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2013 - 2014 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO SENATE BILL 317
October 15, 2013 - Offered by Senators Schultz and Miller.
SB317-SSA2,1,3 1An Act to amend 118.51 (13); and to repeal and recreate 118.134 of the
2statutes; relating to: race-based nicknames, logos, mascots, and team names,
3granting rule-making authority, and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB317-SSA2,1 4Section 1. 118.134 of the statutes is repealed and recreated to read:
SB317-SSA2,1,6 5118.134 Race-based nicknames, logos, mascots, and team names. (1)
6In this section:
SB317-SSA2,1,77 (a) "Council" means the Great Lakes Inter-Tribal Council, Inc.
SB317-SSA2,1,108 (b) "Identified nickname, logo, mascot, or team name" means a nickname, logo,
9mascot, or team name that the state superintendent determines may be race-based
10under sub. (2).
SB317-SSA2,2,3
1(2) No later than June 30, 2014, the state superintendent shall identify each
2school board that uses a nickname, logo, mascot, or team name that the state
3superintendent determines may be race-based.
SB317-SSA2,2,7 4(3) Except as provided in sub. (6) (a), a school board identified under sub. (2)
5shall conduct a review process to determine whether the school board's use of an
6identified nickname, logo, mascot, or team name promotes discrimination,
7harassment, or stereotyping that includes all of the following:
SB317-SSA2,2,108 (a) Issuance of a public notice stating that the school board is required to
9conduct a review process under this subsection and that provides a description,
10including a timeline, of the review process.
SB317-SSA2,2,1411 (b) An initial comment period during which interested parties may submit to
12the school board or to the state superintendent evidence related to whether the
13school board's use of an identified nickname, logo, mascot, or team name promotes
14discrimination, harassment, or stereotyping.
SB317-SSA2,2,1815 (c) A 2nd comment period during which all evidence received by the school
16board and the state superintendent under par. (b) is made available to the public for
17review and during which interested parties may submit additional comments to the
18school board.
SB317-SSA2,3,2 19(4) (a) After completing the review process required under sub. (3), a school
20board shall review all of the evidence received by the school board and the state
21superintendent and shall issue a decision on whether the identified nickname, logo,
22mascot, or team name promotes discrimination, harassment, or stereotyping. If the
23school board finds that the identified nickname, logo, mascot, or team name
24promotes discrimination, harassment, or stereotyping, the school board shall

1terminate its use of the identified nickname, logo, mascot, or team name within 12
2months of the decision.
SB317-SSA2,3,83 (b) 1. In this paragraph, "extenuating circumstances" includes circumstances
4in which the costs of terminating the use of an identified nickname, logo, mascot, or
5team name pose an undue financial burden on the school district and circumstances
6in which the work or the requirements for bidding a contract to complete the work
7required to terminate the use cannot be completed within 12 months after the
8issuance of the decision under par. (a).
SB317-SSA2,3,179 2. a. If, after a decision is issued under par. (a), the school board presents
10evidence to the state superintendent that extenuating circumstances render
11termination of the use of the identified nickname, logo, mascot, or team name within
1212 months after the issuance of that decision impossible or impracticable, the state
13superintendent may issue an order to extend the time within which the school board
14must terminate its use of the identified nickname, logo, mascot, or team name.
15Except as provided in subd. 2. b., the extension may not exceed 24 months and shall
16apply only to those portions of the decision and order to which extenuating
17circumstances apply.
SB317-SSA2,4,218 b. The state superintendent may extend the time granted to a school board
19under subd. 2. a. if the school board presents evidence to the state superintendent
20that terminating the use of the identified nickname, logo, mascot, or team name may
21be accomplished through a regularly scheduled maintenance program and that the
22cost of compliance with that portion of the decision and order exceeds $5,000. The
23extension granted under this subd. 2. b. may not exceed 96 months and applies only
24to the termination of the school board's use of the identified nickname, logo, mascot,

