LRBs0378/2
PG:skg:km
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 400
January 11, 1996 - Offered by
Committee on Education.
AB400-ASA1,1,14
1An Act to renumber 121.07 (6) (e) and 121.07 (7) (e);
to renumber and amend
2117.30 (1), 121.90 (2), 121.905 (3) (a) and 121.905 (3) (b);
to amend 67.12 (12)
3(e) 2., 117.05 (1m), 117.05 (2) (a), 117.05 (4) (a) (intro.), 117.05 (5) (a), 117.05 (8),
4117.05 (9) (title), 117.05 (9) (a) (intro.), 117.05 (9) (b), 117.05 (10), 117.14 (1) (b),
5117.17 (1) (a), 117.20 (1), 117.22 (2) (a) 1., 121.84 (1) (b) and 121.905 (4); and
to
6create 67.05 (6a) (bg), 67.05 (7) (j), 67.12 (12) (e) 2r., 67.12 (12) (h), 117.05 (4)
7(d), 117.05 (9) (a) 1. and 2., 117.105, 117.17 (1) (bm), 117.22 (2) (bm), 117.25 (4),
8117.30 (1) (b), 121.07 (6) (e) 2., 121.07 (7) (e) 2., 121.78 (2) (bm), 121.78 (2) (br),
9121.90 (2) (b), 121.905 (3) (a) 2., 121.905 (3) (b) 2., 121.91 (2m) (e), 121.91 (4) (c)
103. and 121.91 (4) (f) of the statutes;
relating to: procedures to create a school
11district out of the territory of one or more existing school districts and
12information provided to persons filing a petition for a referendum on the
13detachment of large territory from one school district and its attachment to
14another school district.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB400-ASA1, s. 1
1Section
1. 67.05 (6a) (bg) of the statutes is created to read:
AB400-ASA1,2,52
67.05
(6a) (bg) For a school district from which territory is detached to create
3a new school district under s. 117.105, the amounts specified and calculated under
4par. (b) shall be increased, for the construction of a building or an addition to a
5building only, by the amount determined as follows:
AB400-ASA1,2,116
1. Determine the number of pupils in each grade level who attended school in
7the previous school year in a building that was then owned by the school district and
8has been allocated to another school district by the reorganization and who resided
9in the previous school year in territory that was not transferred to the other school
10district. The number shall be the average of such pupils enrolled on the 3rd Friday
11of September and the 2nd Friday of January.
AB400-ASA1,2,1612
2. The department of industry, labor and human relations shall determine for
13each grade level in which pupils attended school in a building described in subd. 1.,
14the average cost per square foot for, and the average number of square feet per pupil
15included in, 2 recently constructed school buildings that were designed to serve
16pupils of that grade level, as selected by that department.
AB400-ASA1,2,1817
3. For each grade level, multiply the number determined under subd. 1. by the
18product of the 2 numbers determined under subd. 2., and total the results.
AB400-ASA1,2,2520
67.05
(7) (j) An initial resolution adopted by the school board of a school district
21created by a reorganization under s. 117.105, or adopted by the school board of a
22school district from which territory is detached to create a school district under s.
23117.105, for the purpose of financing any assets or liabilities apportioned to the
24school district or assets apportioned to another school district under s. 117.105 (1m)
25or (2m), is not subject to a referendum.
AB400-ASA1, s. 3
1Section
3. 67.12 (12) (e) 2. of the statutes is amended to read:
AB400-ASA1,3,222
67.12
(12) (e) 2. Unless the purpose and amount of the borrowing have been
3approved by the electors under s. 67.05 (6a) or deemed approved by the electors under
4s. 67.05 (7) (d) 3., the purpose is to refund any outstanding municipal obligation or
5would not be subject to a referendum as a bond issue under s. 67.05 (7) (cc), (h) or (i),
6or subd. 2g.
or par. (f) or (h) applies, the school district clerk shall, within 10 days after
7a school board adopts a resolution under subd. 1. to issue a promissory note in excess
8of $5,000, publish notice of such adoption as a class 1 notice, under ch. 985.
9Alternatively, the notice may be posted as provided under s. 10.05. The notice need
10not set forth the full contents of the resolution, but shall state the maximum amount
11proposed to be borrowed, the purpose thereof, that the resolution was adopted under
12this subsection, and the place where, and the hours during which, the resolution may
13be inspected. If, within 15 days after publication or posting, a petition conforming
14to the requirements of s. 8.40 is filed with the school district clerk for a referendum
15on the resolution signed by at least 7,500 electors of the district or at least 20% of the
16number of district electors voting for governor at the last general election, as
17determined under s. 115.01 (13), whichever is the lesser, then the resolution shall not
18be effective unless adopted by a majority of the district electors voting at the
19referendum. The referendum shall be called in the manner provided under s. 67.05
20(6a), except that the question which appears on the ballot shall be "Shall .... (name
21of district) borrow the sum of $.... for (state purpose) by issuing its general obligation
22promissory note (or notes) under section 67.12 (12) of the Wisconsin Statutes?".
AB400-ASA1, s. 4
23Section
4. 67.12 (12) (e) 2r. of the statutes is created to read:
AB400-ASA1,4,224
67.12
(12) (e) 2r. For a school district from which territory is detached to create
25a new school district under s. 117.105, the amounts specified and calculated under
1subd. 2g. shall be increased, for the construction of a building or an addition to a
2building only, by the amount determined as follows:
AB400-ASA1,4,83
a. Determine the number of pupils in each grade level who attended school in
4the previous school year in a building that was then owned by the school district and
5has been allocated to another school district by the reorganization and who resided
6in the previous school year in territory that was not transferred to the other school
7district. The number shall be the average of such pupils enrolled on the 3rd Friday
8of September and the 2nd Friday of January.
AB400-ASA1,4,139
b. The department of industry, labor and human relations shall determine, for
10each grade level in which pupils attended school in a building described in subd. 2r.
11a., the average cost per square foot for, and the average number of square feet per
12pupil included in, 2 recently constructed school buildings that were designed to serve
13pupils of that grade level, as selected by that department.
AB400-ASA1,4,1514
c. For each grade level, multiply the number determined under subd. 2r. a. by
15the product of the 2 numbers determined under subd. 2r. b., and total the results.
AB400-ASA1, s. 5
16Section
5. 67.12 (12) (h) of the statutes is created to read:
AB400-ASA1,4,2117
67.12
(12) (h) Paragraph (e) 2. does not apply to borrowing by the school board
18of a school district created by a reorganization under s. 117.105, or by the school
19board from which territory is detached to create a school district under s. 117.105,
20for the purpose of financing any assets or liabilities apportioned to the school district
21or assets apportioned to another school district under s. 117.105 (1m) or (2m).
AB400-ASA1,5,3
1117.05
(1m) Board and appeal panel meetings. The secretary shall set the time
2and place for meetings of the board under ss. 117.10,
117.105 (2m), 117.12 (5) and
3117.132 and for meetings of appeal panels under ss. 117.12 (4) and 117.13.
AB400-ASA1,5,126
117.05
(2) (a)
Board. The secretary shall appoint 7 members of the board to
7perform any review under ss. 117.10,
117.105 (2m), 117.12 (5) and 117.132. The 7
8members shall include the secretary or his or her designee on the board, 2 board
9members from school districts with small enrollments, 2 board members from school
10districts with medium enrollments and 2 board members from school districts with
11large enrollments. Any action of the board under this chapter requires the
12affirmative vote of at least 4 of the 7 members appointed under this paragraph.
AB400-ASA1, s. 8
13Section
8. 117.05 (4) (a) (intro.) of the statutes is amended to read:
AB400-ASA1,5,1814
117.05
(4) (a)
Pending proceedings. (intro.) A reorganization proceeding is
15pending from the date that a petition is filed under s.
117.105 (1) (a), 117.11 (2) or
16117.12 (2) or a resolution is adopted under s. 117.08 (1), 117.09 (1), 117.10 (1),
117.105
17(1) (b), 117.13 (2) or 117.132 (2) until the date on which the latest of any of the
18following occurs:
AB400-ASA1, s. 9
19Section
9. 117.05 (4) (d) of the statutes is created to read:
AB400-ASA1,5,2520
117.05
(4) (d)
Four-year limitation on consideration of creation of a school
21district. 1. Except as provided in subd. 2., no petition may be filed or resolution
22adopted for the creation of a new school district under s. 117.105 (1) (a) or (b) before
23the 5th July 1 following the filing of a petition under s. 117.105 (1) (a) or the adoption
24of a resolution under s. 117.105 (1) (b) for any reorganization that includes any of the
25same territory.
AB400-ASA1,6,4
12. The limitation under subd. 1. does not apply if the school board of each
2affected school district adopts a resolution waiving the limitation. If a school board
3denies a request for a waiver under this subdivision, the denial may not be appealed
4under this chapter.
AB400-ASA1,6,136
117.05
(5) (a)
Territory in district. All territory within this state shall be
7included in a school district operating elementary school grades and a school district
8operating high school grades or in a school district operating both elementary and
9high school grades. No territory may be detached from a school district unless by the
10same order it is attached to another school district
or included in a new school district
11created by the order. No territory may be detached from a school district that
12operates high school grades unless by the same order it is attached to
or included in 13another school district that operates high school grades.
AB400-ASA1,6,2015
117.05
(8) Information on reorganization procedures. The department shall
16prepare a written description of the procedures for school district reorganizations
17under ss. 117.08 to 117.132 and distribute copies to school district clerks. A school
18district clerk shall give a copy of the description to any person, upon request, and to
19any person filing a petition with the clerk under s. 117.08 (3) (a) 2., 117.09 (3) (a) 2.,
20117.105 (1) (a), 117.11 (2)
or (4) (a) 2. or 117.12 (2), at the time the petition is filed.
AB400-ASA1, s. 12
21Section
12. 117.05 (9) (title) of the statutes is amended to read:
AB400-ASA1,6,2222
117.05
(9) (title)
Appeal
Board and appeal panel fees.
AB400-ASA1, s. 13
23Section
13. 117.05 (9) (a) (intro.) of the statutes is amended to read:
AB400-ASA1,7,3
1117.05
(9) (a) (intro.) The department may charge the following persons a fee
2sufficient to reimburse the department for the costs of the board under ss. 117.10
,
3117.105 and 117.132:
AB400-ASA1, s. 14
4Section
14. 117.05 (9) (a) 1. and 2. of the statutes are created to read:
AB400-ASA1,7,65
117.105
(9) (a) 1. The school boards of the affected school districts under s.
6117.105 if they fail to reach agreement under s. 117.105 (1m) (b).
AB400-ASA1,7,87
2. A person who files a petition requesting review by the board under s. 117.105
8(2m).
AB400-ASA1,7,1610
117.05
(9) (b) The clerk of the school district ordering the dissolution or
11requesting review shall pay the fee under par. (a) 3. or 4. to the department.
The clerk
12of each affected school district shall pay the fee under par. (a) 1. to the department.
13The department shall allocate the fee under par. (a) 1. among the school districts
14from which territory is being detached to create a new school district if there is more
15than one such school district. The secretary of the board shall forward the
fee fees 16collected under par. (a)
1. and 5. to the department.
AB400-ASA1,7,2319
117.05
(10) Secretary to advise. The secretary shall advise and consult with
20school boards regarding school district organization and reorganization. If, in the
21secretary's opinion, one or more school districts should be
created, altered,
22consolidated or dissolved, he or she may make recommendations to the school boards
23of the affected school districts.
AB400-ASA1,8,3
1117.105 Creation of a school district. (1) Initiation of procedures. 2Procedures to create a school district from the territory of one or more existing school
3districts may be initiated by any of the following methods:
AB400-ASA1,8,124
(a) Before July 1 of any year, a written petition requesting the creation of a
5school district may be filed with the clerk of the school district that has the highest
6equalized valuation of the affected school districts. The petition shall be signed by
7at least 20% of the total number of electors residing in the affected school districts
8and by at least 5% of the number of electors residing in each affected school district.
9The school district clerk with whom the petition is filed shall immediately send a
10certified notice of the petition to the school board of each affected school district and
11to the secretary of the board. The petition shall include the approximate boundaries
12of the proposed school district.
AB400-ASA1,8,1913
(b)
Before July 1 of any year, the school board of each school district from which
14territory will be detached to create the proposed school district may adopt a
15resolution stating that the school board will consider the creation of the school
16district. The resolution shall include the approximate boundaries of the proposed
17school district. The school district clerk of each school board adopting a resolution
18under this paragraph shall send a certified copy of the resolution to the school boards
19of each of the other affected school districts and to the secretary of the board.
AB400-ASA1,8,24
20(1m) Hearing; boundaries; assets and liabilities. (a) Upon receipt of a petition
21or notice under sub. (1) (a), or upon the adoption of a resolution and the receipt of
22copies of resolutions adopted by the school board of each of the other affected school
23districts under sub. (1) (b), the school board shall hold a public hearing on the
24proposed reorganization.
AB400-ASA1,9,11
1(b) Before the November 1 following the receipt of a petition or notice under sub.
2(1) (a) or the adoption of resolutions under sub. (1) (b), the school boards of the
3affected school districts may agree on the precise boundaries of the proposed school
4district and the apportionment of the assets and liabilities between the affected
5school districts and the proposed school district according to the criteria under s.
666.03 (2c). The school boards may establish an alternative method to govern the
7assignment of assets and liabilities as provided in s. 66.03 (2c) (b). In determining
8the precise boundaries, the school boards may not detach territory from any
9additional school districts. The clerk of the school district that has the highest
10equalized valuation of the affected school districts shall notify the board of their
11agreement or their failure to reach agreement.
AB400-ASA1,9,1612
(c) If the school boards of the affected school districts fail to agree on the precise
13boundaries or on the apportionment of assets and liabilities by November 1 under
14par. (b), the board shall issue an order doing so by the following March 1. In
15determining the precise boundaries of the proposed school district, the board may not
16detach territory from any additional school districts.
AB400-ASA1,9,25
17(2) School board action. Before the February 1 following the determination
18of the precise boundaries of the proposed school district and the apportionment of
19assets and liabilities under sub. (1m) (b), or before the May 1 following an order
20issued by the board under sub. (1m) (c), the school board of each affected school
21district shall adopt a resolution ordering or denying the creation of the school district.
22The resolution shall state the school board's rationale for ordering or denying the
23reorganization and include an evaluation of each of the factors specified in s. 117.15.
24The school district clerk of each school board adopting a resolution under this
25subsection, either ordering or denying the reorganization, shall, within 5 days after
1the adoption of the resolution, send a certified copy of the resolution to the school
2boards of each of the other affected school districts and file a certified copy of the
3resolution as provided in s. 117.17 (2).
AB400-ASA1,10,5
4(2m) Board review. (a) The board shall review a proposed reorganization
5under this section if any of the following occurs:
AB400-ASA1,10,126
1. The school board of each affected school district issues an order under sub.
7(2) granting the proposed reorganization, and a petition for board review of the
8proposed reorganization, signed by at least 10% of the number of electors residing
9in the territory of the affected school districts that is not within the proposed school
10district, is filed with the secretary of the board. The petition shall be filed by March
111 following the school board action under sub. (2), or by June 1 following the school
12board action under sub. (2) if the board issued an order under sub. (1m) (c).