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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 667
November 14, 2023 - Introduced by Representatives MELOTIK, MOSES, CALLAHAN,
DITTRICH, GUNDRUM, ORTIZ-VELEZ and BINSFELD, cosponsored by Senators
FELZKOWSKI, COWLES, TAYLOR, TESTIN and NASS. Referred to Committee on
Health, Aging and Long-Term Care.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 38.28 (1m) (a) 1.; and to create 38.34 of the statutes; relating
to: funding for technical college oral health care programs.
Analysis by the Legislative Reference Bureau
This bill specifies that the Joint Committee on Finance may provide up to
$20,000,000 in funding in the 2023-25 fiscal biennium, from the JCF supplemental
appropriation, for technical college programs to expand the state's oral health care
workforce. The Technical College System Board, in coordination with the technical
colleges, may submit a request to JCF for this funding with a plan that identifies each
technical college that requests funding, the amount of funding requested, and a
detailed description of the eligible expenditures for which the funding would be used.
The bill defines “eligible expenditures” as 1) capital expenditures, such as
expenditures for equipment or facility improvements or expansion; 2) expenditures
for instructional supplies, teaching materials and resources, consumables, or clinic
fees; and 3) hiring bonuses of up to $5,000 for oral health care instructors if certain
requirements are satisfied. The plan must also include requests for 1) up to
$2,000,000 for Northcentral Technical College to expand current dental hygienist
and dental assistant programs and for development of a dental therapy program if
dental therapy becomes an authorized dental practice; 2) up to $1,430,000 for any
other technical college that offers a dental hygienist program; and 3) up to $1,000,000
for any technical college that offers no dental program or only a dental assistant
program, to create a new program or expand an existing program. However, the plan
may also include, for these technical colleges, requests for additional funding for
purposes consistent with the bill. The plan must include sufficient information for
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JCF to determine that 1) the requested funding will be used only for eligible
expenditures to expand a technical college's existing oral health care program that
has a capacity limit and a current waiting list or to create a new oral health care
program after a finding of demonstrated community interest in and need for the
program; and 2) the technical college will provide 20 percent matching funding,
except that the technical college must provide no less than 50 percent matching
funding for instructor hiring bonuses.
Under the bill, if JCF approves the plan (as proposed or as modified), JCF
provides funding to the TCS Board. The TCS Board then reimburses each technical
college for its eligible expenditures under the approved plan if the TCS Board finds
the technical college complied with the requirements in the bill. If a technical college
has not requested reimbursement from the TCS Board within 12 months after JCF
approves the plan or if the technical college informs the TCS Board that it will not
implement the program changes described in the approved plan, the TCS Board may
submit a request to JCF to redistribute the funds allocated for that technical college
to another technical college to be used for a purpose consistent with the bill. The
request must include certain information and is submitted to JCF for approval under
a 14-day passive review process.
The bill also requires a report to the legislature that includes the amount of
funding each technical college received, a detailed description of all expenditures for
which the funding was used, and the impact of the funding on the technical college's
oral health care programs.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 38.28 (1m) (a) 1. of the statutes is amended to read:
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,
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38.34, 38.38, and 38.42, all fees collected under s. 38.24, and driver education and
chauffeur training aids.
SECTION 2. 38.34 of the statutes is created to read:
38.34 Funding to expand the oral health care workforce. (1) In this
section, “eligible expenditures” means any of the following:
(a) Capital expenditures, such as expenditures for equipment or facility
improvements or expansion.
(b) Expenditures for instructional supplies, teaching materials and resources,
consumables, or clinic fees.
(c) Instructor bonuses if the requirements in sub. (3) are satisfied.
(2) (a) In the 2023-25 fiscal biennium, the board, in coordination with district
boards, may submit to the joint committee on finance a request for funding in the
2023-25 fiscal biennium, in a total amount not exceeding $20,000,000, for district
board programs to expand the state's oral health care workforce. Subject to par. (b)
and sub. (5), the request for funding shall include a plan that identifies each district
board that requests funding, the amount of funding the district board requests, and
a detailed description of the eligible expenditures for which the requested funding
would be used.
(b) The plan under par. (a) shall include requests for all of the following:
1. For the district board of Northcentral Technical College, up to $2,000,000 to
expand current dental hygienist and dental assistant programs and for development
of a dental therapy program if dental therapy becomes an authorized dental practice.
2. For any district board that offers a dental hygienist program on the effective
date of this subdivision .... [LRB inserts date], other than the district board of
Northcentral Technical College, up to $1,430,000.
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3. For any district board that offers no dental program or only a dental assistant
program on the effective date of this subdivision .... [LRB inserts date], up to
$1,000,000 to create a new program or expand the existing program.
(c) The requirement under par. (b) does not preclude a request for funding in
the plan of any additional amount for a district board for a purpose permissible under
sub. (5).
(3) (a) Funding provided by the board to a district board under this section may
be used to pay newly hired instructors a hiring bonus not exceeding $5,000 per
instructor if all of the following apply:
1. The instructor is hired into a position that is at least a 0.5 full-time
equivalent position.
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 an oral health care program.
3. The district board provides matching funding for the bonus in an amount
equal to or greater than the amount of the funds provided under this subsection.
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.
5. The district board commits to pay the retention bonus under sub. (4), from
funds other than the grant awarded under this section, if the conditions in sub. (4)
are satisfied.
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].
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(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:
a. All of the bonus if the term of employment was less than one year.
b. Two-thirds of the bonus if the term of employment was at least one year but
less than 2 years.
c. One-third of the bonus if the term of employment was at least 2 years but
less than 3 years.
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 an oral health care 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.
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.
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.
(c) An instructor who is simultaneously employed by 2 district boards may not
receive more than one bonus under this subsection.
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(4) The district board shall pay to an instructor who receives a hiring bonus
under sub. (3) a retention bonus in the amount of $5,000 if, 5 years after the date the
bonus under sub. (3) was paid, the instructor remains employed by the district board
in a position that meets the requirements under sub. (3) (a) 1. and 2.
(5) The plan under sub. (2) shall include sufficient information for the joint
committee on finance to determine that, for each district board program for which
funding is requested, all of the following requirements are satisfied:
(a) Funding will be used only for eligible expenditures to expand a district
board's existing oral health care program that has a capacity limit and a current
waiting list for program admission or to create a new oral health care program
offered by the district board after the district board's finding of demonstrated
community interest in and need for the program.
(b) Except as provided in sub. (3) (a) 3., the district board will provide matching
funding, from sources other than this section, of at least 20 percent of the amount
requested in the plan to pay costs associated with the district board's new or
expanded oral health care program.
(6) If the joint committee on finance determines that the requirements in subs.
(2) and (5) are satisfied, the joint committee on finance may approve the plan and
request for funding, as proposed or as modified.
(7) Upon approval under sub. (6), the joint committee on finance may provide
funding from the appropriation under s. 20.865 (4) (a), in an amount determined by
the joint committee on finance but not exceeding a total of $20,000,000, to the board
for distribution to the applicable district boards as provided in the approved plan.
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(8) (a) From the funding received under sub. (7), the board shall reimburse each
district board for its eligible expenditures under the approved plan if the board finds
the district board complied with the requirements under this section.
(b) If a district board has not requested reimbursement from the board within
12 months after the joint committee on finance approves the plan or if the district
board informs the board that it will not implement the program changes described
in the approved plan, the board may submit a request to the joint committee on
finance to redistribute the funds allocated for that district board to another district
board to be used for a purpose consistent with this section. The request shall identify
each district board to which funding is to be reallocated and the amount to be
reallocated to each, along with a detailed description of the eligible expenditures for
which the reallocated funding would be used. The request shall also include the
same information that was required under sub. (5) for the original plan.
(c) If, within 14 working days after receiving the request under par. (b), the
cochairpersons of the joint committee on finance do not notify the board that the
committee has scheduled a meeting for the purpose of reviewing the request, the
request is considered approved and the board may implement the reallocation of
funding proposed in the request. If, within 14 working days after the date of the
request, the cochairpersons of the committee notify the board that the committee has
scheduled a meeting for the purpose of reviewing the request, the request is approved
only upon the committee's express approval, as requested or as modified.
(d) From reallocated funding approved under par. (c), the board shall reimburse
a district board for its approved eligible expenditures if the board finds the district
board complied with the requirements under this section.
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(9) Not later than January 1, 2026, a district board that receives funding under
this section shall report to the board the amount of funding the district board
received, a detailed description of all expenditures for which the funding was used,
and the impact of the funding on the district board's oral health care programs. Not
later than March 1, 2026, the board shall 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 this information received from the district boards.
(END)
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