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, s. 12 24Section 12. 17.125 of the statutes is created to read:
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, s. 13 4Section 13. 17.26 (2) of the statutes is amended to read:
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, s. 15 11Section 15. 20.255 (2) (ac) of the statutes, as affected by 1997 Wisconsin Act
1227
, is amended to read:
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, s. 16 19Section 16. 20.255 (2) (ec) of the statutes, as affected by 1997 Wisconsin Act
2027
, is amended to read:
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.
SB2-SSA1, s. 22 23Section 22. 118.40 (1m) (a) of the statutes is amended to read:
SB2-SSA1,8,2524 118.40 (1m) (a) 1. A written petition requesting the school board to establish
25a charter school under this section may be filed with the school district clerk.
SB2-SSA1,9,4
12. The petition shall be signed by at least 10% of the teachers employed by the
2school district or by at least 50% of the teachers employed at one school of the school
3district. This subdivision does not apply to the school district operating under subch.
4II of ch. 119.
SB2-SSA1, s. 23 5Section 23. 118.40 (3) (c) of the statutes is repealed and recreated to read:
SB2-SSA1,9,126 118.40 (3) (c) A school board may not enter into a contract for the establishment
7of a charter school located outside the school district, except that if 2 or more school
8boards enter into an agreement under s. 66.30 to establish a charter school, the
9charter school shall be located within one of the school districts. A school board, other
10than the school board of the school district operating under ch. 119, may not enter
11into a contract that would result in the conversion of a private school to a charter
12school.
SB2-SSA1, s. 24 13Section 24. 118.40 (5) (b) of the statutes is amended to read:
SB2-SSA1,9,1714 118.40 (5) (b) The pupils enrolled in the charter school failed to make sufficient
15progress toward attaining the educational goals under s. 118.01 (2). This paragraph
16does not apply to a charter school under contract with the Milwaukee Public Schools
17governing commission
.
SB2-SSA1, s. 25 18Section 25. Chapter 119 (title) of the statutes is amended to read:
SB2-SSA1,9,2119 CHAPTER 119
20 FIRST CLASS CITY SCHOOL
21SYSTEM systems
SB2-SSA1, s. 26 22Section 26. Subchapter I (title) of chapter 119 [precedes 119.01] of the statutes
23is created to read:
SB2-SSA1,9,2424 CHAPTER 119
SB2-SSA1,10,2
1SUBCHAPTER I
2 Board of school directors
SB2-SSA1, s. 27 3Section 27. 119.01 of the statutes is amended to read:
SB2-SSA1,10,54 119.01 Applicability. This chapter subchapter applies only to cities of the 1st
5class.
SB2-SSA1, s. 28 6Section 28. 119.02 (intro.) of the statutes is amended to read:
SB2-SSA1,10,8 7119.02 Definitions. (intro.) In this chapter subchapter, unless the context
8clearly requires otherwise:
SB2-SSA1, s. 29 9Section 29. 119.06 (3) (intro.) and (a) of the statutes are repealed.
SB2-SSA1, s. 30 10Section 30. 119.06 (3) (b) of the statutes is renumbered 119.06 (3) and
11amended to read:
SB2-SSA1,10,2112 119.06 (3) Four of the combined aldermanic district Except as provided in sub.
13(4), the
members first appointed to the board by the commission shall serve for a term
14terms beginning on the 4th Monday of the month next following their appointment
15and. The at-large member and the 4 members representing the even-numbered
16election districts shall be appointed for terms
expiring on the 4th first Monday in
17April in December of the 4th first even-numbered year following the year in which
18a city becomes a 1st class city and the 4 members representing the odd-numbered
19election districts shall be appointed for terms expiring on the first Monday in
20December of the 2nd even-numbered
year following the year in which a city becomes
21a city of the 1st class city.
SB2-SSA1, s. 31 22Section 31. 119.06 (4) (b) of the statutes is amended to read:
SB2-SSA1,11,323 119.06 (4) (b) The board members elected at the special election shall be
24nominated and elected to succeed the board members appointed for the terms
25expiring
under sub. (3) (a) and (b) (2) and for the same terms. The terms of office of

1the board members appointed under sub. (2) shall expire on the 4th Monday
2following the special election.
The terms of office of the board members elected at the
3special election shall begin on the 4th Monday following the special election.
SB2-SSA1, s. 32 4Section 32. 119.06 (4) (c) and (d) of the statutes are amended to read:
SB2-SSA1,11,75 119.06 (4) (c) Candidates for the board at the special election shall be
6nominated in the same manner as for the spring general election, except that the
7nomination paper format under s. 8.10 (2) (b) shall apply
.
SB2-SSA1,11,98 (d) The special election shall be held at the polling places and shall be conducted
9in the manner of and by the election officials for the spring general election.
SB2-SSA1, s. 33 10Section 33. 119.06 (5) and (6) of the statutes are amended to read:
SB2-SSA1,11,1511 119.06 (5) The board first appointed under sub. (2) or first elected at a special
12election under sub. (4) shall hold an organizational meeting under s. 119.10 (2) on
13the 4th Monday of the month following its appointment or election, or the next day
14if the 4th Monday is a legal holiday, following their appointment or election, and
15annually thereafter shall meet in accordance with s. 119.10 (2).
SB2-SSA1,11,18 16(6) Successors to board members appointed under sub. (3) (2) or elected under
17sub. (4) shall be elected at the spring general election immediately preceding the
18expiration of the terms of such board members and shall serve for 4-year terms.
SB2-SSA1, s. 34 19Section 34. 119.07 of the statutes is created to read:
SB2-SSA1,12,2 20119.07 Revised method of election of board; transitional provisions. (1)
21Notwithstanding s. 119.08 (1) (a) and (3), the terms of the members of the board of
22school directors of each 1st class city in existence on the effective date of this
23subsection .... [revisor inserts date], whose terms expire on the 4th Monday in April,
241999, are extended until the 4th Monday in November, 2000, and the terms of office
25of the members of the board of school directors of each such city whose terms expire

1on the 4th Monday in April, 2001, are extended until the 4th Monday in November,
22002.
SB2-SSA1,12,10 3(2) At the general election to be held in November, 2000, there shall be elected
4in each 1st class city in existence on the effective date of this subsection .... [revisor
5inserts date], 5 members of the board of school directors elected, one of whom shall
6be elected at large and 4 of whom shall be from even-numbered election districts
7prescribed under s. 119.08 (1) (b). At the general election to be held in November,
82002, there shall be elected in each such city 4 members of the board of school
9directors, who shall be elected from odd-numbered election districts prescribed
10under s. 119.08 (1) (b).
Loading...
Loading...