2003 Wisconsin Act 33

36.27 (1) (am) 2. The approved recommendations of the secretary of employment relations director of the office of state human resources management for compensation and fringe benefits for classified staff, for unclassified employees specified in s. 230.12 (1) (a) 1. b., and for unclassified employees specified in s. 230.12 (3) (e). If these recommendations have not been approved by the joint committee on employment relations by the time the board sets academic fees, the board may raise academic fees for resident undergraduate students by an amount sufficient to fund the recommendations of the secretary of employment relations director of the office of state human resources management for compensation and fringe benefits for classified staff and for unclassified employees specified in s. 230.12 (1) (a) 1. b. and the board's recommendations for unclassified employees specified in s. 230.12 (3) (e). If the secretary of employment relations director of the office of state human resources management has not made recommendations by the time the board sets academic fees, the board may raise academic fees for resident undergraduate students by an amount sufficient to fund the board's estimate of compensation and fringe benefits for classified staff and for unclassified employees specified in s. 230.12 (1) (a) 1. b. and the board's recommendations for unclassified employees specified in s. 230.12 (3) (e). If the board sets academic fees based upon the board's estimate and the board's unapproved recommendations, and the recommendations of the board and the secretary of employment relations director of the office of state human resources management as finally approved by the joint committee on employment relations call for a lower rate of compensation and fringe benefits than the board's estimate and unapproved recommendations, the board shall lower academic student fees for resident undergraduate students for the next academic year by an amount equal to the difference between the academic fees charged and an amount sufficient to fund the approved recommendations. If the board sets academic fees based upon the board's estimate and unapproved recommendations, and the recommendations of the board and the secretary of employment relations director of the office of state human resources management as finally approved by the joint committee on employment relations call for a higher rate of compensation and fringe benefits than the board's estimate and unapproved recommendations, the board may raise academic student fees for resident undergraduate students for the next academic year by an amount equal to the difference between the academic fees charged and an amount sufficient to fund the approved recommendations.

33,939 Section 939. 36.34 (1) (b) of the statutes is amended to read:

36.34 (1) (b) The board shall establish a grant program for minority undergraduates enrolled in the system. The board shall designate all grants under this subsection as Lawton grants. Grants shall be awarded from the appropriation appropriations under s. 20.285 (4) (dd) and (g). The board may not make a grant under this subsection to a person whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the person provides to the board a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

33,939g Section 939g. 36.34 (1) (b) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

36.34 (1) (b) The board shall establish a grant program for minority undergraduates enrolled in the system. The board shall designate all grants under this subsection as Lawton grants. Grants shall be awarded from the appropriations appropriation under s. 20.285 (4) (dd) and (g). The board may not make a grant under this subsection to a person whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the person provides to the board a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

33,939m Section 939m. 36.34 (1) (c) 1. a. and b. and 2. (intro.) of the statutes are amended to read:

36.34 (1) (c) 1. a. For purposes of determining the appropriation under s. 20.285 (4) (dd) for fiscal year 2003-04 2005-06, "base amount" means the amount shown in the schedule under s. 20.005 for that appropriation for fiscal year 2002-03 2004-05.

b. For purposes of determining the appropriation under s. 20.285 (4) (dd) for each fiscal year after fiscal year 2003-04 2005-06, "base amount" means the appropriation determined under subd. 2. for the previous fiscal year.

2. (intro.) Annually Beginning in 2005, annually, by February 1, the board shall determine the appropriation under s. 20.285 (4) (dd) for the next fiscal year as follows:

33,940 Section 940. 36.51 (6) of the statutes is amended to read:

36.51 (6) The college campus or institution may file a claim with the department of public instruction for reimbursement for reasonable expenses incurred, excluding capital equipment costs, but not to exceed 15% of the cost of the meal or 50 cents per meal, whichever is less. Any cost in excess of the lesser amount may be charged to participants. If the department of public instruction approves the claim, it shall certify that payment is due and the state treasurer secretary of administration shall pay the claim from the appropriation under s. 20.255 (2) (cn).

33,942 Section 942. 38.04 (19) of the statutes is repealed.

33,943 Section 943. 38.04 (28) of the statutes is created to read:

38.04 (28) Health care education programs. From the appropriation under s. 20.292 (1) (ch), the board shall award grants to district boards to expand health care education programs.

33,943m Section 943m. 38.17 of the statutes is created to read:

38.17 Levy limit. (1) Definition. In this section, "debt service" includes debt service on debt issued or reissued to fund or refund outstanding municipal obligations, interest on outstanding municipal obligations, and related issuance costs and redemption premiums.

(2) Limit. Except as provided in subs. (3) and (4), no district board may increase its levy for any fiscal year to an amount that exceeds its levy for the previous fiscal year multiplied by 1.026.

(3) Adjustments. (a) 1. If a district board transfers to another governmental unit responsibility for providing any service that it provided in the preceding fiscal year, the limit otherwise applicable under sub. (2) in the current fiscal year is decreased by the cost that it would have incurred to provide that service, as determined by the department of revenue.

2. If a district board increases the services that it provides by adding responsibility for providing a service transferred to it from another governmental unit that provided the service in the previous fiscal year, the limit otherwise applicable under sub. (2) in the current fiscal year is increased by the cost of that service, as determined by the department of revenue.

(b) If the amount of debt service for a district board in the preceding fiscal year is less than the amount of debt service needed in the current fiscal year, as a result of the district board adopting a resolution before July 1, 2003, authorizing the issuance of debt, the limit otherwise applicable under sub. (2) for the current fiscal year is increased by the difference between the 2 amounts, as determined by the department of revenue.

(4) Referendum. (a) 1. A district board may exceed the levy limit under sub. (2) if it adopts a resolution to that effect and the resolution is approved in a referendum. The resolution shall specify the proposed amount of increase in the levy beyond the amount that is allowed under sub. (2).

2. Except as provided in subd. 3., the district board may call a special referendum for the purpose of submitting the resolution to the electors of the district for approval or rejection.

3. A referendum to exceed the limit under sub. (2) for the levy for the 2004-05 fiscal year shall be held at the spring primary or election or September primary or general election in 2004.

(b) The district board shall publish type A, B, C, D, and E notices of the referendum under s. 10.01 (2). Section 5.01 (1) applies in the event of failure to comply with the notice requirements of this paragraph.

(c) The referendum shall be held in accordance with chs. 5 to 12. The district board shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the elections board under ss. 5.64 (2) and 7.08 (1) (a). The question shall be submitted as follows: "Under state law, the percentage increase in the levy of the .... (name of district) for the next fiscal year, .... (year), is limited to ....%, resulting in a levy of $..... Shall the .... (name of district) be allowed to exceed this limit such that the percentage increase for the next fiscal year, .... (year), will be ....%, resulting in a levy of $....?".

(d) Within 14 days after the referendum, the district board shall certify the results of the referendum to the department of revenue. The limit otherwise applicable to the district under sub. (2) is increased for the next fiscal year by the amount approved by a majority of those voting on the question.

(5) Sunset. This section does not apply beginning 3 years after the effective date of the subsection .... [revisor inserts date].

33,943p Section 943p. 38.18 of the statutes is amended to read:

38.18 Contracts and bidding. All contracts made by a district board for public construction in a district shall be let by the district board to the lowest responsible bidder, and may be awarded to a minority business that is certified by the department of commerce under s. 560.036 (2), in accordance with s. 62.15 (1) to (11) and (14). For purposes of this section, the district board shall possess the powers conferred by s. 62.15 on the board of public works and the common council. All contracts made under this section shall be made in the name of the district and shall be executed by the district board chairperson and district board secretary.

33,944 Section 944. 38.28 (1m) (a) 1. of the statutes is amended to read:

38.28 (1m) (a) 1. "District aidable cost" means the annual cost of operating a technical college district, including debt service charges for district bonds and promissory notes for building programs or capital equipment, but excluding all expenditures relating to auxiliary enterprises and community service programs, all expenditures funded by or reimbursed with federal revenues, all receipts under sub. (6) and ss. 38.12 (9), 38.14 (3) and (9), 118.15 (2) (a), 118.55 (7r), and 146.55 (5), all receipts from grants awarded under ss. 38.04 (8), (19), (20), (28), and (31), 38.14 (11), 38.26, 38.27, 38.31, 38.33, and 38.38, all fees collected under s. 38.24, and driver education and chauffeur training aids.

33,945 Section 945. 38.31 of the statutes is repealed.

33,946 Section 946. 38.36 (6) of the statutes is amended to read:

38.36 (6) The district board may file a claim with the department of public instruction for reimbursement for reasonable expenses incurred, excluding capital equipment costs, but not to exceed 15% of the cost of the meal or 50 cents per meal, whichever is less. Any cost in excess of the lesser amount may be charged to participants. If the department of public instruction approves the claim, it shall certify that payment is due and the state treasurer secretary of administration shall pay the claim from the appropriation under s. 20.255 (2) (cn).

33,946d Section 946d. 38.40 (title) of the statutes is created to read:

38.40 (title) Technical preparation, school-to-work, and work-based learning programs.

33,946e Section 946e. 38.40 (1) of the statutes is created to read:

38.40 (1) Employment and education program administration. The board shall plan, coordinate, administer, and implement the technical preparation, school-to-work, and work-based learning programs under sub. (1m) and such other employment and education programs as the governor may by executive order assign to the board. Notwithstanding any limitations placed on the use of state employment and education funds under this section or under an executive order assigning an employment and education program to the board, the board may issue a general or special order waiving any of those limitations on finding that the waiver will promote the coordination of employment and education services.

33,946f Section 946f. 38.40 (1m) (intro.) of the statutes is created to read:

38.40 (1m) (intro.) Technical preparation, school-to-work, and work-based learning programs. The board shall provide all of the following programs:

33,946g Section 946g. 38.40 (1m) (a) of the statutes is created to read:

38.40 (1m) (a) A technical preparation program that includes the technical preparation program under s. 118.34.

33,946j Section 946j. 38.40 (2) of the statutes is created to read:

38.40 (2) Interagency assistance. The council on workforce investment established under 29 USC 2821 and the department of public instruction shall assist the board in providing the technical preparation, school-to-work, and work-based learning programs under sub. (1m).

33,946k Section 946k. 38.40 (2m) of the statutes is created to read:

38.40 (2m) Skill standards. The board shall approve statewide skill standards for the school-to-work program under sub. (1m) (b).

33,946m Section 946m. 38.40 (5) of the statutes is created to read:

38.40 (5) Rules. The board shall promulgate rules to implement this section.

33,947 Section 947. 39.11 (16g) of the statutes is amended to read:

39.11 (16g) Expend at least $140,200 in each fiscal year 1994-95 and every fiscal year thereafter for the development and periodic update of instructional television programs that are specific to this state for use in schools. Funds may be expended for the programs from the appropriation under s. 20.225 (1) (f), (g), (h) or (m).

33,948 Section 948. 39.155 (1) of the statutes is amended to read:

39.155 (1) Subject to sub. (3), all All funds appropriated to the Medical College of Wisconsin, Inc., under s. 20.250 (1) (a) shall be based on a per capita formula for an amount for each Wisconsin resident enrolled at the college who is paying full tuition. A student's qualification as a resident of this state shall be determined by the higher educational aids board in accordance with s. 36.27, so far as applicable.

33,950 Section 950. 39.155 (2) of the statutes is amended to read:

39.155 (2) On or before January 15 and September 15 of each year, the Medical College of Wisconsin, Inc., shall submit to the higher educational aids board for its approval a list of the Wisconsin residents enrolled at the college who are paying full tuition. The state shall make semiannual payments to the Medical College of Wisconsin, Inc., from the appropriation under s. 20.250 (1) (a), upon approval of the list. If the appropriation under s. 20.250 (1) (a) is insufficient to pay the amount specified to be disbursed under s. 20.250 (1) (a), the payments shall be disbursed on a prorated basis for each student entitled to such aid. No more than 8 such payments may be made to the Medical College of Wisconsin, Inc., from the appropriation under s. 20.250 (1) (a), for any individual student.

33,952 Section 952. 39.155 (3) of the statutes is repealed.

33,984d Section 984d. 39.435 (3) of the statutes is amended to read:

39.435 (3) Grants under sub. (1) shall not be less than $250 during any one academic year, unless the joint committee on finance approves an adjustment in the amount of the minimum grant. Grants under sub. (1) shall not exceed $1,800 $2,500 during any one academic year. The board shall, by rule, establish a reporting system to periodically provide student economic data and shall promulgate other rules the board deems necessary to assure uniform administration of the program.

33,986b Section 986b. 39.435 (7) (a) 1. of the statutes is amended to read:

39.435 (7) (a) 1. For purposes of determining the appropriation under s. 20.235 (1) (fe) for fiscal year 2003-04 2005-06, "base amount" means the amount shown in the schedule under s. 20.005 for that appropriation for fiscal year 2002-03 2004-05.

33,987b Section 987b. 39.435 (7) (a) 2. of the statutes is amended to read:

39.435 (7) (a) 2. For purposes of determining the appropriation under s. 20.235 (1) (fe) for each fiscal year after fiscal year 2003-04 2005-06, "base amount" means the maximum appropriation amount determined under par. (b) for the previous fiscal year.

33,988b Section 988b. 39.435 (7) (b) (intro.) of the statutes is amended to read:

39.435 (7) (b) (intro.) Annually, by beginning on February 1, 2005, the board shall determine the appropriation under s. 20.235 (1) (fe) for the next fiscal year as follows:

33,989 Section 989. 39.435 (8) of the statutes is created to read:

39.435 (8) The board shall award grants under this section to University of Wisconsin System students from the appropriations under s. 20.235 (1) (fe) and (ke).

33,990g Section 990g. 39.435 (8) of the statutes, as created by 2003 Wisconsin Act .... (this act), is repealed and recreated to read:

39.435 (8) The board shall award grants under this section to University of Wisconsin System students from the appropriation under s. 20.235 (1) (fe).

33,995 Section 995. 40.02 (17) (intro.) of the statutes is amended to read:

40.02 (17) (intro.) "Creditable service" means the creditable current and prior service, expressed in years and fractions of a year to the nearest one-hundredth, for which a participating employee receives or is considered to receive earnings under sub. (22) (e) or (em) and for which contributions have been made as required by s. 40.05 (1) and (2) and creditable military service, service credited under s. 40.25 (7) 40.285 (2) (b) and service credited under s. 40.29, expressed in years and fractions of years to the nearest one-hundredth. How much service in any annual earnings period is the full-time equivalent of one year of creditable service shall be determined by rule by the department and the rules may provide for differing equivalents for different types of employment. Except as provided under pars. (i) and (k) s. 40.285 (2) (e) and (f), the amount of creditable service for periods prior to January 1, 1982, shall be the amount for which the participant was eligible under the applicable laws and rules in effect prior to January 1, 1982. No more than one year of creditable service shall be granted for any annual earnings period. Creditable service is determined in the following manner for the following persons:

33,996 Section 996. 40.02 (17) (b) of the statutes is renumbered 40.285 (2) (d) and amended to read:

40.285 (2) (d) Qualifying service. Each participating employee in the Wisconsin retirement system whose creditable service terminates on or after January 1, 1982, who was previously a participant in the Wisconsin retirement fund and who has not received a separation benefit may receive creditable service equal to the period of service during any qualifying period under s. 41.02 (6) (c), 1969 stats., s. 66.901 (4) (d), 1967 stats., or under any predecessor statute, but not to exceed 6 months. The additional creditable service shall be granted upon application by the employee if the applicant pays to the department a lump sum payment equal to 5% of one-twelfth of the employee's highest earnings in a single annual earnings period multiplied by the number of months of creditable service granted under this paragraph. That amount shall be credited and treated as an employee required contribution for all purposes of the Wisconsin retirement system.

33,997 Section 997. 40.02 (17) (e) of the statutes is renumbered 40.285 (2) (c) and amended to read:

40.285 (2) (c) Uncredited elected official and executive participating employee service. Each executive participating employee whose creditable service terminates on or after May 3, 1988, and each participating employee who is a present or former elected official or an appointee of a present or former elected official and who did not receive creditable service under s. 40.02 (17) (e), 1987 stats., or s. 40.02 (17) (e), 1989 stats., and whose creditable service terminates on or after August 15, 1991, who was previously in the position of the president of the University of Wisconsin System or in a position designated under s. 20.923 (4), (8), or (9), but did not receive creditable service because of age restrictions, may receive creditable service equal to the period of executive service not credited if the participant pays to the department a lump sum payment equal to 5.5% of one-twelfth of the employee's highest earnings in a single annual earnings period multiplied by the number of months of creditable service granted under this paragraph. That amount shall be credited and treated as an employee required contribution for all purposes of the Wisconsin retirement system.

33,998 Section 998. 40.02 (17) (i) of the statutes is renumbered 40.285 (2) (e), and 40.285 (2) (e) (intro.) and 3., as renumbered, are amended to read:

40.285 (2) (e) Teacher improvement leave. (intro.) Each participating employee in the Wisconsin retirement system whose creditable service terminates on or after April 25, 1990, and whose earnings include compensation for teacher improvement leave granted by the board of regents of the Wisconsin state colleges State Colleges during the period beginning on January 1, 1964, and ending on August 31, 1967, in a written and satisfied contract, may receive creditable service for the period for which those earnings were received in an amount not to exceed one year if all of the following apply:

3. The participant pays to the department a lump sum equal to 5% of one-twelfth of the employee's highest earnings in a single annual earnings period multiplied by the number of months of creditable service that is granted under this paragraph. That amount shall be credited and treated as employee required contributions for all purposes of the Wisconsin retirement system. No

4. The employer may does not pay any amount payable under this subdivision paragraph on behalf of any participating employee.

33,999 Section 999. 40.02 (17) (k) of the statutes is renumbered 40.285 (2) (f) and amended to read:

40.285 (2) (f) Uncredited junior teaching service. Each participating employee whose creditable service terminates on or after May 11, 1990, and who submits to the department proof that the participant performed service in this state as a junior teacher, as defined in s. 42.20 (6), 1955 stats., that was not credited under s. 42.40, 1955 stats., shall receive creditable service for the period for which that service was performed, even if the participant did not become a member of the state teachers retirement system after performing that service, if all of the following occur:

1. The participant pays to the department a lump sum equal to 5% of one-twelfth of the employee's highest earnings in a single annual earnings period multiplied by the number of months of creditable service that is granted under this paragraph. That amount shall be credited and treated as employee required contributions for all purposes of the Wisconsin retirement system. No

2. The employer may does not pay any amount payable under this paragraph on behalf of any participating employee.

33,1000 Section 1000. 40.02 (25) (b) 2m. of the statutes is repealed.

33,1001 Section 1001. 40.02 (25) (b) 6e. of the statutes is created to read:

40.02 (25) (b) 6e. A state employee who terminates creditable service after attaining 20 years of creditable service, remains a participant, and is not eligible for an immediate annuity.

33,1001m Section 1001m. 40.02 (49) of the statutes is amended to read:

40.02 (49) "Retired employee" means a former insured employee who is not a participating employee and who is retired on an immediate or disability annuity or who receives a lump sum payment under s. 40.25 (1) which would have been an immediate annuity if paid as an annuity or who is an eligible employee under sub. (25) (b) 6., 6e., or 6g.

33,1002 Section 1002. 40.03 (6) (c) of the statutes is amended to read:

40.03 (6) (c) Shall not enter into any agreements to modify or expand group insurance coverage in a manner which conflicts with this chapter or rules of the department or materially affects the level of premiums required to be paid by the state or its employees, or the level of benefits to be provided, under any group insurance coverage. This restriction shall not be construed to prevent modifications required by law, prohibit the group insurance board from modifying the standard plan to establish a more cost effective benefit plan design or providing optional insurance coverages as alternatives to the standard insurance coverage when any excess of required premium over the premium for the standard coverage is paid by the employee or prohibit the group insurance board from providing other plans as authorized under par. (b).

33,1003 Section 1003. 40.04 (3) (c) of the statutes is amended to read: