Amendment ASA1-AB40

AB40-ASA1,469,17 2. The amount generated using the mill rate used for the tax levy in 2010.

AB40-ASA1,469,22 (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 (b) is increased by an amount equal to the amount of any refunded or rescinded property taxes paid by the district board in the year of the levy if the refunded or rescinded property taxes result in a redetermination of the district's equalized valuation by the department of revenue under s. 74.41.

AB40-ASA1,470,10 (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.

AB40-ASA1,470,15 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.

AB40-ASA1,470,23 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.

AB40-ASA1,470,25 (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:

AB40-ASA1,471,3 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.

AB40-ASA1,471,5 2. Ensure that the amount of any reductions in state aid under subd. 1. lapses to the general fund.

AB40-ASA1,471,7 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.

AB40-ASA1,471,11 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.

AB40-ASA1,471,15 (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:

AB40-ASA1,471,19 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.

AB40-ASA1,471,22 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.

AB40-ASA1,471,25 (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.

AB40-ASA1, s. 1096 Section 1096. 38.22 (6) (e) of the statutes is repealed.

AB40-ASA1, s. 1096bg Section 1096bg. 38.22 (6) (f) of the statutes is amended to read:

AB40-ASA1,472,4 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.

AB40-ASA1, s. 1097g Section 1097g. 38.24 (7) (a) (intro.) of the statutes is amended to read:

AB40-ASA1,472,6 38.24 (7) (a) (intro.) In this subsection, "eligible veteran" subsection:

AB40-ASA1,472,8 1m. "Eligible veteran" means a person verified by the department of veterans affairs to be either of the following:

AB40-ASA1, s. 1097j Section 1097j. 38.24 (7) (a) 1. of the statutes is renumbered 38.24 (7) (a) 1m. a.

AB40-ASA1, s. 1097m Section 1097m. 38.24 (7) (a) 1p. of the statutes is created to read:

AB40-ASA1,472,18 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.

AB40-ASA1, s. 1097p Section 1097p. 38.24 (7) (a) 2. of the statutes is renumbered 38.24 (7) (a) 1m. b. and amended to read:

AB40-ASA1,472,24 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.

AB40-ASA1, s. 1098b Section 1098b. 38.24 (7) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,473,7 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:

AB40-ASA1, s. 1099b Section 1099b. 38.24 (7) (bg) of the statutes is amended to read:

AB40-ASA1,473,22 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. If that educational assistance covers 100 percent of those fees for a credit or semester, that credit or semester shall not count against the 128 credit or 8 semester limit provided in par. (b). If that educational assistance covers less than 100 percent of those fees for a credit or semester and the remission under par. (b) covers the remainder of those fees, the credit or semester shall count against that limit in the proportion that the remission bears to the total fees charged for that credit or semester. 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.

AB40-ASA1, s. 1099d Section 1099d. 38.24 (7) (c) of the statutes is amended to read:

AB40-ASA1,474,3 38.24 (7) (c) The higher educational aids board shall reimburse the district board for all fees under sub. (1m) (a) to (c) remitted under par. (b) as provided in s. 39.50 (2) and (3m).

AB40-ASA1, s. 1099g Section 1099g. 38.24 (8) (a) (intro.) of the statutes is amended to read:

AB40-ASA1,474,5 38.24 (8) (a) (intro.) In this subsection, "veteran" subsection:

AB40-ASA1,474,10 1r. "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:

AB40-ASA1, s. 1099i Section 1099i. 38.24 (8) (a) 1. of the statutes is renumbered 38.24 (8) (a) 1r. a. and amended to read:

AB40-ASA1,474,16 38.24 (8) (a) 1r. a. The person has served on active duty for at least one qualifying term of service under subds. 2. to 4. subd. 1r. b. to d. 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.

AB40-ASA1, s. 1099k Section 1099k. 38.24 (8) (a) 1g. of the statutes is created to read:

AB40-ASA1,474,18 38.24 (8) (a) 1g. "Fees" has the meaning given in sub. (7) (a) 1p.

AB40-ASA1, s. 1099p Section 1099p. 38.24 (8) (a) 2. of the statutes is renumbered 38.24 (8) (a) 1r. b.

AB40-ASA1, s. 1099r Section 1099r. 38.24 (8) (a) 3. of the statutes is renumbered 38.24 (8) (a) 1r. c.

AB40-ASA1, s. 1099t Section 1099t. 38.24 (8) (a) 4. of the statutes is renumbered 38.24 (8) (a) 1r. d.

