LRB-0533/1
PG&GMM:mfd:km
1997 - 1998 LEGISLATURE
February 10, 1997 - Introduced by Representatives Ladwig, Krusick, Schafer,
Foti, Turner, Jensen, Musser, M. Lehman, Plale, Albers, Goetsch, Handrick,
Murat, Ainsworth, Porter, Owens, Olsen, Hoven, J. Lehman, Dobyns,
Powers, Kreibich
and Ott, cosponsored by Senators Plache and Buettner.
Referred to Committee on Education.
AB67,1,11 1An Act to repeal 118.163 (1) (b) 2.; to renumber 118.125 (2) (c); to renumber
2and amend
118.163 (2m) and 938.342 (1); to consolidate, renumber and
3amend
118.163 (1) (b) (intro.) and 1.; to amend 103.72 (2), 118.163 (2) (a),
4118.163 (2) (b), 118.163 (2) (d), 118.163 (2) (f), 895.035 (2m) (b), 938.17 (2) (g),
5938.342 (1m) (a), 938.342 (1m) (b), 938.342 (2) (a), 938.342 (2) (b) and 938.355
6(6m) (a); to repeal and recreate 118.163 (3); and to create 59.56 (8), 118.125
7(2) (c) 2., 118.163 (1) (c), 118.163 (1) (d), 118.163 (1m), 118.163 (2) (g) to (j),
8118.163 (2m) (b), 118.163 (4), 938.342 (1d), 938.342 (1g) (g) to (j) and 938.342
9(1m) (am) of the statutes; relating to: ordinances that prohibit truancy and
10habitual truancy and authorize suspension of the operating privilege of a
11person under 18 years of age if he or she drops out of school.
Analysis by the Legislative Reference Bureau
Under current law, a county, city, village or town may enact an ordinance
prohibiting a person under 18 years of age from being a habitual truant. A habitual
truant is a pupil who is absent from school without an acceptable excuse for part or

all of 5 or more days out of 10 consecutive school days during a school semester, or
part or all of 10 or more school days during a school semester.
This bill provides that a habitual truant is a pupil who is absent from school
without an acceptable excuse for part or all of 7 or more school days during a
semester. The bill also allows an ordinance to specify additional dispositions
available to the court, including an order for the person to attend school, a forfeiture
of up to $500, an order placing the person under supervision and any other
reasonable conditions, including a curfew.
The bill also authorizes a county, city, village or town to enact an ordinance
prohibiting a person under 18 years of age from being a truant. The ordinance must
specify the dispositions available to the court, which may include suspension of the
person's operating privilege for up to 90 days; an order for the person to participate
in counseling, a supervised work program or other community service; an order for
the person to attend school; or a forfeiture of up to $50 plus costs.
Under current law, a town may enact an ordinance prohibiting an adult from
contributing to the truancy of a child. Cities and villages may enact such an
ordinance under their home rule powers. This bill authorizes a county to enact such
an ordinance.
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:
AB67, s. 1 1Section 1. 59.56 (8) of the statutes is created to read:
AB67,2,42 59.56 (8) Contribution to truancy. The board may enact and enforce an
3ordinance to prohibit conduct that is the same as or similar to that prohibited by s.
4948.45 and impose a forfeiture for a violation of the ordinance.
AB67, s. 2 5Section 2. 103.72 (2) of the statutes is amended to read:
AB67,3,56 103.72 (2) Whenever it appears to the department that a permit has been
7improperly or illegally issued, or that the physical or moral welfare or school
8attendance of the minor would be best served by the revocation of the permit or that
9the failing school performance of the minor would be remedied by the revocation of
10the permit, the department may immediately, without notice, revoke the permit. The
11department shall revoke a permit if ordered to do so under s. 938.342 (1) (1g) (e). If

1the department revokes a permit, the department shall, by registered mail, notify
2the person employing the minor and the minor holding the permit of the revocation.
3Upon receipt of the notice, the employer employing the minor shall immediately
4return the revoked permit to the department and discontinue the employment of the
5minor.
AB67, s. 3 6Section 3. 118.125 (2) (c) of the statutes is renumbered 118.125 (2) (c) 1.
AB67, s. 4 7Section 4. 118.125 (2) (c) 2. of the statutes is created to read:
AB67,3,98 118.125 (2) (c) 2. Names of dropouts shall be provided to a court in response to
9an order under s. 118.163 (2m) (b).
AB67, s. 5 10Section 5. 118.163 (1) (b) (intro.) and 1. of the statutes are consolidated,
11renumbered 118.163 (1) (b) and amended to read:
AB67,3,1512 118.163 (1) (b) "Habitual truant" means a pupil who is absent from school
13without an acceptable excuse under s. 118.15 for either of the following: 1. Part part
14or all of 5 7 or more days out of 10 consecutive days on which school is held during
15a school semester, including a summer session.
AB67, s. 6 16Section 6. 118.163 (1) (b) 2. of the statutes is repealed.
AB67, s. 7 17Section 7. 118.163 (1) (c) of the statutes is created to read:
AB67,3,1818 118.163 (1) (c) "Operating privilege" has the meaning given in s. 340.01 (40).
AB67, s. 8 19Section 8. 118.163 (1) (d) of the statutes is created to read:
AB67,3,2220 118.163 (1) (d) "Truant" means a pupil who is absent from school without an
21acceptable excuse under s. 118.15 for part or all of any day on which school is held,
22including a summer session.
AB67, s. 9 23Section 9. 118.163 (1m) of the statutes is created to read:
AB67,4,3
1118.163 (1m) A county, city, village or town may enact an ordinance prohibiting
2a person under 18 years of age from being a truant. The ordinance shall provide
3which of the following dispositions are available to the court:
AB67,4,74 (a) Suspension of the person's operating privilege for not less than 30 days nor
5more than 90 days. The court shall immediately take possession of any suspended
6license and forward it to the department of transportation together with a notice
7stating the reason for and the duration of the suspension.
AB67,4,118 (b) An order for the person to participate in counseling or a supervised work
9program or other community service work as described in s. 938.34 (5g). The costs
10of any such counseling, supervised work program or other community service work
11may be assessed against the person, the parents or guardian of the person, or both.
AB67,4,1212 (c) An order for the person to attend school.
AB67,4,1513 (d) A forfeiture of not more than $50 plus costs, subject to s. 938.37. All or part
14of the forfeiture plus costs may be assessed against the person, the parents or
15guardian of the person, or both.
AB67, s. 10 16Section 10. 118.163 (2) (a) of the statutes is amended to read:
AB67,4,2117 118.163 (2) (a) Suspension of the person's operating privilege, as defined in s.
18340.01 (40),
for not less than 30 days nor more than 90 days one year. The court shall
19immediately take possession of any suspended license and forward it to the
20department of transportation together with a notice stating the reason for and the
21duration of the suspension.
AB67, s. 11 22Section 11. 118.163 (2) (b) of the statutes, is amended to read:
AB67,5,223 118.163 (2) (b) An order for the person to participate in counseling or a
24supervised work program or other community service work under as described in s.
25938.34 (5g). The costs of any such counseling, supervised work program or other

1community service work may be assessed against the person, the parents or
2guardian of the person, or both.
AB67, s. 12 3Section 12. 118.163 (2) (d) of the statutes is amended to read:
AB67,5,54 118.163 (2) (d) An order for the person to attend an educational program under
5as described in s. 938.34 (7d).
AB67, s. 13 6Section 13. 118.163 (2) (f) of the statutes, is amended to read:
AB67,5,87 118.163 (2) (f) An order for the person to be placed in a teen court program as
8described in s. 938.342 (1) (1g) (f).
AB67, s. 14 9Section 14. 118.163 (2) (g) to (j) of the statutes are created to read:
AB67,5,1010 118.163 (2) (g) An order for the person to attend school.
AB67,5,1311 (h) A forfeiture of not more than $500 plus costs, subject to s. 938.37. All or part
12of the forfeiture plus costs may be assessed against the person, the parents or
13guardian of the person, or both.
AB67,5,1614 (i) Any other reasonable conditions consistent with this subsection, including
15a curfew, restrictions as to going to or remaining on specified premises and
16restrictions on associating with other children or adults.
AB67,5,1817 (j) An order placing the person under formal or informal supervision, as
18described in s. 938.34 (2), for up to one year.
AB67, s. 15 19Section 15. 118.163 (2m) of the statutes is renumbered 118.163 (2m) (a) and
20amended to read:
AB67,6,321 118.163 (2m) (a) A county, city, village or town may enact an ordinance
22permitting a court to suspend the operating privilege, as defined in s. 340.01 (40), of
23a person who is at least 16 years of age but less than 18 years of age and is a dropout.
24The ordinance shall provide that the court may suspend the person's operating
25privilege, as defined in s. 340.01 (40), until the person reaches the age of 18. The

1court shall immediately take possession of any suspended license and forward it to
2the department of transportation together with a notice stating the reason for and
3the duration of the suspension.
AB67, s. 16 4Section 16. 118.163 (2m) (b) of the statutes is created to read:
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