SB355: Bill Text

SB355,14 Section 14. 67.05 (3) (intro.) of the statutes is amended to read:

SB355,11,17 67.05 (3) Referendum procedure. (intro.) Whenever Unless the prohibitions under sub. (2m) apply, a referendum is held under this section, shall be subject to the following procedures shall be used:

SB355,15 Section 15. 67.05 (6) of the statutes is amended to read:

SB355,12,8 67.05 (6) Referendum in other cases. Whenever an initial resolution has been adopted by Unless prohibited from adopting an initial resolution by sub. (2m), whenever the governing body of any municipality other than a county, a town, a city, a village, a technical college district, a metropolitan sewerage district created under ss. 200.01 to 200.15 or 200.21 to 200.65, a town sanitary district, a public inland lake protection and rehabilitation district, or a board of park commissioners adopts an initial resolution, the clerk of such municipality shall immediately record the resolution and call a special meeting for the purpose of submitting it to the electors of the municipality for ratification or rejection. The calling and conduct of the meeting shall be governed by those statutes, so far as applicable, which govern the calling and conduct of special meetings in general. The notice of the meeting, which shall be publicly read before the balloting shall commence, and the ballot used, shall embody a copy of the resolution; the form of the ballot shall correspond with the form prescribed by the government accountability board under ss. 5.64 (2) and 7.08 (1) (a); and the question submitted shall be whether the resolution shall be approved.

SB355,16 Section 16. 67.05 (6a) (a) 2. (intro.) of the statutes is amended to read:

SB355,12,19 67.05 (6a) (a) 2. (intro.) Except as provided under pars. (b) and (c) and subs. (7) and (15), and provided the school board is not prohibited from adopting an initial resolution by sub. (2m), if the board of any school district, or the electors at a regularly called school district meeting, by a majority vote adopt an initial resolution to raise an amount of money by a bond issue, the school district clerk shall, within 10 days, publish notice of such adoption as a class 1 notice under ch. 985 or post the notice as provided under s. 10.05. The notice shall state the maximum amount proposed to be borrowed, the purpose of the borrowing, that the resolution was adopted under this subdivision and the place where and the hours during which the resolution may be inspected. The school board shall also do one of the following:

SB355,17 Section 17. 67.05 (6a) (a) 2. a. of the statutes, as affected by 2015 Wisconsin Act 37, is amended to read:

SB355,13,4 67.05 (6a) (a) 2. a. Direct the school district clerk to call a special election 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 to be held not earlier than 70 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. If a majority of the school district electors who vote on the referendum reject the resolution, the prohibitions under sub. (2m) shall apply to the school board.

SB355,18 Section 18. 67.05 (6a) (a) 2. b. of the statutes is amended to read:

SB355,13,11 67.05 (6a) (a) 2. b. Specify in the initial resolution the date, time, and place for a public hearing on the resolution, which shall be within 10 days after the publication of the notice under subd. 2. (intro.), and whether the public hearing is for informational purposes only or whether electors present at the public hearing will be given an opportunity to vote on whether a referendum shall be held on the initial resolution.

SB355,19 Section 19. 67.05 (6a) (am) 1. of the statutes is amended to read:

SB355,13,22 67.05 (6a) (am) 1. If the public hearing under par. (a) 2. b. is for informational purposes only and, within 30 days after the public hearing, a petition is filed with the school district clerk for a referendum on the resolution signed by at least 7,500 electors of the school district or at least 20% of the school district electors, as determined under s. 115.01 (13), whichever is less, the resolution shall not be effective unless adopted by a majority of the school district electors voting at the referendum. The question submitted shall be whether the initial resolution shall or shall not be approved. If a majority of the school district electors who vote on the referendum reject the resolution, the prohibitions under sub. (2m) shall apply to the district board.

SB355,20 Section 20. 67.05 (6a) (b) (intro.) of the statutes is amended to read:

SB355,14,4 67.05 (6a) (b) (intro.) Paragraph (a) 2. applies only if the amount of money to be raised by the bond issue will cause the aggregate amount of outstanding indebtedness of the school district incurred without a referendum since August 9, 1989, excluding amounts specified in par. (bm), to exceed $1,000,000 or an amount determined as follows, whichever is less, and the school district board is not otherwise prohibited from adopting an initial resolution by sub. (2m):

SB355,21 Section 21. 67.05 (7) (cc) of the statutes is amended to read:

SB355,14,11 67.05 (7) (cc) An Provided the school board is not prohibited from adopting an initial resolution adopted by sub. (2m), if the school board of a common school district or unified school district adopts an initial resolution for the purpose of purchasing the school property or technical college school property of a city therein which formerly operated a city school district, the initial resolution shall not be submitted to a referendum vote.