1or team name that will be accomplished through the regularly scheduled
2maintenance program and that costs more than $5,000.
SB317-SSA2,4,43 (c) Decisions of the state superintendent under this subsection are subject to
4judicial review under ch. 227.
SB317-SSA2,4,14 5(5) (a) Upon receipt of a petition containing at least a number of signatures of
6school district electors equal to 10 percent of the school district's membership, as
7defined in s. 121.004 (5), in the previous school year, or at the request of an entity
8designated by the council to represent the interests of all of the federally recognized
9American Indian tribes and bands in this state, the division of hearings and appeals
10shall schedule a contested case hearing to hear an appeal of a school board decision
11under sub. (4) no later than 30 days after the petition or request is filed and shall
12issue a decision and order on the matter no later than 45 days after the hearing. For
13purposes of hearing an appeal under this paragraph, the division of hearings and
14appeals shall consider a school board to be an agency, as defined in s. 227.01 (1).
SB317-SSA2,4,1515 (b) Decisions under this subsection are subject to judicial review under ch. 227.
SB317-SSA2,4,23 16(6) (a) Notwithstanding sub. (3), the state superintendent may not require a
17school board to conduct a review process to determine whether the school board's use
18of an identified nickname, logo, mascot, or team name promotes discrimination,
19harassment, or stereotyping if the school board has entered into an agreement with
20an entity designated by the council to represent the interests of all of the federally
21recognized American Indian tribes and bands in this state under which the entity
22designated by the council approves the school board's use of the identified nickname,
23logo, mascot, or team name.
SB317-SSA2,5,524 (b) Notwithstanding subs. (4) and (5), a school board identified under sub. (2)
25may continue to use or reinstate the use of an identified nickname, logo, mascot, or

1team name if the school board enters into an agreement with an entity designated
2by council to represent the interests of all of the federally recognized American
3Indian tribes and bands in this state under which the entity designated by council
4approves the school board's use of the identified nickname, logo, mascot, or team
5name.
SB317-SSA2,5,7 6(7) The state superintendent shall promulgate rules necessary to implement
7and administer this section, including rules related to all of the following:
SB317-SSA2,5,108 (a) A procedure to accept evidence from interested parties related to whether
9a school board's use of an identified nickname, logo, mascot, or team name promotes
10discrimination, harassment, or stereotyping.
SB317-SSA2,5,1411 (b) A procedure for a school board and the state superintendent to exchange and
12compile all evidence received during an initial comment period under sub. (3) into
13a complete single exhibit of evidence that is in a uniform format and is accessible to
14the public before the beginning of the 2nd comment period.
SB317-SSA2,5,1615 (c) A minimum and maximum time period for the initial and 2nd comment
16period under sub. (3).
SB317-SSA2,5,1817 (d) The maximum number of days that a school board may review evidence
18received during the review process before issuing a decision under sub. (4).
SB317-SSA2,5,22 19(8) Any school board that uses a race-based nickname, logo, mascot, or team
20name in violation of sub. (4) shall forfeit not less than $100 nor more than $1,000.
21Each day of use of the race-based nickname, logo, mascot, or team name in violation
22of sub. (4) constitutes a separate violation.
SB317-SSA2,6,2 23(9) (a) No school district is required to comply with a decision and order issued
24under s. 118.134 (3), 2011 stats., before the effective date of this paragraph .... [LRB

1inserts date], to terminate the use of a race-based nickname, logo, mascot, or team
2name.
SB317-SSA2,6,63 (b) The state superintendent may not assess or collect a forfeiture for a school
4board's use of a race-based nickname, logo, mascot, or team name that that violates
5a decision and order issued under s. 118.134 (3), 2011 stats., before the effective date
6of this paragraph .... [LRB inserts date].
SB317-SSA2,2 7Section 2. 118.51 (13) of the statutes is amended to read:
SB317-SSA2,6,128 118.51 (13) Rights and privileges of nonresident pupils. Except as provided
9in s. 118.134 (3m), a
A pupil attending a public school in a nonresident school district
10under this section has all of the rights and privileges of pupils residing in that school
11district and is subject to the same rules and regulations as pupils residing in that
12school district.
SB317-SSA2,3 13Section 3. Nonstatutory provisions.
SB317-SSA2,6,1714 (1) A complaint objecting to the use of a race-based nickname, logo, mascot, or
15team name filed with the state superintendent of public instruction before the
16effective date of this subsection for which a decision and order has not been issued
17under section 118.134 (3), 2011 stats., is void.
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