Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                         CHAPTER 44-H.F.No. 381 
           An act relating to education; revising the mailing 
          requirement for notices of referendum revenue 
          authorization elections; amending Minnesota Statutes 
          1992, section 124A.03, subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 124A.03, 
subdivision 2, is amended to read: 
    Subd. 2.  [REFERENDUM REVENUE.] (a) The revenue authorized 
by section 124A.22, subdivision 1, may be increased in the 
amount approved by the voters of the district at a referendum 
called for the purpose.  The referendum may be called by the 
school board or shall be called by the school board upon written 
petition of qualified voters of the district.  The referendum 
shall be conducted during the calendar year before the increased 
levy authority, if approved, first becomes payable.  Only one 
election to approve an increase may be held in a calendar year.  
Unless the referendum is conducted by mail under paragraph (g), 
the referendum must be held on the first Tuesday after the first 
Monday in November.  The ballot shall state the maximum amount 
of the increased revenue per actual pupil unit, the estimated 
referendum tax rate as a percentage of market value in the first 
year it is to be levied, and that the revenue shall be used to 
finance school operations.  The ballot may state that existing 
referendum levy authority is expiring.  In this case, the ballot 
may also compare the proposed levy authority to the existing 
expiring levy authority, and express the proposed increase as 
the amount, if any, over the expiring referendum levy 
authority.  The ballot shall designate the specific number of 
years, not to exceed five, for which the referendum 
authorization shall apply.  The ballot may contain a textual 
portion with the information required in this subdivision and a 
question stating substantially the following:  
    "Shall the increase in the revenue proposed by (petition 
to) the board of ........., School District No. .., be approved?"
    If approved, an amount equal to the approved revenue per 
actual pupil unit times the actual pupil units for the school 
year beginning in the year after the levy is certified shall be 
authorized for certification for the number of years approved, 
if applicable, or until revoked or reduced by the voters of the 
district at a subsequent referendum. 
    (b) The school board shall prepare and deliver by first 
class mail at least 15 days but no more than 30 days prior to 
the day of the referendum to each taxpayer at the address listed 
on the school district's current year's assessment roll, a 
notice of the referendum and the proposed revenue increase.  The 
school board need not mail more than one notice to any 
taxpayer.  For the purpose of giving mailed notice under this 
subdivision, owners shall be those shown to be owners on the 
records of the county auditor or, in any county where tax 
statements are mailed by the county treasurer, on the records of 
the county treasurer.  Every property owner whose name does not 
appear on the records of the county auditor or the county 
treasurer shall be deemed to have waived this mailed notice 
unless the owner has requested in writing that the county 
auditor or county treasurer, as the case may be, include the 
name on the records for this purpose.  The notice must project 
the anticipated amount of tax increase in annual dollars and 
annual percentage for typical residential homesteads, 
agricultural homesteads, apartments, and commercial-industrial 
property within the school district. 
       The notice for a referendum may state that an existing 
referendum levy is expiring and project the anticipated amount 
of increase over the existing referendum levy, if any, in annual 
dollars and annual percentage for typical residential 
homesteads, agricultural homesteads, apartments, and 
commercial-industrial property within the school district. 
      The notice must include the following statement:  "Passage 
of this referendum will result in an increase in your property 
taxes." 
      (c) A referendum on the question of revoking or reducing 
the increased revenue amount authorized pursuant to paragraph 
(a) may be called by the school board and shall be called by the 
school board upon the written petition of qualified voters of 
the district.  A referendum to revoke or reduce the levy amount 
must be based upon the dollar amount, local tax rate, or amount 
per actual pupil unit, that was stated to be the basis for the 
initial authorization.  Revenue approved by the voters of the 
district pursuant to paragraph (a) must be received at least 
once before it is subject to a referendum on its revocation or 
reduction for subsequent years.  Only one revocation or 
reduction referendum may be held to revoke or reduce referendum 
revenue for any specific year and for years thereafter. 
      (d) A petition authorized by paragraph (a) or (c) shall be 
effective if signed by a number of qualified voters in excess of 
15 percent of the registered voters of the school district on 
the day the petition is filed with the school board.  A 
referendum invoked by petition shall be held on the date 
specified in paragraph (a). 
      (e) The approval of 50 percent plus one of those voting on 
the question is required to pass a referendum authorized by this 
subdivision. 
      (f) At least 15 days prior to the day of the referendum, 
the district shall submit a copy of the notice required under 
paragraph (b) to the commissioner of education.  Within 15 days 
after the results of the referendum have been certified by the 
school board, or in the case of a recount, the certification of 
the results of the recount by the canvassing board, the district 
shall notify the commissioner of education of the results of the 
referendum. 
      (g) Any referendum under this section held on a day other 
than the first Tuesday after the first Monday in November must 
be conducted by mail in accordance with section 204B.46.  
Notwithstanding paragraph (b) to the contrary, in the case of a 
referendum conducted by mail under this paragraph, the notice 
required by paragraph (b) shall be prepared and delivered by 
first class mail at least 20 days before the referendum. 
    Sec. 2.  [EFFECTIVE DATE.] 
    Section 1 is effective the day following final enactment. 
    Presented to the governor April 22, 1993 
    Signed by the governor April 23, 1993, 9:58 a.m.