AB1102: Bill Text

LRB-5786/2

PG/TNF/JS:kmg/kaf:jlb

1995 - 1996 LEGISLATURE

1995 Assembly BILL 1102

May 9, 1996 - Introduced by Committee on Assembly Organization. Referred to calendar.

AB1102,3,18 An Act to repeal subchapter VI of chapter 14 [precedes 14.91], 15.06 (2) (c), 15.06 (3) (a) 6., 20.265, 20.923 (4) (g) 1g., 115.001 (13m), 115.745, 118.192 (5), 118.38 (2m), 230.08 (2) (t) and 973.135 (1) (a); to renumber 20.255 (4) (g), 20.255 (4) (m) and 973.135 (1) (am); to renumber and amend 15.67, 142.07 (4) and 230.08 (2) (e) 3g.; to amend 14.017 (2), 15.01 (2), 15.02 (1), 15.06 (1) (a), 15.06 (4), 15.06 (5), 15.06 (6), 15.07 (2) (f), 15.105 (26) (a) 1., 15.195 (4) (d), 15.197 (11n) (a) 3., 15.197 (23) (a) 9., 15.347 (4) (c), 15.374 (1), 15.375 (1), 15.375 (2), 15.375 (3) (b) 1., 15.375 (3) (b) 6. (intro.), 15.377 (1), 15.377 (3), 15.377 (4), 15.377 (6), 15.377 (7m), 15.57 (1), 15.707 (1), 15.945 (1), 20.255 (title), 20.255 (2) (ed), 20.255 (2) (r), 20.255 (3) (ec), 20.435 (6) (hx), 20.866 (2) (zh) (title), 24.61 (3) (c) 2. a., 35.24 (1) (a), 36.11 (6) (c), 36.51 (7), 38.04 (7m), 38.04 (11) (a) 2., 38.04 (26), 38.36 (7), 39.285, 39.30 (2) (f), 39.40 (5), 39.41 (2) (c), 39.41 (3) (a), 39.435 (4) (d), 40.02 (55) (a), 43.03 (intro.), 43.05 (13), 43.07 (intro.), 43.07 (2), 43.07 (3), 43.07 (4), 43.07 (5), 43.07 (7), 43.13 (4), 43.70, 48.57 (1) (c), 48.982 (2) (g) (intro.), 60.33 (9) (a), 61.34 (4), 62.12 (9), 66.03 (3) (c), 66.03 (5), 66.30 (6) (g), 101.14 (1) (c), chapter 115 (title), 115.28 (7) (a), 115.28 (7m), 115.28 (20) (a), 115.28 (20) (b), 115.28 (20) (c), 115.28 (20) (d), 115.28 (20) (e), 115.28 (27), 115.29 (intro.), 115.29 (1), 115.29 (2), 115.29 (4), 115.30 (4) (a), 115.30 (4) (c), 115.30 (4) (f), 115.345 (1) to (4), 115.345 (6) to (8), 115.35 (5) (c), 115.361 (5) (c) 3., 115.40 (4) (a), 115.40 (4) (b), 115.40 (4) (c) (intro.), 115.45 (2) (b), 115.45 (6) (b), 115.47, 115.77 (1), 115.77 (2) (intro.), 115.79 (1) (intro.), 115.79 (1) (d), 115.81 (7), 115.81 (8), 115.85 (2) (c) 2. (intro.), 115.89, 115.93 (1), 116.03 (11), 116.03 (13), 117.03 (2), 117.05 (1), 117.05 (1m), 117.05 (2) (a), 117.05 (10), 118.01 (1), 118.165 (2), 118.167, 118.20 (2), 118.20 (4) to (7), 118.255 (4), 118.37 (3) (b) and (3m) (b), 118.38 (3), 119.04 (title), 119.04 (1), 119.28 (5), 120.17 (8) (bm), 121.006 (1) (a), 121.06 (1), 121.135 (1), 121.15 (2) (c), 121.52 (4), 121.56, 121.58 (5), 121.91 (5) (a), 255.30 (4), 887.23 (1), 967.02 (2), 973.135 (title), 973.135 (2) and 973.135 (3); to repeal and recreate 15.227 (24) (a) 4., 15.37, 43.01 (6), 67.03 (1) (b), 73.0305, subchapter II (title) of chapter 115 [precedes 115.28], 115.28 (3m), 115.48, 116.03 (10), 116.03 (12m), 118.255 (3), 121.17 and 121.845 (3); to create 15.07 (1) (b) 22., 15.377 (8), 20.566 (2) (b), 39.27, 118.243 and 973.135 (1) (b) of the statutes; and to affect 1995 Wisconsin Act 27, section 93, 1995 Wisconsin Act 27, section 99, 1995 Wisconsin Act 27, section 207, 1995 Wisconsin Act 27, section 223m, 1995 Wisconsin Act 27, section 558, 1995 Wisconsin Act 27, section 560, 1995 Wisconsin Act 27, sections 562 and 563, 1995 Wisconsin Act 27, section 568, 1995 Wisconsin Act 27, section 599, 1995 Wisconsin Act 27, section 620, 1995 Wisconsin Act 27, section 1200, 1995 Wisconsin Act 27, sections 1815 to 1840, 1995 Wisconsin Act 27, sections 1851p and 1851t, 1995 Wisconsin Act 27, sections 1853 and 1854, 1995 Wisconsin Act 27, sections 1856 to 1859, 1995 Wisconsin Act 27, sections 1860 and 1861, 1995 Wisconsin Act 27, sections 1862 to 1887, 1995 Wisconsin Act 27, sections 1887g to 1890, 1995 Wisconsin Act 27, sections 1892 and 1893, 1995 Wisconsin Act 27, section 1894, 1995 Wisconsin Act 27, sections 1895 and 1896, 1995 Wisconsin Act 27, sections 1900 to 1911, 1995 Wisconsin Act 27, sections 1918 to 1930, 1995 Wisconsin Act 27, sections 1931 to 1933, 1995 Wisconsin Act 27, sections 1934m to 1945, 1995 Wisconsin Act 27, section 4200, 1995 Wisconsin Act 27, section 9127 (1), 1995 Wisconsin Act 27, section 9145 (1), 1995 Wisconsin Act 27, section 9145 (8g), 1995 Wisconsin Act 27, section 9145 (8h), 1995 Wisconsin Act 27, section 9145 (13q), 1995 Wisconsin Act 27, section 9154, 1995 Wisconsin Act 27, section 9427 (1), 1995 Wisconsin Act 27, section 9427 (2), 1995 Wisconsin Act 27, section 9454 (2), 1995 Wisconsin Act 27, section 9459 (2) (b), 1995 Wisconsin Act 225, section 71 and 1995 Wisconsin Act 225, section 551 (2); relating to: the higher educational aids board and the educational approval board; eliminating the restructuring of the department of public instruction and the creation of the education commission; requiring each school district to notify each owner of taxable property of information about the district's prior year's property tax levy and rate, about the district's proposed current year's property tax levy and rate, about the changes in those rates and levies and about the change since the previous school year in the amount of school aid that the district received; and making appropriations.

