AB1102: Bill Text

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.

AB1102, s. 16 Section 16. 15.197 (23) (a) 9. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,8,18 15.197 (23) (a) 9. One member who has knowledge of the problems of gang influence and gang violence in public schools, appointed by the secretary of education state superintendent of public instruction.

AB1102, s. 17 Section 17. 15.227 (24) (a) 4. of the statutes, as affected by 1995 Wisconsin Act 27, is repealed and recreated to read:

AB1102,8,22 15.227 (24) (a) 4. The state superintendent of public instruction or the state superintendent's designee.

AB1102, s. 18 Section 18. 15.347 (4) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,9,2 15.347 (4) (c) One from the department of education public instruction, appointed by the secretary of education state superintendent of public instruction.

AB1102, s. 19 Section 19. 15.37 of the statutes, as affected by 1995 Wisconsin Act 27, is repealed and recreated to read:

AB1102,9,7 15.37 Department of public instruction; creation. There is created a department of public instruction under the direction and supervision of the state superintendent of public instruction.

AB1102, s. 20 Section 20. 15.374 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,9,13 15.374 (1) Office of educational accountability. There is created an office of educational accountability in the department of education public instruction. The director of the office shall be appointed by the secretary of education state superintendent of public instruction.

AB1102, s. 21 Section 21. 15.375 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,9,25 15.375 (1) American Indian language and culture education board. There is created an American Indian language and culture education board which is attached to the department of education public instruction under s. 15.03. The board shall consist of 13 members appointed by the governor for staggered 4-year terms from recommendations made by the various Indian tribes, bands and organizations in this state. The members shall include parents or guardians of American Indian children, American Indian teachers, school administrators, a school board member, persons involved in programs for American Indian children and persons experienced in the training of teachers for American Indian language and culture education programs. Members shall be appointed so as to be representative of all the American Indian tribes, bands and organizations in this state. In addition to its duties under subch. IV of ch. 115, the board shall advise the secretary of education state superintendent of public instruction, the board of regents of the university of Wisconsin system, the higher educational aids board and the technical college system board on all matters relating to the education of American Indians. The board does not have rule-making authority.

AB1102, s. 22 Section 22. 15.375 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,10,19 15.375 (2) School district boundary appeal board. There is created a school district boundary appeal board in the department of education public instruction. The board shall consist of 12 school board members appointed by the secretary of education state superintendent of public instruction for staggered 2-year terms and the secretary of education state superintendent of public instruction or his or her designee. Four board members shall be school board members of school districts with small enrollments, 4 board members shall be school board members of school districts with medium enrollments and 4 board members shall be school board members of school districts with large enrollments. No 2 school board members of the board may reside within the boundaries of the same cooperative educational service agency.

AB1102, s. 23 Section 23. 15.375 (3) (b) 1. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,10,23 15.375 (3) (b) 1. The secretary of education state superintendent of public instruction.

AB1102, s. 24 Section 24. 15.375 (3) (b) 6. (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,11,3 15.375 (3) (b) 6. (intro.) One member, appointed for a 3-year term by the secretary of education state superintendent of public instruction, to represent each of the following:

AB1102, s. 25 Section 25. 15.377 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,11,15 15.377 (1) Council on the education of the blind. There is created in the department of education public instruction a council on the education of the blind consisting of 3 members, who shall be visually handicapped and shall have a recognized interest in and a demonstrated knowledge of the problems of the visually handicapped, appointed by the secretary of education state superintendent of public instruction for staggered 6-year terms. "Visually handicapped" means having a) a visual acuity equal to or less than 20/70 in the better eye with correcting lenses, or b) a visual acuity greater than 20/70 in the better eye with correcting lenses, but accompanied by a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees.

AB1102, s. 26 Section 26. 15.377 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,11,25 15.377 (3) Council on instructional telecommunications. There is created in the department of education public instruction a council on instructional telecommunications. The secretary of education state superintendent of public instruction shall appoint one member to represent each of the cooperative educational service agencies, from nominations made by the boards of control of the cooperative educational service agencies, and 2 members to represent private primary and secondary educational institutions. Council members shall be appointed for 4-year terms.

AB1102, s. 27 Section 27. 15.377 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,12,13 15.377 (4) Council on exceptional education. There is created in the department of education public instruction a council on exceptional education consisting of 15 members appointed by the secretary of education state superintendent of public instruction for 3-year terms. No more than 7 members of the council may be persons who do not have children with exceptional educational needs and who are representatives of the state, school districts, county handicapped children's education boards or cooperative educational service agencies. At least 5 members of the council shall be parents or guardians of a child with exceptional educational needs, at least one member of the council shall be a school board member, at least one member shall be a certified teacher of regular education as defined in s. 115.76 (9) and at least one member shall be a certified teacher of special education.

AB1102, s. 28 Section 28. 15.377 (6) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,13,2 15.377 (6) Council on library and network development. There is created in the department of education public instruction a council on library and network development composed of 15 members. Seven of the members shall be library science, audiovisual and informational science professionals representative of various types of libraries and information services, including public libraries, public library systems, school libraries, public and private academic libraries, special libraries and library educators. Eight of the members shall be public members who have demonstrated an interest in libraries or other types of information services. The members of the council shall be appointed for 3-year terms. The council shall meet 6 times annually and shall also meet on the call of the secretary of education state superintendent of public instruction, and may meet at other times on the call of the chairperson or a majority of its members.

AB1102, s. 29 Section 29. 15.377 (7m) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,13,15 15.377 (7m) Council on suicide prevention. There is created a council on suicide prevention in the department of education public instruction. The council shall consist of 2 persons appointed by the secretary of education state superintendent of public instruction, at least one of whom is not an employe of the department of education public instruction, 2 persons appointed by the secretary of health and social services, at least one of whom is not an employe of the department of health and social services, one person and one physician appointed jointly by the secretary of education state superintendent of public instruction and the secretary of health and social services and one person appointed by the executive staff director of the office of justice assistance in the department of administration. Members shall be appointed for 3-year terms.

AB1102, s. 30 Section 30. 15.377 (8) of the statutes is created to read:

AB1102,14,6 15.377 (8) Council on financial aids. There is created in the department of public instruction a council on financial aids. The council shall consist of 7 students and 7 financial aid administrators. The higher educational aids board shall establish appropriate procedures for the selection of students by representative student groups. To represent the University of Wisconsin System, 3 students shall be selected. To represent technical college institutions, 2 students shall be selected. To represent private institutions of higher education, 2 students shall be selected. Insofar as practicable, the student selection procedures shall provide that within a reasonable period of time students from all institutions have an opportunity to serve on the council. The Wisconsin Association of Student Financial Aids Administrators shall select financial aids administrators. To represent the University of Wisconsin System, 3 financial aids administrators shall be selected. To represent technical college institutions, 2 financial aids administrators shall be selected. To represent private institutions of higher education, 2 financial aids administrators shall be selected.

AB1102, s. 31 Section 31. 15.57 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,14,11 15.57 (1) The secretary of administration, the secretary of education state superintendent of public instruction, the president of the university of Wisconsin system and the director of the technical college system board, or their designees.

AB1102, s. 32 Section 32. 15.67 of the statutes is renumbered 15.375 (4) and amended to read:

AB1102,15,7 15.375 (4) (title) Higher educational aids board; creation. There is created a higher educational aids board consisting which is attached to the department of public instruction under s. 15.03. The board shall consist of the state superintendent of public instruction and 18 members, appointed to serve at the pleasure of the governor. To represent public institutions of higher education, the governor shall appoint 3 members of the board of regents of the university of Wisconsin system, 2 members of the technical college system board, one student enrolled at least half-time and in good academic standing at an institution or center within the university of Wisconsin system who is at least 18 years old and a resident of this state and one student enrolled at least half-time and in good academic standing at a technical college who is at least 18 years old and a resident of this state. To represent private institutions of higher education, the governor shall appoint 5 members of boards of trustees of independent colleges and universities in this state and one student enrolled at least half-time and in good academic standing at a private institution of higher education located in this state who is at least 18 years old and a resident of this state. The governor shall appoint 5 members to represent the general public. If a student member loses the status upon which the appointment was based, he or she shall cease to be a member of the higher educational aids board upon appointment to the higher educational aids board of a qualified successor.

AB1102, s. 33 Section 33. 15.707 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,15,18 15.707 (1) Historical markers council. There is created in the historical society a historical markers council. The council shall consist of the director of the historical society, the secretary of education state superintendent of public instruction, the secretary of transportation, the secretary of natural resources, the secretary of tourism, the secretary of veterans affairs, the chairperson of the historic preservation review board, the president of the Wisconsin trust for historic preservation and the president of the Wisconsin council for local history, or their designees. The director of the historical society or a designee shall serve as secretary of the council.

AB1102, s. 34 Section 34. 15.945 (1) of the statutes is amended to read:

AB1102,16,8 15.945 (1) Educational approval board. There is created an educational approval board which is attached to the technical college system board under s. 15.03. The board shall consist of not more than 7 6 members, who shall be representatives of state agencies and other persons with a demonstrated interest in educational programs appointed to serve at the pleasure of the governor appointed for 6-year terms, and a student enrolled at least half-time and in good academic standing at a proprietary school approved by the board who is at least 18 years old and a resident of this state, appointed for a 2-year term. One member shall be a representative of a proprietary school approved by the board and one member shall be a person who has served on active duty under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces. If the student member loses the status upon which the appointment was based, he or she shall cease to be a member of the board upon appointment to the board of a qualified successor.

AB1102, s. 35 Section 35. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB1102, s. 36 Section 36. 20.255 (title) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,16,13 20.255 (title) Education Public instruction, department of.

AB1102, s. 37 Section 37. 20.255 (2) (ed) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,17,2 20.255 (2) (ed) (title) Youth service centers, truancy abatement and burglary suppression. The amounts in the schedule for youth service centers, truancy abatement and burglary suppression under 1993 Wisconsin Act 16, section 9145 (1t) (b). No moneys may be encumbered under this paragraph after June 30, 1996 s. 119.55 (1).

AB1102, s. 38 Section 38. 20.255 (2) (r) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,17,9 20.255 (2) (r) Driver education; local assistance. From the transportation fund, the amounts in the schedule to be distributed to school districts which operate driver education courses in accordance with s. 121.41 (1). The distribution shall be made to school districts upon such reports in such form and containing such information as the department of education state superintendent of public instruction requires.

AB1102, s. 39 Section 39. 20.255 (3) (ec) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,17,14 20.255 (3) (ec) Wisconsin geography alliance. The amounts in the schedule for payments to the Wisconsin geography alliance under s. 115.28 (27). No money may be encumbered from the appropriation under this paragraph after June 30, 1996.

AB1102, s. 40 Section 40. 20.255 (4) (g) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 20.292 (2) (g).

AB1102, s. 41 Section 41. 20.255 (4) (m) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 20.292 (2) (m).

AB1102, s. 42 Section 42. 20.265 of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB1102, s. 43 Section 43. 20.435 (6) (hx) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1102,18,5 20.435 (6) (hx) Services for drivers, receipts. The amounts in the schedule for services for drivers. Of the moneys received from the driver improvement surcharge on court fines and forfeitures authorized under s. 346.655, 15% shall be credited to this appropriation. These moneys may be transferred to sub. (7) (hy) and ss. 20.255 (1) (hm), 20.285 (1) (ia) and 20.455 (5) (h) by the secretary of administration after consultation with the secretaries of health and social services, education and transportation, the state superintendent of public instruction, the attorney general and the president of the university of Wisconsin system.

AB1102, s. 44 Section 44. 20.566 (2) (b) of the statutes is created to read:

AB1102,18,9 20.566 (2) (b) Reimbursement to school districts of their notification costs. The amounts in the schedule to reimburse school districts for the costs incurred under s. 118.243.

AB1102, s. 45 Section 45. 20.866 (2) (zh) (title) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read: