LRB-3674/1
KRP:amn
2019 - 2020 LEGISLATURE
January 8, 2020 - Introduced by Senators Bewley, Erpenbach, Larson, Wirch,
Smith, Risser, Ringhand and Miller, cosponsored by Representatives Pope,
Considine, Emerson, Kolste, Sargent, Spreitzer, Billings, Milroy, Stubbs,
Subeck, Neubauer, Gruszynski, Vruwink, Ohnstad, Sinicki, L. Myers and
Brostoff. Referred to Committee on Education.
SB661,1,4 1An Act to amend 118.60 (4d) (b) 1. (intro.) and 121.91 (4) (n) 1.; and to create
2118.60 (4e) of the statutes; relating to: state aid to the resident school district
3of a pupil attending a private school under the Racine or statewide parental
4choice program.
Analysis by the Legislative Reference Bureau
This bill prohibits the Department of Public Instruction from making certain
reductions in state aid paid to a school district until the electors of the school district
have approved the reduction in state aid by a referendum vote. Current law requires
DPI to reduce the state aid paid to a school district in a school year by the amount
paid in that school year to a private school participating in the Racine or statewide
parental choice program for each pupil who resides in that school district but who
attends a private school under the Racine or statewide parental choice program.
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:
SB661,1 5Section 1. 118.60 (4d) (b) 1. (intro.) of the statutes is amended to read:
SB661,2,3
1118.60 (4d) (b) 1. (intro.) Beginning in the 2015-16 school year, subject to sub.
2(4e) and
s. 121.085 (1), the department shall decrease a school district's state aid
3payment under s. 121.08 by an amount calculated as follows:
SB661,2 4Section 2. 118.60 (4e) of the statutes is created to read:
SB661,2,55 118.60 (4e) (a) In this subsection:
SB661,2,76 1. “Circulator" has the meaning given for “qualified circulator" under s. 5.02
7(16g).
SB661,2,88 2. “Commission” means the elections commission.
SB661,2,149 (b) Beginning with state aid paid in the 2021-22 school year, the department
10may not decrease a school district's state aid payment as provided under sub. (4d) (b)
11until the school district qualifies as provided under this subsection. A school district
12qualifies under this subsection when a petition to have the school district's state aid
13reduced is certified as provided under par. (c) and approved at a referendum as
14provided under par. (e).
SB661,2,1615 (c) A petition to have a school district's state aid reduced as provided under sub.
16(4d) (b) is certified when all of the following occur:
SB661,2,2017 1. An individual, committee, or group files a registration statement with the
18commission to initiate the petition. The registration statement shall include the
19name and mailing address of the individual, committee, or group initiating the
20petition.
SB661,3,221 2. The individual, committee, or group under subd. 1. circulates the petition
22and files the petition with the commission no later than 60 days after the date on
23which the registration statement is filed under subd. 1. The certification of a
24circulator shall appear at the bottom of each petition sheet filed with the commission
25and shall indicate the date that the circulator makes the certification next to the

1circulator's signature. The certification of the circulator shall include all of the
2following:
SB661,3,43 a. The name and mailing address of the individual, committee, or group
4initiating the petition.
SB661,3,65 b. A statement that the circulator personally circulated the petition and
6personally obtained each of the signatures.
SB661,3,97 c. A statement that the circulator knows the signatures are of qualified
8electors, as described under s. 6.02, of the school district that is the subject of the
9petition.
SB661,3,1110 d. A statement that the circulator knows the signers signed the petition with
11full knowledge of its content.
SB661,3,1312 e. A statement that the circulator knows the respective residences given for
13each signer.
SB661,3,1514 f. A statement that the circulator knows each signer signed on the date stated
15opposite the signer's signature.
SB661,3,1816 g. A statement that the circulator is a qualified elector of this state or, if not a
17qualified elector of this state, is a U.S. citizen age 18 or older who, if the circulator
18were a resident of this state, would not be disqualified from voting under s. 6.03.
SB661,3,2019 h. A statement that the circulator intends to support the implementation of the
20program under this section in the school district that is the subject of the petition.
SB661,3,2221 i. A statement that the circulator is aware that falsifying the certification is
22punishable under s. 12.13 (3) (a).
SB661,4,523 3. The commission certifies the results as provided in this subdivision. The
24commission shall, within 31 days after a petition is filed under subd. 2., review the
25signatures to determine whether the commission may not count any signatures or

1petition sheets under par. (d). If, after review, the commission determines that the
2petition contains a number of signatures of qualified electors in the school district
3that is the subject of the petition that is not less than 20 percent of the number of
4electors voting in the last election of school board members in the school district, the
5commission shall certify that result to the school district clerk.
SB661,4,76 (d) 1. The commission may not count an individual signature on a petition sheet
7if any of the following applies:
SB661,4,88 a. The signature is not dated.
SB661,4,99 b. The signature is dated outside the circulation period.
SB661,4,1110 c. The signature is dated after the date of the certification contained on the
11petition sheet.
SB661,4,1312 d. The residency of the signer of the petition sheet cannot be determined by the
13address given.
SB661,4,1514 e. The signature is that of an individual who is not a resident of the school
15district that is the subject of the petition.
SB661,4,1716 f. The signer has been adjudicated not to be a qualified elector on grounds of
17incompetency or limited incompetency as provided in s. 6.03 (3).
SB661,4,1818 g. The signer is not a qualified elector by reason of age.
SB661,4,2019 h. The circulator knew or should have known that the signer, for any other
20reason, was not a qualified elector.
SB661,4,2221 2. The commission may not count any signatures on a petition sheet filed under
22par. (c) 2. if the circulator fails to sign the circulator's certification.
SB661,5,223 3. The commission shall confirm that each individual who made a certification
24under par. (c) 2. meets the definition of “circulator" under this subsection. The

1commission may not count any signatures on a petition sheet circulated by an
2individual who does not meet the definition.
SB661,5,173 (e) Within 10 days after the commission certifies a petition under par. (c) 3., the
4school board of the school district that is the subject of the petition shall notify the
5department of the scheduled date of the referendum required under this paragraph
6and submit a copy of the petition and certification to the department. The school
7board shall call a special referendum for the purpose of submitting the petition to the
8electors of the school district for approval or rejection. In lieu of a special referendum,
9the school board may specify that the referendum be held at the next regularly
10scheduled spring primary or election or partisan primary or general election, if such
11election is to be held not sooner than 42 days after the petition is certified by the
12commission. The referendum shall be held in accordance with chs. 5 to 12. The form
13of the ballot shall correspond substantially with the standard form for referendum
14ballots prescribed by the commission under ss. 5.64 (2) and 7.08 (1) (a). The question
15submitted shall be whether the reduction in state aid to the school district under s.
16121.08, as provided for under sub. (4d) (b), shall be made. The school district clerk
17shall do all of the following:
SB661,5,2318 1. Publish type A, B, C, D, and E notices of the referendum under s. 10.01 (2).
19Notwithstanding s. 10.01 (2) (a), the type A notice shall include a copy of any
20certificate the commission submitted to the school district clerk under par. (c) 3. and
21the question to be submitted to the voters as provided in this paragraph. Section 5.01
22(1) applies in the event of failure to comply with the notice requirements of this
23paragraph.
SB661,5,2424 2. Provide election officials with all necessary election supplies.
SB661,6,4
1(f) If a majority of those voting on the question submitted under par. (e)
2approves, the department shall make the reduction in state aid under s. 121.08 as
3provided under sub. (4d) (b) in the school district that qualifies under this subsection
4in the first school year that begins after the date on which the question is approved.
SB661,6,65 (g) A school district that qualifies under this subsection remains qualified
6under this subsection.
SB661,3 7Section 3 . 121.91 (4) (n) 1. of the statutes is amended to read:
SB661,6,118 121.91 (4) (n) 1. The limit otherwise applicable to a school district under sub.
9(2m) in any school year is increased by an amount equal to the amount determined
10for that school district
the school district's state aid payment is decreased under ss.
11115.7915 (4m) (f) and 118.60 (4d) (b) 1 .
SB661,6,1212 (End)
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