Amendment ASA2-AB43

AB43-ASA2,386 Section 386. 106.27 (1j) (ac) of the statutes is created to read:

AB43-ASA2,339,23 106.27 (1j) (ac) Of the amounts appropriated under s. 20.445 (1) (b), the department shall, in the 2023-25 fiscal biennium, allocate $975,800 in each fiscal year for grants to the department of corrections to support instructor costs for the mobile classrooms described under par. (a).

AB43-ASA2,387 Section 387. 110.07 (2m) of the statutes is amended to read:

AB43-ASA2,340,12 110.07 (2m) In addition to the primary powers granted by subs. (1) and (2), any officer of the state traffic patrol shall have the powers of a peace officer under s. 59.28, except that the officer shall have the arrest powers of a law enforcement officer under s. 968.07, regardless of whether the violation is punishable by forfeiture or criminal penalty. A state traffic officer shall at all times be available as a witness for the state but may not conduct investigations for crimes under chs. 939 to 948 other than crimes relating to the use or operation of vehicles. The primary duty of a state traffic officer shall be the enforcement of chs. 340 to 351 or of any other law relating to the use or operation of vehicles upon the highway. No state traffic officer shall be used in or take part in any dispute or controversy between employer or employee concerning wages, hours, labor or working conditions; nor shall any such officer be required to serve civil process.

AB43-ASA2,340,15 (3m) The department shall maintain a dignitary protection unit and may assign state traffic officers to safeguard state officers, including justices of the supreme court, or other persons.

AB43-ASA2,388 Section 388. 115.28 (28) of the statutes is created to read:

AB43-ASA2,340,19 115.28 (28) Recollection Wisconsin. Annually distribute the amount appropriated under s. 20.255 (3) (s) to Wisconsin Library Services, Inc., to support the digitization of historic materials in public libraries throughout the state.

AB43-ASA2,389 Section 389. 115.367 (1) of the statutes is amended to read:

AB43-ASA2,341,3 115.367 (1) Grant program. The department shall establish and administer a competitive program to award grants to school boards and operators of charter schools under s. 118.40 (2r) or (2x) for the purpose of collaborating with community mental health agencies providers to provide mental health services to pupils. School boards and operators of charter schools under s. 118.40 (2r) and (2x) may apply for a grant under this section individually or as a consortium of school boards, charter schools, or both. For purposes of this subsection, a “consortium of school boards” includes a cooperative educational service agency.

AB43-ASA2,390 Section 390. 115.367 (1m) of the statutes is created to read:

AB43-ASA2,341,8 115.367 (1m) Grant amount. Beginning in the 2023-24 school year and in each school year thereafter, the department shall award a grant under this section to each school board and operator of a charter school established under s. 118.40 (2r) or (2x), from the appropriation under s. 20.255 (2) (dt), in an amount determined as follows:

AB43-ASA2,341,11 (a) Add the total number of pupils enrolled, as defined in s. 115.437 (1), in school districts statewide to the total number of pupils attending charter schools established under s. 118.40 (2r) or (2x) statewide in the current school year.

AB43-ASA2,341,14 (b) Divide the number of pupils enrolled, as defined in s. 115.437 (1), in the school district or attending the charter school in the current school year by the sum under par. (a).

AB43-ASA2,341,16 (c) Multiply the quotient under par. (b) by the total amount appropriated under s. 20.255 (2) (dt) for the current school year.

AB43-ASA2,391 Section 391. 115.367 (2) of the statutes is repealed.

AB43-ASA2,392 Section 392. 115.367 (3) of the statutes is repealed.

AB43-ASA2,393 Section 393. 115.45 (2) (b) of the statutes is amended to read:

AB43-ASA2,341,24 115.45 (2) (b) From the appropriation under s. 20.255 (2) (dr), the department shall award grants to eligible teams selected from the applicants under par. (a). Grant funds awarded under this section may be applied only towards allowable expenses. The department cannot award more than $5,000 to an eligible team more than $6,000 in a school year.

AB43-ASA2,394 Section 394 . 118.40 (2r) (e) 2p. a. of the statutes is amended to read:

AB43-ASA2,342,6 118.40 (2r) (e) 2p. a. Add the amounts appropriated in the current fiscal year under s. 20.255 (2), except s. 20.255 (2) (ac), (aw), (az), (bb), (dj), (du), (fm), (fp), (fq), (fr), (fu), (k), and (m); and s. 20.505 (4) (es); and the amount, as determined by the secretary of administration, of the appropriation under s. 20.505 (4) (s) allocated for payments to telecommunications providers under contracts with school districts and cooperative educational service agencies under s. 16.971 (13).

AB43-ASA2,395 Section 395 . 119.46 (1) of the statutes is amended to read:

AB43-ASA2,343,9 119.46 (1) As part of the budget transmitted annually to the common council under s. 119.16 (8) (b), the board shall report the amount of money required for the ensuing school year to operate all public schools in the city under this chapter, including the schools transferred to the superintendent of schools opportunity schools and partnership program under s. 119.33 and to the opportunity schools and partnership program under subch. II, to repair and keep in order school buildings and equipment, including school buildings and equipment transferred to the superintendent of schools opportunity schools and partnership program under s. 119.33 and to the opportunity schools and partnership program under subch. II, to make material improvements to school property, and to purchase necessary additions to school sites. The report shall specify the amount of net proceeds from the sale or lease of city-owned property used for school purposes deposited in the immediately preceding school year into the school operations fund as specified under s. 119.60 (2m) (c) or (5) and the net proceeds from the sale of an eligible school building deposited in the immediately preceding school year into the school operations fund as specified under s. 119.61 (5). The amount included in the report for the purpose of supporting the Milwaukee Parental Choice Program under s. 119.23 shall be reduced by the amount of aid received by the board under s. 121.136 and by the amount specified in the notice received by the board under s. 121.137 (2). The common council shall levy and collect a tax upon all the property subject to taxation in the city, which shall be equal to the amount of money required by the board for the purposes set forth in this subsection, at the same time and in the same manner as other taxes are levied and collected. Such taxes shall be in addition to all other taxes which the city is authorized to levy. The taxes so levied and collected, any other funds provided by law and placed at the disposal of the city for the same purposes, and the moneys deposited in the school operations fund under ss. 119.60 (1), (2m) (c), and (5) and 119.61 (5) shall constitute the school operations fund.

AB43-ASA2,396 Section 396. 121.136 of the statutes is repealed.

AB43-ASA2,397 Section 397. 121.58 (2) (a) 4. of the statutes is amended to read:

AB43-ASA2,343,16 121.58 (2) (a) 4. For each pupil so transported whose residence is more than 12 miles from the school attended, $300 per school year in the 2016-17 school year and $365 for the 2020-21 school year. The amount for each the 2021-22 school year and the 2022-23 school year thereafter is $375. The amount for each school year thereafter is $400.

AB43-ASA2,398 Section 398. 121.59 (2m) (a) of the statutes is renumbered 121.59 (2m), and 121.59 (2m) (intro.) and (b), as renumbered, are amended to read:

AB43-ASA2,343,24 121.59 (2m) (intro.) Beginning in the 2017-18 school year and in any school year thereafter, if a school district was eligible to receive aid under sub. (2) in the immediately preceding school year but is ineligible to receive aid in the current school year because the number under sub. (2) (d) is not a positive number, the state superintendent shall, subject to par. (b), pay to that school district the amount determined as follows:

AB43-ASA2,343,25 (b) Multiply the amount under subd. 1. par. (a) by 0.5.

AB43-ASA2,399 Section 399. 121.59 (2m) (b) of the statutes is repealed.

AB43-ASA2,400 Section 400 . 121.90 (2) (am) 1. of the statutes is amended to read:

AB43-ASA2,344,5 121.90 (2) (am) 1. Aid under ss. 121.08, 121.09, and 121.105, and 121.136 and subch. VI, as calculated for the current school year on October 15 under s. 121.15 (4) and including adjustments made under s. 121.15 (4).

AB43-ASA2,401 Section 401. 121.90 (2) (bm) 3. of the statutes is repealed.

AB43-ASA2,402 Section 402. 121.905 (3) (c) 9. of the statutes is created to read:

AB43-ASA2,344,9 121.905 (3) (c) 9. For the limit for the 2023-24 school year and the 2024-25 school year, add $325 to the result under par. (b).

AB43-ASA2,403 Section 403. 121.91 (2m) (j) (intro.) of the statutes is amended to read:

AB43-ASA2,344,14 121.91 (2m) (j) (intro.) Notwithstanding par. (i) and except as provided in subs. (3), (4), and (8), a school district cannot increase its revenues for the 2020-21 school year, the 2023-24 school year, and the 2024-25 school year to an amount that exceeds the amount calculated as follows:

AB43-ASA2,404 Section 404. 121.91 (2m) (j) 2m. of the statutes is created to read:

AB43-ASA2,344,17 121.91 (2m) (j) 2m. In the 2023-24 school year and the 2024-25 school year, add $146.

AB43-ASA2,405 Section 405. 121.91 (2m) (j) 3. of the statutes is amended to read:

AB43-ASA2,344,21 121.91 (2m) (j) 3. Multiply the result under subd. 2. or 2m., whichever is applicable, by the average of the number of pupils enrolled in the current school year and the 2 preceding school years.

AB43-ASA2,406 Section 406. 121.91 (2m) (r) 1. b. of the statutes is amended to read:

AB43-ASA2,345,9 121.91 (2m) (r) 1. b. Add an amount equal to the amount of revenue increase per pupil allowed under this subsection for the previous school year multiplied by the sum of 1.0 plus the allowable rate of increase under s. 73.0305 expressed as a decimal to the result under subd. 1. a., except that in calculating the limit for the 2013-14 school year and the 2014-15 school year, add $75 to the result under subd. 1. a., in calculating the limit for the 2019-20 school year, add $175 to the result under subd. 1. a., and in calculating the limit for the 2020-21 school year, add $179 to the result under subd. 1. a., and in calculating the limit for the 2023-24 school year and the 2024-25 school year, add $325 to the result under subd. 1. a. In the 2015-16 to 2018-19 school years, the 2021-22 school year, the 2022-23 school year, the 2025-26 school year, and any school year thereafter, make no adjustment to the result under subd. 1. a.

AB43-ASA2,407 Section 407. 121.91 (2m) (s) 1. b. of the statutes is amended to read:

AB43-ASA2,345,22 121.91 (2m) (s) 1. b. Add an amount equal to the amount of revenue increase per pupil allowed under this subsection for the previous school year multiplied by the sum of 1.0 plus the allowable rate of increase under s. 73.0305 expressed as a decimal to the result under subd. 1. a., except that in calculating the limit for the 2013-14 school year and the 2014-15 school year, add $75 to the result under subd. 1. a., in calculating the limit for the 2019-20 school year, add $175 to the result under subd. 1. a., and in calculating the limit for the 2020-21 school year, add $179 to the result under subd. 1. a., and in calculating the limit for the 2023-24 school year and the 2024-25 school year, add $325 to the result under subd. 1. a. In the 2015-16 to 2018-19 school years, the 2021-22 school year, the 2022-23 school year, the 2025-26 school year, and any school year thereafter, make no adjustment to the result under subd. 1. a.

AB43-ASA2,408 Section 408. 121.91 (2m) (t) 1. (intro.) of the statutes is amended to read:

AB43-ASA2,346,5 121.91 (2m) (t) 1. (intro.) If 2 or more school districts are consolidated under s. 117.08 or 117.09, in the 2019-20 school year, the consolidated school district's revenue limit shall be determined as provided under par. (im), in the 2020-21 school year, 2023-24 school year, or 2024-25 school year, the consolidated school district's revenue limit shall be determined as provided under par. (j), and in each school year thereafter, the consolidated school district's revenue limit shall be determined as provided under par. (i), except as follows:

AB43-ASA2,409 Section 409 . 139.32 (5) of the statutes is amended to read:

AB43-ASA2,346,9 139.32 (5) Manufacturers, bonded direct marketers, and distributors who are authorized by the department to purchase tax stamps shall receive a discount of 0.8 1.25 percent of the tax paid on stamp purchases.

AB43-ASA2,410 Section 410. 145.20 (5) (a) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

AB43-ASA2,346,25 145.20 (5) (a) The department shall establish a maintenance program to be administered by governmental units responsible for the regulation of private on-site wastewater treatment systems. The department shall determine the private on-site wastewater treatment systems to which the maintenance program applies. At a minimum the maintenance program is applicable to all new or replacement private on-site wastewater treatment systems constructed in a governmental unit after the date on which the governmental unit adopts this program. The department may apply the maintenance program by rule to private on-site wastewater treatment systems constructed in a governmental unit responsible for the regulation of private on-site wastewater treatment systems on or before the date on which the governmental unit adopts the program. The department shall determine the private on-site wastewater treatment systems to which the maintenance program applies in governmental units that do not meet the conditions for eligibility under s. 145.246 (8).

