1995 - 1996 LEGISLATURE
May 16, 1995 - Introduced by Representatives Skindrud, Powers, Walker, Freese,
Ainsworth, Brandemuehl, Foti, Gard, Goetsch, Hahn, Handrick, Hanson,
Kreibich, Ladwig, Lehman, Owens, Silbaugh, Underheim, Ward and
Zukowski, cosponsored by Senators Fitzgerald, Drzewiecki, Zien and
Farrow. Referred to Committee on Elections and Constitutional Law.
AB375,1,9
1An Act to repeal 5.02 (20r), 5.65, 8.55 and 10.06 (4) (f);
to amend 7.03 (1) (bm),
27.15 (2) (d), 8.05 (3) (d) and (e), 8.06, 9.20 (4), 10.01 (2) (d) and (e), 24.66 (3) (b),
324.66 (4), 32.72 (1), 59.997 (7), 60.62 (2), 60.74 (5) (b), 61.187 (1), 61.46 (1), 62.09
4(1) (a), 64.03 (1), 64.39 (3), 66.01 (8), 66.059 (2m) (b), 66.061 (1) (c), 66.075 (5),
566.504 (2), 66.521 (10) (d), 66.77 (3) (a) 1., 66.94 (4), 67.05 (4) and (5), 67.05 (6a)
6(a) 2. a., 67.05 (6m) (b), 67.10 (5) (b), 67.12 (12) (e) 5., 81.01 (3) (b), 86.21 (2) (a),
7117.20, 119.48 (4) (b) and (c), 119.49 (1) (b) and (2), 121.91 (3) (a), 197.04 (1) and
8(2), 197.10 (2) and 198.19 (1); and
to create 8.065 of the statutes;
relating to:
9scheduling of referenda by local governments.
Analysis by the Legislative Reference Bureau
Under current law, referenda are authorized or required to be held by local
governments under various laws for various purposes. In some cases, these
referenda are authorized or required to be held at special elections when no offices
appear on the ballot. In most cases, there is no limitation upon the frequency that
questions relating to the same subject matter may be submitted.
This bill provides that, unless a more restrictive limitation applies currently,
a referendum by a local government may only be held concurrently with the spring
election (held in each year) or the September primary or general election (held in
each even-numbered year). The bill also provides that, unless a more restrictive
limitation applies currently, no referendum submitted by the same local government
relating to the same subject matter or relating to authorization for the borrowing of
money may be held more than once in any 12-month period. The requirement
applies to all referenda, including referenda concerning direct legislation (initiative)
in cities and villages.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB375, s. 1
1Section
1. 5.02 (20r) of the statutes is repealed.
AB375, s. 2
2Section
2. 5.65 of the statutes is repealed.
AB375, s. 3
3Section
3. 7.03 (1) (bm) of the statutes is amended to read:
AB375,2,74
7.03
(1) (bm) Whenever a special election is called by a county or by a school
5district,
a technical college district, a sewerage district
, or a sanitary district
or a
6public inland lake protection and rehabilitation district, the county or district shall
7pay the compensation of all election officials, as determined under sub. (2).
AB375, s. 4
8Section
4. 7.15 (2) (d) of the statutes is amended to read:
AB375,2,189
7.15
(2) (d) Whenever the governing body of any municipality submits any
10question to a vote of the electors or whenever a proper recall petition and certificate
11are filed under s. 9.10, the municipal clerk shall issue a call for the election and
12prepare and distribute ballots as required in the authorization of submission or as
13provided in s. 9.10. The date of the referendum shall be
established in accordance
14with s. 8.065, and shall be fixed by the municipal clerk or board of election
15commissioners unless otherwise provided by law or unless the governing body fixes
16a date. The ballot for any referendum shall conform to s. 5.64 (2). If there is already
17an official municipal referendum ballot for the election, the question may appear on
18the same ballot.
AB375, s. 5
19Section
5. 8.05 (3) (d) and (e) of the statutes are amended to read:
AB375,3,5
18.05
(3) (d) The question of adoption of the nonpartisan primary under this
2subsection may be submitted to the electors at any
regular election
specified in s.
38.065 held in the town
or at a special election called for the purpose. When a petition
4conforming to the requirements of s. 8.40 signed by at least 20 electors of the town
5is filed with the town clerk so requesting, the question shall be submitted to a vote.
AB375,3,106
(e) Petitions requesting a vote on the question at a regular town election shall
7be filed no later than 5 p.m. the last Tuesday in February. When the petition is filed,
8the clerk shall check its sufficiency.
Whether at a regular or special election, the The 9clerk shall give separate notice by one publication in a newspaper at least 5 days
10before the election.
AB375, s. 6
11Section
6. 8.06 of the statutes is amended to read:
AB375,3,16
128.06 Special elections may be called. Towns, cities, villages and school
13districts may call special elections
for any purpose
to fill vacancies in town, city,
14village or school district offices whenever such action is authorized
or required by
15law.
If an election is called for a special referendum, the election shall be noticed
16under s. 8.55.
AB375, s. 7
17Section
7. 8.065 of the statutes is created to read:
AB375,3,19
188.065 Scheduling of referenda. (1) In this section, "local governmental
19unit" has the meaning given in s. 16.97 (7).
AB375,4,2
20(2) Unless otherwise required by law, a referendum held by any local
21governmental unit that is authorized or required by law to hold a referendum may
22only be held concurrently with the spring election, September primary or general
23election. Unless otherwise required by law, no referendum submitted by the same
24local governmental unit relating to substantially similar subject matter or relating
1to authorization for the borrowing of money may be held more than once in any
212-month period.
AB375, s. 8
3Section
8. 8.55 of the statutes is repealed.
AB375, s. 9
4Section
9. 9.20 (4) of the statutes is amended to read:
AB375,4,155
9.20
(4) The common council or village board shall, without alteration, either
6pass the ordinance or resolution within 30 days following the date of the clerk's final
7certificate, or submit it to the electors at the next
spring or general election
specified
8in s. 8.065, if the election is more than 6 weeks after the date of the council's or board's
9action on the petition or the expiration of the 30-day period, whichever first occurs.
10If there are 6 weeks or less before the election, the ordinance or resolution shall be
11voted on at the next election
specified in s. 8.065 thereafter.
The council or board by
12a three-fourths vote of the members-elect may order a special election for the
13purpose of voting on the ordinance or resolution at any time prior to the next election,
14but not more than one special election for direct legislation may be ordered in any
156-month period.
AB375, s. 10
16Section
10. 10.01 (2) (d) and (e) of the statutes are amended to read:
AB375,5,617
10.01
(2) (d) Type D—The type D notice shall state the hours the polls will be
18open and the polling places to be utilized at the election or shall include a concise
19statement of how polling place information may be obtained. In cities over 500,000
20population, the board of election commissioners shall determine the form of the
21notice. In other municipalities and special purpose districts, the clerk of the
22municipality or special purpose district shall give the polling place information in the
23manner the governing body of the municipality or special purpose district decides
24will most effectively inform the electors. The type D notice shall be published by the
25municipal clerk or board of election commissioners of each municipality once on the
1day before each spring primary and election, each special national, state, county or
2municipal election at which the electors of that municipality are entitled to vote and
3each September primary and general election. The clerk of each special purpose
4district which calls a special election shall publish a type D notice on the day before
5the election, and the day before the special primary, if any
, except as authorized in
6s. 8.55 (3).
AB375,5,217
(e) Type E—The type E notice shall state the qualifications for absentee voting,
8the procedures for obtaining an absentee ballot in the case of registered and
9unregistered voters, and the places and the deadlines for application and return of
10application. The municipal clerk shall publish a type E notice on the 4th Tuesday
11preceding each spring primary and election, on the 4th Tuesday preceding each
12September primary and general election, on the 4th Tuesday preceding the primary
13for each special national, state, county or municipal election if any,
on the 4th
14Tuesday preceding a special county or municipal referendum, and on the 3rd
15Tuesday preceding each special national, state, county or municipal election to fill
16an office which is not held concurrently with the spring or general election. The clerk
17of each special purpose district which calls a special election shall publish a type E
18notice on the 4th Tuesday preceding the primary for the special election, if any,
on
19the 4th Tuesday preceding a special referendum, and on the 3rd Tuesday preceding
20a special election for an office which is not held concurrently with the spring or
21general election
except as authorized in s. 8.55 (3).
AB375, s. 11
22Section
11. 10.06 (4) (f) of the statutes is repealed.
AB375, s. 12
23Section
12. 24.66 (3) (b) of the statutes is amended to read:
AB375,6,524
24.66
(3) (b)
For long-term loans by unified school districts. Every application
25for a loan, the required repayment of which exceeds 10 years, shall be approved and
1authorized for a unified school district by a majority vote of the members of the school
2board at a regular or special meeting of the school board. Every vote so required shall
3be by ayes and noes duly recorded. In addition, the application shall be approved for
4a unified school district by a majority vote of the electors of the school district at a
5special election referendum as provided under sub. (4).
AB375, s. 13
6Section
13. 24.66 (4) of the statutes is amended to read:
AB375,6,147
24.66
(4) Popular vote, when required. If any municipality is not empowered
8by law to incur indebtedness for a particular purpose without first submitting the
9question to its electors, the application for a state trust fund loan for that purpose
10must be approved and authorized by a majority vote of the electors at a
special
11election referendum called
,
in accordance with s. 8.065, and noticed and held in the
12manner provided for other
special elections referenda. The notice of the
election 13referendum shall state the amount of the proposed loan and the purpose for which
14it will be used.
AB375, s. 14
15Section
14. 32.72 (1) of the statutes is amended to read:
AB375,6,2216
32.72
(1) Sections 32.50 to 32.71 do not take effect in any city until the following
17question is submitted to the electors of the city at a
special election referendum called
18in accordance with s. 8.065 and adopted by a majority vote of the electors voting:
19"Shall subchapter II of chapter 32, Wisconsin Statutes, be effective in the city of
20................, thus allowing the city to acquire and condemn property for street
21widening and similar purposes, financed through assessments of benefits and
22damages?".
AB375, s. 15
23Section
15. 59.997 (7) of the statutes is amended to read:
AB375,7,1324
59.997
(7) When the publication of the said consolidation agreement in each
25of the said counties is completed, of which the certificate to the judge of the circuit
1court of the said counties from the owner-editor or manager of each newspaper
2publishing the same shall be proof, the judge or judges of the circuit courts of the said
3counties shall, by order entered of record in each of such counties, require the several
4county clerks of the counties included in the consolidation agreement to submit such
5question to a vote of the qualified electors of such counties at the next election
6specified in s. 8.065 to be held on
the first Tuesday in April, or the next regular
7election, or at a special election to be held on a date specified in the order which shall
8be no sooner than 45 days after the
day fixed in
date of said order, which
day date 9shall be the same in each of the counties proposing to consolidate. A copy of said order
10shall be filed with the county clerk of each of such counties.
If such question is
11submitted at a special election, it shall be held not less than thirty days nor more than
12sixty days from the completion of the consolidation agreement, but not within sixty
13days of any April or general election.
AB375, s. 16
14Section
16. 60.62 (2) of the statutes is amended to read:
AB375,7,1815
60.62
(2) If the county in which the town is located has adopted a zoning
16ordinance under s. 59.97, the exercise of the authority under sub. (1) is subject to
17approval by the town meeting or by a referendum vote of the electors of the town
to
18be held
at the time of any regular or special election in accordance with s. 8.065.
AB375, s. 17
19Section
17. 60.74 (5) (b) of the statutes is amended to read:
AB375,8,520
60.74
(5) (b) A petition conforming to the requirements of s. 8.40 signed by
21qualified electors of the district equal to at least 20% of the vote cast for governor in
22the district at the last gubernatorial election, requesting a change to appointment
23of commissioners, may be submitted to the town board, subject to sub. (5m) (a). Upon
24receipt of the petition, the town board shall submit the question to a referendum at
25the next
regular spring election
or general election, or shall call a special election for
1that purpose specified in s. 8.065 to be held not sooner than 45 days after receipt of
2the petition. The inspectors shall count the votes and submit a statement of the
3results to the commission. The commission shall canvass the results of the election
4and certify the results to the town board which has authority to appoint
5commissioners.
AB375, s. 18
6Section
18. 61.187 (1) of the statutes is amended to read:
AB375,8,157
61.187
(1) Procedure. Whenever a petition conforming to the requirements
8of s. 8.40, signed by at least one-third as many electors of any village as voted for
9village officers at the next preceding election therefor, shall be presented to the
10village board praying for dissolution of the village corporation, such board shall
11submit to the electors of such village, for determination by ballot in substantially the
12manner provided by ss. 5.64 (2) and 10.02, at
a general election or at a special election
13called by them for that purpose the next election specified in s. 8.065 to be held not
14sooner than 45 days after presentation of the petition, the question whether or not
15such village corporation shall be dissolved.
AB375, s. 19
16Section
19. 61.46 (1) of the statutes is amended to read:
AB375,9,317
61.46
(1) General; limitation. The village board shall, on or before December
1815 in each year, by resolution to be entered of record, determine the amount of
19corporation taxes to be levied and assessed on the taxable property in such village
20for the current year. Before levying any tax for any specified purpose, exceeding one
21percent of the assessed valuation aforesaid, the village board shall, and in all other
22cases may in its discretion, submit the question of levying the same to the village
23electors at
any general or special the next election
specified in s. 8.065 to be held no
24sooner than 45 days after submission by giving 10 days' notice thereof prior to such
25election by publication in a newspaper published in the village, if any, and if there
1is none, then by posting notices in 3 public places in said village, setting forth in such
2notices the object and purposes for which such taxes are to be raised and the amount
3of the proposed tax.
AB375, s. 20
4Section
20. 62.09 (1) (a) of the statutes is amended to read:
AB375,9,165
62.09
(1) (a) The officers shall be a mayor, treasurer, clerk, comptroller,
6attorney, engineer, one or more assessors unless the city is assessed by a county
7assessor under s. 70.99, one or more constables as determined by the common
8council, a local health officer, as defined in s. 250.01 (5), or local board of health, as
9defined in s. 250.01 (3), street commissioner, board of police and fire commissioners
10except in cities where not applicable, chief of police, chief of the fire department,
11board of public works, 2 alderpersons from each aldermanic district, and such other
12officers or boards as are created by law or by the council. If one alderperson from each
13aldermanic district is provided under s. 66.018 (1), the council may, by ordinance
14adopted by a two-thirds vote of all its members and approved by the electors at
a
15general or special any election
specified in s. 8.065, provide that there shall be 2
16alderpersons from each aldermanic district.
AB375, s. 21
17Section
21. 64.03 (1) of the statutes is amended to read:
AB375,9,2318
64.03
(1) Every ordinance or resolution for the adoption of ss. 64.01 to 64.15,
19and every petition for a
special election referendum on the same, shall state the
20number of members of which the council herein provided for shall be composed, the
21term of office of its members, which term shall not exceed 2 years, whether they shall
22be nominated and elected from aldermanic districts or from the city at large, and the
23compensation, if any, which they shall receive.
AB375, s. 22
24Section
22. 64.39 (3) of the statutes is amended to read:
AB375,10,6
164.39
(3) Upon filing such petition, the mayor shall, by proclamation, submit
2the questions prescribed in sub. (1) at
a special
the next election
specified in s. 8.065 3to be held
at a time specified therein and within 2 months not sooner than 45 days 4after such petition is filed. The election upon such question shall be conducted, the
5vote canvassed, and the result declared in the same manner as provided by law for
6other city elections.
AB375, s. 23
7Section
23. 66.01 (8) of the statutes is amended to read:
AB375,10,178
66.01
(8) Every charter, charter amendment or charter ordinance enacted or
9approved by a vote of the electors shall control and prevail over any prior or
10subsequent act of the legislative body of the city or village. Whenever the electors
11of any city or village by a majority vote have adopted or determined to continue to
12operate under either ch. 62 or 64, or have determined the method of selection of
13members of the governing board, the question shall not again be submitted to the
14electors, nor action taken thereon within a period of 2 years. Any election to change
15or amend the charter of any city or village, other than
a special an election
as
16provided in called under s. 9.20 (4), shall be held at the time provided by statute for
17holding the spring election.
AB375, s. 24
18Section
24. 66.059 (2m) (b) of the statutes is amended to read:
AB375,10,2519
66.059
(2m) (b) If a referendum is to be held on a resolution, the municipal
20governing body shall direct the municipal clerk to
call a special election for the
21purpose of submitting submit the resolution to the electors for
approval of the
22electors at a referendum
on approval or rejection. In lieu of a special election, the
23municipal governing body may specify that the election be held at the next
24succeeding spring primary or election or September primary or general election 25called in accordance with s. 8.065.
AB375, s. 25
1Section
25. 66.061 (1) (c) of the statutes is amended to read:
AB375,11,112
66.061
(1) (c) No such ordinance shall be operative until 60 days after passage
3and publication unless sooner approved by a referendum. Within that time electors
4equal in number to 20 per cent of those voting at the last regular municipal election,
5may demand a referendum. The demand shall be in writing and filed with the clerk.
6Each signer shall state his or her occupation and residence and signatures shall be
7verified by the affidavit of an elector. The referendum shall be held at the next
8regular municipal election
, or at a special election within 90 days of the to be held
9not sooner than 45 days after filing of the demand, and the ordinance shall not be
10effective unless approved by a majority of the votes cast thereon. This paragraph
11shall not apply to extensions by a utility previously franchised by the village or city.
AB375, s. 26
12Section
26. 66.075 (5) of the statutes is amended to read:
AB375,11,2413
66.075
(5) The provisions of this section shall apply only to such counties, cities,
14villages and towns as shall have adopted the same at any general or municipal
15election at which the question of the establishment of such county or municipal
16slaughterhouse shall have been submitted to the voters of such county, city, village
17or town. Such question shall, upon the filing of a petition conforming to the
18requirements of s. 8.40 by electors of such county, city, village or town equal in
19number to at least 10% of all the votes cast in such county, city, village or town for
20governor at the last preceding general election, be submitted to the electors of such
21county, city, village or town at the next ensuing election
specified in s. 8.065 to be held
22not sooner than 45 days after filing of the petition, and if a majority of votes cast shall
23be in favor of the establishment of such slaughterhouse, the provisions of this section
24shall apply to such county, city, village or town.
AB375, s. 27
25Section
27. 66.504 (2) of the statutes is amended to read:
AB375,12,7
166.504
(2) Facilities authorized. A municipality may enter into a joint
2contract with a nonprofit corporation organized for civic purposes and located in the
3municipality to construct or otherwise acquire, equip, furnish, operate and maintain
4a facility to be used for municipal and civic activities if a majority of the voters voting
5in a referendum at
a special election or at a spring primary or election or September
6primary or general an election
specified in s. 8.065 approve the question of entering
7into the joint contract.
AB375, s. 28
8Section
28. 66.521 (10) (d) of the statutes is amended to read:
AB375,12,209
66.521
(10) (d) The governing body may issue bonds under this section without
10submitting the proposition to the electors of the municipality for approval unless
11within 30 days from the date of publication of notice of adoption of the initial
12resolution for such bonds, a petition conforming to the requirements of s. 8.40
, and 13signed by
a number of electors of the municipality equal to not less than 5% of the
14registered electors
of the municipality, or, if there is no registration of electors in the
15municipality, by 10% of the number of electors of the municipality voting for the office
16of governor at the last general election as determined under s. 115.01 (13), is filed
17with the clerk of the municipality requesting a referendum upon the question of the
18issuance of the bonds. If such a petition is filed, the bonds shall not be issued until
19approved by a majority of the electors of the municipality voting thereon at a
general
20or special election referendum called in accordance with s. 8.065.
AB375, s. 29
21Section
29. 66.77 (3) (a) 1. of the statutes is amended to read:
AB375,13,722
66.77
(3) (a) 1. If the governing body of a county wishes to exceed the operating
23levy rate limit otherwise applicable to the county under this section, it shall adopt
24a resolution to that effect. The resolution shall specify either the operating levy rate
25or the operating levy that the governing body wishes to impose for either a specified
1number of years or an indefinite period. The governing body shall
call a special
2referendum for the purpose of submitting the resolution to the electors of the county
3for approval or rejection. In lieu of a special referendum, the governing body may
4specify that provide for the referendum
to be held at the next
succeeding spring
5primary or election or September primary or general election
to be held specified in
6s. 8.065 that occurs not earlier than 30 days after the adoption of the resolution of
7the governing body.
AB375, s. 30
8Section
30. 66.94 (4) of the statutes is amended to read:
AB375,13,209
66.94
(4) Manner of adoption. This section may be adopted by any city, village
10or town within the metropolitan district in the following manner: The governing body
11of any municipality, by ordinance passed at least 30 days prior to submission of the
12question, may direct that the question of the adoption of this section be submitted
13to the electors therein at any
general, special, judicial or local election
specified in
14s. 8.065. The clerk of such municipality or the election commission of any city of the
15first class shall thereupon submit the question to popular vote. Public notice of the
16election shall be given in the same manner as in case of a regular municipal election
17except that such notice shall be published or posted at least 20 days prior to the
18election. If a majority of those voting on the question vote in the affirmative thereon,
19this section shall be adopted in such municipality. The proposition on the ballot to
20be used at such election shall be in substantially the following form:
AB375,13,2321
Shall section 66.94 of the Wisconsin statutes which creates a metropolitan
22transit authority for ownership and operation of a public mass transportation system
23in the metropolitan district be adopted?
AB375, s. 31
25Section
31. 67.05 (4) and (5) of the statutes are amended to read:
AB375,14,14
167.05
(4) Permissive referendum in counties. If a county board adopts an
2initial resolution for an issue of county bonds to provide for the original construction
3or for the improvement and maintenance of highways, to provide railroad aid, or to
4construct, acquire or maintain, or to aid in constructing, acquiring or maintaining
5a bridge over or across any stream or other body of water bordering upon or
6intersecting any part of the county, the county clerk is not required to submit the
7resolution for approval to the electors of the county at a
special election referendum 8unless within 30 days after the adoption thereof there is filed with the clerk a petition
9conforming to the requirements of s. 8.40
and requesting such submission, signed by
10electors numbering at least 10% of the votes cast in the county for governor at the
11last general election. If a petition is filed, the question submitted shall be whether
12the resolution shall be or shall not be approved. No such resolution of a county board
13other than those specified in this subsection need be submitted to county electors,
14except as provided otherwise in sub. (7).
AB375,15,2
15(5) Referendum in towns, villages and cities. (a) Whenever an initial
16resolution has been so adopted by the governing body of a town, the clerk of the
17municipality shall immediately record the resolution and call a
special election 18referendum in accordance with s. 8.065 for the purpose of submitting the resolution
19to the electors of the municipality for approval. This paragraph does not apply to
20bonds issued to finance low-interest mortgage loans under s. 66.38, unless a number
21of electors equal to at least 15% of the votes cast for governor at the last general
22election in their town sign and file a petition conforming to the requirements of s. 8.40
23with the town clerk requesting submission of the resolution. Whenever a number of
24electors cannot be determined on the basis of reported statistics, the number shall
25be determined in accordance with s. 60.74 (6). If a petition is filed, the question
1submitted shall be whether the resolution shall or shall not be approved. This
2paragraph is limited in its scope by sub. (7).
AB375,16,113
(b) No city or village may issue any bonds for any purposes other than for
4waterworks, lighting works, gas works, bridges, street lighting, street
5improvements, street improvement funding, hospitals, airports, harbor
6improvements, river improvements, breakwaters and protection piers, sewerage,
7garbage disposal, rubbish or refuse disposal, any combination of sewage, garbage or
8refuse or rubbish disposal, parks and public grounds, swimming pools and band
9shells thereon, veterans housing projects, paying the municipality's portion of the
10cost of abolishing grade crossings, for the construction of police facilities and
11combined fire and police safety buildings, for the purchase of sites for engine houses,
12for fire engines and other equipment of the fire department, for construction of
13engine houses, and for pumps, water mains, reservoirs and all other reasonable
14facilities for fire protection apparatus or equipment for fire protection, for parking
15lots or other parking facilities, for school purposes, for libraries, for buildings for the
16housing of machinery and equipment, for acquiring and developing sites for industry
17and commerce as will expand the municipal tax base, for financing the cost of
18low-interest mortgage loans under s. 66.38, for providing financial assistance to
19blight elimination, slum clearance, community development, redevelopment and
20urban renewal programs and projects under ss. 66.405 to 66.425, 66.43, 66.431,
2166.4325, 66.435 and 66.46 or for university of Wisconsin system centers until the
22proposition for their issue for the special purpose thereof has been submitted to the
23electors of the city or village and adopted by a majority vote. Except as provided
24under sub. (15), if the common council of any city or the village board of any village
25declares its purpose to raise money by issuing bonds for any purpose other than those
1above specified, it shall direct by resolution, which shall be recorded at length in the
2record of its proceedings, the clerk to call a
special election referendum in accordance
3with s. 8.065 for the purpose of submitting the question of bonding to the city or
4village electors. If a number of electors of a city or village equal to at least 15% of the
5votes cast for governor at the last general election in their city or village sign and file
6a petition conforming to the requirements of s. 8.40 with the city or village clerk
7requesting submission of the resolution, the city or village may not issue bonds for
8financing the cost of low-interest mortgage loans under s. 66.38
without calling a
9special election to submit the question of bonding to unless the issuance is approved
10by the city or village electors
for their approval
at a referendum called in accordance
11with s. 8.065.
