Bill Text: MN SF685 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Capital project referendum ballot language requirements for capital improvement taxing authority renewals modification
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2011-03-09 - Referred to Education [SF685 Detail]
Download: Minnesota-2011-SF685-Introduced.html
1.2relating to education finance; modifying the capital project referendum ballot
1.3language in cases where the same level of taxing authority is renewed;amending
1.4Minnesota Statutes 2010, section 123B.63, subdivision 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 123B.63, subdivision 3, is amended to read:
1.7 Subd. 3. Capital project levy referendum. (a) A district may levy the local tax
1.8rate approved by a majority of the electors voting on the question to provide funds for
1.9an approved project. The election must take place no more than five years before the
1.10estimated date of commencement of the project. The referendum must be held on a date
1.11set by the board. A referendum for a project not receiving a positive review and comment
1.12by the commissioner under section123B.71 must be approved by at least 60 percent of
1.13the voters at the election.
1.14(b) The referendum may be called by the school board and may be held:
1.15 (1) separately, before an election for the issuance of obligations for the project
1.16under chapter 475; or
1.17 (2) in conjunction with an election for the issuance of obligations for the project
1.18under chapter 475; or
1.19 (3) notwithstanding section475.59 , as a conjunctive question authorizing both the
1.20capital project levy and the issuance of obligations for the project under chapter 475. Any
1.21obligations authorized for a project may be issued within five years of the date of the
1.22election.
1.23 (c) The ballot must provide a general description of the proposed project, state the
1.24estimated total cost of the project, state whether the project has received a positive or
2.1negative review and comment from the commissioner, state the maximum amount of the
2.2capital project levy as a percentage of net tax capacity, state the amount that will be raised
2.3by that local tax rate in the first year it is to be levied, and state the maximum number of
2.4years that the levy authorization will apply.
2.5 The ballot must contain a textual portion with the information required in this
2.6section and a question stating substantially the following:
2.7 "Shall the capital project levy proposed by the board of .......... School District
2.8No. .......... be approved?"
2.9 If approved, the amount provided by the approved local tax rate applied to the net
2.10tax capacity for the year preceding the year the levy is certified may be certified for the
2.11number of years, not to exceed ten, approved.
2.12(d) If the district proposes a new capital project to begin at the time the existing
2.13capital project expires and at the same maximum tax rate, the general description on the
2.14ballot may state that the capital project levy is being renewed and that the tax rate is not
2.15being increased from the previous year's rate. An election to renew authority under this
2.16paragraph may be called at any time that is otherwise authorized by this subdivision. The
2.17ballot notice required under section 275.60 may be modified to read:
2.18"BY VOTING YES ON THIS BALLOT QUESTION, YOU ARE VOTING
2.19TO RENEW AN EXISTING CAPITAL PROJECTS REFERENDUM THAT IS
2.20SCHEDULED TO EXPIRE."
2.21 (e) In the event a conjunctive question proposes to authorize both the capital project
2.22levy and the issuance of obligations for the project, appropriate language authorizing the
2.23issuance of obligations must also be included in the question.
2.24 (f) The district must notify the commissioner of the results of the referendum.
2.25EFFECTIVE DATE.This section is effective for referenda conducted on or after
2.26July 1, 2011.
1.3language in cases where the same level of taxing authority is renewed;amending
1.4Minnesota Statutes 2010, section 123B.63, subdivision 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 123B.63, subdivision 3, is amended to read:
1.7 Subd. 3. Capital project levy referendum. (a) A district may levy the local tax
1.8rate approved by a majority of the electors voting on the question to provide funds for
1.9an approved project. The election must take place no more than five years before the
1.10estimated date of commencement of the project. The referendum must be held on a date
1.11set by the board. A referendum for a project not receiving a positive review and comment
1.12by the commissioner under section
1.13the voters at the election.
1.14(b) The referendum may be called by the school board and may be held:
1.15 (1) separately, before an election for the issuance of obligations for the project
1.16under chapter 475; or
1.17 (2) in conjunction with an election for the issuance of obligations for the project
1.18under chapter 475; or
1.19 (3) notwithstanding section
1.20capital project levy and the issuance of obligations for the project under chapter 475. Any
1.21obligations authorized for a project may be issued within five years of the date of the
1.22election.
1.23 (c) The ballot must provide a general description of the proposed project, state the
1.24estimated total cost of the project, state whether the project has received a positive or
2.1negative review and comment from the commissioner, state the maximum amount of the
2.2capital project levy as a percentage of net tax capacity, state the amount that will be raised
2.3by that local tax rate in the first year it is to be levied, and state the maximum number of
2.4years that the levy authorization will apply.
2.5 The ballot must contain a textual portion with the information required in this
2.6section and a question stating substantially the following:
2.7 "Shall the capital project levy proposed by the board of .......... School District
2.8No. .......... be approved?"
2.9 If approved, the amount provided by the approved local tax rate applied to the net
2.10tax capacity for the year preceding the year the levy is certified may be certified for the
2.11number of years, not to exceed ten, approved.
2.12(d) If the district proposes a new capital project to begin at the time the existing
2.13capital project expires and at the same maximum tax rate, the general description on the
2.14ballot may state that the capital project levy is being renewed and that the tax rate is not
2.15being increased from the previous year's rate. An election to renew authority under this
2.16paragraph may be called at any time that is otherwise authorized by this subdivision. The
2.17ballot notice required under section 275.60 may be modified to read:
2.18"BY VOTING YES ON THIS BALLOT QUESTION, YOU ARE VOTING
2.19TO RENEW AN EXISTING CAPITAL PROJECTS REFERENDUM THAT IS
2.20SCHEDULED TO EXPIRE."
2.21 (e) In the event a conjunctive question proposes to authorize both the capital project
2.22levy and the issuance of obligations for the project, appropriate language authorizing the
2.23issuance of obligations must also be included in the question.
2.24 (f) The district must notify the commissioner of the results of the referendum.
2.25EFFECTIVE DATE.This section is effective for referenda conducted on or after
2.26July 1, 2011.