AB43-ASA2,411 Section 411 . 145.20 (5) (a) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

AB43-ASA2,347,16 145.20 (5) (a) The department shall establish a maintenance program to be administered by governmental units responsible for the regulation of private on-site wastewater treatment systems. The department shall determine the private on-site wastewater treatment systems to which the maintenance program applies. At a minimum the maintenance program is applicable to all new or replacement private on-site wastewater treatment systems constructed in a governmental unit after the date on which the governmental unit adopts this program. The department may apply the maintenance program by rule to private on-site wastewater treatment systems constructed in a governmental unit responsible for the regulation of private on-site wastewater treatment systems on or before the date on which the governmental unit adopts the program. The department shall determine the private on-site wastewater treatment systems to which the maintenance program applies in governmental units that do not meet the conditions for eligibility under s. 145.246 (8).

AB43-ASA2,412 Section 412. 145.20 (5) (am) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

AB43-ASA2,348,2 145.20 (5) (am) Each governmental unit responsible for the regulation of private on-site wastewater treatment systems shall adopt and begin the administration of the program established under par. (a) before October 1, 2019. As part of adopting and administering the program, the governmental unit shall conduct and maintain an inventory of all the private on-site wastewater treatment systems located in the governmental unit and shall complete the initial inventory before October 1, 2017. In order to be eligible for grant funding under s. 145.246, a governmental unit must comply with these deadlines.

AB43-ASA2,413 Section 413 . 145.20 (5) (am) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

AB43-ASA2,348,12 145.20 (5) (am) Each governmental unit responsible for the regulation of private on-site wastewater treatment systems shall adopt and begin the administration of the program established under par. (a) before October 1, 2019. As part of adopting and administering the program, the governmental unit shall conduct and maintain an inventory of all the private on-site wastewater treatment systems located in the governmental unit and shall complete the initial inventory before October 1, 2017. In order to be eligible for grant funding under s. 145.246, a governmental unit must comply with these deadlines.

AB43-ASA2,414 Section 414. 145.246 of the statutes is created to read:

AB43-ASA2,348,15 145.246 Private on-site wastewater treatment system replacement or rehabilitation. (1) Definitions. In this section:

AB43-ASA2,348,16 (a) “Determination of failure" means any of the following:

AB43-ASA2,348,21 1. A determination that a private on-site wastewater treatment system is failing, according to the criteria under s. 145.01 (4m), based on an inspection of the private on-site wastewater treatment system by an employee of the state or a governmental unit who is certified to inspect private on-site wastewater treatment systems by the department.

AB43-ASA2,348,23 2. A written enforcement order issued under s. 145.02 (3) (f), 145.20 (2) (f), or 281.19 (2).

AB43-ASA2,348,25 3. A written enforcement order issued under s. 254.59 (1) by a governmental unit.

AB43-ASA2,349,3 (b) “Governmental unit" means a governmental unit responsible for the regulation of private on-site wastewater treatment systems. “Governmental unit" also includes a federally recognized American Indian tribe or band.

AB43-ASA2,349,7 (c) “Indian lands" means lands owned by the United States and held for the use or benefit of Indian tribes or bands or individual Indians and lands within the boundaries of a federally recognized reservation that are owned by Indian tribes or bands or individual Indians.

AB43-ASA2,349,10 (d) “Participating governmental unit" means a governmental unit which applies to the department for financial assistance under sub. (7) and which meets the conditions specified under sub. (8).

AB43-ASA2,349,12 (e) “Principal residence" means a residence which is occupied at least 51 percent of the year by the owner.

AB43-ASA2,349,15 (f) “Sewage" means the water-carried wastes created in and to be conducted away from residences, industrial establishments, and public buildings, as defined in s. 101.01 (12), with such surface water or groundwater as may be present.

AB43-ASA2,349,18 (g) “Small commercial establishment" means a commercial establishment or business place with a maximum daily waste water flow rate of less than 5,000 gallons per day.

AB43-ASA2,349,22 (2) Categories of failing private on-site wastewater treatment systems. For the purposes of this section, the department shall establish the category of each failing private on-site wastewater treatment system for which a grant application is submitted, as follows:

AB43-ASA2,349,24 (a) Category 1: failing private on-site wastewater treatment systems described in s. 145.01 (4m) (a) to (c).

AB43-ASA2,350,2 (b) Category 2: failing private on-site wastewater treatment systems described in s. 145.01 (4m) (d).

AB43-ASA2,350,4 (c) Category 3: failing private on-site wastewater treatment systems described in s. 145.01 (4m) (e).

AB43-ASA2,350,12 (3) Eligibility. (a) 1. A person is eligible for grant funds under this section if he or she owns a principal residence which is served by a category 1 or 2 failing private on-site wastewater treatment system, if the private on-site wastewater treatment system was installed before July 1, 1978, if the family income of the person does not exceed the income limitations under par. (c), if the amount of the grant determined under sub. (6) is at least $100, if the residence is not located in an area served by a sewer, and if determination of failure is made prior to the rehabilitation or replacement of the failing private on-site wastewater treatment system.

