1.1 	A bill for an act
1.2 	relating to education finance; modifying the capital project referendum ballot 
1.3 	language in cases where the same level of taxing authority is renewed;amending 
1.4 	Minnesota Statutes 2008, section 123B.63, subdivision 3.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2008, section 123B.63, subdivision 3, is amended to read:
1.7 		Subd. 3.Capital project levy referendum. (a) A district may levy the local tax 
1.8 	rate approved by a majority of the electors voting on the question to provide funds for 
1.9 	an approved project. The election must take place no more than five years before the 
1.10 	estimated date of commencement of the project. The referendum must be held on a date 
1.11 	set by the board. A referendum for a project not receiving a positive review and comment 
1.12 	by the commissioner under section 123B.71 must be approved by at least 60 percent of 
1.13 	the voters at the election. 
1.14 	(b) The referendum may be called by the school board and may be held: 
1.15 	(1) separately, before an election for the issuance of obligations for the project 
1.16 	under chapter 475; or
1.17 	(2) in conjunction with an election for the issuance of obligations for the project 
1.18 	under chapter 475; or
1.19 	(3) notwithstanding section 475.59, as a conjunctive question authorizing both the 
1.20 	capital project levy and the issuance of obligations for the project under chapter 475. Any 
1.21 	obligations authorized for a project may be issued within five years of the date of the 
1.22 	election. 
1.23 	(c) The ballot must provide a general description of the proposed project, state the 
1.24 	estimated total cost of the project, state whether the project has received a positive or 
2.1 	negative review and comment from the commissioner, state the maximum amount of the 
2.2 	capital project levy as a percentage of net tax capacity, state the amount that will be raised 
2.3 	by that local tax rate in the first year it is to be levied, and state the maximum number of 
2.4 	years that the levy authorization will apply.
2.5 	The ballot must contain a textual portion with the information required in this 
2.6 	section and a question stating substantially the following:
2.7 	"Shall the capital project levy proposed by the board of .......... School District 
2.8 	No. .......... be approved?"
2.9 	If approved, the amount provided by the approved local tax rate applied to the net 
2.10 	tax capacity for the year preceding the year the levy is certified may be certified for the 
2.11 	number of years, not to exceed ten, approved.
2.12 	(d) If the authority for an existing project is expiring and the district is proposing a 
2.13 	new project at the same maximum tax rate, the general description on the ballot may state 
2.14 	that the capital project levy is being renewed and that the tax rate is not being increased 
2.15 	from the previous year's rate.
2.16 	(e) In the event a conjunctive question proposes to authorize both the capital project 
2.17 	levy and the issuance of obligations for the project, appropriate language authorizing the 
2.18 	issuance of obligations must also be included in the question.
2.19 	(f) The district must notify the commissioner of the results of the referendum.

2.20 	EFFECTIVE DATE. This section is effective for referenda conducted on or after 
2.21 	July 1, 2010.