Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1310 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to elections; amending ballot language relating to school district referenda;
3	3	1.3 amending Minnesota Statutes 2024, sections 123B.63, subdivision 3; 126C.17,
4	4	1.4 subdivision 9; 275.60.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. Minnesota Statutes 2024, section 123B.63, subdivision 3, is amended to read:
7	7	1.7 Subd. 3.Capital project levy referendum.(a) A district may levy the local tax rate
8	8	1.8approved by a majority of the electors voting on the question to provide funds for an approved
9	9	1.9project. The election must take place no more than five years before the estimated date of
10	10	1.10commencement of the project. The referendum must be held on a date authorized by section
11	11	1.11205A.05, subdivision 1a. A district must meet the requirements of section 123B.71 for
12	12	1.12projects funded under this section. If a review and comment is required under section
13	13	1.13123B.71, subdivision 8, a referendum for a project not receiving a positive review and
14	14	1.14comment by the commissioner must be approved by at least 60 percent of the voters at the
15	15	1.15election.
16	16	1.16 (b) The referendum may be called by the school board and may be held:
17	17	1.17 (1) separately, before an election for the issuance of obligations for the project under
18	18	1.18chapter 475; or
19	19	1.19 (2) in conjunction with an election for the issuance of obligations for the project under
20	20	1.20chapter 475; or
21	21	1Section 1.
22	22	25-03074 as introduced01/31/25 REVISOR JFK/NS
23	23	SENATE
24	24	STATE OF MINNESOTA
25	25	S.F. No. 1310NINETY-FOURTH SESSION
26	26	(SENATE AUTHORS: CWODZINSKI)
27	27	OFFICIAL STATUSD-PGDATE
28	28	Introduction and first reading02/13/2025
29	29	Referred to Elections 2.1 (3) notwithstanding section 475.59, as a conjunctive question authorizing both the capital
30	30	2.2project levy and the issuance of obligations for the project under chapter 475. Any obligations
31	31	2.3authorized for a project may be issued within five years of the date of the election.
32	32	2.4 (c) The ballot must provide a general description of the proposed project, state the
33	33	2.5estimated total cost of the project, state whether the project has received a positive or negative
34	34	2.6review and comment from the commissioner, state the maximum amount of the capital
35	35	2.7project levy as a percentage of net tax capacity, state the amount that will be raised by that
36	36	2.8local tax rate in the first year it is to be levied, and state the maximum number of years that
37	37	2.9the levy authorization will apply.
38	38	2.10 The ballot must contain a textual portion with the information required in this section
39	39	2.11and a question stating substantially the following:
40	40	2.12 "Shall the capital project levy proposed by the board of .......... School District No. ..........
41	41	2.13be approved?"
42	42	2.14 If approved, the amount provided by the approved local tax rate applied to the net tax
43	43	2.15capacity for the year preceding the year the levy is certified may be certified for the number
44	44	2.16of years, not to exceed ten, approved.
45	45	2.17 (d) If the district proposes a new capital project to begin at the time the existing capital
46	46	2.18project expires and at the same maximum tax rate, the general description on the ballot may
47	47	2.19state that the capital project levy is being renewed and that the tax rate is not being increased
48	48	2.20from the previous year's rate. An election to renew authority under this paragraph may be
49	49	2.21called at any time that is otherwise authorized by this subdivision. The ballot notice required
50	50	2.22under section 275.60 may be modified to read:
51	51	2.23 "BY VOTING YES ON THIS BALLOT QUESTION, YOU ARE VOTING TO RENEW
52	52	2.24AN EXISTING CAPITAL PROJECTS REFERENDUM THAT IS SCHEDULED TO
53	53	2.25EXPIRE."
54	54	2.26 (e) In the event a conjunctive question proposes to authorize both the capital project
55	55	2.27levy and the issuance of obligations for the project, appropriate language authorizing the
56	56	2.28issuance of obligations must also be included in the question.
57	57	2.29 (f) The district must notify the commissioner of the results of the referendum.
58	58	2.30 Sec. 2. Minnesota Statutes 2024, section 126C.17, subdivision 9, is amended to read:
59	59	2.31 Subd. 9.Referendum revenue.(a) The revenue authorized by section 126C.10,
60	60	2.32subdivision 1, may be increased in the amount approved by the voters of the district at a
61	61	2Sec. 2.
62	62	25-03074 as introduced01/31/25 REVISOR JFK/NS 3.1referendum called for the purpose. The referendum may be called by the board. The
63	63	3.2referendum must be conducted one or two calendar years before the increased levy authority,
64	64	3.3if approved, first becomes payable. Only one election to approve an increase may be held
65	65	3.4in a calendar year. Unless the referendum is conducted by mail under subdivision 11,
66	66	3.5paragraph (a), the referendum must be held on the first Tuesday after the first Monday in
67	67	3.6November. The ballot must state the maximum amount of the increased revenue per adjusted
68	68	3.7pupil unit. The ballot may state a schedule, determined by the board, of increased revenue
69	69	3.8per adjusted pupil unit that differs from year to year over the number of years for which the
70	70	3.9increased revenue is authorized or may state that the amount shall increase annually by the
71	71	3.10rate of inflation. For this purpose, the rate of inflation shall be the annual inflationary increase
72	72	3.11calculated under subdivision 2, paragraph (b). The ballot may state that existing referendum
73	73	3.12levy authority is expiring. In this case, the ballot may also compare the proposed levy
74	74	3.13authority to the existing expiring levy authority, and express the proposed increase as the
75	75	3.14amount, if any, over the expiring referendum levy authority. The ballot must designate the
76	76	3.15specific number of years, not to exceed ten, for which the referendum authorization applies.
77	77	3.16The ballot, including a ballot on the question to revoke or reduce the increased revenue
78	78	3.17amount under paragraph (c), must abbreviate the term "per adjusted pupil unit" as "per
79	79	3.18pupil." The notice required under section 275.60 may be modified to read, in cases of
80	80	3.19renewing existing levies at the same amount per pupil as in the previous year:
81	81	3.20 "BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING TO
82	82	3.21 EXTEND AN EXISTING PROPERTY TAX REFERENDUM THAT IS SCHEDULED
83	83	3.22 TO EXPIRE."
84	84	3.23 The ballot may contain a textual portion with the information required in this subdivision
85	85	3.24and a question stating substantially the following:
86	86	3.25 "Shall the increase in the revenue proposed by (petition to) the board of ......., School
87	87	3.26District No. .., be approved?"
88	88	3.27 If approved, an amount equal to the approved revenue per adjusted pupil unit times the
89	89	3.28adjusted pupil units for the school year beginning in the year after the levy is certified shall
90	90	3.29be authorized for certification for the number of years approved, if applicable, or until
91	91	3.30revoked or reduced by the voters of the district at a subsequent referendum.
92	92	3.31 (b) The board must deliver by mail at least 15 days but no more than 45 days before the
93	93	3.32day of the referendum to each taxpayer a notice of the referendum and the proposed revenue
94	94	3.33increase. The board need not mail more than one notice to any taxpayer. For the purpose
95	95	3.34of giving mailed notice under this subdivision, owners must be those shown to be owners
96	96	3Sec. 2.
97	97	25-03074 as introduced01/31/25 REVISOR JFK/NS 4.1on the records of the county auditor or, in any county where tax statements are mailed by
98	98	4.2the county treasurer, on the records of the county treasurer. Every property owner whose
99	99	4.3name does not appear on the records of the county auditor or the county treasurer is deemed
100	100	4.4to have waived this mailed notice unless the owner has requested in writing that the county
101	101	4.5auditor or county treasurer, as the case may be, include the name on the records for this
102	102	4.6purpose. The notice must project the anticipated amount of tax increase in annual dollars
103	103	4.7for typical residential homesteads, agricultural homesteads, apartments, and
104	104	4.8commercial-industrial property within the school district.
105	105	4.9 The notice for a referendum may state that an existing referendum levy is expiring and
106	106	4.10project the anticipated amount of increase over the existing referendum levy in the first
107	107	4.11year, if any, in annual dollars for typical residential homesteads, agricultural homesteads,
108	108	4.12apartments, and commercial-industrial property within the district.
109	109	4.13 The notice must include the following statement: "Passage of this referendum will result
110	110	4.14in an increase in your property taxes." However, in cases of renewing existing levies, the
111	111	4.15notice may include the following statement: "Passage of this referendum extends an existing
112	112	4.16operating referendum at the same amount per pupil as in the previous year."
113	113	4.17 (c) A referendum on the question of revoking or reducing the increased revenue amount
114	114	4.18authorized pursuant to paragraph (a) may be called by the board. A referendum to revoke
115	115	4.19or reduce the revenue amount must state the amount per adjusted pupil unit by which the
116	116	4.20authority is to be reduced. Revenue authority approved by the voters of the district pursuant
117	117	4.21to paragraph (a) must be available to the school district at least once before it is subject to
118	118	4.22a referendum on its revocation or reduction for subsequent years. Only one revocation or
119	119	4.23reduction referendum may be held to revoke or reduce referendum revenue for any specific
120	120	4.24year and for years thereafter.
121	121	4.25 (d) The approval of 50 percent plus one of those voting on the question is required to
122	122	4.26pass a referendum authorized by this subdivision.
123	123	4.27 (e) At least 15 days before the day of the referendum, the district must submit a copy of
124	124	4.28the notice required under paragraph (b) to the commissioner and to the county auditor of
125	125	4.29each county in which the district is located. Within 15 days after the results of the referendum
126	126	4.30have been certified by the board, or in the case of a recount, the certification of the results
127	127	4.31of the recount by the canvassing board, the district must notify the commissioner of the
128	128	4.32results of the referendum.
129	129	4Sec. 2.
130	130	25-03074 as introduced01/31/25 REVISOR JFK/NS 5.1 Sec. 3. Minnesota Statutes 2024, section 275.60, is amended to read:
131	131	5.2 275.60 LEVY OR BOND REFERENDUM; BALLOT NOTICE.
132	132	5.3 (a) Notwithstanding any general or special law or any charter provisions, but subject to
133	133	5.4section 126C.17, subdivision 9, any question submitted to the voters by any local
134	134	5.5governmental subdivision at a general or special election after June 8, 1995, authorizing a
135	135	5.6property tax levy or tax rate increase, including the issuance of debt obligations payable in
136	136	5.7whole or in part from property taxes, must include on the ballot the following notice in
137	137	5.8boldface type:
138	138	5.9 "BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A
139	139	5.10 PROPERTY TAX INCREASE."
140	140	5.11 (b) For purposes of this section and section 275.61, "local governmental subdivision"
141	141	5.12includes counties, home rule and statutory cities, towns, school districts, and all special
142	142	5.13taxing districts. This statement is in addition to any general or special laws or any charter
143	143	5.14provisions that govern the contents of a ballot question and, in the case of a question on the
144	144	5.15issuance of debt obligations, may be supplemented by a description of revenues pledged to
145	145	5.16payment of the obligations that are intended as the primary source of payment.
146	146	5.17 (c) This section does not apply to a school district bond election if the debt service
147	147	5.18payments are to be made entirely from transfers of revenue from the capital fund to the debt
148	148	5.19service fund.
149	149	5.20 Sec. 4. EFFECTIVE DATE.
150	150	5.21 This act is effective September 1, 2025, and applies to elections held on and after that
151	151	5.22date.
152	152	5Sec. 4.
153	153	25-03074 as introduced01/31/25 REVISOR JFK/NS