AB105: Bill Text Engrossed

Analysis by the Legislative Reference Bureau

Engrossment information:

The text of Engrossed 1999 Assembly Bill 105 consists of the bill, as passed by the assembly on March 16, 1999, as affected by the following documents adopted in the assembly on March 2, 1999: Assembly Amendments 1, 4, 5, 6 (part 2, item 3. only) and 9.

Content of Engrossed 1999 Assembly Bill 105:

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 primary (held in most election districts in each year), the spring election (held in each year), or on the 2nd Tuesday in September or the first Tuesday after the first Monday in November of an odd-numbered year (no election is currently held on those dates), the September primary (held in each even-numbered year) or general election (held in each even-numbered year). However, the bill creates a state referendum appeal board consisting of four members appointed by the elections board, including one individual designated by each of the following: the senate majority leader, the senate minority leader, the speaker of the assembly and the assembly minority leader. The board is empowered to permit a local government to hold a referendum on a date that is not otherwise permitted if the board finds, with the concurrence of at least three members, that an emergency exists which requires the referendum to be held on a date that is not otherwise permitted.

The bill applies to all referenda, including referenda concerning direct legislation (initiative) in cities and villages.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB105-engrossed, s. 1 Section 1. 7.15 (2) (d) of the statutes is amended to read:

AB105-engrossed,2,11 7.15 (2) (d) Whenever the governing body of any municipality submits any question to a vote of the electors or whenever a proper recall petition and certificate are filed under s. 9.10, the municipal clerk shall issue a call for the election and prepare and distribute ballots as required in the authorization of submission or as provided in s. 9.10. The date of the referendum shall be established in accordance with s. 8.065, and shall be fixed by the municipal clerk or board of election commissioners unless otherwise provided by law or unless the governing body fixes a date. The ballot for any referendum shall conform to s. 5.64 (2). If there is already an official municipal referendum ballot for the election, the question may appear on the same ballot.

AB105-engrossed, s. 2 Section 2. 8.05 (3) (d) and (e) of the statutes are amended to read:

AB105-engrossed,3,6 8.05 (3) (d) The question of adoption of the nonpartisan primary under this subsection may be submitted to the electors at any regular election authorized under s. 8.065 held in the town or at a special election called for the purpose. When a petition conforming to the requirements of s. 8.40 signed by at least 20 electors of the town is filed with the town clerk so requesting, the question shall be submitted to a vote.

AB105-engrossed,3,11 (e) Petitions requesting a vote on the question at a regular town election shall be filed no later than 5 p.m. the last Tuesday in February. When the petition is filed, the clerk shall check its sufficiency. Whether at a regular or special election, the The clerk shall give separate notice by one publication in a newspaper at least 5 days before the election.

AB105-engrossed, s. 3 Section 3. 8.06 of the statutes is amended to read:

AB105-engrossed,3,16 8.06 Special elections may be called. Towns, cities, villages and school districts may call special elections for any purpose whenever such action is authorized or required by law. If an election is called for a special referendum, the election shall be called and noticed under as provided in s. 8.55.

AB105-engrossed, s. 4 Section 4. 8.065 of the statutes is created to read:

AB105-engrossed,3,19 8.065 Scheduling of referenda. (1) In this section, "local governmental unit" has the meaning given in s. 16.97 (7).

AB105-engrossed,3,24 (2) Unless otherwise required by law or unless authorized under sub. (3), a referendum held by any local governmental unit that is authorized or required by law to hold a referendum may only be held on the date of the spring primary, spring election, September primary or general election, or on the 2nd Tuesday in September or the Tuesday after the first Monday in November of an odd-numbered year.

AB105-engrossed,4,14 (3) If a local governmental unit wishes to hold a special referendum on a date that is not concurrent with an election specified in s. 5.02 (5), (18), (21) or (22) or on a date other than the 2nd Tuesday in September or the first Tuesday after the first Monday in November of an odd-numbered year, the local governmental unit may petition the referendum appeal board for a determination that an emergency exists with respect to a particular question. The referendum appeal board shall make a determination within 10 days after receipt of a petition under this subsection. If the referendum appeal board finds, with the concurrence of at least 3 members, that an emergency exists which requires a special referendum to be held by a local governmental unit on a date that is not concurrent with an election specified in s. 5.02 (5), (18), (21) or (22) or on a date other than the 2nd Tuesday in September or the first Tuesday after the first Monday in November of an odd-numbered year, the board may permit a referendum relating to the question specified in the petition to be held on a date determined by the local governmental unit.

AB105-engrossed, s. 5 Section 5. 9.20 (4) of the statutes is amended to read:

AB105-engrossed,5,2 9.20 (4) The common council or village board shall, without alteration, either pass the ordinance or resolution within 30 days following the date of the clerk's final certificate, or submit it to the electors at the next spring or general election authorized under s. 8.065, if the election is more than 6 weeks after the date of the council's or board's action on the petition or the expiration of the 30-day period, whichever first occurs. If there are 6 weeks or less before the election, the ordinance or resolution shall be voted on at the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) thereafter. The council or board by a three-fourths vote of the members-elect may order a special election for the purpose of voting on the ordinance or resolution at any time prior to the next election, but not more than one special election for direct legislation may be ordered in any 6-month period.

AB105-engrossed, s. 6 Section 6. 15.615 of the statutes is created to read:

AB105-engrossed,5,11 15.615 Same; attached boards. (2) Referendum appeal board. There is created a referendum appeal board which is attached to the elections board under s. 15.03. The board shall consist of 4 members appointed by the elections board, including one individual designated by each of the following: the senate majority leader, the senate minority leader, the speaker of the assembly and the assembly minority leader. In case of an absence or temporary vacancy, the officer designating that member may serve as a member of the board. Members of the board shall serve for indefinite terms.

AB105-engrossed, s. 7 Section 7. 24.66 (3) (b) of the statutes is amended to read:

AB105-engrossed,5,19 24.66 (3) (b) For long-term loans by unified school districts. Every application for a loan, the required repayment of which exceeds 10 years, shall be approved and authorized for a unified school district by a majority vote of the members of the school board at a regular or special meeting of the school board. Every vote so required shall be by ayes and noes duly recorded. In addition, the application shall be approved for a unified school district by a majority vote of the electors of the school district at a special election referendum as provided under sub. (4).

AB105-engrossed, s. 8 Section 8. 24.66 (4) of the statutes is amended to read:

AB105-engrossed,6,3 24.66 (4) Popular vote, when required. If any municipality is not empowered by law to incur indebtedness for a particular purpose without first submitting the question to its electors, the application for a state trust fund loan for that purpose must be approved and authorized by a majority vote of the electors at a special election referendum called, in accordance with s. 8.065, and noticed and held in the manner provided for other special elections referenda. The notice of the election referendum shall state the amount of the proposed loan and the purpose for which it will be used.

AB105-engrossed, s. 9 Section 9. 32.72 (1) of the statutes is amended to read:

AB105-engrossed,6,11 32.72 (1) Sections 32.50 to 32.71 do not take effect in any city until the following question is submitted to the electors of the city at a special election referendum called in accordance with s. 8.065 and adopted by a majority vote of the electors voting: "Shall subchapter II of chapter 32, Wisconsin Statutes, be effective in the city of ................, thus allowing the city to acquire and condemn property for street widening and similar purposes, financed through assessments of benefits and damages?".

AB105-engrossed, s. 10 Section 10. 59.08 (7) (b) of the statutes is amended to read:

AB105-engrossed,6,22 59.08 (7) (b) The question of the consolidation of the counties shall be submitted to the voters at the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held on the first Tuesday in April, or the next regular election, or at a special election to be held on a date specified in the order which shall be no sooner than 45 days after the day fixed in date of the order issued under par. (a), which day date shall be the same in each of the counties proposing to consolidate. A copy of the order shall be filed with the county clerk of each of the counties. If the question of consolidation is submitted at a special election, it shall be held not less than 30 days nor more than 60 days from the completion of the consolidation agreement, but not within 60 days of any spring or general election.

AB105-engrossed, s. 11 Section 11. 60.62 (2) of the statutes is amended to read:

AB105-engrossed,7,2 60.62 (2) If the county in which the town is located has enacted a zoning ordinance under s. 59.69, the exercise of the authority under sub. (1) is subject to approval by the town meeting or by a referendum vote of the electors of the town to be held at the time of any regular or special election in accordance with s. 8.065.

