SB231: Bill Text

SB231,9,6 6. `Financial reports.' The authority has agreed to provide to the department of administration all financial reports of the authority and all regular monthly statements of any trustee of the bonds on a direct and ongoing basis.

SB231,9,13 (b) Payment of funds into a special debt service reserve fund. The authority shall pay into any special debt service reserve fund of the authority any moneys appropriated and made available by the state for the purposes of the special debt service reserve fund, any proceeds of a sale of bonds described under sub. (5) (a) 4. d. to the extent provided in the bond resolution authorizing the issuance of the bonds and any other moneys that are made available to the authority for the purpose of the special debt service reserve fund from any other source.

SB231,9,25 (c) Use of moneys in the special debt service reserve fund. All moneys held in any special debt service reserve fund of the authority, except as otherwise specifically provided, shall be used solely for the payment of the principal of bonds secured in whole or in part by the special debt service reserve fund, the making of sinking fund payments with respect to these bonds, the purchase or redemption of these bonds, the payment of interest on these bonds or the payment of any redemption premium required to be paid when these bonds are redeemed prior to maturity. If moneys in a special debt service reserve fund at any time are less than the special debt service reserve fund requirement under par. (e) for the special debt service reserve fund, the authority may not use these moneys for any optional purchase or optional redemption of the bonds. Any income or interest earned by, or increment to, any special debt service reserve fund due to the investment of moneys in the special debt service reserve fund may be transferred by the authority to other funds or accounts of the authority relating to the bonds to the extent that the transfer does not reduce the amount of the special debt service reserve fund below the special debt service reserve fund requirement under par. (e) for the special debt service reserve fund.

SB231,10,12 (d) Limitation on bonds secured by a special debt service reserve fund. The authority shall accumulate in each special debt service reserve fund an amount equal to the special debt service reserve fund requirement under par. (e) for the special debt service reserve fund. The authority may not at any time issue bonds secured in whole or in part by a special debt service reserve fund if upon the issuance of these bonds the amount in the special debt service reserve fund will be less than the special debt service reserve fund requirement under par. (e) for the special debt service reserve fund.

SB231,11,3 (e) Special debt service reserve fund requirement. The special debt service reserve fund requirement for a special debt service reserve fund, as of any particular date of computation, is equal to an amount of money, as provided in the bond resolution authorizing the bonds with respect to which the special debt service reserve fund is established, that may not exceed the maximum annual debt service on the bonds of the authority for that fiscal year or any future fiscal year of the authority secured in whole or in part by that special debt service reserve fund. In computing the annual debt service for any fiscal year, bonds deemed to have been paid in accordance with the defeasance provisions of the bond resolution authorizing the issuance of the bonds shall not be included in bonds outstanding on such date of computation. The annual debt service for any fiscal year is the amount of money equal to the aggregate of all of the following calculated on the assumption that the bonds will, after the date of computation, cease to be outstanding by reason, but only by reason, of the payment of bonds when due, and the payment when due, and application in accordance with the bond resolution authorizing those bonds, of all of the sinking fund payments payable at or after the date of computation:

SB231,11,6 1. All interest payable during the fiscal year on all bonds that are secured in whole or in part by the special debt service reserve fund and that are outstanding on the date of computation.

SB231,11,9 2. The principal amount of all of the bonds that are secured in whole or in part by the special debt service reserve fund, are outstanding on the date of computation and mature during the fiscal year.

SB231,11,13 3. All amounts specified in bond resolutions of the authority authorizing any of the bonds that are secured in whole or in part by the special debt service reserve fund to be payable during the fiscal year as a sinking fund payment with respect to any of the bonds that mature after the fiscal year.

SB231,11,17 (f) Valuation of securities. In computing the amount of a special debt service reserve fund for the purposes of this subsection, securities in which all or a portion of the special debt service reserve fund is invested shall be valued at par, or, if purchased at less than par, at their cost to the authority.

SB231,12,6 (g) State moral obligation pledge. If at any time of valuation the special debt service reserve fund requirement under par. (e) for a special debt service reserve fund exceeds the amount of moneys in the special debt service reserve fund, the authority shall certify to the secretary of administration, the governor and the joint committee on finance the amount necessary to restore the special debt service reserve fund to an amount equal to the special debt service reserve fund requirement under par. (e) for the special debt service reserve fund. If this certification is received by the secretary of administration in an even-numbered year prior to the completion of the budget compilation under s. 16.43, the secretary shall include the certified amount in the budget compilation. In any case, the joint committee on finance shall introduce in either house, in bill form, an appropriation of the amount so certified to the appropriate special debt service reserve fund of the authority. Recognizing its moral obligation to do so, the legislature hereby expresses its expectation and aspiration that, if ever called upon to do so, it shall make this appropriation.

SB231, s. 9 Section 9. 73.0305 of the statutes is amended to read:

SB231,12,14 73.0305 Revenue limits calculations. The department of revenue shall annually determine and certify to the state superintendent of public instruction, no later than the 4th Monday in June, the allowable rate of increase for the limit imposed under s. 121.85 (6) (ar) and subch. VII of ch. 121. For that limit, the allowable rate of increase is the percentage change in the consumer price index for all urban consumers, U.S. city average, between the preceding March 31 and the 2nd preceding March 31, as computed by the federal department of labor.

SB231, s. 10 Section 10. 119.24 of the statutes is amended to read:

SB231,13,2 119.24 Admission of pupils. Each school under the jurisdiction of the board shall be open to pupils residing within the attendance district established for that school under s. 119.16 (2). A pupil residing in any such district may attend a school in another an attendance district other than the one in which he or she resides with the written permission of the superintendent of schools. Beginning in the 2000-01 school year, the board shall provide spaces in each school for pupils who reside outside the attendance district for the school, but shall fill any unused spaces with pupils who reside in the attendance district. A pupil who attends a school may continue to attend that school until he or she graduates from the school and each sibling of that pupil shall be given priority over other pupils in the process of admission for that school.

SB231, s. 11 Section 11. 119.71 (2) of the statutes is repealed.

SB231, s. 12 Section 12. 119.71 (3) of the statutes is amended to read:

SB231,13,10 119.71 (3) (a) The Annually, the board shall use the funds received under sub. (2) spend at least $5,090,000 to expand its half-day 5-year-old kindergarten program to a full-day program, as provided under par. (b), and shall enroll in the expanded program only pupils who meet the income eligibility standards for a free lunch under 42 USC 1758 (b). The board shall select pupils for the expanded program based on the order in which the pupils register for the program.

SB231,13,17 (b) The board shall use the funds received specified under sub. (2) par. (a) to pay the costs of teachers, aides and other support staff, transportation of staff to pupils' homes, in-service programs, parental involvement programs and instructional materials. The board may not use the funds to supplant or replace funding otherwise available for full-day 5-year-old kindergarten or to provide facilities to house the program or to pay pupil transportation or indirect administrative costs associated with the program.

SB231, s. 13 Section 13. 119.72 (5) of the statutes is amended to read:

SB231,13,21 119.72 (5) From the appropriation under s. 20.255 (2) (ec) (kp), the state superintendent shall pay to the board the amount specified in the spending plan under s. 119.80 for the program under this section in each school year.

SB231, s. 14 Section 14. 119.74 (intro.) of the statutes is amended to read:

SB231,14,2 119.74 Extended-day elementary grade, 4-year-old kindergarten and alcohol and other drug abuse programs. (intro.) From the appropriation under s. 20.255 (2) (ec), the state superintendent shall pay to the The board the amounts specified in the spending plan under s. 119.80 shall spend at least $430,000 for the following programs in each school year:

SB231, s. 15 Section 15. 119.75 (2) (a) of the statutes is repealed.

SB231, s. 16 Section 16. 119.75 (2) (b) of the statutes is renumbered 119.75 (2) and amended to read:

SB231,14,13 119.75 (2) The Annually, the board shall use the funds received under par. (a) spend at least $1,070,000 to pay the costs of teachers, aides and other support staff, transportation of staff to pupils' homes, in-service programs, parental involvement programs and instructional materials related to the programs under sub. (1). The board may not use the funds to supplant or replace funding otherwise available for first grade programs or to provide facilities to house the programs under sub. (1) or to pay pupil transportation or indirect administrative costs associated with the programs under sub. (1).

SB231, s. 17 Section 17. 119.78 (1) of the statutes is renumbered 119.78.

SB231, s. 18 Section 18. 119.78 (2) of the statutes is repealed.

SB231, s. 19 Section 19. 119.80 (1) of the statutes is amended to read:

SB231,14,19 119.80 (1) The board shall submit to the governor a proposal for the expenditure of the funds in the appropriation under s. 20.255 (2) (ec) (kp) in each school year.

SB231, s. 20 Section 20. 119.80 (1m) of the statutes is amended to read:

SB231,15,2 119.80 (1m) Annually by June 1, the governor shall submit to the joint committee on finance and to the appropriate standing committees of the legislature under s. 13.172 (3) a proposal for the expenditure of the funds in the appropriation under s. 20.255 (2) (ec) (kp) in the following school year. By June 15, each such standing committee may submit written recommendations on the proposal to the joint committee on finance.

SB231, s. 21 Section 21. 119.80 (4) of the statutes is created to read:

SB231,15,6 119.80 (4) The department may not distribute any funds in the appropriation under s. 20.255 (2) (kp) in any fiscal year until the spending plan for that fiscal year has been approved.

SB231, s. 22 Section 22. 119.82 (3) of the statutes is amended to read:

SB231,15,10 119.82 (3) From the appropriation under s. 20.255 (2) (ec) (kp), the state superintendent shall pay to the board the amount specified in the spending plan under s. 119.80 in each school year for the programs under sub. (1).

SB231, s. 23 Section 23. 121.004 (7) (a) (intro.) of the statutes is amended to read:

SB231,15,16 121.004 (7) (a) (intro.) "Pupils enrolled" is the total number of pupils, as expressed by official enrollments, in all schools of the school district, except as provided in pars. (b) to (e) (f). If such total contains a fraction, it shall be expressed as the nearest whole number. The same method shall be used in computing the number of pupils enrolled for resident pupils, nonresident pupils or both.

SB231, s. 24 Section 24. 121.004 (7) (f) of the statutes is created to read:

SB231,15,21 121.004 (7) (f) A pupil who transfers from one school district to another under s. 121.85 (3) (a) shall be counted by the school district in which the pupil resides as 0.5 pupil or, if appropriate, as a number equal to the result obtained by multiplying 0.5 by the appropriate fraction under under par. (c), (cm) or (d).

SB231, s. 25 Section 25. 121.05 (1) (a) 11. of the statutes is amended to read:

SB231,15,24 121.05 (1) (a) 11. Pupils residing in the school district but attending a public school in another school district under s. 118.51 or 121.85 (3) (a).

SB231, s. 26 Section 26. 121.07 (6) (a) (intro.) of the statutes is amended to read:

SB231,16,9 121.07 (6) (a) "Shared cost" is the sum of the net cost of the general fund and the net cost of the debt service fund, except that "shared cost" excludes any costs, including attorney fees, incurred by a school district as a result of its participation in a lawsuit commenced against the state, beginning with such costs incurred in the fiscal year in which the lawsuit is commenced and excludes the costs of transporting those transfer pupils for whom the school district operating under ch. 119 does not receive intradistrict transfer aid under s. 121.85 (6) as a result of s. 121.85 (6) (am). In this paragraph, "net cost of the debt service fund" includes all of the following amounts:

SB231, s. 27 Section 27. 121.58 (5) of the statutes is amended to read:

SB231,16,18 121.58 (5) State superintendent approval. If the state superintendent is satisfied that transportation or board and lodging was provided in compliance with law, the state superintendent shall certify to the department of administration the sum due the school district. The state superintendent may not certify payment of state aid under sub. (2) for the number of pupils calculated under s. 121.85 (6) (am). In case of differences concerning the character and sufficiency of the transportation or board and lodging, the state superintendent may determine such matter and his or her decision is final.

SB231, s. 28 Section 28. 121.85 (6) (a) (intro.) of the statutes is amended to read:

SB231,16,23 121.85 (6) (a) Intradistrict transfer. (intro.) The Except as provided under pars. (am) and (ar), the school district of attendance of pupils transferring from one attendance area to another under subs. (3) (b) and (4) shall be entitled to an amount determined as follows:

SB231, s. 29 Section 29. 121.85 (6) (a) 2. of the statutes is amended to read:

SB231,17,2 121.85 (6) (a) 2. Multiply the number of transfer pupils, as counted for membership purposes under s. 121.004 (7), by 0.25.

SB231, s. 30 Section 30. 121.85 (6) (am) of the statutes is created to read:

SB231,17,6 121.85 (6) (am) Reduction of intradistrict transfer aid. The school district operating under ch. 119 may not receive aid under par. (a) for the number of pupils calculated as follows, if the calculation results in a positive number:

SB231,17,7 1. In the 2000-01 school year:

SB231,17,10 a. Subtract from 75% the percentage of pupils whose parents or guardians have provided the board of school directors with written consent to a pupil transfer to another attendance area.

SB231,17,12 b. Multiply the result under subd. 1. a. by the total number of transfer pupils under par. (a) in the current school year.

SB231,17,13 2. In the 2001-02 school year:

SB231,17,16 a. Subtract from 80% the percentage of pupils whose parents or guardians have provided the board of school directors with written consent to a pupil transfer to another attendance area.

SB231,17,18 b. Multiply the result under subd. 2. a. by the total number of transfer pupils under par. (a) in the current school year.

SB231,17,19 3. In the 2002-03 school year:

SB231,17,22 a. Subtract from 90% the percentage of pupils whose parents or guardians have provided the board of school directors with written consent to a pupil transfer to another attendance area.

SB231,17,24 b. Multiply the result under subd. 3. a. by the total number of transfer pupils under par. (a) in the current school year.

SB231,17,25 4. In the 2003-04 school year:

SB231,18,3 a. Subtract from 95% the percentage of pupils whose parents or guardians have provided the board of school directors with written consent to a pupil transfer to another attendance area.

SB231,18,5 b. Multiply the result under subd. 4. a. by the total number of transfer pupils under par. (a) in the current school year.

SB231,18,8 5. In the 2004-05 school year and each school year thereafter, the number of pupils whose parents or guardians have not provided the board of school directors with written consent to a pupil transfer to another attendance area.

SB231, s. 31 Section 31. 121.85 (6) (ar) of the statutes is created to read:

SB231,18,11 121.85 (6) (ar) Hold harmless. 1. In the 1999-2000 school year, the department shall pay to the school district operating under ch. 119 the greater of the following:

SB231,18,14 a. The amount of aid received in the 1998-99 school year under par. (a) multiplied by the sum of 1.0 plus the allowable rate of increase under s. 73.0305 expressed as a decimal.

SB231,18,15 b. The amount of aid to which the school district is entitled under par. (a).

SB231,18,18 2. Except as provided in subd. 3., in the 2000-01 school year and in each school year thereafter, the department shall pay to the school district operating under ch. 119 the greater of the following:

SB231,18,21 a. The amount of aid received in the 1998-99 school year under par. (a), adjusted annually for the school years since 1998-99 by the allowable rate of increase under s. 73.0305 as described under subd. 1. a., less the reduction under par. (am).

SB231,18,23 b. The amount of aid to which the school district is entitled under par. (a), less the reduction under par. (am).

SB231,19,2 3. a. If one or more bonds are issued under s. 66.431 (5) (a) 4., subd. 2. does not apply beginning in the first fiscal year following certification by the secretary of administration to the department that the last principal and interest payment on the bonds has been made.

SB231,19,4 b. If no bonds are issued under s. 66.431 (5) (a) 4. by the date specified in that section, subd. 2. does not apply beginning in the first fiscal year following that date.

SB231, s. 32 Section 32. 121.85 (6) (b) 1. of the statutes is repealed.

SB231, s. 33 Section 33. 121.85 (6) (f) of the statutes is repealed.

SB231, s. 34 Section 34. 121.85 (6m) of the statutes is created to read:

SB231,19,16 121.85 (6m) Use of aid for debt service. The board of directors of the school district operating under ch. 119 may use intradistrict transfer aid under sub. (6) to pay debt service on bonds issued under s. 66.431 (5m). If the board of school directors decides to use the aid to pay the debt service, it may request the department to remit the intradistrict transfer aid under sub. (6) to the redevelopment authority of the city of Milwaukee in an annual amount agreed to by the board of school directors and the department, and the department shall ensure that the aid remittance does not affect the amount determined to be received by the board of school directors as state aid under s. 121.08 for any other purpose.

SB231, s. 35 Section 35. 121.85 (7) of the statutes is amended to read:

SB231,20,9 121.85 (7) Transportation. Transportation shall be provided to pupils transferring schools under this section if required under subch. IV. Transportation for a pupil attending a public school under sub. (3) (a) outside the pupil's school district of residence shall be provided pursuant to agreement between the school district of residence and the school district of attendance. If either the school district of residence or the school district of attendance operates a program of intradistrict transfers under sub. (3) (b), that school district shall be responsible for the cost of transportation. The school district may meet this responsibility either by contracting directly for provision of transportation or by reimbursing another school district for the cost of such a contract. Transportation for a pupil attending a public school under sub. (3) (b) outside his or her attendance area of residence may be provided by his or her school district. A school district providing transportation under this subsection may not claim transportation aid under subch. IV for pupils so transported. A school district that transports a pupil who moves outside his or her attendance district during the school year to the school in the pupil's former attendance district may use intradistrict transfer aid under sub. (6) to pay the costs of transporting the pupil.

SB231, s. 36 Section 36. 121.87 (3) of the statutes is created to read:

SB231,20,15 121.87 (3) In addition to the report under sub. (1), annually by May 1 the board of school directors of the school district operating under ch. 119 shall submit a report to the legislature under s. 13.172 (2) that specifies the number, percentage, race, sex, grade and attendance area of pupils transferred outside their attendance area without written consent under s. 121.85 (6) (am).

SB231, s. 37 Section 37. 121.90 (1) (e) of the statutes is created to read:

SB231,20,20 121.90 (1) (e) In determining a school district's revenue limit for the 2000-01 school year or for any school year thereafter, the department shall calculate the number of pupils enrolled in each school year prior to the 2000-01 school year as the number was calculated in that school year under s. 121.85 (6) (b) 1. and (f), 1997 stats.

SB231, s. 38 Section 38 . Nonstatutory provisions.

SB231,21,2 (1) Study of special transfer program. The joint legislative council is requested to conduct a study of the special transfer program under subchapter VI of chapter 121 of the statutes. If the joint legislative council conducts the study, it shall report its findings, conclusions and recommendations to the legislature in the manner provided under section 13.172 (2) of the statutes by January 1, 2000.

SB231,21,3 (2) Special transfer aid report.

SB231,21,7 (a) By May 1, 2000, the board of school directors of the school district operating under chapter 119 of the statutes shall submit a report to the joint committee on finance for its approval under paragraph (b ). The report shall include all of the following:

SB231,21,9 1. A strategy for achieving the percentages specified under section 121.85 (6) (am) of the statutes, as created by this act.

SB231,21,11 2. A facility plan specifying the neighborhood schools that are needed, the location of specialty schools and the estimated cost of the facility plan.