SB355,22 Section 22. 67.05 (7) (d) 2. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB355,14,20 67.05 (7) (d) 2. If Provided the school board is not prohibited from adopting an initial resolution by sub. (2m), if a school board adopts an initial resolution to raise an amount of money by a bond issue, and either sub. (6a) (a) 2. does not apply as a result of sub. (6a) (b) or the initial resolution is not subject to a referendum as a result of par. (cc), (er), (h), or (i), the school board has the power to borrow and spend the amount for the purpose stated without the approval of the electors of the school district.

SB355,23 Section 23. 67.05 (7) (d) 3. and (j) of the statutes are amended to read:

SB355,15,3 67.05 (7) (d) 3. If Provided the school board is not prohibited from adopting an initial resolution by sub. (2m), if a school board adopts an initial resolution to raise an amount of money by a bond issue, and either the public hearing under sub. (6a) (a) 2. b. is for informational purposes only or sub. (6a) (am) 3. applies, the power of the school board to borrow and spend the amount for the purpose stated shall be deemed approved by the electors of the school district if a sufficient petition for a referendum is not filed within the time permitted under sub. (6a) (am) 1.

SB355,15,10 (j) An Provided the board is not prohibited from adopting an initial resolution adopted by sub. (2m), if the school board of a school district created by a reorganization under s. 117.105, or adopted by the school board of a school district from which territory is detached to create a school district under s. 117.105, adopts an initial resolution for the purpose of financing any assets or liabilities apportioned to the school district or assets apportioned to another school district under s. 117.105 (1m) or (2m), the initial resolution is not subject to a referendum.

SB355,24 Section 24. 67.12 (8) (a) 2. of the statutes is amended to read:

SB355,16,2 67.12 (8) (a) 2. In June prior to voting an annual tax for the operation and maintenance of the schools for the subsequent school year, and in July and August prior to voting an annual tax for the operation and maintenance of the schools for the current school year, borrow money as needed to meet the immediate expenses of operating and maintaining the public instruction in the school district from July 1 to the last working day in October. The school board may borrow money under this subdivision only upon a recorded resolution adopted by a two-thirds vote of its members and only if the school board is not prohibited from adopting a resolution by sub. (12) (ec) or s. 24.66 (3), 67.05 (2m), 119.48 (5), 119.49 (2m), or 121.91 (3), to the extent those sections are applicable to the school board. The resolution shall levy an irrepealable tax sufficient in amount to pay the principal of the loan and the interest thereon as they become due and payable. If the borrowing occurs in June, the loan shall be repaid on or before November 1 of the 2nd school year commencing after the date of the loan. If the borrowing occurs in July or August, the loan shall be repaid on or before November 1 of the school year commencing after the date of the loan.

SB355,25 Section 25. 67.12 (12) (e) 1., 2g. (intro.), 3. and 4. of the statutes are amended to read:

SB355,16,8 67.12 (12) (e) 1. The governing body of the a municipality, other than the governing body of a school district prohibited from adopting a resolution by par. (ec), shall adopt and record a resolution specifying the purposes and the maximum amount of the note issued.

SB355,16,14 2g. (intro.) Subdivision 2. applies only if the amount of money to be raised by the promissory note will cause the aggregate amount of outstanding indebtedness of the school district incurred without a referendum since August 9, 1989, excluding amounts specified in s. 67.05 (6a) (bm), to exceed $1,000,000 or an amount determined as follows, whichever is less, and the school district board is not otherwise prohibited from adopting a resolution by par. (ec):

SB355,16,23 3. When a school district board adopts a resolution to borrow a sum in excess of $5,000 under this section for a stated purpose and a sufficient petition for referendum is not filed within the time permitted under subd. 2., or if such petition is filed and the question is approved at referendum, then the power of the board to borrow the sum and expend the sum for the purpose stated shall be deemed approved by the school district electors upon the expiration of the time for filing the petition or accomplishment of the referendum, whichever is applicable. If a majority of the school district electors who vote on the referendum reject the resolution, the prohibitions under par. (ec) shall apply to the school board.

SB355,17,4 4. If Provided the school board is not prohibited from adopting a resolution by par. (ec), if a school board adopts a resolution to borrow a sum not exceeding $5,000 under this section, or if a school board adopts a resolution to borrow a sum in excess of $5,000 but subd. 2. does not apply, the school board has the power to borrow and spend the sum for the purpose stated without the approval of the electors of the school district.

