HF 551

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to education; clarifying the required wording 
  1.3             of the referendum levy notice; amending Minnesota 
  1.4             Statutes 1994, section 124A.03, subdivision 2. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1994, section 124A.03, 
  1.7   subdivision 2, is amended to read: 
  1.8      Subd. 2.  [REFERENDUM REVENUE.] (a) The revenue authorized 
  1.9   by section 124A.22, subdivision 1, may be increased in the 
  1.10  amount approved by the voters of the district at a referendum 
  1.11  called for the purpose.  The referendum may be called by the 
  1.12  school board or shall be called by the school board upon written 
  1.13  petition of qualified voters of the district.  The referendum 
  1.14  shall be conducted during the calendar year before the increased 
  1.15  levy authority, if approved, first becomes payable.  Only one 
  1.16  election to approve an increase may be held in a calendar year.  
  1.17  Unless the referendum is conducted by mail under paragraph (g), 
  1.18  the referendum must be held on the first Tuesday after the first 
  1.19  Monday in November.  The ballot shall state the maximum amount 
  1.20  of the increased revenue per actual pupil unit, the estimated 
  1.21  referendum tax rate as a percentage of market value in the first 
  1.22  year it is to be levied, and that the revenue shall be used to 
  1.23  finance school operations.  The ballot may state that existing 
  1.24  referendum levy authority is expiring.  In this case, the ballot 
  1.25  may also compare the proposed levy authority to the existing 
  2.1   expiring levy authority, and express the proposed increase as 
  2.2   the amount, if any, over the expiring referendum levy 
  2.3   authority.  The ballot shall designate the specific number of 
  2.4   years, not to exceed ten, for which the referendum authorization 
  2.5   shall apply.  The ballot may contain a textual portion with the 
  2.6   information required in this subdivision and a question stating 
  2.7   substantially the following:  
  2.8      "Shall the increase in the revenue proposed by (petition 
  2.9   to) the board of ........., School District No. .., be approved?"
  2.10     If approved, an amount equal to the approved revenue per 
  2.11  actual pupil unit times the actual pupil units for the school 
  2.12  year beginning in the year after the levy is certified shall be 
  2.13  authorized for certification for the number of years approved, 
  2.14  if applicable, or until revoked or reduced by the voters of the 
  2.15  district at a subsequent referendum. 
  2.16     (b) The school board shall prepare and deliver by first 
  2.17  class mail at least 15 days but no more than 30 days prior to 
  2.18  the day of the referendum to each taxpayer a notice of the 
  2.19  referendum and the proposed revenue increase.  The school board 
  2.20  need not mail more than one notice to any taxpayer.  For the 
  2.21  purpose of giving mailed notice under this subdivision, owners 
  2.22  shall be those shown to be owners on the records of the county 
  2.23  auditor or, in any county where tax statements are mailed by the 
  2.24  county treasurer, on the records of the county treasurer.  Every 
  2.25  property owner whose name does not appear on the records of the 
  2.26  county auditor or the county treasurer shall be deemed to have 
  2.27  waived this mailed notice unless the owner has requested in 
  2.28  writing that the county auditor or county treasurer, as the case 
  2.29  may be, include the name on the records for this purpose.  The 
  2.30  notice must project the anticipated amount of tax increase in 
  2.31  annual dollars and annual percentage for typical residential 
  2.32  homesteads, agricultural homesteads, apartments, and 
  2.33  commercial-industrial property within the school district. 
  2.34     The notice for a referendum may state that an existing 
  2.35  referendum levy is expiring and project the anticipated amount 
  2.36  of increase over the existing referendum levy, if any, in annual 
  3.1   dollars and annual percentage for typical residential 
  3.2   homesteads, agricultural homesteads, apartments, and 
  3.3   commercial-industrial property within the school district. 
  3.4      The notice must include the following statement:  "Passage 
  3.5   of this referendum will may result in an increase in your 
  3.6   property taxes." 
  3.7      (c) A referendum on the question of revoking or reducing 
  3.8   the increased revenue amount authorized pursuant to paragraph 
  3.9   (a) may be called by the school board and shall be called by the 
  3.10  school board upon the written petition of qualified voters of 
  3.11  the district.  A referendum to revoke or reduce the levy amount 
  3.12  must be based upon the dollar amount, local tax rate, or amount 
  3.13  per actual pupil unit, that was stated to be the basis for the 
  3.14  initial authorization.  Revenue approved by the voters of the 
  3.15  district pursuant to paragraph (a) must be received at least 
  3.16  once before it is subject to a referendum on its revocation or 
  3.17  reduction for subsequent years.  Only one revocation or 
  3.18  reduction referendum may be held to revoke or reduce referendum 
  3.19  revenue for any specific year and for years thereafter. 
  3.20     (d) A petition authorized by paragraph (a) or (c) shall be 
  3.21  effective if signed by a number of qualified voters in excess of 
  3.22  15 percent of the registered voters of the school district on 
  3.23  the day the petition is filed with the school board.  A 
  3.24  referendum invoked by petition shall be held on the date 
  3.25  specified in paragraph (a). 
  3.26     (e) The approval of 50 percent plus one of those voting on 
  3.27  the question is required to pass a referendum authorized by this 
  3.28  subdivision. 
  3.29     (f) At least 15 days prior to the day of the referendum, 
  3.30  the district shall submit a copy of the notice required under 
  3.31  paragraph (b) to the commissioner of education.  Within 15 days 
  3.32  after the results of the referendum have been certified by the 
  3.33  school board, or in the case of a recount, the certification of 
  3.34  the results of the recount by the canvassing board, the district 
  3.35  shall notify the commissioner of education of the results of the 
  3.36  referendum. 
  4.1      (g) Any referendum under this section held on a day other 
  4.2   than the first Tuesday after the first Monday in November must 
  4.3   be conducted by mail in accordance with section 204B.46.  
  4.4   Notwithstanding paragraph (b) to the contrary, in the case of a 
  4.5   referendum conducted by mail under this paragraph, the notice 
  4.6   required by paragraph (b) shall be prepared and delivered by 
  4.7   first class mail at least 20 days before the referendum.