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2013 - 2014 LEGISLATURE
October 2, 2013 - Introduced by Senators Lazich, Kedzie, Farrow, Ellis, Olsen and
Grothman, cosponsored by Representatives Nass, Craig, Kaufert, Jacque,
Tittl, Kramer, Knodl, Ballweg, Sanfelippo, Petersen, Loudenbeck,
August, Pridemore, Weatherston, Kuglitsch, Ripp, Schraa, Stroebel,
Murphy and LeMahieu. Referred to Committee on Government Operations,
Public Works, and Telecommunications.
SB317,1,9 1An Act to repeal 118.134 (1m) (a) 1., 118.134 (1m) (b) 2. and 118.134 (2) (b); to
2renumber and amend
118.134 (2) (a) and 118.134 (4); to consolidate,
3renumber and amend
118.134 (1m) (b) (intro.) and 1.; to amend 20.505 (4)
4(kp), 118.134 (1) (intro.), 118.134 (1) (a), 118.134 (1) (b), 118.134 (1m) (a) (intro.),
5118.134 (1m) (a) 2., 118.134 (1m) (a) 3., 118.134 (3) (a), 118.134 (3) (b) 2., 118.134
6(3) (c), 118.134 (3) (d) and 118.134 (5); and to create 118.134 (3r), 118.134 (4)
7(b), 227.43 (1) (bd), 227.43 (3) (br) and 227.43 (4) (br) of the statutes; relating
8to:
race-based nicknames, logos, mascots, and team names and making an
9appropriation.
Analysis by the Legislative Reference Bureau
Under current law, a school district resident may object to a school board's use
of a race-based nickname, logo, mascot, or team name by filing a complaint with the
state superintendent of public instruction (state superintendent). If a complaint is
received, the state superintendent must hold a hearing on the complaint, at which
the school board has the burden of proving by clear and convincing evidence that the
use of the race-based nickname, logo, mascot, or team name does not promote
discrimination, pupil harassment, or stereotyping. However, the state

superintendent does not have to hold a hearing if a school board demonstrates that
the use of a nickname, logo, mascot, or team name relates to a specific federally
recognized American Indian tribe and the specific tribe has approved the school
board's use of the nickname, logo, mascot, or team name.
Currently, if the state superintendent finds that the use of the race-based
nickname, logo, mascot, or team name promotes discrimination, pupil harassment,
or stereotyping, the state superintendent must order the school board to terminate
its use of the nickname, logo, mascot, or team name within 12 months after issuance
of the order. However, the state superintendent may extend the amount of time a
school board has to comply with an order to terminate the use of a nickname, logo,
mascot, or team name under certain circumstances. A school board that uses a
race-based nickname, logo, mascot, or team name in violation of an order is subject
to a forfeiture of not less than $100 nor more than $1,000 for each day that it violates
the order.
This bill makes various changes to the complaint process for objecting to a
school board's use of a race-based nickname, logo, mascot, or team name. First,
under the bill, a complaint to object to the use of a race-based nickname, logo,
mascot, or team name must include the signatures of at least the number of school
district residents that is equal to ten percent of the school district's membership and
the signatures must be obtained within the 120-day period before the complaint is
filed. Second, the bill requires the division of hearings and appeals, rather than the
state superintendent, to hold a hearing on a complaint objecting to the use of a
race-based nickname, logo, mascot, or team name. Third, the bill reverses the
burden of proof at a hearing challenging the use of a race-based nickname, logo,
mascot, or team name so that the burden is on the school district resident to
demonstrate that the nickname, logo, mascot, or team name promotes
discrimination, pupil harassment, or stereotyping. Fourth, the bill allows the state
superintendent to forego a hearing if a school board demonstrates that a federally
recognized American Indian tribe that has historical ties to this state has, under an
agreement with the school board, approved the school board's use. Fifth, the bill
prohibits the state superintendent from promulgating a rule that creates a
presumption of what constitutes a race-based nickname, logo, mascot, or team name
that promotes discrimination, pupil harassment, or stereotyping. Sixth, the bill
prohibits the enforcement of a decision or order to terminate the use of a race-based
nickname, logo, mascot, or team name that is based on a complaint filed before the
effective date of the bill, including the collection or assessment of any forfeiture based
on such decision or order. Finally, the bill prohibits a school district from being a
member of an interscholastic athletic association that bars a member from using a
race-based nickname, logo, mascot, or team name, unless the use violates a decision
or order to terminate the use and the decision or order is issued after the effective
date of the bill.

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:
SB317,1 1Section 1. 20.505 (4) (kp) of the statutes is amended to read:
SB317,3,72 20.505 (4) (kp) Hearings and appeals fees. The amounts in the schedule for
3hearings and appeals services to the department of health services under s. 227.43
4(1) (bu), the department of children and families under s. 227.43 (1) (by), the
5department of public instruction under s. 227.43 (1) (bd),
and to all agencies under
6s. 227.43 (1m). All moneys received from the fees charged under s. 227.43 (3) (br),
7(c), (d), and (e) shall be credited to this appropriation account.
SB317,2 8Section 2. 118.134 (1) (intro.) of the statutes is amended to read:
SB317,3,209 118.134 (1) (intro.) Notwithstanding s. 118.13 and except as provided in sub.
10(3m), a school district resident may object to the use of a race-based nickname, logo,
11mascot, or team name by the school board of that school district by filing a complaint
12containing a number of signatures of school district electors equal to at least 10
13percent of the school district's membership, as defined in s. 121.004 (5),
with the state
14superintendent. If the complainant objects to the use of a nickname or team name
15by the school board, the state superintendent shall immediately review the
16complaint and determine whether the use of the nickname or team name by the
17school board, alone or in connection with a logo or mascot, is ambiguous as to whether
18it is race-based.
A signature on a complaint is valid only if the signature is obtained
19within the 120-day period before the complaint is filed with the state
20superintendent.
The state superintendent shall do all of the following:
SB317,3 21Section 3. 118.134 (1) (a) of the statutes is amended to read:
SB317,4,4
1118.134 (1) (a) Notify the school board of the receipt of the complaint and of the
2state superintendent's determination regarding whether the use of the nickname or
3team name is ambiguous as to whether it is race-based and
direct the school board
4to submit, if applicable, any of the information under sub. (1m) (a).
SB317,4 5Section 4. 118.134 (1) (b) of the statutes is amended to read:
SB317,4,96 118.134 (1) (b) Except as provided in sub. (1m), schedule refer the complaint
7to the division of hearings and appeals for
a contested case hearing within 45 days
8after the complaint is filed
. The division of hearing and appeals shall schedule a
9hearing on the referred complaint with reasonable promptness
.
SB317,5 10Section 5. 118.134 (1m) (a) (intro.) of the statutes is amended to read:
SB317,4,1511 118.134 (1m) (a) (intro.) The state superintendent may determine that no
12contested case hearing is necessary or that a hearing date may be postponed for the
13purpose of obtaining additional information from the school board
if, no later than
1410 days after being notified of the receipt of the complaint, the school board submits
15evidence to the state superintendent that demonstrates all of the following:
SB317,6 16Section 6. 118.134 (1m) (a) 1. of the statutes is repealed.
SB317,7 17Section 7. 118.134 (1m) (a) 2. of the statutes is amended to read:
SB317,4,2418 118.134 (1m) (a) 2. The A federally recognized American Indian tribe under
19subd. 1.
that has historical ties to this state has granted entered into an agreement
20with the school board under which the tribe grants
approval to the school board to
21refer to or, depict, or portray the tribe or American Indians, in general, in a specific
22nickname, logo, or mascot or to use the name of the tribe or American Indians, in
23general,
as a team name in the specific manner used by the school board and has not
24rescinded that approval
.
SB317,8 25Section 8. 118.134 (1m) (a) 3. of the statutes is amended to read:
SB317,5,3
1118.134 (1m) (a) 3. The use of the nickname, logo, mascot, or team name that
2has been approved by the a tribe as provided in under subd. 2. is the use to which the
3school district resident objects in the complaint filed under sub. (1).
SB317,9 4Section 9. 118.134 (1m) (b) (intro.) and 1. of the statutes are consolidated,
5renumbered 118.134 (1m) (b) and amended to read:
SB317,5,116 118.134 (1m) (b) (intro.) If the state superintendent does any of the following
7determines that a contested case hearing is not necessary, the state superintendent
8shall notify the school district resident who filed the complaint under sub. (1) and the
9school board of his or her decision in writing: 1. Determines that a contested case
10hearing is not necessary
. A decision under this subdivision is subject to judicial
11review under ch. 227.
SB317,10 12Section 10. 118.134 (1m) (b) 2. of the statutes is repealed.