Analysis by the Legislative Reference Bureau

The 1995-97 biennial budget act (1995 Wisconsin Act 27) made a number of changes with respect to the powers of the state superintendent of public instruction and the name and structure of the department of public instruction (DPI), the higher educational aids board (HEAB) and the educational approval board (EAB). The act:

1. Changed the name of DPI to the department of education (DOE).

2. Created an 11-member education commission, including the state superintendent as chairperson, to function as the policy-making unit for DOE.

3. Vested the administrative powers and duties of DOE in a secretary of education, to be appointed by the governor with senate confirmation.

4. Assigned all duties and powers of the state superintendent to the secretary of education and DOE.

5. Created an office of the state superintendent attached to DOE.

6. Eliminated HEAB, which was an independent agency, and transferred its responsibilities for administering the state's student financial aid system to DOE.

7. Eliminated EAB, which was attached to the technical college system board, and transferred its responsibilities for approving veterans' education and training programs and regulating private vocational and technical schools to DOE.

On March 29, 1996, the Wisconsin supreme court held that certain specified provisions of 1995 Wisconsin Act 27, relating to items 1 to 5, above, were unconstitutional and therefore void. Thompson v. Craney, No. 95-2168-0A (March 29, 1996).

This bill revises the statutes, including those sections of the statutes that relate to the constitutional issues but that were not specified by the court, to make them consistent with the court's decision. The bill also reenacts certain provisions of the statutes that were voided by the court but that were unrelated to the constitutional issues before the court.

The court did not explicitly address the elimination of HEAB and EAB and the transfer of their functions to DOE. This bill restores HEAB and EAB but with several modifications. With respect to HEAB, the bill attaches the board to DPI for administrative purposes.

With respect to EAB, the bill restores it to the technical college system board and modifies its membership. Currently, EAB consists of up to 7 members who are appointed to serve at the pleasure of the governor. The bill provides for EAB to consist of 6 members appointed for 6-year terms and a student appointed for a 2-year term. One member must be a representative of a proprietary school and one must be a veteran of the U.S. armed forces. Senate confirmation is required for all members, although the bill allows initial appointees by the governor to serve until they are confirmed by the senate.