AB375, s. 32
12Section
32. 67.05 (6a) (a) 2. a. of the statutes is amended to read:
AB375,16,1913
67.05
(6a) (a) 2. a. Direct the school district clerk to call a
special election 14referendum in accordance with s. 8.065 for the purpose of submitting the resolution
15to the electors for approval or rejection
, or direct that the resolution be submitted at
16the next
regularly scheduled primary or election
permitted under s. 8.065 to be held
17not earlier than 45 days after the adoption of the resolution. The resolution shall not
18be effective unless adopted by a majority of the school district electors voting at the
19referendum.
AB375, s. 33
20Section
33. 67.05 (6m) (b) of the statutes is amended to read:
AB375,17,221
67.05
(6m) (b) If a referendum is to be held on an initial resolution, the district
22board shall direct the technical college district secretary to call a
special election 23referendum in accordance with s. 8.065 for the purpose of submitting the initial
24resolution to the electors for
a referendum on approval
or rejection. In lieu of a
1special election, the district board may specify that the election be held at the next
2succeeding spring primary or election or September primary or general election.
AB375, s. 34
3Section
34. 67.10 (5) (b) of the statutes is amended to read:
AB375,17,74
67.10
(5) (b) Any city having
voted
approved the issuance of bonds at a
special 5referendum
election held in accordance with s. 8.065 and having sold a portion
6thereof may negotiate, sell or otherwise dispose of the same in the manner provided
7by statute within nine years of the date of the election voting the same.
AB375, s. 35
8Section
35. 67.12 (12) (e) 5. of the statutes is amended to read:
AB375,18,189
67.12
(12) (e) 5. Within 10 days of the adoption by a technical college district
10board of a resolution under subd. 1. to issue a promissory note for a purpose under
11s. 38.16 (2), the secretary of the district board shall publish a notice of such adoption
12as a class 1 notice, under ch. 985. The notice need not set forth the full contents of
13the resolution, but shall state the amount proposed to be borrowed, the method of
14borrowing, the purpose thereof, that the resolution was adopted under this
15subsection and the place where and the hours during which the resolution is
16available for public inspection. If the amount proposed to be borrowed is for building
17remodeling or improvement and does not exceed $500,000 or is for movable
18equipment, the district board need not submit the resolution to the electors for
19approval unless, within 30 days after the publication or posting, a petition
20conforming to the requirements of s. 8.40 is filed with the secretary of the district
21board requesting a referendum
at a special election to be called for that purpose.
22Such petition shall be signed by electors from each county lying wholly or partially
23within the district. The number of electors from each county shall equal at least 1.5%
24of the population of the county as determined under s. 16.96 (2) (c). If a county lies
25in more than one district, the technical college system board shall apportion the
1county's population as determined under s. 16.96 (2) (c) to the districts involved and
2the petition shall be signed by electors equal to the appropriate percentage of the
3apportioned population.
In lieu of a special election, the district board may specify
4that the referendum shall be held at the next succeeding spring primary or election
5or September primary or general election. Any resolution to borrow amounts of
6money in excess of $500,000 for building remodeling or improvement shall be
7submitted to the electors of the district for approval
. Any referendum under this
8subdivision shall be called at the next election authorized under s. 8.065 occurring
9not sooner than 45 days after filing of a petition or adoption of a resolution requiring
10the referendum. If a referendum is held or required under this subdivision, no
11promissory note may be issued until the issuance is approved by a majority of the
12district electors voting at such referendum. The referendum shall be noticed, called
13and conducted under s. 67.05 (6a) insofar as applicable, except that the notice of
14special election referendum and ballot need not embody a copy of the resolution and
15the question which shall appear on the ballot shall be "Shall .... (name of district) be
16authorized to borrow the sum of $.... for (state purpose) by issuing its general
17obligation promissory note (or notes) under section 67.12 (12) of the Wisconsin
18Statutes?".
AB375, s. 36
19Section
36. 81.01 (3) (b) of the statutes is amended to read: