Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 922

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 04/13/2015 03:45pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/16/2015
1st Engrossment Posted on 03/26/2015
2nd Engrossment Posted on 04/13/2015

Current Version - 2nd Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11
1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 3.1 3.2 3.3
3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8
5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21
5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12
6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23
6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 7.1 7.2 7.3 7.4 7.5
7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33
7.34 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15
8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 9.1 9.2 9.3 9.4 9.5
9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17
9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22
11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33
12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8
12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 12.35 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12
13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27
13.28 13.29 13.30 13.31 13.32 13.33 13.34 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13
14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24
14.25 14.26 14.27
14.28 14.29 14.30 14.31 14.32 14.33 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11
15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20
15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 16.1 16.2 16.3 16.4 16.5 16.6
16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15
16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27
16.28 16.29 16.30 16.31 16.32 16.33 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8
17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16
17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 17.34 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19
18.20 18.21
18.22 18.23 18.24

A bill for an act
relating to local government; requiring local referenda related to spending to be
conducted on the first Tuesday after the first Monday in November; amending
Minnesota Statutes 2014, sections 123B.63, subdivision 3; 126C.17, subdivision
9; 205.10, subdivision 1; 205A.05, subdivision 1; 216B.46; 237.19; 275.60;
412.221, subdivision 2; 412.301; 426.19, subdivision 2; 447.045; 452.11; 455.24;
455.29; 459.06, subdivision 1; 469.053, subdivision 5; 469.0724; 469.107,
subdivision 2; 469.190, subdivisions 1, 5; 471.57, subdivision 3; 471.571,
subdivision 3; 471.572, subdivisions 2, 4; 475.59; repealing Minnesota Statutes
2014, section 205.10, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 123B.63, subdivision 3, is amended to read:


Subd. 3.

Capital project levy referendum.

(a) A district may levy the local tax
rate approved by a majority of the electors voting on the question to provide funds for
an approved project. The election must take place no more than five years before the
estimated date of commencement of the project. The referendum deleted text begin mustdeleted text end new text begin maynew text end be deleted text begin held on
a date set by
deleted text end new text begin called bynew text end the boardnew text begin and, except as provided in paragraph (g), must be held
on the first Tuesday after the first Monday in November in either an even-numbered or
odd-numbered year
new text end . A district must meet the requirements of section 123B.71 for projects
funded under this section. If a review and comment is required under section 123B.71,
subdivision 8, a referendum for a project not receiving a positive review and comment by
the commissioner must be approved by at least 60 percent of the voters at the election.

(b) deleted text begin Thedeleted text end new text begin Anew text end referendum deleted text begin may bedeleted text end called deleted text begin by the school board anddeleted text end new text begin under this subdivision
new text end may be held:

(1) separately, before an election for the issuance of obligations for the project
under chapter 475; or

(2) in conjunction with an election for the issuance of obligations for the project
under chapter 475; or

(3) notwithstanding section 475.59, as a conjunctive question authorizing both the
capital project levy and the issuance of obligations for the project under chapter 475. Any
obligations authorized for a project may be issued within five years of the date of the
election.

(c) The ballot must provide a general description of the proposed project, state the
estimated total cost of the project, state whether the project has received a positive or
negative review and comment from the commissioner, state the maximum amount of the
capital project levy as a percentage of net tax capacity, state the amount that will be raised
by that local tax rate in the first year it is to be levied, and state the maximum number of
years that the levy authorization will apply.

The ballot must contain a textual portion with the information required in this
section and a question stating substantially the following:

"Shall the capital project levy proposed by the board of .......... School District
No. .......... be approved?"

If approved, the amount provided by the approved local tax rate applied to the net
tax capacity for the year preceding the year the levy is certified may be certified for the
number of years, not to exceed ten, approved.

(d) If the district proposes a new capital project to begin at the time the existing
capital project expires and at the same maximum tax rate, the general description on the
ballot may state that the capital project levy is being renewed and that the tax rate is not
being increased from the previous year's rate. An election to renew authority under this
paragraph may be called at any time that is otherwise authorized by this subdivision. The
ballot notice required under section 275.60 may be modified to read:

"BY VOTING YES ON THIS BALLOT QUESTION, YOU ARE VOTING
TO RENEW AN EXISTING CAPITAL PROJECTS REFERENDUM THAT IS
SCHEDULED TO EXPIRE."

(e) In the event a conjunctive question proposes to authorize both the capital project
levy and the issuance of obligations for the project, appropriate language authorizing the
issuance of obligations must also be included in the question.

(f) The district must notify the commissioner of the results of the referendum.

new text begin (g) Notwithstanding paragraph (a), a referendum to levy the amount needed to
finance a district's response to a disaster or emergency may be held on a date set by the
board. "Disaster" means a situation that creates an actual or imminent serious threat to
the health and safety of persons or a situation that has resulted or is likely to result in
catastrophic loss to property or the environment. "Emergency" means an unforeseen
combination of circumstances that calls for immediate action to prevent a disaster from
developing or occurring.
new text end

Sec. 2.

Minnesota Statutes 2014, section 126C.17, subdivision 9, is amended to read:


Subd. 9.

Referendum revenue.

(a) The revenue authorized by section 126C.10,
subdivision 1
, may be increased in the amount approved by the voters of the district
at a referendum called for the purpose. The referendum may be called by the board.
The referendum must be conducted one or two calendar years before the increased levy
authority, if approved, first becomes payable. Only one election to approve an increase may
be held in a calendar year. Unless the referendum is conducted by mail under subdivision
11, paragraph (a), the referendum must be held on the first Tuesday after the first Monday
in November. The ballot must state the maximum amount of the increased revenue per
adjusted pupil unit. The ballot may state a schedule, determined by the board, of increased
revenue per adjusted pupil unit that differs from year to year over the number of years
for which the increased revenue is authorized or may state that the amount shall increase
annually by the rate of inflation. new text begin The ballot must state the per pupil amounts of any local
optional revenue and board-approved authority, if any, that the board expects to approve for
the next school year.
new text end For this purpose, the rate of inflation shall be the annual inflationary
increase calculated under subdivision 2, paragraph (b). The ballot may state that existing
referendum levy authority is expiring. In this case, the ballot may also compare the
proposed levy authority to the existing expiring levy authority, and express the proposed
increase as the amount, if any, over the expiring referendum levy authority. The ballot
must designate the specific number of years, not to exceed ten, for which the referendum
authorization applies. The ballot, including a ballot on the question to revoke or reduce the
increased revenue amount under paragraph (c), must abbreviate the term "per adjusted pupil
unit" as "per pupil." The notice required under section 275.60 may be modified to read, in
cases of renewing existing levies at the same amount per pupil as in the previous year:

"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING
TO EXTEND AN EXISTING PROPERTY TAX REFERENDUM THAT IS
SCHEDULED TO EXPIRE."

The ballot may contain a textual portion with the information required in this
subdivision and a question stating substantially the following:

"Shall the increase in the revenue proposed by (petition to) the board of .........,
School District No. .., be approved?"

If approved, an amount equal to the approved revenue per adjusted pupil unit times
the adjusted pupil units for the school year beginning in the year after the levy is certified
shall be authorized for certification for the number of years approved, if applicable, or
until revoked or reduced by the voters of the district at a subsequent referendum.

(b) The board must prepare and deliver by first class mail at least 15 days but no more
than 30 days before the day of the referendum to each taxpayer a notice of the referendum
and the proposed revenue increase. The board need not mail more than one notice to any
taxpayer. For the purpose of giving mailed notice under this subdivision, owners must be
those shown to be owners on the records of the county auditor or, in any county where
tax statements are mailed by the county treasurer, on the records of the county treasurer.
Every property owner whose name does not appear on the records of the county auditor
or the county treasurer is deemed to have waived this mailed notice unless the owner
has requested in writing that the county auditor or county treasurer, as the case may be,
include the name on the records for this purpose. The notice must project the anticipated
amount of tax increase in annual dollars for typical residential homesteads, agricultural
homesteads, apartments, and commercial-industrial property within the school district.

new text begin The notice must state the per pupil amount of any local optional revenue and
board-approved authority, if any, that the board expects to be approved for the next school
year.
new text end

The notice for a referendum may state that an existing referendum levy is expiring
and project the anticipated amount of increase over the existing referendum levy in
the first year, if any, in annual dollars for typical residential homesteads, agricultural
homesteads, apartments, and commercial-industrial property within the district.

The notice must include the following statement: "Passage of this referendum will
result in an increase in your property taxes." However, in cases of renewing existing levies,
the notice may include the following statement: "Passage of this referendum extends an
existing operating referendum at the same amount per pupil as in the previous year."

(c) A referendum on the question of revoking or reducing the increased revenue
amount authorized pursuant to paragraph (a) may be called by the board. A referendum to
revoke or reduce the revenue amount must state the amount per adjusted pupil unit by
which the authority is to be reduced. Revenue authority approved by the voters of the
district pursuant to paragraph (a) must be available to the school district at least once
before it is subject to a referendum on its revocation or reduction for subsequent years.
Only one revocation or reduction referendum may be held to revoke or reduce referendum
revenue for any specific year and for years thereafter.

(d) The approval of 50 percent plus one of those voting on the question is required to
pass a referendum authorized by this subdivision.

(e) At least 15 days before the day of the referendum, the district must submit a
copy of the notice required under paragraph (b) to the commissioner and to the county
auditor of each county in which the district is located. Within 15 days after the results
of the referendum have been certified by the board, or in the case of a recount, the
certification of the results of the recount by the canvassing board, the district must notify
the commissioner of the results of the referendum.

Sec. 3.

Minnesota Statutes 2014, section 205.10, subdivision 1, is amended to read:


Subdivision 1.

Questions.

Special elections may be held in a city or town on a
question on which the voters are authorized by law or charter to pass judgment.new text begin A special
election on a question may only be held on the first Tuesday after the first Monday in
November in either an even-numbered or odd-numbered year.
new text end A special election may be
ordered by the governing body of the municipality on its own motion or, on a question
that has not been submitted to the voters in an election within the previous six months,
upon a petition signed by a number of voters equal to 20 percent of the votes cast at the
last municipal general election. A question is carried only with the majority in its favor
required by law or charter. The election officials for a special election shall be the same as
for the most recent municipal general election unless changed according to law. Otherwise
special elections shall be conducted and the returns made in the manner provided for
the municipal general election.

Sec. 4.

Minnesota Statutes 2014, section 205A.05, subdivision 1, is amended to read:


Subdivision 1.

Questions.

deleted text begin (a)deleted text end Special elections must be held for a school district
on a question on which the voters are authorized by law to pass judgment.new text begin The special
election on a question may only be held on the first Tuesday after the first Monday in
November of either an even-numbered or odd-numbered year.
new text end The school board may on
its own motion call a special election to vote on any matter requiring approval of the voters
of a district. Upon petition filed with the school board of 50 or more voters of the school
district or five percent of the number of voters voting at the preceding school district
general election, whichever is greater, the school board shall by resolution call a special
election to vote on any matter requiring approval of the voters of a district. A question
is carried only with the majority in its favor required by law. The election officials for a
special election are the same as for the most recent school district general election unless
changed according to law. Otherwise, special elections must be conducted and the returns
made in the manner provided for the school district general election.

deleted text begin (b) A special election may not be held:
deleted text end

deleted text begin (1) during the 56 days before and the 56 days after a regularly scheduled primary or
general election conducted wholly or partially within the school district;
deleted text end

deleted text begin (2) on the date of a regularly scheduled town election in March conducted wholly
or partially within the school district; or
deleted text end

deleted text begin (3) during the 30 days before or the 30 days after a regularly scheduled town election
in March conducted wholly or partially within the school district.
deleted text end

deleted text begin (c) Notwithstanding any other law to the contrary, the time period in which a special
election must be conducted under any other law may be extended by the school board to
conform with the requirements of this subdivision.
deleted text end

Sec. 5.

Minnesota Statutes 2014, section 216B.46, is amended to read:


216B.46 MUNICIPAL ACQUISITION PROCEDURES; NOTICE;
ELECTION.

Any municipality which desires to acquire the property of a public utility as
authorized under the provisions of section 216B.45 may determine to do so by resolution of
the governing body of the municipality taken after a public hearing of which at least 30 days'
published notice shall be given as determined by the governing body. The determination
shall become effective when ratified by a majority of the qualified electors voting on the
question at a special election to be held for that purposedeleted text begin , not less than 60 nor more than
120 days after the resolution of the governing body of the municipality
deleted text end new text begin on the first Tuesday
after the first Monday in November in either an even-numbered or odd-numbered year
new text end .

Sec. 6.

Minnesota Statutes 2014, section 237.19, is amended to read:


237.19 MUNICIPAL TELECOMMUNICATIONS SERVICES.

Any municipality shall have the right to own and operate a telephone exchange
within its own borders, subject to the provisions of this chapter. It may construct such
plant, or purchase an existing plant by agreement with the owner, or where it cannot
agree with the owner on price, it may acquire an existing plant by condemnation, as
hereinafter provided, but in no case shall a municipality construct or purchase such a
plant or proceed to acquire an existing plant by condemnation until such action by it
is authorized by a majority of the electors voting upon the proposition at deleted text begin a generaldeleted text end new text begin an
new text end election deleted text begin or a special election called for that purposedeleted text end new text begin held on the first Tuesday after the
first Monday in November in either an even-numbered or odd-numbered year
new text end , and if the
proposal is to construct a new exchange where an exchange already exists, it shall not
be authorized to do so unless 65 percent of those voting thereon vote in favor of the
undertaking. A municipality that owns and operates a telephone exchange may enter into
a joint venture as a partner or shareholder with a telecommunications organization to
provide telecommunications services within its service area.

Sec. 7.

Minnesota Statutes 2014, section 275.60, is amended to read:


275.60 LEVY OR BOND REFERENDUM; BALLOT NOTICE.

(a) Notwithstanding any general or special law or any charter provisions, but subject
to section 126C.17, subdivision 9, any question submitted to the voters by any local
governmental subdivision at deleted text begin a general or specialdeleted text end new text begin annew text end election after deleted text begin June 8, 1995deleted text end new text begin June 30,
2015
new text end , authorizing a property tax levy or tax rate increase, including the issuance of debt
obligations payable in whole or in part from property taxes, must include on the ballot the
following notice in boldface type:

"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR
A PROPERTY TAX INCREASE."

(b) For purposes of this section and section 275.61, "local governmental subdivision"
includes counties, home rule and statutory cities, towns, school districts, and all special
taxing districts. This statement is in addition to any general or special laws or any charter
provisions that govern the contents of a ballot question and, in the case of a question
on the issuance of debt obligations, may be supplemented by a description of revenues
pledged to payment of the obligations that are intended as the primary source of payment.

new text begin (c) An election under this section must be held on the first Tuesday after the first
Monday in November of either an even-numbered or odd-numbered year. This paragraph
does not apply to an election on levying a tax or issuing debt obligations to finance the
local government's response to a disaster or emergency. An election for these purposes
may be held on a date set by the governing body. "Disaster" means a situation that creates
an actual or imminent serious threat to the health and safety of persons or a situation that
has resulted or is likely to result in catastrophic loss to property or the environment.
"Emergency" means an unforeseen combination of circumstances that calls for immediate
action to prevent a disaster from developing or occurring.
new text end

deleted text begin (c)deleted text end new text begin (d)new text end This section does not apply to a school district bond election if the debt
service payments are to be made entirely from transfers of revenue from the capital fund
to the debt service fund.

Sec. 8.

Minnesota Statutes 2014, section 412.221, subdivision 2, is amended to read:


Subd. 2.

Contracts.

The council shall have power to make such contracts as may be
deemed necessary or desirable to make effective any power possessed by the council. The
city may purchase personal property through a conditional sales contract and real property
through a contract for deed under which contracts the seller is confined to the remedy of
recovery of the property in case of nonpayment of all or part of the purchase price, which
shall be payable over a period of not to exceed five years. When the contract price of
property to be purchased by contract for deed or conditional sales contract exceeds 0.24177
percent of the estimated market value of the city, the city may not enter into such a contract
for at least ten days after publication in the official newspaper of a council resolution
determining to purchase property by such a contract; and, if before the end of that time a
petition asking for an election on the proposition signed by voters equal to ten percent of
the number of voters at the last regular city election is filed with the clerk, the city may
not enter into such a contract until the proposition has been approved by a majority of the
votes cast on the question at deleted text begin a regular or specialdeleted text end new text begin annew text end electionnew text begin held on the first Tuesday after
the first Monday in November of either an even-numbered or odd-numbered year
new text end .

Sec. 9.

Minnesota Statutes 2014, section 412.301, is amended to read:


412.301 FINANCING PURCHASE OF CERTAIN EQUIPMENT.

(a) The council may issue certificates of indebtedness or capital notes subject to the
city debt limits to purchase capital equipment.

(b) For purposes of this section, "capital equipment" means:

(1) public safety equipment, ambulance and other medical equipment, road
construction and maintenance equipment, and other capital equipment; and

(2) computer hardware and software, whether bundled with machinery or equipment
or unbundled, together with application development services and training related to the
use of the computer hardware or software.

(c) The equipment or software must have an expected useful life at least as long as
the terms of the certificates or notes.

(d) Such certificates or notes shall be payable in not more than ten years and shall be
issued on such terms and in such manner as the council may determine.

(e) If the amount of the certificates or notes to be issued to finance any such purchase
exceeds 0.25 percent of the estimated market value of taxable property in the city, they shall
not be issued for at least ten days after publication in the official newspaper of a council
resolution determining to issue them; and if before the end of that time, a petition asking
for an election on the proposition signed by voters equal to ten percent of the number of
voters at the last regular municipal election is filed with the clerk, such certificates or notes
shall not be issued until the proposition of their issuance has been approved by a majority
of the votes cast on the question at deleted text begin a regular or specialdeleted text end new text begin annew text end electionnew text begin held on the first Tuesday
after the first Monday in November of either an even-numbered or odd-numbered year
new text end .

(f) A tax levy shall be made for the payment of the principal and interest on such
certificates or notes, in accordance with section 475.61, as in the case of bonds.

Sec. 10.

Minnesota Statutes 2014, section 426.19, subdivision 2, is amended to read:


Subd. 2.

Referendum in certain cases.

Before the pledge of any such revenues to
the payment of any such bonds, warrants or certificates of indebtedness, except bonds,
warrants or certificates of indebtedness to construct, reconstruct, enlarge or equip a
municipal liquor store shall be made, the governing body shall submit to the voters of the
city the question of whether such revenues shall be so pledged and such pledge shall not
be binding on the city until it shall have been approved by a majority of the voters voting
on the question at deleted text begin either a generaldeleted text end new text begin annew text end election deleted text begin or special election called for that purpose
deleted text end new text begin held on the first Tuesday after the first Monday in November of either an even-numbered
or odd-numbered year
new text end . No election shall be required for pledge of such revenues for
payment of bonds, warrants or certificates of indebtedness to construct, reconstruct,
enlarge or equip a municipal liquor store.

Sec. 11.

Minnesota Statutes 2014, section 447.045, is amended to read:


447.045 LIQUOR DISPENSARY FUND, COMMUNITY HOSPITAL
APPROPRIATION.

Subdivision 1.

Home rule charter city, fourth class.

If a home rule charter city
of the fourth class operates an off-sale municipal liquor dispensary, its council may
appropriate not more than $125,000 from the liquor dispensary fund to an incorporated
nonprofit hospital association to build a community hospital in the city. The hospital must
be governed by a board including two or more members of the city council and be open
to all residents of the city on equal terms. The council must not appropriate the money
unless the average net earnings of the off-sale municipal liquor dispensary have exceeded
$18,000 for the last five completed fiscal years before the date of the appropriation.

Subd. 2.

Statutory city; on-sale and off-sale store.

If the voters of a statutory city
operating an on-sale and off-sale municipal liquor store, at deleted text begin a general or specialdeleted text end new text begin annew text end election
new text begin held on the first Tuesday after the first Monday in November of either an even-numbered
or odd-numbered year
new text end , vote in favor of contributing from its liquor dispensary fund
toward the construction of a community hospital, the city council may appropriate not
more than $60,000 from the fund to any incorporated nonprofit hospital association to
build a community hospital in the statutory city. The hospital must be governed by a board
including two or more members of the statutory city council and be open to all residents of
the statutory city on equal terms. This appropriation must not exceed one-half the total
cost of construction of the hospital. The council must not appropriate the money unless
the average net earnings of the on-sale and off-sale municipal liquor store have been at
least $10,000 for the last five completed fiscal years before the date of the appropriation.

Subd. 3.

Statutory city; off-sale or on- and off-sale store.

(a) If a statutory
city operates an off-sale, or an on- and off-sale municipal liquor store it may provide
for a vote at deleted text begin a general or specialdeleted text end new text begin annew text end electionnew text begin held on the first Tuesday after the first
Monday in November of either an even-numbered or odd-numbered year
new text end on the question
of contributing from the city liquor dispensary fund to build, maintain, and operate a
community hospital. If the vote is in favor, the city council may appropriate money
from the fund to an incorporated hospital association for a period of four years. The
appropriation must be from the net profits or proceeds of the municipal liquor store. It
must not exceed $4,000 a year for hospital construction and maintenance or $1,000 a year
for operation. The hospital must be open to all residents of the community on equal terms.

(b) The council must not appropriate the money unless the average net earnings of
the off-sale, or on- and off-sale municipal liquor store have been at least $8,000 for the last
two completed years before the date of the appropriation.

Subd. 4.

Fourth class city operating store.

If a city of the fourth class operates a
municipal liquor store, it may provide for a vote at deleted text begin a general or specialdeleted text end new text begin annew text end electionnew text begin held
on the first Tuesday after the first Monday in November of either an even-numbered
or odd-numbered year
new text end on the question of contributing from the profit in the city liquor
dispensary fund to build, equip, and maintain a community hospital within the city
limits. If the vote is in favor, the city council may appropriate not more than $200,000
from profits in the fund for the purpose. The hospital must be open to all residents of
the city on equal terms.

The city may issue certificates of indebtedness in anticipation of and payable only
from profits from the operation of municipal liquor stores.

Subd. 5.

Statutory city; appropriation to hospital association.

(a) The council
of a statutory city operating a municipal liquor store may appropriate funds from the
store's net earnings annually to any incorporated nonprofit hospital association to help
maintain and operate the hospital. The appropriation must not exceed 50 percent of the
store's net earnings. Money may be appropriated if: (1) the hospital is governed by a
board of directors including two or more members of the statutory city council; (2) the
hospital grounds and buildings are owned by the municipality and leased to the hospital
association; and (3) the hospital is open to all residents of the statutory city on equal terms.

(b) The council must not appropriate the money unless the average net earnings of
the municipal liquor store has been at least $8,000 for the last five completed fiscal years
before the date of the appropriation.

Subd. 6.

Statutory city; fourth class.

If a fourth class statutory city operates a
municipal liquor store, it may provide for a vote at deleted text begin a general or specialdeleted text end new text begin annew text end electionnew text begin held
on the first Tuesday after the first Monday in November of either an even-numbered
or odd-numbered year
new text end on the question of contributing from the city liquor dispensary
fund not more than $15,000 a year for five years to build and maintain a community
hospital. If the vote is in favor the council may appropriate the money from the fund to an
incorporated community hospital association in the city.

Subd. 7.

Statutory city; any store.

If a statutory city operates a municipal liquor
store, it may provide for a vote at deleted text begin a general or specialdeleted text end new text begin annew text end electionnew text begin held on the first Tuesday
after the first Monday in November of either an even-numbered or odd-numbered year
new text end on the question of contributing from the statutory city liquor dispensary fund toward the
acquisition, construction, improvement, maintenance, and operation of a community
hospital. If the vote is in favor, the council may appropriate money from time to time out
of the net profits or proceeds of the municipal liquor store to an incorporated nonprofit
hospital association in the statutory city. The hospital association must be governed by a
board of directors elected by donors of $50 or more, who each have one vote. The hospital
must be open to all residents of the community on equal terms.

Sec. 12.

Minnesota Statutes 2014, section 452.11, is amended to read:


452.11 SUBMISSION TO VOTERS.

No city of the first class shall acquire or construct any public utility under the terms
of sections 452.08 to 452.13 unless the proposition to acquire or construct same has
first been submitted to the qualified electors of the city at a deleted text begin generaldeleted text end city election deleted text begin or at a
special election called for that purpose,
deleted text end new text begin held on the first Tuesday after the first Monday in
November of either an even-numbered or odd-numbered year
new text end and new text begin has new text end been approved by a
majority vote of all electors voting upon the proposition.

The question of issuing public utility certificates as provided in section 452.09
may, at the option of the council, be submitted at the same election as the question of the
acquisition or construction of the public utility.

Sec. 13.

Minnesota Statutes 2014, section 455.24, is amended to read:


455.24 SUBMISSION TO VOTERS.

Before incurring any expense under the powers conferred by section 455.23, the
approval of the voters of the city shall first be had at deleted text begin a general or specialdeleted text end new text begin annew text end election
held deleted text begin thereindeleted text end new text begin on the first Tuesday after the first Monday in November of either an
even-numbered or odd-numbered year
new text end . If a majority of the voters of the city participating
at the election shall vote in favor of the construction of the system of poles, wires and
cables herein authorized to be made, the council shall proceed with the construction.

Sec. 14.

Minnesota Statutes 2014, section 455.29, is amended to read:


455.29 MUNICIPALITIES MAY EXTEND ELECTRIC SERVICE.

Except as otherwise restricted by chapter 216B, the governing body, or the
commission or board charged with the operation of the public utilities, if one exists
therein, of any municipality in the state owning and operating an electric light and power
plant for the purpose of the manufacture and sale of electrical power or for the purchase
and redistribution of electrical power, may, upon a two-thirds vote of the governing
body, or the commission or board, in addition to all other powers now possessed by
such municipality, sell electricity to customers, singly or collectively, outside of such
municipality, within the state but not to exceed a distance of 30 miles from the corporate
limits of the municipality. Before any municipality shall have the power to extend its
lines and sell electricity outside of the municipality as provided by sections 455.29 and
455.30, the governing body shall first submit to the voters of the municipality, at deleted text begin a general
or special
deleted text end new text begin annew text end electionnew text begin held on the first Tuesday after the first Monday in November of
either an even-numbered or odd-numbered year
new text end , the general principle of going outside the
municipality and fixing the maximum amount of contemplated expenditures reasonably
expected to be made for any and all extensions then or thereafter contemplated. Three
weeks' published notice shall be given of such election as required by law, and if a
majority of those voting upon the proposition favors the same, then the municipality shall
thereafter be considered as having chosen to enter the general business of extending
its electric light and power facilities beyond the corporate limits of the municipality.
It shall not be necessary to submit to a vote of the people the question of any specific
enlargement, extension, or improvement of any outside lines; provided the voters of
the municipality have generally elected to exercise the privileges afforded by sections
455.29 and 455.30, and, provided, that each and any specific extension, enlargement, or
improvement project is within the limit of the maximum expenditure authorized at the
election. In cities operating under a home rule charter, where a vote of the people is not
now required in order to extend electric light and power lines, no election shall be required
under the provisions of any act. At any election held to determine the attitude of the
voters upon this principle, the question shall be simply stated upon the ballot provided
therefor, and shall be substantially in the following form: "Shall the city of .....................
undertake the general proposition of extending its electric light and power lines beyond
the limits of the municipality, and limit the maximum expenditures for any and all future
extensions to the sum of $....................?" For this purpose every municipality is authorized
and empowered to extend the lines, wires, and fixtures of its plant to such customers and
may issue certificates of indebtedness therefor in an amount not to exceed the actual cost
of the extensions and for a term not to exceed the reasonable life of the extensions. These
certificates of indebtedness shall in no case be made a charge against the municipality, but
shall be payable and paid out of current revenues of the plant other than taxes.

Sec. 15.

Minnesota Statutes 2014, section 459.06, subdivision 1, is amended to read:


Subdivision 1.

Accept donations.

Any county, city, or town may by resolution of
its governing body accept donations of land that the governing body deems to be better
adapted for the production of timber and wood than for any other purpose, for a forest, and
may manage it on forestry principles. The donor of not less than 100 acres of any such
land shall be entitled to have the land perpetually bear the donor's name. The governing
body of any city or town, when funds are available or have been levied therefor, may,
when authorized by a majority vote by ballot of the voters voting at any deleted text begin general or special
deleted text end city electionnew text begin held on the first Tuesday after the first Monday in November of either an
even-numbered or odd-numbered year
new text end ornew text begin the annualnew text end town meeting where the question is
properly submitted, purchase or obtain by condemnation proceedings, and preferably at the
sources of streams, any tract of land for a forest which is better adapted for the production
of timber and wood than for any other purpose, and which is conveniently located for the
purpose, and manage it on forestry principles. The city or town may annually levy a tax
on all taxable property within its boundaries to procure and maintain such forests.

Sec. 16.

Minnesota Statutes 2014, section 469.053, subdivision 5, is amended to read:


Subd. 5.

Reverse referendum.

A city may increase its levy for port authority
purposes under subdivision 4 only as provided in this subdivision. Its city council must
first pass a resolution stating the proposed amount of levy increase. The city must then
publish the resolution together with a notice of public hearing on the resolution for
two successive weeks in its official newspaper or, if none exists, in a newspaper of
general circulation in the city. The hearing must be held two to four weeks after the
first publication. After the hearing, the city council may decide to take no action or may
adopt a resolution authorizing the proposed increase or a lesser increase. A resolution
authorizing an increase must be published in the city's official newspaper or, if none
exists, in a newspaper of general circulation in the city. The resolution is not effective if a
petition requesting a referendum on the resolution is filed with the city clerk within 30
days of publication of the resolution. The petition must be signed by voters equaling five
percent of the votes cast in the city in the last general election. The resolution is effective
if approved by a majority of those voting on the question. The commissioner of revenue
shall prepare a suggested form of referendum question. The referendum must be held at deleted text begin a
special or general
deleted text end new text begin annew text end election deleted text begin before October 1 of the year for which the levy increase is
proposed
deleted text end new text begin conducted on the first Tuesday after the first Monday in November of either an
even-numbered or odd-numbered year. If approved by the voters, the levy increase may
take effect no sooner than the next calendar year
new text end .

Sec. 17.

Minnesota Statutes 2014, section 469.0724, is amended to read:


469.0724 GENERAL OBLIGATION BONDS.

The port authority of Cannon Falls or Redwood Falls must not proceed with the sale
of general obligation tax-supported bonds until the city council by resolution approves the
proposed issuance. The resolution must be published in the official newspaper. If, within
30 days after the publication, a petition signed by voters equal in number to ten percent of
the number of voters at the last regular city election is filed with the city clerk, the city
and port authority must not issue the general obligation tax-supported bonds until the
proposition has been approved by a majority of the votes cast on the question at deleted text begin a regular
or special
deleted text end new text begin annew text end electionnew text begin held on the first Tuesday after the first Monday in November of
either an even-numbered or odd-numbered year
new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the city of Cannon Falls and the
city of Redwood Falls the day after the governing body and chief clerical officer of the
city timely comply with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end

Sec. 18.

Minnesota Statutes 2014, section 469.107, subdivision 2, is amended to read:


Subd. 2.

Reverse referendum.

A city may increase its levy for economic
development authority purposes under subdivision 1 in the following way. Its city council
must first pass a resolution stating the proposed amount of levy increase. The city must
then publish the resolution together with a notice of public hearing on the resolution
for two successive weeks in its official newspaper or if none exists in a newspaper of
general circulation in the city. The hearing must be held two to four weeks after the
first publication. After the hearing, the city council may decide to take no action or may
adopt a resolution authorizing the proposed increase or a lesser increase. A resolution
authorizing an increase must be published in the city's official newspaper or if none exists
in a newspaper of general circulation in the city. The resolution is not effective if a petition
requesting a referendum on the resolution is filed with the city clerk within 30 days of
publication of the resolution. The petition must be signed by voters equaling five percent
of the votes cast in the city in the last general election. The election must be held at deleted text begin a
general or special
deleted text end new text begin annew text end electionnew text begin held on the first Tuesday after the first Monday in November
of either an even-numbered or odd-numbered year
new text end . Notice of the election must be given in
the manner required by law. The notice must state the purpose and amount of the levy.

Sec. 19.

Minnesota Statutes 2014, section 469.190, subdivision 1, is amended to read:


Subdivision 1.

Authorization.

Notwithstanding section 477A.016 or any other law,
a statutory or home rule charter city may by ordinance, and a town may by the affirmative
vote of the electors at the annual town meeting, deleted text begin or at a special town meeting,deleted text end impose a
tax of up to three percent on the gross receipts from the furnishing for consideration of
lodging at a hotel, motel, rooming house, tourist court, or resort, other than the renting or
leasing of it for a continuous period of 30 days or more. A statutory or home rule charter
city may by ordinance impose the tax authorized under this subdivision on the camping
site receipts of a municipal campground.

Sec. 20.

Minnesota Statutes 2014, section 469.190, subdivision 5, is amended to read:


Subd. 5.

Reverse referendum.

If the county board passes a resolution under
subdivision 4 to impose the tax, the resolution must be published for two successive
weeks in a newspaper of general circulation within the unorganized territory, together with
a notice fixing a date for a public hearing on the proposed tax.

The hearing must be held not less than two weeks nor more than four weeks after the
first publication of the notice. After the public hearing, the county board may determine to
take no further action, or may adopt a resolution authorizing the tax as originally proposed
or approving a lesser rate of tax. The resolution must be published in a newspaper of
general circulation within the unorganized territory. The voters of the unorganized
territory may request a referendum on the proposed tax by filing a petition with the county
auditor within 30 days after the resolution is published. The petition must be signed by
voters who reside in the unorganized territory. The number of signatures must equal at
least five percent of the number of persons voting in the unorganized territory in the last
general election. If such a petition is timely filed, the resolution is not effective until it
has been submitted to the voters residing in the unorganized territory at deleted text begin a general or
special
deleted text end new text begin annew text end electionnew text begin held on the first Tuesday after the first Monday in November of either
an even-numbered or odd-numbered year
new text end and a majority of votes cast on the question of
approving the resolution are in the affirmative. The commissioner of revenue shall prepare
a suggested form of question to be presented at the referendum.

Sec. 21.

Minnesota Statutes 2014, section 471.57, subdivision 3, is amended to read:


Subd. 3.

May use fund for other purposes upon vote.

The council of any
municipality which has established a public works reserve fund by an ordinance
designating the specific improvement or type of capital improvement for which the
fund may be used may submit to the voters of the municipality at deleted text begin any regular or special
deleted text end new text begin annew text end electionnew text begin held on the first Tuesday after the first Monday in November of either an
even-numbered or odd-numbered year
new text end the question of using the fund for some other
purpose. If a majority of the votes cast on the question are in favor of such diversion from
the original purpose of the fund, it may be used for any purpose so approved by the voters.

Sec. 22.

Minnesota Statutes 2014, section 471.571, subdivision 3, is amended to read:


Subd. 3.

Expenditure from fund, limitation.

No expenditure for any one project in
excess of 60 percent of one year's levy or $25,000, whichever is greater, may be made
from such permanent improvement or replacement fund in any year without first obtaining
the approval of a majority of the voters voting at a deleted text begin general or specialdeleted text end municipal election
new text begin held on the first Tuesday after the first Monday in November of either an even-numbered
or odd-numbered year
new text end at which the question of making such expenditure has been
submitted. In submitting any proposal to the voters for approval, the amount proposed to
be spent and the purpose thereof shall be stated in the proposal submitted. The proceeds
of such levies may be pledged for the payment of any bonds issued pursuant to law for
any purposes authorized hereby and annual payments upon such bonds or interest may
be made without additional authorization.

Sec. 23.

Minnesota Statutes 2014, section 471.572, subdivision 2, is amended to read:


Subd. 2.

Tax levy.

The governing body of a city may establish, by a two-thirds vote
of all its members, by ordinance or resolution a reserve fund and may annually levy a
property tax for the support of the fund. The proceeds of taxes levied for its support must
be paid into the reserve fund. Any other revenue from a source not required by law to be
paid into another fund for purposes other than those provided for the use of the reserve
fund may be paid into the fund. Before a tax is levied under this section, the city must
publish in the official newspaper of the city an initial resolution authorizing the tax levy. If
within ten days after the publication a petition is filed with the city clerk requesting an
election on the tax levy signed by a number of qualified voters greater than ten percent of
the number who voted in the city at the last general election, the tax may not be levied
until the levy has been approved by a majority of the votes cast on it at deleted text begin a regular or special
deleted text end new text begin annew text end electionnew text begin held on the first Tuesday after the first Monday in November of either an
even-numbered or odd-numbered year
new text end .

Sec. 24.

Minnesota Statutes 2014, section 471.572, subdivision 4, is amended to read:


Subd. 4.

Use of fund for a specific purpose.

If the city has established a reserve
fund, it may submit to the voters at deleted text begin a regular or specialdeleted text end new text begin annew text end electionnew text begin held on the first
Tuesday after the first Monday in November of either an even-numbered or odd-numbered
year
new text end the question of whether use of the fund should be restricted to a specific improvement
or type of capital improvement. If a majority of the votes cast on the question are in
favor of the limitation on the use of the reserve fund, it may be used only for the purpose
approved by the voters.

Sec. 25.

Minnesota Statutes 2014, section 475.59, is amended to read:


475.59 MANNER OF SUBMISSION; NOTICE.

new text begin Subdivision 1. new text end

new text begin Generally; notice. new text end

When the governing body of a municipality
resolves to issue bonds for any purpose requiring the approval of the electors, it shall
provide for submission of the proposition of their issuance at a general or special election
or town or school district meeting. Notice of such election or meeting shall be given in
the manner required by law and shall state the maximum amount and the purpose of
the proposed issue. In any school district, the school board or board of education may,
according to its judgment and discretion, submit as a single ballot question or as two
or more separate questions in the notice of election and ballots the proposition of their
issuance for any one or more of the following, stated conjunctively or in the alternative:
acquisition or enlargement of sites, acquisition, betterment, erection, furnishing,
equipping of one or more new schoolhouses, remodeling, repairing, improving, adding to,
betterment, furnishing, equipping of one or more existing schoolhouses. In any city, town,
or county, the governing body may, according to its judgment and discretion, submit as a
single ballot question or as two or more separate questions in the notice of election and
ballots the proposition of their issuance, stated conjunctively or in the alternative, for the
acquisition, construction, or improvement of any facilities at one or more locations.

new text begin Subd. 2. new text end

new text begin Election date. new text end

new text begin An election to approve issuance of bonds under this section
held by a municipality other than a town, must be held on the first Tuesday after the first
Monday in November of either an even-numbered or odd-numbered year. An election
under this section held by a town may be held on the same day as the annual town meeting
or on the first Tuesday after the first Monday in November of either an even-numbered or
odd-numbered year.
new text end

new text begin Subd. 3. new text end

new text begin Special laws. new text end

new text begin If a referendum on the issuance of bonds or other debt
obligations authorized in a special law is required, it must be held on a date as provided in
subdivision 2, notwithstanding any provision in the special law authorizing the referendum
to be held at any other time.
new text end

new text begin Subd. 4. new text end

new text begin Exception for disaster or emergency. new text end

new text begin Subdivisions 2 and 3, and any other
law requiring an election to approve issuance of bonds or other debt obligations to be held
on the first Tuesday after the first Monday in November of either an even-numbered or
odd-numbered year, do not apply to issuance of bonds or other debt obligations to finance
the municipality's response to an emergency or disaster. "Disaster" means a situation
that creates an actual or imminent serious threat to the health and safety of persons or
a situation that has resulted or is likely to result in catastrophic loss to property or the
environment. "Emergency" means an unforeseen combination of circumstances that calls
for immediate action to prevent a disaster from developing or occurring.
new text end

Sec. 26. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 205.10, subdivision 3, new text end new text begin is repealed.
new text end

Sec. 27. new text begin EFFECTIVE DATE.
new text end

new text begin Except as otherwise provided, this act is effective August 1, 2015, and applies to any
referendum authorized on or after that date.
new text end