1999 Wisconsin Act 83

83,189 Section 189. 115.001 (15) (title) of the statutes is created to read:

115.001 (15) (title) State superintendent.

Note: The remaining subsections of s. 115.001 have titles.

83,190 Section 190. 115.46 (2) (d) and (e) of the statutes are amended to read:

115.46 (2) (d) "Originating state" means a state (, and the subdivision thereof, subdivisions of the state, if any), whose determination that certain educational personnel are qualified to be employed for specific duties in schools is acceptable in accordance with the terms of a contract made pursuant to sub. (3).

(e) "Receiving state" means a state (, and the subdivisions thereof) which accept of the state, that accepts educational personnel in accordance with the terms of a contract made pursuant to sub. (3).

Note: Replaces parentheses consistent with current style and replaces "which" with "that" to correct grammar.

83,191 Section 191. 117.22 (2) (d) of the statutes is amended to read:

117.22 (2) (d) At least 12 weeks prior to the date of the election, the school district clerk shall publish a type A notice of the school board election, under s. 10.01 (2) (a). No later than 5 p.m. on the date 10 weeks prior to the election, any qualified elector of the school district created by the reorganization may file with the school district clerk a sworn declaration of candidacy for the school board and, if required, nomination papers, as provided under s. 120.06 (6) (b). For purposes of this paragraph, a candidate who resides in the territory of the school district created pursuant to a reorganization under s. 117.105 and is otherwise a qualified elector shall be considered a qualified elector for a school board election under par. (bm). A candidate shall file an amended declaration with the school district clerk as provided in s. 120.06 (6) (b) 5. Within 8 days after the first election in the newly created school district, the school district clerk shall notify the successful candidates of their election. On the 2nd Tuesday following the election, the clerk shall administer or receive the official oath and the newly elected members shall take office.

Note: Reflects treatment of s. 120.06 (6) (b) by this bill.

83,192 Section 192. 118.02 of the statutes is renumbered 118.02 (intro.) and amended to read:

118.02 Special observance days. (intro.) On the following days when school is held or, if the day falls on a Saturday or Sunday, on a school day immediately preceding or following the respective day, the day shall be appropriately observed:

(1) January 15, Dr. Martin Luther King, Jr. Day ;.

(2) February 12;.

(3) February 15, Susan B. Anthony's birthday;.

(4) February 22;.

(5) March 4, Casimir Pulaski Day; .

(6) April 13, American Creed Day; .

(7) April 22, Environmental Awareness Day;.

(8) September 16, Mildred Fish Harnack Day;.

(9) September 17, U.S. Constitution Day;.

(10) September 28, Frances Willard Day;.

(11) October 9, Leif Erikson Day; .

(12) October 12;.

(13) November 11; and.

(14) Wednesday of the 3rd week in September, as part of Wonderful Wisconsin Week under s. 14.16 (8), Wisconsin Day. If any such day falls on a Saturday or Sunday, the observance shall be on a school day immediately preceding or following. If school is held on

(15) June 14, that day shall be appropriately observed as if school is held, Robert M. La Follette, Sr. Day. If

(16) The last Friday in April, Arbor Day, except that if the governor by proclamation sets apart one day to be designated as Arbor and Bird Day, under s. 14.16 (1), that day shall be appropriately observed; otherwise, the last Friday in April shall be observed as Arbor Day.

Note: Subdivides provision in outline form, reorganizes text and replaces punctuation for improved readability and conformity with current style.

83,193 Section 193. 120.06 (6) (b) of the statutes is amended to read:

120.06 (6) (b) 1. No later than the first Tuesday in December prior to the spring election, the school district clerk shall publish a type A notice of the school district election under s. 10.01 (2) (a).

2. Except as authorized in this paragraph, no later than 5 p.m. on the first Tuesday in January prior to the spring election, or on the next day if Tuesday is a holiday, any qualified elector of the school district may file a sworn declaration of candidacy with the school district clerk in the form provided in s. 8.21 at the place specified in the notice. If the school district contains territory lying within a 2nd class city, or if the school board or annual meeting requires nomination papers under par. (a), any qualified elector of the school district who desires to be a candidate shall in addition file nomination papers in the form prescribed under s. 8.10 (2) and (3) with the school district clerk at the place specified in the notice.

3. If an incumbent fails to file a declaration of candidacy, and nomination papers, where required, within the time prescribed by this paragraph, all candidates for the office held by the incumbent, other than the incumbent, may file a declaration of candidacy and nomination papers, where required, no later than 72 hours after the latest time prescribed in this paragraph. No extension of the time for filing a declaration of candidacy or nomination papers applies if the incumbent files written notification with the school district clerk, no later than 5 p.m. on the 2nd Friday preceding the latest time prescribed in this paragraph for filing declarations of candidacy, that the incumbent is not a candidate for reelection to his or her office, and the incumbent does not file a declaration of candidacy for that office within the time prescribed in this paragraph.

4. In the case of a 3-member school board, the qualified elector shall state in his or her declaration of candidacy and on the face of his or her nomination papers, if any, the office for which the elector is a candidate. In the case of an apportioned or numbered school board, the qualified elector shall state in his or her declaration of candidacy and on the face of his or her nomination papers, if any, the apportioned area or numbered seat for which the elector is a candidate.

5. If a candidate has not filed a registration statement under s. 11.05 by the time he or she files a declaration of candidacy, the candidate shall file the statement with the declaration. A candidate shall file an amended declaration under oath with the school district clerk in the event of a change in any information provided in the declaration as provided in s. 8.21.

Note: Subdivides long provision for improved readability.

83,194 Section 194. 120.06 (8) (intro.), (a), (b), (c) 1., 2. and 3., (d), (e) and (g) of the statutes are amended to read:

120.06 (8) (intro.) The school district clerk shall do all of the following:

(a) Notify the municipal clerk of each municipality lying wholly or partially within the school district of the primary election if one is to be held and of the spring election and furnish such those municipal clerks with a copy of the notice of the school board election;.

(b) Determine for the primary, if any, and again for the spring election the order in which the names of candidates shall appear on the ballot by supervising the drawing of lots not later than the 2nd Tuesday in January, or the next day if the first Tuesday is a holiday, and the 2nd day following the completion of the canvass of the primary election, if any;.

(c) 1. The date of the election;.

2. The names of all candidates in the order in which they are listed on the ballot;.

3. The location and open hours of polling places and a designation of which persons should vote at each polling place; and.

(d) Where paper ballots are utilized at a spring primary or election, provide the municipal clerk an adequate supply of ballots for the primary or election at least 22 days before the primary or election;.

(e) Receive all ballots after they have been counted, reported and secured;.

(g) Retain and supervise the destruction of election materials from the primary, if any, and the spring election pursuant to s. 7.23 insofar as applicable; and.

Note: Replaces introductory language and replaces disfavored term and punctuation consistent with current style.

83,195 Section 195. 120.13 (1) (b) of the statutes, as affected by 1999 Wisconsin Act 9, is renumbered 120.13 (1) (b) 1. and amended to read:

120.13 (1) (b) 1. The In addition to rule-making authority granted school boards under par. (a), the school district administrator, or any principal or teacher designated by the school district administrator also, may make rules, with the consent of the school board, and.

2. The school district administrator or any principal or teacher designated by the school district administrator may suspend a pupil for not more than 5 school days or, if a notice of expulsion hearing has been sent under par. (c) 4. or (e) 4. or s. 119.25 (2) (c), for not more than a total of 15 consecutive school days for noncompliance any of the following reasons:

a. Noncompliance with such rules adopted under subd. 1. or school board rules, or for knowingly.

b. Knowingly conveying any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives, or for conduct.

c. Conduct by the pupil while at school or while under the supervision of a school authority which that endangers the property, health or safety of others, or for conduct.

d. Conduct while not at school or while not under the supervision of a school authority which that endangers the property, health or safety of others at school or under the supervision of a school authority or endangers the property, health or safety of any employe or school board member of the school district in which the pupil is enrolled.

2m. In this paragraph subdivision 2. c. and d., conduct that endangers a person or property includes making a threat to the health or safety of a person or making a threat to damage a property.

3. Prior to any suspension, the pupil shall be advised of the reason for the proposed suspension. The pupil may be suspended if it is determined that the pupil is guilty of noncompliance with such a school board rule or a rule adopted under subd. 1., or of the conduct charged, and that the pupil's suspension is reasonably justified. The parent or guardian of a suspended minor pupil shall be given prompt notice of the suspension and the reason for the suspension.

4. The suspended pupil or the pupil's parent or guardian may, within 5 school days following the commencement of the suspension, have a conference with the school district administrator or his or her designee who shall be someone other than a principal, administrator or teacher in the suspended pupil's school. If the school district administrator or his or her designee finds that the pupil was suspended unfairly or unjustly, or that the suspension was inappropriate, given the nature of the alleged offense, or that the pupil suffered undue consequences or penalties as a result of the suspension, reference to the suspension on the pupil's school record shall be expunged. Such The administrator, or the administrator's designee, shall make a finding shall be made within 15 days of the conference.

5. A pupil suspended under this paragraph shall not be denied the opportunity to take any quarterly, semester or grading period examinations or to complete course work missed during the suspension period, as provided in the attendance policy established under s. 118.16 (4) (a).

Note: Subdivides provision in outline form, reorders text and inserts specific references and cross-references text for improved readability and conformity with current style.

83,196 Section 196. 121.05 (1) (intro.) and (a) (intro.), 1., 2. and 3. of the statutes are amended to read:

121.05 (1) (intro.) The school district clerk shall include, as part of the annual school district report under s. 120.18, all of the following:

(a) (intro.) The average of the number of pupils enrolled on the 3rd Friday of September and the 2nd Friday of January of the previous school year, including all of the following:

1. Pupils enrolled concurrently in the school district and in a special education program operated by a county children with disabilities education board and in facilities of the school district. This subdivision does not apply beginning on the effective date of a resolution adopted under s. 115.817 (9) (c);.

2. Pupils enrolled in home instruction or any other school district special education program;.

3. Pupils for whom tuition is paid under s. 121.78; and.

Note: Adds language and replaces punctuation for clarity, internal consistency and conformity with current style.

83,197 Section 197. 138.12 (4) (b) (intro.), 1. and 2. of the statutes are amended to read:

138.12 (4) (b) (intro.) The division shall issue or renew a license when the division is satisfied that the person to be licensed satisfies all of the following, as applicable:

1. Is competent and trustworthy and intends to act in good faith in the capacity involved by the license applied for,.

2. Has a good business reputation and has had experience, training or education so as to be qualified in the business for which the license is applied for, and.

Note: Replaces punctuation for internal consistency and conformity with current style.

83,198 Section 198. 138.12 (9) (a) of the statutes is amended to read:

138.12 (9) (a) The service charge shall be computed on the balance of the premiums due (, after subtracting the down payment made by the insured in accordance with the premium finance agreement), from the effective date of the insurance coverage, for which the premiums are being advanced, to and including the date when the final instalment of the premium finance agreement is payable.

Note: Replaces parentheses consistent with current style.

83,199 Section 199. 138.12 (10) (b) of the statutes is amended to read:

138.12 (10) (b) The interest shall be computed on the balance of the premiums due (, after subtracting the down payment made by the insured in accordance with the premium finance agreement), from the effective date of the insurance coverage, for which the premiums are being advanced, to and including the date when the final instalment of the premium finance agreement is payable.

Note: Replaces parentheses consistent with current style.

83,200 Section 200. 146.82 (2) (a) 2. (intro.), a. and b. of the statutes are amended to read:

146.82 (2) (a) 2. (intro.) To the extent that performance of their duties requires access to the records, to a health care provider or any person acting under the supervision of a health care provider or to a person licensed under s. 146.50, including but not limited to medical staff members, employes or persons serving in training programs or participating in volunteer programs and affiliated with the health care provider, if any of the following is applicable:

a. The person is rendering assistance to the patient; .

b. The person is being consulted regarding the health of the patient; or.

Note: Adds language and replaces punctuation for clarity, internal consistency and conformity with current style.

83,201 Section 201. 150.96 (3) of the statutes is amended to read:

150.96 (3) "The federal act" means the mental retardation facilities and community mental health centers construction act of 1963 (P.L. 88-164), as now and hereafter amended.

Note: Deletes language in conformity with current style.

83,202 Section 202. 150.963 (2) (intro.) and (a) of the statutes are amended to read:

150.963 (2) (intro.) The department shall constitute be the sole agency of the state for all of the purpose of following purposes:

(a) Making inventories of existing facilities, surveying the need for construction for facilities for the mentally retarded and community mental health centers, and developing programs of construction, and.

Note: Adds language and replaces punctuation for clarity, internal consistency and conformity with current style.