Wisconsin Legislature: 25,714d

(b) The district board shall publish type A, B, C, D, and E notices of the referendum under s. 10.01 (2). Section 5.01 (1) applies in the event of failure to comply with the notice requirements of this paragraph.

(c) The referendum shall be held in accordance with chs. 5 to 12. The district board 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 board under ss. 5.64 (2) and 7.08 (1) (a). The question shall be submitted as follows: "Under state law, the percentage increase in the levy of the .... (name of district) for the next fiscal year, .... (year), is limited to ....%, resulting in a levy of $..... Shall the .... (name of district) be allowed to exceed this limit such that the percentage increase for the next fiscal year, .... (year), will be ....%, resulting in a levy of $....?".

(d) Within 14 days after the referendum, the district board shall certify the results of the referendum to the department of revenue. The limit otherwise applicable to the district under sub. (2) is increased for the next fiscal year by the amount approved by a majority of those voting on the question. If the resolution specifies that the increase is for one year only, the amount of the increase shall be subtracted from the base used to calculate the limit for the 2nd succeeding fiscal year.

(4m) Penalty. The department of revenue shall notify the board of any amount levied by a district board that exceeds the district's limit under this section. The board shall reduce the district's state aid under s. 38.28 in the same fiscal year in which the excess levy occurred by an amount equal to the amount of the excess levy. The amount of the reduction shall lapse to the general fund.

(5) Sunset. This section does not apply beginning 3 years after the effective date of this subsection .... [revisor inserts date].

25,708d Section 708d. 38.22 (6) (f) of the statutes is created to read:

38.22 (6) (f) Any person verified by the department of veterans affairs as being a resident of this state under s. 38.24 (8) (a).

25,709 Section 709. 38.24 (1s) (b) of the statutes is amended to read:

38.24 (1s) (b) A short-term, professional development, vocational-adult seminar or workshop, consisting of no more than 24 hours of instruction, offered to individuals who are employed in a related field. The additional fee may not exceed an amount equal to the full cost of the seminar or workshop less the fee under sub. (1m). Annually the district board shall report to the board the courses for which an additional fee was charged under this paragraph and the amount of the additional fee.

25,709m Section 709m. 38.24 (7) of the statutes is created to read:

38.24 (7) Fee remission for spouse, surviving spouse, and children of certain veterans. (a) In this subsection, "eligible veteran" means a person verified by the department of veterans affairs to be either of the following:

1. A person who has served on active duty under honorable conditions in the U.S. armed forces, in forces incorporated as part of the U.S. armed forces, in the national guard, or in a reserve component of the U.S. armed forces; who was a resident of this state at the time of entry into that service; and who, while a resident of this state, either died on active duty, or died in the line of duty while on active or inactive duty for training purposes.

2. A person who was a resident of this state at the time of entry into service described in subd. 1. and who, while a resident of this state, incurred at least a 30 percent service-connected disability rating under 38 USC 1114 or 1134.

(b) Except as provided in subds. 1. to 3., the district board shall grant full remission of fees under sub. (1m) (a) to (c) for 128 credits or 8 semesters, whichever is longer, to any resident student who is also any of the following:

1. A spouse of an eligible veteran. The remission under this subdivision applies only during the first 10 years after the eligible veteran received the service-connected disability rating.

2. An unremarried surviving spouse of an eligible veteran. The remission under this subdivision applies only during the first 10 years after the veteran died.

3. A child of an eligible veteran, if the child is at least 18 but not yet 26 years of age and is a full-time student at a technical college.

25,709n Section 709n. 38.24 (8) of the statutes is created to read:

38.24 (8) Fee remission for veterans. (a) In this subsection, "veteran" means a person who is verified by the department of veterans affairs as being a resident of this state for purposes of receiving benefits under ch. 45, as being a resident at the time of his or her entry into the U.S. armed forces or forces incorporated in the U.S. armed forces, and as meeting any of the following conditions:

1. The person has served on active duty for at least one qualifying term of service under subds. 2. to 4. under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces during a war period or in a crisis zone.

2. The person has served on active duty in the U.S. armed forces or in forces incorporated in the U.S. armed forces under honorable conditions, for 2 continuous years or more or for the full period of his or her initial service obligation, whichever is less.

3. The person has served on active duty for 90 days or more under honorable conditions in the U.S. armed forces or in forces incorporated in the U.S. armed forces during a war period or for any period of service under section 1 of executive order 10957 dated August 10, 1961.

4. The term of service in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces under honorable conditions entitled the person to receive the Armed Forces Expeditionary Medal, established by executive order 10977 on December 4, 1961, the Vietnam Service Medal established by executive order 11231 on July 8, 1965, the Navy Expeditionary Medal, the Marine Corps Expeditionary Medal, or an equivalent expeditionary or service medal.

5. The person was honorably discharged from the U.S. armed forces or from forces incorporated in the U.S. armed forces for a service-connected disability, for a disability subsequently adjudicated to have been service connected, or for reasons of hardship.

6. The person was released under honorable conditions from the U.S. armed forces or from forces incorporated in the U.S. armed forces due to a reduction in the U.S. armed forces.

(b) The district board shall grant remission equal to 50 percent of the fees charged under sub. (1m) (a) to (c) for 128 credits or 8 semesters, whichever is longer, less the amount of any fees paid under 10 USC 2107 (c) or 38 USC 3104 (a) (7) (A), to any student who is a veteran.

25,710 Section 710. 38.28 (1m) (a) 1. of the statutes is amended to read:

38.28 (1m) (a) 1. "District aidable cost" means the annual cost of operating a technical college district, including debt service charges for district bonds and promissory notes for building programs or capital equipment, but excluding all expenditures relating to auxiliary enterprises and community service programs, all expenditures funded by or reimbursed with federal revenues, all receipts under sub. (6) and ss. 38.12 (9), 38.14 (3) and (9), 118.15 (2) (a), and 118.55 (7r), and 146.55 (5), all receipts from grants awarded under ss. 38.04 (8), (20), (28), and (31), 38.14 (11), 38.26, 38.27, 38.33, and 38.38, all fees collected under s. 38.24, and driver education and chauffeur training aids.

25,713m Section 713m. 38.35 of the statutes is repealed.

25,714d Section 714d. 38.40 (title) of the statutes is amended to read:

38.40 (title) School-to-work, Technical preparation, school-to-work, and work-based learning programs.

25,715d Section 715d. 38.40 (1) of the statutes is amended to read:

38.40 (1) Employment and education program administration. The board shall plan, coordinate, administer, and implement the technical preparation, school-to-work, and work-based learning programs under sub. (1m) and such other employment and education programs as the governor may by executive order assign to the board. Notwithstanding any limitations placed on the use of state employment and education funds under this section or under an executive order assigning an employment and education program to the board, the board may issue a general or special order waiving any of those limitations on finding that the waiver will promote the coordination of employment and education services.

25,716d Section 716d. 38.40 (1m) (title) of the statutes is amended to read:

38.40 (1m) (title) School-to-work Technical preparation, school-to-work, and work-based learning programs.

25,716m Section 716m. 38.40 (1m) (a) of the statutes is created to read:

38.40 (1m) (a) A technical preparation program that includes the technical preparation programs under s. 118.34.

25,719d Section 719d. 38.40 (2) of the statutes is amended to read:

38.40 (2) Interagency assistance. The council on workforce investment established under 29 USC 2821 and the department of public instruction shall assist the board in providing the technical preparation, school-to-work, and work-based learning programs under sub. (1m).

25,724m Section 724m. 38.41 of the statutes is created to read:

38.41 Jobs advantage training program. (1) Subject to sub. (2), the board may award a grant to a business if all of the following apply:

(a) The business is located in this state and satisfies any of the following criteria:

1. The business has not more than 50 full-time employees.

2. The business had not more than $5,000,000 in gross annual income in the year preceding the year in which the business receives the grant.

(b) The business has been in compliance with s. 77.58 for at least 6 months before applying for the grant.

(c) The business agrees in writing to use the grant only to provide skills training or other education related to the needs of the business to current or prospective employees of the business.

(d) The business agrees in writing to comply with sub. (2) (c).

(e) The business submits a plan to the board detailing the proposed use of the grant, and the board approves the plan.

(f) The business enters into a written agreement with the board that specifies the conditions for the use of the grant, including reporting and auditing requirements.

(g) The business agrees in writing to submit to the board the report required under sub. (3) by the time required under sub. (3).

(h) The business provides matching funds at least equal to the amount of the grant. The board may waive the requirement under this paragraph if the board determines that the business is subject to extreme financial hardship.

(2) (a) The board may not award a business more than $20,000 in grants under this section.

(b) Annually, each district board shall submit to the board a list of the types of businesses that the district board believes, based upon regional need, should be given preference in the granting of awards. The board shall give preference to those types of businesses designated by the district boards in awarding grants under this section.

1. To pay more than 80 percent of the cost of any skills training or other education related to the needs of the recipient business that is provided to the owner of the business, the owner's spouse, or a child of the owner .

2. To pay wages or compensate for lost revenue, if any, in connection with providing the training or other education, or otherwise.

(3) A business that receives a grant under this section shall submit to the board, within 6 months after spending the full amount of the grant proceeds, a report detailing how the grant proceeds were used.

(4) The board shall promulgate rules to implement and administer this section.

25,725g Section 725g. 38.50 (11) of the statutes is created to read:

38.50 (11) Closed schools; preservation of records. (a) In this subsection:

1. "Association" means the Wisconsin Association of Independent Colleges and Universities or a successor organization.

2. Notwithstanding sub. (1) (e), "school" has the meaning given in sub. (1) (e) (intro.) and also includes a school described in sub. (1) (e) 1., 6., 7., or 8.

3. "Student record" means, in the case of a school, as defined in sub. (1) (e) (intro.), a transcript for a student or former student of a school showing the name of the student, the title of the program in which the student was or is enrolled, the total number of credits or hours of instruction completed by the student, the dates of enrollment, the grade for each course, lesson, or unit of instruction completed by the student, the student's cumulative grade for the program, and an explanation of the school's credit and grading system. In the case of a school described in sub. (1) (e) 1., 6., 7., or 8., "student record" means a transcript for a student or former student of the school showing such information about the academic work completed by the student or former student as is customarily maintained by the school.

(b) 1. If a school operating in this state discontinues its operations, proposes to discontinue its operations, or is in imminent danger of discontinuing its operations as determined by the board, if the student records of the school are not taken into possession under subd. 2., and if the board determines that the student records of the school are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the authorized representatives of those persons, the board may take possession of those student records.

2. If a school operating in this state that is a member of the association discontinues its operations, proposes to discontinue its operations, or is in imminent danger of discontinuing its operations as determined by the association and if the association determines that the student records of the school are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the authorized representatives of those persons, the association shall take possession of those student records.

(c) If necessary to protect student records from being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the authorized representatives of those persons, the board or association may seek a court order authorizing the board or association to take possession of those student records.

(d) The board or association shall preserve a student record that comes into the possession of the board or association under par. (b) 1. or 2. and shall keep the student record confidential as provided under 20 USC 1232g and 34 CFR part 99. A student record in the possession of the board is not open to public inspection or copying under s. 19.35 (1). Upon request of the person who is the subject of a student record or an authorized representative of that person, the board or association shall provide a copy of the student record to the requester. The board or association may charge a fee for providing a copy of a student record. The fee shall be based on the administrative cost of taking possession of, preserving, and providing the copy of the student record. All fees collected by the board under this paragraph shall be credited to the appropriation account under s. 20.292 (2) (i).

25,725m Section 725m. 39.374 (2) of the statutes is amended to read:

39.374 (2) There is created a separate nonlapsible trust fund designated the Wisconsin health education loan repayment fund consisting of all All revenues received in repayment of loans funded under this section or loans financed from moneys made available under chapter 20, laws of 1981, section 2022 (1). The board may pledge revenues received or to be received by the fund to secure revenue obligations issued under this section, and shall have all other powers necessary and convenient to distribute the proceeds of the revenue obligations and loan repayments in accordance with subch. II of ch. 18, shall be deposited in the general fund.

25,727 Section 727. 39.435 (7) (a) 1. of the statutes is amended to read:

39.435 (7) (a) 1. For purposes of determining the appropriation calculating the amount to be appropriated under s. 20.235 (1) (fe) for fiscal year 2005-06 2007-08, "base amount" means the amount shown in the schedule under s. 20.005 for that appropriation for fiscal year 2004-05 2006-07.

25,728d Section 728d. 39.435 (7) (a) 2. of the statutes is amended to read:

39.435 (7) (a) 2. For purposes of determining the appropriation calculating the amount to be appropriated under s. 20.235 (1) (fe) for each fiscal year after fiscal year 2005-06 2007-08, "base amount" means the maximum appropriation amount determined calculated under par. (b) for the previous fiscal year.

25,729d Section 729d. 39.435 (7) (b) (intro.) of the statutes is amended to read:

39.435 (7) (b) (intro.) Annually Biennially, beginning on February 1, 2005 2007, the board shall determine the appropriation calculate the amounts to be appropriated under s. 20.235 (1) (fe) for the next fiscal year biennium as follows:

25,729f Section 729f. 39.435 (7) (b) 1. of the statutes is amended to read:

39.435 (7) (b) 1. The board shall determine the percentage by which the undergraduate academic fees that will be charged for the current next academic year at each institution within the University of Wisconsin System has increased or decreased, as estimated by the board, will increase or decrease from the undergraduate academic fees charged for the previous current academic year.

25,729h Section 729h. 39.435 (7) (b) 1m. of the statutes is created to read:

39.435 (7) (b) 1m. The board shall determine the percentage by which the undergraduate academic fees that will be charged for the academic year after the next academic year at each institution within the University of Wisconsin System, as estimated by the board, will increase or decrease from the estimated undergraduate academic fees that will be charged for the next academic year.

25,729j Section 729j. 39.435 (7) (b) 2. of the statutes is amended to read:

39.435 (7) (b) 2. The appropriation for the next first fiscal year of the next biennium shall be the result obtained by increasing, to the nearest $100, the base amount by the highest average of the percentage increase increases determined under subd. 1., except that, if the undergraduate academic fees for the current next academic year decreased or did are estimated to decrease or not change from the undergraduate academic fees charged for the previous current academic year at each institution specified in subd. 1., the appropriation shall be the base amount.

25,729k Section 729k. 39.435 (7) (b) 2m. of the statutes is created to read:

39.435 (7) (b) 2m. The appropriation for the 2nd fiscal year of the next biennium shall be the result obtained by increasing, to the nearest $100, the base amount by the average of the percentage increases determined under subd. 1m., except that, if the undergraduate academic fees for the academic year after the next academic year are estimated to decrease or not change from the estimated undergraduate academic fees charged for the next academic year at each institution specified in subd. 1m., the appropriation shall be the base amount.

25,730 Section 730. 39.435 (8) of the statutes is amended to read:

39.435 (8) The board shall award grants under this section to University of Wisconsin System students from the appropriations appropriation under s. 20.235 (1) (fe) and (ke).

25,731 Section 731. 39.76 (1) of the statutes is amended to read:

39.76 (1) State representation on the education commission of the states. There is created a 7-member delegation to represent the state of Wisconsin on the education commission of the states. The delegation shall consist of the governor, the state superintendent of public instruction, one senator and one representative to the assembly selected as are the members of standing committees in their respective houses, and 3 members appointed by the governor in compliance with s. 39.75 (3) (a) who shall serve at the pleasure of the governor. The chairperson of the delegation shall be designated by the governor from among its members. Members of the delegation shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties from the appropriation in s. 20.505 (4) (ba) (1) (ka). Annual commission membership dues shall be paid from the appropriation in s. 20.505 (4) (ba) (1) (ka).

25,735b Section 735b. Subchapter V (title) of chapter 39 [precedes 39.90] of the statutes, as created by 2005 Wisconsin Act .... (Assembly Bill 210), is repealed.

25,735c Section 735c. 39.90 (title) of the statutes, as created by 2005 Wisconsin Act .... (Assembly Bill 210), is renumbered 38.50 (title).