SB355,26 Section 26. 67.12 (12) (ec) of the statutes is created to read:

SB355,17,15 67.12 (12) (ec) 1. Except as provided in subd. 2., if the governing body of a school district adopts and records a resolution as provided in par. (e) 1., submits the resolution to the electors as required or permitted under par. (e), and a majority of the electors of the school district who vote on the referendum reject the resolution, the governing body may neither adopt another resolution under par. (e) or under sub. (8) (a) 2. or an initial resolution under s. 67.05, nor hold a referendum seeking approval to issue a promissory note under this subsection, nor proceed under s. 24.66 (3), 119.48, 119.49, or 121.91 (3), to the extent those sections are applicable to the school district, for the 730-day period beginning on the date on which the governing body adopted and recorded the resolution rejected under this paragraph.

SB355,17,18 2. For a school district that experiences a natural disaster, including a fire, that causes the school district's costs to increase, the prohibitions in this paragraph do not apply in the 6-month period immediately following the natural disaster.

SB355,27 Section 27. 119.48 (4) of the statutes is amended to read:

SB355,17,23 119.48 (4) (a) If the board deems it necessary to exceed the levy rate specified under s. 65.07 (1) (f), it may, subject to the prohibitions in sub. (5), by a two-thirds vote of the members-elect include a communication to the common council as part of the budget transmitted to the common council under s. 119.16 (8) (b).

SB355,18,3 (b) The Provided the board is not prohibited from making a communication by sub. (5), 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 election.

SB355,18,15 (c) Upon receipt of the communication, the common council shall file the communication as provided in s. 8.37 and 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 election. The question of exceeding the levy rate specified under s. 65.07 (1) (f) shall be submitted 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 who vote 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. If a majority of the electors who vote on the referendum reject the question, the prohibitions under sub. (5) shall apply to the board.

SB355,28 Section 28. 119.48 (5) of the statutes is created to read:

SB355,19,3 119.48 (5) (a) Except as provided in par. (b), if the board by two-thirds vote of the members-elect includes as part of the budget transmitted to the common council under s. 119.16 (8) (b) the communication described in sub. (4) (b), the common council submits to the electors of the city the question described in sub. (4) (c), and a majority of the city electors who vote on the referendum reject the question, the board may not vote to include a communication described under sub. (4) (a) as part of the budget transmitted under s. 119.16 (8) (b), nor request that a referendum be held for the purpose of submitting to the electors a resolution to exceed the levy rate specified under sub. 65.07 (1) (f), nor proceed under s. 24.66 (3), 67.05, 67.12, 119.49, or 121.91 (3), for the 730-day period beginning on the date on which the board voted to submit the communication containing the question rejected as described in this subsection.

SB355,19,6 (b) If the school district experiences a natural disaster, including a fire, that causes the school district's costs to increase, the prohibitions in this subsection do not apply in the 6-month period immediately following the natural disaster.

SB355,29 Section 29. 119.49 (1) of the statutes is amended to read:

SB355,19,12 119.49 (1) (a) If the board deems it necessary to construct buildings or additions to buildings, to remodel buildings or, to purchase school sites, or to provide funds for any such purpose as a participant in a contract under s. 120.25, it may, subject to the prohibitions in sub. (2m), by a two-thirds vote of the members-elect , send a communication to the common council of the city.

SB355,19,18 (b) The Provided the board is not prohibited from sending a communication by sub. (2m), the communication shall state the amount of funds needed under par. (a) and the purposes for which the funds will be used and shall request the common council to submit to the voters of the city at the next election held in the city the question of issuing school bonds in the amount and for the purposes stated in the communication.

SB355,30 Section 30. 119.49 (2) of the statutes is amended to read:

SB355,20,6 119.49 (2) Upon receipt of the communication, the common council shall file the communication as provided in s. 8.37 and shall cause the question of issuing such school bonds in the stated amount and for the stated school purposes to be submitted to the voters of the city at the next election held in the city. The question of issuing such school bonds shall be submitted so that the vote upon issuing such school bonds is taken separately from any other question submitted to the voters. If a majority of the electors voting who vote on the school bond question favors issuing such school bonds, the common council shall cause the school bonds to be issued immediately or within the period permitted by law, in the amount requested by the board and in the manner other bonds are issued. If a majority of the electors who vote on the referendum reject the question, the prohibitions under sub. (2m) shall apply to the board.

SB355,31 Section 31. 119.49 (2m) of the statutes is created to read:

SB355,20,17 119.49 (2m) (a) Except as provided in par. (b), if the board by two-thirds vote of the members-elect send a communication to the common council as permitted in sub. (1) (a), the common council submits to the electors of the city the question described in sub. (2), and a majority of the city electors who vote on the referendum reject the question, the board may not vote to send a communication described under sub. (1) (a), nor request that a referendum be held for the purpose of submitting to the electors a resolution to issue school bonds, nor proceed under s. 24.66 (3), 67.05, 67.12, 119.48, or 121.91 (3), for the 730-day period beginning on the date on which the board voted to send the communication containing the question rejected as described in this subsection.

SB355,20,20 (b) If the school district experiences a natural disaster, including a fire, that causes the school district's costs to increase, the prohibitions in this subsection do not apply in the 6-month period immediately following the natural disaster.

SB355,32 Section 32. 121.91 (3) (a) of the statutes is renumbered 121.91 (3) (a) 1. a. and amended to read:

SB355,21,17 121.91 (3) (a) 1. a. If Provided the school board is not prohibited from adopting a resolution by subd. 2., if a school board wishes to exceed the limit under sub. (2m) otherwise applicable to the school district in any school year, it shall promptly adopt a resolution supporting inclusion in the final school district budget of an amount equal to the proposed excess revenue. The resolution shall specify whether the proposed excess revenue is for a recurring or nonrecurring purpose, or, if the proposed excess revenue is for both recurring and nonrecurring purposes, the amount of the proposed excess revenue for each purpose. The resolution shall be filed as provided in s. 8.37. Within 10 days after adopting the resolution, the school board shall notify the department of the scheduled date of the that it will schedule a referendum for the purpose of submitting the resolution to the electors of the school district for approval or rejection and shall submit a copy of the resolution to the department. The Except as provided in subd. 1. b., the school board shall call a special referendum for the purpose of submitting the resolution to the electors of the school district for approval or rejection. In lieu of a special referendum, the school board may specify that the referendum to be held at the next succeeding spring primary or election or partisan primary or general election, if such election is to be held not sooner than 70 days after the filing of the resolution of the school board. The school district clerk shall certify the results of the referendum to the department within 10 days after the referendum is held.

SB355,33 Section 33. 121.91 (3) (a) 1. b. of the statutes is created to read:

SB355,22,2 121.91 (3) (a) 1. b. In any school year in which a school district experiences a natural disaster, including a fire, if the school board wishes to exceed the limit under sub. (2m) otherwise applicable to the school district in that school year, the school board may call a special referendum for the purpose of submitting the resolution to the electors, provided the special election is to be held not sooner than 70 days after the filing of the resolution of the school board. The school board shall comply with the procedures under subd. 1. a. for adopting and filing the resolution, notifying the department that it will schedule a referendum, and submitting to the department a copy of the resolution.

SB355,34 Section 34. 121.91 (3) (a) 2. of the statutes is created to read:

SB355,22,13 121.91 (3) (a) 2. a. Except as provided in subd. 2. b., if the school board adopts and files a resolution and submits the resolution to the electors of the school district for approval or rejection as provided in subd. 1. and a majority of the electors who vote on the referendum reject the resolution, the school board may neither adopt another resolution under this paragraph, nor specify that a referendum be held for the purpose of submitting a resolution to exceed the limit otherwise applicable to the school district under sub. (2m), nor proceed under s. 24.66 (3), 67.05, 67.12, 119.48, or 119.49 to the extent those sections are applicable to the school district, for the 730-day period beginning on the date on which the school board adopted the resolution rejected as described in this subdivision.

SB355,22,16 b. For a school district that experiences a natural disaster, including a fire, that causes the school district's costs to increase, the prohibitions in this subdivision do not apply in the 6-month period immediately following the natural disaster.

SB355,35 Section 35. 121.91 (3) (c) of the statutes is amended to read:

SB355,23,5 121.91 (3) (c) The A referendum under this subsection shall be held in accordance with chs. 5 to 12. The school district clerk shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the government accountability board under ss. 5.64 (2) and 7.08 (1) (a). The question submitted shall be whether the limit under sub. (2m) may be exceeded by a specified amount. If the resolution provides that any of the excess revenue will be used for a nonrecurring purpose, the ballot in the election shall so state and shall specify the amount that will be used for a nonrecurring purpose. The limit otherwise applicable to the school district under sub. (2m) is increased by the amount approved by a majority of those voting on the question. If a majority of the electors who vote on the referendum reject the resolution, the prohibitions under par. (a) 2. shall apply to the school board.

SB355,36 Section 36. Initial applicability.

SB355,23,8 (1) This act first applies to a referendum called or ordered or held or scheduled after November 1, 2016.

SB355,23,9 (End)