Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB507 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 507
5	5	October 16, 2023 - Introduced by Senators LARSON, L. JOHNSON, SMITH, ROYS,
6	6	HESSELBEIN, AGARD, SPREITZER, CARPENTER and PFAFF, cosponsored by
7	7	Representatives SHELTON, RATCLIFF, JACOBSON, C. ANDERSON, CONSIDINE,
8	8	SHANKLAND, J. ANDERSON, BALDEH, CABRERA, CLANCY, CONLEY, HAYWOOD, HONG,
9	9	JOERS, OHNSTAD, PALMERI, SINICKI, SNODGRASS, STUBBS and VINING. Referred to
10	10	Committee on Education.
11	11	AN ACT to repeal 118.134 (3r), 118.134 (4) (b), 227.43 (1) (bd), 227.43 (3) (br) and
12	12	227.43 (4) (br); to renumber and amend 118.134 (1m) (b), 118.134 (2) and
13	13	118.134 (4) (a); to amend 118.134 (1), 118.134 (1m) (a), 118.134 (3) (a), 118.134
14	14	(3) (b) 2. and 118.134 (3) (c); and to create 20.255 (2) (kg), 20.505 (8) (hm) 29.,
15	15	118.134 (1m) (a) 1m., 118.134 (1m) (b) 2., 118.134 (2) (b) and 118.134 (6) of the
16	16	statutes; relating to: race-based nicknames, logos, mascots, and team names;
17	17	providing an exemption from rule-making and emergency rule procedures; and
18	18	making an appropriation.
19	19	Analysis by the Legislative Reference Bureau
20	20	This bill restores the law as it existed prior to the enactment of 2013 Wisconsin
21	21	Act 115 governing the use of race-based nicknames, logos, mascots, and team names
22	22	by school boards and authorizes the Department of Public Instruction to award a
23	23	grant to a school board that terminates the use of a race-based nickname, logo,
24	24	mascot, or team name that is associated with a federally recognized American Indian
25	25	tribe or American Indians.
26	26	Under current law, a complaint to object to a school board's use of a race-based
27	27	nickname, logo, mascot, or team name must include the signatures of at least the
28	28	number of school district residents that is equal to 10 percent of the school district's
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38	38	SENATE BILL 507
39	39	membership, and the signatures must be obtained within the 120-day period before
40	40	the complaint is filed. The bill eliminates this requirement. Under the bill, the state
41	41	superintendent of public instruction must immediately review a complaint
42	42	submitted by a school district resident and determine whether the use of the
43	43	nickname or team name by the school board, alone or in connection with a logo or
44	44	mascot, is ambiguous as to whether it is race-based.
45	45	Under current law, the Division of Hearings and Appeals is required to hold a
46	46	hearing on a complaint objecting to a school board's use of a race-based nickname,
47	47	logo, mascot, or team name. Under the bill, unless the state superintendent
48	48	determines that a contested case hearing is not necessary or otherwise postpones the
49	49	hearing, the state superintendent must hold a hearing within 45 days of receiving
50	50	such a complaint. The bill also reverses the burden of proof at a hearing challenging
51	51	the use of a race-based nickname, logo, mascot, or team name so that the burden is
52	52	on the school board to demonstrate that the nickname, logo, mascot, or team name
53	53	does not promote discrimination, pupil harassment, or stereotyping.
54	54	Under current law, the state superintendent may forego a hearing on a
55	55	complaint if a school board demonstrates that a federally recognized American
56	56	Indian tribe that has historical ties to this state has, under an agreement with the
57	57	school board, approved the school board's use of the nickname, logo, mascot, or team
58	58	name. The bill restricts the state superintendent's authority to forego a hearing to
59	59	only those situations in which the American Indian tribe that is referenced, depicted,
60	60	or portrayed in the nickname, logo, mascot, or team name approved the use.
61	61	Under current law, a school district is prohibited from being a member of an
62	62	interscholastic athletic association that bars a member from using a race-based
63	63	nickname, logo, mascot, or team name unless the use violates a decision and order
64	64	issued on or after December 21, 2013. The bill eliminates this prohibition. The bill
65	65	also eliminates a prohibition against the state superintendent promulgating rules
66	66	that create a presumption of what constitutes a race-based nickname, logo, mascot,
67	67	or team name that promotes discrimination, pupil harassment, or stereotyping.
68	68	Under the bill, DPI may award a grant to a school board that terminates the
69	69	use of a race-based nickname, logo, mascot, or team name, regardless of whether the
70	70	termination is voluntary, in response to an objection, or to comply with an order. The
71	71	bill specifies that the amount of the grant may not exceed the greater of $50,000 or
72	72	the actual cost incurred by the school board to replace the race-based nickname, logo,
73	73	mascot, or team name. Under the bill, these grants are funded from Indian gaming
74	74	receipts.
75	75	For further information see the state and local fiscal estimate, which will be
76	76	printed as an appendix to this bill.
77	77	The people of the state of Wisconsin, represented in senate and assembly, do
78	78	enact as follows: - 3 -2023 - 2024 Legislature
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81	81	SECTION 1
82	82	SENATE BILL 507
83	83	SECTION 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
84	84	the following amounts for the purposes indicated:
85	85	2023-24 2024-25
86	86	20.255 Public instruction, department of
87	87	(2) AIDS FOR LOCAL EDUCATIONAL PROGRAMMING
88	88	(kg)Grants to replace certain race-
89	89	based nicknames, logos, mascots,
90	90	and team names PR-S A 200,000 200,000
91	91	SECTION 2. 20.255 (2) (kg) of the statutes is created to read:
92	92	20.255 (2) (kg) Grants to replace certain race-based nicknames, logos, mascots,
93	93	and team names. The amounts in the schedule for grants to school boards under s.
94	94	118.134 (6). All moneys transferred from the appropriation account under s. 20.505
95	95	(8) (hm) 29. shall be credited to this appropriation account. Notwithstanding s.
96	96	20.001 (3) (a), the unencumbered balance on June 30 of each year shall revert to the
97	97	appropriation account under s. 20.505 (8) (hm).
98	98	SECTION 3. 20.505 (8) (hm) 29. of the statutes is created to read:
99	99	20.505 (8) (hm) 29. The amount transferred to s. 20.255 (2) (kg) shall be the
100	100	amount in the schedule under s. 20.255 (2) (kg).
101	101	SECTION 4. 118.134 (1) of the statutes is amended to read:
102	102	118.134 (1) Notwithstanding s. 118.13 and except as provided in sub. (3m), a
103	103	school district resident may object to the use of a race-based nickname, logo, mascot,
104	104	or team name by the school board of that school district by filing a complaint
105	105	containing a number of signatures of school district electors equal to at least 10
106	106	percent of the school district's membership, as defined in s. 121.004 (5), with the state
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131	131	SECTION 4 SENATE BILL 507
132	132	superintendent. A signature on a complaint is valid only if the signature is obtained
133	133	within the 120-day period before the complaint is filed with the state
134	134	superintendent. If a complainant objects to the use of a nickname or team name by
135	135	the school board, the state superintendent shall immediately review the complaint
136	136	and determine whether the use of the nickname or team name by the school board,
137	137	alone or in connection with a logo or mascot, is ambiguous as to whether it is
138	138	race-based. The state superintendent shall do all of the following:
139	139	(a) Notify the school board of the receipt of the complaint and of the state
140	140	superintendent's determination regarding whether the use of the nickname or team
141	141	name is ambiguous as to whether it is race-based and direct the school board to
142	142	submit, if applicable, any of the information under sub. (1m) (a).
143	143	(b) Except as provided in sub. (1m), refer the complaint to the division of
144	144	hearings and appeals for a contested case hearing. The division of hearings and
145	145	appeals shall schedule a hearing on the referred complaint with reasonable
146	146	promptness contested case hearing within 45 days after the complaint is filed.
147	147	SECTION 5. 118.134 (1m) (a) of the statutes is amended to read:
148	148	118.134 (1m) (a) The state superintendent may determine that no contested
149	149	case hearing is necessary or that a hearing date may be postponed for the purpose
150	150	of obtaining additional information from the school board if, no later than 10 days
151	151	after being notified of the receipt of the complaint, the school board submits evidence
152	152	to the state superintendent that demonstrates all of the following:
153	153	2. A The federally recognized American Indian tribe that has historical ties
154	154	to this state has entered into an agreement with the school board under which the
155	155	tribe grants under subd. 1m. has granted approval to the school board to refer to,
156	156	depict, or portray the tribe or American Indians, in general, in a specific nickname,
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184	184	SECTION 5
185	185	SENATE BILL 507
186	186	logo, or mascot or to use the name of the tribe or American Indians, in general, as a
187	187	team name in the specific manner used by the school board and has not rescinded
188	188	that approval.
189	189	3. The use of the nickname, logo, mascot, or team name that has been approved
190	190	by a the tribe under as provided in subd. 2. is the use to which the school district
191	191	resident objects in the complaint filed under sub. (1).
192	192	SECTION 6. 118.134 (1m) (a) 1m. of the statutes is created to read:
193	193	118.134 (1m) (a) 1m. The nickname, logo, mascot, or team name that is used
194	194	by the school board and that is the basis of the complaint is a reference to, a depiction
195	195	or portrayal of, or the name of a specific, federally recognized American Indian tribe.
196	196	SECTION 7. 118.134 (1m) (b) of the statutes is renumbered 118.134 (1m) (b)
197	197	(intro.) and amended to read:
198	198	118.134 (1m) (b) (intro.) If the state superintendent determines that a
199	199	contested case hearing is not necessary does any of the following, the state
200	200	superintendent shall notify the school district resident who filed the complaint under
201	201	sub. (1) and the school board of his or her decision in writing.:
202	202	1. Determines that a contested case hearing is not necessary. A decision under
203	203	this paragraph subdivision is subject to judicial review under ch. 227.
204	204	SECTION 8. 118.134 (1m) (b) 2. of the statutes is created to read:
205	205	118.134 (1m) (b) 2. Postpones a hearing date as provided in par. (a).
206	206	SECTION 9. 118.134 (2) of the statutes is renumbered 118.134 (2) (a) and
207	207	amended to read:
208	208	118.134 (2) (a) At Except as provided in par. (b), at the hearing, the school
209	209	district resident who filed the complaint under sub. (1) board has the burden of
210	210	proving by clear and convincing evidence that the use of the race-based nickname,
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237	237	SECTION 9 SENATE BILL 507
238	238	logo, mascot, or team name promotes does not promote discrimination, pupil
239	239	harassment, or stereotyping, as defined by the state superintendent by rule.
240	240	SECTION 10. 118.134 (2) (b) of the statutes is created to read:
241	241	118.134 (2) (b) 1. Except as provided in subd. 2., if the state superintendent
242	242	determined under sub. (1) that the use of a nickname or team name by a school board
243	243	is ambiguous as to whether it is race-based, the use of the nickname or team name
244	244	by the school board shall be presumed to be not race-based, and the school district
245	245	resident who filed the complaint under sub. (1) has the burden of proving by clear and
246	246	convincing evidence at the hearing that the use of the nickname or team name by the
247	247	school board promotes discrimination, pupil harassment, or stereotyping, as defined
248	248	by the state superintendent by rule.
249	249	2. If the state superintendent determined under sub. (1) that the use of a
250	250	nickname or team name by a school board is ambiguous as to whether it is race-based
251	251	but that the use of the nickname or team name in connection with a logo or mascot
252	252	is race-based, the school board has the burden of proving by clear and convincing
253	253	evidence at the hearing that the use of the nickname or team name in connection with
254	254	the logo or mascot does not promote discrimination, pupil harassment, or
255	255	stereotyping, as defined by the state superintendent by rule.
256	256	SECTION 11. 118.134 (3) (a) of the statutes is amended to read:
257	257	118.134 (3) (a) The division of hearings and appeals state superintendent shall
258	258	issue a decision and order within 45 days after the hearing. If the division of hearings
259	259	and appeals state superintendent finds that the use of the race-based nickname,
260	260	logo, mascot, or team name does not promote discrimination, pupil harassment, or
261	261	stereotyping, the division of hearings and appeals state superintendent shall
262	262	dismiss the complaint. Except as provided in pars. (b) and (d), if the division of
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290	290	SECTION 11
291	291	SENATE BILL 507
292	292	hearings and appeals state superintendent finds that the use of the race-based
293	293	nickname, logo, mascot, or team name promotes discrimination, pupil harassment,
294	294	or stereotyping, the division of hearings and appeals state superintendent shall
295	295	order the school board to terminate its use of the race-based nickname, logo, mascot,
296	296	or team name within 12 months after issuance of the order.
297	297	SECTION 12. 118.134 (3) (b) 2. of the statutes is amended to read:
298	298	118.134 (3) (b) 2. a. If, at the hearing under sub. (2) or after a decision and order
299	299	have been issued under par. (a), the school board presents evidence to the division
300	300	of hearings and appeals state superintendent that extenuating circumstances
301	301	render full compliance with the decision and order within 12 months after the
302	302	issuance of that decision and order impossible or impracticable, the division of
303	303	hearings and appeals state superintendent may issue an order to extend the time
304	304	within which the school board must terminate its use of the race-based nickname,
305	305	logo, mascot, or team name. Except as provided in subd. 2. b., the extension may not
306	306	exceed 24 months and shall apply only to those portions of the decision and order to
307	307	which extenuating circumstances apply.
308	308	b. The division of hearings and appeals state superintendent may extend the
309	309	time granted to a school board under subd. 2. a. if the school board presents evidence
310	310	to the division of hearings and appeals state superintendent that compliance with
311	311	a portion of the decision and order issued under par. (a) may be accomplished through
312	312	a regularly scheduled maintenance program and that the cost of compliance with
313	313	that portion of the decision and order exceeds $5,000. The extension granted under
314	314	this subd. 2. b. may not exceed 96 months and applies only to that portion of the
315	315	decision and order with which compliance will be accomplished through the
316	316	regularly scheduled maintenance program and that costs more than $5,000.
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343	343	SECTION 13 SENATE BILL 507
344	344	SECTION 13. 118.134 (3) (c) of the statutes is amended to read:
345	345	118.134 (3) (c) Decisions of the state superintendent under this subsection are
346	346	subject to judicial review under ch. 227. The venue for a proceeding to review a
347	347	decision under this section is the circuit court in any county in which territory of the
348	348	school district is located.
349	349	SECTION 14. 118.134 (3r) of the statutes is repealed.
350	350	SECTION 15. 118.134 (4) (a) of the statutes is renumbered 118.134 (4) and
351	351	amended to read:
352	352	118.134 (4) Except as provided in par. (b), the The state superintendent shall
353	353	promulgate rules necessary to implement and administer this section.
354	354	SECTION 16. 118.134 (4) (b) of the statutes is repealed.
355	355	SECTION 17. 118.134 (6) of the statutes is created to read:
356	356	118.134 (6) Regardless of whether or not an objection is made under sub. (1)
357	357	or an order is issued under sub. (3), if a school board adopts a resolution to terminate
358	358	the use of a race-based nickname, logo, mascot, or team name that is associated with
359	359	a federally recognized American Indian tribe or American Indians, in general, the
360	360	state superintendent may award a grant to the school board for the costs associated
361	361	with adopting and implementing a nickname, logo, mascot, or team name that is not
362	362	race-based. The state superintendent may not award a grant under this subsection
363	363	in an amount that exceeds the greater of $50,000 or a school board's actual costs to
364	364	adopt and implement a nickname, logo, mascot, or team name. The state
365	365	superintendent shall pay the awards under this subsection from the appropriation
366	366	under s. 20.255 (2) (kg).
367	367	SECTION 18. 227.43 (1) (bd) of the statutes is repealed.
368	368	SECTION 19. 227.43 (3) (br) of the statutes is repealed.
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396	396	SECTION 20
397	397	SENATE BILL 507
398	398	SECTION 20. 227.43 (4) (br) of the statutes is repealed.
399	399	SECTION 21.0Nonstatutory provisions.
400	400	(1) The department of public instruction shall submit in proposed form the
401	401	rules required under s. 118.134 (4) to the legislative council staff under s. 227.15 (1)
402	402	no later than the first day of the 4th month beginning after the effective date of this
403	403	subsection.
404	404	(2) Notwithstanding s. 227.135 (1), the department of public instruction is not
405	405	required to prepare a statement of scope of the rules required under s. 118.134 (4).
406	406	(3) Sections 227.137, 227.139, and 227.19 (5) (b) 3. do not apply to the rules
407	407	required under s. 118.134 (4).
408	408	(4) Using the procedure under s. 227.24, the department of public instruction
409	409	may promulgate rules required under s. 118.134 (4) for the period before the effective
410	410	date of the rules submitted under sub. (1), but not to exceed the period authorized
411	411	under s. 227.24 (1) (c), subject to extension under s. 227.24 (2). Notwithstanding s.
412	412	227.24 (1) (a), (2) (b), and (3), the department is not required to provide evidence that
413	413	promulgating a rule under this subsection as an emergency rule is necessary for the
414	414	preservation of the public peace, health, safety, or welfare and is not required to
415	415	provide a finding of emergency for a rule promulgated under this subsection.
416	416	SECTION 22.0Initial applicability.
417	417	(1) This act first applies to a complaint objecting to the use of a race-based
418	418	nickname, logo, mascot, or team name that is filed with the state superintendent of
419	419	public instruction on the effective date of this subsection.
420	420	SECTION 23.0Effective dates. This act takes effect on the first day of the 4th
421	421	month beginning after publication, except as follows:
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447	447	SECTION 23 SENATE BILL 507
448	448	(1) SECTION 21 (1), (2), (3), and (4) takes effect on the day after publication.
449	449	(END)
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