February 21, 2025 - Introduced by Senators Cabral-Guevara, Jacque, Kapenga and Nass, cosponsored by Representatives Allen, Piwowarczyk, Behnke, Brill, Dittrich, Goeben, Green, Gundrum, Knodl, Kreibich, Maxey, Murphy, O'Connor and Wichgers. Referred to Committee on Education.
SB58,1,4
1An Act to renumber and amend 67.05 (3) (d); to amend 38.16 (3) (br) 3., 266.0602 (4) (c) and 121.91 (3) (c); to create 67.05 (3) (d) 3., 4. and 5. of the 3statutes; relating to: referendum questions for certain referenda that affect
4property taxes. Analysis by the Legislative Reference Bureau
Under current law, a county, city, village, town, school district, or technical college district may exceed its property tax levy limit if the electors of that political subdivision or district approve the increase at a referendum. The ballot question must indicate the dollar amount of the increase in the levy limit. Under this bill, the ballot question must also provide a good faith estimate of the annual dollar amount difference in property taxes on a median-valued, single-family residence located in the political subdivision or district that would result from passage of the referendum.
Also under current law, in certain cases when local governmental units authorize the issuance of bonds, the local governmental unit must adopt a resolution stating the purpose of the bonding and the maximum amounts of borrowing. The local governmental unit, in certain cases, is required or authorized to seek approval of the bonding authorization at a referendum. Among other things, the referendum question must contain a statement of the purpose for which bonds are to be issued and the maximum amount of the bonds to be issued. Under the bill, the question must also provide all of the following:
1. The estimated interest rate and amount of the interest accruing on the bonds.
2. Any fees that will be incurred if the bonds are defeased.
3. A good faith estimate of the dollar amount difference in property taxes on a median-valued, single-family residence located in the local governmental unit that would result from passage of the referendum.
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:
SB58,1
1Section 1. 38.16 (3) (br) 3. of the statutes is amended to read: SB58,2,13238.16 (3) (br) 3. The referendum shall be held in accordance with chs. 5 to 12. 3The district board shall provide the election officials with all necessary election 4supplies. The form of the ballot shall correspond substantially with the standard 5form for referendum ballots prescribed by the elections commission under ss. 5.64 6(2) and 7.08 (1) (a). The question submitted shall be whether the limit under this 7subsection may be exceeded by a specified amount. The question shall also provide 8a good faith estimate of the dollar amount difference, as defined in s. 67.05 (3) (d) 5., 9that would result for a median-valued, single-family residence located in the district 10if the referendum passes together with a statement of the property value used in 11calculating the estimate. The limit otherwise applicable to the district under this 12subsection is increased by the amount approved by a majority of those voting on the 13question. SB58,214Section 2. 66.0602 (4) (c) of the statutes is amended to read: SB58,3,171566.0602 (4) (c) The referendum shall be held in accordance with chs. 5 to 12. 16The political subdivision shall provide the election officials with all necessary
1election supplies. The form of the ballot shall correspond substantially with the 2standard form for referendum ballots under ss. 5.64 (2) and 7.08 (1) (a). The 3question shall be submitted as follows: “Under state law, the increase in the levy of 4the .... (name of political subdivision) for the tax to be imposed for the next fiscal 5year, .... (year), is limited to ....% (based on actual data or the political subdivision’s 6best estimate), which results in a levy of $.... Shall the .... (name of political 7subdivision) be allowed to exceed this limit and increase the levy for the next fiscal 8year, .... (year), for .... (purpose for which the increase will be used), by a total of ....% 9(based on actual data or the political subdivision’s best estimate), which results in a 10levy of $....?”. The question shall also provide a good faith estimate of the dollar 11amount difference, as defined in s. 67.05 (3) (d) 5., that would result for a median-12valued, single-family residence located in the district if the referendum passes 13together with a statement of the property value used in calculating the estimate. If 14the increase is for the next fiscal year only, the question shall include the 15percentage increase in the levy from the previous year’s levy, and, if the increase is 16on an ongoing basis, the question shall include the amount of the increase for each 17fiscal year for which the increase applies. SB58,318Section 3. 67.05 (3) (d) of the statutes is renumbered 67.05 (3) (d) (intro.) and 19amended to read: SB58,3,202067.05 (3) (d) (intro.) The question shall contain a all of the following: SB58,3,21211. A statement of the purpose for which bonds are to be issued and the. SB58,3,22222. The maximum amount of the bonds to be issued. SB58,423Section 4. 67.05 (3) (d) 3., 4. and 5. of the statutes are created to read: SB58,4,62467.05 (3) (d) 3. The estimated interest rate and total amount of interest
1accruing on the maximum amount of bonds issued for the longest period authorized 2under the referendum. If the interest rate is a variable rate, the statement shall 3specify the amount of the interest accruing calculated by using the lowest rate 4during the term for which the rate is applicable and the amount of the interest 5accruing calculated by using the highest rate during the term for which the rate is 6applicable. SB58,4,774. Any fees that will be incurred if the bonds are defeased. SB58,4,1385. A good faith estimate of the dollar amount difference that would result for 9a median-valued, single-family residence located in the municipality if the 10referendum passes together with a statement of the property value used in 11calculating the estimate. In this subdivision, “dollar amount difference” means the 12difference between the property taxes that would apply if the referendum passes 13and the property taxes that would apply if the referendum does not pass. SB58,514Section 5. 121.91 (3) (c) of the statutes is amended to read: SB58,5,515121.91 (3) (c) A referendum under this subsection shall be held in accordance 16with chs. 5 to 12. The school district clerk shall provide the election officials with 17all necessary election supplies. The form of the ballot shall correspond 18substantially with the standard form for referendum ballots prescribed by the 19elections commission under ss. 5.64 (2) and 7.08 (1) (a). The question submitted 20shall be whether the limit under sub. (2m) may be exceeded by a specified amount. 21The question shall also provide a good faith estimate of the dollar amount 22difference, as defined in s. 67.05 (3) (d) 5., that would result for a median-valued, 23single-family residence located in the district if the referendum passes together 24with a statement of the property value used in calculating the estimate. If the
1resolution provides that any of the excess revenue will be used for a nonrecurring 2purpose, the ballot in the election shall so state and shall specify the amount that 3will be used for a nonrecurring purpose. The limit otherwise applicable to the 4school district under sub. (2m) is increased by the amount approved by a majority of 5those voting on the question. SB58,66Section 6. Initial applicability. SB58,5,87(1) This act first applies to referenda held 90 days after the effective date of 8this subsection.