LRBs0685/2
ML/PG/JK/RC:all:lp
April 1998 Special Session
1997 - 1998 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 2
May 5, 1998 - Offered by Committee on Education and Financial Institutions.
SB2-SSA1,2,16
1An Act to repeal 5.58 (1g) (b), 119.06 (3) (intro.) and (a) and 119.07;
to renumber
25.60 (4) (b);
to renumber and amend 119.06 (3) (b);
to amend 5.58 (1g) (c),
35.58 (2) (a), 5.58 (3), 8.10 (3) (i), 8.15 (5) (a), 17.26 (2), 20.255 (2) (ac), 20.255 (2)
4(ec), 20.255 (2) (ed), 118.40 (1m) (a), 118.40 (5) (b), chapter 119 (title), 119.01,
5119.02 (intro.), 119.06 (4) (b), 119.06 (4) (c) and (d), 119.06 (5) and (6), 119.08 (1)
6(a) and (b), 119.08 (2) and (3), 119.08 (4), 119.10 (1), 119.10 (2), 121.02 (3), 121.15
7(3m) (b) and 121.15 (3m) (c);
to repeal and recreate 111.70 (4) (m) (intro.), 1.,
82. and 4., 118.40 (3) (c), 119.18 (23) and 119.235; and
to create 5.62 (4m), 5.64
9(4) (title), 8.15 (6) (f), 17.01 (8m), 17.125, 17.27 (3m), 20.255 (2) (fs), 111.70 (4)
10(cm) 2m., 118.01 (2) (e), subchapter I (title) of chapter 119 [precedes 119.01],
11119.07, 119.32 (8), 119.55 (3), 119.76, 119.83, subchapter II of chapter 119
12[precedes 119.90] and 121.85 (6) (h) of the statutes;
relating to: the
13composition and method of election of members of the board of school directors
1in 1st class city school systems; contract negotiation meetings between a board
2of school directors for a 1st class city school system and any labor organization
3recognized or certified to represent school district professional employes under
4the municipal employment relations act; reorganizing schools in a 1st class city
5school system and prohibiting collective bargaining with respect to
6reassignment of employes of a 1st class city school system; conversion of private
7schools to charter schools; educational service contracts between the board of
8school directors for a 1st class city school system and private schools and
9agencies; requiring the Milwaukee Public Schools to meet certain educational
10criteria, abolishing the board of school directors of the Milwaukee Public
11Schools and creating the Milwaukee Public Schools governing commission; the
12use of intradistrict transfer aid to build or lease public schools; contracts with
13the Boys and Girls Clubs of Greater Milwaukee to improve attendance at
14selected schools; the amount appropriated as general school aid; aid to the
15Milwaukee Public Schools for after-school programs; aid to Milwaukee Public
16Schools for summer school; and making appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB2-SSA1, s. 1
17Section
1. 5.58 (1g) (b) of the statutes is repealed.
SB2-SSA1, s. 2
18Section
2. 5.58 (1g) (c) of the statutes is amended to read:
SB2-SSA1,3,219
5.58
(1g) (c) The arrangement of candidates for school board seats shall be
20determined by the school district clerk
or the executive director of the city board of
21election commissioners by the drawing of lots not later than the 2nd Tuesday in
22January, or the next day if the first Tuesday is a holiday. The method of determining
1arrangement shall be the same as provided in s. 5.60 (1) (b). Sufficient space shall
2be provided on the ballot for write-in candidates.
SB2-SSA1, s. 3
3Section
3. 5.58 (2) (a) of the statutes is amended to read:
SB2-SSA1,3,144
5.58
(2) (a) There shall be one separate ballot for state superintendent, judicial
5officers, county executive under s. 59.17 and county supervisor. In counties having
6a population of 500,000 or more, the ballot also shall include those offices under s.
78.11 (2)
and (2m). The arrangement of names of candidates for state superintendent,
8justice, court of appeals judge and circuit court judge shall be determined by the
9board in the manner specified in s. 5.60 (1) (b). Arrangement of the names of
10candidates for county executive and county supervisor shall be determined by the
11county clerk or by the executive director of the county board of election
12commissioners in the manner specified in s. 5.60 (1) (b). The ballot shall be titled
13"Official Ballot for State Superintendent of Public Instruction, Judicial, County
14Executive and County Supervisor Primary".
SB2-SSA1, s. 4
15Section
4. 5.58 (3) of the statutes is amended to read:
SB2-SSA1,4,616
5.58
(3) Names on spring ballot. Only 2 candidates for state superintendent,
17for any judicial office, for any elected seat on a metropolitan sewerage commission
18or town sanitary district commission, in counties having a population of 500,000 or
19more only 2 candidates for member of the board of supervisors within each district,
20in counties having a population of less than 500,000 only 2 candidates for each
21member of the county board of supervisors from each district or numbered seat or
22only 4 candidates for each 2 members of the county board of supervisors from each
23district whenever 2 supervisors are elected to unnumbered seats from the same
24district,
in 1st class cities only 2 candidates for any at-large seat and only 2
25candidates from any election district to be elected to the board of school directors, in
1school districts electing school board members to numbered seats, or pursuant to an
2apportionment plan or district representation plan, only 2 school board candidates
3for each numbered seat or within each district, and twice as many candidates as are
4to be elected members of other school boards or other elective officers receiving the
5highest number of votes at the primary shall be nominees for the office at the spring
6election. Only their names shall appear on the official spring ballot.
SB2-SSA1, s. 5
7Section
5. 5.60 (4) (b) of the statutes is renumbered 5.64 (4).
SB2-SSA1, s. 6
8Section
6. 5.62 (4m) of the statutes is created to read:
SB2-SSA1,4,119
5.62
(4m) (a) In 1st class cities, there shall be a separate ballot for school
10district officers when so required, giving the names of the candidates for any seat to
11be filled on the board of school directors at large and from any election district.
SB2-SSA1,4,1612
(b) The arrangement of the names of the candidates for seats on the board of
13school directors shall be determined by the executive director of the city board of
14election commissioners by the drawing of lots not later than the 3rd Tuesday in July.
15The method of determining arrangement shall be the same as provided in s. 5.60 (1)
16(b). Sufficient space shall be provided on the ballot for write-in candidates.
SB2-SSA1,4,2017
(c) Only the 2 candidates for election to the board of school directors receiving
18the highest numbers of votes at large and within each election district at the primary
19shall be nominees for the board of school directors at the general election. Only their
20names shall appear on the official general election ballot.
SB2-SSA1, s. 7
21Section
7. 5.64 (4) (title) of the statutes is created to read:
SB2-SSA1,4,2222
5.64
(4) (title)
First class city school board.
SB2-SSA1, s. 8
23Section
8. 8.10 (3) (i) of the statutes is amended to read:
SB2-SSA1,5,324
8.10
(3) (i) For city offices in 1st class cities, not less than 1,500 nor more than
253,000 electors for city-wide offices, not less than 200 nor more than 400 electors for
1alderpersons elected from aldermanic districts
and not less than 400 nor more than
2800 electors for members of the board of school directors elected from election
3districts.
SB2-SSA1, s. 9
4Section
9. 8.15 (5) (a) of the statutes is amended to read:
SB2-SSA1,5,65
8.15
(5) (a)
Each Except as provided in ss. 119.06 (4) (c) and 119.08 (2), each 6nomination paper shall have substantially the following words printed at the top:
SB2-SSA1,5,157
I, the undersigned, request that the name of (insert candidate's last name plus
8first name, nickname or initial, and middle name, former legal surname, nickname
9or middle initial or initials if desired, but no other abbreviations or titles) residing
10at (insert candidate's street address) be placed on the ballot at the (general or special)
11election to be held on (date of election) as a candidate representing the (name of
12party) so that voters will have the opportunity to vote for (him or her) for the office
13of (name of office). I am eligible to vote in (name of jurisdiction or district in which
14candidate seeks office). I have not signed the nomination paper of any other
15candidate for the same office at this election.
SB2-SSA1, s. 10
16Section
10. 8.15 (6) (f) of the statutes is created to read:
SB2-SSA1,5,2017
8.15
(6) (f) In 1st class cities, not less than 1,500 nor more than 3,000 electors
18for member of the board of school directors elected at large, and not less than 400 nor
19more than 800 electors for member of the board of school directors elected from an
20election district.
SB2-SSA1, s. 11
21Section
11. 17.01 (8m) of the statutes is created to read:
SB2-SSA1,5,2322
17.01
(8m) By a commissioner appointed under s. 119.92 (1), to the appointing
23authority.
SB2-SSA1,6,3
117.125 Removal of Milwaukee Public Schools commissioners. 2Notwithstanding s. 17.12 (1), a commissioner appointed under s. 119.92 (1) may be
3removed at the pleasure of the appointing authority.
SB2-SSA1,6,65
17.26
(2) In a 1st class city school district
operating under subch. I of ch. 119,
6by special election as provided under s. 119.08 (4).
SB2-SSA1, s. 14
7Section
14. 17.27 (3m) of the statutes is created to read:
SB2-SSA1,6,108
17.27
(3m) Milwaukee Public Schools governing commission. A vacancy in
9the membership of the Milwaukee Public Schools governing commission shall be
10filled by the appointing authority.
SB2-SSA1,6,1813
20.255
(2) (ac)
General equalization aids. A sum sufficient for the payment of
14educational aids under ss. 121.08, 121.09 and 121.105 and subch. VI of ch. 121 equal
15to $3,318,488,800 in the 1997-98 fiscal year
, equal to $3,485,173,800 in the 1998-99
16fiscal year and equal to the amount determined by the joint committee on finance
17under s. 121.15 (3m) (c) in each fiscal year thereafter, less the amount appropriated
18under par. (bi).
SB2-SSA1,7,521
20.255
(2) (ec)
Aid to Milwaukee public schools. The amounts in the schedule
22to correct the academic deficiencies of educationally and economically
23disadvantaged pupils
, to create after-school educational, recreational and health
24programs, and to achieve a more effective and responsive educational program in the
25school district operating under ch. 119. In the 1993-94 fiscal year and in each fiscal
1year thereafter, the amount in the schedule shall be distributed according to the
2spending plan under s. 119.80. The department of public instruction may not
3distribute any funds in the appropriation under this paragraph in the 1993-94 fiscal
4year or in any fiscal year thereafter until the spending plan for that fiscal year has
5been approved under s. 119.80.
SB2-SSA1, s. 17
6Section
17. 20.255 (2) (ed) of the statutes is amended to read:
SB2-SSA1,7,117
20.255
(2) (ed) (title)
Youth service centers, truancy Truancy abatement and
8burglary suppression. The amounts in the schedule for
youth service centers, 9truancy abatement and burglary suppression under
1993 Wisconsin Act 16, section
109145 (1t) (b) s. 119.55 (3). No moneys may be encumbered under this paragraph after
11June 30,
1996 2000.
SB2-SSA1, s. 18
12Section
18. 20.255 (2) (fs) of the statutes is created to read:
SB2-SSA1,7,1513
20.255
(2) (fs)
Summer school; 1st class city school districts. A sum sufficient
14to pay 50% of the costs of summer school in the school district operating under ch.
15119, as provided in s. 119.83.
SB2-SSA1, s. 19
16Section
19. 111.70 (4) (cm) 2m. of the statutes is created to read:
SB2-SSA1,7,2417
111.70
(4) (cm) 2m. `Open meetings.' The contract negotiation meetings
18between a board of school directors under ch. 119 and a labor organization recognized
19or certified to represent school district professional employes shall be open to the
20public at the request of either party or the parties jointly. This subdivision shall
21apply only to contract negotiation meetings that are conducted after the presentation
22of initial collective bargaining proposals under subd. 2. but before the
23commencement of mediation under subd. 3. Failure to comply with this subdivision
24is not cause to invalidate a collective bargaining agreement under this subchapter.
SB2-SSA1, s. 20
1Section
20. 111.70 (4) (m) (intro.), 1., 2. and 4. of the statutes are repealed and
2recreated to read:
SB2-SSA1,8,43
111.70
(4) (m)
Prohibited subjects of bargaining. (intro.) In a school district,
4the municipal employer is prohibited from bargaining collectively with respect to:
SB2-SSA1,8,105
1. Reassignment of municipal employes who perform services for a board of
6school directors under ch. 119, with or without regard to seniority, as a result of a
7decision of the board of school directors to contract with an individual or group to
8operate a school as a charter school, as defined in s. 115.001 (1), or to convert a school
9to a charter school, or the impact of any such reassignment on the wages, hours or
10conditions of employment of the municipal employes who perform those services.
SB2-SSA1,8,1511
2. Reassignment of municipal employes who perform services for a board of
12school directors, with or without regard to seniority, as a result of the decision of the
13board to reorganize a school under s. 119.18 (23), or the impact of any such
14reassignment on the wages, hours or conditions of employment of the municipal
15employes who perform those services.
SB2-SSA1,8,1916
4. Any decision of a board of school directors to contract with a school or agency
17to provide educational programs under s. 119.235, or the impact of any such decision
18on the wages, hours or conditions of employment of the municipal employes who
19perform services for the board.
SB2-SSA1, s. 21
20Section
21. 118.01 (2) (e) of the statutes is created to read:
SB2-SSA1,8,2221
118.01
(2) (e)
Applicability. This subsection does not apply to the school district
22operating under subch. II of ch. 119.