Amendment AA7-AB751

LRBa2032/1

TKK:ahe

2015 - 2016 LEGISLATURE

ASSEMBLY AMENDMENT 7, TO ASSEMBLY BILL 751

February 9, 2016 - Offered by Representative Pope.

AB751-AA7,1,1 At the locations indicated, amend the bill as follows:

AB751-AA7,1,2 1. Page 2, line 1: before that line insert:

AB751-AA7,1,4 " Section 1b. 13.94 (intro.) of the statutes, as affected by 2015 Wisconsin Acts 2 and 55, is amended to read:

AB751-AA7,2,8 13.94 Legislative audit bureau. (intro.) There is created a bureau to be known as the "Legislative Audit Bureau," headed by a chief known as the "State Auditor." The bureau shall be strictly nonpartisan and shall at all times observe the confidential nature of any audit currently being performed. Subject to s. 230.35 (4) (a) and (f), the state auditor or designated employees shall at all times with or without notice have access to all departments and to any books, records or other documents maintained by the departments and relating to their expenditures, revenues, operations and structure, including specifically any such books, records, or other documents that are confidential by law, except as provided in sub. (4) and except that access to documents of counties, cities, villages, towns or school districts is limited to work performed in connection with audits authorized under sub. (1) (m) and except that access to documents of the opportunity schools and partnership programs under s. 119.33, subch. IX of ch. 115, and subch. II of ch. 119 is limited to work performed in connection with audits authorized under sub. (1) (os). In the discharge of any duty imposed by law, the state auditor may subpoena witnesses, administer oaths and take testimony and cause the deposition of witnesses to be taken as prescribed for taking depositions in civil actions in circuit courts.

AB751-AA7,1d Section 1d. 13.94 (1) (b) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB751-AA7,2,24 13.94 (1) (b) At the state auditor's discretion or as the joint legislative audit committee directs, audit the records of each department. Audits of the records of a county, city, village, town, or school district may be performed only as provided in par. (m). Audits of the records of the opportunity schools and partnership programs under s. 119.33, subch. IX of ch. 115, and subch. II of ch. 119 may be performed only as provided in par. (os). After completion of any audit under this paragraph, the bureau shall file with the chief clerk of each house of the legislature, the governor, the department of administration, the legislative reference bureau, the joint committee on finance, the legislative fiscal bureau, and the department audited, a detailed report of the audit, including the bureau's recommendations for improvement and efficiency and including specific instances, if any, of illegal or improper expenditures. The chief clerks shall distribute the report to the joint legislative audit committee, the appropriate standing committees of the legislature, and the joint committee on legislative organization.

AB751-AA7,1f Section 1f. 13.94 (1) (e) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB751-AA7,3,8 13.94 (1) (e) Make such special examinations of the accounts and financial transactions of any department, agency or officer as the legislature, joint legislative audit committee or joint committee on legislative organization directs. Examinations of the accounts and transactions of a county, city, village, town, or, subject to par. (os), of a school district, may be performed only as authorized in par. (m).

AB751-AA7,1h Section 1h. 13.94 (1) (os) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB751-AA7,1j Section 1j. 13.94 (1s) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB751-AA7,3,18 13.94 (1s) (a) Except as otherwise provided in par. (c), the legislative audit bureau may charge any department for the reasonable cost of auditing services performed at the request of a department or at the request of the federal government that the bureau is not required to perform under sub. (1) (b) or (c) or any other law. This paragraph does not apply to counties, cities, villages, towns, or school districts or to the opportunity schools and partnership programs under sub. (1) (os).

AB751-AA7,1L Section 1L. 20.255 (2) (fs) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB751-AA7,1n Section 1n. 40.03 (2) (x) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB751-AA7,1p Section 1p. 59.17 (2) (b) 7. of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB751-AA7,1r Section 1r. 59.796 of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB751-AA7,1t Section 1t. 62.53 of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB751-AA7,1u Section 1u. 63.23 (1) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB751-AA7,4,14 63.23 (1) The city service commission shall classify all offices and positions in the city service, excepting those subject to the exemptions of s. 63.27 and those subject to an exclusion under s. 119.33 (2) (e) 1. or 119.9002 (5) (a), according to the duties and responsibilities of each position. Classification shall be so arranged that all positions which in the judgment of the commission are substantially the same with respect to authority, responsibility and character of work are included in the same class. From time to time the commission may reclassify positions upon a proper showing that the position belongs to a different class.

AB751-AA7,1w Section 1w. 66.0301 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB751-AA7,5,8 66.0301 (1) (a) Except as provided in pars. (b) and (c), in this section "municipality" means the state or any department or agency thereof, or any city, village, town, county, or school district, the opportunity schools and partnership programs under subch. IX of ch. 115 and subch. II of ch. 119, the superintendent of schools opportunity schools and partnership program under s. 119.33, or any public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under s. 59.70 (2), local exposition district created under subch. II of ch. 229, local professional baseball park district created under subch. III of ch. 229, local professional football stadium district created under subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229, long-term care district under s. 46.2895, water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district, regional planning commission, housing authority created under s. 66.1201, redevelopment authority created under s. 66.1333, community development authority created under s. 66.1335, or city-county health department.

AB751-AA7,1x Section 1x. 115.28 (10m) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB751-AA7,1y Section 1y. 115.28 (10o) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB751-AA7,1z Section 1z. Subchapter IX of chapter 115 [precedes 115.999] of the statutes, as created by 2015 Wisconsin Act 55, is repealed.".

AB751-AA7,5,15 2. Page 7, line 15: after that line insert:

AB751-AA7,5,17 " Section 19a. 118.125 (4) of the statutes, as affected by Wisconsin Act 55, is amended to read:

AB751-AA7,6,12 118.125 (4) Transfer of records. Within 5 working days, a school district, and a private school participating in the program under s. 118.60 or in the program under s. 119.23, and the governing body of a private school that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall transfer to another school, including a private or tribal school, or school district all pupil records relating to a specific pupil if the transferring school district or private school has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that the pupil has been placed in a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g). In this subsection, " school" and "school district" include any juvenile correctional facility, secured residential care center for children and youth, adult correctional institution, mental health institute, or center for the developmentally disabled that provides an educational program for its residents instead of or in addition to that which is provided by public, private, and tribal schools.

AB751-AA7,19b Section 19b. 118.30 (1g) (a) 3. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB751-AA7,6,23 118.30 (1g) (a) 3. The governing body of each private school participating in the program under s. 119.23 and the governing body of a private school that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall adopt pupil academic standards in mathematics, science, reading and writing, geography, and history. The governing body of the private school may adopt the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.

AB751-AA7,19c Section 19c. 118.30 (1s) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB751-AA7,7,7 118.30 (1s) (intro.) Annually, the governing body of each private school participating in the program under s. 119.23, other than a private school at which fewer than 20 pupils are attending the school under the program under s. 119.23, and the governing body of a private school that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall do all of the following:

AB751-AA7,19d Section 19d. 118.33 (1) (f) 2. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB751-AA7,7,18 118.33 (1) (f) 2. The operator of a charter school under s. 118.40 (2r) or (2x) that operates high school grades and an individual or group or a person that, pursuant to s. 115.999 (3), 119.33 (2) (c) 1. or 2., or 119.9002 (3) (a) or (b), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 and that operates high school grades shall develop and periodically review and revise a policy specifying criteria for granting a high school diploma. The criteria shall include the pupil's academic performance, successful completion of the civics test under sub. (1m) (a), and the recommendations of teachers.

AB751-AA7,19e Section 19e. 118.33 (1) (f) 2m. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB751-AA7,8,6 118.33 (1) (f) 2m. The governing body of each private school participating in the program under s. 119.23 and the governing body of a private school that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall develop and periodically review and revise a policy specifying criteria for granting a high school diploma to pupils attending the private school under s. 119.23 or the school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119. The criteria shall include the pupil's academic performance, successful completion of the civics test under sub. (1m) (a), and the recommendations of teachers.

AB751-AA7,19f Section 19f. 118.33 (1) (f) 3. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB751-AA7,9,2 118.33 (1) (f) 3. Neither a school board nor an operator of a charter school under s. 118.40 (2r) or (2x) nor an individual or group or person that, pursuant to s. 115.999 (3), 119.33 (2) (c) 1. or 2., or 119.9002 (3) (a) or (b), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 may grant a high school diploma to any pupil unless the pupil has satisfied the criteria specified in the school board's or charter school's policy under subd. 1. or 2. Neither the The governing body of a private school participating in the program under s. 119.23 nor a governing body of a private school that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 may not grant a high school diploma to any pupil attending the private school under s. 119.23 or the school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 unless the pupil has satisfied the criteria specified in the governing body's policy under subd. 2m. The governing body of a private school participating in the program under s. 118.60 may not grant a high school diploma to any pupil attending the private school under s. 118.60 unless the pupil has satisfied the criteria specified in the governing body's policy under subd. 2r.

AB751-AA7,19g Section 19g. 119.02 (1) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB751-AA7,9,7 119.02 (1) "Board" means the board of school directors in charge of the public schools of a city of the 1st class other than those public schools transferred to the opportunity schools and partnership programs under s. 119.33 or subch. II.

AB751-AA7,19h Section 19h. 119.02 (2g) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB751-AA7,19i Section 19i. 119.02 (4) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB751-AA7,19j Section 19j. 119.04 (1) of the statutes, as affected by 2015 Wisconsin Acts 55 and 92, is amended to read:

AB751-AA7,9,24 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.363, 115.365 (3), 115.38 (2), 115.415, 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board but not, unless explicitly provided in this chapter or in the terms of a contract, to the commissioner or to any school transferred to an opportunity schools and partnership program.

AB751-AA7,19k Section 19k. 119.16 (1n) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB751-AA7,19L Section 19L. 119.16 (2) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB751-AA7,10,12 119.16 (2) Establish schools and districts. The board shall maintain the public schools in the city, other than those public schools transferred to the opportunity schools and partnership programs under s. 119.33 and subch. II, and shall establish, organize and maintain such schools as the board determines are necessary to accommodate the children entitled to instruction therein. The board shall divide the city into attendance districts for such schools.

AB751-AA7,19m Section 19m. 119.16 (8) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read: