Although current law generally limits the total amount of revenue that a school
district may receive from general school aids and property taxes to the amount of
revenue increase allowed per pupil in the previous school year, a school board may
increase the school district's revenue limit by a specified amount if the school board
adopts a resolution to that effect and the district's electors approve the increase at
a referendum.
Under current law, the school board must call a special referendum at which the
electors vote to approve or reject the resolution. Current law also permits the school
board to schedule the referendum to be held concurrently with any primary election
or election that falls no sooner than 70 days after the date on which the board files
the resolution.
Loans from the State Trust Funds
Current law permits a school board to apply to the Board of Commissioners of
Public Lands for a loan to the school district from the state trust funds (the common
school fund, the normal school fund, the university fund, and the agricultural college
fund). With certain exceptions, in order for the school board of a unified school
district to obtain a state trust fund loan, the application must be approved by a
majority of the electors of the school district who vote on the application by
referendum at a special election. With certain exceptions, in order for the school
board of a first class city school district (the Milwaukee Public School District, or
MPS) or of a common or union high school district to obtain a state trust fund loan,
a majority of the legal voters of the school district who vote on the question must
approve the loan application, but the school board is not required to hold a special
election on the application. Unless certain factors apply, the school board of any
school district, including a unified school district, may adopt and record a resolution
to obtain a loan with a repayment period of ten years or less without submitting the
application to the voters by referendum at a special election. The factors affecting
whether the school board must hold a special election include the amount of the loan,
the purpose of the loan, the aggregate amount of outstanding indebtedness of the
school district incurred without a referendum, and whether a sufficient number of
electors of the school district timely file a petition for a referendum.
Temporary Borrowing
Under current law, if two-thirds of the school board members approve a
resolution to do so, the school board of any common, union high school, or unified
school district may temporarily borrow money in June, July, and August to meet the
immediate expenses associated with operating and maintaining the schools of the
district from July1 to the last working day of October.
Promissory Notes
Current law permits a school district to adopt a resolution to borrow money
through the issuance of promissory notes. A referendum may be required if the
amount to be borrowed exceeds $5,000, if the borrowing causes the school district's
outstanding indebtedness incurred without a referendum to exceed the lesser of
$1,000,000 or 1.5 percent of the statewide average equalized valuation per member
multiplied by the school district's membership, and if a sufficient number of school
district electors petition the school district to hold a referendum.
Levy Limit Adjustments and Bond Issues by the Milwaukee Public School
District
Under current law, the board of directors of MPS (MPS board) must annually
submit its budget to the common council of the City of Milwaukee. The MPS board
must include in its budget the amount of money required to operate the public schools
in the city, repair and keep in order school buildings and equipment, make
improvements to school property, and purchase necessary additions to school sites.
Upon receipt of its budget, the common council must levy and and collect a tax
sufficient for the MPS board to fulfill its statutory obligations. Current law also
permits the MPS board to, upon a two-thirds vote, communicate with the common
council when either of the following applies: 1) the MPS board determines it is
necessary to exceed its levy rate in order to purchase school sites, construct school
buildings and additions thereto, or remodel existing buildings; or 2) the MPS board
determines it is necessary to issue bonds in order to construct buildings or additions
to buildings, remodel buildings, or purchase school sites. Upon receipt of a
communication from the MPS board, the common council must schedule a
referendum for the voters of the city to approve or reject the decision of the MPS
board.
This bill provides that, if a school board applies or adopts a resolution to borrow
money or adopts a resolution to increase revenue through any of the mechanisms
identified above and the application, resolution, or referendum is rejected by a
majority of the electors of the school district, the school board may not use any of the
mechanisms identified in the bill to borrow money or raise revenue for two
consecutive 365-day periods.
If a school district experiences a natural disaster, including a fire, the
prohibitions established in the bill do not apply for the six-month period
immediately following the natural disaster.
Also under this bill, unless the school board experiences a natural disaster,
including a fire, a school board may schedule a referendum for the purpose of
submitting to the electors of a school district a resolution to increase the school
district's revenue limit only concurrently with a spring election or with the general
election. A spring election is held annually on the first Tuesday in April. The general
election occurs in even-numbered years on the Tuesday following the first Monday
in November. In any school year in which a school district experiences a natural
disaster, the school board may call a special referendum on the resolution, provided
the special referendum is held not sooner than 70 days after the resolution is filed.
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:
AB481,1
1Section
1. 7.52 (8) of the statutes is amended to read:
AB481,4,122
7.52
(8) The board of absentee ballot canvassers shall make full and accurate
3return of the votes cast for each candidate and proposition on the tally sheet forms.
4Each tally sheet shall record the returns for each office or referendum by ward,
5unless combined returns are authorized in accordance with s. 5.15 (6) (b), in which
6case the tally sheet shall record the returns for each group of combined wards. After
7recording the votes, the board of absentee ballot canvassers shall seal in a carrier
8envelope outside the ballot bag or container one inspector's statement under sub. (4)
9(d), one tally sheet, and one poll list for delivery to the county clerk, unless the
10election relates only to
municipal or school district offices or
municipal offices or 11referenda. The board of absentee ballot canvassers shall also similarly seal one
12statement, one tally sheet, and one poll list for delivery to the municipal clerk.
AB481,2
13Section
2. 8.06 of the statutes is amended to read:
AB481,4,17
148.06 Special elections may be called. Towns, cities, villages
, and
, subject
15to s. 121.91 (3) (a), school districts
, may call special elections for any purpose
16authorized by law. If an election is called for a special referendum, the election shall
17be noticed under s. 8.55.
AB481,3
1Section
3. 24.66 (3) (a) of the statutes is renumbered 24.66 (3) (a) 1. and
2amended to read:
AB481,5,163
24.66
(3) (a) 1. Every application for a loan, the required repayment of which
4exceeds 10 years, shall be approved and authorized for a common, union high
, or 1st
5class city school district by a vote of a majority of its legal voters voting on this
6question. If the vote is taken at a special meeting the objects thereof shall be clearly
7stated in the notice of the meeting. The application shall state the facts in detail
8respecting the holding of the meeting, and the taking and the result of the vote
9required. The application shall be signed by a majority of the members of the district
10board and verified by the clerk. The statement accompanying the application shall
11contain a correct map or plat of the district. If the district is a joint district, the
12statement accompanying the application shall show the assessed valuation in its
13several parts separately, so that the valuation of each part of the district which lies
14in each town or municipality may be readily shown.
If a majority of the legal voters
15of the school district who vote on an application under this subdivision reject the
16application, the school district shall be subject to the prohibitions under subd. 2.
AB481,4
17Section
4. 24.66 (3) (a) 2. of the statutes is created to read:
AB481,6,218
24.66
(3) (a) 2. a. Except as provided in subd. 2. b., if an application for a loan
19is submitted to the legal voters of the school district as provided in subd. 1. and a
20majority of the voters who vote on the application reject the application, the school
21district may not submit another application under this paragraph or proceed under
22par. (am), (b), (bm), or (c), to the extent those paragraphs are applicable to the school
23district, or under s. 67.05, 67.12, 119.48, 119.49, or 121.91 (3), to the extent those
24sections are applicable to the school district, for the 730-day period beginning on the
1date on which the governing body of the school district submitted to the legal voters
2of the school district the application rejected as described in this subdivision.
AB481,6,53
b. For a school district that experiences a natural disaster, including a fire, that
4causes the school district's costs to increase, the prohibitions in this subdivision do
5not apply in the 6-month period immediately following the natural disaster.
AB481,5
6Section
5. 24.66 (3) (am) of the statutes is amended to read:
AB481,6,137
24.66
(3) (am)
For short-term loans by common, union high and 1st class city
8school districts. Every application for a loan, the required repayment of which is 10
9years or less, shall be approved and authorized for a common, union high
, or 1st class
10city school district under par. (a) or (c), to the extent applicable.
If a majority of the
11legal voters of the school district who vote on an application under this paragraph
12reject the application, the school district shall be subject to the prohibitions under
13par. (a) 2. or (c) 4.
AB481,6
14Section
6. 24.66 (3) (b) of the statutes is renumbered 24.66 (3) (b) 1. and
15amended to read:
AB481,6,2516
24.66
(3) (b) 1. Every application for a loan, the required repayment of which
17exceeds 10 years, shall be approved and authorized for a unified school district by a
18majority vote of the members of the school board at a regular or special meeting of
19the school board. Every vote so required shall be by ayes and noes duly recorded.
20In addition, the application shall be approved for a unified school district by a
21majority vote of the electors of the school district at a special election as provided
22under sub. (4).
