Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB81 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-1934/1
3	3	FFK:cdc
4	4	2025 SENATE BILL 81
5	5	February 26, 2025 - Introduced by Senators KAPENGA, NASS and TOMCZYK,
6	6	cosponsored by Representatives DUCHOW, DITTRICH, ALLEN, BEHNKE, BRILL,
7	7	DONOVAN, GOEBEN, GREEN, B. JACOBSON, KNODL, KREIBICH, MAXEY,
8	8	MURPHY, NEYLON, O'CONNOR, WICHGERS, ZIMMERMAN and MELOTIK. Referred
9	9	to Committee on Education.
10	10	AN ACT to amend 121.91 (3) (a) 1., 121.91 (3) (c) and 121.91 (7) of the statutes;
11	11	relating to: school district operating referenda.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill eliminates recurring operating referenda and limits a nonrecurring
14	14	operating referendum to no more than four years.
15	15	Current law generally limits the total amount of revenue a school district may
16	16	receive from general school aids and property taxes in a school year. However, there
17	17	are several exceptions to the revenue limit. One exception is for excess revenue
18	18	approved by referendum for recurring and nonrecurring purposes. This type of
19	19	referendum is often referred to as an operating referendum. If the operating
20	20	referendum is for a nonrecurring purpose, a school district[s authority to raise
21	21	excess revenue is approved only for specific school years. If the operating
22	22	referendum is for a recurring purpose, the school district[s authority to raise excess
23	23	revenue is permanent. Under the bill, an operating referendum to exceed a school
24	24	district[s revenue limit may be only for nonrecurring purposes and the referendum
25	25	may not apply to more than four years.
26	26	The people of the state of Wisconsin, represented in senate and assembly, do
27	27	enact as follows:
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29	29	2 2025 - 2026 Legislature
30	30	SENATE BILL 81
31	31	- 2 - LRB-1934/1
32	32	FFK:cdc
33	33	SECTION 1
34	34	SECTION 1. 121.91 (3) (a) 1. of the statutes is amended to read:
35	35	121.91 (3) (a) 1. If a school board wishes to exceed the limit under sub. (2m)
36	36	otherwise applicable to the school district in any school year for a nonrecurring
37	37	purpose, it shall promptly adopt a resolution supporting inclusion in the final
38	38	school district budget of an amount equal to the proposed excess revenue. The
39	39	resolution shall specify whether that the proposed excess revenue is for a recurring
40	40	or nonrecurring purpose, or, if the proposed excess revenue is for both recurring and
41	41	nonrecurring purposes, the amount of the proposed excess revenue for each purpose
42	42	for which the proposed excess revenue will be used, and the number of school years
43	43	to which the resolution applies. A school board may not adopt a resolution under
44	44	this subdivision that applies to more than 4 school years. The resolution shall be
45	45	filed as provided in s. 8.37. Within 10 days after adopting the resolution, the school
46	46	board shall notify the department that it will schedule a referendum for the
47	47	purpose of submitting the resolution to the electors of the school district for
48	48	approval or rejection and shall submit a copy of the resolution to the department.
49	49	Except as provided in subd. 2., the school board shall schedule the referendum to be
50	50	held at the next regularly scheduled spring primary or election or partisan primary
51	51	or general election, provided such election is to be held not sooner than 70 days after
52	52	the filing of the resolution of the school board. A school board may proceed under
53	53	this subdivision and under s. 67.05 (6a) (a) 2. a. no more than 2 times in any
54	54	calendar year. The school district clerk shall certify the results of the referendum to
55	55	the department within 10 days after the referendum is held.
56	56	SECTION 2. 121.91 (3) (c) of the statutes is amended to read:
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79	79	23 2025 - 2026 Legislature
80	80	SENATE BILL 81
81	81	- 3 - LRB-1934/1
82	82	FFK:cdc
83	83	SECTION 2
84	84	121.91 (3) (c) A referendum under this subsection shall be held in accordance
85	85	with chs. 5 to 12. The school district clerk shall provide the election officials with
86	86	all necessary election supplies. The form of the ballot shall correspond
87	87	substantially with the standard form for referendum ballots prescribed by the
88	88	elections commission under ss. 5.64 (2) and 7.08 (1) (a). The question submitted
89	89	shall be whether the limit under sub. (2m) may be exceeded by a specified amount.
90	90	If the resolution provides that any of the excess revenue will be used for a
91	91	nonrecurring purpose, the ballot in the election and shall so state that it and shall
92	92	specify the amount that will be used for a nonrecurring purpose. The limit
93	93	otherwise applicable to the school district under sub. (2m) is increased by the
94	94	amount approved by a majority of those voting on the question.
95	95	SECTION 3. 121.91 (7) of the statutes is amended to read:
96	96	121.91 (7) Except as provided in subs. (4) (f) 2. and (n) to (qe) and (8), if an
97	97	excess revenue is approved under sub. (3) for a recurring purpose or allowed under
98	98	sub. (4), the excess revenue shall be included in the base for determining the limit
99	99	for the next school year for purposes of this section. If an excess revenue is approved
100	100	under sub. (3) for a nonrecurring purpose, the excess revenue shall not be included
101	101	in the base for determining the limit for the next school year for purposes of this
102	102	section.
103	103	SECTION 4. Initial applicability.
104	104	(1) This act first applies to a resolution under s. 121.91 (3) (a) adopted on the
105	105	effective date of this subsection.
106	106	(END)
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