Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB210 Compare Versions

Only one version of the bill is available at this time.

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1	1	LRB-1856/1
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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 210
5	5	April 3, 2023 - Introduced by Senators QUINN, HESSELBEIN, BALLWEG, COWLES,
6	6	FELZKOWSKI, FEYEN, ROYS, SPREITZER, STROEBEL, TOMCZYK and WANGGAARD,
7	7	cosponsored by Representatives S. JOHNSON, KITCHENS, BARE, BEHNKE,
8	8	BRANDTJEN, CABRERA, CONLEY, CONSIDINE, EMERSON, GREEN, JOERS, MURPHY,
9	9	O'CONNOR, PENTERMAN, MURSAU and STUBBS. Referred to Committee on
10	10	Education.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to renumber and amend 120.20 (2); and to create 120.20 (1m) and
13	13	120.20 (2) (b) of the statutes; relating to: allowing a school board member to
14	14	serve as a volunteer school bus driver.
15	15	Analysis by the Legislative Reference Bureau
16	16	Under current law, unless specifically allowed by a statute, the common law
17	17	doctrine of incompatibility prohibits a person from holding two or more public
18	18	positions when the duties of each position might conflict, or when one position might
19	19	be seen as superior to the other. Currently, there is a statutory exception to the
20	20	common law doctrine of incompatibility that allows a school board member to serve
21	21	as a volunteer coach or extracurricular activity supervisor. This bill creates a similar
22	22	statutory exception that allows a school board member to serve as a volunteer school
23	23	bus driver.
24	24	Under the bill, an individual is allowed to serve as a school board member and
25	25	a volunteer school bus driver at the same time if the school board member 1) has
26	26	received a school bus endorsement from the Department of Transportation that
27	27	authorizes the school board member to operate a school bus, 2) holds a valid
28	28	commercial driver license, 3) does not receive compensation for serving as a
29	29	volunteer school bus driver, and 4) agrees to abstain from voting on any issue that
30	30	comes before the school board that substantially and directly concerns school bus
31	31	drivers. The bill further specifies that reimbursement for expenses incurred in
32	32	connection with providing volunteer services does not change a school board
33	33	member's status as a volunteer coach, supervisor, or school bus driver, including, in
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36	36	3 - 2 -2023 - 2024 Legislature LRB-1856/1
37	37	FFK:klm
38	38	SENATE BILL 210
39	39	the case of a volunteer school bus driver, reimbursement for the costs of training for
40	40	or renewing a required license or endorsement.
41	41	The people of the state of Wisconsin, represented in senate and assembly, do
42	42	enact as follows:
43	43	SECTION 1. 120.20 (1m) of the statutes is created to read:
44	44	120.20 (1m) A school board member may serve as a volunteer school bus driver
45	45	if all of the following apply:
46	46	(a) The school board member has received authorization to operate a school
47	47	bus, as defined in s. 121.51 (4), from the department of transportation in the form of
48	48	a school bus endorsement under s. 343.12.
49	49	(b) The school board member holds a valid commercial driver license, as defined
50	50	in s. 340.01 (7m).
51	51	(c) The school board member does not receive compensation for serving as a
52	52	volunteer school bus driver.
53	53	(d) The school board member agrees to abstain from voting on any issue that
54	54	comes before the school board that substantially and directly concerns school bus
55	55	drivers.
56	56	SECTION 2. 120.20 (2) of the statutes is renumbered 120.20 (2) (a) and amended
57	57	to read:
58	58	120.20 (2) (a) Subsection Subsections (1) (b) and (1m) (d) may not be construed
59	59	to require a school board member who is serving as a volunteer coach or, supervisor,
60	60	or school bus driver to abstain from voting on the school district's annual budget.
61	61	SECTION 3. 120.20 (2) (b) of the statutes is created to read:
62	62	120.20 (2) (b) Reimbursement for expenses incurred in connection with
63	63	providing volunteer services is not considered compensation for purposes of sub. (1)
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84	84	21 - 3 -2023 - 2024 Legislature
85	85	LRB-1856/1
86	86	FFK:klm
87	87	SECTION 3
88	88	SENATE BILL 210
89	89	(a) or (1m) (c). For a school board member serving as a volunteer school bus driver,
90	90	any costs related to training for or renewing a commercial driver license or a school
91	91	bus endorsement under s. 343.12 is considered an expense incurred in connection
92	92	with providing the volunteer service.
93	93	(END)
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