HF 1963

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; local government referenda on 
  1.3             bonding and levy questions; requiring such questions 
  1.4             to be placed before the voters only at the general 
  1.5             election for the jurisdiction presenting the question; 
  1.6             regulating certain information about such ballot 
  1.7             questions; requiring certain reports to be filed in 
  1.8             connection with spending on such questions; amending 
  1.9             Minnesota Statutes 2000, sections 205.02, subdivision 
  1.10            2; 205.10, subdivision 1; 205A.05, subdivision 1; 
  1.11            211A.02, subdivision 2, by adding a subdivision; 
  1.12            297A.99, subdivision 3; 373.40, subdivision 2; 375.20; 
  1.13            458.40; 469.053, subdivision 5; 469.0724; 469.190, 
  1.14            subdivision 5; 475.58, subdivisions 1, 1a, by adding a 
  1.15            subdivision; 475.59; proposing coding for new law in 
  1.16            Minnesota Statutes, chapter 211B. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 2000, section 205.02, 
  1.19  subdivision 2, is amended to read: 
  1.20     Subd. 2.  [CITY ELECTIONS.] In all statutory and home rule 
  1.21  charter cities, the primary, general and special elections held 
  1.22  for choosing city officials and deciding public questions 
  1.23  relating to the city shall be held as provided in this chapter, 
  1.24  except that sections 205.065, subdivisions 4 to 7; 205.07, 
  1.25  subdivision 3; 205.10, subdivision 2; 205.121; and 205.17, 
  1.26  subdivisions 2 and 3, do not apply to a city whose charter 
  1.27  provides the manner of holding its primary, general or special 
  1.28  elections. 
  1.29     Sec. 2.  Minnesota Statutes 2000, section 205.10, 
  1.30  subdivision 1, is amended to read: 
  1.31     Subdivision 1.  [QUESTIONS.] Special elections may be held 
  2.1   in a city or town on a question on which the voters are 
  2.2   authorized by law or charter to pass judgment.  An election in a 
  2.3   city on a question relating to bonding or a levy must be held at 
  2.4   the time of the municipal general election.  A special election 
  2.5   may be ordered by the governing body of the municipality on its 
  2.6   own motion or, on a question that has not been submitted to the 
  2.7   voters in an election within the previous six months, upon a 
  2.8   petition signed by a number of voters equal to 20 percent of the 
  2.9   votes cast at the last municipal general election.  A question 
  2.10  is carried only with the majority in its favor required by law 
  2.11  or charter.  The election officials for a special election shall 
  2.12  be the same as for the most recent municipal general election 
  2.13  unless changed according to law.  Otherwise special elections 
  2.14  shall be conducted and the returns made in the manner provided 
  2.15  for the municipal general election.  
  2.16     Sec. 3.  Minnesota Statutes 2000, section 205A.05, 
  2.17  subdivision 1, is amended to read: 
  2.18     Subdivision 1.  [QUESTIONS.] Special elections must be held 
  2.19  for a school district on a question on which the voters are 
  2.20  authorized by law to pass judgment.  The school board may on its 
  2.21  own motion call a special election to vote on any matter 
  2.22  requiring approval of the voters of a district.  Upon petition 
  2.23  of 50 or more voters of the school district or five percent of 
  2.24  the number of voters voting at the preceding regular school 
  2.25  district election, the school board shall by resolution call a 
  2.26  special election to vote on any matter requiring approval of the 
  2.27  voters of a district.  A question is carried only with the 
  2.28  majority in its favor required by law.  The election officials 
  2.29  for a special election are the same as for the most recent 
  2.30  school district general election unless changed according to 
  2.31  law.  Otherwise, special elections must be conducted and the 
  2.32  returns made in the manner provided for the school district 
  2.33  general election.  A An election on a question relating to 
  2.34  bonding must be held at the school district general election.  
  2.35  Any other special election may not be held during the 30 days 
  2.36  before and the 30 days after the state primary, during the 30 
  3.1   days before and the 40 days after the state general election.  
  3.2   In addition, a special election may not be held during the 20 
  3.3   days before and the 20 days after any regularly scheduled 
  3.4   election of a municipality wholly or partially within the school 
  3.5   district.  Notwithstanding any other law to the contrary, the 
  3.6   time period in which a special election must be conducted under 
  3.7   any other law may be extended by the school board to conform 
  3.8   with the requirements of this subdivision. 
