SF 727

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; local government referenda on
bonding and levy questions; requiring such questions
to be placed before the voters only at the general
election for the jurisdiction presenting the question;
regulating certain information about such ballot
questions; requiring certain reports to be filed in
connection with spending on such questions; amending
Minnesota Statutes 2004, sections 205.02, subdivision
2; 205.10, subdivision 1; 205A.05, subdivision 1;
211A.02, subdivision 2, by adding a subdivision;
297A.99, subdivision 3; 373.40, subdivision 2; 375.20;
458.40; 469.053, subdivision 5; 469.0724; 469.190,
subdivision 5; 475.58, subdivisions 1, 1a, by adding a
subdivision; 475.59; proposing coding for new law in
Minnesota Statutes, chapter 211B.

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

Section 1.

Minnesota Statutes 2004, section 205.02,
subdivision 2, is amended to read:

Subd. 2.

City elections.

In all statutory and home rule
charter cities, the primary, general and special elections held
for choosing city officials and deciding public questions
relating to the city shall be held as provided in this chapter,
except that sections 205.065, subdivisions 4 to 7; 205.07,
subdivision 3; 205.10 new text begin , subdivision 2 new text end ; 205.121; and 205.17,
subdivisions 2 and 3, do not apply to a city whose charter
provides the manner of holding its primary, general or special
elections.

Sec. 2.

Minnesota Statutes 2004, section 205.10,
subdivision 1, is amended to read:

Subdivision 1.

Questions.

Special elections may be held
in a city or town on a question on which the voters are
authorized by law or charter to pass judgment. new text begin An election in a
city on a question relating to bonding or a levy must be held at
the time of the municipal general election. new text end A special election
may be ordered by the governing body of the municipality on its
own motion or, on a question that has not been submitted to the
voters in an election within the previous six months, upon a
petition signed by a number of voters equal to 20 percent of the
votes cast at the last municipal general election. A question
is carried only with the majority in its favor required by law
or charter. The election officials for a special election shall
be the same as for the most recent municipal general election
unless changed according to law. Otherwise special elections
shall be conducted and the returns made in the manner provided
for the municipal general election.

Sec. 3.

Minnesota Statutes 2004, section 205A.05,
subdivision 1, is amended to read:

Subdivision 1.

Questions.

Special elections must be held
for a school district on a question on which the voters are
authorized by law to pass judgment. The school board may on its
own motion call a special election to vote on any matter
requiring approval of the voters of a district. Upon petition
of 50 or more voters of the school district or five percent of
the number of voters voting at the preceding regular school
district election, the school board shall by resolution call a
special election to vote on any matter requiring approval of the
voters of a district. A question is carried only with the
majority in its favor required by law. The election officials
for a special election are the same as for the most recent
school district general election unless changed according to
law. Otherwise, special elections must be conducted and the
returns made in the manner provided for the school district
general election. deleted text begin A deleted text end new text begin An election on a question relating to
bonding must be held at the school district general election.
Any other new text end special election may not be held during the 30 days
before and the 30 days after the state primary, during the 30
days before and the 40 days after the state general election.
In addition, a special election may not be held during the 20
days before and the 20 days after any regularly scheduled
election of a municipality wholly or partially within the school
district. Notwithstanding any other law to the contrary, the
time period in which a special election must be conducted under
any other law may be extended by the school board to conform
with the requirements of this subdivision.

Sec. 4.

Minnesota Statutes 2004, section 211A.02,
subdivision 2, is amended to read:

Subd. 2.

Information required.

new text begin Except as otherwise
provided by subdivision 2a, new text end the report to be filed by a
candidate or committee must include:

(1) the name of the candidate or ballot question;

(2) the name and address of the person responsible for
filing the report;

(3) the total amount of receipts and expenditures for the
period from the last previous report to five days before the
current report is due;

(4) the purpose for each expenditure; and

(5) the name of any individual or committee that during the
year has made one or more contributions that in the aggregate
are equal to or greater than $500.

Sec. 5.

Minnesota Statutes 2004, section 211A.02, is
amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Certain bonding and levy ballot questions;
information required. new text end

new text begin In the case of a committee that makes
disbursements of more than $750 to promote or defeat a ballot
question involving bonding or a levy by a county, city, or
school district, the committee must file a report containing the
information required under section 10A.20 with regard to ballot
questions. The Campaign Finance and Public Disclosure Board
must provide copies of the appropriate reporting form to county
auditors to be made available to filing officers within each
county.
new text end

Sec. 6.

new text begin [211B.085] COUNTY, CITY, AND SCHOOL DISTRICT
SPENDING ON CERTAIN BALLOT QUESTIONS.
new text end

new text begin Except as specifically authorized by this section, a
county, city, or school district must not use public funds to
prepare or disseminate material regarding the passage of a
ballot question relating to bonding or levying by the county,
city, or school district, including but not limited to
billboards or other signs, newspaper advertising, advertising
messages broadcast on radio or television, programming on cable
television, or material placed on an Internet Web site or
delivered by mail or in any other manner. A county, city, or
school district may prepare, and may make available only at its
offices upon request, written material in favor of the ballot
question, if it also disseminates on equal terms materials
provided by the opponents of the ballot question. Written
material allowed by this section must not be disseminated to
voters except upon request and specifically must not be combined
with materials mailed or otherwise delivered to residents of the
county, city, or school district, including school children, for
purposes of official government business.
new text end

new text begin A county, city, or school district may allow meetings in a
public building of proponents of a question involving bonding or
a levy by that unit of government, if opponents of the question
who so request are allowed to meet in a public building on
similar terms to those applicable to the proponents. A county,
city, or school district must not allow proponents or opponents
of a ballot question on bonding or a levy by a unit of local
government to place campaign signs on public property.
new text end

Sec. 7.

Minnesota Statutes 2004, section 297A.99,
subdivision 3, is amended to read:

Subd. 3.

Requirements for adoption, use, termination.

(a) Imposition of a local sales tax is subject to approval by
voters of the political subdivision at a general election new text begin after
the political subdivision obtains legislative approval under
subdivision 2 new text end .

new text begin (1) The ballot question at the referendum must include the
following information:
new text end

new text begin (i) the specific capital improvement to which the tax
proceeds will be dedicated;
new text end

new text begin (ii) a statement that the sales tax revenues are pledged to
pay for the specific capital improvement but the improvement
costs and any related bonds are a general obligation of the
political subdivision and will be guaranteed by the political
subdivision's property tax levy; and
new text end

new text begin (iii) the additional increase in the political
subdivision's property tax levy and the change in the political
subdivision's property tax rate if the specified capital
improvement was funded entirely from the property tax levy.
new text end

new text begin (2) If more than one improvement is proposed, each proposed
improvement must be listed as a separate question.
new text end

(b) The proceeds of the tax must be dedicated exclusively
to payment of the cost of a specific capital improvement which
is designated at least 90 days before the referendum on
imposition of the tax is conducted.

(c) The tax must terminate after the improvement designated
under paragraph (b) has been completed.

(d) After a sales tax imposed by a political subdivision
has expired or been terminated, the political subdivision is
prohibited from imposing a local sales tax for a period of one
year. Notwithstanding subdivision 13, this paragraph applies to
all local sales taxes in effect at the time of or imposed after
May 26, 1999.

Sec. 8.

Minnesota Statutes 2004, section 373.40,
subdivision 2, is amended to read:

Subd. 2.

Application of election requirement.

(a) Bonds
issued by a county to finance capital improvements under an
approved capital improvement plan are not subject to the
election requirements of section 375.18 or 475.58. The bonds
must be approved by vote of at least three-fifths of the members
of the county board. In the case of a metropolitan county, the
bonds must be approved by vote of at least two-thirds of the
members of the county board.

(b) Before issuance of bonds qualifying under this section,
the county must publish a notice of its intention to issue the
bonds and the date and time of a hearing to obtain public
comment on the matter. The notice must be published in the
official newspaper of the county or in a newspaper of general
circulation in the county. The notice must be published at
least 14, but not more than 28, days before the date of the
hearing.

(c) A county may issue the bonds only upon obtaining the
approval of a majority of the voters voting on the question of
issuing the obligations, if a petition requesting a vote on the
issuance is signed by voters equal to five percent of the votes
cast in the county in the last general election and is filed
with the county auditor within 30 days after the public
hearing. The commissioner of revenue shall prepare a suggested
form of the question to be presented at the election. new text begin The
election must be held at the county general election.
new text end

Sec. 9.

Minnesota Statutes 2004, section 375.20, is
amended to read:

375.20 BALLOT QUESTIONS.

If the county board may do an act, incur a debt,
appropriate money for a purpose, or exercise any other power or
authority, only if authorized by a vote of the people, the
question may be submitted at a special or general election, by a
resolution specifying the matter or question to be voted upon.
If the question is to authorize the appropriation of money,
creation of a debt, or levy of a tax, it shall state the
amount new text begin and it must be submitted to the voters at the county
general election new text end . Notice of the election shall be given as in
the case of new text begin the general election or new text end special elections new text begin , as
applicable new text end . If the question submitted is adopted, the board
shall pass an appropriate resolution to carry it into effect.
In the election the form of the ballot shall be: "In favor of
(here state the substance of the resolution to be submitted),
Yes ...... No......," with a square opposite each of the words
"yes" and "no," in one of which the voter shall mark an "X" to
indicate a choice. deleted text begin The county board may call a special county
election upon a question to be held within 60 days after a
resolution to that effect is adopted by the county board. deleted text end Upon
the adoption of the resolution the county auditor shall post and
publish notices of the election, as required by section 204D.22,
subdivisions 2 and 3. The election shall be conducted and the
returns canvassed in the manner prescribed by sections 204D.20
to 204D.27, so far as practicable.

Sec. 10.

Minnesota Statutes 2004, section 458.40, is
amended to read:

458.40 MUST VOTE TO ISSUE BONDS IF CHARTER SAYS SO.

If a charter adopted under the Minnesota Constitution,
article IV, section 36, article XI, section 4, or article XII,
section 5, has a provision that requires the question of the
issuance of bonds to be submitted to the electors, the provision
prevails over sections 458.36 to 458.40. new text begin Such a question must
be submitted to the voters at the municipal general election,
notwithstanding any contrary provision in the charter regarding
the time of submission.
new text end

Sec. 11.

Minnesota Statutes 2004, section 469.053,
subdivision 5, is amended to read:

Subd. 5.

Reverse referendum.

A city may increase its
levy for port authority purposes under subdivision 4 only as
provided in this subdivision. Its city council must first pass
a resolution stating the proposed amount of levy increase. The
city must then publish the resolution together with a notice of
public hearing on the resolution for two successive weeks in its
official newspaper or, if none exists, in a newspaper of general
circulation in the city. The hearing must be held two to four
weeks after the first publication. After the hearing, the city
council may decide to take no action or may adopt a resolution
authorizing the proposed increase or a lesser increase. A
resolution authorizing an increase must be published in the
city's official newspaper or, if none exists, in a newspaper of
general circulation in the city. The resolution is not
effective if a petition requesting a referendum on the
resolution is filed with the city clerk within 30 days of
publication of the resolution. The petition must be signed by
voters equaling five percent of the votes cast in the city in
the last general election. The resolution is effective if
approved by a majority of those voting on the question. The
commissioner of revenue shall prepare a suggested form of
referendum question. The referendum must be held at a deleted text begin special
or deleted text end new text begin municipal new text end general election new text begin in the year new text end before deleted text begin October 1 of
deleted text end the year for which the levy increase is proposed.

Sec. 12.

Minnesota Statutes 2004, section 469.0724, is
amended to read:

469.0724 GENERAL OBLIGATION BONDS.

The port authority of Cannon Falls or Redwood Falls must
not proceed with the sale of general obligation tax supported
bonds until the city council by resolution approves the proposed
issuance. The resolution must be published in the official
newspaper. If, within 30 days after the publication, a petition
signed by voters equal in number to ten percent of the number of
voters at the last regular city election is filed with the city
clerk, the city and port authority must not issue the general
obligation tax supported bonds until the proposition has been
approved by a majority of the votes cast on the question at a
regular deleted text begin or special deleted text end new text begin city general new text end election.

Sec. 13.

Minnesota Statutes 2004, section 469.190,
subdivision 5, is amended to read:

Subd. 5.

Reverse referendum.

If the county board passes
a resolution under subdivision 4 to impose the tax, the
resolution must be published for two successive weeks in a
newspaper of general circulation within the unorganized
territory, together with a notice fixing a date for a public
hearing on the proposed tax.

The hearing must be held not less than two weeks nor more
than four weeks after the first publication of the notice.
After the public hearing, the county board may determine to take
no further action, or may adopt a resolution authorizing the tax
as originally proposed or approving a lesser rate of tax. The
resolution must be published in a newspaper of general
circulation within the unorganized territory. The voters of the
unorganized territory may request a referendum on the proposed
tax by filing a petition with the county auditor within 30 days
after the resolution is published. The petition must be signed
by voters who reside in the unorganized territory. The number
of signatures must equal at least five percent of the number of
persons voting in the unorganized territory in the last general
election. If such a petition is timely filed, the resolution is
not effective until it has been submitted to the voters residing
in the unorganized territory at deleted text begin a deleted text end new text begin the county new text end general deleted text begin or special
deleted text end election and a majority of votes cast on the question of
approving the resolution are in the affirmative. The
commissioner of revenue shall prepare a suggested form of
question to be presented at the referendum.

Sec. 14.

Minnesota Statutes 2004, section 475.58,
subdivision 1, is amended to read:

Subdivision 1.

Approval by electors; exceptions.

Obligations authorized by law or charter may be issued by any
municipality upon obtaining the approval of a majority of the
electors voting new text begin at a municipal general election new text end on the question
of issuing the obligations, but an election shall not be
required to authorize obligations issued:

(1) to pay any unpaid judgment against the municipality;

(2) for refunding obligations;

(3) for an improvement or improvement program, which
obligation is payable wholly or partly from the proceeds of
special assessments levied upon property specially benefited by
the improvement or by an improvement within the improvement
program, or of taxes levied upon the increased value of property
within a district for the development of which the improvement
is undertaken, including obligations which are the general
obligations of the municipality, if the municipality is entitled
to reimbursement in whole or in part from the proceeds of such
special assessments or taxes and not less than 20 percent of the
cost of the improvement or the improvement program is to be
assessed against benefited property or is to be paid from the
proceeds of federal grant funds or a combination thereof, or is
estimated to be received from such taxes within the district;

(4) payable wholly from the income of revenue producing
conveniences;

(5) under the provisions of a home rule charter which
permits the issuance of obligations of the municipality without
election;

(6) under the provisions of a law which permits the
issuance of obligations of a municipality without an election;

(7) to fund pension or retirement fund liabilities pursuant
to section 475.52, subdivision 6;

(8) under a capital improvement plan under section 373.40;
and

(9) under sections 469.1813 to 469.1815 (property tax
abatement authority bonds), if the proceeds of the bonds are not
used for a purpose prohibited under section 469.176, subdivision
4g, paragraph (b).

Sec. 15.

Minnesota Statutes 2004, section 475.58,
subdivision 1a, is amended to read:

Subd. 1a.

Resubmission limitation.

If the electors do
not approve the issuing of obligations at an election required
by subdivision 1, the question of authorizing the obligations
for the same purpose and in the same amount may not be submitted
to the electors deleted text begin within a period of 180 days from the date the
election was held. If the question of authorizing the
obligations for the same purpose and in the same amount is not
approved a second time it may not be submitted to the electors
within a period of one year after the second election deleted text end new text begin until the
next municipal general election new text end .

Sec. 16.

Minnesota Statutes 2004, section 475.58, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Ballot question; requirements. new text end

new text begin The ballot
question for a referendum required under subdivision 1 must
contain the following:
new text end

new text begin (1) a statement of what the total annual increase in the
municipality's property tax levy and the increase in its
property tax rate would be if the entire amount of the bonds
issued were funded from the property tax levy; and
new text end

new text begin (2) a statement that the bonds are general obligations of
the municipality and will be guaranteed by the municipality's
property taxes.
new text end

Sec. 17.

Minnesota Statutes 2004, section 475.59, is
amended to read:

475.59 MANNER OF SUBMISSION; NOTICE.

When the governing body of a municipality resolves to issue
bonds for any purpose requiring the approval of the electors, it
shall provide for submission of the proposition of their
issuance at a general deleted text begin or special deleted text end election or town deleted text begin or school
district deleted text end meeting. Notice of such election or meeting shall be
given in the manner required by law and shall state the maximum
amount and the purpose of the proposed issue. In any school
district, the school board or board of education deleted text begin may, according
to its judgment and discretion deleted text end , new text begin must new text end submit as deleted text begin a single ballot
question or as deleted text end two or more separate questions in the notice of
election and ballots the proposition of deleted text begin their deleted text end new text begin the new text end issuance new text begin of
bonds new text end for any one or more of the following, stated deleted text begin conjunctively
or deleted text end in the alternative: acquisition or enlargement of sites,
acquisition, betterment, erection, furnishing, equipping of one
or more new schoolhouses, remodeling, repairing, improving,
adding to, betterment, furnishing, equipping of one or more
existing schoolhouses. In any city, town, or county, the
governing body may, according to its judgment and discretion,
submit as a single ballot question or as two or more separate
questions in the notice of election and ballots the proposition
of their issuance, stated conjunctively or in the alternative,
for the acquisition, construction, or improvement of any
facilities at one or more locations.

Sec. 18. new text begin EFFECTIVE DATE; APPLICATION.
new text end

new text begin Sections 1 to 17 are effective January 1, 2006, and apply
to questions submitted to the voters after that date.
new text end