SB317,11 13Section 11. 118.134 (2) (a) of the statutes is renumbered 118.134 (2) and
14amended to read:
SB317,5,1915 118.134 (2) Except as provided in par. (b), at At the hearing, the school board
16district resident who filed the complaint under sub. (1) has the burden of proving by
17clear and convincing evidence that the use of the race-based nickname, logo, mascot,
18or team name does not promote promotes discrimination, pupil harassment, or
19stereotyping, as defined by the state superintendent by rule.
SB317,12 20Section 12. 118.134 (2) (b) of the statutes is repealed.
SB317,13 21Section 13. 118.134 (3) (a) of the statutes is amended to read:
SB317,6,722 118.134 (3) (a) The state superintendent division of hearings and appeals shall
23issue a decision and order within 45 days after the hearing. If the state
24superintendent
division of hearings and appeals finds that the use of the race-based
25nickname, logo, mascot, or team name does not promote discrimination, pupil

1harassment, or stereotyping, the state superintendent division of hearings and
2appeals
shall dismiss the complaint. Except as provided in pars. (b) and (d), if the
3state superintendent division of hearings and appeals finds that the use of the
4race-based nickname, logo, mascot, or team name promotes discrimination, pupil
5harassment, or stereotyping, the state superintendent division of hearings and
6appeals
shall order the school board to terminate its use of the race-based nickname,
7logo, mascot, or team name within 12 months after issuance of the order.
SB317,14 8Section 14. 118.134 (3) (b) 2. of the statutes is amended to read:
SB317,6,189 118.134 (3) (b) 2. a. If, at the hearing under sub. (2) or after a decision and order
10have been issued under par. (a), the school board presents evidence to the state
11superintendent
division of hearings and appeals that extenuating circumstances
12render full compliance with the decision and order within 12 months after the
13issuance of that decision and order impossible or impracticable, the state
14superintendent
division of hearings and appeals may issue an order to extend the
15time within which the school board must terminate its use of the race-based
16nickname, logo, mascot, or team name. Except as provided in subd. 2. b., the
17extension may not exceed 24 months and shall apply only to those portions of the
18decision and order to which extenuating circumstances apply.
SB317,7,219 b. The state superintendent division of hearings and appeals may extend the
20time granted to a school board under subd. 2. a. if the school board presents evidence
21to the state superintendent division of hearings and appeals that compliance with
22a portion of the decision and order issued under par. (a) may be accomplished through
23a regularly scheduled maintenance program and that the cost of compliance with
24that portion of the decision and order exceeds $5,000. The extension granted under
25this subd. 2. b. may not exceed 96 months and applies only to that portion of the

1decision and order with which compliance will be accomplished through the
2regularly scheduled maintenance program and that costs more than $5,000.
SB317,15 3Section 15. 118.134 (3) (c) of the statutes is amended to read:
SB317,7,74 118.134 (3) (c) Decisions of the state superintendent under this subsection are
5subject to judicial review under ch. 227. The venue for a proceeding to review a
6decision under this section is the circuit court in any county in which territory of the
7school district is located.
SB317,16 8Section 16. 118.134 (3) (d) of the statutes is amended to read:
SB317,7,139 118.134 (3) (d) No school district is required by to comply with a decision and
10order issued under this subsection on or before July 1, 2011 the effective date of this
11paragraph .... [LRB inserts date]
, to terminate the use of a race-based nickname,
12logo, mascot, or team name shall be required to comply with the terms of that decision
13and order until January 15, 2013
.
SB317,17 14Section 17. 118.134 (3r) of the statutes is created to read:
SB317,7,1915 118.134 (3r) A school district may not be a member of an interscholastic
16athletic association that prohibits the use of a nickname, logo, mascot, or team name
17on the basis that the nickname, logo, mascot, or team name is race-based unless the
18use of the nickname, logo, mascot, or team name violates a decision and order issued
19under sub. (3) on or after the effective date of this subsection .... [LRB inserts date].
SB317,18 20Section 18. 118.134 (4) of the statutes is renumbered 118.134 (4) (a) and
21amended to read:
SB317,7,2322 118.134 (4) (a) The Except as provided in par. (b), the state superintendent
23shall promulgate rules necessary to implement and administer this section.
SB317,19 24Section 19. 118.134 (4) (b) of the statutes is created to read:
SB317,8,3
1118.134 (4) (b) The state superintendent may not promulgate a rule that
2creates a presumption that a nickname, logo, mascot, or team name is race-based
3or promotes discrimination, pupil harassment, or stereotyping.
SB317,20 4Section 20. 118.134 (5) of the statutes is amended to read:
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