. Parties requesting to give
4.4testimony for and against the proposal shall be heard by the board before it makes a final
4.5decision to close or not to close the schoolhouse.
4.6EFFECTIVE DATE.This section is effective the day following final enactment.
4.7 Sec. 8. Minnesota Statutes 2010, section 123B.52, subdivision 1, is amended to read:
4.8 Subdivision 1. Contracts. A contract for work or labor, or for the purchase of
4.9furniture, fixtures, or other property, except books registered under the copyright laws, or
4.10for the construction or repair of school houses, the estimated cost or value of which shall
4.11exceed that specified in section471.345, subdivision 3 , must not be made by the school
4.12board without first advertising for bids or proposals by two weeks' published notice in the
4.13official newspaper.This That portion of the notice must state stating the time and place
4.14of for receiving bids and contain a brief description of describing the subject matter of the
4.15bids must be published in the official district newspaper or on the district's official Web site.
4.16 Additional publication in the official newspaper or elsewhere, including a district's
4.17official Web site, may be made as the board shall deem necessary.
4.18 After taking into consideration conformity with the specifications, terms of delivery,
4.19and other conditions imposed in the call for bids, every such contract for which a call for
4.20bids has been issued must be awarded to the lowest responsible bidder, be duly executed
4.21in writing, and be otherwise conditioned as required by law. The person to whom the
4.22contract is awarded shall give a sufficient bond to the board for its faithful performance.
4.23Notwithstanding section574.26 or any other law to the contrary, on a contract limited
4.24to the purchase of a finished tangible product, a board may require, at its discretion, a
4.25performance bond of a contractor in the amount the board considers necessary. A record
4.26must be kept of all bids, with names of bidders and amount of bids, and with the successful
4.27bid indicated thereon. A bid containing an alteration or erasure of any price contained in
4.28the bid which is used in determining the lowest responsible bid must be rejected unless the
4.29alteration or erasure is corrected as provided in this section. An alteration or erasure may
4.30be crossed out and the correction thereof printed in ink or typewritten adjacent thereto and
4.31initialed in ink by the person signing the bid. In the case of identical low bids from two or
4.32more bidders, the board may, at its discretion, utilize negotiated procurement methods
4.33with the tied low bidders for that particular transaction, so long as the price paid does not
4.34exceed the low tied bid price. In the case where only a single bid is received, the board
4.35may, at its discretion, negotiate a mutually agreeable contract with the bidder so long as
5.1the price paid does not exceed the original bid. If no satisfactory bid is received, the
5.2board may readvertise. Standard requirement price contracts established for supplies or
5.3services to be purchased by the district must be established by competitive bids. Such
5.4standard requirement price contracts may contain escalation clauses and may provide for a
5.5negotiated price increase or decrease based upon a demonstrable industrywide or regional
5.6increase or decrease in the vendor's costs. Either party to the contract may request that the
5.7other party demonstrate such increase or decrease. The term of such contracts must not
5.8exceed two years with an option on the part of the district to renew for an additional two
5.9years. Contracts forthe purchase of purchasing perishable food items, except milk for
5.10school lunches and vocational training programs, in any amount may be made by direct
5.11negotiation by obtaining two or more written quotations for the purchase or sale, when
5.12possible, without advertising for bids or otherwise complying with the requirements of
5.13this section or section471.345, subdivision 3 . All quotations obtained shall be kept on file
5.14for a period of at least one year after receipt.
5.15 Every contract made withoutcompliance complying with the provisions of this
5.16sectionshall be are void. Except in the case of the destruction of buildings or injury
5.17thereto, where the public interest would suffer by delay, contracts for repairs may be
5.18made without advertising for bids.
5.19EFFECTIVE DATE.This section is effective the day following final enactment.
5.20 Sec. 9. Minnesota Statutes 2010, section 123B.52, subdivision 1a, is amended to read:
5.21 Subd. 1a. Construction contracts. A project labor agreement is a hiring agreement
5.22that establishes wages, uniform work schedules, and rules for dispute resolution to manage
5.23construction projects that generally require, among other things, payment of union dues
5.24or fees to a labor organization or membership in or affiliation with a labor organization.
5.25A school board must adopt at a public meeting a written resolution authorizing a project
5.26labor agreement to construct or repair a facility through a contract or bid. The board must
5.27publish in the official newspaper of the district and may publish on the official Web site of
5.28the district notice of the meeting at least 30 days in advance.
5.29EFFECTIVE DATE.This section is effective the day following final enactment.
5.30 Sec. 10. Minnesota Statutes 2010, section 123B.71, subdivision 12, is amended to read:
5.31 Subd. 12. Publication. (a) At least 20 days but not more than 60 days before a
5.32referendum for bonds or solicitation of bids for a project that has received a positive or
5.33unfavorable review and comment under section123B.70 , the school board shall publish a
6.1summary of the commissioner's review and comment of that project in the legal newspaper
6.2of the district; the district may publish the substance of the summary on the district's
6.3official Web site. Supplementary information in an electronic format or another format
6.4shall be available to the public.
6.5(b) The publication requirement in paragraph (a) does not apply to alternative
6.6facilities projects approved under section123B.59 .
6.7EFFECTIVE DATE.This section is effective the day following final enactment.
6.8 Sec. 11. Minnesota Statutes 2010, section 123B.79, is amended by adding a subdivision
6.9to read:
6.10 Subd. 1a. Account transfers. Notwithstanding any law to the contrary, on June 30
6.11of any year, a school district may transfer funds from any account to another account within
6.12that fund with the exception of the debt redemption fund, provided the account transfer
6.13does not either increase a state aid obligation or grant the district additional levy authority.
6.14EFFECTIVE DATE.This section is effective the day following final enactment.
6.15 Sec. 12. Minnesota Statutes 2010, section 123B.80, subdivision 3, is amended to read:
6.16 Subd. 3. Approval standard. The commissionermay must approve a request only
6.17when an event has occurred in a district that could not have been foreseen by the district.
6.18The event must relate directly to the fund or account involved and to the amount to be
6.19transferred for a fund transfer if the transfer does not increase state aid obligations to the
6.20district or result in additional property tax authority for the district.
6.21EFFECTIVE DATE.This section is effective the day following final enactment.
6.22 Sec. 13. Minnesota Statutes 2010, section 126C.54, is amended to read:
6.23126C.54 REPAYMENT; MATURITY DATE OF CERTIFICATES; INTEREST.
6.24(a) The proceeds of the current tax levies and future state aid receipts or other school
6.25funds which may become available must be applied to the extent necessary to repay
6.26such certificates and the full faith and credit of the district shall be pledged to payment
6.27of the certificates. Certificates issued in anticipation of receipt of aids shall mature not
6.28later than the anticipated date of receipt of the aids as estimated by the commissioner, but
6.29in no event later than three months after the close of the school year in which issued.
6.30Certificates issued in anticipation of receipt of taxes shall mature not later than the
6.31anticipated date of receipt in full of the taxes, but in no event later than three months after
7.1the close of the calendar year in which issued. The certificates must be sold at not less
7.2than par. The certificates must bear interest after maturity until paid at the rate they bore
7.3before maturity and any interest accruing before or after maturity must be paid from
7.4any available school funds.
7.5(b) Notwithstanding any contrary provision in paragraph (a), if the certificates are
7.6issued as taxable obligations on which the interest is includable in gross income for federal
7.7income tax purposes, certificates issued in anticipation of receipt of aids shall mature not
7.8later than 12 months after the close of the school year in which issued and certificates
7.9issued in anticipation of receipt of taxes shall mature not later than 12 months after the
7.10close of the calendar year in which issued.
