Referendum ballot language clarification by correcting an obsolete reference to school district referendum by petition

A bill for an act

relating to education; clarifying referendum ballot language by correcting an

obsolete reference to school district referendum by petition; amending Minnesota

Statutes 2024, section 126C.17, subdivision 9.

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

Section 1.

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." 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:

"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING TO

EXTEND AN EXISTING PROPERTY TAX REFERENDUM THAT IS SCHEDULED

TO EXPIRE."

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
deleted text begin
(petition to)
deleted text end
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.

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."

(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.