2011 Wisconsin Act 32

32,1015v Section 1015v. 36.58 (5) of the statutes is repealed.

32,1015x Section 1015x. 36.585 of the statutes is created to read:

36.585 Telecommunications and information technology services. (1) In this section:

(a) "Telecommunications services" includes data and voice over Internet protocol services, Internet protocol services, broadband access and transport, information technology services, Internet access services, and unlit fiber.

(b) "Third-party entity" means a company, corporation, nonprofit association, joint venture, cooperative, partnership, or consortium.

(3) (a) Except as provided in par. (b), beginning July 1, 2013, the board may not be, and shall ensure that no institution or college campus is and that the extension is not, a member, shareholder, or partner in or with any third-party entity or other person that offers, resells, or provides telecommunications services to the general public or to any public or private entity unless at least one of the following applies:

1. The third-party entity or other person does not offer, resell, or provide telecommunications services that it did not offer, resell, or provide on June 15, 2011, and the third-party entity or other person does not offer, resell, or provide telecommunications services to a private entity, to the general public, or to a public entity other than a university or a university-affiliated research facility or a facility approved by the joint committee on finance under sub. (4), that the third-party entity was not serving on June 15, 2011.

2. The third-party entity or other person is comprised entirely of universities and university-affiliated research facilities.

(b) The joint committee on finance may by majority vote postpone the prohibition under par. (a).

(4) Beginning June 15, 2011, the board may not commit, and shall ensure that no institution or college campus or the extension, commits, any funds received from the National Telecommunications and Information Administration in the federal department of commerce related to the Building Community Capacity Through Broadband Project grant awarded to the extension to any facilities to which such funds were not committed prior to June 15, 2011, without the approval of the joint committee on finance.

32,1016g Section 1016g. 36.60 (3) (b) of the statutes is amended to read:

36.60 (3) (b) The agreement shall specify that the responsibility of the board to make the payments under the agreement is subject to the availability of funds in the appropriations amount of funds transferred to the board under s. 20.505 (8) (hm) 6r., the contributions received and penalties assessed by the board, and the appropriation under s. 20.285 (1) (jc), (ks), and (qj).

32,1016k Section 1016k. 36.60 (5) (a) of the statutes is amended to read:

36.60 (5) (a) The obligation of the board to make payments under an agreement entered into under sub. (3) (b) is subject to the availability of funds in the appropriations amount of funds transferred to the board under s. 20.505 (8) (hm) 6r., the contributions received and penalties assessed by the board, and the appropriation under s. 20.285 (1) (jc), (ks), and (qj).

32,1016n Section 1016n. 36.60 (5) (b) (intro.) of the statutes is amended to read:

36.60 (5) (b) (intro.) If the cost of repaying the loans of all eligible applicants, when added to the cost of loan repayments scheduled under existing agreements, exceeds the total amount in the appropriations of funds transferred to the board under s. 20.505 (8) (hm) 6r., the contributions received and penalties assessed by the board, and the appropriation under s. 20.285 (1) (jc), (ks), and (qj), the board shall establish priorities among the eligible applicants based upon the following considerations:

32,1016p Section 1016p. 36.60 (6) of the statutes is amended to read:

36.60 (6) Local participation. The board shall encourage contributions to the program under this section by counties, cities, villages, and towns. Funds received under this subsection shall be deposited in the appropriation under s. 20.285 (1) (jc).

32,1016r Section 1016r. 36.60 (6m) (a) of the statutes is renumbered 36.60 (6m).

32,1016t Section 1016t. 36.60 (6m) (b) of the statutes is repealed.

32,1016w Section 1016w. 36.61 (3) (b) of the statutes is amended to read:

36.61 (3) (b) The agreement shall specify that the responsibility of the board to make the payments under the agreement is subject to the availability of funds in the appropriations amount of funds transferred to the board under s. 20.505 (8) (hm) 6r., the contributions received and penalties assessed by the board, and the appropriation under s. 20.285 (1) (jc), (ks), and (qj).

32,1016y Section 1016y. 36.61 (5) (a) of the statutes is amended to read:

36.61 (5) (a) The obligation of the board to make payments under an agreement entered into under sub. (3) is subject to the availability of funds in the appropriations amount of funds transferred to the board under s. 20.505 (8) (hm) 6r., the contributions received and penalties assessed by the board, and the appropriation under s. 20.285 (1) (jc), (ks), and (qj).

32,1017d Section 1017d. 36.61 (5) (b) (intro.) of the statutes is amended to read:

36.61 (5) (b) (intro.) If the cost of repaying the loans of all eligible applicants, when added to the cost of loan repayments scheduled under existing agreements, exceeds the total amount in the appropriations of funds transferred to the board under s. 20.505 (8) (hm) 6r., the contributions received and penalties assessed by the board, and the appropriation under s. 20.285 (1) (jc), (ks), and (qj), the board shall establish priorities among the eligible applicants based upon the following considerations:

32,1017g Section 1017g. 36.61 (6) of the statutes is amended to read:

36.61 (6) Local participation. The board shall encourage contributions to the program under this section by counties, cities, villages and towns. Funds received under this subsection shall be credited to the appropriation account under s. 20.285 (1) (jc).

32,1017i Section 1017i. 36.61 (6m) (a) of the statutes is renumbered 36.61 (6m).

32,1017k Section 1017k. 36.61 (6m) (b) of the statutes is repealed.

32,1017m Section 1017m. 36.65 of the statutes is created to read:

36.65 Annual reports. (1) Definition. In this section, "chancellor" means the chancellor of the University of Wisconsin-Madison.

(2) Reports. Annually, the board and the chancellor shall each submit an accountability report to the governor and to the legislature under s. 13.172 (2). The reports shall include all of the following information, the board's report with respect to the system other than the University of Wisconsin-Madison, and the chancellor's report with respect to the University of Wisconsin-Madison:

(a) Performance. The graduation rate, the total number of graduates, the time needed to graduate, the number of credits needed to obtain a degree, retention rates, placement of graduates, and the percentage of residents and nonresidents who reside in this state 10 years after graduation.

(b) Financial. Financial reports from each institution and each college campus, prepared using generally accepted accounting principles.

(c) Access and affordability. A profile of enrolled students, including mean per capita family income, the percentage of resident and nonresident students who are low-income, the percentage of resident and nonresident students who are members of minority groups, the number of transfers from other institutions and other colleges within this state, the published cost for resident students and the actual cost for resident students once financial aid is subtracted, and increases in available institutional financial aid for students with a demonstrated need.

(d) Undergraduate education. The extent of access to required courses and to popular majors, the majors offered, improvements in overall student experience, efforts to close the achievement gap between majority and underrepresented minority students, and post-graduation success.

(e) Graduate and professional education. The number of graduate degrees awarded; the number of professional graduates in key areas, including physicians, nurses, business, engineers, pharmacists, veterinarians, and lawyers; and incentives provided for remaining in this state after graduation.

(f) Faculty. A profile of the faculty, including faculty teaching loads, success or failure in recruiting and retaining scholars, and teachers who are rated at the top of their fields.

(g) Economic development. The amount and source of research funds and other new revenue brought into the state, the number of government contracts received, the number of research projects in progress or completed, the number of patents and licenses for system inventions, the number of new businesses created or spun off, the number of secondary businesses affiliated with the system or system-sponsored research projects, support provided to existing industries throughout the state, job growth from support to existing industries and new businesses, the number of jobs created in campus areas, the number of jobs created statewide, and a comparison of economic indicators for campus and other areas.

(h) Collaboration. Partnerships and collaborative relationships with system administration and institutions.

32,1088 Section 1088. 38.04 (1m) (b) (intro.) of the statutes is amended to read:

38.04 (1m) (b) (intro.) The board, in consultation with the department of commerce Wisconsin Economic Development Corporation, shall do all of the following for each economic development program administered by the board:

32,1089 Section 1089. 38.04 (4) (a) of the statutes is amended to read:

38.04 (4) (a) Except as provided in par. (ag), the The qualifications of educational personnel and the courses of study for each program offered in district schools shall be approved by the board. The board may charge the districts for the full costs associated with certification of educational personnel. Such certification expenses shall not be included in the district aidable cost.

32,1090 Section 1090. 38.04 (4) (ag) of the statutes is repealed.

32,1091 Section 1091. 38.04 (8) (a) of the statutes is amended to read:

38.04 (8) (a) In this subsection, "minority group member" has the meaning given in s. 560.036 16.287 (1) (f).

32,1092 Section 1092. 38.04 (10m) (title) of the statutes is amended to read:

38.04 (10m) (title) Economic development assistance coordination and reporting.

32,1093 Section 1093. 38.04 (10m) of the statutes is renumbered 38.04 (10m) (b) and amended to read:

38.04 (10m) (b) Annually, no later than October 1, the board shall submit to the joint legislative audit committee and to the appropriate standing committees of the legislature under s. 13.172 (3) a comprehensive report assessing economic development programs, as defined in sub. (1m) (a), administered by the board. The report shall include all of the information required under s. 560.01 (2) (am) 238.07 (2). The board shall collaborate with the department of commerce Wisconsin Economic Development Corporation to make readily accessible to the public on an Internet-based system the information required under this subsection.

32,1094 Section 1094. 38.04 (10m) (a) of the statutes is created to read:

38.04 (10m) (a) The board shall coordinate any economic development assistance with the Wisconsin Economic Development Corporation.

32,1094g Section 1094g. 38.15 (3) (e) of the statutes is created to read:

38.15 (3) (e) That portion of a capital expenditure funded with student housing payments for the purchase or construction, or the lease/purchase, of a student residence facility if the district board uses no revenue derived from its tax levy under s. 38.16, state aid received under s. 38.28, or fees and tuition collected under s. 38.24, for the purchase or construction, or the lease/purchase, of the student residence facility.

32,1095 Section 1095. 38.16 (3) of the statutes is created to read:

38.16 (3) (a) In this subsection:

1. "Department" means the department of revenue.

2. "Excess levy" means the amount by which a district board's tax levy exceeds the limit under par. (b).

