AB571: Bill Text

AB571,14,23 111.70 (4) (cm) 7r. `Other factors Factors considered.' (intro.) In making any decision under the arbitration procedures authorized by this paragraph, the arbitrator or arbitration panel shall also give weight to the following factors:

AB571, s. 28 Section 28. 111.70 (4) (cm) 8m. a. and c. of the statutes are consolidated, renumbered 111.70 (4) (cm) 8m. and amended to read:

AB571,15,14 111.70 (4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for the initial collective bargaining agreement between the parties and except as the parties otherwise agree, every collective bargaining agreement covering municipal employees subject to this paragraph other than school district professional employees shall be for a term of 2 years. No, but in no case may a collective bargaining agreement for any collective bargaining unit consisting of municipal employees subject to this paragraph other than school district professional employees shall be for a term exceeding 3 years. c. No arbitration award may contain a provision for reopening of negotiations during the term of a collective bargaining agreement, unless both parties agree to such a provision. The requirement for agreement by both parties does not apply to a provision for reopening of negotiations with respect to any portion of an agreement that is declared invalid by a court or administrative agency or rendered invalid by the enactment of a law or promulgation of a federal regulation.

AB571, s. 29 Section 29. 111.70 (4) (cm) 8m. b. of the statutes is repealed.

AB571, s. 30 Section 30. 111.70 (4) (cm) 8p. of the statutes is repealed.

AB571, s. 31 Section 31. 111.70 (4) (cm) 8s. of the statutes is amended to read:

AB571,16,14 111.70 (4) (cm) 8s. `Forms for determining costs.' The commission shall prescribe forms for calculating the total increased cost to the municipal employer of compensation and fringe benefits provided to school district professional employees. The cost shall be determined based upon the total cost of compensation and fringe benefits provided to school district professional employees who are represented by a labor organization on the 90th day before expiration of any previous collective bargaining agreement between the parties, or who were so represented if the effective date is retroactive, or the 90th day prior to commencement of negotiations if there is no previous collective bargaining agreement between the parties, without regard to any change in the number, rank, or qualifications of the school district professional employees. For purposes of such determinations, any cost increase that is incurred on any day other than the beginning of the 12-month period commencing with the effective date of the agreement or any succeeding 12-month period commencing on the anniversary of that effective date shall be calculated as if the cost increase were incurred as of the beginning of the 12-month period beginning on the effective date or anniversary of the effective date in which the cost increase is incurred. In each collective bargaining unit to which subd. 5s. applies, the municipal employer shall transmit to the commission and the labor organization a completed form for calculating the total increased cost to the municipal employer of compensation and fringe benefits provided to the school district professional employees covered by the agreement as soon as possible after the effective date of the agreement.

AB571, s. 32 Section 32. 111.70 (4) (cn) of the statutes is repealed.

AB571, s. 33 Section 33. 111.70 (4) (d) 2. a. of the statutes is amended to read:

AB571,17,20 111.70 (4) (d) 2. a. The commission shall determine the appropriate collective bargaining unit for the purpose of collective bargaining and shall whenever possible, unless otherwise required under this subchapter, avoid fragmentation by maintaining as few collective bargaining units as practicable in keeping with the size of the total municipal work force. In making such a determination, the commission may decide whether, in a particular case, the municipal employees in the same or several departments, divisions, institutions, crafts, professions, or other occupational groupings constitute a collective bargaining unit. Before making its determination, the commission may provide an opportunity for the municipal employees concerned to determine, by secret ballot, whether or not they desire to be established as a separate collective bargaining unit. The commission shall not decide, however, that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both municipal employees who are school district professional employees and municipal employees who are not school district professional employees. The commission shall not decide , however, that any other group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both professional employees and nonprofessional employees, unless a majority of the professional employees vote for inclusion in the unit. The commission shall not decide that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both craft employees and noncraft employees unless a majority of the craft employees vote for inclusion in the unit. The commission shall place the professional employees who are assigned to perform any services at a charter school, as defined in s. 115.001 (1), in a separate collective bargaining unit from a unit that includes any other professional employees whenever at least 30% of those professional employees request an election to be held to determine that issue and a majority of the professional employees at the charter school who cast votes in the election decide to be represented in a separate collective bargaining unit. Any vote taken under this subsection shall be by secret ballot.

AB571, s. 34 Section 34. 115.34 (3) of the statutes is created to read:

AB571,17,23 115.34 (3) The department may not make any payments under this section after June 30, 2004.

AB571, s. 35 Section 35. 115.341 (3) of the statutes is created to read:

AB571,18,2 115.341 (3) The department may not make any payments under this section after June 30, 2004.

AB571, s. 36 Section 36. 115.343 (6) of the statutes is created to read:

AB571,18,5 115.343 (6) The department may not make any payments under this section after June 30, 2004.

AB571, s. 37 Section 37. 115.345 (10) of the statutes is created to read:

AB571,18,8 115.345 (10) The department may not make any payments under this section after June 30, 2004.

AB571, s. 38 Section 38. 115.36 (4) of the statutes is created to read:

AB571,18,11 115.36 (4) The department may not make any payments under this section after June 30, 2004.

AB571, s. 39 Section 39. 115.361 (3) of the statutes is created to read:

AB571,18,14 115.361 (3) The department may not make any payments under this section after June 30, 2004.

AB571, s. 40 Section 40. 115.366 (3) of the statutes is created to read:

AB571,18,17 115.366 (3) The department may not make any payments under this section after June 30, 2004.

AB571, s. 41 Section 41. 115.405 (4) of the statutes is created to read:

AB571,18,20 115.405 (4) The department may not make any payments under this section after June 30, 2004.

AB571, s. 42 Section 42. 115.42 (5) of the statutes is created to read:

AB571,18,23 115.42 (5) The department may not make any payments under this section after June 30, 2004.

AB571, s. 43 Section 43. 115.43 (3) of the statutes is created to read:

AB571,19,2 115.43 (3) Termination of scholarships. The department may not make any payments under this section after June 30, 2004.

AB571, s. 44 Section 44. 115.435 (4) of the statutes is created to read:

AB571,19,5 115.435 (4) The department may not make any payments under this section after June 30, 2004.

AB571, s. 45 Section 45. 115.45 (11) of the statutes is created to read:

AB571,19,8 115.45 (11) The department may not make any payments under this section after June 30, 2004.

AB571, s. 46 Section 46. 115.88 (10) of the statutes is created to read:

AB571,19,11 115.88 (10) Termination of state aid. The department may not make any payments under this section after June 30, 2004.

AB571, s. 47 Section 47. 115.93 of the statutes is amended to read:

AB571,19,22 115.93 State aid. If upon receipt of the reports under s. 115.92 (2) the state superintendent is satisfied that the school age parents program has been maintained during the preceding school year in accordance with the rules under s. 115.92 (3), the state superintendent shall certify to the department of administration in favor of each school district maintaining the program a sum equal to the amount expended by the school district during the preceding school year for salaries of teachers and instructional aides, special transportation and other expenses approved by the state superintendent as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b). The department may not make any payments under this section after June 30, 2004.

AB571, s. 48 Section 48. 115.995 (3) of the statutes is created to read:

AB571,19,25 115.995 (3) The department may not make any payments under this section after June 30, 2004.

AB571, s. 49 Section 49. 116.08 (6) of the statutes is created to read:

AB571,20,3 116.08 (6) The department may not make any payments under this section after June 30, 2004.

AB571, s. 50 Section 50. 118.153 (8) of the statutes is created to read:

AB571,20,6 118.153 (8) The department may not make any payments under this section after June 30, 2004.

AB571, s. 51 Section 51. 118.255 (4) of the statutes is amended to read:

AB571,20,18 118.255 (4) If the state superintendent is satisfied that the health treatment services program has been maintained during the preceding school year in accordance with law, the state superintendent shall certify to the department of administration in favor of each school board, cooperative educational service agency and county children with disabilities education board maintaining such health treatment services, an amount equal to the amount expended for items listed in s. 115.88 (1m) by the school board, cooperative educational service agency and county children with disabilities education board during the preceding year for these health treatment services as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b). The department may not make any payments under this subsection after June 30, 2004.

AB571, s. 52 Section 52. 118.43 (9) of the statutes is created to read:

AB571,20,21 118.43 (9) Termination of state aid. The department may not make any payments under this section after June 30, 2004.

AB571, s. 53 Section 53. 118.51 (16) (b) of the statutes is amended to read:

AB571,21,2 118.51 (16) (b) 1. If the number determined in par. (a) 1. is greater than the number determined in par. (a) 2. for a school district, the department shall increase that school district's state aid payment under s. 121.08 121.085 by an amount equal to the difference multiplied by the amount determined under par. (a) 3.

AB571,21,12 2. If the number determined in par. (a) 1. is less than the number determined in par. (a) 2. for a school district, the department shall decrease that school district's state aid payment under s. 121.08 121.085 by an amount equal to the difference multiplied by the amount determined under par. (a) 3. If the state aid payment under s. 121.08 121.085 is insufficient to cover the reduction, the department shall decrease other state aid payments made by the department to the school district by the remaining amount. If the state aid payment under s. 121.08 121.085 and other state aid payments made by the department to the school district are insufficient to cover the reduction, the department shall use the moneys appropriated under s. 20.255 (2) (cg) to pay the balance to school districts under subd. 1.

AB571, s. 54 Section 54. 118.51 (16) (d) of the statutes is amended to read:

AB571,21,16 118.51 (16) (d) The department shall ensure that the aid adjustment under par. (b) does not affect the amount determined to be received by a school district as state aid under s. 121.08 121.085 for any other purpose.

AB571, s. 55 Section 55. 120.145 of the statutes is created to read:

AB571,21,20 120.145 School tax levy. (1) Notwithstanding ss. 119.46, 120.10 (6) to (8), (10m), and (11), and 120.12 (3), beginning in 2004, a school board may not levy a tax at a rate that exceeds 3 mills except as follows:

AB571,21,23 (a) The levy rate may exceed 3 mills for the purpose of paying the principal and interest on debt outstanding on the effective date of this paragraph .... [revisor inserts date].

AB571,22,3 (b) The levy rate may exceed 3 mills if the department approves a higher levy rate for the school district. The department may approve a higher levy rate only for emergencies, as defined by the department by rule.

AB571,22,5 (2) The school board may not use revenue from the tax levy to fund employee salaries or benefits.

AB571, s. 56 Section 56. 121.08 (1) (intro.) of the statutes is amended to read:

AB571,22,8 121.08 (1) (intro.) The In the 2002-03 school year and the 2003-04 school year, the state shall pay to the school district the sum of the following amounts:

AB571, s. 57 Section 57. 121.08 (4) (a) (intro.), 2., 3. and (b) of the statutes, as affected by 2003 Wisconsin Act 33, are amended to read:

AB571,22,13 121.08 (4) (a) (intro.) The amount of state aid that a school district is eligible to be paid from the appropriations under s. 20.255 (2) (ac) and (r) and (t) shall be reduced by the amount determined as follows:

AB571,22,16 2. Divide the sum under subd. 1. by the total amount of state aid that all school districts are eligible to be paid from the appropriations under s. 20.255 (2) (ac) and (r) and (t), calculated as if the reduction under par. (b) had not occurred.

AB571,22,19 3. Multiply the amount of state aid that the school district is eligible to be paid from the appropriations under s. 20.255 (2) (ac) and (r) and (t), calculated as if the reduction under par. (b) had not occurred, by the quotient under subd. 2.

AB571,22,23 (b) The amount of state aid that the school district operating under ch. 119 is eligible to be paid from the appropriations under s. 20.255 (2) (ac) and (r) and (t) shall also be reduced by 45% of the amounts paid under s. 119.23 (4) and (4m) in the current school year.

AB571, s. 58 Section 58. 121.085 of the statutes is created to read:

AB571,22,25 121.085 School aid. (1) In this section:

AB571,23,2 (a) "Average membership" means the average membership of the 3 school years out of the 5 preceding school years that have the highest membership.

AB571,23,6 (b) "Educational cost" means the total cost of instruction and instructional support services that is attributable to pupils who reside in the school district, less transportation costs, facility acquisition costs, food and community service costs, and costs funded by any grant other than a state grant, as determined by the department.

AB571,23,9 (c) "Rate of increase" means the percentage rate that, when applied annually for 20 years, results in an aid payment in the 2023-24 school year of $19,000 per pupil under sub. (2).

AB571,23,12 (2) (a) In the 2004-05 school year, the department shall pay to each school district, from the appropriations under s. 20.255 (2) (r) and (t), the amount determined as follows:

AB571,23,16 1. Divide the educational cost in the previous school year by the membership in the 2003-04 school year, except that if the membership in the 2003-04 school year is less than the membership in the 2002-03 school year, divide the educational cost in the previous school year by the average membership.

AB571,23,18 2. Multiply the quotient under subd. 1. by the sum of 1.0 plus the rate of increase expressed as a decimal.

AB571,23,22 3. Multiply the product under subd. 2. by the membership in the 2003-04 school year, except that if the membership in the 2003-04 school year is less than the membership in the 2002-03 school year, multiplying the product under subd. 2. by the average membership.

AB571,23,25 (b) Beginning in the 2005-06 school year and ending in the 2023-24 school year, the department shall pay to each school district, from the appropriations under s. 20.255 (2) (r) and (t), the amount determined as follows:

AB571,24,3 1. Divide the amount received under this subsection in the previous school year by the membership or average membership used to determine aid under this subsection in the previous school year.

AB571,24,5 2. Multiply the quotient under subd. 1. by the sum of 1.0 plus the rate of increase expressed as a decimal.

AB571,24,9 3. Multiply the product under subd. 2. by the membership in the previous school year, except that if the membership in the previous school year is less than the membership in the second previous school year, multiplying the product under subd. 2. by the average membership.

AB571,24,16 (3) A school district that has an unanticipated increase in the costs of providing special education under subch. V of ch. 115 may apply to the department for additional state aid. If, after paying aid under sub. (2), the department determines that funds are available in the appropriation under s. 20.255 (2) (r) or (t) and that additional aid is justified, the department shall pay the additional aid from the appropriation under s. 20.255 (2) (r) or (t). The department's determinations are final and may not be appealed.

AB571, s. 59 Section 59. 121.086 of the statutes is created to read:

AB571,24,19 121.086 Aid for capital expenditures. (1) In this section, "board" means the school building projects board.

AB571,24,23 (2) Notwithstanding s. 67.05 (6a) (a) 2., a school board may not issue a bond under s. 67.05 (6a) to finance a capital project unless it adopts a resolution to do so by the affirmative vote of at least three-fourths of its members. If the school board adopts such a resolution, it may apply to the board for state aid for the project.

AB571,25,2 (3) The board shall review the application submitted under sub. (2) and shall provide state aid to the school district for that portion of the project determined by the board to satisfy an educational need in the school district. The amount of aid to be paid to the school district under this section shall be determined as follows:

AB571,25,6 (a) Determine the percentage of the school district's shared cost that was paid through general equalization aid under s. 121.08 in the previous school year, or that would have been paid under that section in the previous school year if aid were paid under that section in the previous school year.

AB571,25,9 (b) Multiply the portion of the project's cost determined by the board to satisfy an educational need in the school district by the percentage under par. (a) or by 10 percent, whichever is greater.

AB571,25,11 (4) Aid under this section shall be paid from the appropriation under s. 20.255 (2) (t).

AB571, s. 60 Section 60. 121.09 (1) and (2) of the statutes are amended to read:

AB571,26,7 121.09 State aid adjustment; redetermination of assessment. (1) If, on or after July 1, 1980, but before the effective date of this subsection .... [revisor inserts date], the tax appeals commission or a court makes a final redetermination on the assessment of property subject to taxation under s. 70.995 that is lower than the previous assessment, or if, on or after January 1, 1982, but before the effective date of this subsection .... [revisor inserts date], the state board of assessors makes a final redetermination on the assessment of property subject to taxation under s. 70.995 that is lower than the previous assessment, the school board of the school district in which the property is located may, within 4 years after the date of the determination, decision, or judgment, file the determination of the state board of assessors, the decision of the tax appeals commission, or the judgment of the court with the state superintendent, requesting an adjustment in state aid to the school district. If the state superintendent determines that the determination, decision, or judgment is final and that it has been filed within the 4-year period, the state shall pay to the school district in the subsequent fiscal year, from the appropriation under s. 20.255 (2) (ac) (t), an amount equal to the difference between the state aid computed under s. 121.08 for the school year commencing after the year subject to the valuation recertification, using the school district's equalized valuation as originally certified, and the state aid computed under s. 121.08 for that school year using the school district's equalized valuation as recertified under s. 70.57 (2).

AB571,26,20 (2) If, on or after May 3, 1984, but before the effective date of this subsection .... [revisor inserts date], the state board of assessors, the tax appeals commission or a court makes a final redetermination on the assessment of property subject to taxation under s. 70.995 that is higher than the previous assessment, the state superintendent shall notify the school district in which the property is located of the recertification by the department of revenue under s. 70.57 (2). The state superintendent shall, in the subsequent fiscal year, withhold from the school district's state aid entitlement under s. 121.08 121.085 an amount equal to the difference between the state aid computed under s. 121.08 for the school year commencing after the year subject to the valuation recertification, using the school district's equalized valuation as originally certified, and the state aid computed under s. 121.08 for that school year, using the school district's equalized valuation as recertified under s. 70.57 (2).