7.11 Sec. 14. Minnesota Statutes 2010, section 205A.07, subdivision 3, is amended to read:
7.12 Subd. 3. Notice to auditor. At least 67 days before every school district election
7.13held in conjunction with a regularly scheduled primary for federal, state, county, city, or
7.14school board office or a special primary for federal office, at least 74 days before every
7.15school district election held in conjunction with a regularly scheduled general election for
7.16federal, state, county, city, or school board office or a special election for federal office,
7.17and at least 53 days before any other school district election, the school district clerk shall
7.18provide a written or electronic notice to the county auditor of each county in which the
7.19school district is located. The notice must include the date of the election, the offices to be
7.20voted on at the election, and the title and language for each ballot question to be voted
7.21on at the election. For the purposes of meeting the timelines of this section, in a bond
7.22election, a notice, including a proposed question, may be provided to the county auditor
7.23before receipt of a review and comment from the commissioner of education and before
7.24actual initiation of the election. At least 67 days before every school district election held
7.25in conjunction with a regularly scheduled primary for federal, state, county, city, or school
7.26board office or a special primary for federal office, at least 74 days before an election held
7.27in conjunction with a regularly scheduled general election for federal, state, county, city,
7.28or school board office or a special election for federal office, and at least 46 days before
7.29any other election, the school district clerk must provide written or electronic notice to the
7.30county auditor of any special election canceled under section205A.05, subdivision 3 .
7.31 Sec. 15. Minnesota Statutes 2010, section 205A.07, subdivision 3a, is amended to read:
7.32 Subd. 3a. Notice to commissioner of education. At least 67 days before every
7.33school district election held in conjunction with a regularly scheduled primary for federal,
7.34state, county, city, or school board office or a special primary for federal office, at least 74
8.1days before every school district election held in conjunction with a regularly scheduled
8.2general election for federal, state, county, city, or school board office or a special election
8.3for federal office, and at least 49 days before any other school district election, under
8.4section123B.62 ,
123B.63 ,
126C.17 ,
126C.69 , or
475.58 , the school district clerk shall
8.5provide a written or electronic notice to the commissioner of education. The notice must
8.6include the date of the election and the title and language for each ballot question to
8.7be voted on at the election. At least 67 days before every school district election held
8.8in conjunction with a regularly scheduled primary for federal, state, county, city, or
8.9school board office or a special primary for federal office, at least 74 days before every
8.10school district election held in conjunction with a regularly scheduled general election
8.11for federal, state, county, city, or school board office or a special election for federal
8.12office, and at least 46 days before any other school district election, the school district
8.13clerk must provide a written or electronic notice to the commissioner of education of
8.14any special election canceled under section205A.05, subdivision 3 . The certified vote
8.15totals for each ballot question shall be provided in a written or electronic notice to the
8.16commissioner in a timely manner.
8.17 Sec. 16. Minnesota Statutes 2010, section 645.13, is amended to read:
8.18645.13 TIME; PUBLICATION FOR SUCCESSIVE WEEKS.
8.19When the term "successive weeks" is used in any law providing for the publishing of
8.20notices, the word "weeks" shall be construed as calendar weeks. The publication upon any
8.21day of such weeks shall be sufficient publication for that week, but at least five days shall
8.22elapse between each publication. At least the number of weeks specified in "successive
8.23weeks" shall elapse between the first publication and the day for the happening of the
8.24event for which the publication is made. Where notice is published using an electronic
8.25format, the term "successive weeks" must be construed consistent with the parameters
8.26of that format.
8.27EFFECTIVE DATE.This section is effective the day following final enactment.
8.28 Sec. 17. Laws 2009, chapter 96, article 2, section 64, is amended to read:
8.29 Sec. 64. RESERVED REVENUE FOR STAFF DEVELOPMENT;
8.30TEMPORARY SUSPENSION.
8.31(a) Notwithstanding Minnesota Statutes, section122A.61, subdivision 1 , for fiscal
8.32years 2010and 2011 through 2014 only, a school district or charter school may use revenue
8.33reserved for staff development under Minnesota Statutes, section122A.61, subdivision 1 ,
9.1according to the requirements of general education revenue under Minnesota Statutes,
9.2section126C.13, subdivision 5 .
9.3(b) On June 30, 2011, a school district may permanently transfer any balance from
9.4the reserved account for staff development to the undesignated general fund balance.
1.3additional flexibility; authorizing certain fund transfers;amending Minnesota
1.4Statutes 2010, sections 120A.41; 123A.15, subdivision 5; 123A.32, subdivision
1.55; 123B.12; 123B.29; 123B.38; 123B.51, subdivision 5; 123B.52, subdivisions
1.61, 1a; 123B.71, subdivision 12; 123B.79, by adding a subdivision; 123B.80,
1.7subdivision 3; 126C.54; 205A.07, subdivisions 3, 3a; 645.13; Laws 2009,
1.8chapter 96, article 2, section 64.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2010, section 120A.41, is amended to read:
1.11120A.41 LENGTH OF SCHOOL YEAR; DAYS OF INSTRUCTION.
1.12(a) A school board's annual school calendar must include at least the number of days
1.13of student instruction the board formally adopted as its school calendar at the beginning of
1.14the 1996-1997 school year.
1.15(b) Notwithstanding paragraph (a), any school district that operated for at least 178
1.16instructional or professional development days during the 2008-2009 school year may
1.17reduce its calendar to not less than 178 calendar days, provided that the total number of
1.18student contact hours is not reduced below the total number of student contact hours
1.19for the 2008-2009 school year.
1.20EFFECTIVE DATE.This section is effective for the 2011-2012 school year and
1.21later.
1.22 Sec. 2. Minnesota Statutes 2010, section 123A.15, subdivision 5, is amended to read:
1.23 Subd. 5. Notice and public hearing on proposed agreement. (a) Before entering
1.24into an agreement, the board of each member district must publish:
2.1(1) a summary of the proposed agreement and its effect upon the district at least
2.2once in a newspaper of general circulation in the district; or
2.3(2) publish a notice of the summary under clause (1) at least once in a newspaper of
2.4general circulation in the district and publish the summary of the proposed agreement and
2.5its effect upon the district on the district's official Web site.
2.6(b) The board must conduct a public hearing on the proposed agreement not more
2.7than ten days after the notice and at least 30 days before entering into an agreement.
2.8EFFECTIVE DATE.This section is effective the day following final enactment.
2.9 Sec. 3. Minnesota Statutes 2010, section 123A.32, subdivision 5, is amended to read:
2.10 Subd. 5. Notice; informational meeting.
2.11agreement, the board shall consult with the community at an informational meeting. The
2.12board must publish notice of the meeting in the official newspaper of the district or on
2.13the district's official Web site and may send written or electronic notice of the meeting to
2.14parents of pupils who would be affected.
2.15EFFECTIVE DATE.This section is effective the day following final enactment.
2.16 Sec. 4. Minnesota Statutes 2010, section 123B.12, is amended to read:
2.17123B.12 INSUFFICIENT FUNDS TO PAY ORDERS.
2.18(a) In the event that a district or a cooperative unit defined in section
2.19subdivision 2
2.20section
2.21orders. Any order drawn, after having been presented to the treasurer for payment and not
2.22paid for want of funds shall be endorsed by the treasurer by putting on the back thereof
2.23the words "not paid for want of funds," giving the date of endorsement and signed by the
2.24treasurer. A record of such presentment, nonpayment and endorsement shall be made by
2.25the treasurer. The treasurer shall serve a written notice upon the payee or the payee's
2.26assignee, personally, or by mail, when the treasurer is prepared to pay such orders. The
2.27notice may be directed to the payee or the payee's assignee at the address given in writing
2.28by such payee or assignee to such treasurer, at any time prior to the service of such notice.
2.29No order shall draw any interest if such address is not given when the same is unknown to
2.30the treasurer, and no order shall draw any interest after the service of such notice.
2.31(b) A district may enter, subject to section
2.32a financial institution. The amount of credit available must not exceed
3.1average expenditure per month of operating expenditures in the previous fiscal year. Any
3.2amount advanced must be repaid no later than
3.3EFFECTIVE DATE.This section is effective the day following final enactment.
3.4 Sec. 5. Minnesota Statutes 2010, section 123B.29, is amended to read:
3.5123B.29 SALE AT AUCTION.
3.6Notwithstanding sections
3.7board of a school district or of a cooperative center for vocational education may, in lieu
3.8of advertising for bids, sell at public auction to the highest responsible bidder a building
3.9constructed or to be constructed by a secondary or postsecondary school student or class
3.10as a school assignment. A board shall publish notice of a sale at least two weeks before
3.11the sale in the official newspaper of the district, or in the case of a cooperative center, in
3.12the official
3.13its discretion, publish additional notice in the official paper or elsewhere, including an
3.14official board or district Web site. A building may be withdrawn from sale
3.15
3.16without reserve. If the sale is made at public auction, a duly licensed auctioneer must be
3.17retained to conduct the sale. The auctioneer shall be paid from the proceeds of the sale or
3.18from any funds available to the board which are not otherwise restricted or encumbered.
3.19EFFECTIVE DATE.This section is effective the day following final enactment.
3.20 Sec. 6. Minnesota Statutes 2010, section 123B.38, is amended to read:
3.21123B.38 HEARING.
3.22Before
3.24three weeks published notice in the district's official newspaper or on the district's official
3.25Web site, or such notice as is otherwise required for a regular board meeting given three
3.26weeks before the hearing on
3.27EFFECTIVE DATE.This section is effective the day following final enactment.
3.28 Sec. 7. Minnesota Statutes 2010, section 123B.51, subdivision 5, is amended to read:
3.29 Subd. 5. Schoolhouse closing. The board may close a schoolhouse only after a
3.30public hearing on the question of the necessity and practicability of the proposed closing.
3.31Published notice of the hearing shall be given for two weeks in the official newspaper of
4.1the district. The district may specify the time and place of the meeting, the description
4.2and location of the schoolhouse, and a statement of the reasons for the closing
4.3
4.4testimony for and against the proposal shall be heard by the board before it makes a final
4.5decision to close or not to close the schoolhouse.
4.6EFFECTIVE DATE.This section is effective the day following final enactment.
4.7 Sec. 8. Minnesota Statutes 2010, section 123B.52, subdivision 1, is amended to read:
4.8 Subdivision 1. Contracts. A contract for work or labor, or for the purchase of
4.9furniture, fixtures, or other property, except books registered under the copyright laws, or
4.10for the construction or repair of school houses, the estimated cost or value of which shall
4.11exceed that specified in section
4.12board without first advertising for bids or proposals by two weeks' published notice in the
4.13official newspaper.
4.14
4.15bids must be published in the official district newspaper or on the district's official Web site.
4.16 Additional publication in the official newspaper or elsewhere, including a district's
4.17official Web site, may be made as the board shall deem necessary.
4.18 After taking into consideration conformity with the specifications, terms of delivery,
4.19and other conditions imposed in the call for bids, every such contract for which a call for
4.20bids has been issued must be awarded to the lowest responsible bidder, be duly executed
4.21in writing, and be otherwise conditioned as required by law. The person to whom the
4.22contract is awarded shall give a sufficient bond to the board for its faithful performance.
4.23Notwithstanding section
4.24to the purchase of a finished tangible product, a board may require, at its discretion, a
4.25performance bond of a contractor in the amount the board considers necessary. A record
4.26must be kept of all bids, with names of bidders and amount of bids, and with the successful
4.27bid indicated thereon. A bid containing an alteration or erasure of any price contained in
4.28the bid which is used in determining the lowest responsible bid must be rejected unless the
4.29alteration or erasure is corrected as provided in this section. An alteration or erasure may
4.30be crossed out and the correction thereof printed in ink or typewritten adjacent thereto and
4.31initialed in ink by the person signing the bid. In the case of identical low bids from two or
4.32more bidders, the board may, at its discretion, utilize negotiated procurement methods
4.33with the tied low bidders for that particular transaction, so long as the price paid does not
4.34exceed the low tied bid price. In the case where only a single bid is received, the board
4.35may, at its discretion, negotiate a mutually agreeable contract with the bidder so long as
5.1the price paid does not exceed the original bid. If no satisfactory bid is received, the
5.2board may readvertise. Standard requirement price contracts established for supplies or
5.3services to be purchased by the district must be established by competitive bids. Such
5.4standard requirement price contracts may contain escalation clauses and may provide for a
5.5negotiated price increase or decrease based upon a demonstrable industrywide or regional
5.6increase or decrease in the vendor's costs. Either party to the contract may request that the
5.7other party demonstrate such increase or decrease. The term of such contracts must not
5.8exceed two years with an option on the part of the district to renew for an additional two
5.9years. Contracts for
5.10school lunches and vocational training programs, in any amount may be made by direct
5.11negotiation by obtaining two or more written quotations for the purchase or sale, when
5.12possible, without advertising for bids or otherwise complying with the requirements of
5.13this section or section
5.14for a period of at least one year after receipt.
5.15 Every contract made without
5.16section
5.17thereto, where the public interest would suffer by delay, contracts for repairs may be
5.18made without advertising for bids.
5.19EFFECTIVE DATE.This section is effective the day following final enactment.
5.20 Sec. 9. Minnesota Statutes 2010, section 123B.52, subdivision 1a, is amended to read:
5.21 Subd. 1a. Construction contracts. A project labor agreement is a hiring agreement
5.22that establishes wages, uniform work schedules, and rules for dispute resolution to manage
5.23construction projects that generally require, among other things, payment of union dues
5.24or fees to a labor organization or membership in or affiliation with a labor organization.
5.25A school board must adopt at a public meeting a written resolution authorizing a project
5.26labor agreement to construct or repair a facility through a contract or bid. The board must
5.27publish in the official newspaper of the district and may publish on the official Web site of
5.28the district notice of the meeting at least 30 days in advance.
5.29EFFECTIVE DATE.This section is effective the day following final enactment.
5.30 Sec. 10. Minnesota Statutes 2010, section 123B.71, subdivision 12, is amended to read:
5.31 Subd. 12. Publication. (a) At least 20 days but not more than 60 days before a
5.32referendum for bonds or solicitation of bids for a project that has received a positive or
5.33unfavorable review and comment under section
6.1summary of the commissioner's review and comment of that project in the legal newspaper
6.2of the district; the district may publish the substance of the summary on the district's
6.3official Web site. Supplementary information in an electronic format or another format
6.4shall be available to the public.
6.5(b) The publication requirement in paragraph (a) does not apply to alternative
6.6facilities projects approved under section
6.7EFFECTIVE DATE.This section is effective the day following final enactment.
6.8 Sec. 11. Minnesota Statutes 2010, section 123B.79, is amended by adding a subdivision
6.9to read:
6.10 Subd. 1a. Account transfers. Notwithstanding any law to the contrary, on June 30
6.11of any year, a school district may transfer funds from any account to another account within
6.12that fund with the exception of the debt redemption fund, provided the account transfer
6.13does not either increase a state aid obligation or grant the district additional levy authority.
6.14EFFECTIVE DATE.This section is effective the day following final enactment.
6.15 Sec. 12. Minnesota Statutes 2010, section 123B.80, subdivision 3, is amended to read:
6.16 Subd. 3. Approval standard. The commissioner
6.17
6.18
6.19
6.20district or result in additional property tax authority for the district.
6.21EFFECTIVE DATE.This section is effective the day following final enactment.
6.22 Sec. 13. Minnesota Statutes 2010, section 126C.54, is amended to read:
6.23126C.54 REPAYMENT; MATURITY DATE OF CERTIFICATES; INTEREST.
6.24(a) The proceeds of the current tax levies and future state aid receipts or other school
6.25funds which may become available must be applied to the extent necessary to repay
6.26such certificates and the full faith and credit of the district shall be pledged to payment
6.27of the certificates. Certificates issued in anticipation of receipt of aids shall mature not
6.28later than the anticipated date of receipt of the aids as estimated by the commissioner, but
6.29in no event later than three months after the close of the school year in which issued.
6.30Certificates issued in anticipation of receipt of taxes shall mature not later than the
6.31anticipated date of receipt in full of the taxes, but in no event later than three months after
7.1the close of the calendar year in which issued. The certificates must be sold at not less
7.2than par. The certificates must bear interest after maturity until paid at the rate they bore
7.3before maturity and any interest accruing before or after maturity must be paid from
7.4any available school funds.
7.5(b) Notwithstanding any contrary provision in paragraph (a), if the certificates are
7.6issued as taxable obligations on which the interest is includable in gross income for federal
7.7income tax purposes, certificates issued in anticipation of receipt of aids shall mature not
7.8later than 12 months after the close of the school year in which issued and certificates
7.9issued in anticipation of receipt of taxes shall mature not later than 12 months after the
7.10close of the calendar year in which issued.
7.11 Sec. 14. Minnesota Statutes 2010, section 205A.07, subdivision 3, is amended to read:
7.12 Subd. 3. Notice to auditor. At least 67 days before every school district election
7.13held in conjunction with a regularly scheduled primary for federal, state, county, city, or
7.14school board office or a special primary for federal office, at least 74 days before every
7.15school district election held in conjunction with a regularly scheduled general election for
7.16federal, state, county, city, or school board office or a special election for federal office,
7.17and at least 53 days before any other school district election, the school district clerk shall
7.18provide a written or electronic notice to the county auditor of each county in which the
7.19school district is located. The notice must include the date of the election, the offices to be
7.20voted on at the election, and the title and language for each ballot question to be voted
7.21on at the election. For the purposes of meeting the timelines of this section, in a bond
7.22election, a notice, including a proposed question, may be provided to the county auditor
7.23before receipt of a review and comment from the commissioner of education and before
7.24actual initiation of the election. At least 67 days before every school district election held
7.25in conjunction with a regularly scheduled primary for federal, state, county, city, or school
7.26board office or a special primary for federal office, at least 74 days before an election held
7.27in conjunction with a regularly scheduled general election for federal, state, county, city,
7.28or school board office or a special election for federal office, and at least 46 days before
7.29any other election, the school district clerk must provide written or electronic notice to the
7.30county auditor of any special election canceled under section
7.31 Sec. 15. Minnesota Statutes 2010, section 205A.07, subdivision 3a, is amended to read:
7.32 Subd. 3a. Notice to commissioner of education. At least 67 days before every
7.33school district election held in conjunction with a regularly scheduled primary for federal,
7.34state, county, city, or school board office or a special primary for federal office, at least 74
8.1days before every school district election held in conjunction with a regularly scheduled
8.2general election for federal, state, county, city, or school board office or a special election
8.3for federal office, and at least 49 days before any other school district election, under
8.4section
8.5provide a written or electronic notice to the commissioner of education. The notice must
8.6include the date of the election and the title and language for each ballot question to
8.7be voted on at the election. At least 67 days before every school district election held
8.8in conjunction with a regularly scheduled primary for federal, state, county, city, or
8.9school board office or a special primary for federal office, at least 74 days before every
8.10school district election held in conjunction with a regularly scheduled general election
8.11for federal, state, county, city, or school board office or a special election for federal
8.12office, and at least 46 days before any other school district election, the school district
8.13clerk must provide a written or electronic notice to the commissioner of education of
8.14any special election canceled under section
8.15totals for each ballot question shall be provided in a written or electronic notice to the
8.16commissioner in a timely manner.
8.17 Sec. 16. Minnesota Statutes 2010, section 645.13, is amended to read:
8.18645.13 TIME; PUBLICATION FOR SUCCESSIVE WEEKS.
8.19When the term "successive weeks" is used in any law providing for the publishing of
8.20notices, the word "weeks" shall be construed as calendar weeks. The publication upon any
8.21day of such weeks shall be sufficient publication for that week, but at least five days shall
8.22elapse between each publication. At least the number of weeks specified in "successive
8.23weeks" shall elapse between the first publication and the day for the happening of the
8.24event for which the publication is made. Where notice is published using an electronic
8.25format, the term "successive weeks" must be construed consistent with the parameters
8.26of that format.
8.27EFFECTIVE DATE.This section is effective the day following final enactment.
8.28 Sec. 17. Laws 2009, chapter 96, article 2, section 64, is amended to read:
8.29 Sec. 64. RESERVED REVENUE FOR STAFF DEVELOPMENT;
8.30TEMPORARY SUSPENSION.
8.31(a) Notwithstanding Minnesota Statutes, section
8.32years 2010
8.33reserved for staff development under Minnesota Statutes, section
9.1according to the requirements of general education revenue under Minnesota Statutes,
9.2section
9.3(b) On June 30, 2011, a school district may permanently transfer any balance from
9.4the reserved account for staff development to the undesignated general fund balance.