If a majority of the legal voters of the school district who vote on an
23application under this subdivision reject the application or if a majority of the voters
24who vote at a special election as provided under sub. (4) reject the question, the school
25district shall be subject to the prohibitions under subd. 2.
AB481,7
1Section
7. 24.66 (3) (b) 2. of the statutes is created to read:
AB481,7,102
24.66
(3) (b) 2. a. Except as provided in subd. 2. b., if an application for a loan
3is submitted to the legal voters of the school district as provided in subd. 1. and a
4majority of the voters who vote on the application reject the application, or if a
5majority of the electors of the school district who vote at a special election held as
6required under sub. (4) reject the question, the school district may not submit
7another application under this paragraph or proceed under par. (a), (am), (bm), or (c),
8to the extent applicable, or under s. 67.05, 67.12, 119.48, 119.49, or 121.91 (3), to the
9extent applicable, for the 730-day period beginning on the date on which the school
10district first submitted the application to the voters as described in this subdivision.
AB481,7,1311
b. For a school district that experiences a natural disaster, including a fire, that
12causes the school district's costs to increase, the prohibitions in this subdivision do
13not apply in the 6-month period immediately following the natural disaster.
AB481,8
14Section
8. 24.66 (3) (bm) of the statutes is amended to read:
AB481,7,2015
24.66
(3) (bm)
For short-term loans by unified school districts. Every
16application for a loan, the required repayment of which is 10 years or less, shall be
17approved and authorized for a unified school district under par. (b) or (c), to the extent
18applicable.
If a majority of the legal voters of the school district who vote on an
19application under this paragraph reject the application, the school district shall be
20subject to the prohibitions under par. (b) 2. or (c) 4.
AB481,9
21Section
9. 24.66 (3) (c) 1. of the statutes is amended to read:
AB481,8,222
24.66
(3) (c) 1. If the procedure in par. (a) or (b) is not used for the approval of
23a school district loan, the required repayment of which is 10 years or less, the
24governing body of the school district, before any certificate of indebtedness is issued,
25shall
, subject to the prohibitions under subd. 4., adopt and record a resolution
1specifying the purposes and the maximum amount of the certificate of indebtedness
2issued.
AB481,9,125
24.66
(3) (c) 2. Unless the purpose and amount of the borrowing have been
6approved by the electors under s. 67.05 (6a) or considered approved by the electors
7under s. 67.05 (7) (d) 3., the purpose is to refund any outstanding obligation, the
8purpose is to pay unfunded prior service liability contributions under the Wisconsin
9Retirement System if all of the proceeds of the note will be used for that purpose, or
10the borrowing would not be subject to a referendum as a bond issue under s. 67.05
11(7) (cc), (er), (h), or (i), or s. 67.12 (12) (e) 2g., (f), or (h) applies,
and provided the school
12board is not prohibited from adopting a resolution by subd. 4., the school district clerk
13shall, within 10 days after a governing body of a school district adopts a resolution
14as described
above in subd. 1. to issue a certificate of indebtedness, publish notice of
15such adoption as a class 1 notice, under ch. 985. Alternatively, the notice may be
16posted as provided under s. 10.05. The notice need not set forth the full contents of
17the resolution, but shall state the maximum amount proposed to be borrowed, the
18purpose thereof, that the resolution was adopted under this subsection, and the place
19where, and the hours during which, the resolution may be inspected. If, within 30
20days after publication or posting, a petition conforming to the requirements of s. 8.40
21is filed with the school district clerk for a referendum on the resolution signed by at
22least 7,500 electors of the district or at least 20 percent of the number of district
23electors voting for governor at the last general election, as determined under s.
24115.01 (13), whichever is the lesser, then the resolution shall not be effective unless
25adopted by a majority of the district electors voting at the referendum. The
1referendum shall be called in the manner provided under s. 67.05 (6a), except that
2the question which appears on the ballot shall be "Shall .... (name of district) borrow
3the sum of $.... for (state purpose) by issuing its general obligation promissory note
4(or notes) under section 24.66 (3) of the Wisconsin Statutes?". If a governing body
5of a school district adopts a resolution to borrow a sum of money under this
6subsection and a sufficient petition for referendum is not filed within the time
7permitted, then the power of the governing body of a school district to borrow the sum
8and expend the sum for the purpose stated shall be deemed approved by the school
9district electors upon the expiration of the time for filing the petition.
If a majority
10of the school district electors who vote on a referendum held under this subdivision
11reject the resolution, the governing body shall be subject to the prohibitions in subd.
124.
AB481,11
13Section
11. 24.66 (3) (c) 3. of the statutes is amended to read:
AB481,9,1814
24.66
(3) (c) 3. If the governing body of a school district adopts a resolution to
15borrow a sum of money under this subsection, and if
subd. subds. 2.
does and 4. do 16not apply, the governing body of a school district has the power to borrow and spend
17the sum for the purpose stated without the approval of the electors of the school
18district.
AB481,12
19Section
12. 24.66 (3) (c) 4. of the statutes is created to read:
AB481,9,2520
24.66
(3) (c) 4. a. Except as provided in subd. 4. b., if the governing body of the
21school district adopts a resolution as provided in subd. 1., submits the resolution to
22the school district electors for approval as provided in subd. 2., and a majority of the
23electors who vote on the referendum reject the resolution, the governing body may
24not adopt another resolution under this paragraph or proceed under par. (a), (am),
25(b), or (bm) to the extent those paragraphs are applicable to the school district or
1under s. 67.05, 67.12, 119.48, 119.49, or 121.91 (3), to the extent those sections are
2applicable to the school district, for the 730-day period beginning on the date on
3which the district board adopted the resolution rejected as described in this
4subdivision.
AB481,10,75
b. For a school district that experiences a natural disaster, including a fire, that
6causes the school district's costs to increase, the prohibitions in this subdivision do
7not apply in the 6-month period immediately following the natural disaster.
AB481,13
8Section
13. 67.05 (2m) of the statutes is created to read:
AB481,10,219
67.05
(2m) Use of referendum procedure by a school district; when
10prohibited. (a)
Permissive referendum prohibited. 1. Except as provided in subd.
112., if the governing body of a school district adopts an initial resolution for which a
12referendum is required only upon the petition of a designated number of electors of
13that school district, the designated number of electors of that school district files a
14petition that satisfies the requirements of s. 8.40, and a majority of the electors who
15vote on the referendum reject the resolution, the governing body may neither adopt
16another initial resolution under this section or a resolution under s. 67.12 (8) (a) 2.
17or (12) (e), nor hold a referendum seeking approval to borrow money or issue
18municipal obligations, nor proceed under s. 24.66 (3), 119.48, 119.49, or 121.91 (3),
19to the extent those sections are applicable to the school district, for the 730-day
20period beginning on the date on which the governing body of the school district
21adopted the initial resolution described in this paragraph.
AB481,10,2422
2. For a school district that experiences a natural disaster, including a fire, that
23causes the school district's costs to increase, the prohibitions in this paragraph do not
24apply in the 6-month period immediately following the natural disaster.
AB481,11,10
1(b)
Referendum prohibited. 1. Except as provided in subd. 2., if the governing
2body of a school district adopts an initial resolution for which a referendum is
3required and a majority of the electors who vote on the referendum reject the
4resolution, the governing body may neither adopt another initial resolution under
5this section or a resolution under s. 67.12 (8) (a) 2. or (12) (e), nor hold a referendum
6seeking approval to borrow money or issue municipal obligations, nor proceed under
7s. 24.66 (3), 119.48, 119.49, or 121.91 (3), to the extent those sections are applicable
8to the school district, for the 730-day period beginning on the date on which the
9governing body of the school district adopted the initial resolution described in this
10paragraph.
AB481,11,1311
2. For a school district that experiences a natural disaster, including a fire, that
12causes the school district's costs to increase, the prohibitions in this paragraph do not
13apply in the 6-month period immediately following the natural disaster.
AB481,14
14Section
14. 67.05 (3) (intro.) of the statutes is amended to read:
AB481,11,1715
67.05
(3) Referendum procedure. (intro.)
Whenever Unless the prohibitions
16under sub. (2m) apply, a referendum
is held under this section
, shall be subject to the
17following procedures
shall be used:
AB481,15
18Section
15. 67.05 (6) of the statutes is amended to read:
AB481,12,819
67.05
(6) Referendum in other cases.
Whenever an initial resolution has been
20adopted by Unless prohibited from adopting an initial resolution by sub. (2m),
21whenever the governing body of any municipality other than a county, a town, a city,
22a village, a technical college district, a metropolitan sewerage district created under
23ss. 200.01 to 200.15 or 200.21 to 200.65, a town sanitary district, a public inland lake
24protection and rehabilitation district, or a board of park commissioners
adopts an
25initial resolution, the clerk of such municipality shall immediately record the
1resolution and call a special meeting for the purpose of submitting it to the electors
2of the municipality for ratification or rejection. The calling and conduct of the
3meeting shall be governed by those statutes, so far as applicable, which govern the
4calling and conduct of special meetings in general. The notice of the meeting, which
5shall be publicly read before the balloting shall commence, and the ballot used, shall
6embody a copy of the resolution; the form of the ballot shall correspond with the form
7prescribed by the government accountability board under ss. 5.64 (2) and 7.08 (1) (a);
8and the question submitted shall be whether the resolution shall be approved.
AB481,16
9Section
16. 67.05 (6a) (a) 2. (intro.) of the statutes is amended to read:
AB481,12,1910
67.05
(6a) (a) 2. (intro.) Except as provided under pars. (b) and (c) and subs.
11(7) and (15),
and provided the school board is not prohibited from adopting an initial
12resolution by sub. (2m), if the board of any school district, or the electors at a
13regularly called school district meeting, by a majority vote adopt an initial resolution
14to raise an amount of money by a bond issue, the school district clerk shall, within
1510 days, publish notice of such adoption as a class 1 notice under ch. 985 or post the
16notice as provided under s. 10.05. The notice shall state the maximum amount
17proposed to be borrowed, the purpose of the borrowing, that the resolution was
18adopted under this subdivision and the place where and the hours during which the
19resolution may be inspected. The school board shall also do one of the following:
AB481,13,422
67.05
(6a) (a) 2. a. Direct the school district clerk to call a special election for
23the purpose of submitting the resolution to the electors for approval or rejection, or
24direct that the resolution be submitted at the next regularly scheduled primary or
25election to be held not earlier than 70 days after the adoption of the resolution. The
1resolution shall not be effective unless adopted by a majority of the school district
2electors voting at the referendum.
If a majority of the school district electors who vote
3on the referendum reject the resolution, the prohibitions under sub. (2m) shall apply
4to the school board.
AB481,18
5Section
18. 67.05 (6a) (a) 2. b. of the statutes is amended to read:
AB481,13,116
67.05
(6a) (a) 2. b. Specify in the initial resolution the date, time
, and place for
7a public hearing on the resolution, which shall be within 10 days after the publication
8of the notice under subd. 2. (intro.), and whether the public hearing is for
9informational purposes only or whether electors present at the public hearing will
10be given an opportunity to vote on whether a referendum shall be held on the initial
11resolution.
AB481,19
12Section
19. 67.05 (6a) (am) 1. of the statutes is amended to read:
AB481,13,2213
67.05
(6a) (am) 1. If the public hearing under par. (a) 2. b. is for informational
14purposes only and, within 30 days after the public hearing, a petition is filed with the
15school district clerk for a referendum on the resolution signed by at least 7,500
16electors of the school district or at least 20% of the school district electors, as
17determined under s. 115.01 (13), whichever is less, the resolution shall not be
18effective unless adopted by a majority of the school district electors voting at the
19referendum. The question submitted shall be whether the initial resolution shall or
20shall not be approved.
If a majority of the school district electors who vote on the
21referendum reject the resolution, the prohibitions under sub. (2m) shall apply to the
22district board.
AB481,20
23Section
20. 67.05 (6a) (b) (intro.) of the statutes is amended to read:
AB481,14,424
67.05
(6a) (b) (intro.) Paragraph (a) 2. applies only if the amount of money to
25be raised by the bond issue will cause the aggregate amount of outstanding
1indebtedness of the school district incurred without a referendum since August 9,
21989, excluding amounts specified in par. (bm), to exceed $1,000,000 or an amount
3determined as follows, whichever is less
, and the school district board is not
4otherwise prohibited from adopting an initial resolution by sub. (2m):
AB481,21
5Section
21. 67.05 (7) (cc) of the statutes is amended to read:
AB481,14,116
67.05
(7) (cc)
An Provided the school board is not prohibited from adopting an
7initial resolution
adopted by
sub. (2m), if the school board of a common school district
8or unified school district
adopts an initial resolution for the purpose of purchasing
9the school property or technical college school property of a city therein which
10formerly operated a city school district
, the initial resolution shall not be submitted
11to a referendum vote.