AB105-engrossed, s. 12 Section 12. 60.74 (5) (b) of the statutes is amended to read:

AB105-engrossed,7,14 60.74 (5) (b) A petition conforming to the requirements of s. 8.40 signed by qualified electors of the district equal to at least 20% of the vote cast for governor in the district at the last gubernatorial election, requesting a change to appointment of commissioners, may be submitted to the town board, subject to sub. (5m) (a). Upon receipt of the petition, the town board shall submit the question to a referendum at the next regular spring election or general election, or shall call a special election for that purpose authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45 days after receipt of the petition. The inspectors shall count the votes and submit a statement of the results to the commission. The commission shall canvass the results of the election and certify the results to the town board which has authority to appoint commissioners.

AB105-engrossed, s. 13 Section 13. 61.187 (1) of the statutes is amended to read:

AB105-engrossed,7,25 61.187 (1) Procedure. Whenever a petition conforming to the requirements of s. 8.40, signed by at least one-third as many electors of any village as voted for village officers at the next preceding election therefor, shall be presented to the village board praying for dissolution of the village corporation, such board shall submit to the electors of such village, for determination by ballot in substantially the manner provided by ss. 5.64 (2) and 10.02, at a general election or at a special election called by them for that purpose the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45 days after presentation of the petition, the question whether or not such village corporation shall be dissolved.

AB105-engrossed, s. 14 Section 14. 61.46 (1) of the statutes is amended to read:

AB105-engrossed,8,13 61.46 (1) General; limitation. The village board shall, on or before December 15 in each year, by resolution to be entered of record, determine the amount of corporation taxes to be levied and assessed on the taxable property in such village for the current year. Before levying any tax for any specified purpose, exceeding one percent of the assessed valuation aforesaid, the village board shall, and in all other cases may in its discretion, submit the question of levying the same to the village electors at any general or special the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held no sooner than 45 days after submission by giving 10 days' notice thereof prior to such election by publication in a newspaper published in the village, if any, and if there is none, then by posting notices in 3 public places in said village, setting forth in such notices the object and purposes for which such taxes are to be raised and the amount of the proposed tax.

AB105-engrossed, s. 15 Section 15. 62.09 (1) (a) of the statutes is amended to read:

AB105-engrossed,9,2 62.09 (1) (a) The officers shall be a mayor, treasurer, clerk, comptroller, attorney, engineer, one or more assessors unless the city is assessed by a county assessor under s. 70.99, one or more constables as determined by the common council, a local health officer, as defined in s. 250.01 (5), or local board of health, as defined in s. 250.01 (3), street commissioner, board of police and fire commissioners except in cities where not applicable, chief of police, chief of the fire department, board of public works, 2 alderpersons from each aldermanic district, and such other officers or boards as are created by law or by the council. If one alderperson from each aldermanic district is provided under s. 66.018 (1), the council may, by ordinance adopted by a two-thirds vote of all its members and approved by the electors at a general or special any election authorized under s. 8.065, provide that there shall be 2 alderpersons from each aldermanic district.

AB105-engrossed, s. 16 Section 16. 64.03 (1) of the statutes is amended to read:

AB105-engrossed,9,9 64.03 (1) Every ordinance or resolution for the adoption of ss. 64.01 to 64.15, and every petition for a special election referendum on the same, shall state the number of members of which the council herein provided for shall be composed, the term of office of its members, which term shall not exceed 2 years, whether they shall be nominated and elected from aldermanic districts or from the city at large, and the compensation, if any, which they shall receive.

AB105-engrossed, s. 17 Section 17. 64.39 (3) of the statutes is amended to read:

AB105-engrossed,9,16 64.39 (3) Upon filing such petition, the mayor shall, by proclamation, submit the questions prescribed in sub. (1) at a special the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held at a time specified therein and within 2 months not sooner than 45 days after such petition is filed. The election upon such question shall be conducted, the vote canvassed, and the result declared in the same manner as provided by law for other city elections.

AB105-engrossed, s. 18 Section 18. 66.01 (8) of the statutes is amended to read:

AB105-engrossed,9,25 66.01 (8) Every charter, charter amendment or charter ordinance enacted or approved by a vote of the electors shall control and prevail over any prior or subsequent act of the legislative body of the city or village. Whenever the electors of any city or village by a majority vote have adopted or determined to continue to operate under either ch. 62 or 64, or have determined the method of selection of members of the governing board, the question shall not again be submitted to the electors, nor action taken thereon within a period of 2 years. Any election to change or amend the charter of any city or village, other than a special an election as provided in called under s. 9.20 (4), shall be held at the time provided by statute for holding the spring election.

