2017 Wisconsin Act 59

120.13 (14) (a) Establish and provide or contract for the provision of child 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 child care program established under this subsection. Costs associated with a child care program under this subsection may not be included in shared costs under s. 121.07 (6). Child care programs established under this subsection shall meet the standards for licensed child care centers established by the department of children and families. Pursuant to ss. 48.66 (1) (a), 48.73, and 48.74, the department of children and families may visit and inspect the premises of, inspect the records of, and investigate and prosecute any alleged violations occurring at any child care program established or contracted for under this subsection that receives payment under s. 49.155 for the child care provided. If a school board proposes to contract for the provision of a child 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 child care program under this subsection, the school board shall refer the proposed contractor to the department of 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 services with information about each person who is denied a contract for a reason specified in s. 48.685 (4m) (a) 1. to 5.

59,1626 Section 1626 . 120.13 (14) (a) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

120.13 (14) (a) Establish and provide or contract for the provision of child 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 child care program established under this subsection. Costs associated with a child care program under this subsection may not be included in shared costs under s. 121.07 (6). Child care programs established under this subsection shall meet the standards for licensed child care centers established by the department of children and families. Pursuant to ss. 48.66 (1) (a), 48.73, and 48.74, the department of children and families may visit and inspect the premises of, inspect the records of, and investigate and prosecute any alleged violations occurring at any child care program established or contracted for under this subsection that receives payment under s. 49.155 for the child care provided. If a school board proposes to contract for the provision of a child 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 child care program under this subsection, the school board shall refer the proposed contractor to the department of 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 services with information about each person who is denied a contract for a reason specified in s. 48.685 (4m) (a) 1. to 5 48.686.

59,1627 Section 1627 . 120.13 (14) (b) 1. of the statutes is amended to read:

120.13 (14) (b) 1. If a person who has contracted under par. (a) to provide a child care program is convicted of a serious crime, as defined in s. 48.685 48.686 (1) (c) 3m., or if a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care program is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th 10th birthday, the school board shall rescind the contract of the contractor immediately upon providing written notice of the rescission and the grounds for the rescission and an explanation of the process for appealing the rescission.

59,1628 Section 1628 . 120.13 (14) (b) 2. of the statutes is amended to read:

120.13 (14) (b) 2. If a person who has contracted under par. (a) to provide a child care program is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in s. 48.685 48.686 (1) (c) 3m., or if a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care program is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 12th 10th birthday, the school board shall immediately suspend the contract of the contractor until the school board obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to provide a child care program under this subsection.

59,1630d Section 1630d. 121.004 (6) of the statutes is amended to read:

121.004 (6) Net cost. The “net cost" of a fund means the gross cost of that fund minus all nonduplicative revenues and other financing sources of that fund except property taxes, general aid, and aid received under s. ss. 79.095 (4) and 79.096. In this subsection, “nonduplicative revenues" includes federal financial assistance under 20 USC 236 to 245, to the extent permitted under federal law and regulations.

59,1633g Section 1633g. 121.02 (1) (a) 2. of the statutes is amended to read:

121.02 (1) (a) 2. Subject to s. 118.40 (8) (b) 1., 2., and 3., ensure that all instructional staff of charter schools located in the school district hold a license or permit to teach issued by the department. For purposes of this subdivision, a virtual charter school is located in the school district specified in s. 118.40 (8) (a) and a charter school established under s. 118.40 (3) (c) 1. c. is located in the school district specified in s. 118.40 (3) (c) 1. c. The state superintendent shall promulgate rules defining “instructional staff" for purposes of this subdivision.

59,1633i Section 1633i. 121.02 (1) (a) 3. of the statutes is created to read:

121.02 (1) (a) 3. Ensure that an individual who provides instruction in a subject and level through an online course offered from another state to pupils enrolled in a school in the school district holds a valid license or permit to teach the subject and level in the state from which the online course is provided.

59,1635 Section 1635 . 121.05 (1) (a) 5. of the statutes is amended to read:

121.05 (1) (a) 5. Pupils attending a technical college under s. 118.15 (1) (b) and pupils attending an institution of higher education or a technical college under s. 118.55.

59,1635d Section 1635d. 121.06 (4) of the statutes is amended to read:

121.06 (4) For purposes of computing state aid under s. 121.08, equalized valuations calculated under sub. (1) and certified under sub. (2) shall include the full value of property that is exempt under s. 70.11 (39) and (39m) as determined under s. 79.095 (3) for 2016.

59,1635e Section 1635e. 121.07 (2) (d) of the statutes is amended to read:

121.07 (2) (d) The number of pupils residing in the school district in the previous school year for whom a payment was made under s. 118.40 (2r) (e) to an operator of a charter school established under contract with an entity under s. 118.40 (2r) (b) 1. e., eg., or f. in the previous school year.

59,1635em Section 1635em. 121.07 (6) (e) 1. of the statutes is amended to read:

121.07 (6) (e) 1. For a school district created by a consolidation under s. 117.08 or 117.09 that takes effect before July 1, 2019, in the school year in which the consolidation takes effect and in each of the subsequent 4 school years, the amounts under pars. (b) and (d) shall be multiplied by 1.15 and rounded to the next lowest dollar.

59,1635f Section 1635f. 121.07 (7) (e) 1. of the statutes is amended to read:

121.07 (7) (e) 1. For a school district created by a consolidation under s. 117.08 or 117.09 that takes effect before July 1, 2019, in the school year in which the consolidation takes effect and in each of the subsequent 4 school years, the amounts under pars. (a) to (bm) shall be multiplied by 1.15 and rounded to the next lower dollar.

59,1635h Section 1635h. 121.15 (4) (a) of the statutes is amended to read:

121.15 (4) (a) In this subsection, “state aid" has the meaning given in s. 121.90 (2) except that it excludes aid paid to school districts under s. ss. 79.095 (4) and 79.096.

59,1638 Section 1638 . 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, $275 $300 per school year in the 2014-15 2016-17 school year and $300 $365 per school year thereafter.

59,1639 Section 1639 . 121.58 (2) (am) of the statutes is amended to read:

121.58 (2) (am) State aid under par. (a) shall be reduced proportionately in the case of a pupil transported for less than a full school year because of nonenrollment. State aid for transportation shall not exceed the actual cost thereof. No state aid of any kind may be paid to a school district which charges the pupil transported or his or her parent or guardian any part of the cost of transportation provided under ss. 121.54 (1) to (3), (5), (6) and (10) and 121.57 or which willfully or negligently fails to transport all pupils for whom transportation is required under s. 121.54.

59,1640 Section 1640 . 121.58 (4) of the statutes is amended to read:

121.58 (4) State aid for summer class transportation. Annually on or before October 1 of the year in which transportation is provided under s. 118.50 (3) (b) or 121.54 (4), or under s. 121.54 (10) if the transportation is provided by the nonresident school district that a pupil attends under s. 118.51 or 121.84 (4), the school district clerk shall file with the department a report, containing such information as the department requires, on transportation provided by the school board to and from summer classes. Upon receipt of such report and if the summer classes meet the requirements of s. 121.14 (1) (a) 1. or 2., state aid shall be paid for such transportation. A school district which provides such transportation shall be paid state aid for such transportation at the rate of $4 $10 per pupil transported to and from public school whose residence is at least 2 miles and not more than 5 miles by the nearest traveled route from the public school attended, and $6 $20 per pupil transported to and from public school whose residence is more than 5 miles by the nearest traveled route from the public school attended, if the pupil is transported 30 days or more. The state aid shall be reduced proportionately if the pupil is transported less than 30 days.

59,1640b Section 1640b. 121.59 (2) (a) of the statutes is amended to read:

121.59 (2) (a) Divide the statewide school district transportation costs in the previous school year by the statewide membership in the previous school year and multiply the quotient by 1.5 1.45.

59,1640c Section 1640c. 121.59 (2m) of the statutes is created to read:

121.59 (2m) (a) Beginning in the 2017-18 school year and in any school year thereafter, if a school district was eligible to receive aid under sub. (2) in the immediately preceding school year but is ineligible to receive aid in the current school year because the number under sub. (2) (d) is not a positive number, the state superintendent shall, subject to par. (b), pay to that school district the amount determined as follows:

1. Determine the amount paid to the school district under sub. (2) (f) in the immediately preceding school year.

2. Multiply the amount under subd. 1. by 0.5.

(b) The sum of all payments under par. (a) may not exceed $200,000 in any fiscal year. If in any school year the amount to which school districts are entitled under par. (a) exceeds $200,000, the state superintendent shall prorate the payments among the eligible school districts.

59,1640cm Section 1640cm. 121.84 (4) (b) of the statutes is amended to read:

121.84 (4) (b) If a pupil attends school in a school district outside the pupil's school district of residence under par. (a), s. 118.51 (12) (b), (14), (16), and (17) apply to the pupil as if the pupil were attending school in a nonresident school district under s. 118.51. If the pupil is rejected as a result of s. 118.51 (12) (b), s. 118.51 (9) applies.

59,1640d Section 1640d. 121.90 (2) (am) 2. of the statutes is amended to read:

121.90 (2) (am) 2. Amounts under s. ss. 79.095 (4) and 79.096 for the current school year.

59,1640g Section 1640g. 121.905 (1) of the statutes is amended to read:

121.905 (1) In this section, “revenue ceiling" means $9,000 in the 2011-12 school year and in the 2012-13 school year and $9,100 in the 2013-14 $9,300 in the 2017-18 school year, $9,400 in the 2018-19 school year, $9,500 in the 2019-20 school year, $9,600 in the 2020-21 school year, $9,700 in the 2021-22 school year, and $9,800 in the 2022-23 school year and in any subsequent school year.

59,1640i Section 1640i. 121.91 (3) (a) of the statutes is renumbered 121.91 (3) (a) 1. and amended to read:

121.91 (3) (a) 1. If a school board wishes to exceed the limit under sub. (2m) otherwise applicable to the school district in any school year, it shall promptly adopt a resolution supporting inclusion in the final school district budget of an amount equal to the proposed excess revenue. The resolution shall specify whether the proposed excess revenue is for a recurring or nonrecurring purpose, or, if the proposed excess revenue is for both recurring and nonrecurring purposes, the amount of the proposed excess revenue for each purpose. The resolution shall be filed as provided in s. 8.37. Within 10 days after adopting the resolution, the school board shall notify the department of the scheduled date of the that it will schedule a referendum for the purpose of submitting the resolution to the electors of the school district for approval or rejection and shall submit a copy of the resolution to the department. The Except as provided in subds. 2. and 3. , the school board shall call a special referendum for the purpose of submitting the resolution to the electors of the school district for approval or rejection. In lieu of a special referendum, the school board may specify that schedule the referendum to be held at the next succeeding regularly scheduled spring primary or election or partisan primary or general election, if provided such election is to be held not sooner than 70 days after the filing of the resolution of the school board. A school board may proceed under this subdivision and under s. 67.05 (6a) 2. a. no more than 2 times in any calendar year. The school district clerk shall certify the results of the referendum to the department within 10 days after the referendum is held.

59,1640m Section 1640m. 121.91 (3) (a) 2. of the statutes is created to read:

121.91 (3) (a) 2. The school board of a school district that experiences a natural disaster, including a fire, that causes the school district's costs to increase may call a special referendum to be held within the 6-month period immediately following the natural disaster, provided the special referendum is to be held not sooner than 70 days after the filing of the resolution of the school board under subd. 1.

59,1640p Section 1640p. 121.91 (3) (a) 3. of the statutes is created to read:

121.91 (3) (a) 3. The school board of a school district may call a special referendum to be held on the Tuesday after the first Monday in November in an odd-numbered year, provided the special referendum is to be held not sooner than 70 days after the filing of the resolution of the school board under subd. 1.

59,1640r Section 1640r. 121.91 (3) (c) of the statutes is amended to read:

121.91 (3) (c) The A referendum under this subsection shall be held in accordance with chs. 5 to 12. The school district clerk shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the elections commission under ss. 5.64 (2) and 7.08 (1) (a). The question submitted shall be whether the limit under sub. (2m) may be exceeded by a specified amount. If the resolution provides that any of the excess revenue will be used for a nonrecurring purpose, the ballot in the election shall so state and shall specify the amount that will be used for a nonrecurring purpose. The limit otherwise applicable to the school district under sub. (2m) is increased by the amount approved by a majority of those voting on the question.

59,1640t Section 1640t. 121.91 (4) (L) 1. of the statutes is repealed.

59,1640v Section 1640v. 121.91 (4) (L) 2. of the statutes is renumbered 121.91 (4) (L).

59,1641m Section 1641m. 121.91 (4) (o) 4. of the statutes is created to read:

121.91 (4) (o) 4. Unless the resolution is adopted before January 1, 2018, subd. 1. applies only to a resolution adopted after December 3 1, 2018.

59,1641p Section 1641p. 121.91 (4) (p) 1. of the statutes is amended to read:

121.91 (4) (p) 1. The limit otherwise applicable to a school district under sub. (2m) in any school year is increased by the amount of any reduction to that school district's state aid payment made under s. 118.51 (16) (b) 2. and (c) or (17) (c) 2. or (cm) 2. in the previous school year for a pupil who was not included in the calculation of the number of pupils enrolled in that school district in the previous school year.

59,1642 Section 1642 . 125.04 (5) (a) 5. of the statutes is amended to read:

125.04 (5) (a) 5. Have successfully completed within the 2 years prior to the date of application a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course that is approved by the department or the educational approval board department of safety and professional services. This subdivision does not apply to an applicant who held, or who was an agent appointed and approved under sub. (6) of a corporation or limited liability company that held, within the past 2 years, a Class “A", “Class A" or “Class C" license or a Class “B" or “Class B" license or permit or a manager's or operator's license.

59,1643 Section 1643 . 125.17 (6) (a) (intro.) of the statutes is amended to read:

125.17 (6) (a) (intro.) Except as provided in par. (b), no municipal governing body may issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course, which may include computer-based training and testing, that is approved by the department or the educational approval board department of safety and professional services, or unless the applicant fulfills one of the following requirements:

59,1643d Section 1643d. 125.26 (1) of the statutes is amended to read:

125.26 (1) Every municipal governing body may issue Class “B" licenses for the sale of fermented malt beverages from premises within the municipality and may authorize an official or body of the municipality to issue temporary Class “B" licenses under sub. (6). A Class “B" license authorizes retail sales of fermented malt beverages to be consumed either on the premises where sold or off the premises. A license may be issued after July 1. That license shall expire on the following June 30. Persons holding a Class “B" license may sell beverages containing less than 0.5 percent of alcohol by volume without obtaining a license under s. 66.0433 (1).

59,1643h Section 1643h. 125.27 (1) (a) of the statutes is amended to read:

125.27 (1) (a) The department shall issue Class “B" permits to clubs holding a valid certificate issued under s. 73.03 (50) that are operated solely for the playing of golf or tennis and are commonly known as country clubs and to clubs that are operated solely for curling, ski jumping or yachting, if the club is not open to the general public and if no Class “B" licenses are issued by the governing body of the municipality in which the club is located. A Class “B" permit authorizes retail sales of fermented malt beverages to be consumed on the premises where sold. Persons holding a Class “B" permit may sell beverages containing less than 0.5 percent of alcohol by volume without obtaining a license under s. 66.0433 (1).

59,1643p Section 1643p. 125.27 (2) (b) of the statutes is amended to read:

125.27 (2) (b) Persons holding a permit under par. (a) may sell beverages containing less than 0.5 percent of alcohol by volume without obtaining a license under s. 66.0433 (1).

59,1643t Section 1643t. 125.27 (3) (c) of the statutes is amended to read:

125.27 (3) (c) A tribe holding a permit under par. (a) may sell beverages containing less than 0.5 percent of alcohol by volume without obtaining a license under s. 66.0433 (1).

59,1644 Section 1644 . 134.66 (2m) (b) of the statutes is amended to read:

134.66 (2m) (b) Paragraph (a) does not apply to an agent, employee, or independent contractor who has received the training described in par. (a) as part of a responsible beverage server training course or a comparable training course, as described in s. 125.04 (5) (a) 5., that was successfully completed by the agent, employee, or independent contractor. The department of health services shall make the training program developed or approved by that department under par. (a) available to the technical college system board, and that board shall include that training program or a comparable training program approved by that department in the curriculum guidelines specified by that board under s. 125.04 (5) (a) 5. The department of health services shall also make the training program developed or approved by that department under par. (a) available to any provider of a comparable training course, as described in s. 125.04 (5) (a) 5., on request, and the department of revenue or the educational approval board department of safety and professional services may approve a comparable training course under s. 125.04 (5) (a) 5. only if that training course includes the training program developed or approved by the department of health services under par. (a) or a comparable training program approved by that department.

59,1644r Section 1644r. 139.32 (5) of the statutes is amended to read:

139.32 (5) Manufacturers, bonded direct marketers, and distributors who are authorized by the department to purchase tax stamps shall receive a discount of 0.7 0.8 percent of the tax paid on stamp purchases.

59,1646t Section 1646t. 145.01 (4m) of the statutes is renumbered 145.01 (4m) (intro.) and amended to read:

145.01 (4m) Failing private on-site wastewater treatment system. (intro.) “Failing private on-site wastewater treatment system" has the meaning specified under s. 145.245 (4). means a private on-site wastewater treatment system that meets the criteria established by the department for determining if a private on-site wastewater treatment system is failing. A failing private on-site wastewater treatment system is one that causes or results in any of the following conditions:

59,1646u Section 1646u. 145.01 (4m) (a) of the statutes is created to read:

145.01 (4m) (a) The discharge of sewage into surface water or groundwater.

59,1646v Section 1646v. 145.01 (4m) (b) of the statutes is created to read:

145.01 (4m) (b) The introduction of sewage into zones of saturation that adversely affects the operation of a private on-site wastewater treatment system.

59,1646w Section 1646w. 145.01 (4m) (c) of the statutes is created to read:

145.01 (4m) (c) The discharge of sewage to a drain tile or into zones of bedrock.

59,1646x Section 1646x. 145.01 (4m) (d) of the statutes is created to read:

145.01 (4m) (d) The discharge of sewage to the surface of the ground.

59,1646y Section 1646y. 145.01 (4m) (e) of the statutes is created to read:

145.01 (4m) (e) The failure to accept sewage discharges and back up of sewage into the structure served by the private on-site wastewater treatment system.

59,1646ym Section 1646ym. 145.02 (2) (a) of the statutes is amended to read:

145.02 (2) (a) The department shall have general supervision of all such plumbing and shall after public hearing prescribe and publish and enforce reasonable standards therefor which shall be uniform and of statewide concern so far as practicable. Any employee designated by the department may act for the department in holding the public hearing required under this subsection. To the extent that the historic building code applies to the subject matter of these standards, the standards do not apply to a qualified historic building if the owner elects to be subject to s. 101.121. The standards do not apply to a primitive rural hunting cabin, as defined in s. 101.61 (3).

59,1652g Section 1652g. 145.09 of the statutes is renumbered 145.09 (1m).