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LRB-2549/1
TKK:jld
2017 - 2018 LEGISLATURE
April 24, 2017 - Introduced by Representatives Brandtjen, Gannon, Horlacher,
Weatherston, Jacque, Macco, Wichgers, Allen, Murphy, Neylon, R. Brooks
and Kleefisch, cosponsored by Senators Stroebel, Craig, Lasee and Nass.
Referred to Committee on Education.
AB268,1,3 1An Act to amend 121.91 (3) (a) and 121.91 (7); and to create 121.91 (9) of the
2statutes; relating to: school board referendums to exceed revenue limit
3applicable to a school district.
Analysis by the Legislative Reference Bureau
This bill limits to five consecutive school years the number of years for which
a school board may seek approval from voters in the school district to increase the
revenue limit applicable to the district.
Current law generally restricts a school district's per pupil revenue raised from
state aids and property taxes in a school year to the total amount received per pupil
from state aids and property taxes in the previous school year. Current law permits
a school district to exceed this revenue limit by passing a resolution and submitting
the resolution to the electors of the school district in a referendum election. If a
majority of the electors of the school district votes to approve the referendum, the
revenue limit of the school district is increased as specified in the referendum
question.
Current law requires the school district to specify in its resolution, and in the
referendum question, whether the proposed excess revenue will be for a recurring or
a nonrecurring purpose. If the proposed excess revenue will be for a recurring
purpose, the school district may add the excess revenue to its base revenue per pupil
when the school district determines its revenue limit for the next school year.
This bill eliminates the distinction between recurring and nonrecurring
purposes. The bill also eliminates the authority of a school board to include excess

revenue generated for a recurring purpose in its base revenue per pupil when the
school board next determines its revenue limit. Finally, the bill imposes a five-year
limit on the number of years in which a school district whose electors approved a
recurring referendum, prior to the effective date of the bill, may add the excess
revenue to its base revenue per pupil.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB268,1 1Section 1. 121.91 (3) (a) of the statutes is amended to read:
AB268,3,32 121.91 (3) (a) If a school board wishes to exceed the limit under sub. (2m)
3otherwise applicable to the school district in any school year, it shall promptly adopt
4a resolution supporting inclusion in the final school district budget of an amount
5equal to the proposed excess revenue. The resolution school board shall specify
6whether the proposed excess revenue is for a recurring or nonrecurring purpose, or,
7if the proposed excess revenue is for both recurring and nonrecurring purposes,
in
8the resolution
the amount of the proposed excess revenue for each purpose. The
9number of years for which a school board may seek approval under a resolution
10adopted under this paragraph to exceed the limit under sub. (2m) may not exceed 5
11consecutive school years.
The resolution shall be filed as provided in s. 8.37. Within
1210 days after adopting the resolution, the school board shall notify the department
13of the scheduled date of the referendum and submit a copy of the resolution to the
14department. The school board shall call a special referendum for the purpose of
15submitting the resolution to the electors of the school district for approval or
16rejection. In lieu of a special referendum, the school board may specify that the
17referendum be held at the next succeeding spring primary or election or partisan
18primary or general election, if such election is to be held not sooner than 70 days after

1the filing of the resolution of the school board. The school district clerk shall certify
2the results of the referendum to the department within 10 days after the referendum
3is held.
AB268,2 4Section 2. 121.91 (7) of the statutes is amended to read:
AB268,3,105 121.91 (7) Except as provided in subs. (4) (f) 2. and (n) to (qe) and (8), if an excess
6revenue is approved under sub. (3) for a recurring purpose or allowed under sub. (4),
7the excess revenue shall be included in the base for determining the limit for the next
8school year for purposes of this section. If an excess revenue is approved under sub.
9(3) for a nonrecurring purpose, the excess revenue shall not be included in the base
10for determining the limit for the next school year for purposes of this section.
AB268,3 11Section 3. 121.91 (9) of the statutes is created to read:
AB268,3,2212 121.91 (9) If, prior to the effective date of this subsection .... [LRB inserts date],
13a school board submitted to the electors of the school district a resolution under s.
14121.91 (3) (a), 2015 stats., to exceed the limit under sub. (2m) for a recurring purpose
15and if the electors of the school district approved the resolution at a referendum held
16as authorized under s. 121.91 (3) (a), 2015 stats., then, beginning on the effective date
17of this subsection .... [LRB inserts date], the number of years for which the school
18board may include, as authorized under s. 121.91 (7), 2015 stats., the excess revenue
19approved in the referendum described in this subsection in the base for determining
20the limit for the next school year for purposes of this section may not exceed the 5
21consecutive school years beginning after the effective date of this subsection .... [LRB
22inserts date].
AB268,4 23Section 4. Initial applicability.
AB268,4,224 (1) The treatment of section 121.91 (3) (a) and (7) of the statutes first applies
25to a resolution to exceed the revenue limit applicable to a school district adopted by

1the school board of the school district under section 121.91 (3) (a) of the statutes on
2the effective date of this subsection.
AB268,4,33 (End)
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