AB40-ASA1, s. 1099v Section 1099v. 38.24 (8) (a) 5. of the statutes is renumbered 38.24 (8) (a) 1r. e.

AB40-ASA1, s. 1099y Section 1099y. 38.24 (8) (a) 6. of the statutes is renumbered 38.24 (8) (a) 1r. f.

AB40-ASA1, s. 1100b Section 1100b. 38.24 (8) (b) of the statutes is amended to read:

AB40-ASA1,475,12 38.24 (8) (b) 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. 36.27 (3p) and less the amount of any fees paid under 10 USC 2107 (c), 38 USC 3104 (a) (7) (A), or 38 USC 3313, to any student who is a veteran.

AB40-ASA1, s. 1101e Section 1101e. 38.24 (8) (bg) of the statutes is amended to read:

AB40-ASA1,476,2 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. If that educational assistance covers 100 percent of those fees for a credit or semester, that credit or semester shall not count against the 128 credit or 8 semester limit provided in par. (b). If that educational assistance covers less than 100 percent of those fees for a credit or semester and the remission under par. (b) covers the remainder of those fees, the credit or semester shall count against that limit in the proportion that the remission bears to the total fees charged for that credit or semester. 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.

AB40-ASA1, s. 1101g Section 1101g. 38.24 (8) (c) of the statutes is amended to read:

AB40-ASA1,476,6 38.24 (8) (c) The higher educational aids board shall reimburse the district board for all fees under sub. (1m) (a) to (c) remitted under par. (b) as provided in s. 39.50 (2) and (3m).

AB40-ASA1, s. 1102 Section 1102. 38.26 (1) of the statutes is amended to read:

AB40-ASA1,476,10 38.26 (1) In this section, "minority student" means a student enrolled in a district school who is a minority group member, as defined in s. 560.036 16.287 (1) (f).

AB40-ASA1, s. 1105n Section 1105n. 38.50 (12) (a) 1m. of the statutes is created to read:

AB40-ASA1,476,15 38.50 (12) (a) 1m. A person described in sub. (1) (e) 1. whose administrative headquarters and principal place of business is in the village of Union Grove that provides a residential facility located in that village to assist young adults with disabilities in transitioning from home and school to work and independent living.

AB40-ASA1, s. 1105v Section 1105v. 39.15 (1) (a) of the statutes is amended to read:

AB40-ASA1,476,20 39.15 (1) (a) One-third Two of the members of the board of trustees of the Medical College of Wisconsin, Inc., shall be nominated by the governor, and, with the advice and consent of the senate, appointed for staggered 6-year terms expiring on May 1 June 30.

AB40-ASA1, s. 1112 Section 1112. 39.40 (1) (c) of the statutes is amended to read:

AB40-ASA1,476,22 39.40 (1) (c) A Hispanic, as defined in s. 560.036 16.287 (1) (d).

AB40-ASA1, s. 1119 Section 1119. 39.435 (7) (a) 1. of the statutes is amended to read:

AB40-ASA1,477,2 39.435 (7) (a) 1. For purposes of calculating the amount to be appropriated under s. 20.235 (1) (fe) for fiscal year 2011-12 2013-14, "base amount" means the amount shown in the schedule under s. 20.005 for that appropriation for fiscal year 2010-11 2012-13.

AB40-ASA1, s. 1120 Section 1120. 39.435 (7) (a) 2. of the statutes is amended to read:

AB40-ASA1,477,7 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 2011-12 2013-14, "base amount" means the appropriation amount calculated under par. (b) for the previous fiscal year.

AB40-ASA1, s. 1121 Section 1121. 39.435 (7) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,477,11 39.435 (7) (b) (intro.) Biennially, beginning on February 1, 2011 2013, the board shall calculate the amounts to be appropriated under s. 20.235 (1) (fe) for the next biennium as follows:

AB40-ASA1, s. 1125 Section 1125. 39.437 (1) of the statutes is amended to read:

AB40-ASA1,477,17 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).

AB40-ASA1, s. 1126 Section 1126. 39.437 (2) (a) 2. of the statutes is amended to read:

AB40-ASA1,477,21 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 board.

AB40-ASA1, s. 1127 Section 1127. 39.437 (4) (a) of the statutes is amended to read:

AB40-ASA1,478,11 39.437 (4) (a) By February 1 of each year, the Board of Regents of the University of Wisconsin System shall provide to the office of the Wisconsin Covenant Scholars Program in the department of administration board 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 that office the board 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, each tribally controlled college in this state shall provide to that office the board 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 the board 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.

AB40-ASA1, s. 1128 Section 1128. 39.437 (4) (b) of the statutes is amended to read:

AB40-ASA1,478,22 39.437 (4) (b) By April 1 of each year, the office of the Wisconsin Covenant Scholars Program in the department of administration board 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, 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.

AB40-ASA1, s. 1129 Section 1129. 39.437 (4) (c) of the statutes is amended to read:

AB40-ASA1,479,3 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 board as necessary for that office to fulfill its role in the administration of the grant program under this section.

AB40-ASA1, s. 1130 Section 1130. 39.437 (5) (intro.) of the statutes is amended to read:

AB40-ASA1,479,6 39.437 (5) Rules. (intro.) The department of administration board shall promulgate rules to implement this section, including all of the following:

AB40-ASA1, s. 1131 Section 1131. 39.437 (5) (c) of the statutes is amended to read:

AB40-ASA1,479,9 39.437 (5) (c) Any other rules the department of administration board considers necessary to assure the uniform administration of this section.

AB40-ASA1, s. 1132 Section 1132. 39.437 (6) of the statutes is created to read:

AB40-ASA1,479,14 39.437 (6) Sunset. No student may enroll in the Wisconsin Covenant Scholars Program after September 30, 2011. After that date, the board may designate a student as a Wisconsin covenant scholar under sub. (2) (a) 2. only if the student enrolled in the Wisconsin Covenant Scholars Program by that date.

AB40-ASA1, s. 1133 Section 1133. 39.44 (1) (a) 3. of the statutes is amended to read:

AB40-ASA1,479,16 39.44 (1) (a) 3. Is a Hispanic, as defined in s. 560.036 16.287 (1) (d).

AB40-ASA1, s. 1134m Section 1134m. 39.50 (1) of the statutes is amended to read:

AB40-ASA1,480,4 39.50 (1) University of Wisconsin System. At the end of each semester, the Board of Regents of the University of Wisconsin System shall certify to the board the number of students enrolled in the University of Wisconsin System to whom any fees or nonresident tuition has been remitted under s. 36.27 (3n) or (3p), the number of credits for which those fees or that nonresident tuition has been remitted, and the amount of fees and nonresident tuition remitted. Subject to sub. (3m), if the board approves the information certified under this subsection, the board, from the appropriation account under s. 20.235 (1) (fz), shall reimburse the board of regents for the full amount of fees and nonresident tuition remitted. The board of regents shall credit any amounts received under this subsection to the appropriation under s. 20.285 (1) (k) and shall expend those amounts received for degree credit instruction.

AB40-ASA1, s. 1139 Section 1139. 40.02 (25) (b) 2c. of the statutes is amended to read:

AB40-ASA1,480,6 40.02 (25) (b) 2c. A state employee described in s. 49.825 (4) or (5) or 49.826 (4).

AB40-ASA1, s. 1139m Section 1139m. 40.02 (28) of the statutes is amended to read:

AB40-ASA1,480,17 40.02 (28) "Employer" means the state, including each state agency, any county, city, village, town, school district, other governmental unit or instrumentality of 2 or more units of government now existing or hereafter created within the state, any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, a local exposition district created under subch. II of ch. 229, a transit authority created under s. 66.1039, and a long-term care district created under s. 46.2895, except as provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local cultural arts district created under subch. V of ch. 229. Each employer shall be a separate legal jurisdiction for OASDHI purposes.

AB40-ASA1, s. 1139mb Section 1139mb. 40.02 (30) of the statutes is amended to read:

AB40-ASA1,481,4 40.02 (30) "Executive participating employee" means a participating employee in a position designated under s. 19.42 (10) (L) or 20.923 (4), (4g), (7), (8), or (9) or authorized under s. 230.08 (2) (e) during the time of employment, and also includes the president and vice presidents of the University of Wisconsin System and the chancellors and vice chancellors who are serving as deputies of all University of Wisconsin institutions, the University of Wisconsin Colleges, and the University of Wisconsin-Extension. All service credited prior to May 17, 1988, as executive service as defined under s. 40.02 (31), 1985 stats., shall continue to be treated as executive service as defined under s. 40.02 (31), 1985 stats., but no other service rendered prior to May 17, 1988, may be changed to executive service as defined under s. 40.02 (31), 1985 stats.