LRB-3321/1
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2017 - 2018 LEGISLATURE
May 16, 2017 - Introduced by Representatives Duchow, Considine, Jacque, Pope,
Ripp, Sargent and Subeck, cosponsored by Senators Olsen, Darling, Larson
and Marklein. Referred to Committee on Education.
AB329,1,3 1An Act to renumber and amend 115.31 (1) (c); and to create 115.31 (1) (c) 1.
2b., 115.31 (1) (c) 2. and 118.07 (4p) of the statutes; relating to: prohibiting
3aiding and abetting sexual abuse.
Analysis by the Legislative Reference Bureau
Under current law, the state superintendent of public instruction may revoke
a license issued by the state superintendent for immoral conduct on the part of a
licensee. This bill specifies that it is immoral conduct for a licensee to help a school
employee, contractor, or agent obtain a new job if the licensee knows or has reason
to believe that the school employee, contractor, or agent has committed a sex offense
and the victim was a minor or a pupil. This bill also prohibits a school board,
governing body of a private school, and operator of a charter school from helping a
school employee, contractor, or agent obtain a new job if the school board, governing
body, or operator knows or has reason to believe that the school employee, contractor,
or agent has committed a sex offense and the victim was a minor or a pupil.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB329,1 4Section 1. 115.31 (1) (c) of the statutes is renumbered 115.31 (1) (c) 1. (intro.)
5and amended to read:
AB329,2,4
1115.31 (1) (c) 1. (intro.) “Immoral conduct" means conduct or behavior that is
2contrary to commonly accepted moral or ethical standards and that endangers the
3health, safety, welfare, or education of any pupil. “Immoral conduct" includes the all
4of the following:
AB329,2,6 5a. The intentional use of an educational agency's equipment to download, view,
6solicit, seek, display, or distribute pornographic material.
AB329,2 7Section 2. 115.31 (1) (c) 1. b. of the statutes is created to read:
AB329,2,118 115.31 (1) (c) 1. b. Assisting a school employee, contractor, or agent to obtain
9a new job if the individual knows or has a reasonable suspicion to believe that the
10school employee, contractor, or agent committed a sex offense, as defined in s. 301.45
11(1d) (b), and the victim was a minor or a pupil.
AB329,3 12Section 3. 115.31 (1) (c) 2. of the statutes is created to read:
AB329,2,1413 115.31 (1) (c) 2. It is not immoral conduct under subd. 1. b. if any of the following
14apply:
AB329,2,1515 a. The assistance is the transmittal of administrative and personnel files.
AB329,2,1816 b. The information the individual knows or that is the basis of the individual's
17reasonable suspicion has been properly reported to law enforcement and law
18enforcement has closed any resulting case or investigation without a conviction.
AB329,4 19Section 4. 118.07 (4p) of the statutes is created to read:
AB329,2,2520 118.07 (4p) (a) Except as provided in par. (b), no school board, governing body
21of a private school, or operator of a charter school may assist a school employee,
22contractor, or agent to obtain a new job if the school board, governing body, or
23operator knows or has a reasonable suspicion to believe that the school employee,
24contractor, or agent committed a sex offense, as defined in s. 301.45 (1d) (b), and the
25victim was a minor or a pupil.
AB329,3,1
1(b) Paragraph (a) does not apply if any of the following apply:
AB329,3,22 1. The assistance is the transmittal of administrative and personnel files.
AB329,3,63 2. The information the school board, private school, or charter school knows or
4that is the basis of the school board, private school, or charter school's reasonable
5suspicion has been properly reported to law enforcement and law enforcement has
6closed any resulting case or investigation without a conviction.
AB329,3,77 (End)
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