1.1 	A bill for an act
1.2 	relating to education; authorizing districts to hold
1.3 	operating referendum for a proposed facility at the
1.4 	same time as a referendum to fund the proposed
1.5 	facility; amending Minnesota Statutes 2004, section
1.6 	126C.17, subdivision 11.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 126C.17,
1.9 	subdivision 11, is amended to read:
1.10 		Subd. 11.Referendum date.  (a) Except for a referendum
1.11 	held under paragraph (b) or (d), any referendum under this
1.12 	section held on a day other than the first Tuesday after the
1.13 	first Monday in November must be conducted by mail in accordance
1.14 	with section 204B.46.  Notwithstanding subdivision 9, paragraph
1.15 	(b), to the contrary, in the case of a referendum conducted by
1.16 	mail under this paragraph, the notice required by subdivision 9,
1.17 	paragraph (b), must be prepared and delivered by first-class
1.18 	mail at least 20 days before the referendum.
1.19 	(b) In addition to the referenda allowed in subdivision 9,
1.20 	clause (a), the commissioner may grant authority to a district
1.21 	to hold a referendum on a different day if the district is in
1.22 	statutory operating debt and has an approved plan or has
1.23 	received an extension from the department to file a plan to
1.24 	eliminate the statutory operating debt.
1.25 	(c) The commissioner must approve, deny, or modify each
1.26 	district's request for a referendum levy on a different day
2.1 	within 60 days of receiving the request from a district.
2.2 	(d) In addition to the referenda allowed in subdivision 9,
2.3 	paragraph (a), a district may hold a referendum on the same day
2.4 	as a district election for a facility under chapter 475 if the
2.5 	referendum is directly related to the operating costs of the
2.6 	proposed facility except for licensed personnel costs.
2.7 	
EFFECTIVE DATE. This section is effective for referenda
2.8 	held on or after July 1, 2005.