AB506: Bill Text

June 21, 2005 - Introduced by Representatives Gard and Kaufert. Referred to Committee on Rules.

AB506,2,4 An Act to repeal 20.485 (2) (th), 20.485 (2) (vg), 20.485 (2) (vz), 20.485 (5) (h), subchapter V (title) of chapter 39 [precedes 39.90] and 45.60 (2); to renumber 20.485 (5) (title), 39.90 (title), 39.90 (1) (intro.), 39.90 (1) (b), 39.90 (1) (c), 39.90 (1) (d), 39.90 (1) (e), 39.90 (1) (f), 39.90 (1) (g), 39.90 (2), 39.90 (3), 39.90 (5), 39.90 (7) (title), 39.90 (7) (b), 39.90 (7) (c), 39.90 (7) (cm), 39.90 (7) (d), 39.90 (7) (e) and 39.90 (7) (f); to renumber and amend 20.485 (5) (g), 20.485 (5) (gm), 39.90 (1) (a), 39.90 (4), 39.90 (6) and 39.90 (7) (a); to amend 20.485 (1) (go), 20.485 (2) (vm), 20.485 (4) (r), 25.36 (1), 29.506 (7m) (a), 36.27 (2) (b) 4., 45.03 (5) (c) 1. a., 45.21 (2) (a), 45.31 (9), 45.34 (1) (c), 45.34 (2) (b) 1., 45.42 (2), 45.50 (6) (a), 45.51 (3) (b), 45.51 (10) (b) and 45.82 (4); to repeal and recreate 45.20, 45.34 (1) (d) and 45.40; to create 16.848 (2) (g), 20.485 (1) (q), 20.485 (2) (b), 20.485 (2) (f), 20.485 (2) (km), 20.505 (8) (hm) 13m., 36.27 (3p) (b), 38.24 (8) (b), 38.50 (11), 45.03 (13) (j), 45.03 (13) (k), 45.03 (13) (L), 45.03 (13) (m), 45.03 (13) (n), 45.31 (15), 45.33 (1) (d), 45.34 (3) and 45.42 (12) of the statutes; and to affect 2005 Wisconsin Act .... (assembly Bill 100), section 9353 (2q), 2005 Wisconsin Act .... (assembly Bill 100), section 9353 (2r) and 2005 Wisconsin Act .... (assembly Bill 100), section 9455 (3w); relating to: veterans benefits and programs and the educational approval board and making an appropriation.

Analysis by the Legislative Reference Bureau

2005 Assembly Bill 210 has passed both houses of the legislature and is currently ready for action by the governor. That bill recodifies chapter 45 of the statutes by repealing and recreating that chapter. 2005 Assembly Bill 100, the budget bill, amends numerous parts of chapter 45 of the statutes, referring to the statutory numbering system in effect before the recodification in Assembly Bill 210.

This bill reconciles the treatment of the veterans related items in 2005 Wisconsin Act .... (Assembly Bill 210) and 2005 Wisconsin Act .... (Assembly Bill 100).

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:

AB506, s. 1 Section 1. 16.848 (2) (g) of the statutes is created to read:

AB506,2,7 16.848 (2) (g) Subsection (1) does not apply to property that is subject to sale by the department of veterans affairs under s. 45.32 (7).

AB506, s. 2 Section 2. 20.485 (1) (go) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is amended to read:

AB506,3,2 20.485 (1) (go) Self-amortizing housing facilities; principal repayment and interest. From the moneys received for providing housing services at Wisconsin veterans homes under s. 45.50 and the Northern Wisconsin Center for the Developmentally Disabled, a sum sufficient to reimburse s. 20.866 (1) (u) for the principal and interest costs incurred in acquiring, constructing, developing, enlarging or improving housing facilities at Wisconsin veterans homes under s. 45.50 and the Northern Wisconsin Center for the Developmentally Disabled and to make the payments determined by the building commission under s. 13.488 (1) (m) that are attributable to the proceeds of obligations incurred in financing such facilities.

AB506, s. 3 Section 3. 20.485 (1) (q) of the statutes is created to read:

AB506,3,7 20.485 (1) (q) Assistance to indigent residents. From the veterans trust fund, the amounts in the schedule for the payment of assistance to indigent veterans under s. 45.43 to enable the veterans to reside at the Wisconsin Veterans Home at Union Grove.

AB506, s. 4 Section 4. 20.485 (2) (b) of the statutes is created to read:

AB506,3,12 20.485 (2) (b) Housing vouchers for homeless veterans. From the general fund, the amounts in the schedule to provide housing vouchers to chronically homeless veterans under s. 45.03 (13) (k). No moneys may be encumbered from the appropriation under this paragraph after June 30, 2007.

AB506, s. 5 Section 5. 20.485 (2) (f) of the statutes is created to read:

AB506,3,16 20.485 (2) (f) Mission welcome home. From the general fund, the amounts in the schedule to provide payments under s. 45.03 (13) (j). No moneys may be encumbered from the appropriation under this paragraph after June 30, 2007.

AB506, s. 6 Section 6. 20.485 (2) (km) of the statutes is created to read:

AB506,3,23 20.485 (2) (km) American Indian grants. The amounts in the schedule for grants to American Indian tribes and bands under s. 45.82 (4). All moneys transferred from the appropriation account under s. 20.505 (8) (hm) 13m. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall revert to the appropriation account under s. 20.505 (8) (hm).

AB506, s. 7 Section 7. 20.485 (2) (th) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is repealed.

AB506, s. 8 Section 8. 20.485 (2) (vg) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is repealed.

AB506, s. 9 Section 9. 20.485 (2) (vm) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is amended to read:

AB506,4,7 20.485 (2) (vm) Subsistence aid Assistance to needy veterans. The amounts in the schedule for payment of subsistence aid to veterans and their dependents under payments under s. 45.40 (1).

AB506, s. 10 Section 10. 20.485 (2) (vz) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is repealed.

AB506, s. 11 Section 11. 20.485 (4) (r) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is amended to read:

AB506,4,15 20.485 (4) (r) Cemetery energy costs. From the veterans trust fund, the amounts in the schedule to be used at the veterans memorial cemeteries operated under s. 45.61 for utilities and for fuel, heat and air conditioning and for costs incurred by or on behalf of the department of veterans affairs under ss. s. 16.858 and 16.895.

AB506, s. 12 Section 12. 20.485 (5) (title) of the statutes is renumbered 20.292 (2) (title).

AB506, s. 13 Section 13. 20.485 (5) (g) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is renumbered 20.292 (2) (g) and amended to read:

AB506,4,23 20.292 (2) (g) Proprietary school programs. The amounts in the schedule for the examination and approval of proprietary school programs. All Ninety percent of all moneys received from the issuance of solicitor's permits under s. 39.90 (6) 38.50 (8) and from the fees under s. 39.90 (7) 38.50 (10) shall be credited to this appropriation account.

AB506, s. 14 Section 14. 20.485 (5) (gm) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is renumbered 20.292 (2) (gm) and amended to read:

AB506,5,6 20.292 (2) (gm) Student protection. All moneys received from the fees received under s. 39.90 (7) 38.50 (10) (c) 4. and all moneys transferred under 2005 Wisconsin Act .... (this act), section 9246 (1m), from the appropriation account under par. (g), for the purpose of indemnifying students, parents, or sponsors under s. 39.90 (7) (a) 38.50 (10) (a) and for the purpose of preserving under s. 38.50 (11) the student records of schools, as defined in s. 38.50 (11) (a) 2., that have discontinued their operations.

AB506, s. 15 Section 15. 20.485 (5) (h) of the statutes is repealed.

AB506, s. 16 Section 16. 20.505 (8) (hm) 13m. of the statutes is created to read:

AB506,5,10 20.505 (8) (hm) 13m. The amount transferred to s. 20.485 (2) (km) shall be the amount in the schedule under s. 20.485 (2) (km).

AB506, s. 17 Section 17. 25.36 (1) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is amended to read:

