Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB71 Compare Versions

Only one version of the bill is available at this time.

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1	1	2025 - 2026 LEGISLATURE
2	2	LRB-0526/1
3	3	FFK:cdc
4	4	2025 ASSEMBLY BILL 71
5	5	February 24, 2025 - Introduced by Representatives DUCHOW, DITTRICH, ALLEN,
6	6	BEHNKE, BRILL, DONOVAN, GOEBEN, GREEN, B. JACOBSON, KNODL, KREIBICH,
7	7	MAXEY, MURPHY, NEYLON, O'CONNOR, WICHGERS, ZIMMERMAN and
8	8	NEDWESKI, cosponsored by Senators KAPENGA, NASS and TOMCZYK. Referred
9	9	to Committee on Education.
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11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to amend 121.91 (3) (a) 1., 121.91 (3) (c) and 121.91 (7) of the statutes;
13	13	relating to: school district operating referenda.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill eliminates recurring operating referenda and limits a nonrecurring
16	16	operating referendum to no more than four years.
17	17	Current law generally limits the total amount of revenue a school district may
18	18	receive from general school aids and property taxes in a school year. However, there
19	19	are several exceptions to the revenue limit. One exception is for excess revenue
20	20	approved by referendum for recurring and nonrecurring purposes. This type of
21	21	referendum is often referred to as an operating referendum. If the operating
22	22	referendum is for a nonrecurring purpose, a school district[s authority to raise
23	23	excess revenue is approved only for specific school years. If the operating
24	24	referendum is for a recurring purpose, the school district[s authority to raise excess
25	25	revenue is permanent. Under the bill, an operating referendum to exceed a school
26	26	district[s revenue limit may be only for nonrecurring purposes and the referendum
27	27	may not apply to more than four years.
28	28	The people of the state of Wisconsin, represented in senate and assembly, do
29	29	enact as follows:
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31	31	2 2025 - 2026 Legislature
32	32	ASSEMBLY BILL 71
33	33	- 2 - LRB-0526/1
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35	35	SECTION 1
36	36	SECTION 1. 121.91 (3) (a) 1. of the statutes is amended to read:
37	37	121.91 (3) (a) 1. If a school board wishes to exceed the limit under sub. (2m)
38	38	otherwise applicable to the school district in any school year for a nonrecurring
39	39	purpose, it shall promptly adopt a resolution supporting inclusion in the final
40	40	school district budget of an amount equal to the proposed excess revenue. The
41	41	resolution shall specify whether that the proposed excess revenue is for a recurring
42	42	or nonrecurring purpose, or, if the proposed excess revenue is for both recurring and
43	43	nonrecurring purposes, the amount of the proposed excess revenue for each purpose
44	44	for which the proposed excess revenue will be used, and the number of school years
45	45	to which the resolution applies. A school board may not adopt a resolution under
46	46	this subdivision that applies to more than 4 school years. The resolution shall be
47	47	filed as provided in s. 8.37. Within 10 days after adopting the resolution, the school
48	48	board shall notify the department that it will schedule a referendum for the
49	49	purpose of submitting the resolution to the electors of the school district for
50	50	approval or rejection and shall submit a copy of the resolution to the department.
51	51	Except as provided in subd. 2., the school board shall schedule the referendum to be
52	52	held at the next regularly scheduled spring primary or election or partisan primary
53	53	or general election, provided such election is to be held not sooner than 70 days after
54	54	the filing of the resolution of the school board. A school board may proceed under
55	55	this subdivision and under s. 67.05 (6a) (a) 2. a. no more than 2 times in any
56	56	calendar year. The school district clerk shall certify the results of the referendum to
57	57	the department within 10 days after the referendum is held.
58	58	SECTION 2. 121.91 (3) (c) of the statutes is amended to read:
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81	81	23 2025 - 2026 Legislature
82	82	ASSEMBLY BILL 71
83	83	- 3 - LRB-0526/1
84	84	FFK:cdc
85	85	SECTION 2
86	86	121.91 (3) (c) A referendum under this subsection shall be held in accordance
87	87	with chs. 5 to 12. The school district clerk shall provide the election officials with
88	88	all necessary election supplies. The form of the ballot shall correspond
89	89	substantially with the standard form for referendum ballots prescribed by the
90	90	elections commission under ss. 5.64 (2) and 7.08 (1) (a). The question submitted
91	91	shall be whether the limit under sub. (2m) may be exceeded by a specified amount.
92	92	If the resolution provides that any of the excess revenue will be used for a
93	93	nonrecurring purpose, the ballot in the election and shall so state that it and shall
94	94	specify the amount that will be used for a nonrecurring purpose. The limit
95	95	otherwise applicable to the school district under sub. (2m) is increased by the
96	96	amount approved by a majority of those voting on the question.
97	97	SECTION 3. 121.91 (7) of the statutes is amended to read:
98	98	121.91 (7) Except as provided in subs. (4) (f) 2. and (n) to (qe) and (8), if an
99	99	excess revenue is approved under sub. (3) for a recurring purpose or allowed under
100	100	sub. (4), the excess revenue shall be included in the base for determining the limit
101	101	for the next school year for purposes of this section. If an excess revenue is approved
102	102	under sub. (3) for a nonrecurring purpose, the excess revenue shall not be included
103	103	in the base for determining the limit for the next school year for purposes of this
104	104	section.
105	105	SECTION 4. Initial applicability.
106	106	(1) This act first applies to a resolution under s. 121.91 (3) (a) adopted on the
107	107	effective date of this subsection.
108	108	(END)
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