This bill also requires each school district, no later than 10 days before the district certifies its levy, to notify each owner of taxable property in the district of the district's previous year's property tax levy and rate and of the district's proposed property tax levy and rate for the current year, of the change, expressed in both a dollar amount and a percentage, from the previous year to the current year in the levy and rate and of the change, expressed in both a dollar amount and a percentage, from the previous school year to the current school year in the state school aid that the district received. The bill provides an appropriation to reimburse school districts for the costs of providing the notice.

For further information see the state and 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:

AB1102, s. 1 Section 1. 14.017 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,5,18 14.017 (2) State council on alcohol and other drug abuse. There is created in the office of the governor a state council on alcohol and other drug abuse consisting of the governor, the attorney general, the secretary of education state superintendent of public instruction, the secretary of health and social services, the commissioner of insurance, the secretary of corrections, the secretary of transportation and the chairperson of the pharmacy examining board, or their designees; a representative of the controlled substances board; a representative of any governor's committee or commission created under subch. I of ch. 14 to study law enforcement issues; 6 members, one of whom is a consumer representing the public at large, with demonstrated professional, research or personal interest in alcohol and other drug abuse problems, appointed for 4-year terms; a representative of an organization or agency which is a direct provider of services to alcoholics and other drug abusers; a member of the Wisconsin County Human Service Association, Inc., who is nominated by that association; and 2 members of each house of the legislature, representing the majority party and the minority party in each house, chosen as are the members of standing committees in their respective houses. Section 15.09 applies to the council.

AB1102, s. 2 Section 2. Subchapter VI of chapter 14 [precedes 14.91] of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB1102, s. 3 Section 3. 15.01 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,6,7 15.01 (2) "Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the education commission which shall consist of 11 members, the Wisconsin waterways commission which shall consist of 5 members, the parole commission which shall consist of 5 members and the Fox river management commission which shall consist of 7 members. A Wisconsin group created for participation in a continuing interstate body shall be known as a "commission", but is not a commission for purposes of s. 15.06. The parole commission created under s. 15.145 (1) shall be known as a "commission", but is not a commission for purposes of s. 15.06.

AB1102, s. 4 Section 4. 15.02 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,6,12 15.02 (1) Separate constitutional offices. The governor, lieutenant governor, secretary of state, state superintendent of public instruction and state treasurer each head a staff to be termed the "office" of the respective constitutional officer.

AB1102, s. 5 Section 5. 15.06 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,6,18 15.06 (1) (a) Except as otherwise provided in this subsection and s. 15.37, the members of commissions shall be nominated by the governor, and with the advice and consent of the senate appointed, for staggered 6-year terms expiring on March 1 of the odd-numbered years.

AB1102, s. 6 Section 6. 15.06 (2) (c) of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB1102, s. 7 Section 7. 15.06 (3) (a) 6. of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB1102, s. 8 Section 8. 15.06 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,7,4 15.06 (4) Chairperson; administrative duties. The administrative duties of each commission, other than the education commission, shall be vested in its chairperson, to be administered by the chairperson under the statutes and rules of the commission and subject to the policies established by the commission.

AB1102, s. 9 Section 9. 15.06 (5) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,7,11 15.06 (5) Frequency of meetings; place. Every commission shall meet on the call of the chairperson or a majority of its members, except that the education commission shall meet on the call of the chairperson or a majority of its voting members. Every commission shall maintain its offices in Madison, but may meet or hold hearings at such other locations as will best serve the citizens of this state.

AB1102, s. 10 Section 10. 15.06 (6) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,7,18 15.06 (6) Quorum. A majority of the membership of a commission constitutes a quorum to do business, except that a majority of the voting members of the education commission constitutes a quorum to do business and except that vacancies shall not prevent a commission from doing business. This subsection does not apply to the parole commission.

AB1102, s. 11 Section 11. 15.07 (1) (b) 22. of the statutes is created to read:

AB1102,7,20 15.07 (1) (b) 22. Educational approval board.

AB1102, s. 12 Section 12. 15.07 (2) (f) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,7,25 15.07 (2) (f) The secretary of education state superintendent of public instruction or his or her designated representative shall serve as chairperson of the school district boundary appeal board.

AB1102, s. 13 Section 13. 15.105 (26) (a) 1. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,8,5 15.105 (26) (a) 1. An employe of the division for libraries and community learning in the department of education appointed by the secretary of education public instruction.

AB1102, s. 14 Section 14. 15.195 (4) (d) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,8,9 15.195 (4) (d) The secretary of education state superintendent of public instruction or his or her designee.

AB1102, s. 15 Section 15. 15.197 (11n) (a) 3. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,8,13 15.197 (11n) (a) 3. The secretary of education state superintendent of public instruction.