as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
|Introduction||Posted on 03/21/2001|
1.1 A bill for an act 1.2 relating to education; allowing school districts to 1.3 expend reasonable funds to transmit relevant facts 1.4 about a ballot measure or other government initiative; 1.5 requiring a school district policy on reasonable 1.6 expenditures for transmitting information on 1.7 government-proposed initiatives; requiring school 1.8 districts to inform voters on district lobbying 1.9 expenditures; amending Minnesota Statutes 2000, 1.10 sections 123B.10, subdivision 1; 275.065, subdivision 1.11 5a; proposing coding for new law in Minnesota 1.12 Statutes, chapter 123B. 1.13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.14 Section 1. [123B.095] [REASONABLE EXPENSES; BALLOT 1.15 MEASURES; POLICY ON INFORMATION EXPENDITURES.] 1.16 (a) A school board may expend a reasonable amount of 1.17 district funds to transmit to voters relevant facts about a 1.18 ballot measure that is before the voters. School board members 1.19 may express support for or opposition to a ballot measure but 1.20 the school board must not expend any district funds to support 1.21 or oppose a ballot measure. 1.22 (b) A school board annually must formally adopt a policy on 1.23 expending district funds and using other district resources to 1.24 transmit factual information and support or oppose 1.25 government-proposed initiatives that affect the district's 1.26 education programs. 1.27 [EFFECTIVE DATE.] This section is effective the day 1.28 following final enactment and applies to the 2001-2002 school 1.29 year and later. 2.1 Sec. 2. Minnesota Statutes 2000, section 123B.10, 2.2 subdivision 1, is amended to read: 2.3 Subdivision 1. [BUDGETS.] By October 1, every board must 2.4 publish revenue and expenditure budgets for the current year and 2.5 the actual revenues, expenditures, fund balances for the prior 2.6 year and projected fund balances for the current year in a form 2.7 prescribed by the commissioner. Among other things, the budgets 2.8 must indicate the amount of funds the district expended and 2.9 other resources the district used to transmit factual 2.10 information and support or oppose government-proposed 2.11 initiatives affecting the district's education programs, 2.12 consistent with section 123B.095, paragraph (b). The forms 2.13 prescribed must be designed so that year to year comparisons of 2.14 revenue, expenditures and fund balances can be made. These 2.15 budgets, reports of revenue, expenditures and fund balances must 2.16 be published in a qualified newspaper of general circulation in 2.17 the district. 2.18 [EFFECTIVE DATE.] This section is effective the day 2.19 following final enactment and applies to the 2001-2002 school 2.20 year and later. 2.21 Sec. 3. Minnesota Statutes 2000, section 275.065, 2.22 subdivision 5a, is amended to read: 2.23 Subd. 5a. [PUBLIC ADVERTISEMENT.] (a) A city that has a 2.24 population of more than 2,500, county, a metropolitan special 2.25 taxing district as defined in subdivision 3, paragraph (i), a 2.26 regional library district established under section 134.201, or 2.27 school district shall advertise in a newspaper a notice of its 2.28 intent to adopt a budget and property tax levy or, in the case 2.29 of a school district, to review its current budget and proposed 2.30 property taxes payable in the following year, at a public 2.31 hearing. The notice must be published not less than two 2.32 business days nor more than six business days before the hearing. 2.33 The advertisement must be at least one-eighth page in size 2.34 of a standard-size or a tabloid-size newspaper. The 2.35 advertisement must not be placed in the part of the newspaper 2.36 where legal notices and classified advertisements appear. The 3.1 advertisement must be published in an official newspaper of 3.2 general circulation in the taxing authority. The newspaper 3.3 selected must be one of general interest and readership in the 3.4 community, and not one of limited subject matter. The 3.5 advertisement must appear in a newspaper that is published at 3.6 least once per week. 3.7 For purposes of this section, the metropolitan special 3.8 taxing district's advertisement must only be published in the 3.9 Minneapolis Star and Tribune and the Saint Paul Pioneer Press. 3.10 (b) The advertisement for school districts, metropolitan 3.11 special taxing districts, and regional library districts must be 3.12 in the following form, except that the notice for a school 3.13 district must indicate the amount of funds the district expended 3.14 and other resources the district used to transmit factual 3.15 information and support or oppose government-proposed 3.16 initiatives affecting the district's education programs, 3.17 consistent with section 123B.095, paragraph (b), and may include 3.18 references to the current budget in regard to proposed property 3.19 taxes. 3.20 "NOTICE OF 3.21 PROPOSED PROPERTY TAXES 3.22 (School District/Metropolitan 3.23 Special Taxing District/Regional 3.24 Library District) of ......... 3.25 The governing body of ........ will soon hold budget hearings 3.26 and vote on the property taxes for (metropolitan special taxing 3.27 district/regional library district services that will be 3.28 provided in (year)/school district services that will be 3.29 provided in (year) and (year)). 3.30 NOTICE OF PUBLIC HEARING: 3.31 All concerned citizens are invited to attend a public hearing 3.32 and express their opinions on the proposed (school 3.33 district/metropolitan special taxing district/regional library 3.34 district) budget and property taxes, or in the case of a school 3.35 district, its current budget and proposed property taxes, 3.36 payable in the following year. The hearing will be held on 4.1 (Month/Day/Year) at (Time) at (Location, Address)." 4.2 (c) The advertisement for cities and counties must be in 4.3 the following form. 4.4 "NOTICE OF PROPOSED 4.5 TOTAL BUDGET AND PROPERTY TAXES 4.6 The (city/county) governing body or board of commissioners will 4.7 hold a public hearing to discuss the budget and to vote on the 4.8 amount of property taxes to collect for services the 4.9 (city/county) will provide in (year). 4.10 4.11 SPENDING: The total budget amounts below compare 4.12 (city's/county's) (year) total actual budget with the amount the 4.13 (city/county) proposes to spend in (year). 4.14 4.15 (Year) Total Proposed (Year) Change from 4.16 Actual Budget Budget (Year)-(Year) 4.17 4.18 $....... $....... ...% 4.19 4.20 TAXES: The property tax amounts below compare that portion of 4.21 the current budget levied in property taxes in (city/county) for 4.22 (year) with the property taxes the (city/county) proposes to 4.23 collect in (year). 4.24 4.25 (Year) Property Proposed (Year) Change from 4.26 Taxes Property Taxes (Year)-(Year) 4.27 4.28 $....... $....... ...% 4.29 4.30 ATTEND THE PUBLIC HEARING 4.31 All (city/county) residents are invited to attend the public 4.32 hearing of the (city/county) to express your opinions on the 4.33 budget and the proposed amount of (year) property taxes. The 4.34 hearing will be held on: 4.35 (Month/Day/Year/Time) 4.36 (Location/Address) 5.1 If the discussion of the budget cannot be completed, a time and 5.2 place for continuing the discussion will be announced at the 5.3 hearing. You are also invited to send your written comments to: 5.4 (City/County) 5.5 (Location/Address)" 5.6 (d) For purposes of this subdivision, the budget amounts 5.7 listed on the advertisement mean: 5.8 (1) for cities, the total government fund expenditures, as 5.9 defined by the state auditor under section 471.6965, less any 5.10 expenditures for improvements or services that are specially 5.11 assessed or charged under chapter 429, 430, 435, or the 5.12 provisions of any other law or charter; and 5.13 (2) for counties, the total government fund expenditures, 5.14 as defined by the state auditor under section 375.169, less any 5.15 expenditures for direct payments to recipients or providers for 5.16 the human service aids listed below: 5.17 (i) Minnesota family investment program under chapters 256J 5.18 and 256K; 5.19 (ii) medical assistance under sections 256B.041, 5.20 subdivision 5, and 256B.19, subdivision 1; 5.21 (iii) general assistance medical care under section 5.22 256D.03, subdivision 6; 5.23 (iv) general assistance under section 256D.03, subdivision 5.24 2; 5.25 (v) emergency assistance under section 256J.48; 5.26 (vi) Minnesota supplemental aid under section 256D.36, 5.27 subdivision 1; 5.28 (vii) preadmission screening under section 256B.0911, and 5.29 alternative care grants under section 256B.0913; 5.30 (viii) general assistance medical care claims processing, 5.31 medical transportation and related costs under section 256D.03, 5.32 subdivision 4; 5.33 (ix) medical transportation and related costs under section 5.34 256B.0625, subdivisions 17 to 18a; 5.35 (x) group residential housing under section 256I.05, 5.36 subdivision 8, transferred from programs in clauses (iv) and 6.1 (vi); or 6.2 (xi) any successor programs to those listed in clauses (i) 6.3 to (x). 6.4 (e) A city with a population of over 500 but not more than 6.5 2,500 must advertise by posted notice as defined in section 6.6 645.12, subdivision 1. The advertisement must be posted at the 6.7 time provided in paragraph (a). It must be in the form required 6.8 in paragraph (b). 6.9 (f) For purposes of this subdivision, the population of a 6.10 city is the most recent population as determined by the state 6.11 demographer under section 4A.02. 6.12 (g) The commissioner of revenue, subject to the approval of 6.13 the chairs of the house and senate tax committees, shall 6.14 prescribe the form and format of the advertisement. 6.15 [EFFECTIVE DATE.] This section is effective the day 6.16 following final enactment and applies to the 2001-2002 school 6.17 year and later.