LRB-2630/1
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2013 - 2014 LEGISLATURE
August 23, 2013 - Introduced by Representatives Nass, Craig, Kaufert, Jacque,
Tittl, Kramer, Knodl, Ballweg, Sanfelippo, Petersen, Loudenbeck,
August, Pridemore, Weatherston, Kuglitsch, Ripp, Schraa, Stroebel,
Murphy and LeMahieu, cosponsored by Senators Lazich, Kedzie, Farrow,
Ellis, Olsen and Grothman. Referred to Committee on Urban and Local
Affairs.
AB297,1,4 1An Act to repeal 118.134 (1), (1m), (2), (3) (a), (b) and (c), (3m), (4) and (5); to
2renumber and amend
118.134 (3) (d); and to amend 118.134 (title) and
3118.51 (13) of the statutes; relating to: the use of race-based nicknames, logos,
4mascots, and team names by school boards.
Analysis by the Legislative Reference Bureau
Under current law, a school district resident may object to a school board's use
of a race-based nickname, logo, mascot, or team name by filing a complaint with the
state superintendent of public instruction. If a complaint is received, the state
superintendent must schedule a hearing to determine whether the use of the
race-based nickname, logo, mascot, or team name promotes discrimination, pupil
harassment, or stereotyping. If the state superintendent finds that the use of the
race-based nickname, logo, mascot, or team name promotes discrimination, pupil
harassment, or stereotyping, the state superintendent must order the school board
to terminate its use of the nickname, logo, mascot, or team name within 12 months
after issuance of the order. However, the state superintendent may extend the
amount of time a school board has to comply with an order to terminate the use of
a nickname, logo, mascot, or team name under certain circumstances. A school board
that uses a race-based nickname, logo, mascot, or team name in violation of an order
is subject to a forfeiture of not less than $100 nor more than $1,000 for each day that
it violates the order.
This bill eliminates the procedure for objecting to and ordering the termination
of a school board's use of a race-based nickname, logo, mascot, or team name.

Additionally, under the bill, a school district does not have to comply with an existing
order to terminate the use of a race-based nickname, logo, mascot, or team name.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB297,1 1Section 1. 118.134 (title) of the statutes is amended to read:
AB297,2,3 2118.134 (title) Race-based Orders to terminate the use of race-based
3nicknames, logos, mascots, and team names.
AB297,2 4Section 2. 118.134 (1), (1m), (2), (3) (a), (b) and (c), (3m), (4) and (5) of the
5statutes are repealed.
AB297,3 6Section 3. 118.134 (3) (d) of the statutes is renumbered 118.134 and amended
7to read:
AB297,2,12 8118.134 No school district required by a decision and order issued under this
9subsection on or
s. 118.134, 2011 stats., before July 1, 2011 the effective date of this
10section .... [LRB inserts date]
, to terminate the use of a race-based nickname, logo,
11mascot, or team name shall may be required to comply with the terms of that decision
12and order until January 15, 2013.
AB297,4 13Section 4. 118.51 (13) of the statutes is amended to read:
AB297,2,1814 118.51 (13) Rights and privileges of nonresident pupils. Except as provided
15in s. 118.134 (3m), a
A pupil attending a public school in a nonresident school district
16under this section has all of the rights and privileges of pupils residing in that school
17district and is subject to the same rules and regulations as pupils residing in that
18school district.
AB297,5 19Section 5. Nonstatutory provisions.
AB297,3,220 (1) A complaint that is filed with the state superintendent of public instruction
21under section 118.134, 2011 stats., before the effective date of this subsection and for

1which no decision or order has been issued before the effective date of this subsection
2is void.
AB297,3,33 (End)
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