Bill Text: MN HF1858 | 2011-2012 | 87th Legislature | Introduced
Bill Title: School district operating referenda required to be held at the general election in even-numbered years.
Sponsorship: Partisan Bill (Republican 5)
Status: (Introduced - Dead) 2012-02-20 - Author added Kiffmeyer [HF1858 Detail]
Download: Minnesota-2011-HF1858-Introduced.html
1.2relating to education finance; requiring operating referenda to be conducted
1.3at the general election in even-numbered years;amending Minnesota Statutes
1.42010, section 126C.17, subdivision 9.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 126C.17, subdivision 9, is amended to read:
1.7 Subd. 9. Referendum revenue. (a) The revenue authorized by section126C.10,
1.8subdivision 1 , may be increased in the amount approved by the voters of the district
1.9at a referendum called for the purpose. The referendum may be called by the board.
1.10The referendum must be conducted one or two calendar years before the increased levy
1.11authority, if approved, first becomes payable. Only one election to approve an increase
1.12may be held in a calendar year. Unless the referendum is conducted by mail under
1.13subdivision 11, paragraph (a), the referendum must be held on the first Tuesday after the
1.14first Monday in November of an even-numbered year. The ballot must state the maximum
1.15amount of the increased revenue per resident marginal cost pupil unit. The ballot may state
1.16a schedule, determined by the board, of increased revenue per resident marginal cost pupil
1.17unit that differs from year to year over the number of years for which the increased revenue
1.18is authorized or may state that the amount shall increase annually by the rate of inflation.
1.19For this purpose, the rate of inflation shall be the annual inflationary increase calculated
1.20under subdivision 2, paragraph (b). The ballot may state that existing referendum levy
1.21authority is expiring. In this case, the ballot may also compare the proposed levy authority
1.22to the existing expiring levy authority, and express the proposed increase as the amount, if
1.23any, over the expiring referendum levy authority. The ballot must designate the specific
1.24number of years, not to exceed ten, for which the referendum authorization applies. The
2.1ballot, including a ballot on the question to revoke or reduce the increased revenue amount
2.2under paragraph (c), must abbreviate the term "per resident marginal cost pupil unit" as
2.3"per pupil." The notice required under section275.60 may be modified to read, in cases of
2.4renewing existing levies at the same amount per pupil as in the previous year:
2.5"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING
2.6TO EXTEND AN EXISTING PROPERTY TAX REFERENDUM THAT IS
2.7SCHEDULED TO EXPIRE."
2.8 The ballot may contain a textual portion with the information required in this
2.9subdivision and a question stating substantially the following:
2.10 "Shall the increase in the revenue proposed by (petition to) the board of .........,
2.11School District No. .., be approved?"
2.12 If approved, an amount equal to the approved revenue per resident marginal cost
2.13pupil unit times the resident marginal cost pupil units for the school year beginning in
2.14the year after the levy is certified shall be authorized for certification for the number of
2.15years approved, if applicable, or until revoked or reduced by the voters of the district at a
2.16subsequent referendum.
2.17 (b) The board must prepare and deliver by first class mail at least 15 days but no more
2.18than 30 days before the day of the referendum to each taxpayer a notice of the referendum
2.19and the proposed revenue increase. The board need not mail more than one notice to any
2.20taxpayer. For the purpose of giving mailed notice under this subdivision, owners must be
2.21those shown to be owners on the records of the county auditor or, in any county where
2.22tax statements are mailed by the county treasurer, on the records of the county treasurer.
2.23Every property owner whose name does not appear on the records of the county auditor
2.24or the county treasurer is deemed to have waived this mailed notice unless the owner
2.25has requested in writing that the county auditor or county treasurer, as the case may be,
2.26include the name on the records for this purpose. The notice must project the anticipated
2.27amount of tax increase in annual dollars for typical residential homesteads, agricultural
2.28homesteads, apartments, and commercial-industrial property within the school district.
2.29 The notice for a referendum may state that an existing referendum levy is expiring
2.30and project the anticipated amount of increase over the existing referendum levy in
2.31the first year, if any, in annual dollars for typical residential homesteads, agricultural
2.32homesteads, apartments, and commercial-industrial property within the district.
2.33 The notice must include the following statement: "Passage of this referendum will
2.34result in an increase in your property taxes." However, in cases of renewing existing levies,
2.35the notice may include the following statement: "Passage of this referendum extends an
2.36existing operating referendum at the same amount per pupil as in the previous year."
3.1 (c) A referendum on the question of revoking or reducing the increased revenue
3.2amount authorized pursuant to paragraph (a) may be called by the board. A referendum to
3.3revoke or reduce the revenue amount must state the amount per resident marginal cost
3.4pupil unit by which the authority is to be reduced. Revenue authority approved by the
3.5voters of the district pursuant to paragraph (a) must be available to the school district at
3.6least once before it is subject to a referendum on its revocation or reduction for subsequent
3.7years. Only one revocation or reduction referendum may be held to revoke or reduce
3.8referendum revenue for any specific year and for years thereafter.
3.9 (d) The approval of 50 percent plus one of those voting on the question is required to
3.10pass a referendum authorized by this subdivision.
3.11 (e) At least 15 days before the day of the referendum, the district must submit a
3.12copy of the notice required under paragraph (b) to the commissioner and to the county
3.13auditor of each county in which the district is located. Within 15 days after the results
3.14of the referendum have been certified by the board, or in the case of a recount, the
3.15certification of the results of the recount by the canvassing board, the district must notify
3.16the commissioner of the results of the referendum.
3.17EFFECTIVE DATE.This section is effective for referenda conducted on or after
3.18July 1, 2012.
1.3at the general election in even-numbered years;amending Minnesota Statutes
1.42010, section 126C.17, subdivision 9.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 126C.17, subdivision 9, is amended to read:
1.7 Subd. 9. Referendum revenue. (a) The revenue authorized by section
1.8subdivision 1
1.9at a referendum called for the purpose. The referendum may be called by the board.
1.10The referendum must be conducted one or two calendar years before the increased levy
1.11authority, if approved, first becomes payable. Only one election to approve an increase
1.12may be held in a calendar year. Unless the referendum is conducted by mail under
1.13subdivision 11, paragraph (a), the referendum must be held on the first Tuesday after the
1.14first Monday in November of an even-numbered year. The ballot must state the maximum
1.15amount of the increased revenue per resident marginal cost pupil unit. The ballot may state
1.16a schedule, determined by the board, of increased revenue per resident marginal cost pupil
1.17unit that differs from year to year over the number of years for which the increased revenue
1.18is authorized or may state that the amount shall increase annually by the rate of inflation.
1.19For this purpose, the rate of inflation shall be the annual inflationary increase calculated
1.20under subdivision 2, paragraph (b). The ballot may state that existing referendum levy
1.21authority is expiring. In this case, the ballot may also compare the proposed levy authority
1.22to the existing expiring levy authority, and express the proposed increase as the amount, if
1.23any, over the expiring referendum levy authority. The ballot must designate the specific
1.24number of years, not to exceed ten, for which the referendum authorization applies. The
2.1ballot, including a ballot on the question to revoke or reduce the increased revenue amount
2.2under paragraph (c), must abbreviate the term "per resident marginal cost pupil unit" as
2.3"per pupil." The notice required under section
2.4renewing existing levies at the same amount per pupil as in the previous year:
2.5"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING
2.6TO EXTEND AN EXISTING PROPERTY TAX REFERENDUM THAT IS
2.7SCHEDULED TO EXPIRE."
2.8 The ballot may contain a textual portion with the information required in this
2.9subdivision and a question stating substantially the following:
2.10 "Shall the increase in the revenue proposed by (petition to) the board of .........,
2.11School District No. .., be approved?"
2.12 If approved, an amount equal to the approved revenue per resident marginal cost
2.13pupil unit times the resident marginal cost pupil units for the school year beginning in
2.14the year after the levy is certified shall be authorized for certification for the number of
2.15years approved, if applicable, or until revoked or reduced by the voters of the district at a
2.16subsequent referendum.
2.17 (b) The board must prepare and deliver by first class mail at least 15 days but no more
2.18than 30 days before the day of the referendum to each taxpayer a notice of the referendum
2.19and the proposed revenue increase. The board need not mail more than one notice to any
2.20taxpayer. For the purpose of giving mailed notice under this subdivision, owners must be
2.21those shown to be owners on the records of the county auditor or, in any county where
2.22tax statements are mailed by the county treasurer, on the records of the county treasurer.
2.23Every property owner whose name does not appear on the records of the county auditor
2.24or the county treasurer is deemed to have waived this mailed notice unless the owner
2.25has requested in writing that the county auditor or county treasurer, as the case may be,
2.26include the name on the records for this purpose. The notice must project the anticipated
2.27amount of tax increase in annual dollars for typical residential homesteads, agricultural
2.28homesteads, apartments, and commercial-industrial property within the school district.
2.29 The notice for a referendum may state that an existing referendum levy is expiring
2.30and project the anticipated amount of increase over the existing referendum levy in
2.31the first year, if any, in annual dollars for typical residential homesteads, agricultural
2.32homesteads, apartments, and commercial-industrial property within the district.
2.33 The notice must include the following statement: "Passage of this referendum will
2.34result in an increase in your property taxes." However, in cases of renewing existing levies,
2.35the notice may include the following statement: "Passage of this referendum extends an
2.36existing operating referendum at the same amount per pupil as in the previous year."
3.1 (c) A referendum on the question of revoking or reducing the increased revenue
3.2amount authorized pursuant to paragraph (a) may be called by the board. A referendum to
3.3revoke or reduce the revenue amount must state the amount per resident marginal cost
3.4pupil unit by which the authority is to be reduced. Revenue authority approved by the
3.5voters of the district pursuant to paragraph (a) must be available to the school district at
3.6least once before it is subject to a referendum on its revocation or reduction for subsequent
3.7years. Only one revocation or reduction referendum may be held to revoke or reduce
3.8referendum revenue for any specific year and for years thereafter.
3.9 (d) The approval of 50 percent plus one of those voting on the question is required to
3.10pass a referendum authorized by this subdivision.
3.11 (e) At least 15 days before the day of the referendum, the district must submit a
3.12copy of the notice required under paragraph (b) to the commissioner and to the county
3.13auditor of each county in which the district is located. Within 15 days after the results
3.14of the referendum have been certified by the board, or in the case of a recount, the
3.15certification of the results of the recount by the canvassing board, the district must notify
3.16the commissioner of the results of the referendum.
3.17EFFECTIVE DATE.This section is effective for referenda conducted on or after
3.18July 1, 2012.
