AB272: Bill Text

Analysis by the Legislative Reference Bureau

School aid

Under the current school aid formula, the state establishes a guaranteed tax base, known as the guaranteed valuation. The rate at which a school district's costs are aided through the formula is determined by comparing the school district's per pupil tax base (or equalized valuation) to the guaranteed valuation. State aid is provided to make up the difference between the school district's actual tax base and that state guaranteed level. Thus, school districts with low property valuations per pupil generally receive a larger share of their costs through the formula than school districts with high property valuations per pupil.

Beginning in the 2004-05 school year, this bill eliminates the current school aid formula. Under the bill, in 2004-05 each school district is paid an amount per pupil that is determined by multiplying the district's prior year educational cost per pupil by the percentage rate that, when applied annually for 20 years, will result in a per pupil payment of $19,000 in the 2023-24 school year. Beginning in the 2005-06 school year, each year the prior year per pupil payment is increased by the same annual percentage rate. In addition, the bill eliminates most formula-driven categorical aid programs (such as special education and children at risk).

Current law limits the increase in the total amount of revenue per pupil that a school district may receive from general school aids and property taxes in a school year. This bill eliminates school district revenue limits beginning in the 2004-05 school year.

The bill creates a School Building Projects Board attached to the Department of Public Instruction (DPI). The bill prohibits a school board from issuing a bond to finance a capital project unless it adopts a resolution to do so by a three-fourths vote. A school board may then apply to the board for state aid for the project. The board provides aid for that portion of the project that it determines satisfies an educational need; the amount of aid is determined by multiplying the cost of the approved portion of the project by the percentage of the school district's costs that would have been paid under the former school aid formula or by 10%, whichever is greater.

The bill also prohibits a school board from levying a tax at a rate that exceeds three mills except to pay the principal of and interest on debt that is outstanding on the bill's effective date or unless DPI approves a higher levy rate to deal with an emergency. In addition, a school district may not incur indebtedness after the bill's effective date in an amount that would require it to levy a tax at a rate greater than three mills unless DPI approves a higher rate to deal with an emergency. The bill prohibits a school district from using revenue from its tax levy to fund employee salaries or benefits.

The bill provides that the total amount in a school district's fund balance in any fiscal year may not exceed 18% of the school district's budget in that fiscal year.

With certain exceptions, school districts currently receive 15% of their total school aid entitlement in September, 25% in December, 25% in March, and 35% in June. Beginning in the 2004-05 school year, this bill requires that school aid be distributed in four equal installments. The bill directs DPI to determine the payment schedule.

Sales and use taxes; public school aid fund

This bill increases the sales tax and use tax rates from 5% to 7.5% beginning on January 1, 2004. The bill also creates a segregated fund called the public school aid fund, consisting of 41% of all revenue from sales and use taxes. Beginning in the 2004-05 school year, money in that fund is used for state school aid. For school aid in the 2004-05 school year, the bill also transfers $5,300,000,000 from the general fund to the public school aid fund.

Dispute settlement procedures

This bill does all of the following:

1. Under current law, in local government employment other than law enforcement and fire fighting employment, if a dispute relating to the terms of a proposed collective bargaining agreement has not been settled after a reasonable period of negotiation and after mediation by the Wisconsin Employment Relations Commission (WERC), either party, or the parties jointly, may petition WERC to initiate compulsory, final, and binding arbitration with respect to any dispute relating to wages, hours, and conditions of employment. If WERC determines, after investigation, that an impasse exists and that arbitration is required, WERC must submit to the parties a list of seven arbitrators, from which the parties alternately strike names until one arbitrator is left. As an alternative to a single arbitrator, WERC may provide for an arbitration panel that consists of one person selected by each party and one person selected by WERC. As a further alternative, WERC may also provide a process that allows for a random selection of a single arbitrator from a list of seven names submitted by WERC. Under current law, an arbitrator or arbitration panel must adopt the final offer of one of the parties on all disputed issues, which is then incorporated into the collective bargaining agreement.

Under current law, however, this process does not apply to a dispute over economic issues involving a collective bargaining unit consisting of school district professional employees if WERC determines, subsequent to an investigation, that the employer has submitted a qualified economic offer (QEO). Under current law, a QEO consists of a proposal to maintain the percentage contribution by the employer to the employees' existing fringe benefit costs and the employees' existing fringe benefits and to provide for an annual average salary increase having a cost to the employer at least equal to 2.1% of the existing total compensation and fringe benefit costs for the employees in the collective bargaining unit plus any fringe benefit savings. Fringe benefit savings is that amount, if any, by which 1.7% of the total compensation and fringe benefit costs for all municipal employees in a collective bargaining unit for any 12-month period covered by a proposed collective bargaining agreement exceeds the increased cost required to maintain the percentage contribution by the municipal employer to the municipal employees' existing fringe benefit costs and to maintain all fringe benefits provided to the municipal employees.

This bill eliminates the QEO exception from the compulsory, final, and binding arbitration process.

2. Current law provides that in reaching a decision, the arbitrator or arbitration panel must give weight to many factors, including the lawful authority of the municipal employer, the stipulations of the parties, the interest and welfare of the public, and the financial ability of the unit of government to meet the costs of the proposed agreement, comparison of wages, hours, and conditions of employment with those of other public and private sector employees, the cost of living, the overall compensation and benefits that the employees currently receive, and other similar factors. But, under current law, the arbitrator is required to give greater weight to economic conditions in the jurisdiction of the employer and the greatest weight to any state law or directive that places expenditure or revenue limitations on an employer.

This bill eliminates the authorization for the arbitrator or arbitration panel to give any weight to economic conditions in the jurisdiction of the employer or to any state law or directive that places expenditure or revenue limitations on an employer.

3. Under current law, every collective bargaining agreement covering school district professional employees must expire on June 30 of the odd-numbered years. For all other local government employees, the term of a collective bargaining agreement must be two years, except for an initial agreement and except as the parties otherwise agree, and in no case may exceed three years. This bill treats the terms of collective bargaining agreements for school district professional employees the same as those of other local government employees.

4. Finally, under current law, school district professional employees are required to be placed in a collective bargaining unit that is separate from the units of other school district employees. This bill eliminates this requirement.

Income tax credit

This bill creates a refundable individual income tax credit for the sales and use taxes paid by an individual in the taxable year to which the claim relates. The maximum credit that may be claimed each year under the bill is $500, or $250 for each spouse if a married couple files separate tax returns. The amount of credit that may be claimed by a nonresident or part-year resident of this state is modified based on the ratio of the claimant's Wisconsin adjusted gross income (AGI) to his or her federal AGI.

Because this individual income tax credit is refundable, if the amount of the credit exceeds the taxpayer's income tax liability, the difference will be refunded to the taxpayer by check.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB272, s. 1 Section 1. 15.375 (1) of the statutes is created to read:

AB272,5,4 15.375 (1) School building projects board. There is created a school building projects board attached to the department of public instruction under s. 15.03. The board shall consist of the following members, appointed for 3-year terms:

AB272,5,5 (a) Three members appointed by the state superintendent of public instruction.

AB272,5,6 (b) Three members appointed by the governor.

AB272, s. 2 Section 2. 20.255 (2) (ac) of the statutes is amended to read:

AB272,6,2 20.255 (2) (ac) General equalization aids. A sum sufficient for the payment of educational aids under ss. 121.08, 121.09, 121.095, and 121.105 and subch. VI of ch. 121 equal to $4,200,945,900 in the 2002-03 fiscal year, and equal to the amount determined by law in the 2003-04 fiscal year and biennially thereafter, and equal to the amount determined by the joint committee on finance under s. 121.15 (3m) (c) in the 2004-05 fiscal year and biennially thereafter. No moneys may be encumbered from this appropriation after the 2003-04 fiscal year.

AB272, s. 3 Section 3. 20.255 (2) (t) of the statutes is created to read:

AB272,6,6 20.255 (2) (t) State school aids. From the public school aid fund, a sum sufficient for state school aid under ss. 121.085, 121.086, 121.09, 121.095, and 121.105 (3), and subch. VI of ch. 121.

AB272, s. 4 Section 4. 20.835 (2) (cb) of the statutes is created to read:

AB272,6,9 20.835 (2) (cb) Sales and use tax individual income tax credit. A sum sufficient to make the payments under s. 71.07 (5d).

AB272, s. 5 Section 5. 25.90 of the statutes is created to read:

AB272,6,13 25.90 Public school aid fund. There is established a separate nonlapsible trust fund designated the public school aid fund consisting of 41% of all revenue from sales and use taxes.

AB272, s. 6 Section 6. 65.90 (7) of the statutes is created to read:

AB272,6,18 65.90 (7) The total amount in a school district's fund balance in any fiscal year may not exceed an amount equal to 18% of the school district's budget in that fiscal year. In this subsection, "fund balance" means the difference between fund assets and fund liabilities, as determined by the department of public instruction.

AB272, s. 7 Section 7. 67.03 (1) (a) and (b) of the statutes are amended to read:

AB272,7,3 67.03 (1) (a) Except as provided in s. 67.01 (9), municipalities may borrow money and issue municipal obligations therefor only for the purposes and by the procedure specified in this chapter. The aggregate amount of indebtedness, including existing indebtedness, of any municipality shall not exceed 5% of the value of the taxable property located in the municipality as equalized for state purposes except that the aggregate amount of indebtedness of any school district that offers no less than grades 1 to 12 and that at the time of incurring the debt is eligible to receive state aid under s. 121.08 121.085 shall not exceed 10% of the equalized value of the taxable property located in the school district.

AB272,7,8 (b) Any school district about to incur indebtedness may apply to the state superintendent of public instruction for, and the state superintendent may issue, a certificate as to the eligibility of the school district to receive state aid under s. 121.08 121.085, which certificate shall be conclusive as to such eligibility for 30 days, but not beyond the next June 30.

AB272, s. 8 Section 8. 67.03 (1) (c) of the statutes is created to read:

AB272,7,13 67.03 (1) (c) No municipality may incur indebtedness in an amount that would require the governing body of the municipality to levy a tax for school purposes at a rate that exceeds 3 mills unless the department of public instruction approves a higher levy rate under s. 120.145 (1) (b).

AB272, s. 9 Section 9. 67.05 (6a) (a) 2. (intro.) of the statutes is amended to read:

AB272,7,23 67.05 (6a) (a) 2. (intro.) Except as provided under pars. (b) and (c) and, subs. (7) and (15), and s. 121.086, if the board of any school district, or the electors at a regularly called school district meeting, by a majority vote adopt an initial resolution to raise an amount of money by a bond issue, the school district clerk shall, within 10 days, publish notice of such adoption as a class 1 notice under ch. 985 or post the notice as provided under s. 10.05. The notice shall state the maximum amount proposed to be borrowed, the purpose of the borrowing, that the resolution was adopted under this subdivision and the place where and the hours during which the resolution may be inspected. The school board shall also do one of the following:

AB272, s. 10 Section 10. 71.07 (5d) of the statutes is created to read:

AB272,8,3 71.07 (5d) Sales and use tax individual income tax credit. (a) Definition. In this subsection, "claimant" means an individual who files a claim under this subsection.

AB272,8,12 (b) Filing claims. Subject to the limitations provided in this subsection, a claimant may claim as a credit against the tax imposed under s. 71.02 the amount of any sales taxes imposed under s. 77.52 and use taxes imposed under s. 77.53 that the claimant paid in the taxable year to which the claim relates. If the allowable amount of the claim under this subsection exceeds the income taxes otherwise due on the claimant's income, the amount of the claim that is not used to offset those taxes shall be certified by the department of revenue to the department of administration for payment by check, share draft, or other draft drawn from the appropriation under s. 20.835 (2) (cb).

AB272,8,15 (c) Limitations. 1. Except as provided in subds. 2. and 3., the maximum credit that may be claimed under this subsection by a claimant is $500 in each year to which the claim relates.

AB272,8,17 2. If a married couple files separately, except for a spouse who files as head of household, each spouse may claim up to 50% of the amount specified in subd. 1.

AB272,8,25 3. If a part-year resident or a nonresident of this state files a claim under this subsection, the maximum credit amounts in subd. 1. or 2. shall be multiplied by a fraction, the numerator of which is the individual's and his or her spouse's Wisconsin adjusted gross income and the denominator of which is the individual's and his or her spouse's federal adjusted gross income. In this subdivision, for married persons filing separately "adjusted gross income" means the separate adjusted gross income of each spouse, and for married persons filing jointly "adjusted gross income" means the total adjusted gross income of both spouses.

AB272,9,2 4. No credit may be allowed under this subsection unless it is claimed within the time period under s. 71.75 (2).

AB272,9,7 (d) Administration. The department may enforce the credit under this subsection and may take any action, conduct any proceeding, and proceed as it is authorized in respect to taxes under this chapter. The income tax provisions in this chapter relating to assessments, refunds, appeals, collection, interest, and penalties apply to the credit under this subsection.

AB272, s. 11 Section 11. 71.08 (1) (intro.) of the statutes is amended to read:

AB272,9,17 71.08 (1) Imposition. (intro.) If the tax imposed on a natural person, married couple filing jointly, trust or estate under s. 71.02, not considering the credits under ss. 71.07 (1), (2dd), (2de), (2di), (2dj), (2dL), (2dr), (2ds), (2dx), (2fd), (3m), (3s), (5d), (6), (6s), and (9e), 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx), (1fd), (2m) and (3) and 71.47 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx), (1fd), (2m) and (3) and subchs. VIII and IX and payments to other states under s. 71.07 (7), is less than the tax under this section, there is imposed on that natural person, married couple filing jointly, trust or estate, instead of the tax under s. 71.02, an alternative minimum tax computed as follows:

AB272, s. 12 Section 12. 71.10 (4) (i) of the statutes is amended to read:

AB272,9,24 71.10 (4) (i) The total of claim of right credit under s. 71.07 (1), farmland preservation credit under subch. IX, homestead credit under subch. VIII, farmland tax relief credit under s. 71.07 (3m), farmers' drought property tax credit under s. 71.07 (2fd), sales and use tax individual income tax credit under s. 71.07 (5d), earned income tax credit under s. 71.07 (9e), estimated tax payments under s. 71.09, and taxes withheld under subch. X.

AB272, s. 13 Section 13. 77.52 (1) of the statutes is amended to read:

AB272,10,6 77.52 (1) For the privilege of selling, leasing or renting tangible personal property, including accessories, components, attachments, parts, supplies and materials, at retail a tax is imposed upon all retailers at the rate of 5% 7.5% of the gross receipts from the sale, lease or rental of tangible personal property, including accessories, components, attachments, parts, supplies and materials, sold, leased or rented at retail in this state.

AB272, s. 14 Section 14. 77.52 (2) (intro.) of the statutes is amended to read:

AB272,10,12 77.52 (2) (intro.) For the privilege of selling, performing or furnishing the services described under par. (a) at retail in this state to consumers or users, a tax is imposed upon all persons selling, performing or furnishing the services at the rate of 5% 7.5% of the gross receipts from the sale, performance or furnishing of the services.

AB272, s. 15 Section 15. 77.53 (1) of the statutes is amended to read:

AB272,10,22 77.53 (1) Except as provided in sub. (1m), an excise tax is levied and imposed on the use or consumption in this state of taxable services under s. 77.52 purchased from any retailer, at the rate of 5% 7.5% of the sales price of those services; on the storage, use or other consumption in this state of tangible personal property purchased from any retailer, at the rate of 5% 7.5% of the sales price of that property; and on the storage, use or other consumption of tangible personal property manufactured, processed or otherwise altered, in or outside this state, by the person who stores, uses or consumes it, from material purchased from any retailer, at the rate of 5% 7.5% of the sales price of that material.

AB272, s. 16 Section 16. 111.70 (1) (b) of the statutes is amended to read:

AB272,11,2 111.70 (1) (b) "Collective bargaining unit" means a unit consisting of municipal employees who are school district professional employees or of municipal employees who are not school district professional employees that is determined by the commission to be appropriate for the purpose of collective bargaining.

AB272, s. 17 Section 17. 111.70 (1) (dm) of the statutes is repealed.

AB272, s. 18 Section 18. 111.70 (1) (fm) of the statutes is repealed.

AB272, s. 19 Section 19. 111.70 (1) (nc) of the statutes is repealed.

AB272, s. 20 Section 20. 111.70 (4) (cm) 5. of the statutes is amended to read:

AB272,11,16 111.70 (4) (cm) 5. `Voluntary impasse resolution procedures.' In addition to the other impasse resolution procedures provided in this paragraph, a municipal employer and labor organization may at any time, as a permissive subject of bargaining, agree in writing to a dispute settlement procedure, including authorization for a strike by municipal employees or binding interest arbitration, which is acceptable to the parties for resolving an impasse over terms of any collective bargaining agreement under this subchapter. A copy of such agreement shall be filed by the parties with the commission. If the parties agree to any form of binding interest arbitration, the arbitrator shall give weight to the factors enumerated under subds. 7., 7g. and subd. 7r.

AB272, s. 21 Section 21. 111.70 (4) (cm) 5s. of the statutes is repealed.

AB272, s. 22 Section 22. 111.70 (4) (cm) 6. a. of the statutes is amended to read:

AB272,12,9 111.70 (4) (cm) 6. a. If in any collective bargaining unit a dispute relating to one or more issues, qualifying for interest arbitration under subd. 5s. in a collective bargaining unit to which subd. 5s. applies, has not been settled after a reasonable period of negotiation and after mediation by the commission under subd. 3. and other settlement procedures, if any, established by the parties have been exhausted, and the parties are deadlocked with respect to any dispute between them over wages, hours, and conditions of employment to be included in a new collective bargaining agreement, either party, or the parties jointly, may petition the commission, in writing, to initiate compulsory, final, and binding arbitration, as provided in this paragraph. At the time the petition is filed, the petitioning party shall submit in writing to the other party and the commission its preliminary final offer containing its latest proposals on all issues in dispute. Within 14 calendar days after the date of that submission, the other party shall submit in writing its preliminary final offer on all disputed issues to the petitioning party and the commission. If a petition is filed jointly, both parties shall exchange their preliminary final offers in writing and submit copies to the commission at the time the petition is filed.

AB272, s. 23 Section 23. 111.70 (4) (cm) 6. am. of the statutes is amended to read:

AB272,14,4 111.70 (4) (cm) 6. am. Upon receipt of a petition to initiate arbitration, the commission shall make an investigation, with or without a formal hearing, to determine whether arbitration should be commenced. If in determining whether an impasse exists the commission finds that the procedures set forth in this paragraph have not been complied with and such compliance would tend to result in a settlement, it may order such compliance before ordering arbitration. The validity of any arbitration award or collective bargaining agreement shall not be affected by failure to comply with such procedures. Prior to the close of the investigation each party shall submit in writing to the commission its single final offer containing its final proposals on all issues in dispute that are subject to interest arbitration under this subdivision or under subd. 5s. in collective bargaining units to which subd. 5s. applies. If a party fails to submit a single, ultimate final offer, the commission shall close the investigation based on the last written position of the party. The municipal employer may not submit a qualified economic offer under subd. 5s. after the close of the investigation. Such final offers may include only mandatory subjects of bargaining, except that a permissive subject of bargaining may be included by a party if the other party does not object and shall then be treated as a mandatory subject. No later than such time, the parties shall also submit to the commission a stipulation, in writing, with respect to all matters which are agreed upon for inclusion in the new or amended collective bargaining agreement. The commission, after receiving a report from its investigator and determining that arbitration should be commenced, shall issue an order requiring arbitration and immediately submit to the parties a list of 7 arbitrators. Upon receipt of such list, the parties shall alternately strike names until a single name is left, who shall be appointed as arbitrator. The petitioning party shall notify the commission in writing of the identity of the arbitrator selected. Upon receipt of such notice, the commission shall formally appoint the arbitrator and submit to him or her the final offers of the parties. The final offers shall be considered public documents and shall be available from the commission. In lieu of a single arbitrator and upon request of both parties, the commission shall appoint a tripartite arbitration panel consisting of one member selected by each of the parties and a neutral person designated by the commission who shall serve as a chairperson. An arbitration panel has the same powers and duties as provided in this section for any other appointed arbitrator, and all arbitration decisions by such panel shall be determined by majority vote. In lieu of selection of the arbitrator by the parties and upon request of both parties, the commission shall establish a procedure for randomly selecting names of arbitrators. Under the procedure, the commission shall submit a list of 7 arbitrators to the parties. Each party shall strike one name from the list. From the remaining 5 names, the commission shall randomly appoint an arbitrator. Unless both parties to an arbitration proceeding otherwise agree in writing, every individual whose name is submitted by the commission for appointment as an arbitrator shall be a resident of this state at the time of submission and every individual who is designated as an arbitration panel chairperson shall be a resident of this state at the time of designation.

AB272, s. 24 Section 24. 111.70 (4) (cm) 7. of the statutes is repealed.

AB272, s. 25 Section 25. 111.70 (4) (cm) 7g. of the statutes is repealed.

AB272, s. 26 Section 26. 111.70 (4) (cm) 7r. (intro.) of the statutes is amended to read:

AB272,14,10 111.70 (4) (cm) 7r. `Other factors Factors considered.' (intro.) In making any decision under the arbitration procedures authorized by this paragraph, the arbitrator or arbitration panel shall also give weight to the following factors:

AB272, s. 27 Section 27. 111.70 (4) (cm) 8m. a. and c. of the statutes are consolidated, renumbered 111.70 (4) (cm) 8m. and amended to read:

AB272,15,2 111.70 (4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for the initial collective bargaining agreement between the parties and except as the parties otherwise agree, every collective bargaining agreement covering municipal employees subject to this paragraph other than school district professional employees shall be for a term of 2 years. No, but in no case may a collective bargaining agreement for any collective bargaining unit consisting of municipal employees subject to this paragraph other than school district professional employees shall be for a term exceeding 3 years. c. No arbitration award may contain a provision for reopening of negotiations during the term of a collective bargaining agreement, unless both parties agree to such a provision. The requirement for agreement by both parties does not apply to a provision for reopening of negotiations with respect to any portion of an agreement that is declared invalid by a court or administrative agency or rendered invalid by the enactment of a law or promulgation of a federal regulation.

AB272, s. 28 Section 28. 111.70 (4) (cm) 8m. b. of the statutes is repealed.

AB272, s. 29 Section 29. 111.70 (4) (cm) 8p. of the statutes is repealed.

AB272, s. 30 Section 30. 111.70 (4) (cm) 8s. of the statutes is amended to read:

AB272,16,2 111.70 (4) (cm) 8s. `Forms for determining costs.' The commission shall prescribe forms for calculating the total increased cost to the municipal employer of compensation and fringe benefits provided to school district professional employees. The cost shall be determined based upon the total cost of compensation and fringe benefits provided to school district professional employees who are represented by a labor organization on the 90th day before expiration of any previous collective bargaining agreement between the parties, or who were so represented if the effective date is retroactive, or the 90th day prior to commencement of negotiations if there is no previous collective bargaining agreement between the parties, without regard to any change in the number, rank, or qualifications of the school district professional employees. For purposes of such determinations, any cost increase that is incurred on any day other than the beginning of the 12-month period commencing with the effective date of the agreement or any succeeding 12-month period commencing on the anniversary of that effective date shall be calculated as if the cost increase were incurred as of the beginning of the 12-month period beginning on the effective date or anniversary of the effective date in which the cost increase is incurred. In each collective bargaining unit to which subd. 5s. applies, the municipal employer shall transmit to the commission and the labor organization a completed form for calculating the total increased cost to the municipal employer of compensation and fringe benefits provided to the school district professional employees covered by the agreement as soon as possible after the effective date of the agreement.