Bill Text: MN SF56 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: School district and charter school salary freeze imposition; safe schools levy set aside requirement removal; staff development reserved revenue and school district contract deadline and penalty repeal
Spectrum: Partisan Bill (Republican 8-0)
Status: (Engrossed - Dead) 2011-04-14 - Senate not concur, conference committee of 5 requested [SF56 Detail]
Download: Minnesota-2011-SF56-Introduced.html
Bill Title: School district and charter school salary freeze imposition; safe schools levy set aside requirement removal; staff development reserved revenue and school district contract deadline and penalty repeal
Spectrum: Partisan Bill (Republican 8-0)
Status: (Engrossed - Dead) 2011-04-14 - Senate not concur, conference committee of 5 requested [SF56 Detail]
Download: Minnesota-2011-SF56-Introduced.html
1.2relating to education; providing school district budget relief;amending
1.3Minnesota Statutes 2010, section 126C.44; repealing Minnesota Statutes 2010,
1.4sections 122A.61; 123B.05.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 126C.44, is amended to read:
1.7126C.44 SAFE SCHOOLS LEVY.
1.8 (a) Each district may make a levy on all taxable property located within the district
1.9for the purposes specified in this section. The maximum amount which may be levied
1.10for all costs under this section shall be equal to $30 multiplied by the district's adjusted
1.11marginal cost pupil units for the school year. The proceeds of the levy must be reserved and
1.12used for directly funding the following purposes or for reimbursing the cities and counties
1.13who contract with the district for the following purposes: (1) to pay the costs incurred for
1.14the salaries, benefits, and transportation costs of peace officers and sheriffs for liaison in
1.15services in the district's schools; (2) to pay the costs for a drug abuse prevention program
1.16as defined in section609.101, subdivision 3 , paragraph (e), in the elementary schools;
1.17(3) to pay the costs for a gang resistance education training curriculum in the district's
1.18schools; (4) to pay the costs for security in the district's schools and on school property; (5)
1.19to pay the costs for other crime prevention, drug abuse, student and staff safety, voluntary
1.20opt-in suicide prevention tools, and violence prevention measures taken by the school
1.21district; or (6) to pay costs for licensed school counselors, licensed school nurses, licensed
1.22school social workers, licensed school psychologists, and licensed alcohol and chemical
1.23dependency counselors to help provide early responses to problems. For expenditures
1.24under clause (1), the district must initially attempt to contract for services to be provided
2.1by peace officers or sheriffs with the police department of each city or the sheriff's
2.2department of the county within the district containing the school receiving the services. If
2.3a local police department or a county sheriff's department does not wish to provide the
2.4necessary services, the district may contract for these services with any other police or
2.5sheriff's department located entirely or partially within the school district's boundaries.
2.6 (b) A school district that is a member of an intermediate school district may
2.7include in its authority under this section the costs associated with safe schools activities
2.8authorized under paragraph (a) for intermediate school district programs. This authority
2.9must not exceed $10 times the adjusted marginal cost pupil units of the member districts.
2.10This authority is in addition to any other authority authorized under this section. Revenue
2.11raised under this paragraph must be transferred to the intermediate school district.
2.12(c) A school district must set aside at least $3 per adjusted marginal cost pupil
2.13unit of the safe schools levy proceeds for the purposes authorized under paragraph (a),
2.14clause (6). The district must annually certify either that: (1) its total spending on services
2.15provided by the employees listed in paragraph (a), clause (6), is not less than the sum of
2.16its expenditures for these purposes, excluding amounts spent under this section, in the
2.17previous year plus the amount spent under this section; or (2) that the district's full-time
2.18equivalent number of employees listed in paragraph (a), clause (6), is not less than the
2.19number for the previous year.
2.20EFFECTIVE DATE.This section is effective July 1, 2011.
2.21 Sec. 2. SALARY FREEZE.
2.22 Subdivision 1. Salary increases prohibited. (a) From the effective date of this
2.23section through June 30, 2013, a school district or charter school must not increase the
2.24rate of salary or wages for any employee. This section prohibits any increase including,
2.25but not limited to, across-the-board increases; cost-of-living adjustments; increases based
2.26on longevity; increases as a result of step and lane changes; increases in the form of
2.27lump-sum payments; increases in employer contributions to deferred compensation plans;
2.28or any other pay grade adjustments of any kind. For purposes of this section, salary or
2.29wages does not include employer contributions toward the cost of medical or dental
2.30insurance premiums, provided that employee contributions to the costs of medical or
2.31dental insurance premiums are not decreased.
2.32(b) This section does not prohibit an increase in the rate of salary and wages for an
2.33employee who is promoted or transferred to a position with greater job responsibilities.
2.34Additional educational credits or degrees or a lane change is not a promotion or a transfer
2.35to a position with greater job responsibilities. This section also does not prohibit a school
3.1district or charter school from implementing an alternative compensation program
3.2approved by the commissioner of the Department of Education. The commissioner may
3.3approve an alternative compensation program at the commissioner's sole discretion.
3.4 Subd. 2. Contracts in effect. (a) This section does not prohibit a school district or
3.5charter school from effectuating an increase in the rate of salary or wages for employees
3.6if required by a contract or collective bargaining agreement that is in effect before the
3.7effective date of this section. However, from the effective date of this section until June
3.830, 2013, a school district or charter school may not:
3.9(1) enter into a new contract or collective bargaining agreement that increases salary
3.10or wages in a manner prohibited by this section; or
3.11(2) increase the rate of salary or wages for employees through extension of an expired
3.12contract or collective bargaining agreement or any other arrangement or agreement.
3.13(b) Notwithstanding any law to the contrary, if, as of the effective date of this section,
3.14a school district or charter school has agreed to or entered into a contract or collective
3.15bargaining agreement that is not scheduled to become effective until after the effective
3.16date of this section, any provision of the contract or collective bargaining agreement that
3.17violates subdivision 1, paragraph (a), is void. If this occurs, the exclusive representative
3.18may rescind the entire contract or collective bargaining agreement. To be effective, a
3.19request to rescind the contract must be made within 30 calendar days following the
3.20effective date of this section. Any subsequent contract or collective bargaining agreement
3.21must comply with the terms of this section.
3.22(c) Notwithstanding any law to the contrary, upon expiration of a contract or
3.23collective bargaining agreement, each employee must remain at the rate of salary and wage
3.24in effect at the time the contract expired, except as authorized in subdivision 1, paragraph
3.25(b). Any language in a contract or collective bargaining agreement that attempts to extend
3.26the terms of the contract or collective bargaining agreement is invalid if it seeks to extend
3.27the application of the terms of a collective bargaining agreement past the durational limits
3.28set forth in Minnesota Statutes, section 179A.20, subdivision 3.
3.29 Subd. 3. Future contracts. A contract or collective bargaining agreement or
3.30compensation plan entered into after June 30, 2013, must not provide a retroactive salary
3.31or wage increase that applies to a period before June 30, 2013, if that increase would be
3.32prohibited by this section if granted before June 30, 2013.
3.33 Subd. 4. Arbitration and strikes. Notwithstanding any law to the contrary:
3.34(1) employees of a school district or charter school may not legally strike due to a
3.35school district or charter school's refusal to grant a salary or wage increase if the refusal is
3.36required to comply with this section; and
4.1(2) neither a school district or charter school nor an exclusive representative may
4.2request interest arbitration in relation to an increase in the rate of salary or wages that is
4.3prohibited by this section and an arbitrator may not issue an award that would increase
4.4salary or wages in a manner prohibited by this section.
4.5 Subd. 5. Relation to other law. This section supersedes Minnesota Statutes,
4.6chapter 179A, and any other law to the contrary. It is not an unfair labor practice under
4.7Minnesota Statutes, chapter 179A, for a school district or charter school to take any action
4.8required to comply with this section.
4.9EFFECTIVE DATE.This section is effective the day following final enactment.
4.10Subdivisions 1, 2, 4, and 5 expire on June 30, 2013.
4.11 Sec. 3. REPEALER.
4.12Minnesota Statutes 2010, sections 122A.61; and 123B.05, are repealed.
4.13EFFECTIVE DATE.This section is effective July 1, 2011.
1.3Minnesota Statutes 2010, section 126C.44; repealing Minnesota Statutes 2010,
1.4sections 122A.61; 123B.05.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 126C.44, is amended to read:
1.7126C.44 SAFE SCHOOLS LEVY.
1.8 (a) Each district may make a levy on all taxable property located within the district
1.9for the purposes specified in this section. The maximum amount which may be levied
1.10for all costs under this section shall be equal to $30 multiplied by the district's adjusted
1.11marginal cost pupil units for the school year. The proceeds of the levy must be reserved and
1.12used for directly funding the following purposes or for reimbursing the cities and counties
1.13who contract with the district for the following purposes: (1) to pay the costs incurred for
1.14the salaries, benefits, and transportation costs of peace officers and sheriffs for liaison in
1.15services in the district's schools; (2) to pay the costs for a drug abuse prevention program
1.16as defined in section
1.17(3) to pay the costs for a gang resistance education training curriculum in the district's
1.18schools; (4) to pay the costs for security in the district's schools and on school property; (5)
1.19to pay the costs for other crime prevention, drug abuse, student and staff safety, voluntary
1.20opt-in suicide prevention tools, and violence prevention measures taken by the school
1.21district; or (6) to pay costs for licensed school counselors, licensed school nurses, licensed
1.22school social workers, licensed school psychologists, and licensed alcohol and chemical
1.23dependency counselors to help provide early responses to problems. For expenditures
1.24under clause (1), the district must initially attempt to contract for services to be provided
2.1by peace officers or sheriffs with the police department of each city or the sheriff's
2.2department of the county within the district containing the school receiving the services. If
2.3a local police department or a county sheriff's department does not wish to provide the
2.4necessary services, the district may contract for these services with any other police or
2.5sheriff's department located entirely or partially within the school district's boundaries.
2.6 (b) A school district that is a member of an intermediate school district may
2.7include in its authority under this section the costs associated with safe schools activities
2.8authorized under paragraph (a) for intermediate school district programs. This authority
2.9must not exceed $10 times the adjusted marginal cost pupil units of the member districts.
2.10This authority is in addition to any other authority authorized under this section. Revenue
2.11raised under this paragraph must be transferred to the intermediate school district.
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20EFFECTIVE DATE.This section is effective July 1, 2011.
2.21 Sec. 2. SALARY FREEZE.
2.22 Subdivision 1. Salary increases prohibited. (a) From the effective date of this
2.23section through June 30, 2013, a school district or charter school must not increase the
2.24rate of salary or wages for any employee. This section prohibits any increase including,
2.25but not limited to, across-the-board increases; cost-of-living adjustments; increases based
2.26on longevity; increases as a result of step and lane changes; increases in the form of
2.27lump-sum payments; increases in employer contributions to deferred compensation plans;
2.28or any other pay grade adjustments of any kind. For purposes of this section, salary or
2.29wages does not include employer contributions toward the cost of medical or dental
2.30insurance premiums, provided that employee contributions to the costs of medical or
2.31dental insurance premiums are not decreased.
2.32(b) This section does not prohibit an increase in the rate of salary and wages for an
2.33employee who is promoted or transferred to a position with greater job responsibilities.
2.34Additional educational credits or degrees or a lane change is not a promotion or a transfer
2.35to a position with greater job responsibilities. This section also does not prohibit a school
3.1district or charter school from implementing an alternative compensation program
3.2approved by the commissioner of the Department of Education. The commissioner may
3.3approve an alternative compensation program at the commissioner's sole discretion.
3.4 Subd. 2. Contracts in effect. (a) This section does not prohibit a school district or
3.5charter school from effectuating an increase in the rate of salary or wages for employees
3.6if required by a contract or collective bargaining agreement that is in effect before the
3.7effective date of this section. However, from the effective date of this section until June
3.830, 2013, a school district or charter school may not:
3.9(1) enter into a new contract or collective bargaining agreement that increases salary
3.10or wages in a manner prohibited by this section; or
3.11(2) increase the rate of salary or wages for employees through extension of an expired
3.12contract or collective bargaining agreement or any other arrangement or agreement.
3.13(b) Notwithstanding any law to the contrary, if, as of the effective date of this section,
3.14a school district or charter school has agreed to or entered into a contract or collective
3.15bargaining agreement that is not scheduled to become effective until after the effective
3.16date of this section, any provision of the contract or collective bargaining agreement that
3.17violates subdivision 1, paragraph (a), is void. If this occurs, the exclusive representative
3.18may rescind the entire contract or collective bargaining agreement. To be effective, a
3.19request to rescind the contract must be made within 30 calendar days following the
3.20effective date of this section. Any subsequent contract or collective bargaining agreement
3.21must comply with the terms of this section.
3.22(c) Notwithstanding any law to the contrary, upon expiration of a contract or
3.23collective bargaining agreement, each employee must remain at the rate of salary and wage
3.24in effect at the time the contract expired, except as authorized in subdivision 1, paragraph
3.25(b). Any language in a contract or collective bargaining agreement that attempts to extend
3.26the terms of the contract or collective bargaining agreement is invalid if it seeks to extend
3.27the application of the terms of a collective bargaining agreement past the durational limits
3.28set forth in Minnesota Statutes, section 179A.20, subdivision 3.
3.29 Subd. 3. Future contracts. A contract or collective bargaining agreement or
3.30compensation plan entered into after June 30, 2013, must not provide a retroactive salary
3.31or wage increase that applies to a period before June 30, 2013, if that increase would be
3.32prohibited by this section if granted before June 30, 2013.
3.33 Subd. 4. Arbitration and strikes. Notwithstanding any law to the contrary:
3.34(1) employees of a school district or charter school may not legally strike due to a
3.35school district or charter school's refusal to grant a salary or wage increase if the refusal is
3.36required to comply with this section; and
4.1(2) neither a school district or charter school nor an exclusive representative may
4.2request interest arbitration in relation to an increase in the rate of salary or wages that is
4.3prohibited by this section and an arbitrator may not issue an award that would increase
4.4salary or wages in a manner prohibited by this section.
4.5 Subd. 5. Relation to other law. This section supersedes Minnesota Statutes,
4.6chapter 179A, and any other law to the contrary. It is not an unfair labor practice under
4.7Minnesota Statutes, chapter 179A, for a school district or charter school to take any action
4.8required to comply with this section.
4.9EFFECTIVE DATE.This section is effective the day following final enactment.
4.10Subdivisions 1, 2, 4, and 5 expire on June 30, 2013.
4.11 Sec. 3. REPEALER.
4.12Minnesota Statutes 2010, sections 122A.61; and 123B.05, are repealed.
4.13EFFECTIVE DATE.This section is effective July 1, 2011.