AB481,14,2014
67.05
(7) (d) 2.
If Provided the school board is not prohibited from adopting an
15initial resolution by sub. (2m), if a school board adopts an initial resolution to raise
16an amount of money by a bond issue, and either sub. (6a) (a) 2. does not apply as a
17result of sub. (6a) (b) or the initial resolution is not subject to a referendum as a result
18of par. (cc), (er), (h), or (i), the school board has the power to borrow and spend the
19amount for the purpose stated without the approval of the electors of the school
20district.
AB481,23
21Section
23. 67.05 (7) (d) 3. and (j) of the statutes are amended to read:
AB481,15,322
67.05
(7) (d) 3.
If Provided the school board is not prohibited from adopting an
23initial resolution by sub. (2m), if a school board adopts an initial resolution to raise
24an amount of money by a bond issue, and either the public hearing under sub. (6a)
25(a) 2. b. is for informational purposes only or sub. (6a) (am) 3. applies, the power of
1the school board to borrow and spend the amount for the purpose stated shall be
2deemed approved by the electors of the school district if a sufficient petition for a
3referendum is not filed within the time permitted under sub. (6a) (am) 1.
AB481,15,104
(j)
An Provided the board is not prohibited from adopting an initial resolution
5adopted by
sub. (2m), if the school board of a school district created by a
6reorganization under s. 117.105, or
adopted by the school board of a school district
7from which territory is detached to create a school district under s. 117.105,
adopts
8an initial resolution for the purpose of financing any assets or liabilities apportioned
9to the school district or assets apportioned to another school district under s. 117.105
10(1m) or (2m),
the initial resolution is not subject to a referendum.
AB481,24
11Section
24. 67.12 (8) (a) 2. of the statutes is amended to read:
AB481,16,212
67.12
(8) (a) 2. In June prior to voting an annual tax for the operation and
13maintenance of the schools for the subsequent school year, and in July and August
14prior to voting an annual tax for the operation and maintenance of the schools for the
15current school year, borrow money as needed to meet the immediate expenses of
16operating and maintaining the public instruction in the school district from July 1
17to the last working day in October. The school board may borrow money under this
18subdivision only upon a recorded resolution adopted by a two-thirds vote of its
19members
and only if the school board is not prohibited from adopting a resolution by
20sub. (12) (ec) or s. 24.66 (3), 67.05 (2m), 119.48 (5), 119.49 (2m), or 121.91 (3), to the
21extent those sections are applicable to the school board. The resolution shall levy an
22irrepealable tax sufficient in amount to pay the principal of the loan and the interest
23thereon as they become due and payable. If the borrowing occurs in June, the loan
24shall be repaid on or before November 1 of the 2nd school year commencing after the
1date of the loan. If the borrowing occurs in July or August, the loan shall be repaid
2on or before November 1 of the school year commencing after the date of the loan.
AB481,25
3Section
25. 67.12 (12) (e) 1., 2g. (intro.), 3. and 4. of the statutes are amended
4to read:
AB481,16,85
67.12
(12) (e) 1. The governing body of
the a municipality
, other than the
6governing body of a school district prohibited from adopting a resolution by par. (ec), 7shall adopt and record a resolution specifying the purposes and the maximum
8amount of the note issued.
AB481,16,149
2g. (intro.) Subdivision 2. applies only if the amount of money to be raised by
10the promissory note will cause the aggregate amount of outstanding indebtedness
11of the school district incurred without a referendum since August 9, 1989, excluding
12amounts specified in s. 67.05 (6a) (bm), to exceed $1,000,000 or an amount
13determined as follows, whichever is less
, and the school district board is not
14otherwise prohibited from adopting a resolution by par. (ec):
AB481,16,2315
3. When a school district board adopts a resolution to borrow a sum in excess
16of $5,000 under this section for a stated purpose and a sufficient petition for
17referendum is not filed within the time permitted under subd. 2., or if such petition
18is filed and the question is approved at referendum, then the power of the board to
19borrow the sum and expend the sum for the purpose stated shall be deemed approved
20by the school district electors upon the expiration of the time for filing the petition
21or accomplishment of the referendum, whichever is applicable.
If a majority of the
22school district electors who vote on the referendum reject the resolution, the
23prohibitions under par. (ec) shall apply to the school board.
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4.
If Provided the school board is not prohibited from adopting a resolution by
25par. (ec), if a school board adopts a resolution to borrow a sum not exceeding $5,000
1under this section, or if a school board adopts a resolution to borrow a sum in excess
2of $5,000 but subd. 2. does not apply, the school board has the power to borrow and
3spend the sum for the purpose stated without the approval of the electors of the
4school district.
AB481,26
5Section
26. 67.12 (12) (ec) of the statutes is created to read:
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67.12
(12) (ec) 1. Except as provided in subd. 2., if the governing body of a school
7district adopts and records a resolution as provided in par. (e) 1., submits the
8resolution to the electors as required or permitted under par. (e), and a majority of
9the electors of the school district who vote on the referendum reject the resolution,
10the governing body may neither adopt another resolution under par. (e) or under sub.
11(8) (a) 2. or an initial resolution under s. 67.05, nor hold a referendum seeking
12approval to issue a promissory note under this subsection, nor proceed under s. 24.66
13(3), 119.48, 119.49, or 121.91 (3), to the extent those sections are applicable to the
14school district, for the 730-day period beginning on the date on which the governing
15body adopted and recorded the resolution rejected under this paragraph.
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2. For a school district that experiences a natural disaster, including a fire, that
17causes the school district's costs to increase, the prohibitions in this paragraph do not
18apply in the 6-month period immediately following the natural disaster.
AB481,27
19Section
27. 119.48 (4) of the statutes is amended to read:
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119.48
(4) (a) If the board deems it necessary to exceed the levy rate specified
21under s. 65.07 (1) (f), it may
, subject to the prohibitions in sub. (5), by a two-thirds
22vote of the members-elect include a communication to the common council as part
23of the budget transmitted to the common council under s. 119.16 (8) (b).
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(b)
The Provided the board is not prohibited from making a communication by
25sub. (5), the communication shall state the purposes for which the funds from the
1increase in the levy rate will be used and shall request the common council to submit
2to the voters of the city the question of exceeding the levy rate specified in s. 65.07
3(1) (f) at the September election or a special election.
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(c) Upon receipt of the communication, the common council shall file the
5communication as provided in s. 8.37 and shall cause the question of exceeding the
6levy rate specified under s. 65.07 (1) (f) to be submitted to the voters of the city at the
7September election or at a special election. The question of exceeding the levy rate
8specified under s. 65.07 (1) (f) shall be submitted so that the vote upon exceeding the
9levy rate specified in s. 65.07 (1) (f) is taken separately from any other question
10submitted to the voters. If a majority of the electors
voting who vote on the question
11favors exceeding the levy rate specified under s. 65.07 (1) (f), the common council
12shall approve the increase in the levy rate and shall levy and collect a tax equal to
13the amount of money approved by the electors.
If a majority of the electors who vote
14on the referendum reject the question, the prohibitions under sub. (5) shall apply to
15the board.
AB481,28
16Section
28. 119.48 (5) of the statutes is created to read:
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119.48
(5) (a) Except as provided in par. (b), if the board by two-thirds vote of
18the members-elect includes as part of the budget transmitted to the common council
19under s. 119.16 (8) (b) the communication described in sub. (4) (b), the common
20council submits to the electors of the city the question described in sub. (4) (c), and
21a majority of the city electors who vote on the referendum reject the question, the
22board may not vote to include a communication described under sub. (4) (a) as part
23of the budget transmitted under s. 119.16 (8) (b), nor request that a referendum be
24held for the purpose of submitting to the electors a resolution to exceed the levy rate
25specified under sub. 65.07 (1) (f), nor proceed under s. 24.66 (3), 67.05, 67.12, 119.49,
1or 121.91 (3), for the 730-day period beginning on the date on which the board voted
2to submit the communication containing the question rejected as described in this
3subsection.
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(b) If the school district experiences a natural disaster, including a fire, that
5causes the school district's costs to increase, the prohibitions in this subsection do not
6apply in the 6-month period immediately following the natural disaster.
AB481,29
7Section
29. 119.49 (1) of the statutes is amended to read:
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119.49
(1) (a) If the board deems it necessary to construct buildings or additions
9to buildings, to remodel buildings
or, to purchase school sites
, or to provide funds for
10any such purpose as a participant in a contract under s. 120.25, it may
, subject to the
11prohibitions in sub. (2m), by a two-thirds vote of the members-elect
, send a
12communication to the common council of the city.