Amendment ASA1-AB549

LRBs0139/1

ARG:cjs

2023 - 2024 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 549

October 31, 2023 - Offered by Representative Michalski.

AB549-ASA1,1,4 An Act to repeal 20.292 (1) (fh); to amend 38.28 (1m) (a) 1.; and to create 20.292 (1) (fg), 20.292 (1) (fh) and 38.35 of the statutes; relating to: grants related to technical college manufacturing and truck driving programs and making an appropriation.

Analysis by the Legislative Reference Bureau

This bill requires the Technical College System Board to award grants in the 2023-25 fiscal biennium to technical colleges to support the recruitment and retention of instructors in manufacturing, advanced manufacturing, and truck driving programs. The bill requires the TCS Board to award grants to pay hiring bonuses to such instructors. A grant of up to $5,000 per instructor may fund a hiring bonus if 1) the instructor is hired into a position that is at least half-time to teach courses in manufacturing or advanced manufacturing or preparatory to issuance or upgrade of a commercial driver license; 2) the technical college provides at least an equal amount of matching funding for the bonus; and 3) the instructor agrees in writing to continue employment with the technical college for at least three years in a similar capacity. With exceptions, an instructor who fails to maintain employment for the three-year period must repay the bonus on a pro rata basis according to the actual duration of employment. If an instructor who received a hiring bonus remains employed with the technical college in a similar capacity five years later, the technical college must pay the instructor, from its own funds, a retention bonus of $5,000. A technical college that receives a grant award must report certain information related to the results of its instructor bonuses.

The bill also requires the TCS Board to award one-time grants of up to $1,000,000 to technical colleges to purchase manufacturing or advanced manufacturing equipment or to enhance facilities for manufacturing or advanced manufacturing instruction. A grant may be awarded only if the technical college provides at least an equal amount of matching funding, which may include in-kind contributions. A technical college awarded a grant must submit a report that includes information related to the grant and use of the grant proceeds.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB549-ASA1,1 Section 1 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB549-ASA1,2 Section 2. 20.292 (1) (fg) of the statutes is created to read:

AB549-ASA1,2,7 20.292 (1) (fg) Instructor recruitment and retention grants. Biennially, the amounts in the schedule for grants to technical college district boards under s. 38.35. No moneys may be encumbered or expended under this paragraph after June 30, 2025.

AB549-ASA1,3 Section 3. 20.292 (1) (fh) of the statutes is created to read:

AB549-ASA1,3,3 20.292 (1) (fh) Manufacturing capital improvement grants. Biennially, the amounts in the schedule for grants to technical college district boards under 2023 Wisconsin Act .... (this act), section 8 (1).

AB549-ASA1,4 Section 4. 20.292 (1) (fh) of the statutes, as created by 2023 Wisconsin Act .... (this act), is repealed.

AB549-ASA1,5 Section 5 . 38.28 (1m) (a) 1. of the statutes is amended to read:

AB549-ASA1,3,15 38.28 (1m) (a) 1. “District aidable cost" means the annual cost of operating a technical college district, including debt service charges for district bonds and promissory notes for building programs or capital equipment, but excluding all expenditures relating to auxiliary enterprises and community service programs, all expenditures funded by or reimbursed with federal revenues, all receipts under ss. 38.12 (9) and (14), 38.14 (3) and (9), and 118.15 (2) (a), all receipts from grants awarded under ss. 38.04 (8), (28), and (31), 38.14 (11), 38.26, 38.27, 38.31, 38.33, 38.35, 38.38, and 38.42 and 2023 Wisconsin Act .... (this act), section 8 (1), all fees collected under s. 38.24, and driver education and chauffeur training aids.

AB549-ASA1,6 Section 6 . 38.28 (1m) (a) 1. of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

AB549-ASA1,4,2 38.28 (1m) (a) 1. “District aidable cost" means the annual cost of operating a technical college district, including debt service charges for district bonds and promissory notes for building programs or capital equipment, but excluding all expenditures relating to auxiliary enterprises and community service programs, all expenditures funded by or reimbursed with federal revenues, all receipts under ss. 38.12 (9) and (14), 38.14 (3) and (9), and 118.15 (2) (a), all receipts from grants awarded under ss. 38.04 (8), (28), and (31), 38.14 (11), 38.26, 38.27, 38.31, 38.33, 38.35, 38.38, and 38.42 and 2023 Wisconsin Act .... (this act), section 8 (1), all fees collected under s. 38.24, and driver education and chauffeur training aids.

AB549-ASA1,7 Section 7. 38.35 of the statutes is created to read:

AB549-ASA1,4,8 38.35 Instructor recruitment and retention grants. (1) To support technical colleges in the recruitment and retention of instructors in manufacturing, advanced manufacturing, and commercial driver license programs, the board shall award grants to district boards in the 2023-25 fiscal biennium to pay instructor bonuses as provided in sub. (2).

AB549-ASA1,4,13 (2) (a) The board may award grants to district boards to pay newly-hired instructors a hiring bonus in the 2023-25 fiscal biennium. The amount of the board's grant to a district board to fund the hiring bonus may not exceed $5,000 per instructor. The district board may use the grant funds to pay a hiring bonus to an instructor only if all of the following apply:

AB549-ASA1,4,15 1. The instructor is hired into a position that is at least a 0.5 full-time equivalent position.

AB549-ASA1,4,19 2. The instructor's work responsibilities require the instructor to devote an amount of time at least equal to a 0.5 full-time equivalent position teaching courses in manufacturing or advanced manufacturing or preparatory to issuance or upgrade of a commercial driver license.

AB549-ASA1,4,21 3. The district board provides matching funding for the bonus in an amount equal to or greater than the grant amount.

AB549-ASA1,4,24 4. The instructor agrees in writing to continue employment with the district board for at least 3 years in a position that satisfies the requirements in subds. 1. and 2.

AB549-ASA1,5,3 5. The district board commits to pay the retention bonus under sub. (3), from funds other than the grant awarded under this section, if the conditions in sub. (3) are satisfied.

AB549-ASA1,5,6 6. The instructor was not employed by the district board, or by any other district board, at any time in the 75-day period immediately preceding the effective date of this subdivision .... [LRB inserts date].

AB549-ASA1,5,10 (b) 1. The agreement under par. (a) 4. shall specify that, except as provided in subds. 2. to 4., if the instructor discontinues employment with the district board less than 3 years after the instructor's first day of employment, the instructor is required to repay the hiring bonus as follows:

AB549-ASA1,5,11 a. All of the bonus if the term of employment was less than one year.

AB549-ASA1,5,13 b. Two-thirds of the bonus if the term of employment was at least one year but less than 2 years.

AB549-ASA1,5,15 c. One-third of the bonus if the term of employment was at least 2 years but less than 3 years.

AB549-ASA1,5,22 2. If the instructor discontinues employment with the district board to begin employment with a different district board, in a position that is at least a 0.5 full-time equivalent position, as an instructor in a manufacturing, advanced manufacturing, or commercial driver license program, the repayment requirement under subd. 1. does not apply and the 3-year period under par. (a) 4. continues in effect from the instructor's first day of employment with the district board that paid the hiring bonus.

AB549-ASA1,5,25 3. If a district board pays an instructor a hiring bonus under par. (a) and the instructor is terminated for cause less than 3 years after the instructor's first day of employment, the instructor is required to repay all of the bonus.

AB549-ASA1,6,4 4. If a district board pays an instructor a hiring bonus under par. (a) and the instructor is terminated for a reason other than cause, including as a result of budgetary constraints or program changes, the instructor is not required to repay the bonus.

AB549-ASA1,6,6 (c) An instructor who is simultaneously employed by 2 district boards may not receive more than one bonus under this subsection.

AB549-ASA1,6,10 (3) The district board shall pay to an instructor who receives a hiring bonus under sub. (2) a retention bonus in the amount of $5,000 if, 5 years after the date the bonus under sub. (2) was paid, the instructor remains employed by the district board in a position that meets the requirements under sub. (2) (a) 1. and 2.

AB549-ASA1,6,14 (4) (a) A district board that receives a grant under this section shall annually report to the board all of the following with respect to hiring bonuses paid under sub. (2) and retention bonuses paid under sub. (3), with the information categorized by type of bonus:

AB549-ASA1,6,15 1. How many bonuses the district board paid to instructors.

AB549-ASA1,6,17 2. Whether the instructor who received the bonus remains employed by the district board.

AB549-ASA1,6,21 3. If the instructor who received the bonus does not remain employed by the district board, how long after receiving the bonus the instructor's employment terminated and, if applicable, whether the instructor left employment with the district board to become employed by a different district board.

AB549-ASA1,6,24 (b) The board shall annually submit to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3) a report summarizing the information received by the board under par. (a).

AB549-ASA1,6,25 (c) No report under this subsection is required after July 1, 2030.

AB549-ASA1,7,2 (5) The board shall award grants under this section from the appropriation under s. 20.292 (1) (fg).

AB549-ASA1,8 Section 8 . Nonstatutory provisions.

AB549-ASA1,7,5 (1) Manufacturing and advanced manufacturing capital improvement grants.

AB549-ASA1,7,6 (a) In this section:

AB549-ASA1,7,7 1. “Board” has the meaning given in s. 38.01 (2).

AB549-ASA1,7,8 2. “District board” has the meaning given in s. 38.01 (6).

AB549-ASA1,7,18 (b) From the appropriation under s. 20.292 (1) (fh), in the 2023-25 fiscal biennium, the board shall award grants not exceeding $1,000,000 to district boards to purchase manufacturing or advanced manufacturing equipment or to enhance facilities for manufacturing or advanced manufacturing instruction. No grant may be made under this paragraph unless the district board provides matching funding for the equipment purchase or facility enhancement in an amount equal to or greater than the grant amount. For purposes of this paragraph, matching funding may be provided directly by the district board or indirectly through a 3rd-party donation and may include the dollar value of in-kind contributions of equipment or other property.

AB549-ASA1,7,21 (c) A district board awarded a grant under par. (b ) shall submit to the board, no later than 6 months after the grant is awarded, a report that includes all of the following information:

AB549-ASA1,7,24 1. The amount of the grant received, the amount of matching funds provided by the district board, including the value of any in-kind contributions, and the total project cost.

AB549-ASA1,8,2 2. A detailed description of all equipment purchases and facility enhancements funded with grant proceeds.