1999 Wisconsin Act 9

9,52 Section 52. 16.24 (title) and (1) of the statutes are renumbered 14.63 (title) and (1), and 14.63 (1) (b), as renumbered, is amended to read:

14.63 (1) (b) "Institution of higher education" means a public or private institution of higher education that is accredited by an accrediting association recognized by the department state treasurer, and a proprietary school approved by the educational approval board under s. 39.51 45.54.

9,53 Section 53. 16.24 (2) of the statutes is renumbered 14.63 (2), and 14.63 (2) (intro.) and (b), as renumbered, are amended to read:

14.63 (2) Weighted average tuition; tuition unit cost. (intro.) Annually, the department state treasurer and the board jointly shall determine all of the following:

(b) The price of a tuition unit, which shall be valid for a period determined jointly by the department state treasurer and the board. The price shall be sufficient to ensure the ability of the department state treasurer to meet its his or her obligations under this section. To the extent possible, the price shall be set so that the value of the tuition unit in the anticipated academic year of its use will be equal to 1% of the weighted average tuition for that academic year plus the costs of administering the program under this section attributable to the unit.

9,54 Section 54. 16.24 (3) of the statutes is renumbered 14.63 (3), and 14.63 (3) (a) (intro.) and (d), as renumbered, are amended to read:

14.63 (3) (a) (intro.) The department state treasurer shall contract with an individual, a trust or a legal guardian for the sale of tuition units to that individual, trust or legal guardian if all of the following apply:

(d) The department state treasurer shall promulgate rules authorizing a person who has entered into a contract under this subsection to change the beneficiary named in the contract.

9,55 Section 55. 16.24 (4) of the statutes is renumbered 14.63 (4) and amended to read:

14.63 (4) Number of tuition units purchased. A person who enters into a contract under sub. (3) may purchase tuition units at any time and in any number, except that the total number of tuition units purchased on behalf of a single beneficiary may not exceed the number necessary to pay for 4 years of full-time attendance, including mandatory student fees, as a resident undergraduate at the institution within the University of Wisconsin System that has the highest resident undergraduate tuition, as determined by the department state treasurer, in the anticipated academic years of their use.

9,56 Section 56. 16.24 (5) of the statutes is renumbered 14.63 (5), and 14.63 (5) (a) and (b) (intro.) and 2., as renumbered, are amended to read:

14.63 (5) (a) Except as provided in sub. (7m), if an individual named as beneficiary in a contract under sub. (3) attends an institution of higher education in the United States, each tuition unit purchased on his or her behalf entitles that beneficiary to apply toward the payment of tuition and mandatory student fees at the institution an amount equal to 1% of the anticipated weighted average tuition of bachelor's degree-granting institutions within the University of Wisconsin System for the year of attendance, as estimated under sub. (2) in the year in which the tuition unit was purchased.

(b) (intro.) Upon request by the beneficiary, the department state treasurer shall pay to the institution in each semester of attendance the lesser of the following:

2. An amount equal to the sum of the institution's tuition and mandatory student fees for that semester.

9,57 Section 57. 16.24 (6) of the statutes is renumbered 14.63 (6), and 14.63 (6) (a) 5. and (b), as renumbered, are amended to read:

14.63 (6) (a) 5. Other circumstances determined by the department state treasurer to be grounds for termination.

(b) The department state treasurer shall terminate a contract under sub. (3) if any of the tuition units purchased under the contract remain unused 10 years after the anticipated academic year of the beneficiary's initial enrollment in an institution of higher education, as specified in the contract.

9,58 Section 58. 16.24 (7) of the statutes is renumbered 14.63 (7), and 14.63 (7) (a) (intro.), 3., 4. and 5. and (b), as renumbered, are amended to read:

14.63 (7) (a) (intro.) Except as provided in sub. (7m), the department state treasurer shall do all of the following:

3. If a contract is terminated under sub. (6) (a) 4. or (b), refund to the person who entered into the contract an amount equal to 99% of the amount determined under subd. 2. If a contract is terminated under sub. (6) (a) 4., the department may not issue a refund for one year following receipt of the notice of termination and may not issue a refund of more than 100 tuition units in any year.

4. If a contract is terminated under sub. (6) (a) 5., refund to the person who entered into the contract the amount under subd. 2. or under subd. 3., as determined by the department state treasurer.

5. If the beneficiary is awarded a scholarship, tuition waiver or similar subsidy that cannot be converted into cash by the beneficiary, refund to the person who entered into the contract, upon the person's request, an amount equal to the value of the tuition units that are not needed because of the scholarship, waiver or similar subsidy and that would otherwise have been paid by the department state treasurer on behalf of the beneficiary during the semester in which the beneficiary is enrolled.

(b) Except as provided under par. (a) 3., the department The state treasurer shall determine the method and schedule for the payment of refunds under this subsection.

9,59 Section 59. 16.24 (7m) of the statutes is renumbered 14.63 (7m), and 14.63 (7m) (a) (intro.), (b) and (c), as renumbered, are amended to read:

14.63 (7m) (a) (intro.) The department state treasurer may adjust the value of a tuition unit based on the actual earnings attributable to the tuition unit less the costs of administering the program under this section that are attributable to the tuition unit if any of the following applies:

(b) The department state treasurer may not increase the value of a tuition unit under par. (a) to an amount that exceeds the value of a tuition unit that was purchased at a similar time, held for a similar period and used or refunded in the anticipated academic year of the beneficiary's attendance, as specified in the contract.

(c) The department state treasurer may promulgate rules imposing or increasing penalties for refunds under sub. (7) (a) if the department state treasurer determines that such rules are necessary to maintain the status of the program under this section as a qualified state tuition program under section 529 of the Internal Revenue Code, as defined in s. 71.01 (6).

9,60 Section 60. 16.24 (8) of the statutes is renumbered 14.63 (8) and amended to read:

14.63 (8) Exemption from garnishment, attachment and execution. Moneys deposited in the tuition trust fund and a beneficiary's right to the payment of tuition and mandatory student fees under this section are not subject to garnishment, attachment, execution or any other process of law.

9,61 Section 61. 16.24 (9) to (11) of the statutes are renumbered 14.63 (9) to (11), and 14.63 (9), (10), (10m) and (11) (b), as renumbered, are amended to read:

14.63 (9) Contract with actuary. The department state treasurer shall contract with an actuary or actuarial firm to evaluate annually whether the assets in the tuition trust fund are sufficient to meet the obligations of the department state treasurer under this section and to advise the department state treasurer on setting the price of a tuition unit under sub. (2) (b).

(10) Reports. (a) Annually, the department state treasurer shall submit a report to the governor, and to the appropriate standing committees of the legislature under s. 13.172 (3), on the program under this section. The report shall include any recommendations for changes to the program that the department state treasurer determines are necessary to ensure the sufficiency of the tuition trust fund to meet the department's state treasurer's obligations under this section.

(b) The department state treasurer shall submit a quarterly report to the state investment board projecting the future cash flow needs of the tuition trust fund. The state investment board shall invest moneys held in the tuition trust fund in investments with maturities and liquidity that are appropriate for the needs of the fund as reported by the department state treasurer in its his or her quarterly reports. All income derived from such investments shall be credited to the fund.

(10m) Repayment to general fund. The secretary of administration shall transfer from the tuition trust fund to the general fund an amount equal to the amount encumbered from the appropriation appropriations under s. 20.505 (9) (a), 1995 stats., and s. 20.585 (2) (a) when the secretary of administration determines that funds in the tuition trust fund are sufficient to make the transfer. The secretary of administration may make the transfer in instalments.

(11) (b) The requirements to pay tuition and mandatory student fees under sub. (5) and to make refunds under sub. (7) are subject to the availability of sufficient assets in the tuition trust fund.

9,62 Section 62. 16.24 (12) and (13) of the statutes are renumbered 14.63 (12) and (13), and 14.63 (12) (title), (a) (intro.) and (b) (intro.) and (13), as renumbered, are amended to read:

14.63 (12) (title) Additional department duties and powers of the state treasurer.

(a) (intro.) The department state treasurer shall do all of the following:

(b) (intro.) The department state treasurer may do any of the following:

(13) Program termination. If the department state treasurer determines that the program under this section is financially infeasible, the department state treasurer shall discontinue entering into tuition prepayment contracts under sub. (3) and discontinue selling tuition units under sub. (4).

9,64 Section 64. 16.339 (2) (a) of the statutes is amended to read:

16.339 (2) (a) From the appropriation under s. 20.505 (7) (dm), the department may award a grant that does not exceed $50,000 to an eligible applicant for the purpose of providing transitional housing and associated supportive services to homeless individuals and families if the conditions under par. (b) are satisfied. The department shall ensure that the funds for the grants are reasonably balanced among geographic areas of the state, consistent with the quality of applications submitted.

9,64g Section 64g. 16.366 (title), (1) and (2) of the statutes are renumbered 101.935 (title), (1) and (2), and 101.935 (2) (d) and (e), as renumbered, are amended to read:

101.935 (2) (d) A permit may not be issued under this subsection until all applicable fees have been paid. If the payment is by check or other draft drawn upon an account containing insufficient funds, the permit applicant shall, within 15 days after receipt of notice from the department of the insufficiency, pay by cashier's check or other certified draft, money order or cash the fees from to the department, late fees and processing charges that are specified by rules promulgated by the department. If the permit applicant fails to pay all applicable fees, late fees and the processing charges within 15 days after the applicant receives notice of the insufficiency, the permit is void. In an appeal concerning voiding of a permit under this paragraph, the burden is on the permit applicant to show that the entire applicable fees, late fees and processing charges have been paid. During any appeal process concerning a payment dispute, operation of the mobile home park in question is considered to be operation without a permit.

(e) Section 254.69 (2), as it applies to an agent for the department of health and family services in the administration of s. 254.47, applies to an agent for the department of administration commerce in the administration of this section.

9,64m Section 64m. 16.366 (2m) of the statutes is renumbered 101.935 (2m), and 101.935 (2m) (a) 1., as renumbered, is amended to read:

101.935 (2m) (a) 1. Upon completion of the construction of a new mobile home park.

9,64r Section 64r. 16.366 (3) of the statutes is renumbered 101.935 (3) and amended to read:

101.935 (3) The department may promulgate rules and issue orders to administer and enforce this section. A person who violates this section or a regulation or order under this section may be required to forfeit not less than $10 nor more than $250 for each offense. Each day of continued violation constitutes a separate offense.

9,65d Section 65d. 16.385 (7) of the statutes is amended to read:

16.385 (7) Individuals in state prisons or secured juvenile facilities. No payment under sub. (6) may be made to a prisoner who is imprisoned in a state prison under s. 302.01 or to a person placed at a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p).

9,65m Section 65m. 16.40 (20) of the statutes is created to read:

16.40 (20) Public debt service costs projection. Prepare in each odd-numbered year for inclusion in the report submitted by the building commission under s. 13.48 (7) a projection of the long-term trends in principal and interest costs on public debt contracted under subchs. I and IV of ch. 18 as a proportion of all tax revenues that are deposited or are expected to be deposited in the general fund. The projection shall take account of the recommendations adopted by the building commission for the long-range building program under s. 13.48 (7) for the succeeding fiscal biennium and all proposed general obligation bonding contained in the executive budget bill or bills, including bonding for the authorized state building program as well as for other borrowing purposes.

9,65r Section 65r. 16.40 (21) of the statutes is created to read:

16.40 (21) Administrative services provided to the board of commissioners of public lands. Render an accounting to the board of commissioners of public lands for the costs of all administrative services provided by the department and other state agencies, as defined in s. 20.001 (1), to the board. All moneys received from the board under s. 24.64 for the costs of administrative services provided by the department and other state agencies shall be deposited in the general fund.

9,70m Section 70m. 16.50 (5m) of the statutes is amended to read:

16.50 (5m) University indirect cost reimbursements. Subsections (2) to (5) do not apply to expenditures authorized under s. 20.285 (2) (i) 2.

9,78 Section 78. 16.54 (2) (a) 2. of the statutes is amended to read:

16.54 (2) (a) 2. Whenever a block grant is made to this state under any federal law enacted after August 31, 1995, which authorizes the distribution of block grants for the purposes for which the grant is made, the governor shall not administer and no board, commission or department may encumber or expend moneys received as a part of the grant unless the governor first notifies the cochairpersons of the joint committee on finance, in writing, that the grant has been made. The notice shall contain a description of the purposes proposed by the governor for expenditure of the moneys received as a part of the grant. If the cochairpersons of the committee do not notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed expenditure of grant moneys within 14 working days after the date of the governor's notification, the moneys may be expended as proposed by the governor. If, within 14 working days after the date of the governor's notification, the cochairpersons of the committee notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed expenditure of grant moneys, no moneys received as a part of the grant may be expended without the approval of the committee. This subdivision does not apply to the expenditure of block grant funds that are allocated under s. 49.175.

9,78t Section 78t. 16.54 (11m) of the statutes is created to read:

16.54 (11m) All moneys received by the state as national forest income under 16 USC 500 shall be distributed to school districts that contain national forest lands within their boundaries. The distribution to each school district shall reflect the proportion of national forest acreage located within the school district.

9,79 Section 79. 16.54 (12) of the statutes is created to read:

16.54 (12) (a) The department of health and family services may not expend or encumber any moneys received under s. 20.435 (8) (mm) unless the department of health and family services submits a plan for the expenditure of the moneys to the department of administration and the department of administration approves the plan.

(b) The department of workforce development may not expend or encumber any moneys received under s. 20.445 (3) (mm) unless the department of workforce development submits a plan for the expenditure of the moneys to the department of administration and the department of administration approves the plan.

(c) The department of administration may approve any plan submitted under par. (a) or (b) in whole or in part. If the department approves any such plan in whole or part, the department shall notify the cochairpersons of the joint committee on finance, in writing, of the department's action under this paragraph.

(d) At the end of each fiscal year, the department of administration shall determine the amount of moneys that remain in the appropriation accounts under ss. 20.435 (8) (mm) and 20.445 (3) (mm) that have not been approved for encumbrance or expenditure by the department pursuant to a plan submitted under par. (a) or (b) and shall require that such moneys be lapsed to the general fund. The department shall notify the cochairpersons of the joint committee on finance, in writing, of the department's action under this paragraph.

9,79e Section 79e. 16.54 (13) of the statutes is created to read:

16.54 (13) (a) If the state receives any interest payments from the federal government relating to the timing of expenditures by the state pursuant to a federal government grant program or federal government contract, the payments shall be credited to the general fund as general purpose revenue -- earned.

(b) If the state is required to pay any interest payments to the federal government relating to the timing of expenditures by the state pursuant to a federal government grant program or federal government contract, the secretary shall notify the cochairpersons of the joint committee on finance, in writing, that the state is required to pay an interest payment. The notice shall contain an accounting of the amount of interest that the state is required to pay. If the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed payment of interest within 14 working days after the date of the secretary's notification, the payment may be made as proposed by the secretary. If, within 14 working days after the date of the secretary's notification, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed interest payment, no interest payment may be made without the approval of the committee.

9,81g Section 81g. 16.70 (13m) of the statutes is created to read:

16.70 (13m) "Remanufacturing" means the process by which a durable product is restored, retaining the bulk of components that have been through at least one life cycle and replacing consumable portions to enable the product to be restored to its originally intended function.

9,81m Section 81m. 16.702 (4) of the statutes is amended to read:

16.702 (4) The department shall deposit all revenues received from fees assessed under this section in the information technology investment VendorNet fund.

9,82m Section 82m. 16.72 (2) (b) of the statutes is amended to read:

16.72 (2) (b) Except as provided in s. ss. 16.751 and 565.25 (2) (a) 4., the department shall prepare or review specifications for all materials, supplies, equipment, other permanent personal property and contractual services not purchased under standard specifications. Such "nonstandard specifications" may be generic or performance specifications, or both, prepared to describe in detail the article which the state desires to purchase either by its physical properties or programmatic utility. When appropriate for such nonstandard items or services, trade names may be used to identify what the state requires, but wherever possible 2 or more trade names shall be designated and the trade name of any Wisconsin producer, distributor or supplier shall appear first.

9,82p Section 82p. 16.72 (2) (d) of the statutes is amended to read:

16.72 (2) (d) To Except as permitted in s. 16.751, to the extent possible, the department and any other designated purchasing agent under s. 16.71 (1) shall write specifications for the purchase of materials, supplies, commodities, equipment and contractual services so as to permit their purchase from prison industries, as created under s. 303.01 (1).

9,82pm Section 82pm. 16.72 (2) (e) of the statutes is renumbered 16.72 (2) (e) 1.

9,82pr Section 82pr. 16.72 (2) (e) 2. of the statutes is created to read:

16.72 (2) (e) 2. a. In this subdivision, "toner cartridge" means a cartridge containing dry, powdered ink for application to paper by use of a photocopier, laser printer or similar device.

b. In writing specifications for purchases under this section, the department, any other designated purchasing agent under s. 16.71 (1) and each authority, other than the University of Wisconsin Hospitals and Clinics Authority, shall ensure that the specifications prohibit the procurement of a toner cartridge whose original manufacturer places restrictions on the remanufacturing of the toner cartridge by any person other than the original manufacturer. Restrictions on remanufacturing include reducing the price of the toner cartridge in exchange for an agreement not to remanufacture the toner cartridge, a licensing agreement on the toner cartridge that forbids remanufacturing and any contract that forbids the remanufacturing or recycling of a toner cartridge. Trade names may be used in specifications written under this subdivision.

9,84 Section 84. 16.72 (6) and (7) of the statutes are repealed.

9,84m Section 84m. 16.74 (5m) of the statutes is created to read:

16.74 (5m) In writing specifications for purchases under this section, the joint committee on legislative organization, house, legislative service agency, director of state courts or judicial branch agency shall ensure that specifications include a prohibition against the purchase of a toner cartridge, as defined in s. 16.72 (2) (e) 2. a., whose original manufacturer places restrictions on the remanufacturing of the toner cartridge by any person other than the original manufacturer. Restrictions on remanufacturing include reducing the price of the toner cartridge in exchange for an agreement not to remanufacture the toner cartridge, a licensing agreement on the toner cartridge that forbids remanufacturing and any contract that forbids the remanufacturing or recycling of a toner cartridge. Trade names may be used in specifications written under this subsection.

9,85m Section 85m. 16.75 (1) (a) 1. of the statutes is amended to read:

16.75 (1) (a) 1. All orders awarded or contracts made by the department for all materials, supplies, equipment and contractual services to be provided to any agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t), (6), (7), (8) and (9) and ss. 16.73 (4) (a), 16.751, 16.754, 50.05 (7) (f), 287.15 (7) and 301.265, shall be awarded to the lowest responsible bidder, taking into consideration life cycle cost estimates under sub. (1m), when appropriate, the location of the agency, the quantities of the articles to be supplied, their conformity with the specifications, and the purposes for which they are required and the date of delivery.

9,86m Section 86m. 16.75 (2m) (g) of the statutes is amended to read:

16.75 (2m) (g) After receiving each offerer's best and final offer, the department shall determine which proposal is most advantageous and shall award the order or contract to the person who offered it. The department's determination shall be based only on price and the other evaluation factors specified in the request for proposals. The department shall state in writing the reason for the award and shall place the statement in the contract file. This paragraph does not apply to procurements under s. 16.751.

9,89m Section 89m. 16.751 of the statutes is created to read: