February 24, 2025 - Introduced by Representatives Duchow, Dittrich, Allen, Behnke, Brill, Donovan, Goeben, Green, B. Jacobson, Knodl, Kreibich, Maxey, Murphy, Neylon, O'Connor, Wichgers, Zimmerman and Nedweski, cosponsored by Senators Kapenga, Nass and Tomczyk. Referred to Committee on Education.
***AUTHORS SUBJECT TO CHANGE***
AB71,1,2
1An Act to amend 121.91 (3) (a) 1., 121.91 (3) (c) and 121.91 (7) of the statutes; 2relating to: school district operating referenda. Analysis by the Legislative Reference Bureau
This bill eliminates recurring operating referenda and limits a nonrecurring operating referendum to no more than four years.
Current law generally limits the total amount of revenue a school district may receive from general school aids and property taxes in a school year. However, there are several exceptions to the revenue limit. One exception is for excess revenue approved by referendum for recurring and nonrecurring purposes. This type of referendum is often referred to as an operating referendum. If the operating referendum is for a nonrecurring purpose, a school district’s authority to raise excess revenue is approved only for specific school years. If the operating referendum is for a recurring purpose, the school district’s authority to raise excess revenue is permanent. Under the bill, an operating referendum to exceed a school district’s revenue limit may be only for nonrecurring purposes and the referendum may not apply to more than four years.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB71,1
1Section 1. 121.91 (3) (a) 1. of the statutes is amended to read: AB71,2,222121.91 (3) (a) 1. If a school board wishes to exceed the limit under sub. (2m) 3otherwise applicable to the school district in any school year for a nonrecurring 4purpose, it shall promptly adopt a resolution supporting inclusion in the final 5school district budget of an amount equal to the proposed excess revenue. The 6resolution shall specify whether that the proposed excess revenue is for a recurring 7or nonrecurring purpose, or, if the proposed excess revenue is for both recurring and 8nonrecurring purposes, the amount of the proposed excess revenue for each purpose 9for which the proposed excess revenue will be used, and the number of school years 10to which the resolution applies. A school board may not adopt a resolution under 11this subdivision that applies to more than 4 school years. The resolution shall be 12filed as provided in s. 8.37. Within 10 days after adopting the resolution, the school 13board shall notify the department that it will schedule a referendum for the 14purpose of submitting the resolution to the electors of the school district for 15approval or rejection and shall submit a copy of the resolution to the department. 16Except as provided in subd. 2., the school board shall schedule the referendum to be 17held at the next regularly scheduled spring primary or election or partisan primary 18or general election, provided such election is to be held not sooner than 70 days after 19the filing of the resolution of the school board. A school board may proceed under 20this subdivision and under s. 67.05 (6a) (a) 2. a. no more than 2 times in any 21calendar year. The school district clerk shall certify the results of the referendum to 22the department within 10 days after the referendum is held. AB71,223Section 2. 121.91 (3) (c) of the statutes is amended to read: AB71,3,11
1121.91 (3) (c) A referendum under this subsection shall be held in accordance 2with chs. 5 to 12. The school district clerk shall provide the election officials with 3all necessary election supplies. The form of the ballot shall correspond 4substantially with the standard form for referendum ballots prescribed by the 5elections commission under ss. 5.64 (2) and 7.08 (1) (a). The question submitted 6shall be whether the limit under sub. (2m) may be exceeded by a specified amount. 7If the resolution provides that any of the excess revenue will be used for a 8nonrecurring purpose, the ballot in the election and shall so state that it and shall 9specify the amount that will be used for a nonrecurring purpose. The limit 10otherwise applicable to the school district under sub. (2m) is increased by the 11amount approved by a majority of those voting on the question. AB71,312Section 3. 121.91 (7) of the statutes is amended to read: AB71,3,1913121.91 (7) Except as provided in subs. (4) (f) 2. and (n) to (qe) and (8), if an 14excess revenue is approved under sub. (3) for a recurring purpose or allowed under 15sub. (4), the excess revenue shall be included in the base for determining the limit 16for the next school year for purposes of this section. If an excess revenue is approved 17under sub. (3) for a nonrecurring purpose, the excess revenue shall not be included 18in the base for determining the limit for the next school year for purposes of this 19section. AB71,420Section 4. Initial applicability. AB71,3,2221(1) This act first applies to a resolution under s. 121.91 (3) (a) adopted on the 22effective date of this subsection.