AB105-engrossed, s. 19 Section 19. 66.059 (2m) (b) of the statutes is amended to read:

AB105-engrossed,10,10 66.059 (2m) (b) If a referendum is to be held on a resolution, the municipal governing body shall direct the municipal clerk to call a special election for the purpose of submitting submit the resolution to the electors for approval of the electors at a referendum on approval or rejection. In lieu of a special election, the municipal governing body may specify that the election be held at the next succeeding spring primary or election or September primary or general election called in accordance with s. 8.065.

AB105-engrossed, s. 20 Section 20. 66.061 (1) (c) of the statutes is amended to read:

AB105-engrossed,10,22 66.061 (1) (c) No such ordinance shall be operative until 60 days after passage and publication unless sooner approved by a referendum. Within that time electors equal in number to 20 per cent of those voting at the last regular municipal election, may demand a referendum. The demand shall be in writing and filed with the clerk. Each signer shall state his or her occupation and residence and signatures shall be verified by the affidavit of an elector. The referendum shall be held at the next regular municipal election, or at a special election within 90 days of the authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45 days after filing of the demand, and the ordinance shall not be effective unless approved by a majority of the votes cast thereon. This paragraph shall not apply to extensions by a utility previously franchised by the village or city.

AB105-engrossed, s. 21 Section 21. 66.075 (5) of the statutes is amended to read:

AB105-engrossed,11,11 66.075 (5) The provisions of this section shall apply only to such counties, cities, villages and towns as shall have adopted the same at any general or municipal election at which the question of the establishment of such county or municipal slaughterhouse shall have been submitted to the voters of such county, city, village or town. Such question shall, upon the filing of a petition conforming to the requirements of s. 8.40 by electors of such county, city, village or town equal in number to at least 10% of all the votes cast in such county, city, village or town for governor at the last preceding general election, be submitted to the electors of such county, city, village or town at the next ensuing election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45 days after filing of the petition, and if a majority of votes cast shall be in favor of the establishment of such slaughterhouse, the provisions of this section shall apply to such county, city, village or town.

AB105-engrossed, s. 22 Section 22. 66.504 (2) of the statutes is amended to read:

AB105-engrossed,11,19 66.504 (2) Facilities authorized. A municipality may enter into a joint contract with a nonprofit corporation organized for civic purposes and located in the municipality to construct or otherwise acquire, equip, furnish, operate and maintain a facility to be used for municipal and civic activities if a majority of the voters voting in a referendum at a special election or at a spring primary or election or September primary or general an election authorized under s. 8.065 approve the question of entering into the joint contract.

AB105-engrossed, s. 23 Section 23. 66.521 (10) (d) of the statutes is amended to read:

AB105-engrossed,12,7 66.521 (10) (d) The governing body may issue bonds under this section without submitting the proposition to the electors of the municipality for approval unless within 30 days from the date of publication of notice of adoption of the initial resolution for such bonds, a petition conforming to the requirements of s. 8.40, and signed by a number of electors of the municipality equal to not less than 5% of the registered electors of the municipality, or, if there is no registration of electors in the municipality, by 10% of the number of electors of the municipality voting for the office of governor at the last general election as determined under s. 115.01 (13), is filed with the clerk of the municipality requesting a referendum upon the question of the issuance of the bonds. If such a petition is filed, the bonds shall not be issued until approved by a majority of the electors of the municipality voting thereon at a general or special election referendum called in accordance with s. 8.065.

AB105-engrossed, s. 24 Section 24. 66.77 (3) (a) 1. of the statutes is amended to read:

AB105-engrossed,12,19 66.77 (3) (a) 1. If the governing body of a county wishes to exceed the operating levy rate limit otherwise applicable to the county under this section, it shall adopt a resolution to that effect. The resolution shall specify either the operating levy rate or the operating levy that the governing body wishes to impose for either a specified number of years or an indefinite period. The governing body shall call a special referendum for the purpose of submitting the resolution to the electors of the county for approval or rejection. In lieu of a special referendum, the governing body may specify that provide for the referendum to be held at the next succeeding spring primary or election or September primary or general election to be held authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) that occurs not earlier than 30 days after the adoption of the resolution of the governing body.

AB105-engrossed, s. 25 Section 25. 66.94 (4) of the statutes is amended to read:

AB105-engrossed,13,7 66.94 (4) Manner of adoption. This section may be adopted by any city, village or town within the metropolitan district in the following manner: The governing body of any municipality, by ordinance passed at least 30 days prior to submission of the question, may direct that the question of the adoption of this section be submitted to the electors therein at any general, special, judicial or local election authorized under s. 8.065. The clerk of such municipality or the election commission of any city of the first class shall thereupon submit the question to popular vote. Public notice of the election shall be given in the same manner as in case of a regular municipal election except that such notice shall be published or posted at least 20 days prior to the election. If a majority of those voting on the question vote in the affirmative thereon, this section shall be adopted in such municipality. The proposition on the ballot to be used at such election shall be in substantially the following form:

AB105-engrossed,13,10 Shall section 66.94 of the Wisconsin statutes which creates a metropolitan transit authority for ownership and operation of a public mass transportation system in the metropolitan district be adopted?

AB105-engrossed,13,11 YES ⍽ NO ⍽

AB105-engrossed, s. 26 Section 26. 67.05 (4) and (5) of the statutes are amended to read:

AB105-engrossed,14,2 67.05 (4) Permissive referendum in counties. If a county board adopts an initial resolution for an issue of county bonds to provide for the original construction or for the improvement and maintenance of highways, to provide railroad aid, or to construct, acquire or maintain, or to aid in constructing, acquiring or maintaining a bridge over or across any stream or other body of water bordering upon or intersecting any part of the county, the county clerk is not required to submit the resolution for approval to the electors of the county at a special election referendum unless within 30 days after the adoption thereof there is filed with the clerk a petition conforming to the requirements of s. 8.40 and requesting such submission, signed by electors numbering at least 10% of the votes cast in the county for governor at the last general election. If a petition is filed, the question submitted shall be whether the resolution shall be or shall not be approved. No such resolution of a county board other than those specified in this subsection need be submitted to county electors, except as provided otherwise in sub. (7).

AB105-engrossed,14,15 (5) Referendum in towns, villages and cities. (a) Whenever an initial resolution has been so adopted by the governing body of a town, the clerk of the municipality shall immediately record the resolution and call a special election referendum in accordance with s. 8.065 for the purpose of submitting the resolution to the electors of the municipality for approval. This paragraph does not apply to bonds issued to finance low-interest mortgage loans under s. 66.38, unless a number of electors equal to at least 15% of the votes cast for governor at the last general election in their town sign and file a petition conforming to the requirements of s. 8.40 with the town clerk requesting submission of the resolution. Whenever a number of electors cannot be determined on the basis of reported statistics, the number shall be determined in accordance with s. 60.74 (6). If a petition is filed, the question submitted shall be whether the resolution shall or shall not be approved. This paragraph is limited in its scope by sub. (7).

AB105-engrossed,15,24 (b) No city or village may issue any bonds for any purposes other than for water systems, lighting works, gas works, bridges, street lighting, street improvements, street improvement funding, hospitals, airports, harbor improvements, river improvements, breakwaters and protection piers, sewerage, garbage disposal, rubbish or refuse disposal, any combination of sewage, garbage or refuse or rubbish disposal, parks and public grounds, swimming pools and band shells thereon, veterans housing projects, paying the municipality's portion of the cost of abolishing grade crossings, for the construction of police facilities and combined fire and police safety buildings, for the purchase of sites for engine houses, for fire engines and other equipment of the fire department, for construction of engine houses, and for pumps, water mains, reservoirs and all other reasonable facilities for fire protection apparatus or equipment for fire protection, for parking lots or other parking facilities, for school purposes, for libraries, for buildings for the housing of machinery and equipment, for acquiring and developing sites for industry and commerce as will expand the municipal tax base, for financing the cost of low-interest mortgage loans under s. 66.38, for providing financial assistance to blight elimination, slum clearance, community development, redevelopment and urban renewal programs and projects under ss. 66.405 to 66.425, 66.43, 66.431, 66.4325, 66.435 and 66.46 or for university of Wisconsin system college campuses, as defined in s. 36.05 (6m), until the proposition for their issue for the special purpose thereof has been submitted to the electors of the city or village and adopted by a majority vote. Except as provided under sub. (15), if the common council of any city or the village board of any village declares its purpose to raise money by issuing bonds for any purpose other than those above specified, it shall direct by resolution, which shall be recorded at length in the record of its proceedings, the clerk to call a special election referendum in accordance with s. 8.065 for the purpose of submitting the question of bonding to the city or village electors. If a number of electors of a city or village equal to at least 15% of the votes cast for governor at the last general election in their city or village sign and file a petition conforming to the requirements of s. 8.40 with the city or village clerk requesting submission of the resolution, the city or village may not issue bonds for financing the cost of low-interest mortgage loans under s. 66.38 without calling a special election to submit the question of bonding to unless the issuance is approved by the city or village electors for their approval at a referendum called in accordance with s. 8.065.

AB105-engrossed, s. 27 Section 27. 67.05 (6a) (a) 2. a. of the statutes is amended to read:

AB105-engrossed,16,8 67.05 (6a) (a) 2. a. Direct the school district clerk to call a special election referendum in accordance with s. 8.065 (2) or an election authorized under s. 8.065 (3) for the purpose of submitting the resolution to the electors for approval or rejection, or direct that the resolution be submitted at the next regularly scheduled primary or election permitted under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not earlier than 45 days after the adoption of the resolution. The resolution shall not be effective unless adopted by a majority of the school district electors voting at the referendum.

AB105-engrossed, s. 28 Section 28. 67.05 (6m) (b) of the statutes is amended to read:

AB105-engrossed,16,15 67.05 (6m) (b) If a referendum is to be held on an initial resolution, the district board shall direct the technical college district secretary to call a special election referendum in accordance with s. 8.065 for the purpose of submitting the initial resolution to the electors for a referendum on approval or rejection. In lieu of a special election, the district board may specify that the election be held at the next succeeding spring primary or election or September primary or general election.

AB105-engrossed, s. 29 Section 29. 67.10 (5) (b) of the statutes is amended to read:

AB105-engrossed,16,20 67.10 (5) (b) Any city having voted approved the issuance of bonds at a special referendum election held in accordance with s. 8.065 and having sold a portion thereof may negotiate, sell or otherwise dispose of the same in the manner provided by statute within 9 years of the date of the election voting the same.

AB105-engrossed, s. 30 Section 30. 67.12 (12) (e) 5. of the statutes is amended to read:

AB105-engrossed,18,6 67.12 (12) (e) 5. Within 10 days of the adoption by a technical college district board of a resolution under subd. 1. to issue a promissory note for a purpose under s. 38.16 (2), the secretary of the district board shall publish a notice of such adoption as a class 1 notice, under ch. 985. The notice need not set forth the full contents of the resolution, but shall state the amount proposed to be borrowed, the method of borrowing, the purpose thereof, that the resolution was adopted under this subsection and the place where and the hours during which the resolution is available for public inspection. If the amount proposed to be borrowed is for building remodeling or improvement and does not exceed $500,000 or is for movable equipment, the district board need not submit the resolution to the electors for approval unless, within 30 days after the publication or posting, a petition conforming to the requirements of s. 8.40 is filed with the secretary of the district board requesting a referendum at a special election to be called for that purpose. Such petition shall be signed by electors from each county lying wholly or partially within the district. The number of electors from each county shall equal at least 1.5% of the population of the county as determined under s. 16.96 (2) (c). If a county lies in more than one district, the technical college system board shall apportion the county's population as determined under s. 16.96 (2) (c) to the districts involved and the petition shall be signed by electors equal to the appropriate percentage of the apportioned population. In lieu of a special election, the district board may specify that the referendum shall be held at the next succeeding spring primary or election or September primary or general election. Any resolution to borrow amounts of money in excess of $500,000 for building remodeling or improvement shall be submitted to the electors of the district for approval. Any referendum under this subdivision shall be called at the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) occurring not sooner than 45 days after filing of a petition or adoption of a resolution requiring the referendum. If a referendum is held or required under this subdivision, no promissory note may be issued until the issuance is approved by a majority of the district electors voting at such referendum. The referendum shall be noticed, called and conducted under s. 67.05 (6a) insofar as applicable, except that the notice of special election referendum and ballot need not embody a copy of the resolution and the question which shall appear on the ballot shall be "Shall .... (name of district) be authorized to borrow the sum of $.... for (state purpose) by issuing its general obligation promissory note (or notes) under section 67.12 (12) of the Wisconsin Statutes?".

AB105-engrossed, s. 31 Section 31. 81.01 (3) (b) of the statutes is amended to read:

AB105-engrossed,18,12 81.01 (3) (b) The town board by resolution submits to the electors of the town as a referendum at a general or special town an election authorized under s. 8.065 the question of exceeding the $10,000 limit set under this subsection. The board shall abide by the majority vote of the electors of the town on the question. The question shall read as follows:

AB105-engrossed,18,14 Shall the town of ... spend $... over the annual limit of $10,000 for the construction and repair of its highways and bridges?

AB105-engrossed,18,15 FOR SPENDING ⍽ AGAINST SPENDING ⍽

AB105-engrossed, s. 32 Section 32. 86.21 (2) (a) of the statutes is amended to read:

AB105-engrossed,19,17 86.21 (2) (a) Before any such toll bridge is constructed or acquired under this section, a resolution authorizing the construction or acquisition thereof, and specifying the method of payment therefor, shall be adopted by a majority of the members of the governing body of such county, town, village or city at a regular meeting, after publication of said resolution, as a class 2 notice, under ch. 985. The resolution shall include a general description of the property it is proposed to acquire or construct. Any county, town, village or city constructing or acquiring a toll bridge under this section may provide for the payment of the same or any part thereof from the general fund, from taxation, or from the proceeds of either municipal bonds, revenue bonds or as otherwise provided by law. Such resolution shall not be effective until 15 days after its passage and publication. If within said 15 days a petition conforming to the requirements of s. 8.40 is filed with the clerk of such municipality signed by at least 20% of the electors thereof requesting that the question of acquiring such toll bridge be submitted to the said electors, such question shall be submitted at any general or regular municipal the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) that may be is held not less sooner than 10 nor more than 40 45 days from the date of filing such petition. In case no such general or regular municipal election is to be held within such stated period, then the governing body of such municipality shall order a special election to be held within 30 days from the filing of such petition upon the question of whether such toll bridge shall be acquired by said municipality. The question submitted to the electors shall specify the method of payment for such toll bridge as provided in the resolution for the acquisition thereof. If no such petition is filed, or if the majority of votes cast at such referendum election are in favor of the acquisition of such toll bridge, then the resolution of the governing body for the acquisition of such toll bridge shall be in effect.

AB105-engrossed, s. 33 Section 33. 117.20 of the statutes is amended to read:

AB105-engrossed,19,25 117.20 Referendum procedures. (1) If a referendum is required under ss. 117.08 to 117.11, it shall be held on the Tuesday after the first Monday in November occurring not sooner than 45 days following receipt of the petition or adoption of the resolution under s. 117.08 (3) (a), 117.09 (3) (a), 117.10 (3) (a) or 117.11 (4) (a). If a referendum is required under s. 117.105, it shall be held on the Tuesday after the first Monday in the 2nd November occurring not sooner than 45 days following receipt of the petition or adoption of the resolution under s. 117.105 (1).

AB105-engrossed,20,11 (2) The clerk of each affected school district shall publish notice, as required under s. 8.55 10.06 (4), in the territory of that school district. The procedures for school board elections under s. 120.06 (5), (9), (11), (13) and (14) apply to a referendum held under this section. The school board and school district clerk of each affected school district shall each perform, for that school district, the functions assigned to the school board and the school district clerk, respectively, under those subsections. The form of the ballot shall correspond to the form prescribed by the elections board under ss. 5.64 (2) and 7.08 (1) (a). The clerk of each affected school district shall file with the secretary of the board a certified statement prepared by the school district board of canvassers of the results of the referendum in that school district.

AB105-engrossed, s. 34 Section 34. 119.48 (4) (b) and (c) of the statutes are amended to read:

AB105-engrossed,20,17 119.48 (4) (b) The communication shall state the purposes for which the funds from the increase in the levy rate will be used and shall request the common council to submit to the voters of the city the question of exceeding the levy rate specified in s. 65.07 (1) (f) at the September election or a special an election authorized under s. 8.065.

AB105-engrossed,21,4 (c) Upon receipt of the communication, the common council shall cause the question of exceeding the levy rate specified under s. 65.07 (1) (f) to be submitted to the voters of the city at the September election or at a special next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45 days after receipt of the communication. The question of exceeding the levy rate specified under s. 65.07 (1) (f) shall be submitted upon a separate ballot or in some other manner so that the vote upon exceeding the levy rate specified in s. 65.07 (1) (f) is taken separately from any other question submitted to the voters. If a majority of the electors voting on the question favors exceeding the levy rate specified under s. 65.07 (1) (f), the common council shall approve the increase in the levy rate and shall levy and collect a tax equal to the amount of money approved by the electors.

AB105-engrossed, s. 35 Section 35. 119.49 (1) (b) and (2) of the statutes are amended to read: