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HF 857

as introduced - 89th Legislature (2015 - 2016) Posted on 02/12/2015 02:33pm

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

Current Version - as introduced

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A bill for an act
relating to education finance; modifying the capital project referendum; equalizing
the capital project referendum levy; appropriating money; amending Minnesota
Statutes 2014, section 123B.63, subdivisions 1, 3, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2014, section 123B.63, subdivision 1, is amended to read:


Subdivision 1.

Creation of capital project referendum account.

A district may
create a capital project referendum account as a separate account in its general fund or its
building construction fund. All proceeds from the capital project deleted text begin levydeleted text end new text begin revenuenew text end must be
deposited in the capital project referendum account in its general fund. The portion of the
proceeds to be used for building construction must be transferred to the capital project
referendum account in its building construction fund. Interest income attributable to the
capital project referendum account must be credited to the account.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2017 and
later.
new text end

Sec. 2.

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


Subd. 3.

Capital project deleted text begin levydeleted text end referendum.

(a) deleted text begin A district may levy the local tax ratedeleted text end new text begin
The revenue authorized under section 126C.10, subdivision 13, may be increased in the
amount
new text end 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 must be held on a date
set by the board. 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) The referendum may be called by the school board and 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 commissionernew text begin if a review and comment is
required
new text end , state the maximum amount of the capital project deleted text begin levydeleted text end new text begin revenuenew text end as deleted text begin a percentage of
net tax capacity
deleted text end new text begin an amount per adjusted pupil unitnew text end , state the new text begin maximum total new text end amount that
will be deleted text begin raised by that local tax ratedeleted text end new text begin leviednew text end in the first year deleted text begin it is to be levieddeleted text end new text begin of the levynew text end , and
state the maximum number of years that the deleted text begin levydeleted text end new text begin capital project referendumnew text end authorization
will apply.new text begin The ballot must abbreviate the term "per adjusted pupil unit" as "per pupil."
new text end

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 deleted text begin levydeleted text end new text begin revenuenew text end proposed by the board of .......... School
District No. .......... be approved?"

If approved, new text begin for elections held before July 1, 2015, new text end 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.new text begin If
approved, for elections held on or after July 1, 2015, 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, not to exceed ten, approved.
new text end

(d) If the district proposes a new capital project to begin at the time the existing
capital project expires and at the same maximum deleted text begin tax ratedeleted text end new text begin amount per adjusted pupil unitnew text end ,
the general description on the ballot may state that the capital project deleted text begin levydeleted text end new text begin revenuenew text end is
being renewed and that the deleted text begin tax ratedeleted text end new text begin revenue amount per pupilnew text end is not being increased from
the previous year's deleted text begin ratedeleted text end new text begin amountnew text end . 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 deleted text begin levydeleted text end new text begin revenuenew text end 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 EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2017 and
later.
new text end

Sec. 3.

Minnesota Statutes 2014, section 123B.63, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Capital project referendum equalization levy. new text end

new text begin A district's capital
project referendum equalization levy equals its capital project referendum revenue times
the lesser of one or the ratio of its adjusted net tax capacity per adjusted pupil unit in the
year preceding the year the levy is certified to 125 percent of the state average adjusted net
tax capacity per adjusted pupil unit in the year preceding the year the levy is certified.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2017 and
later.
new text end

Sec. 4.

Minnesota Statutes 2014, section 123B.63, is amended by adding a subdivision
to read:


new text begin Subd. 3b. new text end

new text begin Capital project referendum equalization aid. new text end

new text begin A district's capital project
referendum equalization aid equals the difference between its capital project referendum
revenue and levy.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2017 and
later.
new text end

Sec. 5. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin Capital project referendum equalization aid. new text end

new text begin For capital project
referendum equalization aid under Minnesota Statutes, section 123B.63:
new text end

new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2016
new text end
new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2017
new text end