3. "Tax levy" excludes taxes levied for the purpose of paying principal and interest on valid bonds and notes.

(b) Notwithstanding sub. (1), a district board's tax levy in 2011 and in 2012 may not exceed the greater of the following, except as provided in pars. (bg) and (br):

1. The district board's tax levy in 2010.

2. The amount generated using the mill rate used for the tax levy in 2010.

(bg) The limit otherwise applicable to a district board under par. (b) is increased by an amount equal to the amount of any refunded or rescinded property taxes paid by the district board in the year of the levy if the refunded or rescinded property taxes result in a redetermination of the district's equalized valuation by the department of revenue under s. 74.41.

(br) 1. If a district board wishes to exceed the limit under par. (b) otherwise applicable to the district in 2011 or 2012, it shall adopt a resolution supporting inclusion in the final district budget of an amount equal to the proposed excess levy. The resolution shall be filed as provided in s. 8.37. Within 10 days after adopting the resolution, the district board shall notify the board of the scheduled date of the referendum and submit a copy of the resolution to the board. The district board shall call a special referendum for the purpose of submitting the resolution to the electors of the district for approval or rejection. In lieu of a special referendum, the district board may specify that the referendum be held at the next succeeding spring primary or election or September primary or general election, if such election is to be held not sooner than 42 days after the filing of the resolution of the district board. The district board shall certify the results of the referendum to the board within 10 days after the referendum is held.

2. The district board shall publish type A, B, C, D, and E notices of the referendum under s. 10.01 (2). Notwithstanding s. 10.01 (2) (a), the type A notice shall include a statement of the amount of the excess levy specified in subd. 1. and a copy of the resolution under subd. 1. Section 5.01 (1) applies in the event of failure to comply with the notice requirements of this subdivision.

3. 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 government accountability board under ss. 5.64 (2) and 7.08 (1) (a). The question submitted shall be whether the limit under par. (b) may be exceeded by a specified amount. The limit otherwise applicable to the district under par. (b) is increased by the amount approved by a majority of those voting on the question.

(c) Except as provided in par. (d), if the board determines that a district board imposed an excess levy in 2011 or 2012, the board shall do all of the following:

1. Reduce the amount of state aid payments to the district board in the school year in which the district board imposed the excess levy by an amount equal to the amount of the excess levy.

2. Ensure that the amount of any reductions in state aid under subd. 1. lapses to the general fund.

3. Ensure that the amount of the excess levy is not included in determining the limit described under par. (b) for the district board for the following year.

4. Ensure that, if a district board's excess levy exceeds the amount of state aid that may be reduced under subd. 1., the excess amount is subtracted from state aid payments in the following years until the total amount of the excess levy is subtracted from the state aid payments.

(d) The department may issue a finding that a district board is not liable for a penalty that would otherwise be imposed under par. (c) if the department determines that the district board's excess levy is caused by one of the following clerical errors:

1. The department, through mistake or inadvertence, has assessed to any county or taxation district, in the current year or in the previous year, a greater or lesser valuation for any year than should have been assessed, causing the district board's levy to be erroneous in a way that directly causes an excess levy.

2. A taxation district clerk or a county clerk, through mistake or inadvertence in preparing or delivering the tax roll, causes a district board's levy to be erroneous in a way that directly causes an excess levy.

(e) Except as provided in par. (bg), a district board may not impose a tax levy at a rate greater than 1.5 mills on the full value of the taxable property of the district under this subsection.

32,1096 Section 1096. 38.22 (6) (e) of the statutes is repealed.

32,1096bg Section 1096bg. 38.22 (6) (f) of the statutes is amended 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) 1r.

32,1097g Section 1097g. 38.24 (7) (a) (intro.) of the statutes is amended to read:

38.24 (7) (a) (intro.) In this subsection, "eligible veteran" subsection:

1m. "Eligible veteran" means a person verified by the department of veterans affairs to be either of the following:

32,1097j Section 1097j. 38.24 (7) (a) 1. of the statutes is renumbered 38.24 (7) (a) 1m. a.

32,1097m Section 1097m. 38.24 (7) (a) 1p. of the statutes is created to read:

38.24 (7) (a) 1p. "Fees" means the amount charged to a resident student under sub. (1m) (a) to (c) to enroll in a course leading to an associate degree, collegiate transfer, or vocational diploma. In the case of a distance education, online, or other course for which the amount charged to enroll in the course equals at least 100 percent of the cost of offering the course, "fees" includes the regular fees charged to a resident student under sub. (1m) (a) to (c) to enroll in the course and any additional fees charged to that student under sub. (1m) (a) to (c) to enroll in that course.

32,1097p Section 1097p. 38.24 (7) (a) 2. of the statutes is renumbered 38.24 (7) (a) 1m. b. and amended to read:

38.24 (7) (a) 1m. b. A person who was a resident of this state at the time of entry into service described in subd. 1. 1m. a. and who the U.S. department of veteran affairs has awarded at least a 30 percent service-connected disability rating under 38 USC 1114 or 1134.

32,1098b Section 1098b. 38.24 (7) (b) (intro.) of the statutes is amended to read: