LRB-0811/2
TKK:emw&jld
2017 - 2018 LEGISLATURE
April 20, 2017 - Introduced by Senators Stroebel, Kapenga, Craig, Lasee, Nass
and Vukmir, cosponsored by Representatives Schraa, Kremer, Allen,
Brandtjen, R. Brooks, Duchow, Gannon, Horlacher, Kleefisch, Neylon,
Ott, Petersen and Weatherston. Referred to Committee on Elections and
Utilities.
SB194,1,4 1An Act to renumber and amend 121.91 (3) (a); to amend 7.52 (8), 8.06, 67.05
2(6a) (a) 2. a., 67.05 (6a) (am) 1. and 121.91 (3) (c); and to create 67.05 (6a) (a)
32. c. and 121.91 (3) (a) 2. of the statutes; relating to: scheduling of school
4district referendums to exceed revenue limits.
Analysis by the Legislative Reference Bureau
With certain exceptions, this bill permits a school board to schedule a
referendum for the purpose of increasing the school district's revenue limit only
concurrent with a spring election or with the general election and only if the election
falls no sooner than 70 days after the date on which the board adopts and files a
resolution to that effect. With certain exceptions, this bill also permits a school board
to submit to the electors of a school district a resolution seeking approval to borrow
money through a bond issue only concurrent with a spring election or with the
general election and only if the election falls no sooner than 70 days after the board
adopts the resolution to issue a bond. A spring election is held annually on the first
Tuesday in April. The general election occurs in even-numbered years on the
Tuesday following the first Monday in November. Under the bill, if the school district
experiences a natural disaster, including a fire, the school board may call a special
election seeking approval to increase the school district's revenue limit or to issue a
bond within the six months following the natural disaster but not sooner than 70
days after the date on which the board files the resolution.
Current law allows a school board to call a special referendum or to schedule
a referendum for consideration by the electors concurrent with any primary or

election that falls no sooner than 70 days after the date on which the board files the
resolution.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB194,1 1Section 1. 7.52 (8) of the statutes is amended to read:
SB194,2,122 7.52 (8) The board of absentee ballot canvassers shall make full and accurate
3return of the votes cast for each candidate and proposition on the tally sheet forms.
4Each tally sheet shall record the returns for each office or referendum by ward,
5unless combined returns are authorized in accordance with s. 5.15 (6) (b), in which
6case the tally sheet shall record the returns for each group of combined wards. After
7recording the votes, the board of absentee ballot canvassers shall seal in a carrier
8envelope outside the ballot bag or container one inspector's statement under sub. (4)
9(d), one tally sheet, and one poll list for delivery to the county clerk, unless the
10election relates only to municipal or school district offices or municipal offices or
11referenda. The board of absentee ballot canvassers shall also similarly seal one
12statement, one tally sheet, and one poll list for delivery to the municipal clerk.
SB194,2 13Section 2. 8.06 of the statutes is amended to read:
SB194,2,17 148.06 Special elections may be called. Towns, cities, villages, and, subject
15to ss. 67.05 (6a) (a) 2. and 121.91 (3) (a),
school districts , may call special elections
16for any purpose authorized by law. If an election is called for a special referendum,
17the election shall be noticed under s. 8.55.
SB194,3 18Section 3. 67.05 (6a) (a) 2. a. of the statutes is amended to read:
SB194,3,319 67.05 (6a) (a) 2. a. Direct the school district clerk to call a special election for
20the purpose of submitting
submit the resolution to the electors for approval or
21rejection, or direct that the resolution be submitted at the next regularly scheduled

1primary or election to be held not earlier than 70 days after the adoption of the
2resolution. The resolution shall not be effective unless adopted by a majority of the
3school district electors voting at the referendum.
SB194,4 4Section 4. 67.05 (6a) (a) 2. c. of the statutes is created to read:
SB194,3,115 67.05 (6a) (a) 2. c. For a school district that has experienced a natural disaster,
6including a fire, that causes the school district's costs to increase, direct the school
7district clerk to call a special referendum to be held within the 6-month period
8immediately following the natural disaster, provided the special referendum is to be
9held not sooner than 70 days after the adoption of the initial resolution. The
10resolution shall not be effective unless adopted by a majority of the school district
11electors voting at the referendum.
SB194,5 12Section 5. 67.05 (6a) (am) 1. of the statutes is amended to read:
SB194,3,2113 67.05 (6a) (am) 1. If the public hearing under par. (a) 2. b. is for informational
14purposes only and, within 30 days after the public hearing, a petition is filed with the
15school district clerk for a referendum on the resolution signed by at least 7,500
16electors of the school district or at least 20 percent of the school district electors, as
17determined under s. 115.01 (13), whichever is less, the resolution shall not be
18effective unless adopted by a majority of the school district electors voting at the
19referendum. The school board shall hold the referendum in accordance with par. (a)
202. a.
The question submitted shall be whether the initial resolution shall or shall not
21be approved.
SB194,6 22Section 6. 121.91 (3) (a) of the statutes is renumbered 121.91 (3) (a) 1. and
23amended to read:
SB194,4,1724 121.91 (3) (a) 1. If a school board wishes to exceed the limit under sub. (2m)
25otherwise applicable to the school district in any school year, it shall promptly adopt

1a resolution supporting inclusion in the final school district budget of an amount
2equal to the proposed excess revenue. The resolution shall specify whether the
3proposed excess revenue is for a recurring or nonrecurring purpose, or, if the
4proposed excess revenue is for both recurring and nonrecurring purposes, the
5amount of the proposed excess revenue for each purpose. The resolution shall be filed
6as provided in s. 8.37. Within 10 days after adopting the resolution, the school board
7shall notify the department of the scheduled date of the that it will schedule a
8referendum for the purpose of submitting the resolution to the electors of the school
9district for approval or rejection
and shall submit a copy of the resolution to the
10department. The Except as provided in subd. 2., the school board shall call a special
11referendum for the purpose of submitting the resolution to the electors of the school
12district for approval or rejection. In lieu of a special referendum, the school board
13may specify that
schedule the referendum to be held at the next succeeding spring
14primary or election or partisan primary or general election, if provided such election
15is to be held not sooner than 70 days after the filing of the resolution of the school
16board. The school district clerk shall certify the results of the referendum to the
17department within 10 days after the referendum is held.
SB194,7 18Section 7. 121.91 (3) (a) 2. of the statutes is created to read:
SB194,4,2319 121.91 (3) (a) 2. The school board of a school district that experiences a natural
20disaster, including a fire, that causes the school district's costs to increase may call
21a special referendum to be held within the 6-month period immediately following the
22natural disaster, provided the special referendum is to be held not sooner than 70
23days after the filing of the resolution of the school board under subd. 1.
SB194,8 24Section 8. 121.91 (3) (c) of the statutes is amended to read:
SB194,5,11
1121.91 (3) (c) The A referendum under this subsection shall be held in
2accordance with chs. 5 to 12. The school district clerk shall provide the election
3officials with all necessary election supplies. The form of the ballot shall correspond
4substantially with the standard form for referendum ballots prescribed by the
5elections commission under ss. 5.64 (2) and 7.08 (1) (a). The question submitted shall
6be whether the limit under sub. (2m) may be exceeded by a specified amount. If the
7resolution provides that any of the excess revenue will be used for a nonrecurring
8purpose, the ballot in the election shall so state and shall specify the amount that will
9be used for a nonrecurring purpose. The limit otherwise applicable to the school
10district under sub. (2m) is increased by the amount approved by a majority of those
11voting on the question.
SB194,9 12Section 9. Initial applicability.
SB194,5,1413 (1) This act first applies to a resolution to issue a bond adopted by the school
14board of a school district on the effective date of this subsection.
SB194,5,1515 (End)
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