Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB503 Compare Versions

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

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 503
5	5	October 16, 2023 - Introduced by Senators HESSELBEIN, LARSON, SMITH, ROYS,
6	6	AGARD, SPREITZER and CARPENTER, cosponsored by Representatives C.
7	7	ANDERSON, SHELTON, MADISON, JOERS, BALDEH, SUBECK, SINICKI and RATCLIFF.
8	8	Referred to Committee on Education.
9	9	AN ACT to amend 118.60 (4d) (b) 1. (intro.) and 121.91 (4) (n) 1.; and to create
10	10	118.60 (4e) of the statutes; relating to: state aid to the resident school district
11	11	of a pupil attending a private school under the Racine or statewide parental
12	12	choice program.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill prohibits the Department of Public Instruction from making certain
15	15	reductions in state aid paid to a school district until the electors of the school district
16	16	have approved the reduction in state aid by a referendum vote. Current law requires
17	17	DPI to reduce the state aid paid to a school district in a school year by the amount
18	18	paid in that school year to a private school participating in the Racine or statewide
19	19	parental choice program for each pupil who resides in that school district but who
20	20	attends a private school under the Racine or statewide parental choice program.
21	21	For further information see the state and local fiscal estimate, which will be
22	22	printed as an appendix to this bill.
23	23	The people of the state of Wisconsin, represented in senate and assembly, do
24	24	enact as follows:
25	25	SECTION 1. 118.60 (4d) (b) 1. (intro.) of the statutes is amended to read:
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32	32	SECTION 1 SENATE BILL 503
33	33	118.60 (4d) (b) 1. (intro.) Beginning in the 2015-16 school year, subject to sub.
34	34	(4e) and s. 121.085 (1), the department shall decrease a school district's state aid
35	35	payment under s. 121.08 by an amount calculated as follows:
36	36	SECTION 2. 118.60 (4e) of the statutes is created to read:
37	37	118.60 (4e) (a) In this subsection:
38	38	1. “Circulator" has the meaning given for “qualified circulator" under s. 5.02
39	39	(16g).
40	40	2. “Commission” means the elections commission.
41	41	(b) Beginning with state aid paid in the 2024-25 school year, the department
42	42	may not decrease a school district's state aid payment as provided under sub. (4d) (b)
43	43	until the school district qualifies as provided under this subsection. A school district
44	44	qualifies under this subsection when a petition to have the school district's state aid
45	45	reduced is certified as provided under par. (c) and approved at a referendum as
46	46	provided under par. (e).
47	47	(c) A petition to have a school district's state aid reduced as provided under sub.
48	48	(4d) (b) is certified when all of the following occur:
49	49	1. An individual, committee, or group files a registration statement with the
50	50	commission to initiate the petition. The registration statement shall include the
51	51	name and mailing address of the individual, committee, or group initiating the
52	52	petition.
53	53	2. The individual, committee, or group under subd. 1. circulates the petition
54	54	and files the petition with the commission no later than 60 days after the date on
55	55	which the registration statement is filed under subd. 1. The certification of a
56	56	circulator shall appear at the bottom of each petition sheet filed with the commission
57	57	and shall indicate the date that the circulator makes the certification next to the
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85	85	SECTION 2
86	86	SENATE BILL 503
87	87	circulator's signature. The certification of the circulator shall include all of the
88	88	following:
89	89	a. The name and mailing address of the individual, committee, or group
90	90	initiating the petition.
91	91	b. A statement that the circulator personally circulated the petition and
92	92	personally obtained each of the signatures.
93	93	c. A statement that the circulator knows the signatures are of qualified
94	94	electors, as described under s. 6.02, of the school district that is the subject of the
95	95	petition.
96	96	d. A statement that the circulator knows the signers signed the petition with
97	97	full knowledge of its content.
98	98	e. A statement that the circulator knows the respective residences given for
99	99	each signer.
100	100	f. A statement that the circulator knows each signer signed on the date stated
101	101	opposite the signer's signature.
102	102	g. A statement that the circulator is a qualified elector of this state or, if not a
103	103	qualified elector of this state, is a U.S. citizen who is 18 years of age or older and who,
104	104	if the circulator were a resident of this state, would not be disqualified from voting
105	105	under s. 6.03.
106	106	h. A statement that the circulator intends to support the operation of the
107	107	program under this section in the school district that is the subject of the petition.
108	108	i. A statement that the circulator is aware that falsifying the certification is
109	109	punishable under s. 12.13 (3) (a).
110	110	3. The commission certifies the petition as provided in this subdivision. The
111	111	commission shall, within 31 days after a petition is filed under subd. 2., review the
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138	138	SECTION 2 SENATE BILL 503
139	139	signatures to determine whether the commission may not count any signatures or
140	140	petition sheets under par. (d). If, after review, the commission determines that the
141	141	petition contains a number of signatures of qualified electors in the school district
142	142	that is the subject of the petition that is not less than 20 percent of the number of
143	143	electors voting in the last election of school board members in the school district, the
144	144	commission shall certify the petition to the school district clerk.
145	145	(d) 1. The commission may not count an individual signature on a petition sheet
146	146	if any of the following applies:
147	147	a. The signature is not dated.
148	148	b. The signature is dated outside the circulation period.
149	149	c. The signature is dated after the date of the certification contained on the
150	150	petition sheet.
151	151	d. The residency of the signer of the petition sheet cannot be determined by the
152	152	address given.
153	153	e. The signature is that of an individual who is not a resident of the school
154	154	district that is the subject of the petition.
155	155	f. The signer has been adjudicated not to be a qualified elector on grounds of
156	156	incompetency or limited incompetency as provided in s. 6.03 (3).
157	157	g. The signer is not a qualified elector by reason of age.
158	158	h. The circulator knew or should have known that the signer, for any other
159	159	reason, was not a qualified elector.
160	160	2. The commission may not count any signatures on a petition sheet filed under
161	161	par. (c) 2. if the circulator fails to sign the circulator's certification.
162	162	3. The commission shall confirm that each individual who made a certification
163	163	under par. (c) 2. meets the definition of “circulator" under this subsection. The
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189	189	LRB-4236/1
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191	191	SECTION 2
192	192	SENATE BILL 503
193	193	commission may not count any signatures on a petition sheet circulated by an
194	194	individual who does not meet the definition.
195	195	(e) Within 10 days after the commission certifies a petition under par. (c) 3., the
196	196	school board of the school district that is the subject of the petition shall notify the
197	197	department of the scheduled date of the referendum required under this subsection
198	198	and submit a copy of the petition and certification to the department. The school
199	199	board shall call a special referendum for the purpose of submitting the petition to the
200	200	electors of the school district for approval or rejection. In lieu of a special referendum,
201	201	the school board may specify that the referendum be held at the next regularly
202	202	scheduled spring primary or election or partisan primary or general election, if such
203	203	election is to be held not sooner than 42 days after the petition is certified by the
204	204	commission. The referendum shall be held in accordance with chs. 5 to 12. The form
205	205	of the ballot shall correspond substantially with the standard form for referendum
206	206	ballots prescribed by the commission under ss. 5.64 (2) and 7.08 (1) (a). The question
207	207	submitted shall be whether the reduction in the state aid payment to the school
208	208	district under s. 121.08, as provided under sub. (4d) (b), shall be made. The school
209	209	district clerk shall do all of the following:
210	210	1. Publish types A, B, C, D, and E notices of the referendum under s. 10.01 (2).
211	211	Notwithstanding s. 10.01 (2) (a), the type A notice shall include a copy of any
212	212	certificate the commission submitted to the school district clerk under par. (c) 3. and
213	213	the question to be submitted to the voters as provided in this paragraph. Section 5.01
214	214	(1) applies in the event of failure to comply with the notice requirements of this
215	215	subdivision.
216	216	2. Provide election officials with all necessary election supplies.
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242	242	SECTION 2 SENATE BILL 503
243	243	(f) If a majority of those voting on the question submitted under par. (e) approve
244	244	the reduction in the state aid payment, the department shall make the reduction in
245	245	the state aid payment under s. 121.08 as provided under sub. (4d) (b) in the school
246	246	district that qualifies under this subsection in the first school year that begins after
247	247	the date on which the question is approved.
248	248	(g) A school district that qualifies under this subsection remains qualified
249	249	under this subsection.
250	250	SECTION 3. 121.91 (4) (n) 1. of the statutes is amended to read:
251	251	121.91 (4) (n) 1. The limit otherwise applicable to a school district under sub.
252	252	(2m) in any school year is increased by an amount equal to the amount determined
253	253	for that school district the school district's state aid payment is decreased under ss.
254	254	115.7915 (4m) (f) and 118.60 (4d) (b) 1 .
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