AB506,6,6 25.36 (1) Except as provided in sub. (2), all moneys appropriated or transferred by law shall constitute the veterans trust fund which shall be used for the lending of money to the mortgage loan repayment fund under s 45.37 (5) (a) 12. and for the veterans programs under ss. 20.485 (2) (m), (mn), (tm), (u), (v), (vo), (vy), (vz), (w), (z), and (zm), 45.03 (19), 45.07, 45.20, 45.21, 45.40 (1), 45.41, 45.42, 45.43, and 45.82 and administered by the department of veterans affairs, including all moneys received from the federal government for the benefit of veterans or their dependents; all moneys paid as interest on and repayment of loans under the post-war rehabilitation fund; soldiers rehabilitation fund, veterans housing funds as they existed prior to July 1, 1961; all moneys paid as interest on and repayment of loans under this fund; all moneys paid as expenses for, interest on, and repayment of veterans trust fund stabilization loans under s. 45.356, 1995 stats.; all moneys paid as expenses for, interest on, and repayment of veterans personal loans; the net proceeds from the sale of mortgaged properties related to veterans personal loans; all mortgages issued with the proceeds of the 1981 veterans home loan revenue bond issuance purchased with moneys in the veterans trust fund; all moneys received from the state investment board under s. 45.42 (8) (b); all moneys received from the veterans mortgage loan repayment fund under s. 45.37 (7) (a) and (c); and all gifts of money received by the board of veterans affairs for the purposes of this fund.

AB506, s. 18 Section 18. 29.506 (7m) (a) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is amended to read:

AB506,6,12 29.506 (7m) (a) The department shall issue a taxidermy school permit to a person who applies for the permit; who, on August 15, 1991, holds a valid taxidermist permit issued under this section; and who, on August 15, 1991, operates a taxidermy school approved by the educational approval board under s. 39.90 38.50.

AB506, s. 19 Section 19. 36.27 (2) (b) 4. of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is amended to read:

AB506,6,19 36.27 (2) (b) 4. A person who was a resident of this state at the time of entry into active duty, who is a resident of and living in this state at the time of registering at an institution, and who is a veteran, as defined in s. 45.01 (12), and who is a resident for purposes of receiving benefits under ch. 45, is entitled to the exemption under par. (a).

AB506, s. 20 Section 20. 36.27 (3p) (b) of the statutes is created to read:

AB506,6,25 36.27 (3p) (b) The board shall grant a remission equal to 100 percent of nonresident tuition and 50 percent of the academic fees and segregated fees charged for 128 credits or 8 semesters, whichever is longer, less the amount of any academic fees or segregated fees paid under 10 USC 2107 (c) or 38 USC 3104 (a) (7) (A), to any student who is a veteran.

AB506, s. 21 Section 21. 38.24 (8) (b) of the statutes is created to read:

AB506,7,5 38.24 (8) (b) The district board shall grant remission equal to 50 percent of the fees charged under sub. (1m) (a) to (c) for 128 credits or 8 semesters, whichever is longer, less the amount of any fees paid under 10 USC 2107 (c) or 38 USC 3104 (a) (7) (A), to any student who is a veteran.

AB506, s. 22 Section 22. 38.50 (11) of the statutes is created to read:

AB506,7,7 38.50 (11) Closed schools; preservation of records. (a) In this subsection:

AB506,7,9 1. "Association" means the Wisconsin Association of Independent Colleges and Universities or a successor organization.

AB506,7,11 2. Notwithstanding sub. (1) (e), "school" has the meaning given in sub. (1) (e) (intro.) and also includes a school described in sub. (1) (e) 1., 6., 7., or 8.

AB506,7,21 3. "Student record" means, in the case of a school, as defined in sub. (1) (e) (intro.), a transcript for a student or former student of a school showing the name of the student, the title of the program in which the student was or is enrolled, the total number of credits or hours of instruction completed by the student, the dates of enrollment, the grade for each course, lesson, or unit of instruction completed by the student, the student's cumulative grade for the program, and an explanation of the school's credit and grading system. In the case of a school described in sub. (1) (e) 1., 6., 7., or 8., "student record" means a transcript for a student or former student of the school showing such information about the academic work completed by the student or former student as is customarily maintained by the school.

AB506,8,4 (b) 1. If a school operating in this state discontinues its operations, proposes to discontinue its operations, or is in imminent danger of discontinuing its operations as determined by the board, if the student records of the school are not taken into possession under subd. 2., and if the board determines that the student records of the school are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the authorized representatives of those persons, the board may take possession of those student records.

AB506,8,11 2. If a school operating in this state that is a member of the association discontinues its operations, proposes to discontinue its operations, or is in imminent danger of discontinuing its operations as determined by the association and if the association determines that the student records of the school are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the authorized representatives of those persons, the association shall take possession of those student records.

AB506,8,16 (c) If necessary to protect student records from being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the authorized representatives of those persons, the board or association may seek a court order authorizing the board or association to take possession of those student records.

AB506,9,2 (d) The board or association shall preserve a student record that comes into the possession of the board or association under par. (b) 1. or 2. and shall keep the student record confidential as provided under 20 USC 1232g and 34 CFR part 99. A student record in the possession of the board is not open to public inspection or copying under s. 19.35 (1). Upon request of the person who is the subject of a student record or an authorized representative of that person, the board or association shall provide a copy of the student record to the requester. The board or association may charge a fee for providing a copy of a student record. The fee shall be based on the administrative cost of taking possession of, preserving, and providing the copy of the student record. All fees collected by the board under this paragraph shall be credited to the appropriation account under s. 20.292 (2) (i).

AB506, s. 23 Section 23. Subchapter V (title) of chapter 39 [precedes 39.90] of the statutes, as created by 2005 Wisconsin Act .... (Assembly Bill 210), is repealed.

AB506, s. 24 Section 24. 39.90 (title) of the statutes, as created by 2005 Wisconsin Act .... (Assembly Bill 210), is renumbered 38.50 (title).

AB506, s. 25 Section 25. 39.90 (1) (intro.) of the statutes, as created by 2005 Wisconsin Act .... (Assembly Bill 210), is renumbered 38.50 (1) (intro.).

AB506, s. 26 Section 26. 39.90 (1) (a) of the statutes, as created by 2005 Wisconsin Act .... (Assembly Bill 210), is renumbered 38.50 (1) (a) and amended to read:

AB506,9,12 38.50 (1) (a) "Board" Notwithstanding s. 38.01 (2), "board" means the educational approval board.

AB506, s. 27 Section 27. 39.90 (1) (b) of the statutes, as created by 2005 Wisconsin Act .... (Assembly Bill 210), is renumbered 38.50 (1) (b).

AB506, s. 28 Section 28. 39.90 (1) (c) of the statutes, as created by 2005 Wisconsin Act .... (Assembly Bill 210), is renumbered 38.50 (1) (c).

AB506, s. 29 Section 29. 39.90 (1) (d) of the statutes, as created by 2005 Wisconsin Act .... (Assembly Bill 210), is renumbered 38.50 (1) (d).

AB506, s. 30 Section 30. 39.90 (1) (e) of the statutes, as created by 2005 Wisconsin Act .... (Assembly Bill 210), is renumbered 38.50 (1) (e).

AB506, s. 31 Section 31. 39.90 (1) (f) of the statutes, as created by 2005 Wisconsin Act .... (Assembly Bill 210), is renumbered 38.50 (1) (f).

AB506, s. 32 Section 32. 39.90 (1) (g) of the statutes, as created by 2005 Wisconsin Act .... (Assembly Bill 210), is renumbered 38.50 (1) (g).

AB506, s. 33 Section 33. 39.90 (2) of the statutes, as created by 2005 Wisconsin Act .... (Assembly Bill 210), is renumbered 38.50 (2).

AB506, s. 34 Section 34. 39.90 (3) of the statutes, as created by 2005 Wisconsin Act .... (Assembly Bill 210), is renumbered 38.50 (3).

AB506, s. 35 Section 35. 39.90 (4) of the statutes, as created by 2005 Wisconsin Act .... (Assembly Bill 210), is renumbered 38.50 (5) and amended to read:

AB506,10,13 38.50 (5) Employees, quarters. The board shall employ a person to perform the duties of an executive secretary and any other persons under the classified service that may be necessary to carry out the board's responsibilities. The person performing the duties of the executive secretary shall be in charge of the administrative functions of the board. The board shall, to the maximum extent practicable, keep its office with the department of veterans affairs technical college system board.

AB506, s. 36 Section 36. 39.90 (5) of the statutes, as created by 2005 Wisconsin Act .... (Assembly Bill 210), is renumbered 38.50 (7).

AB506, s. 37 Section 37. 39.90 (6) of the statutes, as created by 2005 Wisconsin Act .... (Assembly Bill 210), is renumbered 38.50 (8), and 38.50 (8) (b) and (c) 5., as renumbered, are amended to read:

AB506,11,16 38.50 (8) (b) Solicitor's permit. The application for a solicitor's permit shall be made on a form furnished by the board and shall be accompanied by a fee and a surety bond acceptable to the board in the sum of $2,000. The board shall, by rule, specify the amount of the fee for a solicitor's permit. The bond may be continuous and shall be conditioned to provide indemnification to any student suffering loss as the result of any fraud or misrepresentation used in procuring his or her enrollment or as a result of the failure of the school to perform faithfully the agreement the solicitor made with the student, and may be supplied by the solicitor or by the school itself either as a blanket bond covering each of its solicitors in the amount of $2,000 or the surety bond under sub. (5) (7) (i). Upon approval of a permit, the board shall issue an identification card to the solicitor giving his or her name and address, the name and address of the employing school, and certifying that the person whose name appears on the card is authorized to solicit students for the school. A permit shall be valid for one year from the date issued. Liability under this paragraph of the surety on the bond for each solicitor covered by the bond shall not exceed the sum of $2,000 as an aggregate for any and all students for all breaches of the conditions of the bond. The surety of a bond may cancel the bond upon giving 30 days' notice in writing to the board and shall be relieved of liability under this paragraph upon giving the notice for any breach of condition occurring after the effective date of the cancellation. An application for renewal shall be accompanied by a fee, a surety bond acceptable to the board in the sum of $2,000 if a continuous bond has not been furnished, and such information as the board requests of the applicant. The board shall, by rule, specify the amount of the fee for renewal of a solicitor's permit.

AB506,11,19 (c) 5. Failure of the school which the solicitor represents to meet requirements and standards established by and to comply with rules promulgated by the board under sub. (5) (7).

AB506, s. 38 Section 38. 39.90 (7) (title) of the statutes, as created by 2005 Wisconsin Act .... (Assembly Bill 210), is renumbered 38.50 (10) (title).

AB506, s. 39 Section 39. 39.90 (7) (a) of the statutes, as created by 2005 Wisconsin Act .... (Assembly Bill 210), is renumbered 38.50 (10) (a) and amended to read:

AB506,12,8 38.50 (10) (a) Authority. All proprietary schools shall be examined and approved by the board before operating in this state. Approval shall be granted to schools meeting the criteria established by the board for a period not to exceed one year. No school may advertise in this state unless approved by the board. All approved schools shall submit quarterly reports, including information on enrollment, number of teachers and their qualifications, course offerings, number of graduates, number of graduates successfully employed, and such other information as the board considers necessary. If a school closure results in losses to students, parents, or sponsors, the board may authorize the full or partial payment of those losses from the appropriation under s. 20.485 (5) 20.292 (2) (gm).

AB506, s. 40 Section 40. 39.90 (7) (b) of the statutes, as created by 2005 Wisconsin Act .... (Assembly Bill 210), is renumbered 38.50 (10) (b).

AB506, s. 41 Section 41. 39.90 (7) (c) of the statutes, as created by 2005 Wisconsin Act .... (Assembly Bill 210), is renumbered 38.50 (10) (c).

AB506, s. 42 Section 42. 39.90 (7) (cm) of the statutes, as created by 2005 Wisconsin Act .... (Assembly Bill 210), is renumbered 38.50 (10) (cm).

AB506, s. 43 Section 43. 39.90 (7) (d) of the statutes, as created by 2005 Wisconsin Act .... (Assembly Bill 210), is renumbered 38.50 (10) (d).

AB506, s. 44 Section 44. 39.90 (7) (e) of the statutes, as created by 2005 Wisconsin Act .... (Assembly Bill 210), is renumbered 38.50 (10) (e).

AB506, s. 45 Section 45. 39.90 (7) (f) of the statutes, as created by 2005 Wisconsin Act .... (Assembly Bill 210), is renumbered 38.50 (10) (f).

AB506, s. 46 Section 46. 45.03 (5) (c) 1. a. of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is amended to read:

AB506,13,3 45.03 (5) (c) 1. a. Without limitation by reason of any other provisions of the statutes except s. 16.848, unless otherwise required by law, the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings owned by the state that are under the jurisdiction of the department for the consideration and upon the terms and conditions as in the judgment of the board are in the public interest.

AB506, s. 47 Section 47. 45.03 (13) (j) of the statutes is created to read:

AB506,13,12 45.03 (13) (j) Provide grants to eligible persons who administer a program to identify, train, and place volunteers at the community level who will assist national guard members, members of the U.S. armed forces or forces incorporated in the U.S. armed forces, and their spouses and dependents, who return to this state after serving on active duty. The department shall make available to the volunteers, veterans, and their spouses and dependents, a packet of information about the benefits that they may be eligible to receive from the state or federal government. This paragraph does not apply after June 30, 2007.

AB506, s. 48 Section 48. 45.03 (13) (k) of the statutes is created to read: