Wisconsin Legislature: 28,758h

28,748 Section 748. 38.04 (4) (ag) of the statutes is amended to read:

38.04 (4) (ag) A program approved by the development finance economic policy board under subch. IV V of ch. 560 is exempt from board approval under par. (a).

28,749 Section 749. 38.15 (1) of the statutes is amended to read:

38.15 (1) Subject to sub. (3), if the district board intends to make a capital expenditure in excess of $1,000,000 $1,500,000, excluding moneys received from gifts, grants or federal funds, for the acquisition of sites, purchase or construction of buildings, the lease/purchase of buildings if costs exceed $1,000,000 $1,500,000 for the lifetime of the lease, building additions or enlargements or the purchase of fixed equipment relating to any such activity, it shall adopt a resolution stating its intention to do so and identifying the anticipated source of revenue for each project and shall submit the resolution to the electors of the district for approval. The referendum shall be noticed, called and conducted as provided in s. 67.05 (3) insofar as applicable. For the purposes of this section, all projects located on a single campus site within one district which are bid concurrently or which are approved by the board under s. 38.04 (10) within a 2-year period shall be considered as one capital expenditure project.

28,750 Section 750. 38.15 (2) of the statutes is amended to read:

38.15 (2) No more than $1,000,000 in reserve funds, consisting of property tax revenues and investment earnings on those revenues, may be utilized by the district board to finance capital expenditures in excess of $1,000,000 $1,500,000 for the purposes under sub. (1).

28,751 Section 751. 38.22 (6) (e) of the statutes is created to read:

38.22 (6) (e) Any person who is a citizen of a country other than the United States if that person meets all of the following requirements:

1. The person graduated from a high school in this state or received a declaration of equivalency of high school graduation from this state.

2. The person was continuously present in this state for at least 3 years following the first day of attending a high school in this state or immediately preceding receipt of a declaration of equivalency of high school graduation.

3. The person enrolls in a district school and provides the district board with proof that the person has filed or will file an application for a permanent resident visa with U.S. Citizenship and Immigration Services as soon as the person is eligible to do so.

28,752 Section 752. 38.24 (3) (a) of the statutes is amended to read:

38.24 (3) (a) For all students who are not residents of this state, nor subject to reciprocal agreements with the board, annually the board shall establish a fee based on 100% of the statewide cost per full-time equivalent student for operating the programs in which they are enrolled 150 percent of program fees established under sub. (1m) (a) and (b).

28,753d Section 753d. 38.24 (7) (b) (intro.) of the statutes is amended to read:

38.24 (7) (b) (intro.) Except as provided in subds. 1. to 3. and par. (bg), the district board shall grant full remission of fees under sub. (1m) (a) to (c) for 128 credits or 8 semesters, whichever is longer, less the number of credits or semesters for which the person received remission of fees from any other district board under this subsection and from the Board of Regents under s. 36.27 (3n) (b) and less the amount of any fees paid under 38 USC 3319, to any resident student who is also any of the following:

28,754d Section 754d. 38.24 (7) (bg) of the statutes is created to read:

38.24 (7) (bg) Before the district board may grant a remission of fees under par. (b), the district board shall require the resident student to apply to the payment of those fees all educational assistance to which the resident student is entitled under 38 USC 3319. This requirement applies notwithstanding the fact that the resident student may be entitled to educational assistance under 10 USC 16132a, 10 USC 16163a, or 38 USC 3500 to 3566 as well as under 38 USC 3319, unless the resident student has 12 months or less of eligibility remaining for educational assistance under 10 USC 16132a, 10 USC 16163a, or 38 USC 3500 to 3566.

28,754f Section 754f. 38.24 (7) (bm) of the statutes is created to read:

38.24 (7) (bm) 1. For a resident student who is entitled to educational assistance under 10 USC 16132a, 10 USC 16163a, or 38 USC 3500 to 3566 and under 38 USC 3319, if the amount of educational assistance, other than educational assistance for tuition, to which the resident student is entitled under 10 USC 16132a, 10 USC 16163a, or 38 USC 3500 to 3566 is greater than the amount of educational assistance, other than educational assistance for tuition, that the resident student received under 38 USC 3319 for an academic year , as determined by the higher educational aids board, in June of the academic year the higher educational aids board shall reimburse the resident student for the difference in those amounts of educational assistance, as calculated by the higher educational aids board, from the appropriation account under s. 20.235 (1) (fz). The higher educational aids board shall make that determination and calculation in consultation with the board and district board.

2. If in any fiscal year there are insufficient moneys available in the appropriation account under s. 20.235 (1) (fz) to provide full reimbursement under subd. 1. to all resident students who are eligible for that reimbursement, the higher educational aids board and the district board shall reimburse those resident students as provided in s. 39.50 (4).

28,755d Section 755d. 38.24 (8) (b) of the statutes is amended to read:

38.24 (8) (b) The Except as provided in par. (bg), the district board shall grant full remission of the fees charged under sub. (1m) (a) to (c) for 128 credits or 8 semesters, whichever is longer, less the number of credits or semesters for which the person received remission of fees from any other district board under this subsection and from the Board of Regents under s. 38.27 (3p) and less the amount of any fees paid under 10 USC 2107 (c) or, 38 USC 3104 (a) (7) (A), or 38 USC 3313, to any student who is a veteran.

28,756d Section 756d. 38.24 (8) (bg) of the statutes is created to read:

38.24 (8) (bg) Before the district board may grant a remission of fees under par. (b), the district board shall require the student to apply to the payment of those fees all educational assistance to which the student is entitled under 38 USC 3313. This requirement applies notwithstanding the fact that the student may be entitled to educational assistance under 10 USC 16131 to 16137, 10 USC 16161 to 16166, or 38 USC 3001 to 3036 as well as under 38 USC 3313, unless the student has 12 months or less of eligibility remaining for educational assistance under 10 USC 16131 to 16137, 10 USC 16161 to 16166, or 38 USC 3001 to 3036.

28,756f Section 756f. 38.24 (8) (bm) of the statutes is created to read:

38.24 (8) (bm) 1. For a student who is entitled to educational assistance under 10 USC 16131 to 16137, 10 USC 16161 to 16166, or 38 USC 3001 to 3036 and under 38 USC 3313, if the amount of educational assistance, other than educational assistance for tuition, to which the student is entitled under 10 USC 16131 to 161310 USC 16161 to 16166, or 38 USC 3001 to 3036 is greater than the amount of educational assistance, other than educational assistance for tuition, that the student received under 38 USC 3313 for an academic year , as determined by the higher educational aids board, in June of the academic year the higher educational aids board shall reimburse the student for the difference in those amounts of educational assistance, as calculated by the higher educational aids board, from the appropriation account under s. 20.235 (1) (fz). The higher educational aids board shall make that determination and calculation in consultation with the board and district board.

2. If in any fiscal year there are insufficient moneys available in the appropriation account under s. 20.235 (1) (fz) to provide full reimbursement under subd. 1. to all students who are eligible for that reimbursement, the higher educational aids board and the district board shall reimburse those students as provided in s. 39.50 (4).

28,758d Section 758d. 38.41 (2) (a) (intro.) and 1. of the statutes are consolidated, renumbered 38.41 (2) and amended to read:

38.41 (2) The board may award a grant to a district board to provide skills training or other education to a business if all of the following apply: 1. The the business is located in this state and satisfies any of the following criteria: a. The the applicant submits to the board an affidavit stating that the business has no more than 100 employees. b. The business or had no more than $10,000,000 in gross annual income in its most recent fiscal year.

28,758h Section 758h. 38.41 (2) (a) 2. to 6. of the statutes are repealed.

28,758k Section 758k. 38.41 (2) (b) of the statutes is repealed.

28,758L Section 758L. 38.41 (2) (c) of the statutes is repealed.

28,758p Section 758p. 38.41 (3) (b) of the statutes is repealed.

28,758t Section 758t. 38.41 (3) (c) of the statutes is amended to read:

38.41 (3) (c) The board may award no more than $500,000 in the 2007-08 fiscal year, and no more than $1,000,000 in any fiscal year thereafter, under sub. (2).

28,760d Section 760d. 39.435 (3) of the statutes is amended to read:

39.435 (3) Grants under sub. (1) shall not be less than $250 during any one academic year, unless the joint committee on finance approves an adjustment in the amount of the minimum grant. Grants under sub. (1) shall not exceed $3,000 during any one academic year, except that beginning in academic year 2009-10, grants under sub. (1) shall not exceed $3,150 during any one academic year. The board shall, by rule, establish a reporting system to periodically provide student economic data and shall promulgate other rules the board deems necessary to assure uniform administration of the program.

28,760g Section 760g. 39.435 (7) (a) 1. of the statutes is amended to read:

39.435 (7) (a) 1. For purposes of calculating the amount to be appropriated under s. 20.235 (1) (fe) for fiscal year 2009-10 2011-12, "base amount" means the amount shown in the schedule under s. 20.005 for that appropriation for fiscal year 2008-09 2010-11.

28,760i Section 760i. 39.435 (7) (a) 2. of the statutes is amended to read:

39.435 (7) (a) 2. For purposes of calculating the amount to be appropriated under s. 20.235 (1) (fe) for each fiscal year after fiscal year 2009-10 2011-12, "base amount" means the appropriation amount calculated under par. (b) for the previous fiscal year.

28,760k Section 760k. 39.435 (7) (b) (intro.) of the statutes is amended to read:

39.435 (7) (b) (intro.) Biennially, beginning on February 1, 2009 2011, the board shall calculate the amounts to be appropriated under s. 20.235 (1) (fe) for the next biennium as follows:

28,761 Section 761 . 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 appropriation appropriations under s. 20.235 (1) (fe) and (ke).

28,762 Section 762 . 39.435 (8) of the statutes, as affected by 2009 Wisconsin Act .... (this act), 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).

28,763 Section 763. 39.437 (1) of the statutes is amended to read:

39.437 (1) Establishment of grant program. There is established, to be administered by the board, with the assistance of the office of the Wisconsin Covenant Scholars Program in the department of administration as provided in subs. (2) (a) 2., (4), and (5), a Wisconsin Covenant Scholars Program to provide grants to students who meet the eligibility criteria specified in sub. (2).

28,764 Section 764. 39.437 (2) (a) of the statutes is renumbered 39.437 (2) (a) (intro.) and amended to read:

39.437 (2) (a) (intro.) Except as provided in par. (b), a student is eligible for a grant under this section if the student is meets all of the following criteria:

1. The student is a resident of this state and is enrolled at least half time and registered as a freshman, sophomore, junior, or senior in a public or private, nonprofit, accredited institution of higher education or in a tribally controlled college in this state.

28,765 Section 765. 39.437 (2) (a) 2. of the statutes is created to read:

39.437 (2) (a) 2. The student has been designated as a Wisconsin covenant scholar by the office of the Wisconsin Covenant Scholars Program in the department of administration.

28,766 Section 766. 39.437 (4) (a) of the statutes is amended to read:

39.437 (4) (a) By February 1 of each year, the Board of Regents of the University of Wisconsin System shall provide to the board office of the Wisconsin Covenant Scholars Program in the department of administration information relating to the resident undergraduate academic fees charged to attend each of the institutions within that system for the current academic year, the technical college system board shall provide to the board that office information relating to the fees under s. 38.24 (1m) (a) to (c) charged to attend each of the technical colleges within that system for the current academic year, and each tribally controlled college in this state shall provide to the board that office information relating to the tuition and fees charged to attend the tribal college for the current academic year, and the Wisconsin Association of Independent Colleges and Universities or a successor organization shall provide to that office information relating to tuition and fees charged to attend each of the private, nonprofit, accredited institutions of higher education in this state for the current academic year.

28,767 Section 767. 39.437 (4) (b) of the statutes is amended to read:

39.437 (4) (b) By April 1 of each year, the board office of the Wisconsin Covenant Scholars Program in the department of administration shall determine the average of the resident undergraduate academic fees charged for the current academic year among the institutions within the University of Wisconsin System, the average of the fees under s. 38.24 (1m) (a) to (c) charged for the current academic year among the technical colleges in this state, and the average of the tuition and fees charged for the current academic year among the tribally controlled colleges in this state, and the average of the tuition and fees charged for the current academic year among the private, nonprofit, accredited institutions of higher education in this state.

28,768 Section 768. 39.437 (4) (c) of the statutes is created to read:

39.437 (4) (c) To the extent permitted under 20 USC 1232g and 34 CFR part 99, the department of public instruction shall provide pupil information to the office of the Wisconsin Covenant Scholars Program in the department of administration as necessary for that office to fulfill its role in the administration of the grant program under this section.

28,769 Section 769. 39.437 (5) of the statutes is renumbered 39.437 (5) (intro.) and amended to read:

39.437 (5) Rules. (intro.) The board department of administration shall promulgate rules to implement this section, including rules all of the following:

(a) Rules establishing a reporting system to periodically provide student economic data and any.

(c) Any other rules the board department of administration considers necessary to assure the uniform administration of this section.

28,770 Section 770. 39.437 (5) (b) of the statutes is created to read:

39.437 (5) (b) Rules establishing eligibility criteria for designation as a Wisconsin covenant scholar under sub. (2) (a) 2.

28,770j Section 770j. 39.50 (3m) (title) of the statutes is amended to read:

39.50 (3m) (title) Prorated Remission of fees; prorated reimbursement.

28,770k Section 770k. 39.50 (4) of the statutes is created to read:

39.50 (4) Reimbursement of veterans and dependents; prorated reimbursement. In June of each fiscal year, the higher educational aids board shall determine the total amount of reimbursement due to students under ss. 36.27 (3n) (bm) 1. and (3p) (bm) 1. and 38.24 (7) (bm) 1. and (8) (bm) 1. If the moneys appropriated under s. 20.235 (1) (fz) are not sufficient to provide full reimbursement to those students, the higher educational aids board shall prorate the reimbursement paid to those students under ss. 36.27 (3n) (bm) 1. and (3p) (bm) 1. and 38.24 (7) (bm) 1. and (8) (bm) 1. in the proportion that the moneys available bears to the total amount eligible for reimbursement under ss. 36.27 (3n) (bm) 1. and (3p) (bm) 1. and 38.24 (7) (bm) 1. and (8) (bm) 1. If the higher educational aids board prorates reimbursement under this subsection, the Board of Regents shall reimburse a student who is eligible for reimbursement under s. 36.27 (3n) (bm) 1. or (3p) (bm) 1., and the appropriate technical college district board shall reimburse a student who is eligible for reimbursement under s. 38.24 (7) (bm) 1. or (8) (bm) 1., in an amount that is equal to the difference between the amount of reimbursement for which the student is eligible and the amount of reimbursement paid by the higher educational aids board.

28,771 Section 771. 40.02 (2m) of the statutes is amended to read:

40.02 (2m) "Alternate payee" means a former spouse or domestic partner of a participant who is named in a qualified domestic relations order as having a right to receive a portion of the benefits of the participant.

28,772 Section 772. 40.02 (8) (a) 2. of the statutes is amended to read:

40.02 (8) (a) 2. In the absence of a written designation of beneficiary, or if all designated beneficiaries who survive the decedent die before filing with the department a beneficiary designation applicable to that death benefit or an application for any death benefit payable, the person determined in the following sequence: group 1, surviving spouse or surviving domestic partner; group 2, children of the deceased participant, employee or annuitant, in equal shares, with the share of any deceased child payable to the issue of the child or, if there is no surviving issue of a deceased child, to the other eligible children in this group or, if deceased, their issue; group 3, parent, in equal shares if both survive; group 4, brother and sister in equal shares and the issue of any deceased brother or sister. The shares payable to the issue of a person shall be determined per stirpes. No payment may be made to a person included in any group if there is a living person in any preceding group, and s. 854.04 (6) shall not apply to a determination under this subsection.

28,772r Section 772r. 40.02 (17) (intro.) of the statutes is amended to read:

40.02 (17) (intro.) "Creditable service" means the creditable current and prior service, expressed in years and fractions of a year to the nearest one-hundredth, for which a participating employee receives or is considered to receive earnings under sub. (22) (e), (ef), or (em) and for which contributions have been made as required by s. 40.05 (1) and (2) and creditable military service, service credited under s. 40.285 (2) (b) and service credited under s. 40.29, expressed in years and fractions of years to the nearest one-hundredth. How much service in any annual earnings period is the full-time equivalent of one year of creditable service shall be determined by rule by the department and the rules may provide for differing equivalents for different types of employment. Except as provided under s. 40.285 (2) (e) and (f), the amount of creditable service for periods prior to January 1, 1982, shall be the amount for which the participant was eligible under the applicable laws and rules in effect prior to January 1, 1982. No more than one year of creditable service shall be granted for any annual earnings period. Creditable service is determined in the following manner for the following persons:

28,773 Section 773. 40.02 (20) of the statutes is amended to read:

40.02 (20) "Dependent" means the spouse, domestic partner, minor child, including stepchildren of the current marriage or domestic partnership dependent on the employee for support and maintenance, or child of any age, including stepchildren of the current marriage or domestic partnership, if handicapped to an extent requiring continued dependence. For group insurance purposes only, the department may promulgate rules with a different definition of "dependent" than the one otherwise provided in this subsection for each group insurance plan.

28,774 Section 774. 40.02 (21c) of the statutes is created to read:

40.02 (21c) "Domestic partner" means an individual in a domestic partnership.

28,775 Section 775. 40.02 (21d) of the statutes is created to read:

40.02 (21d) "Domestic partnership" means a relationship between 2 individuals that satisfies all of the following:

(a) Each individual is at least 18 years old and otherwise competent to enter into a contract.

(b) Neither individual is married to, or in a domestic partnership with, another individual.

(d) The 2 individuals consider themselves to be members of each other's immediate family.

(e) The 2 individuals agree to be responsible for each other's basic living expenses.

(f) The 2 individuals share a common residence. Two individuals may share a common residence even if any of the following applies:

1. Only one of the individuals has legal ownership of the residence.