Ballot language relating to school district referenda amended.

A bill for an act

relating to elections; amending ballot language relating to school district referenda;

amending Minnesota Statutes 2024, sections 123B.63, subdivision 3; 126C.17,

subdivision 9; 275.60.

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

Section 1.

Minnesota Statutes 2024, section 123B.63, subdivision 3, is amended to read:

Subd. 3.

Capital project levy referendum.

(a) A district may levy the local tax rate

approved by a majority of the electors voting on the question to provide funds for an approved

project. The election must take place no more than five years before the estimated date of

commencement of the project. The referendum must be held on a date authorized by section

205A.05, subdivision 1a
. A district must meet the requirements of section 123B.71 for

projects funded under this section. If a review and comment is required under section

123B.71, subdivision 8, a referendum for a project not receiving a positive review and

comment by the commissioner must be approved by at least 60 percent of the voters at the

election.

(b) The referendum may be called by the school board and may be held:

(1) separately, before an election for the issuance of obligations for the project under

chapter 475; or

(2) in conjunction with an election for the issuance of obligations for the project under

chapter 475; or

(3) notwithstanding section
475.59
, as a conjunctive question authorizing both the capital

project levy and the issuance of obligations for the project under chapter 475. Any obligations

authorized for a project may be issued within five years of the date of the election.

(c) The ballot must provide a general description of the proposed project, state the

estimated total cost of the project, state whether the project has received a positive or negative

review and comment from the commissioner, state the maximum amount of the capital

project levy as a percentage of net tax capacity, state the amount that will be raised by that

local tax rate in the first year it is to be levied, and state the maximum number of years that

the levy authorization will apply.

The ballot must contain a textual portion with the information required in this section

and a question stating substantially the following:

"Shall the capital project levy proposed by the board of .......... School District No. ..........

be approved?"

If approved, the amount provided by the approved local tax rate applied to the net tax

capacity for the year preceding the year the levy is certified may be certified for the number

of years, not to exceed ten, approved.

(d) If the district proposes a new capital project to begin at the time the existing capital

project expires and at the same maximum tax rate, the general description on the ballot may

state that the capital project levy is being renewed and that the tax rate is not being increased

from the previous year's rate. An election to renew authority under this paragraph may be

called at any time that is otherwise authorized by this subdivision.
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The ballot notice required

under section
275.60
may be modified to read:
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"BY VOTING YES ON THIS BALLOT QUESTION, YOU ARE VOTING TO RENEW

AN EXISTING CAPITAL PROJECTS REFERENDUM THAT IS SCHEDULED TO

EXPIRE."

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(e) In the event a conjunctive question proposes to authorize both the capital project

levy and the issuance of obligations for the project, appropriate language authorizing the

issuance of obligations must also be included in the question.

(f) The district must notify the commissioner of the results of the referendum.

Sec. 2.

Minnesota Statutes 2024, section 126C.17, subdivision 9, is amended to read:

Subd. 9.

Referendum revenue.

(a) The revenue authorized by section
126C.10,

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 board. The

referendum must be conducted one or two calendar years 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 subdivision 11,

paragraph (a), the referendum must be held on the first Tuesday after the first Monday in

November. The ballot must state the maximum amount of the increased revenue per adjusted

pupil unit. The ballot may state a schedule, determined by the board, of increased revenue

per adjusted pupil unit that differs from year to year over the number of years for which the

increased revenue is authorized or may state that the amount shall increase annually by the

rate of inflation. For this purpose, the rate of inflation shall be the annual inflationary increase

calculated under subdivision 2, paragraph (b). 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 must designate the

specific number of years, not to exceed ten, for which the referendum authorization applies.

The ballot, including a ballot on the question to revoke or reduce the increased revenue

amount under paragraph (c), must abbreviate the term "per adjusted pupil unit" as "per

pupil."
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The notice required under section
275.60
may be modified to read, in cases of

renewing existing levies at the same amount per pupil as in the previous year:
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"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING TO

EXTEND AN EXISTING PROPERTY TAX REFERENDUM THAT IS SCHEDULED

TO EXPIRE."

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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 adjusted pupil unit times the

adjusted 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 board must deliver by mail at least 15 days but no more than 45 days before the

day of the referendum to each taxpayer a notice of the referendum and the proposed revenue

increase. The board need not mail more than one notice to any taxpayer. For the purpose

of giving mailed notice under this subdivision, owners must 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 is 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

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 in the first

year, if any, in annual dollars for typical residential homesteads, agricultural homesteads,

apartments, and commercial-industrial property within the district.

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The notice must include the following statement: "Passage of this referendum will result

in an increase in your property taxes." However, in cases of renewing existing levies, the

notice may include the following statement: "Passage of this referendum extends an existing

operating referendum at the same amount per pupil as in the previous year."

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(c) A referendum on the question of revoking or reducing the increased revenue amount

authorized pursuant to paragraph (a) may be called by the board. A referendum to revoke

or reduce the revenue amount must state the amount per adjusted pupil unit by which the

authority is to be reduced. Revenue authority approved by the voters of the district pursuant

to paragraph (a) must be available to the school district 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) The approval of 50 percent plus one of those voting on the question is required to

pass a referendum authorized by this subdivision.

(e) At least 15 days before the day of the referendum, the district must submit a copy of

the notice required under paragraph (b) to the commissioner and to the county auditor of

each county in which the district is located. Within 15 days after the results of the referendum

have been certified by the board, or in the case of a recount, the certification of the results

of the recount by the canvassing board, the district must notify the commissioner of the

results of the referendum.

Sec. 3.

Minnesota Statutes 2024, section 275.60, is amended to read:

275.60 LEVY OR BOND REFERENDUM; BALLOT NOTICE.

(a) Notwithstanding any general or special law or any charter provisions,
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but subject to

section
126C.17, subdivision 9
,
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any question submitted to the voters by any local

governmental subdivision at a general or special election
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after June 8, 1995,
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authorizing a

property tax levy or tax rate increase, including the issuance of debt obligations payable in

whole or in part from property taxes, must include on the ballot the following notice in

boldface type:

"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A

PROPERTY TAX INCREASE."

(b) For purposes of this section and section
275.61
, "local governmental subdivision"

includes counties, home rule and statutory cities, towns,
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school districts,
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and all special

taxing districts. This statement is in addition to any general or special laws or any charter

provisions that govern the contents of a ballot question and, in the case of a question on the

issuance of debt obligations, may be supplemented by a description of revenues pledged to

payment of the obligations that are intended as the primary source of payment.

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(c) This section does not apply to a school district bond election if the debt service

payments are to be made entirely from transfers of revenue from the capital fund to the debt

service fund.

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Sec. 4.
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EFFECTIVE DATE.
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This act is effective September 1, 2025, and applies to elections held on and after that

date.

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