  3.9      Sec. 4.  Minnesota Statutes 2000, section 211A.02, 
  3.10  subdivision 2, is amended to read: 
  3.11     Subd. 2.  [INFORMATION REQUIRED.] Except as otherwise 
  3.12  provided by subdivision 2a, the report to be filed by a 
  3.13  candidate or committee must include:  
  3.14     (1) the name of the candidate or ballot question; 
  3.15     (2) the name and address of the person responsible for 
  3.16  filing the report; 
  3.17     (3) the total amount of receipts and expenditures for the 
  3.18  period from the last previous report to five days before the 
  3.19  current report is due; 
  3.20     (4) the purpose for each expenditure; and 
  3.21     (5) the name of any individual or committee that during the 
  3.22  year has made one or more contributions that in the aggregate 
  3.23  are equal to or greater than $500.  
  3.24     Sec. 5.  Minnesota Statutes 2000, section 211A.02, is 
  3.25  amended by adding a subdivision to read: 
  3.26     Subd. 2a.  [CERTAIN BONDING AND LEVY BALLOT QUESTIONS; 
  3.27  INFORMATION REQUIRED.] In the case of a committee that makes 
  3.28  disbursements of more than $750 to promote or defeat a ballot 
  3.29  question involving bonding or a levy by a county, city, or 
  3.30  school district, the committee must file a report containing the 
  3.31  information required under section 10A.20 with regard to ballot 
  3.32  questions.  The campaign finance and public disclosure board 
  3.33  must provide copies of the appropriate reporting form to county 
  3.34  auditors to be made available to filing officers within each 
  3.35  county. 
  3.36     Sec. 6.  [211B.085] [COUNTY, CITY, AND SCHOOL DISTRICT 
  4.1   SPENDING ON CERTAIN BALLOT QUESTIONS.] 
  4.2      Except as specifically authorized by this section, a 
  4.3   county, city, or school district must not use public funds to 
  4.4   prepare or disseminate material regarding the passage of a 
  4.5   ballot question relating to bonding or levying by the county, 
  4.6   city, or school district, including but not limited to 
  4.7   billboards or other signs, newspaper advertising, advertising 
  4.8   messages broadcast on radio or television, programming on cable 
  4.9   television, or material placed on an Internet Web site or 
  4.10  delivered by mail or in any other manner.  A county, city, or 
  4.11  school district may prepare, and may make available only at its 
  4.12  offices upon request, written material in favor of the ballot 
  4.13  question, if it also disseminates on equal terms materials 
  4.14  provided by the opponents of the ballot question.  Written 
  4.15  material allowed by this section must not be disseminated to 
  4.16  voters except upon request and specifically must not be combined 
  4.17  with materials mailed or otherwise delivered to residents of the 
  4.18  county, city, or school district, including school children, for 
  4.19  purposes of official government business. 
  4.20     A county, city, or school district may allow meetings in a 
  4.21  public building of proponents of a question involving bonding or 
  4.22  a levy by that unit of government, if opponents of the question 
  4.23  who so request are allowed to meet in a public building on 
  4.24  similar terms to those applicable to the proponents.  A county, 
  4.25  city, or school district must not allow proponents or opponents 
  4.26  of a ballot question on bonding or a levy by a unit of local 
  4.27  government to place campaign signs on public property. 
  4.28     Sec. 7.  Minnesota Statutes 2000, section 297A.99, 
  4.29  subdivision 3, is amended to read: 
  4.30     Subd. 3.  [REQUIREMENTS FOR ADOPTION, USE, TERMINATION.] 
  4.31  (a) Imposition of a local sales tax is subject to approval by 
  4.32  voters of the political subdivision at a general election after 
  4.33  the political subdivision obtains legislative approval under 
  4.34  subdivision 2.  
  4.35     (1) The ballot question at the referendum must include the 
  4.36  following information: 
  5.1      (i) the specific capital improvement to which the tax 
  5.2   proceeds will be dedicated; 
  5.3      (ii) a statement that the sales tax revenues are pledged to 
  5.4   pay for the specific capital improvement but the improvement 
  5.5   costs and any related bonds are a general obligation of the 
  5.6   political subdivision and will be guaranteed by the political 
  5.7   subdivision's property tax levy; and 
  5.8      (iii) the additional increase in the political 
  5.9   subdivision's property tax levy and the change in the political 
  5.10  subdivision's property tax rate if the specified capital 
  5.11  improvement was funded entirely from the property tax levy. 
  5.12     (2) If more than one improvement is proposed, each proposed 
  5.13  improvement must be listed as a separate question. 
  5.14     (b) The proceeds of the tax must be dedicated exclusively 
  5.15  to payment of the cost of a specific capital improvement which 
  5.16  is designated at least 90 days before the referendum on 
  5.17  imposition of the tax is conducted.  
  5.18     (c) The tax must terminate after the improvement designated 
  5.19  under paragraph (b) has been completed. 
  5.20     (d) After a sales tax imposed by a political subdivision 
  5.21  has expired or been terminated, the political subdivision is 
  5.22  prohibited from imposing a local sales tax for a period of one 
  5.23  year.  Notwithstanding subdivision 13, this paragraph applies to 
  5.24  all local sales taxes in effect at the time of or imposed after 
  5.25  May 26, 1999.  
  5.26     Sec. 8.  Minnesota Statutes 2000, section 373.40, 
  5.27  subdivision 2, is amended to read: 
  5.28     Subd. 2.  [APPLICATION OF ELECTION REQUIREMENT.] (a) Bonds 
  5.29  issued by a county to finance capital improvements under an 
  5.30  approved capital improvement plan are not subject to the 
  5.31  election requirements of section 375.18 or 475.58.  The bonds 
  5.32  must be approved by vote of at least three-fifths of the members 
  5.33  of the county board.  In the case of a metropolitan county, the 
  5.34  bonds must be approved by vote of at least two-thirds of the 
  5.35  members of the county board. 
  5.36     (b) Before issuance of bonds qualifying under this section, 
  6.1   the county must publish a notice of its intention to issue the 
  6.2   bonds and the date and time of a hearing to obtain public 
  6.3   comment on the matter.  The notice must be published in the 
  6.4   official newspaper of the county or in a newspaper of general 
  6.5   circulation in the county.  The notice must be published at 
  6.6   least 14, but not more than 28, days before the date of the 
  6.7   hearing. 
  6.8      (c) A county may issue the bonds only upon obtaining the 
  6.9   approval of a majority of the voters voting on the question of 
  6.10  issuing the obligations, if a petition requesting a vote on the 
  6.11  issuance is signed by voters equal to five percent of the votes 
  6.12  cast in the county in the last general election and is filed 
  6.13  with the county auditor within 30 days after the public 
  6.14  hearing.  The commissioner of revenue shall prepare a suggested 
  6.15  form of the question to be presented at the election.  The 
  6.16  election must be held at the county general election. 
  6.17     Sec. 9.  Minnesota Statutes 2000, section 375.20, is 
  6.18  amended to read: 
  6.19     375.20 [BALLOT QUESTIONS.] 
  6.20     If the county board may do an act, incur a debt, 
  6.21  appropriate money for a purpose, or exercise any other power or 
  6.22  authority, only if authorized by a vote of the people, the 
  6.23  question may be submitted at a special or general election, by a 
  6.24  resolution specifying the matter or question to be voted upon. 
  6.25  If the question is to authorize the appropriation of money, 
  6.26  creation of a debt, or levy of a tax, it shall state the 
  6.27  amount and it must be submitted to the voters at the county 
  6.28  general election.  Notice of the election shall be given as in 
  6.29  the case of the general election or special elections, as 
  6.30  applicable.  If the question submitted is adopted, the board 
  6.31  shall pass an appropriate resolution to carry it into effect.  
  6.32  In the election the form of the ballot shall be:  "In favor of 
  6.33  (here state the substance of the resolution to be submitted), 
  6.34  Yes ......  No......," with a square opposite each of the words 
  6.35  "yes" and "no," in one of which the voter shall mark an "X" to 
  6.36  indicate a choice.  The county board may call a special county 
  7.1   election upon a question to be held within 60 days after a 
  7.2   resolution to that effect is adopted by the county board.  Upon 
  7.3   the adoption of the resolution the county auditor shall post and 
  7.4   publish notices of the election, as required by section 204D.22, 
  7.5   subdivisions 2 and 3.  The election shall be conducted and the 
  7.6   returns canvassed in the manner prescribed by sections 204D.20 
  7.7   to 204D.27, so far as practicable. 
  7.8      Sec. 10.  Minnesota Statutes 2000, section 458.40, is 
  7.9   amended to read: 
  7.10     458.40 [MUST VOTE TO ISSUE BONDS IF CHARTER SAYS SO.] 
  7.11     If a charter adopted under the Minnesota Constitution, 
  7.12  article IV, section 36, article XI, section 4, or article XII, 
  7.13  section 5, has a provision that requires the question of the 
  7.14  issuance of bonds to be submitted to the electors, the provision 
  7.15  prevails over sections 458.36 to 458.40.  Such a question must 
  7.16  be submitted to the voters at the municipal general election, 
  7.17  notwithstanding any contrary provision in the charter regarding 
  7.18  the time of submission. 
  7.19     Sec. 11.  Minnesota Statutes 2000, section 469.053, 
  7.20  subdivision 5, is amended to read: 
  7.21     Subd. 5.  [REVERSE REFERENDUM.] A city may increase its 
  7.22  levy for port authority purposes under subdivision 4 only as 
  7.23  provided in this subdivision.  Its city council must first pass 
  7.24  a resolution stating the proposed amount of levy increase.  The 
  7.25  city must then publish the resolution together with a notice of 
  7.26  public hearing on the resolution for two successive weeks in its 
  7.27  official newspaper or, if none exists, in a newspaper of general 
  7.28  circulation in the city.  The hearing must be held two to four 
  7.29  weeks after the first publication.  After the hearing, the city 
  7.30  council may decide to take no action or may adopt a resolution 
  7.31  authorizing the proposed increase or a lesser increase.  A 
  7.32  resolution authorizing an increase must be published in the 
  7.33  city's official newspaper or, if none exists, in a newspaper of 
  7.34  general circulation in the city.  The resolution is not 
  7.35  effective if a petition requesting a referendum on the 
  7.36  resolution is filed with the city clerk within 30 days of 
  8.1   publication of the resolution.  The petition must be signed by 
  8.2   voters equaling five percent of the votes cast in the city in 
  8.3   the last general election.  The resolution is effective if 
  8.4   approved by a majority of those voting on the question.  The 
  8.5   commissioner of revenue shall prepare a suggested form of 
  8.6   referendum question.  The referendum must be held at a special 
  8.7   or municipal general election in the year before October 1 of 
  8.8   the year for which the levy increase is proposed. 
  8.9      Sec. 12.  Minnesota Statutes 2000, section 469.0724, is 
  8.10  amended to read: 
  8.11     469.0724 [GENERAL OBLIGATION BONDS.] 
  8.12     The port authority of Cannon Falls or Redwood Falls must 
  8.13  not proceed with the sale of general obligation tax supported 
  8.14  bonds until the city council by resolution approves the proposed 
  8.15  issuance.  The resolution must be published in the official 
  8.16  newspaper.  If, within 30 days after the publication, a petition 
  8.17  signed by voters equal in number to ten percent of the number of 
  8.18  voters at the last regular city election is filed with the city 
  8.19  clerk, the city and port authority must not issue the general 
  8.20  obligation tax supported bonds until the proposition has been 
  8.21  approved by a majority of the votes cast on the question at a 
  8.22  regular or special city general election. 
  8.23     Sec. 13.  Minnesota Statutes 2000, section 469.190, 
  8.24  subdivision 5, is amended to read: 
  8.25     Subd. 5.  [REVERSE REFERENDUM.] If the county board passes 
  8.26  a resolution under subdivision 4 to impose the tax, the 
  8.27  resolution must be published for two successive weeks in a 
  8.28  newspaper of general circulation within the unorganized 
  8.29  territory, together with a notice fixing a date for a public 
  8.30  hearing on the proposed tax. 
  8.31     The hearing must be held not less than two weeks nor more 
  8.32  than four weeks after the first publication of the notice.  
  8.33  After the public hearing, the county board may determine to take 
  8.34  no further action, or may adopt a resolution authorizing the tax 
  8.35  as originally proposed or approving a lesser rate of tax.  The 
  8.36  resolution must be published in a newspaper of general 
  9.1   circulation within the unorganized territory.  The voters of the 
  9.2   unorganized territory may request a referendum on the proposed 
  9.3   tax by filing a petition with the county auditor within 30 days 
  9.4   after the resolution is published.  The petition must be signed 
  9.5   by voters who reside in the unorganized territory.  The number 
  9.6   of signatures must equal at least five percent of the number of 
  9.7   persons voting in the unorganized territory in the last general 
  9.8   election.  If such a petition is timely filed, the resolution is 
  9.9   not effective until it has been submitted to the voters residing 
  9.10  in the unorganized territory at a the county general or special 
  9.11  election and a majority of votes cast on the question of 
  9.12  approving the resolution are in the affirmative.  The 
  9.13  commissioner of revenue shall prepare a suggested form of 
  9.14  question to be presented at the referendum.  
  9.15     Sec. 14.  Minnesota Statutes 2000, section 475.58, 
  9.16  subdivision 1, is amended to read: 
  9.17     Subdivision 1.  [APPROVAL BY ELECTORS; EXCEPTIONS.] 
  9.18  Obligations authorized by law or charter may be issued by any 
  9.19  municipality upon obtaining the approval of a majority of the 
  9.20  electors voting at a municipal general election on the question 
  9.21  of issuing the obligations, but an election shall not be 
  9.22  required to authorize obligations issued: 
  9.23     (1) to pay any unpaid judgment against the municipality; 
  9.24     (2) for refunding obligations; 
  9.25     (3) for an improvement or improvement program, which 
  9.26  obligation is payable wholly or partly from the proceeds of 
  9.27  special assessments levied upon property specially benefited by 
  9.28  the improvement or by an improvement within the improvement 
  9.29  program, or of taxes levied upon the increased value of property 
  9.30  within a district for the development of which the improvement 
  9.31  is undertaken, including obligations which are the general 
  9.32  obligations of the municipality, if the municipality is entitled 
  9.33  to reimbursement in whole or in part from the proceeds of such 
  9.34  special assessments or taxes and not less than 20 percent of the 
  9.35  cost of the improvement or the improvement program is to be 
  9.36  assessed against benefited property or is to be paid from the 
 10.1   proceeds of federal grant funds or a combination thereof, or is 
 10.2   estimated to be received from such taxes within the district; 
 10.3      (4) payable wholly from the income of revenue producing 
 10.4   conveniences; 
 10.5      (5) under the provisions of a home rule charter which 
 10.6   permits the issuance of obligations of the municipality without 
 10.7   election; 
 10.8      (6) under the provisions of a law which permits the 
 10.9   issuance of obligations of a municipality without an election; 
 10.10     (7) to fund pension or retirement fund liabilities pursuant 
 10.11  to section 475.52, subdivision 6; 
 10.12     (8) under a capital improvement plan under section 373.40; 
 10.13     (9) to fund facilities as provided in subdivision 3; and 
 10.14     (10) under sections 469.1813 to 469.1815 (property tax 
 10.15  abatement authority bonds). 
 10.16     Sec. 15.  Minnesota Statutes 2000, section 475.58, 
 10.17  subdivision 1a, is amended to read: 
 10.18     Subd. 1a.  [RESUBMISSION LIMITATION.] If the electors do 
 10.19  not approve the issuing of obligations at an election required 
 10.20  by subdivision 1, the question of authorizing the obligations 
 10.21  for the same purpose and in the same amount may not be submitted 
 10.22  to the electors within a period of 180 days from the date the 
 10.23  election was held.  If the question of authorizing the 
 10.24  obligations for the same purpose and in the same amount is not 
 10.25  approved a second time it may not be submitted to the electors 
 10.26  within a period of one year after the second election until the 
 10.27  next municipal general election. 
 10.28     Sec. 16.  Minnesota Statutes 2000, section 475.58, is 
 10.29  amended by adding a subdivision to read: 
 10.30     Subd. 5.  [BALLOT QUESTION; REQUIREMENTS.] The ballot 
 10.31  question for a referendum required under subdivision 1 must 
 10.32  contain the following: 
 10.33     (1) a statement of what the total annual increase in the 
 10.34  municipality's property tax levy and the increase in its 
 10.35  property tax rate would be if the entire amount of the bonds 
 10.36  issued were funded from the property tax levy; and 
 11.1      (2) a statement that the bonds are general obligations of 
 11.2   the municipality and will be guaranteed by the municipality's 
 11.3   property taxes. 
 11.4      Sec. 17.  Minnesota Statutes 2000, section 475.59, is 
 11.5   amended to read: 
 11.6      475.59 [MANNER OF SUBMISSION; NOTICE.] 
 11.7      When the governing body of a municipality resolves to issue 
 11.8   bonds for any purpose requiring the approval of the electors, it 
 11.9   shall provide for submission of the proposition of their 
 11.10  issuance at a general or special election or town or school 
 11.11  district meeting.  Notice of such election or meeting shall be 
 11.12  given in the manner required by law and shall state the maximum 
 11.13  amount and the purpose of the proposed issue.  In any school 
 11.14  district, the school board or board of education may, according 
 11.15  to its judgment and discretion, must submit as a single ballot 
 11.16  question or as two or more separate questions in the notice of 
 11.17  election and ballots the proposition of their the issuance of 
 11.18  bonds for any one or more of the following, stated conjunctively 
 11.19  or in the alternative:  acquisition or enlargement of sites, 
 11.20  acquisition, betterment, erection, furnishing, equipping of one 
 11.21  or more new schoolhouses, remodeling, repairing, improving, 
 11.22  adding to, betterment, furnishing, equipping of one or more 
 11.23  existing schoolhouses.  
 11.24     Sec. 18.  [EFFECTIVE DATE; APPLICATION.] 
 11.25     Sections 1 to 17 are effective January 1, 2001, and apply 
 11.26  to questions submitted to the voters after that date.