Wisconsin Legislature: 20,2719m

20,2709 Section 2709. 115.445 of the statutes is created to read:

115.445 Four-year-old kindergarten grants. (1) A school board may apply to the department for a 2-year grant under this section to implement a 4-year-old kindergarten program.

(2) (a) In the first school year of a grant awarded under this section, the department shall pay the school board up to $3,000 for each 4-year-old kindergarten pupil enrolled in the school district. In the succeeding school year, the department shall pay the school board up to $1,500 for each 4-year-old kindergarten pupil enrolled in the school district.

(b) The department shall award grants under this section beginning in the 2008-09 school year and shall give preference in awarding grants to school boards that use community approaches to early education, as defined by the department by rule. If the funds in the appropriation under s. 20.255 (2) (dp) are insufficient to pay all eligible school boards, the department shall prorate the payments.

(3) The department shall promulgate rules to implement this section.

20,2710e Section 2710e. 115.53 (3) (a) of the statutes is amended to read:

115.53 (3) (a) Arrange for otological or ophthalmic examination of any pupil or prospective pupil of the Wisconsin Educational Services Program for the Deaf and Hard of Hearing. The examination shall be paid for from the appropriation in s. 20.255 (1) (b), (gh) or (gs).

20,2710m Section 2710m. 115.53 (3) (b) of the statutes is amended to read:

115.53 (3) (b) Arrange for ophthalmic or otological examination of any pupil or prospective pupil of the school operated by the Wisconsin Center for the Blind and Visually Impaired. The examination shall be paid from the appropriation in s. 20.255 (1) (b), (gh), (gL), or (gs).

20,2710s Section 2710s. 115.53 (4) of the statutes is repealed.

20,2711 Section 2711. 115.812 (1) of the statutes is amended to read:

115.812 (1) Placement disputes. If a dispute arises between a local educational agency and the department of health and family services children and families, the department of corrections, or a county department under s. 46.215, 46.22, or 46.23, or between local educational agencies under s. 115.81 (4) (c), over the placement of a child, the state superintendent shall resolve the dispute. This subsection applies only to placements in nonresidential educational programs made under s. 48.57 (1) (c) and to placements in residential care centers made under s. 115.81.

20,2711d Section 2711d. 115.881 (4) of the statutes is created to read:

115.881 (4) A school district receiving aid under s. 115.883 in any school year is not eligible for aid under this section in that school year.

20,2711e Section 2711e. 115.883 of the statutes is created to read:

115.883 Supplemental special education aid. (1) Beginning in the 2008-09 school year, from the appropriation under s. 20.255 (2) (be), the department shall pay supplemental special education aid to school districts to which all of the following apply:

(a) In the previous school year, the school district's revenue authority per pupil under subch. VII of ch. 121 was below the statewide average.

(b) In the previous school year, the school district's expenditures for special education constituted more than 16 percent of the school district's total expenditures.

(c) In the previous school year, the school district's membership, as defined in s. 121.004 (5), was less than 2,000 pupils.

(2) In the 2008-09 school year, the department shall pay each school district eligible for aid under this section the same amount. In each school year thereafter, the department shall distribute aid under this section to eligible school districts proportionally based upon each school district's expenditures for special education in the previous school year, except that in any school year a school district may receive not less than $50,000, and not more than $150,000 or an amount equal to 50 percent of the school district's expenditures for special education in the previous school year, whichever is less.

(3) A school district receiving aid under s. 115.881 in any school year is not eligible for aid under this section in that school year.

20,2712 Section 2712. 118.125 (2) (i) of the statutes is amended to read:

118.125 (2) (i) Upon request, the school district clerk or his or her designee shall provide the names of pupils who have withdrawn from the public school prior to graduation under s. 118.15 (1) (c) to the technical college district board in which the public school is located or, for verification of eligibility for public assistance under ch. 49, to the department of health and family services, the department of workforce development children and families, or a county department under s. 46.215, 46.22, or 46.23.

20,2715 Section 2715. 118.19 (1r) (a) of the statutes is amended to read:

118.19 (1r) (a) As provided in the memorandum of understanding under s. 49.857, the department of public instruction may not issue or renew a license or permit or revalidate a license that has no expiration date unless the applicant provides the department of public instruction with his or her social security number. The department of public instruction may not disclose the social security number except to the department of workforce development children and families for the sole purpose of administering s. 49.22.

20,2716 Section 2716. 118.19 (1r) (b) of the statutes is amended to read:

118.19 (1r) (b) As provided in the memorandum of understanding under s. 49.857, the department may not issue or renew a license or permit or revalidate a license that has no expiration date if the applicant, licensee or permit holder is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or if the applicant, licensee or permit holder fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings.

20,2717 Section 2717. 118.19 (10) (g) of the statutes is amended to read:

118.19 (10) (g) At the request under s. 49.22 (2m) of the department of workforce development children and families or a county child support agency under s. 59.53 (5), the state superintendent shall release the name and address of the applicant or licensee, the name and address of the applicant's or licensee's employer and financial information, if any, related to the applicant or licensee obtained under this subsection to the department of workforce development children and families or the county child support agency.

20,2719m Section 2719m. 118.35 (4) of the statutes is amended to read:

118.35 (4) From the appropriation under s. 20.255 (2) (fy), the department shall award grants to nonprofit organizations, cooperative educational service agencies, and the school district operating under ch. 119 for the purpose of providing advanced curriculum and assessments for gifted and talented middle school pupils.

20,2733 Section 2733. 119.04 (1) of the statutes is amended to read:

119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.445, 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (26), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, and 120.25 are applicable to a 1st class city school district and board.

20,2735w Section 2735w. 119.46 (1) of the statutes is amended to read:

119.46 (1) As part of the budget transmitted annually to the common council under s. 119.16 (8) (b), the board shall report the amount of money required for the ensuing school year to operate all public schools in the city under this chapter, to repair and keep in order school buildings and equipment, to make material improvements to school property and to purchase necessary additions to school sites. The amount included in the report for the purpose of supporting the Milwaukee Parental Choice Program under s. 119.23 shall be reduced by the amount of aid received by the board under s. 121.136. The common council shall levy and collect a tax upon all the property subject to taxation in the city, which shall be equal to the amount of money required by the board for the purposes set forth in this subsection, at the same time and in the same manner as other taxes are levied and collected. Such taxes shall be in addition to all other taxes which the city is authorized to levy. The taxes so levied and collected, any other funds provided by law and placed at the disposal of the city for the same purposes, and the moneys deposited in the school operations fund under s. 119.60 (1), shall constitute the school operations fund.

20,2736 Section 2736. 120.125 (4) (h) of the statutes is amended to read:

120.125 (4) (h) That the day care provider shall meet the standards for licensed day care centers established by the department of health and family services children and families.

20,2738 Section 2738. 120.13 (14) of the statutes is amended to read:

120.13 (14) Day care programs. Establish and provide or contract for the provision of day care programs for children. The school board may receive federal or state funds for this purpose. The school board may charge a fee for all or part of the cost of the service for participation in a day care program established under this subsection. Costs associated with a day care program under this subsection may not be included in shared costs under s. 121.07 (6). Day care programs established under this subsection shall meet the standards for licensed day care centers established by the department of health and family services children and families. If a school board proposes to contract for or renew a contract for the provision of a day care program under this subsection or if on July 1, 1996, a school board is a party to a contract for the provision of a day care program under this subsection, the school board shall refer the contractor or proposed contractor to the department of health and family services children and families for the criminal history and child abuse record search required under s. 48.685. Each school board shall provide the department of health and family services with information about each person who is denied a contract for a reason specified in s. 48.685 (4m) (a) 1. to 5.

20,2744gm Section 2744gm. 121.136 of the statutes is created to read:

121.136 State aid for high-poverty school districts. (1) (a) In the 2007-08 and 2008-09 school years, the department shall pay additional state aid to a school district if at least 50 percent of the district's enrollment, as rounded to the nearest whole percentage point and as reported to the department by the school district in October 2006, as a condition for participation in the federal school lunch program under 42 USC 1758 (b), was eligible for a free or reduced-price lunch in the federal school lunch program under 42 USC 1758 (b).

(b) The amount paid to each eligible school district in the 2007-08 and 2008-09 fiscal years shall be determined as follows:

1. Divide the amount appropriated under s. 20.255 (2) (bb) by the total number of pupils enrolled in all eligible school districts.

2. Multiply the quotient under subd. 1. by the number of pupils enrolled in the school district.

(2) (a) In the 2009-10 school year and annually thereafter, the department shall pay additional state aid to a school district if at least 50 percent of the district's enrollment on the 3rd Friday of September in the immediately preceding even-numbered year, as rounded to the nearest whole percentage point, was eligible for a free or reduced-price lunch in the federal school lunch program under 42 USC 1758 (b).

(b) Except as provided in par. (c), the amount paid to each eligible school district in the 2009-10 school year and annually thereafter shall be determined as follows:

1. Divide the amount appropriated under s. 20.255 (2) (bb) by the total number of pupils enrolled in all eligible school districts.

2. Increase the amount determined under subd. 1. by the percentage increase in the total amount appropriated under s. 20.255 (2) (ac) between the previous school year and the current school year, but not less than zero.

3. Increase the amount determined under subd. 2. by the percentage increase in this state's aggregate personal income between the calendar year beginning in the 2nd previous school year and the calendar year beginning in the previous school year, but not less than zero.

4. Multiply the amount determined under subd. 3. by the school district's enrollment on the 3rd Friday of September in the current school year.

(c) 1. Beginning in the 2009-10 school year, an eligible school district may not receive under par. (b) less than the amount determined by increasing the amount received under this section in the previous school year by the percentage increases specified in par. (b) 2. and 3.

2. Notwithstanding subd. 1., if in any fiscal year the amount appropriated under s. 20.255 (2) (bb) is insufficient to fully fund aid payments under this subsection, the department shall prorate payments to eligible school districts.

20,2748 Section 2748. 121.58 (2) (a) 4. of the statutes is amended to read:

121.58 (2) (a) 4. For each pupil so transported whose residence is more than 12 miles from the school attended, $150 $180 per school year in the 2005-06 2006-07 school year and $180 $220 per school year thereafter.

20,2748m Section 2748m. 121.58 (2) (d) of the statutes is created to read:

121.58 (2) (d) In addition to any other payments made under this section, the department shall allocate $35,000 annually to reimburse school districts for 75 percent of the costs incurred to transport pupils over ice from their residence on an island to school on the mainland and back to their residence on the island, including the costs of maintaining and storing equipment. If in any school year the amount to which school districts are entitled under this paragraph exceeds $35,000, the department shall prorate the payments among the eligible school districts.

20,2749q Section 2749q. 121.90 (2) (intro.) of the statutes is amended to read:

121.90 (2) (intro.) "State aid" means aid under ss. 121.08, 121.09 and, 121.105, and 121.136 and subch. VI, as calculated for the current school year on October 15 under s. 121.15 (4) and including adjustments made under s. 121.15 (4), and amounts under s. 79.095 (4) for the current school year, except that "state aid" excludes all of the following:

20,2749r Section 2749r. 121.90 (2) (c) of the statutes is created to read:

121.90 (2) (c) For the school district operating under ch. 119, aid received under s. 121.136.

20,2750 Section 2750. 121.905 (1) of the statutes is amended to read:

121.905 (1) In this section, "revenue ceiling" means $8,100 $8,700 in the 2005-06 2007-08 school year and $8,400 $9,000 in any subsequent school year.

20,2751 Section 2751. 121.91 (2m) (e) (intro.) of the statutes is amended to read:

121.91 (2m) (e) (intro.) Except as provided in subs. (3) and, (4), and (8), no school district may increase its revenues for the 1999-2000 school year or for any school year thereafter to an amount that exceeds the amount calculated as follows:

20,2752 Section 2752. 121.91 (4) (f) 1. of the statutes is amended to read:

121.91 (4) (f) 1. Except as provided in subd. 1m., for the 1999-2000 2007-08 school year or any school year thereafter, if the average of the number of pupils enrolled in the current and the 2 preceding school years is less than the average of the number of pupils enrolled in the 3 previous school years, the limit otherwise applicable under sub. (2m) (e) is increased by the additional amount that would have been calculated had the there been no decline in average enrollment been 25% of what it was.

20,2753 Section 2753. 121.91 (4) (f) 1m. b. of the statutes is amended to read:

121.91 (4) (f) 1m. b. For the school year beginning on the first July 1 following the effective date of the school district reorganization, if the number of pupils enrolled in that school year is less than the number of pupils enrolled in the previous school year, the limit otherwise applicable under sub. (2m) (e) is increased by the additional amount that would have been calculated had the there been no decline in enrollment been 25 percent of what it was.

20,2754 Section 2754. 121.91 (4) (f) 1m. c. of the statutes is amended to read:

121.91 (4) (f) 1m. c. For the school year beginning on the 2nd July 1 following the effective date of the school district reorganization, if the average of the number of pupils enrolled in that school year and the previous school year is less than the average of the number of pupils enrolled in the 2 previous school years, the limit otherwise applicable under sub. (2m) (e) is increased by the additional amount that would have been calculated had the there been no decline in average enrollment been 25 percent of what it was.

20,2756m Section 2756m. 121.91 (7) of the statutes is amended to read:

121.91 (7) Except as provided in sub. (4) (f) 2. and (8), if an excess revenue is approved under sub. (3) for a recurring purpose or allowed under sub. (4), the excess revenue shall be included in the base for determining the limit for the next school year for purposes of this section. If an excess revenue is approved under sub. (3) for a nonrecurring purpose, the excess revenue shall not be included in the base for determining the limit for the next school year for purposes of this section.

20,2757 Section 2757. 121.91 (8) of the statutes is created to read:

121.91 (8) If a school district's initial revenue limit for the current school year, as calculated under s. 121.905 or sub. (2m) (e), whichever is appropriate, before making any adjustments under sub. (3) or (4), is less than the amount determined by multiplying the amount under sub. (2m) (e) 1. by the average of the number of pupils enrolled in the 3 preceding school years, the school district's initial revenue limit for the current school year, before making any adjustments under sub. (3) or (4), is the amount determined by multiplying the amount under sub. (2m) (e) 1. by the average of the number of pupils enrolled in the 3 preceding school years. Any additional revenue received by a school district as a result of this subsection shall not be included in the base for determining the school district's limit under sub. (2m) for the following school year.

20,2757r Section 2757r. 125.01 of the statutes is amended to read:

125.01 Legislative intent. This chapter shall be construed as an enactment of the legislature's support for the 3-tier system for alcohol beverages production, distribution, and sale that, through uniform statewide regulation, provides this state regulatory authority over the production, storage, distribution, transportation, sale, and consumption of alcohol beverages by and to its citizens, for the benefit of the public health and welfare and this state's economic stability. Without the 3-tier system, the effective statewide regulation and collection of state taxes on alcohol beverages sales would be seriously jeopardized. It is further the intent of the legislature that without a specific statutory exception, all sales of alcohol beverages shall occur through the 3-tier system, from manufacturers to licensed wholesalers to retailers to consumers. Face-to-face retail sales at licensed premises directly advance the state's interest in preventing alcohol sales to underage or intoxicated persons.

20,2757t Section 2757t. 125.015 of the statutes is created to read:

125.015 Severability. If any provision or clause of this chapter or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

20,2757te Section 2757te. 125.02 (2) of the statutes is amended to read:

125.02 (2) "Brewer" means any person who manufactures fermented malt beverages for sale or transportation, except that "brewer" does not include a permittee under s. 125.295.

20,2757tm Section 2757tm. 125.02 (2d) (intro.), (2h), (2p) and (2t) of the statutes are created to read:

125.02 (2d) (intro.) "Brewer group" means a brewer, including all premises for which the brewer holds a permit issued under s. 125.29, together with all of the following:

(2h) "Brewpub" means a permittee under s. 125.295.

(2p) "Brewpub group" means a brewpub, including all premises for which the brewpub holds a permit issued under s. 125.295, together with all of the following:

(a) All brewpubs that share membership with the brewpub in a controlled group of brewpubs, as determined under 26 USC 5051 (a) (2) (B).

(b) All brewpubs considered with the brewpub as one taxpayer under 27 CFR 25.111b (b).

(d) All franchisees, as defined in s. 553.03 (5), of the brewpub's franchisor, as defined in s. 553.03 (6).

(e) The franchisor, as defined in s. 553.03 (6), of the brewpub.