Amendment AA6-SB21

2015 - 2016 LEGISLATURE

ASSEMBLY AMENDMENT 6, TO SENATE BILL 21

July 8, 2015 - Offered by Representatives Pope, Hebl, Bowen and Sargent.

SB21-AA6,1,2 At the locations indicated, amend the bill, as shown by senate substitute amendment 1, as follows:

SB21-AA6,1,3 1. At the appropriate places, insert all of the following:

SB21-AA6,1,5 " Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

SB21-AA6,2 Section 2. 20.255 (2) (aj) of the statutes is created to read:

SB21-AA6,1,8 20.255 (2) (aj) Hold harmless aid. A sum sufficient for hold harmless aid to school districts under s. 121.10.

SB21-AA6,3 Section 3. 20.255 (2) (cd) of the statutes is created to read:

SB21-AA6,2,2 20.255 (2) (cd) Bilingual-bicultural education grants. The amounts in the schedule for bilingual-bicultural education grants under s. 115.957.

SB21-AA6,4 Section 4. 20.255 (2) (dh) of the statutes is created to read:

SB21-AA6,2,5 20.255 (2) (dh) Violence prevention and reduction grants. The amounts in the schedule for grants to school districts under s. 115.369.

SB21-AA6,5 Section 5. 49.45 (23) (a) of the statutes is amended to read:

SB21-AA6,2,14 49.45 (23) (a) The department shall request a waiver from the secretary of the federal department of health and human services to permit the department to conduct a demonstration project to provide health care coverage to adults who are under the age of 65, who have family incomes not to exceed 100 133 percent of the poverty line before application of the 5 percent income disregard under 42 CFR 435.603 (d), except as provided in s. 49.471 (4g), and who are not otherwise eligible for medical assistance under this subchapter, the Badger Care health care program under s. 49.665, or Medicare under 42 USC 1395 et seq.

SB21-AA6,6 Section 6. 49.471 (1) (cr) of the statutes is created to read:

SB21-AA6,2,17 49.471 (1) (cr) "Enhanced federal medical assistance percentage" means a federal medical assistance percentage described under 42 USC 1396d (y) or (z).

SB21-AA6,7 Section 7. 49.471 (4) (a) 4. b. of the statutes is amended to read:

SB21-AA6,2,21 49.471 (4) (a) 4. b. The Except as provided in sub. (4g), the individual's family income does not exceed 100 133 percent of the poverty line before application of the 5 percent income disregard under 42 CFR 435.603 (d).

SB21-AA6,8 Section 8. 49.471 (4g) of the statutes is created to read:

SB21-AA6,3,5 49.471 (4g) Medicaid expansion; federal medical assistance percentage. (a) For services provided to individuals described under sub. (4) (a) 4. and s. 49.45 (23), the department shall comply with all federal requirements to qualify for the highest available enhanced federal medical assistance percentage. The department shall submit any amendment to the state medical assistance plan, request for a waiver of federal Medicaid law, or other approval required by the federal government to provide services to the individuals described under sub. (4) (a) 4. and s. 49.45 (23) and qualify for the highest available enhanced federal medical assistance percentage.

SB21-AA6,3,16 (b) If the department does not qualify for an enhanced federal medical assistance percentage, or if the enhanced federal medical assistance percentage obtained by the department is lower than printed in federal law as of July 1, 2013, for individuals eligible under sub. (4) (a) 4. or s. 49.45 (23), the department shall submit to the joint committee on finance a fiscal analysis comparing the cost to maintain coverage for adults who are not pregnant and not elderly at up to 133 percent of the poverty line to the cost of limiting eligibility to those adults with family incomes up to 100 percent of the poverty line. The department may reduce income eligibility for adults who are not pregnant and not elderly from up to 133 percent of the poverty line to up to 100 percent of the poverty line only if this reduction in income eligibility levels is approved by the joint committee on finance.

SB21-AA6,2124de Section 2124de. 71.05 (6) (b) 49. a. of the statutes is amended to read:

SB21-AA6,3,21 71.05 (6) (b) 49. a. Subject to the definitions provided in subd. 49. b. to g. and the limitations specified in subd. 49. h. to j. for taxable years beginning after December 31, 2013, and before January 1, 2015, tuition expenses that are paid by a claimant for tuition for a pupil to attend an eligible institution.

SB21-AA6,9 Section 9. 79.10 (4) of the statutes is amended to read:

SB21-AA6,4,2 79.10 (4) School levy tax credit. Except as provided in sub. (5m), the amount appropriated under s. 20.835 (3) (b) shall be distributed to municipalities in proportion to their share of the sum of average school tax levies for all municipalities. No municipality shall receive a payment under this subsection after 2015.

SB21-AA6,10 Section 10. 79.10 (5m) of the statutes is amended to read:

SB21-AA6,4,9 79.10 (5m) First dollar credit. Each municipality shall receive, from the appropriation under s. 20.835 (3) (b), an amount determined by multiplying the school tax rate by the estimated fair market value, not exceeding the value determined under sub. (11) (d), of every parcel of real property with improvements that is located in the municipality. No municipality shall receive a payment under this subsection after 2015.

SB21-AA6,11 Section 11. 79.15 of the statutes is amended to read:

SB21-AA6,4,14 79.15 Improvements credit. The total amount paid each year to municipalities from the appropriation account under s. 20.835 (3) (b) for the payments under s. 79.10 (5m) is $75,000,000 in 2009, $145,000,000 in 2010, and $150,000,000 beginning in 2011 and in each year thereafter ending in 2015.

SB21-AA6,12 Section 12. 115.369 of the statutes is created to read:

SB21-AA6,4,18 115.369 Violence prevention and reduction grants. (1) The department shall award grants to school districts on a competitive basis to develop and implement programs to prevent and reduce violence in schools.

SB21-AA6,4,21 (2) The department shall promulgate rules to implement and administer this section, including rules that specify the criteria for receiving a grant under this section.

SB21-AA6,13 Section 13. 115.957 of the statutes is created to read:

SB21-AA6,5,2 115.957 Bilingual-bicultural education grants. (1) A school board may apply to the department for a grant to provide services to limited-English proficient pupils attending public school in the school district for whom the school board is not required to provide a bilingual-bicultural education program under s. 115.97.

SB21-AA6,5,7 (2) From the appropriation under s. 20.255 (2) (cd), the department shall award grants under sub. (1) in an amount up to $100 multiplied by the number of limited-English proficient pupils enrolled in the school district for whom the school board is not required to provide a bilingual-bicultural education program under s. 115.97.

SB21-AA6,5,11 (3) If the appropriation under s. 20.255 (2) (cd) in any fiscal year is insufficient to pay the full amount of grants awarded under this section, the department shall prorate the grant amounts provided to school districts entitled to grants in that fiscal year.

SB21-AA6,5,13 (4) The department shall promulgate rules to implement and administer this section.

SB21-AA6,14 Section 14. 119.04 (1) of the statutes is amended to read:

SB21-AA6,5,24 119.04 (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, 115.363, 115.365 (3), 115.369, 115.38 (2), 115.415, 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 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, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.137, 120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board.

SB21-AA6,15 Section 15. 121.004 (7) (a) of the statutes is amended to read:

SB21-AA6,6,5 121.004 (7) (a) "Pupils enrolled" is the total number of pupils, as expressed by official enrollments, in all schools of the school district, except as provided in pars. (b) to (f) (g). If such total contains a fraction, it shall be expressed as the nearest whole number. The same method shall be used in computing the number of pupils enrolled for resident pupils, nonresident pupils or both.

SB21-AA6,16 Section 16. 121.004 (7) (g) of the statutes is created to read:

SB21-AA6,6,9 121.004 (7) (g) A pupil who is eligible for a free or reduced-price lunch under 42 USC 1758 (b) shall be counted as the number specified in this subsection for the pupil plus an additional 30 percent of that number.

SB21-AA6,17 Section 17. 121.07 (6) (d) of the statutes is amended to read:

SB21-AA6,6,14 121.07 (6) (d) The "secondary ceiling cost per member" in the 2001-02 2015-16 school year and in each school year thereafter is an amount determined by dividing the state total shared cost in the previous school year by the state total membership in the previous school year and multiplying the result by 0.90.

SB21-AA6,18 Section 18. 121.10 of the statutes is created to read:

SB21-AA6,6,17 121.10 Hold harmless aid. (1) In this section, "state aid" means the sum of the following:

SB21-AA6,6,19 (a) The payments made to a school district under ss. 121.08 and 121.105 and subch. VI.

SB21-AA6,6,21 (b) The payments that would be made to a school district under s. 121.136 if payments were made under s. 121.136.

SB21-AA6,6,23 (c) The amount that would be received by a school district under s. 79.10 (4) and (5m) if payments were made to municipalities under s. 79.10 (4) and (5m).

SB21-AA6,7,3 (2) (a) Except as provided in par. (b), in the 2016-17 school year, if the amount a school district would receive in equalization aid under s. 121.08 in the current school year before any adjustment is made under s. 121.15 (4) (b) is less than the amount the school district would have received in state aid in the current school year, the department shall pay to the school district the amount equal to the difference.

SB21-AA6,7,9 (b) If the amount a school district from which territory was detached to create a new school district under s. 117.105 would receive in equalization aid under s. 121.08 in the school year beginning on the first July 1 following the effective date of the reorganization is less than the amount determined as follows, the department shall pay to the school district the difference between the former amount and the amount determined as follows:

SB21-AA6,7,11 1. Divide the school district's membership in the preceding school year by the school district's membership in the 2nd preceding school year.

SB21-AA6,7,14 2. Multiply the amount of state aid that would have been received by the school district in the preceding school year, as adjusted under s. 121.15 (4) (b) in the current school year, by the quotient under subd. 1.

SB21-AA6,7,20 (3) In the school year in which a school district consolidation takes effect under s. 117.08 or 117.09 and in each of the subsequent 4 school years, if the consolidated school district's equalization aid is less than the aggregate state aid for which the consolidating school districts would have been eligible in the school year prior to the school year in which the consolidation takes effect, the department shall pay the difference to the consolidated school district.

SB21-AA6,7,22 (4) Additional aid under this section shall be paid from the appropriation under s. 20.255 (2) (aj). No aid may be paid under this section after the 2016-17 school year.

SB21-AA6,19 Section 19. 121.105 (2) (am) 1. of the statutes is amended to read:

SB21-AA6,8,5 121.105 (2) (am) 1. Except as provided in subd. 2., if a school district would receive less in state aid in the current school year before any adjustment is made under s. 121.15 (4) (b) than an amount equal to 85% 90 percent of the amount of state aid that it received in the previous school year, as adjusted under s. 121.15 (4) (b) in the current school year, its state aid for the current school year shall be increased to an amount equal to 85% 90 percent of the state aid received in the previous school year.

SB21-AA6,20 Section 20. 121.105 (2) (am) 2. (intro.) of the statutes is amended to read:

SB21-AA6,8,13 121.105 (2) (am) 2. (intro.) If a school district from which territory was detached to create a new school district under s. 117.105 would receive in state aid in the school year beginning on the first July 1 following the effective date of the reorganization less than 85 90 percent of the amount determined as follows, its state aid in the school year beginning on the first July 1 following the effective date of the reorganization shall be increased to an amount equal to 85 90 percent of the amount determined as follows:

SB21-AA6,21 Section 21. 121.105 (5) of the statutes is created to read:

SB21-AA6,8,16 121.105 (5) A school district's state aid in any school year may not be less than an amount equal to $3,000 multiplied by the school district's membership.

SB21-AA6,22 Section 22. 121.136 (3) of the statutes is created to read:

SB21-AA6,8,18 121.136 (3) No aid may be paid under this section after June 30, 2015.

SB21-AA6,23 Section 23. 121.90 (2) (am) 1. of the statutes is amended to read:

SB21-AA6,8,22 121.90 (2) (am) 1. Aid under ss. 121.08, 121.09, 121.10, 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).

SB21-AA6,24 Section 24. 121.905 (1) of the statutes is amended to read:

SB21-AA6,9,3 121.905 (1) In this section, "revenue ceiling" means $9,000 $9,400 in the 2011-12 school year and in the 2012-13 2015-16 school year and $9,100 $9,700 in the 2013-14 2016-17 school year and in any subsequent school year.

SB21-AA6,5 Section 5. 121.905 (3) (c) 5g. of the statutes is created to read:

SB21-AA6,9,6 121.905 (3) (c) 5g. For the limit for the 2015-16 school year and the 2016-17 school year, add $150 to the result under par. (b).

SB21-AA6,6 Section 6. 121.905 (3) (c) 6. of the statutes is amended to read:

SB21-AA6,9,10 121.905 (3) (c) 6. For the limit for the 2015-16 2017-18 school year or any school year thereafter, make no adjustment add the amount determined under s. 121.91 (2m) (i) to the result under par. (b).

SB21-AA6,7 Section 7. 121.91 (2m) (i) (intro.) of the statutes is amended to read:

SB21-AA6,9,14 121.91 (2m) (i) (intro.) Except as provided in subs. (3), (4), and (8), no school district may increase its revenues for the 2015-16 school year or for any the 2016-17 school year thereafter to an amount that exceeds the amount calculated as follows:

SB21-AA6,8 Section 8. 121.91 (2m) (i) 1m. of the statutes is created to read:

SB21-AA6,9,16 121.91 (2m) (i) 1m. Add $150 to the result under subd. 1.

SB21-AA6,9 Section 9. 121.91 (2m) (i) 2. of the statutes is amended to read:

SB21-AA6,9,19 121.91 (2m) (i) 2. Multiply the result under subd. 1. 1m. by the average of the number of pupils enrolled in the current and the 2 preceding school years.

SB21-AA6,10 Section 10. 121.91 (2m) (j) of the statutes is created to read:

SB21-AA6,9,23 121.91 (2m) (j) Except as provided in subs. (3), (4), and (8), no school district may increase its revenues for the 2017-18 school year or for any school year thereafter to an amount that exceeds the amount calculated as follows:

SB21-AA6,9,25 1. Divide the sum of the amount of state aid received in the previous school year and property taxes levied for the previous school year, excluding property taxes levied for the purpose of s. 120.13 (19) and excluding funds described under sub. (4) (c), by the average of the number of pupils enrolled in the 3 previous school years.

SB21-AA6,10,3 2. Add the following to the result under subd. 1.:

SB21-AA6,10,5 a. For the 2016-17 school year, $150 multiplied by the sum of 1.0 plus the allowable rate of increase under s. 73.0305 expressed as a decimal.