Amendment ASA1-AB686

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1997 ASSEMBLY BILL 686

January 27, 1998 - Offered by Committee on Education.

AB686-ASA1,2,6 An Act to repeal 118.16 (1) (a) 2., 118.162 (2) (intro.) and (a), 118.162 (3) (c) and 118.162 (5); to renumber 118.125 (2) (c), 118.15 (5) (b) and 118.16 (5m); to renumber and amend 118.15 (5) (a), 118.162 (2) (b), 118.163 (2m) and 938.342 (1); to consolidate, renumber and amend 118.16 (1) (a) (intro.) and 1. and 118.162 (3) (intro.), (a) and (b); to amend 103.72 (2), 118.16 (2) (cg) 1., 118.16 (2) (cg) 3., 118.16 (2) (cg) 4., 118.16 (6), 118.162 (1) (intro.), 118.163 (2) (a), 118.163 (2) (b), 118.163 (2) (d), 118.163 (2) (f), 895.035 (2m) (b), 938.125 (2), 938.13 (6), 938.17 (2) (a) 1., 938.17 (2) (g), 938.17 (2) (h) 1., 938.275 (1) (c), 938.342 (1m) (a), 938.342 (1m) (b), 938.342 (2) (a), 938.342 (2) (b), 938.345 (2), 938.355 (6) (a), 938.355 (6) (an) 1., 938.355 (6m) (title), 938.355 (6m) (a), 938.355 (6m) (b) and 938.355 (6m) (c); to repeal and recreate 49.26 (1) (a) 1., 118.163 (1) (b) and 118.163 (3); and to create 118.125 (2) (c) 2., 118.15 (1) (am), 118.15 (3m), 118.15 (5) (a) 1. a. and b., 118.15 (5) (a) 2., 118.15 (5) (b) 2., 118.16 (5m) (a), 118.162 (4m), 118.163 (1) (c), 118.163 (1) (d), 118.163 (1m), 118.163 (2) (g) to (j), 118.163 (2m) (b), 118.163 (4), 938.17 (2) (i), 938.342 (1d), 938.342 (1g) (g) to (j), 938.342 (1m) (am) and 938.355 (6m) (ag) of the statutes; relating to: compulsory school attendance, truancy, habitual truancy, the penalties for contributing to truancy, truancy planning committees and school district truancy plans.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB686-ASA1, s. 1 Section 1. 49.26 (1) (a) 1. of the statutes is repealed and recreated to read:

AB686-ASA1,2,8 49.26 (1) (a) 1. "Habitual truant" has the meaning given in s. 118.16 (1) (a).

AB686-ASA1, s. 2 Section 2. 103.72 (2) of the statutes is amended to read:

AB686-ASA1,2,20 103.72 (2) Whenever it appears to the department that a permit has been improperly or illegally issued, or that the physical or moral welfare or school attendance of the minor would be best served by the revocation of the permit or that the failing school performance of the minor would be remedied by the revocation of the permit, the department may immediately, without notice, revoke the permit. The department shall revoke a permit if ordered to do so under s. 938.342 (1) (1g) (e). If the department revokes a permit, the department shall, by registered mail, notify the person employing the minor and the minor holding the permit of the revocation. Upon receipt of the notice, the employer employing the minor shall immediately return the revoked permit to the department and discontinue the employment of the minor.

AB686-ASA1, s. 3 Section 3. 118.125 (2) (c) of the statutes is renumbered 118.125 (2) (c) 1.

AB686-ASA1, s. 4 Section 4. 118.125 (2) (c) 2. of the statutes is created to read:

AB686-ASA1,3,2 118.125 (2) (c) 2. Names of dropouts shall be provided to a court in response to an order under s. 118.163 (2m) (b).

AB686-ASA1, s. 5 Section 5. 118.15 (1) (am) of the statutes is created to read:

AB686-ASA1,3,9 118.15 (1) (am) Except as provided under par. (d) and sub. (3m), unless the child is excused under sub. (3), any person having under control a child who is under the age of 6 and who is attending a public school, including a prekindergarten program, shall cause the child to continue to attend that school regularly during the full period and hours, religious holidays excepted, that the program in which the child is enrolled is in session.

AB686-ASA1, s. 6 Section 6. 118.15 (3m) of the statutes is created to read:

AB686-ASA1,3,13 118.15 (3m) (a) Subsection (1) (am) applies only if the school board of the school district in which the child is enrolled has adopted a resolution specifying that it applies.

AB686-ASA1,3,16 (b) Subsection (1) (am) does not apply if the person in control of the child notifies the school board of the school district in which the child is enrolled that the child will no longer be attending the program in which the child is enrolled.

AB686-ASA1, s. 7 Section 7. 118.15 (5) (a) of the statutes is renumbered 118.15 (5) (a) 1. (intro.) and amended to read:

AB686-ASA1,4,3 118.15 (5) (a) 1. (intro.) Except as provided under par. (b) or if a person has been found guilty of a misdemeanor under s. 948.45, whoever violates this section may be fined not more than $500 or imprisoned for not more than 30 days or both penalized as follows, if evidence has been provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not required to be completed due to the child's absence from school as provided in s. 118.16 (5m). In a prosecution under this paragraph, if the defendant proves that he or she is unable to comply with the law because of the disobedience of the child, the action shall be dismissed and the child shall be referred to the court assigned to exercise jurisdiction under chs. 48 and 938.:

AB686-ASA1, s. 8 Section 8. 118.15 (5) (a) 1. a. and b. of the statutes are created to read:

AB686-ASA1,4,6 118.15 (5) (a) 1. a. For the first offense, by a fine of not more than $500 or imprisonment for not more than 30 days or both.

AB686-ASA1,4,8 b. For a 2nd or subsequent offense, by a fine of not more than $1,000 or imprisonment for not more than 90 days or both.

AB686-ASA1, s. 9 Section 9. 118.15 (5) (a) 2. of the statutes is created to read:

AB686-ASA1,4,15 118.15 (5) (a) 2. The court may require a person who is subject to subd. 1. to perform community service work for a public agency or a nonprofit charitable organization in lieu of the penalties specified under subd. 1. Any organization or agency to which a defendant is assigned pursuant to an order under this subdivision acting in good faith has immunity from any civil liability in excess of $25,000 for any act or omission by or impacting on the defendant.

AB686-ASA1, s. 10 Section 10. 118.15 (5) (b) of the statutes is renumbered 118.15 (5) (b) 1.

AB686-ASA1, s. 11 Section 11. 118.15 (5) (b) 2. of the statutes is created to read:

AB686-ASA1,4,21 118.15 (5) (b) 2. In a prosecution under par. (a), if the defendant proves that he or she is unable to comply with the law because of the disobedience of the child, the action shall be dismissed and the child shall be referred to the court assigned to exercise jurisdiction under ch. 48.

AB686-ASA1, s. 12 Section 12. 118.16 (1) (a) (intro.) and 1. of the statutes are consolidated, renumbered 118.16 (1) (a) and amended to read:

AB686-ASA1,5,2 118.16 (1) (a) "Habitual truant" means a pupil who is absent from school without an acceptable excuse under sub. (4) and s. 118.15 for either of the following: 1. Part part or all of 5 or more days out of 10 consecutive days on which school is held during a school semester.

AB686-ASA1, s. 13 Section 13. 118.16 (1) (a) 2. of the statutes is repealed.

AB686-ASA1, s. 14 Section 14. 118.16 (2) (cg) 1. of the statutes is amended to read:

AB686-ASA1,5,6 118.16 (2) (cg) 1. A statement of the parent's or guardian's responsibility, under s. 118.15 (1) (a) and (am), to cause the child to attend school regularly.

AB686-ASA1, s. 15 Section 15. 118.16 (2) (cg) 3. of the statutes is amended to read:

AB686-ASA1,5,13 118.16 (2) (cg) 3. A request that the parent or guardian meet with appropriate school personnel to discuss the child's truancy. The notice shall include the name of the school personnel with whom the parent or guardian should meet, a date, time and place for the meeting and the name, address and telephone number of a person to contact to arrange a different date, time or place. The date for the meeting shall be within 5 school days after the date that the notice is sent.

AB686-ASA1, s. 16 Section 16. 118.16 (2) (cg) 4. of the statutes is amended to read:

AB686-ASA1,5,17 118.16 (2) (cg) 4. A statement of the penalties, under s. 118.15 (5), that may be imposed on the parent or guardian if he or she fails to cause the child to attend school regularly as required under s. 118.15 (1) (a) and (am).

AB686-ASA1, s. 17 Section 17. 118.16 (5m) of the statutes is renumbered 118.16 (5m) (b).

AB686-ASA1, s. 18 Section 18. 118.16 (5m) (a) of the statutes is created to read:

AB686-ASA1,5,22 118.16 (5m) (a) Subsection (5) does not apply if a meeting under sub. (2) (cg) 3. is not held within 10 school days after the date that the notice under sub. (2) (cg) is sent.

AB686-ASA1, s. 19 Section 19. 118.16 (6) of the statutes is amended to read:

AB686-ASA1,6,5 118.16 (6) If the school attendance officer receives evidence that activities under sub. (5) have been completed or were not required to be completed due to the child's absence from school as provided in sub. (5m), the school attendance officer may file information on any child who continues to be truant with the court assigned to exercise jurisdiction under chs. 48 and 938 in accordance with s. 938.24. Filing information on a child under this subsection does not preclude concurrent prosecution of the child's parent or guardian under s. 118.15 (5).

AB686-ASA1, s. 20 Section 20. 118.162 (1) (intro.) of the statutes is amended to read:

AB686-ASA1,6,15 118.162 (1) (intro.) On July 1, 1988 At least once every 4 years, in each county, the superintendent school district administrator of the school district which contains the county seat designated under s. 59.05, or his or her designee, shall convene a committee under this section. At its first meeting, the committee shall elect a chairperson, vice chairperson and secretary. Not later than February 1, 1989, the committee shall to review and make recommendations to the school boards of all of the school districts in the county on the items to be included in revisions to the school districts' truancy plans under sub. (4) (4m). The committee shall consist of the following members:

AB686-ASA1, s. 21 Section 21. 118.162 (2) (intro.) and (a) of the statutes are repealed.

AB686-ASA1, s. 22 Section 22. 118.162 (2) (b) of the statutes is renumbered 118.162 (2) and amended to read:

AB686-ASA1,6,21 118.162 (2) The district attorney representative on the committee shall participate in reviewing and developing any recommendations regarding revisions to the portions of the plan school districts' plans under sub. (4) (e).

AB686-ASA1, s. 23 Section 23. 118.162 (3) (intro.), (a) and (b) of the statutes are consolidated, renumbered 118.162 (3) and amended to read:

AB686-ASA1,7,6 118.162 (3) The committee shall write a report to accompany the recommendations under sub. (1). The report shall include all of the following: (a) A a description of the factors that contribute to truancy in the county. (b) Identification and a description of any state statutes, municipal ordinances or school or, social services, law enforcement, district attorney, court or other policies that contribute to or inhibit the response to truancy in the county. A copy of the report shall be submitted to each of the entities identified in sub. (1) (b) to (h) and any other entity designating members on the committee under sub. (1) (i).

AB686-ASA1, s. 24 Section 24. 118.162 (3) (c) of the statutes is repealed.

AB686-ASA1, s. 25 Section 25. 118.162 (4m) of the statutes is created to read:

AB686-ASA1,7,10 118.162 (4m) At least once every 2 years, each school board shall review and, if appropriate, revise the truancy plan adopted by the school board under sub. (4).

AB686-ASA1, s. 26 Section 26. 118.162 (5) of the statutes is repealed.

AB686-ASA1, s. 27 Section 27. 118.163 (1) (b) of the statutes is repealed and recreated to read:

AB686-ASA1,7,13 118.163 (1) (b) "Habitual truant" has the meaning given in s. 118.16 (1) (a).

AB686-ASA1, s. 28 Section 28. 118.163 (1) (c) of the statutes is created to read:

AB686-ASA1,7,15 118.163 (1) (c) "Operating privilege" has the meaning given in s. 340.01 (40).

AB686-ASA1, s. 29 Section 29. 118.163 (1) (d) of the statutes is created to read:

AB686-ASA1,7,19 118.163 (1) (d) "Truant" means a pupil who is absent from school without an acceptable excuse under ss. 118.15 and 118.16 (4) for part or all of any day on which school is held, including a summer session.

AB686-ASA1, s. 30 Section 30. 118.163 (1m) of the statutes is created to read:

AB686-ASA1,7,23 118.163 (1m) A county, city, village or town may enact an ordinance prohibiting a person under 18 years of age from being a truant. The ordinance shall provide which of the following dispositions are available to the court:

AB686-ASA1,7,24 (a) An order for the person to attend school.

AB686-ASA1,8,5 (b) A forfeiture of not more than $50 plus costs for a first violation, or a forfeiture of not more than $100 plus costs for any 2nd or subsequent violation committed within 12 months of a previous violation, subject to s. 938.37. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both.

AB686-ASA1, s. 31 Section 31. 118.163 (2) (a) of the statutes is amended to read:

AB686-ASA1,8,11 118.163 (2) (a) Suspension of the person's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 90 days one year. The court shall immediately take possession of any suspended license and forward it to the department of transportation together with a notice stating the reason for and the duration of the suspension.

AB686-ASA1, s. 32 Section 32. 118.163 (2) (b) of the statutes, is amended to read:

AB686-ASA1,8,22 118.163 (2) (b) An order for the person to participate in counseling or a supervised work program or other community service work under as described in s. 938.34 (5g). The costs of any such counseling, supervised work program or other community service work may be assessed against the person, the parents or guardian of the person, or both. Any county department of human services or social services, community agency, public agency or nonprofit charitable organization administering a supervised work program or other community service work to which a person is assigned pursuant to an order under this paragraph acting in good faith has immunity from any civil liability in excess of $25,000 for any act or omission by or impacting on that person.

AB686-ASA1, s. 33 Section 33. 118.163 (2) (d) of the statutes is amended to read:

AB686-ASA1,8,25 118.163 (2) (d) An order for the person to attend an educational program under as described in s. 938.34 (7d).

AB686-ASA1, s. 34 Section 34. 118.163 (2) (f) of the statutes, is amended to read:

AB686-ASA1,9,3 118.163 (2) (f) An order for the person to be placed in a teen court program as described in s. 938.342 (1) (1g) (f).

AB686-ASA1, s. 35 Section 35. 118.163 (2) (g) to (j) of the statutes are created to read:

AB686-ASA1,9,5 118.163 (2) (g) An order for the person to attend school.

AB686-ASA1,9,8 (h) A forfeiture of not more than $500 plus costs, subject to s. 938.37. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both.

AB686-ASA1,9,11 (i) Any other reasonable conditions consistent with this subsection, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other children or adults.

AB686-ASA1,9,13 (j) An order placing the person under formal or informal supervision, as described in s. 938.34 (2), for up to one year.

AB686-ASA1, s. 36 Section 36. 118.163 (2m) of the statutes is renumbered 118.163 (2m) (a) and amended to read:

AB686-ASA1,9,23 118.163 (2m) (a) A county, city, village or town may enact an ordinance permitting a court to suspend the operating privilege, as defined in s. 340.01 (40), of a person who is at least 16 years of age but less than 18 years of age and is a dropout. The ordinance shall provide that the court may suspend the person's operating privilege, as defined in s. 340.01 (40), until the person reaches the age of 18. The court shall immediately take possession of any suspended license and forward it to the department of transportation together with a notice stating the reason for and the duration of the suspension.

AB686-ASA1, s. 37 Section 37. 118.163 (2m) (b) of the statutes is created to read:

AB686-ASA1,10,5 118.163 (2m) (b) A court may order a school district to provide to the court a list of all persons who are known to the school district to be dropouts and who reside within the county in which the circuit court is located or the municipality in which the municipal court is located. Upon request, the department of transportation shall assist the court to determine which dropouts have operating privileges.

AB686-ASA1, s. 38 Section 38. 118.163 (3) of the statutes is repealed and recreated to read:

AB686-ASA1,10,10 118.163 (3) An ordinance enacted by a county under sub. (1m), (2) or (2m) is applicable and may be enforced in that part of any city or village located in the county and in any town located in the county regardless of whether the city, village or town has enacted an ordinance under sub. (1m), (2) or (2m).

AB686-ASA1, s. 39 Section 39. 118.163 (4) of the statutes is created to read:

AB686-ASA1,10,13 118.163 (4) A person who is under 17 years of age on the date of disposition is subject to s. 938.342.

AB686-ASA1, s. 40 Section 40. 895.035 (2m) (b) of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read:

AB686-ASA1,11,4 895.035 (2m) (b) If a juvenile fails to pay a forfeiture or, surcharge or costs as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938 or a forfeiture as ordered by a municipal court or if it appears likely that the juvenile will not pay the forfeiture or, surcharge or costs as ordered, the representative of the public interest under s. 938.09, the agency, as defined in s. 938.38 (1) (a), supervising the juvenile or the law enforcement agency that issued the citation to the juvenile may petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount of the forfeiture or, surcharge or costs unpaid by the juvenile be entered and docketed as a judgment against the juvenile and the parent with custody of the juvenile and in favor of the county or appropriate municipality. A petition under this paragraph may be filed after the expiration of the dispositional order or sentence under which the forfeiture or, surcharge is or costs are payable, but no later than one year after the expiration of the dispositional order or sentence or any extension of the dispositional order or sentence.

AB686-ASA1, s. 41 Section 41. 938.125 (2) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

AB686-ASA1,11,11 938.125 (2) That the court has exclusive jurisdiction over any juvenile alleged to have violated an ordinance enacted under s. 118.163 (2) only if evidence is provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not required to be completed due to the juvenile's absence from school as provided in s. 118.16 (5m).

AB686-ASA1, s. 42 Section 42. 938.13 (6) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read: