Wisconsin Legislature: 32,9135

(a) The legislative audit bureau shall prepare a report on the state aid transfer amount under the open enrollment program. The report shall discuss all of the following:

1. The history of the transfer amount.

2. Alternatives for increasing the transfer amount based on the costs to nonresident school districts of educating transfer pupils and the amount of funding the resident school districts retain for their fixed costs.

3. Alternatives for transferring the resident school district's revenue limit amount or state aid amount to the nonresident school district.

(b) The report shall discuss the issues and alternatives under paragraph (a) with respect to school districts that either gain or lose a relatively large proportion of pupils under the program.

(c) By January 1, 2012, the legislative audit bureau shall submit the report to the governor; to the cochairpersons of the joint committee on finance; to the cochairpersons of the joint legislative audit committee under section 13.172 (3) of the statutes; and to the chairpersons of the appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate, under section 13.172 (3) of the statutes.

32,9132 Section 9132. Nonstatutory provisions; Local Government.

(1d) Collective bargaining agreements covering certain municipal district employees.

(a) A school district and the representative of a collective bargaining unit containing employees of that school district may enter into one memorandum of understanding that reduces the cost of compensation or fringe benefits in the collective bargaining agreement under subchapter IV of chapter 111 of the statutes that covers the school district employees, that was entered into before February 1, 2011, and that is in effect on the effective date of this paragraph. Such a modification is not a modification of the collective bargaining agreement for purposes of 2011 Wisconsin Act 10, sections 9315 (1) and (2) and 9332 (1), or any provisions that are substantially similar to 2011 Wisconsin Act 10, sections 9315 (1) and (2) and 9332 (1), that may be enacted under separate legislation. The memorandum of understanding entered into under this paragraph remains effective for the duration of the current collective bargaining agreement and continues to be effective after the collective bargaining agreement expires until a new collective bargaining agreement takes effect except that, if the memorandum contains a provision addressing a subject that, at the expiration of the collective bargaining agreement, becomes a prohibited subject of bargaining, that provision is no longer effective.

(b) A technical college district board and the representative of a collective bargaining unit containing employees of that technical college district may enter into one memorandum of understanding that reduces the cost of compensation or fringe benefits in the collective bargaining agreement under subchapter IV of chapter 111 of the statutes that covers the technical college district employees, that was entered into before February 1, 2011, and that is in effect on the effective date of this paragraph. Such a modification is not a modification of the collective bargaining agreement for purposes of 2011 Wisconsin Act 10, sections 9315 (1) and (2) and 9332 (1), or any provisions that are substantially similar to 2011 Wisconsin Act 10, sections 9315 (1) and (2) and 9332 (1), that may be enacted under separate legislation. The memorandum of understanding entered into under this paragraph remains effective for the duration of the current collective bargaining agreement and continues to be effective after the collective bargaining agreement expires until a new collective bargaining agreement takes effect except that, if the memorandum contains a provision addressing a subject that, at the expiration of the collective bargaining agreement, becomes a prohibited subject of bargaining, that provision is no longer effective.

(c) No memorandum of understanding as described in paragraph (a) or (b) may be entered into later than 90 days after the effective date of this paragraph.

32,9135 Section 9135. Nonstatutory provisions; Natural Resources.

(2) Commercial construction site erosion control.

(a) In this subsection, "commercial building site" means a building site for construction of public buildings and buildings that are places of employment.

(b) All rules promulgated by the department of natural resources under section 281.33 (3m), 2009 stats., related to erosion control for commercial building sites that are in effect on the effective date of this paragraph, as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of safety and professional services. All orders issued by the department of natural resources that are in effect on the effective date of this paragraph and that are primarily related to erosion control for commercial building sites, as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of safety and professional services.

(c) Any matter pending with the department of natural resources on the effective date of this paragraph that is primarily related to its commercial building site erosion control responsibilities under section 281.33 (3m), 2009 stats., as determined by the secretary of administration, is transferred to the department of safety and professional services and all materials submitted to or actions taken by the department of natural resources with respect to the pending matters are considered as having been submitted to or taken by the department of safety and professional services.

(d) Any delegation of the authority to act under section 281.33 (3m), 2009 stats., made by the department of natural resources to a county, city, village, or town that is in effect on the effective date of this paragraph remains in effect until revoked by the department of safety and professional services.

(e) 1. In this paragraph:

a. "Commercial building" means a public building or a building that is a place of employment.

b. "Place of employment" has the meaning given in section 101.01 (11) of the statutes.

c. "Public building" has the meaning given in section 101.01 (12) of the statutes.

2. On or before October 1, 2011, the department of natural resources and the department of safety and professional services shall enter into a memorandum of understanding that does all of the following:

a. Delineates the responsibilities of the department of natural resources under section 281.33 of the statutes, as affected by this act, and the department of safety and professional services under section 101.1206 of the statutes, as affected by this act, in administering erosion control activities at construction sites during and after construction.

b. Delineates the manner in which the department of safety and professional services will regulate erosion control activities at commercial building construction sites of one acre or larger so that those erosion control activities are regulated in a manner that is consistent with the manner in which the department of natural resources regulates erosion control activities under chapter 283 of the statutes, as affected by this act, and rules promulgated under chapter 283 of the statutes, as affected by this act.

(3c) Federal fiscal year 2011 appropriations act funding for clean water fund projects.

(a) If this state receives moneys under P.L. 112-10 as a capitalization grant for clean water state revolving funds under the Federal Water Pollution Control Act, the department of natural resources and the department of administration may, as provided in this subsection, allocate the funds, before December 31, 2013, for financial assistance to municipalities, as defined in section 281.59 (1) (c) of the statutes, under section 281.58 of the statutes for projects eligible to receive financial assistance under that section.

(b) The department of natural resources and the department of administration shall provide additional subsidy under this subsection to municipalities in the amount that P.L. 112-10 requires to be used to provide additional subsidy. The department of natural resources and the department of administration shall provide additional subsidy to a municipality in the form of forgiveness of part of the principal of a loan made to the municipality, notwithstanding the limits in section 281.58 (6) (b) of the statutes on the methods that may be used to provide financial assistance. The department of natural resources may establish a percentage limit of the amount of the principal forgiveness available under this paragraph that may be received by any municipality.

(c) The department of natural resources may establish a deadline for submitting applications for financial assistance under this subsection.

(d) In selecting the projects to receive financial assistance under this subsection, and the terms of the financial assistance, the department of natural resources may consider any of the following:

1. The population of the municipality in which a project would be located.

2. The median household income, as defined in section 281.58 (1) (cm) of the statutes, of the municipality in which a project would be located.

3. The extent to which a project promotes water efficiency or energy efficiency; is environmentally innovative; or uses natural systems or engineered systems that mimic natural processes, also called green infrastructure.

(e) Notwithstanding section 227.10 (1) of the statutes, the department of natural resources and the department of administration are not required to promulgate rules for the purposes of this subsection.

(3d) Federal fiscal year 2011 appropriations act funding for safe drinking water loan program projects.

(a) If this state receives moneys under P.L. 112-10 as a capitalization grant for drinking water state revolving loan funds under the federal Safe Drinking Water Act, the department of natural resources and the department of administration may, as provided in this subsection, allocate the funds, before December 31, 2013, for financial assistance to local governmental units, as defined in section 281.61 (1) (a) of the statutes, under section 281.61 of the statutes for projects eligible to receive financial assistance under that section. Notwithstanding section 281.59 (3s) (a) of the statutes, the department of administration may, until December 30, 2013, allocate amounts approved for the 2011-13 biennium under section 281.59 (3s) (b) 1. of the statutes for projects under this subsection.

(b) The department of natural resources and the department of administration shall provide additional subsidy under this subsection to local governmental units in the amount that P.L. 112-10 requires to be used to provide additional subsidy. The department of natural resources and the department of administration shall provide additional subsidy to a local governmental unit in the form of forgiveness of part of the principal of a loan made to the local governmental unit, notwithstanding the limits in section 281.61 (2r) of the statutes on the methods that may be used to provide financial assistance. The department of natural resources may establish a percentage limit of the amount of the principal forgiveness available under this paragraph that may be received by any local governmental unit.

(c) The department of natural resources may establish a different deadline for submitting applications for financial assistance under this subsection than the deadline in section 281.61 (5) of the statutes.

(d) In selecting the projects to receive financial assistance under this subsection, and the terms of the financial assistance, the department of natural resources may consider any of the following:

1. The population of the local governmental unit in which a project would be located.

2. The median household income, as defined in section 281.58 (1) (cm) of the statutes, of the local governmental unit in which a project would be located.

(3f) Economic impact analyses for certain rules.

(a) In this subsection, "department" means the department of natural resources.

(b) The department shall prepare an economic impact analysis of all of the following:

1. Section NR 102.06, Wisconsin Administrative Code.

2. Subchapter III of chapter NR 217, Wisconsin Administrative Code.

3. Section NR 115, Wisconsin Administrative Code.

(c) The economic impact analyses prepared by the department under this subsection shall include the information specified in section 227.137 (3) of the statutes. The department may prepare a single combined analysis for the rules specified under paragraph (b) 1. and 2.

(d) The department shall submit the economic impact analyses required under this subsection on or before December 31, 2011, to the governor, to the department of administration, to the cochairpersons of the joint committee for review of administrative rules, and to the chief clerks of the assembly and senate for distribution to the chairpersons of the appropriate standing committees of the legislature.

(3q) Southeastern Wisconsin Fox River commission. The department of natural resources shall provide in the 2011-13 fiscal biennium, from the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, $200,000 to the Southeastern Wisconsin Fox River commission. The commission may use this funding for activities that are required or authorized under subchapter VI of chapter 33 of the statutes and that are consistent with the commission's implementation plan. The activities for which this funding is utilized may include the activities required under section 33.56 (1), (2), and (3) of the statutes.

(4u) Position increases and decreases.

(a) The authorized FTE positions for the department of natural resources are decreased by 0.8 SEG positions funded from the appropriation under section 20.370 (9) (mu) of the statutes, for the purposes for which the appropriation is made. The secretary shall identify the position.

(b) The authorized FTE positions for the department of natural resources are decreased by 0.2 GPR positions funded from the appropriation under section 20.370 (9) (ma) of the statutes, for the purposes for which the appropriation is made. The secretary shall identify the position.

(c) The authorized FTE positions for the department of natural resources are decreased by 2.0 SEG positions funded from the appropriation under section 20.370 (8) (mu) of the statutes, for the purposes for which the appropriation is made. The secretary shall identify the positions.

(d) The authorized FTE positions for the department of natural resources are increased by 0.8 SEG positions, funded from the appropriation under section 20.370 (9) (mu) of the statutes, to provide for an unclassified division administrator.

(e) The authorized FTE positions for the department of natural resources are increased by 0.2 GPR positions, funded from the appropriation under section 20.370 (9) (ma) of the statutes, to provide for an unclassifed division administrator.

(f) The authorized FTE positions for the department of natural resources are increased by 2.0 SEG positions, funded from the appropriation under section 20.370 (8) (mu) of the statutes, to provide for additional unclassified division administrators.

32,9137 Section 9137. Nonstatutory provisions; Public Instruction.

(1) Student information system. The state superintendent of public instruction shall submit a plan for the expenditure of moneys appropriated under section 20.255 (1) (e) of the statutes, as created by this act, in the 2011-12 fiscal year to the governor for his or her approval. By October 1, 2011, the state superintendent and the governor shall submit the approved plan to the joint committee on finance for its approval. The state superintendent may not expend or encumber the moneys unless the joint committee on finance approves the plan.

(1u) Pupil assessments.

(a) Beginning in the 2014-15 school year, the department of public instruction shall replace the Wisconsin Knowledge and Concepts Examination with pupil assessments developed by the Smarter Balance Assessment Consortium or by an entity selected by the department through a request for proposals process. The new assessments shall be standards-based; measure mastery of the common core standards; be designed so as to begin the transition to online testing; and allow for the results of multiple-choice questions to be provided within one week and the results of open-ended questions to be provided within 6 weeks, or as soon as practicable.

(b) By January 1, 2012, and by January 1, 2013, the department of public instruction shall report to the cochairpersons of the joint committee on finance on the progress of the transition from the current pupil assessment system to the new pupil assessment system. The department shall ensure that a stand-alone field test of new assessment items is conducted no later than the spring of 2014.

(2) Special adjustment aids. Notwithstanding section 121.105 (2) of the statutes, for state aid distributed in the 2011-12 school year, the department of public instruction shall calculate the aid adjustment under that section using 90 percent instead of 85 percent in section 121.105 (2) (am) 1. and 2. of the statutes.

(3q) Low revenue adjustment aid.

(a) Except as provided in paragraph (b) and subject to paragraph (c), in the 2011-12 school year, from the appropriation under section 20.255 (2) (ar) of the statutes, as created by this act, the department of public instruction shall pay to each school district in which the school district's per pupil revenue under section 121.905 (4) (a) of the statutes is greater than the school district's base revenue per member, as determined under section 121.905 of the statutes, as affected by this act, an amount determined as follows:

1. For a school district in which the difference between the school district's per pupil revenue under section 121.905 (4) (a) of the statutes and the school district's base revenue per member, as determined under section 121.905 of the statutes, as affected by this act, is $100, an amount determined by multiplying $40 by the average of the number of pupils enrolled in the school district in the 2009-10, 2010-11, and 2011-12 school years. For the purpose of calculating eligibility for aid under this subdivision, if the school district's base revenue per member, as determined under section 121.905 of the statutes, is less than $8,900, the department of public instruction shall set the base revenue per member at $8,900.

2. For a school district in which the difference between the school district's per pupil revenue under section 121.905 (4) (a) of the statutes and the school district's base revenue per member, as determined under section 121.905 of the statutes, as affected by this act, is less than $100, an amount determined as provided in subdivision 3. For the purpose of calculating eligibility for aid under this subdivision and calculating aid under subdivision 3., if the school district's base revenue per member, as determined under section 121.905 of the statutes, is less than $8,900, the department of public instruction shall set the base revenue per member at $8,900.

3. a. Subtract the school district's base revenue per member, as determined under section 121.905 of the statutes, as affected by this act, from the school district's per pupil revenue under section 121.905 (4) (a) of the statutes.

b. Multiply the difference determined under subdivision 3. a. by 0.4.

c. Multiply the product under subdivision 3. b. by the average of the number of pupils enrolled in the school district in the 2009-10, 2010-11, and 2011-12 school years.

(b) If a school district's per pupil revenue under section 121.905 (4) (a) of the statutes is less than $8,900, the school district may not receive aid under this subsection.

(c) 1. When considering under this subsection the school district's per pupil revenue under section 121.905 (4) (a) of the statutes, the department of public instruction shall not consider any adjustments under section 121.91 (3) or (4) of the statutes.

2. If the appropriation under section 20.255 (2) (ar) of the statutes, as created by this act, is insufficient to pay the full amount of aid for which school districts are eligible under this subsection, the department of public instruction shall prorate the aid payments under this subsection among all eligible school districts.

(3r) Per pupil adjustment aid.

(a) In the 2012-13 school year, from the appropriation under section 20.255 (2) (ap) of the statutes, as created by this act, the department of public instruction shall pay to each school district that, in the fall of 2012, certifies the maximum amount allowed to be levied under section 121.905 of the statutes, as affected by this act, or 121.91 (2m) of the statutes, as affected by this act, an amount equal to $50 multiplied by the average of the number of pupils enrolled in the school district in the 2010-11, 2011-12, and 2012-13 school years. When considering under this paragraph whether a school district certified the maximum amount allowed to be levied, the department of public instruction shall not consider any increase under section 121.91 (4) (d) of the statutes.

(b) 1. Subject to paragraph (c), in the 2012-13 school year, from the appropriation under section 20.255 (2) (ap) of the statutes, as created by this act, the department of public instruction shall pay the amount determined under subdivision 2. to each school district to which all of the following apply:

a. In the fall of 2012, the school district certifies less than the maximum amount allowed to be levied under section 121.905 of the statutes, as affected by this act, or section 121.91 (2m) of the statutes, as affected by this act. When considering under this subdivision whether a school district certified the maximum amount allowed to be levied, the department of public instruction shall not consider any increase under section 121.91 (4) (d) of the statutes.

b. The quotient determined by dividing the difference between the maximum amount allowed to be levied by the school district in the 2012-13 school year under section 121.905 of the statutes, as affected by this act, or section 121.91 of the statutes, as affected by this act, and the actual amount certified by the school district in the fall of 2012, by the average of the number of pupils enrolled in the school district in the 2010-11, 2011-12, and 2012-13 school years is less than $50.

2. a. Divide the difference between the maximum amount allowed to be levied by the school district in the 2012-13 school year under section 121.905 of the statutes, as affected by this act, or section 121.91 of the statutes, as affected by this act, and the actual amount certified by the school district in the fall of 2012, by the average of the number of pupils enrolled in the school district in the 2010-11, 2011-12, and 2012-13 school years.

b. Subtract the amount determined under subdivision 2. a. from $50.

c. Multiply the difference determined in subdivision 2. b. by the average of the number of pupils enrolled in the school district in the 2010-11, 2011-12, and 2012-13 school years.

(c) If the appropriation under section 20.255 (2) (ap) of the statutes, as created by this act, is insufficient to pay the full amount of aid for which school districts are eligible under this subsection, the department of public instruction shall prorate the aid payments under this subsection among all eligible school districts.

(3u) Parental choice programs in eligible school districts; participation in 2011-12 school year.

(a) Notwithstanding section 118.60 (1m) of the statutes, as created by this act, within 10 days after the effective date of this subsection, the department of public instruction shall prepare a list that identifies eligible school districts, as defined under section 118.60 (1) (am) of the statutes, as created by this act, and shall notify the school district clerk of each eligible school district. Regardless of the date on which the department of public instruction identifies a school district as an eligible school district under this paragraph, the department shall treat the date as no later than June 30, 2011.

(b) Subject to section 118.60 (2) (a) 1. and 2. of the statutes, as created by this act, any pupil who resides within a school district found to be an eligible school district under paragraph (a) may participate in the program under section 118.60 of the statutes, as created by this act, in the 2011-12 school year.

(c) Notwithstanding section 118.60 (1) (am) of the statutes, as created by this act, for purposes of determining whether a school district is an eligible school district under paragraph (a), the department of public instruction shall do all of the following:

1. Use the equalized value per member, as determined in accordance with section 121.15 (4) of the statutes on October 15, 2010, for the distribution of equalization aid in the 2010-11 school year.

2. Use the shared cost per member, as determined in accordance with section 121.07 of the statutes on October 15, 2010, for the distribution of equalization aid for the 2010-11 school year.