AB43-ASA2,350,19 2. A business is eligible for grant funds under this section if it owns a small commercial establishment which is served by a category 1 or 2 failing private on-site wastewater treatment system, if the private on-site wastewater treatment system was installed before July 1, 1978, if the gross revenue of the business does not exceed the limitation under par. (d), if the small commercial establishment is not located in an area served by a sewer, and if a determination of failure is made prior to the rehabilitation or replacement of the private on-site wastewater treatment system.

AB43-ASA2,350,25 3. A person who owns a principal residence or small commercial establishment which is served by a category 1 or 2 failing private on-site wastewater treatment system may submit an application for grant funds during the 3-year period after the determination of failure is made. Grant funds may be awarded after work is completed if rehabilitation or replacement of the system meets all requirements of this section and rules promulgated under this section.

AB43-ASA2,351,2 (b) Each principal residence or small commercial establishment may receive only one grant under this section.

AB43-ASA2,351,4 (c) 1. In order to be eligible for grant funds under this section, the annual family income of the person who owns the principal residence may not exceed $45,000.

AB43-ASA2,351,8 2. Except as provided under subd. 4., annual family income shall be based upon the federal adjusted gross income of the owner and the owner's spouse, if any, as computed for the taxable year prior to the year in which the determination of failure is made.

AB43-ASA2,351,12 3. In order to be eligible for grant funds under this section, a person shall submit a copy of the federal income tax returns upon which the determination of federal adjusted gross income under subd. 2. was made together with any application required by the governmental unit.

AB43-ASA2,351,19 4. A governmental unit may disregard the federal income tax return that is submitted under subd. 3. and may determine annual family income based upon satisfactory evidence of federal adjusted gross income or projected federal adjusted gross income of the owner and the owner's spouse in the current year. The department shall promulgate rules establishing criteria for determining what constitutes satisfactory evidence of federal adjusted gross income or projected federal adjusted gross income in a current year.

AB43-ASA2,351,22 (d) 1. In order to be eligible for grant funds under this section, the annual gross revenue of the business that owns the small commercial establishment may not exceed $362,500.

AB43-ASA2,352,2 2. Except as provided in subd. 4., annual gross revenue shall be based upon the gross revenue of the business for the taxable year prior to the year in which the determination of failure is made. The department shall promulgate rules establishing criteria for determining what constitutes satisfactory evidence of gross revenue in a prior taxable year.

AB43-ASA2,352,5 3. In order to be eligible for grant funds under this section, a business shall submit documentation required by the department under subd. 2. together with any application required by the governmental unit.

AB43-ASA2,352,11 4. A governmental unit may disregard the documentation of gross revenue for the taxable year prior to the year in which the determination of failure is made and may determine annual gross revenue based upon satisfactory evidence of gross revenue of the business in the current year. The department shall promulgate rules establishing criteria for determining what constitutes satisfactory evidence of gross revenue in a current year.

AB43-ASA2,352,13 (e) The department of revenue shall, upon request by the department, verify the income information submitted by an applicant or grant recipient.

AB43-ASA2,352,19 (4) Denial of application. (a) The department or a governmental unit shall deny a grant application under this section if the applicant or a person who would be directly benefited by the grant intentionally caused the conditions which resulted in a category 1 or 2 failing private on-site wastewater treatment system. The department or governmental unit shall notify the applicant in writing of a denial, including the reason for the denial.

AB43-ASA2,353,3 (b) The department shall notify a governmental unit if an individual's name appears on the statewide support lien docket under s. 49.854 (2) (b). The department or a governmental unit shall deny an application under this section if the name of the applicant or an individual who would be directly benefited by the grant appears on the statewide support lien docket under s. 49.854 (2) (b), unless the applicant or individual who would be benefited by the grant provides to the department or governmental unit a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

AB43-ASA2,353,9 (5) Use of funds. (a) Except for grants under par. (b), funds available under a grant under this section shall be applied to the rehabilitation or replacement of the private on-site wastewater treatment system. An existing private on-site wastewater treatment system may be replaced by an alternative private on-site wastewater treatment system or by a system serving more than one principal residence.

AB43-ASA2,353,12 (b) Funds available under a grant under this section for experimental private on-site wastewater treatment systems shall be applied to the installation and monitoring of the experimental private on-site wastewater treatment systems.