SB355,10,2422 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.
SB355,11,10
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.
SB355,11,1311 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.
SB355,14 14Section 14. 67.05 (3) (intro.) of the statutes is amended to read:
SB355,11,1715 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:
SB355,15 18Section 15. 67.05 (6) of the statutes is amended to read:
SB355,12,819 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.
SB355,16 9Section 16. 67.05 (6a) (a) 2. (intro.) of the statutes is amended to read:
SB355,12,1910 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:
SB355,17 20Section 17. 67.05 (6a) (a) 2. a. of the statutes, as affected by 2015 Wisconsin
21Act 37
, is amended to read:
SB355,13,422 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.
SB355,18 5Section 18. 67.05 (6a) (a) 2. b. of the statutes is amended to read:
SB355,13,116 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.
SB355,19 12Section 19. 67.05 (6a) (am) 1. of the statutes is amended to read:
SB355,13,2213 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.
SB355,20 23Section 20. 67.05 (6a) (b) (intro.) of the statutes is amended to read:
SB355,14,424 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)
:
SB355,21 5Section 21. 67.05 (7) (cc) of the statutes is amended to read:
SB355,14,116 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.
SB355,22 12Section 22. 67.05 (7) (d) 2. of the statutes, as affected by 2015 Wisconsin Act
1355
, is amended to read:
SB355,14,2014 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.
SB355,23 21Section 23. 67.05 (7) (d) 3. and (j) of the statutes are amended to read:
SB355,15,322 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.
SB355,15,104 (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.
SB355,24 11Section 24. 67.12 (8) (a) 2. of the statutes is amended to read:
SB355,16,212 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.
SB355,25 3Section 25. 67.12 (12) (e) 1., 2g. (intro.), 3. and 4. of the statutes are amended
4to read:
SB355,16,85 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.
SB355,16,149 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)
:
SB355,16,2315 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.
SB355,17,424 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.
SB355,26 5Section 26. 67.12 (12) (ec) of the statutes is created to read:
SB355,17,156 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.
SB355,17,1816 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.
SB355,27 19Section 27. 119.48 (4) of the statutes is amended to read:
SB355,17,2320 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).
SB355,18,324 (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.
SB355,18,154 (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.
SB355,28 16Section 28. 119.48 (5) of the statutes is created to read:
SB355,19,317 119.48 (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.
SB355,19,64 (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.
SB355,29 7Section 29. 119.49 (1) of the statutes is amended to read:
SB355,19,128 119.49 (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.
SB355,19,1813 (b) The Provided the board is not prohibited from sending a communication by
14sub. (2m), the
communication shall state the amount of funds needed under par. (a)
15and the purposes for which the funds will be used and shall request the common
16council to submit to the voters of the city at the next election held in the city the
17question of issuing school bonds in the amount and for the purposes stated in the
18communication.
SB355,30 19Section 30. 119.49 (2) of the statutes is amended to read:
SB355,20,620 119.49 (2) Upon receipt of the communication, the common council shall file the
21communication as provided in s. 8.37 and shall cause the question of issuing such
22school bonds in the stated amount and for the stated school purposes to be submitted
23to the voters of the city at the next election held in the city. The question of issuing
24such school bonds shall be submitted so that the vote upon issuing such school bonds
25is taken separately from any other question submitted to the voters. If a majority

1of the electors voting who vote on the school bond question favors issuing such school
2bonds, the common council shall cause the school bonds to be issued immediately or
3within the period permitted by law, in the amount requested by the board and in the
4manner other bonds are issued. If a majority of the electors who vote on the
5referendum reject the question, the prohibitions under sub. (2m) shall apply to the
6board.
SB355,31 7Section 31. 119.49 (2m) of the statutes is created to read:
SB355,20,178 119.49 (2m) (a) Except as provided in par. (b), if the board by two-thirds vote
9of the members-elect send a communication to the common council as permitted in
10sub. (1) (a), the common council submits to the electors of the city the question
11described in sub. (2), and a majority of the city electors who vote on the referendum
12reject the question, the board may not vote to send a communication described under
13sub. (1) (a), nor request that a referendum be held for the purpose of submitting to
14the electors a resolution to issue school bonds, nor proceed under s. 24.66 (3), 67.05,
1567.12, 119.48, or 121.91 (3), for the 730-day period beginning on the date on which
16the board voted to send the communication containing the question rejected as
17described in this subsection.
SB355,20,2018 (b) If the school district experiences a natural disaster, including a fire, that
19causes the school district's costs to increase, the prohibitions in this subsection do not
20apply in the 6-month period immediately following the natural disaster.
SB355,32 21Section 32. 121.91 (3) (a) of the statutes is renumbered 121.91 (3) (a) 1. a. and
22amended to read:
SB355,21,1723 121.91 (3) (a) 1. a. If Provided the school board is not prohibited from adopting
24a resolution by subd. 2., if
a school board wishes to exceed the limit under sub. (2m)
25otherwise applicable to the school district in any school year, it shall promptly adopt

1a resolution supporting inclusion in the final school district budget of an amount
2equal to the proposed excess revenue. The resolution shall specify whether the
3proposed excess revenue is for a recurring or nonrecurring purpose, or, if the
4proposed excess revenue is for both recurring and nonrecurring purposes, the
5amount of the proposed excess revenue for each purpose. The resolution shall be filed
6as provided in s. 8.37. Within 10 days after adopting the resolution, the school board
7shall notify the department of the scheduled date of the that it will schedule a
8referendum for the purpose of submitting the resolution to the electors of the school
9district for approval or rejection
and shall submit a copy of the resolution to the
10department. The Except as provided in subd. 1. b., the school board shall call a
11special referendum for the purpose of submitting the resolution to the electors of the
12school district for approval or rejection. In lieu of a special referendum, the school
13board may specify that
the referendum to be held at the next succeeding spring
14primary or election or partisan primary or general election, if such election is to be
15held not sooner than 70 days after the filing of the resolution of the school board. The
16school district clerk shall certify the results of the referendum to the department
17within 10 days after the referendum is held.
SB355,33 18Section 33. 121.91 (3) (a) 1. b. of the statutes is created to read:
SB355,22,219 121.91 (3) (a) 1. b. In any school year in which a school district experiences a
20natural disaster, including a fire, if the school board wishes to exceed the limit under
21sub. (2m) otherwise applicable to the school district in that school year, the school
22board may call a special referendum for the purpose of submitting the resolution to
23the electors, provided the special election is to be held not sooner than 70 days after
24the filing of the resolution of the school board. The school board shall comply with
25the procedures under subd. 1. a. for adopting and filing the resolution, notifying the

1department that it will schedule a referendum, and submitting to the department a
2copy of the resolution.
SB355,34 3Section 34. 121.91 (3) (a) 2. of the statutes is created to read:
SB355,22,134 121.91 (3) (a) 2. a. Except as provided in subd. 2. b., if the school board adopts
5and files a resolution and submits the resolution to the electors of the school district
6for approval or rejection as provided in subd. 1. and a majority of the electors who vote
7on the referendum reject the resolution, the school board may neither adopt another
8resolution under this paragraph, nor specify that a referendum be held for the
9purpose of submitting a resolution to exceed the limit otherwise applicable to the
10school district under sub. (2m), nor proceed under s. 24.66 (3), 67.05, 67.12, 119.48,
11or 119.49 to the extent those sections are applicable to the school district, for the
12730-day period beginning on the date on which the school board adopted the
13resolution rejected as described in this subdivision.
SB355,22,1614 b. For a school district that experiences a natural disaster, including a fire, that
15causes the school district's costs to increase, the prohibitions in this subdivision do
16not apply in the 6-month period immediately following the natural disaster.
SB355,35 17Section 35. 121.91 (3) (c) of the statutes is amended to read:
SB355,23,518 121.91 (3) (c) The A referendum under this subsection shall be held in
19accordance with chs. 5 to 12. The school district clerk shall provide the election
20officials with all necessary election supplies. The form of the ballot shall correspond
21substantially with the standard form for referendum ballots prescribed by the
22government accountability board under ss. 5.64 (2) and 7.08 (1) (a). The question
23submitted shall be whether the limit under sub. (2m) may be exceeded by a specified
24amount. If the resolution provides that any of the excess revenue will be used for a
25nonrecurring purpose, the ballot in the election shall so state and shall specify the

1amount that will be used for a nonrecurring purpose. The limit otherwise applicable
2to the school district under sub. (2m) is increased by the amount approved by a
3majority of those voting on the question. If a majority of the electors who vote on the
4referendum reject the resolution, the prohibitions under par. (a) 2. shall apply to the
5school board.
SB355,36 6Section 36. Initial applicability.
SB355,23,87 (1) This act first applies to a referendum called or ordered or held or scheduled
8after November 1, 2016.
SB355,23,99 (End)
Loading...
Loading...