HF 3159

as introduced - 90th Legislature (2017 - 2018) Posted on 03/08/2018 05:47pm

A bill for an act
relating to education; authorizing school districts to renew expiring referendums
and capital project referendums by action of school board; amending Minnesota
Statutes 2016, sections 123B.63, by adding a subdivision; 126C.17, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2016, section 123B.63, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Renewal by school board. new text end

new text begin (a) Notwithstanding the election requirements of
subdivision 3, a school board may renew an expiring capital project levy referendum by
board action if:
new text end

new text begin (1) the local tax rate is the same as the referendum expiring;
new text end

new text begin (2) the term of the renewed levy is no longer than the initial term approved by the voters;
and
new text end

new text begin (3) the school board has adopted a written resolution authorizing the renewal after holding
a meeting and allowing public testimony on the proposed renewal.
new text end

new text begin (b) The resolution must be adopted by the school board by June 15 of any calendar year
and becomes effective 60 days after its adoption.
new text end

new text begin (c) A capital project levy referendum expires in the last fiscal year in which the
referendum generates revenue for the school district. A school board may renew an expiring
referendum under this subdivision not more than two fiscal years before the referendum
expires.
new text end

new text begin (d) A district renewing an expiring referendum under this subdivision must submit a
copy of the adopted resolution to the commissioner and to the county auditor no later than
September 1 of the calendar year in which the levy is certified.
new text end

new text begin (e) A school board exercising renewal authority under this subdivision must meet the
requirements of section 123B.71. A school board must not use board-renewed levy proceeds
under this subdivision to fund a project not receiving a positive review and comment by the
commissioner if required under section 123B.71, subdivision 8.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 2.

Minnesota Statutes 2016, section 126C.17, is amended by adding a subdivision to
read:

new text begin Subd. 9b. new text end

new text begin Renewal by school board. new text end

new text begin (a) Notwithstanding the election requirements of
subdivision 9, a school board may renew an expiring referendum by board action if:
new text end

new text begin (1) the per-pupil amount of the referendum is the same as the amount expiring;
new text end

new text begin (2) the term of the renewed referendum is no longer than the initial term approved by
the voters; and
new text end

new text begin (3) the school board has adopted a written resolution authorizing the renewal after holding
a meeting and allowing public testimony on the proposed renewal.
new text end

new text begin (b) The resolution must be adopted by the school board by June 15 of any calendar year
and becomes effective 60 days after its adoption.
new text end

new text begin (c) A referendum expires in the last fiscal year in which the referendum generates revenue
for the school district. A school board may renew an expiring referendum under this
subdivision not more than two fiscal years before the referendum expires.
new text end

new text begin (d) A district renewing an expiring referendum under this subdivision must submit a
copy of the adopted resolution to the commissioner and to the county auditor no later than
September 1 of the calendar year in which the levy is certified.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end