1 | 1 | | 1.1 A bill for an act |
---|
2 | 2 | | 1.2 relating to education finance; authorizing a school district to reauthorize a capital |
---|
3 | 3 | | 1.3 projects referendum by board action; amending Minnesota Statutes 2024, section |
---|
4 | 4 | | 1.4 123B.63, subdivision 3. |
---|
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 | | 25-01887 as introduced01/07/25 REVISOR CR/MI |
---|
23 | 23 | | SENATE |
---|
24 | 24 | | STATE OF MINNESOTA |
---|
25 | 25 | | S.F. No. 1460NINETY-FOURTH SESSION |
---|
26 | 26 | | (SENATE AUTHORS: MAYE QUADE, Kunesh, Duckworth and Cwodzinski) |
---|
27 | 27 | | OFFICIAL STATUSD-PGDATE |
---|
28 | 28 | | Introduction and first reading02/17/2025 |
---|
29 | 29 | | Referred to Education Finance 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) Notwithstanding the election requirements of this subdivision, a school board may |
---|
58 | 58 | | 2.30renew an expiring capital projects referendum by board action if: |
---|
59 | 59 | | 2.31 (1) the annual amount of the referendum is the same as the amount expiring; |
---|
60 | 60 | | 2.32 (2) the term of the renewed capital projects referendum is no longer than the initial term |
---|
61 | 61 | | 2.33approved by the voters; |
---|
62 | 62 | | 2Section 1. |
---|
63 | 63 | | 25-01887 as introduced01/07/25 REVISOR CR/MI 3.1 (3) the school board, having taken a recorded vote, has adopted a written resolution |
---|
64 | 64 | | 3.2authorizing the renewal after holding a meeting and allowing public testimony on the |
---|
65 | 65 | | 3.3proposed renewal; and |
---|
66 | 66 | | 3.4 (4) the expiring capital projects referendum has not been previously renewed by board |
---|
67 | 67 | | 3.5action. |
---|
68 | 68 | | 3.6 (g) The resolution authorized in paragraph (f) must be adopted by the school board no |
---|
69 | 69 | | 3.7later than June 15 of the year the renewed capital levy is first certified and becomes effective |
---|
70 | 70 | | 3.860 days after its adoption. A referendum expires in the last fiscal year in which the |
---|
71 | 71 | | 3.9referendum generates revenue for the school district. A school board may renew an expiring |
---|
72 | 72 | | 3.10capital projects referendum under this subdivision not more than two fiscal years before the |
---|
73 | 73 | | 3.11referendum expires. A district renewing an expiring capital projects referendum under this |
---|
74 | 74 | | 3.12subdivision must submit a copy of the adopted resolution to the commissioner and to the |
---|
75 | 75 | | 3.13county auditor no later than September 1 of the calendar year in which the written resolution |
---|
76 | 76 | | 3.14is adopted. |
---|
77 | 77 | | 3.15 (f) (h) The district must notify the commissioner of the results of the referendum. |
---|
78 | 78 | | 3.16 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
79 | 79 | | 3Section 1. |
---|
80 | 80 | | 25-01887 as introduced01/07/25 REVISOR CR/MI |
---|