2025 - 2026 LEGISLATURE
LRB-0526/1
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2025 ASSEMBLY BILL 71
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***
AN ACT to amend 121.91 (3) (a) 1., 121.91 (3) (c) and 121.91 (7) of the statutes;
relating 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:
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SECTION 1
SECTION 1. 121.91 (3) (a) 1. of the statutes is amended to read:
121.91 (3) (a) 1. If a school board wishes to exceed the limit under sub. (2m)
otherwise applicable to the school district in any school year for a nonrecurring
purpose, 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 that 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
for which the proposed excess revenue will be used, and the number of school years
to which the resolution applies. A school board may not adopt a resolution under
this subdivision that applies to more than 4 school years. 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 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.
Except as provided in subd. 2., the school board shall schedule the referendum to be
held at the next regularly scheduled spring primary or election or partisan primary
or general election, provided such election is to be held not sooner than 70 days after
the filing of the resolution of the school board. A school board may proceed under
this subdivision and under s. 67.05 (6a) (a) 2. a. no more than 2 times in any
calendar year. The school district clerk shall certify the results of the referendum to
the department within 10 days after the referendum is held.
SECTION 2. 121.91 (3) (c) of the statutes is amended to read:
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SECTION 2
121.91 (3) (c) 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
elections commission 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 and shall so state that it 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.
SECTION 3. 121.91 (7) of the statutes is amended to read:
121.91 (7) Except as provided in subs. (4) (f) 2. and (n) to (qe) and (8), if an
excess revenue is approved under sub. (3) for a recurring purpose or allowed under
sub. (4), the excess revenue shall be included in the base for determining the limit
for the next school year for purposes of this section. If an excess revenue is approved
under sub. (3) for a nonrecurring purpose, the excess revenue shall not be included
in the base for determining the limit for the next school year for purposes of this
section.
SECTION 4. Initial applicability.
(1) This act first applies to a resolution under s. 121.91 (3) (a) adopted on the
effective date of this subsection.
(END)
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