AB631: Bill Text

2023 - 2024 LEGISLATURE

2023 Assembly BILL 631

November 8, 2023 - Introduced by Representatives Vining, Snodgrass, Conley, J. Anderson, Baldeh, Bare, Considine, Emerson, Hong, Joers, Moore Omokunde, Myers, Ohnstad, Palmeri, Ratcliff, Shelton, Sinicki, Stubbs, Subeck, Drake, Jacobson, Clancy and Madison, cosponsored by Senators Agard, Carpenter, Hesselbein, L. Johnson, Larson, Roys, Smith, Spreitzer and Taylor. Referred to Committee on State Affairs.

AB631,1,5 An Act to amend 121.91 (7); and to create 16.84 (5m), 66.0146, 118.40 (2r) (b) 2. m., 118.40 (2x) (b) 2. m., 118.60 (6m) (e), 119.23 (6m) (e), 121.02 (1) (im) and 121.91 (4) (m) of the statutes; relating to: the provision of menstrual products in state and local buildings and school buildings and a school district revenue limit adjustment for costs of providing those products.

Analysis by the Legislative Reference Bureau

This bill requires each school district, operator of an independent charter school, and governing body of a private school participating in a parental choice program to provide free tampons and sanitary napkins in all restroom facilities in buildings owned, leased, or occupied by the school board, operator, or governing body.

The bill creates a revenue limit adjustment for a school district that incurs costs to comply with the bill. Current law generally limits the total amount of revenue per pupil that a school district may receive from general school aids and property taxes in a school year to the amount of revenue allowed per pupil in the previous school year plus a per pupil increase, if any, as provided by law. However, current law also includes several adjustments to the general revenue limit.

Under the bill, if a school board adopts a resolution, the school district's revenue limit is increased by the amount the school district spends in a school year to make tampons and sanitary napkins available in school buildings.

In addition, the bill requires that restroom facilities in buildings owned, leased, or occupied by the state or a political subdivision have available tampons and sanitary napkins at no charge.

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:

AB631,1 Section 1 . 16.84 (5m) of the statutes is created to read:

AB631,2,4 16.84 (5m) Ensure that, in any part of a building owned, leased, or occupied by the state, tampons and sanitary napkins are available in all of the restroom facilities at no charge.

AB631,2 Section 2 . 66.0146 of the statutes is created to read:

AB631,2,7 66.0146 Supply of buildings. (1) In this section, “political subdivision” means a city, village, town, or county.

AB631,2,10 (2) A political subdivision shall ensure that, in any part of a building owned, leased, or occupied by the political subdivision, tampons and sanitary napkins are available in all of the restroom facilities at no charge.

AB631,3 Section 3 . 118.40 (2r) (b) 2. m. of the statutes is created to read:

AB631,2,16 118.40 (2r) (b) 2. m. A requirement that the charter school governing board make tampons and sanitary napkins available at no charge in all of the restroom facilities in any building in which direct instruction is provided to pupils enrolled in the charter school and that is owned, leased, or occupied by the charter school governing board for the operation of the charter school.

AB631,4 Section 4 . 118.40 (2x) (b) 2. m. of the statutes is created to read:

AB631,3,2 118.40 (2x) (b) 2. m. A requirement that the charter school governing board make tampons and sanitary napkins available at no charge in all of the restroom facilities in any building in which direct instruction is provided to pupils enrolled in the charter school and that is owned, leased, or occupied by the charter school governing board for the operation of the charter school.

AB631,5 Section 5 . 118.60 (6m) (e) of the statutes is created to read:

AB631,3,7 118.60 (6m) (e) Make tampons and sanitary napkins available at no charge in all of the restroom facilities in any building in which direct instruction is provided to pupils enrolled in the private school and that is owned, leased, or occupied by the governing body of the private school.

AB631,6 Section 6 . 119.23 (6m) (e) of the statutes is created to read:

AB631,3,12 119.23 (6m) (e) Make tampons and sanitary napkins available at no charge in all of the restroom facilities in any building in which direct instruction is provided to pupils enrolled in the private school and that is owned, leased, or occupied by the governing body of the private school.

AB631,7 Section 7 . 121.02 (1) (im) of the statutes is created to read:

AB631,3,16 121.02 (1) (im) Ensure that, in any building owned, leased, or occupied by the the school board, tampons and sanitary napkins are available in all of the restroom facilities at no charge.

AB631,8 Section 8 . 121.91 (4) (m) of the statutes is created to read:

AB631,3,21 121.91 (4) (m) 1. If a school board adopts a resolution to do so, the limit otherwise applicable to a school district under sub. (2m) in any school year is increased by the amount spent by the school district in that school year to make tampons and sanitary napkins available as required under s. 121.02 (1) (im).

AB631,3,24 2. Any additional revenue received by a school district under this paragraph shall not be included in the base for determining the school district's limit under sub. (2m) for the following school year.

AB631,9 Section 9 . 121.91 (7) of the statutes is amended to read:

AB631,4,7 121.91 (7) Except as provided in subs. (4) (f) 2. and (n) (m) to (qe) and (8), if an excess revenue is approved under sub. (3) for a recurring purpose or allowed under sub. (4), the excess revenue shall be included in the base for determining the limit for the next school year for purposes of this section. If an excess revenue is approved under sub. (3) for a nonrecurring purpose, the excess revenue shall not be included in the base for determining the limit for the next school year for purposes of this section.

AB631,10 Section 10 . Initial applicability.

AB631,4,11 (1) Independent charter schools. The treatment of s. 118.40 (2r) (b) 2. m. and (2x) (b) 2. m. first applies to a contract that is entered into, renewed, or modified on the effective date of this subsection.

AB631,4,14 (2) Revenue limit adjustment. The treatment of s. 121.91 (4) (m) first applies to the calculation of a school district's revenue limit for the school year beginning after the effective date of this subsection.

AB631,4,15 (End)