AB64: Bill Text

AB64,699 Section 699. 38.50 (11) (a) of the statutes is renumbered 440.52 (11) (a).

AB64,700 Section 700. 38.50 (11) (b) of the statutes is renumbered 440.52 (11) (b), and 440.52 (11) (b) 1., as renumbered, is amended to read:

AB64,406,22 440.52 (11) (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 department, if the student records of the school are not taken into possession under subd. 2., and if the board department 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 department may take possession of those student records.

AB64,701 Section 701. 38.50 (11) (c) of the statutes is renumbered 440.52 (11) (c) and amended to read:

AB64,407,5 440.52 (11) (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 department or association may seek a court order authorizing the board department or association to take possession of those student records.

AB64,702 Section 702. 38.50 (11) (d) of the statutes is renumbered 440.52 (11) (d) and amended to read:

AB64,407,19 440.52 (11) (d) The board department or association shall preserve a student record that comes into the possession of the board department 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 department 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 department or association shall provide a copy of the student record to the requester. The board department 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 department under this paragraph shall be credited to the appropriation account under s. 20.292 (2) (i) 20.165 (1) (jv).

AB64,703 Section 703 . 38.50 (12) of the statutes is renumbered 440.52 (12), and 440.52 (12) (a) (intro.) and 1. and (b), as renumbered, are amended to read:

AB64,408,4 440.52 (12) (a) (intro.) No person that holds itself out to the public in any way as a legitimate institution of higher education may use the term “college" or “university" in the person's name unless the person provides an educational program for which the person awards an associate or higher degree and the person has accreditation recognized by the U.S. secretary of education, has the foreign equivalent of that accreditation, as determined by the board department, or has accreditation recognized by the Council for Higher Education Accreditation. This paragraph does not apply to any of the following:

AB64,408,6 1. A school that was doing business in this state with the approval of the educational approval board under s. 38.50, 2007 stats., prior to May 27, 2010.

AB64,408,14 (b) No school, including a school described in sub. (1) (e) 1. to 8., may use the term “state" or “Wisconsin" in its name if the use of that term operates to mislead the public into believing that the school is affiliated with the University of Wisconsin System or the technical college system, unless the school actually is so affiliated. This paragraph does not apply to a school described in sub. (1) (e) 1. that has accreditation recognized by the U.S. secretary of education, has the foreign equivalent of that accreditation, as determined by the board department, or has accreditation recognized by the Council for Higher Education Accreditation.

AB64,704 Section 704 . 38.50 (13) of the statutes is renumbered 440.52 (13), and 440.52 (13) (a) 2. a., b. and e. and (d), as renumbered, are amended to read:

AB64,408,20 440.52 (13) (a) 2. a. Has accreditation recognized by the U.S. secretary of education; has the foreign equivalent of that accreditation, as determined by the board department; or has accreditation recognized by the Council for Higher Education Accreditation.

AB64,408,21 b. Is approved by the board department to operate in this state.

AB64,408,25 e. Has been found by the board department to meet standards of academic quality comparable to those of an educational institution located in the United States that has accreditation recognized by the U.S. secretary of education or by the Council for Higher Education Accreditation to offer credentials of the type and level claimed.

AB64,409,5 (d) The board department may charge a fee for evaluating an educational institution under par. (a) 2. e. in an amount that is sufficient to cover all costs that the board department incurs in evaluating the institution. All fees collected by the board department under this paragraph shall be credited to the appropriation account under s. 20.292 (2) (g) 20.165 (1) (jr).

AB64,705 Section 705 . 40.02 (8) (b) 3. of the statutes is created to read:

AB64,409,8 40.02 (8) (b) 3. For purposes of a deferred compensation plan, a surviving domestic partner.

AB64,706 Section 706. 40.02 (21d) (intro.) of the statutes is amended to read:

AB64,409,13 40.02 (21d) (intro.) “Domestic partnership" means a relationship between 2 individuals, who submitted an affidavit of domestic partnership to the department before the effective date of this subsection .... [LRB inserts date], that satisfies all of the following:

AB64,707 Section 707 . 40.02 (25) (b) 3. of the statutes is amended to read:

AB64,409,19 40.02 (25) (b) 3. The surviving spouse or domestic partner of an employee, or of a retired employee, who is currently covered by health insurance at the time of death of the employee or retired employee. The spouse or domestic partner shall have the same right to health insurance coverage as the deceased employee or retired employee, but without state contribution, under rules promulgated by the secretary.

AB64,708 Section 708 . 40.51 (2m) (a) of the statutes is amended to read:

AB64,410,8 40.51 (2m) (a) In addition to the restriction under par. (b), neither a domestic partner of an eligible employee nor a stepchild of a current domestic partnership may not become be covered under a group health insurance plan under this subchapter unless the eligible employee submits an affidavit, designed by the group insurance board, attesting that the eligible employee and his or her domestic partner satisfy the requirements for a domestic partnership under s. 40.02 (21d). The eligible employee shall submit this affidavit to his or her employer at the time the eligible employee first enrolls in a group health insurance plan under this subchapter or at the time the eligible employee requests a change in dependent status while the eligible employee is enrolled in a group health insurance plan under this subchapter. Upon the dissolution of a domestic partnership, the eligible employee shall submit in a timely manner to his or her employer an affidavit, designed by the group insurance board, attesting to the dissolution of the domestic partnership.

AB64,709 Section 709 . 40.51 (2m) (b) of the statutes is amended to read:

AB64,410,13 40.51 (2m) (b) If an eligible employee is divorced or was a domestic partner in a dissolved domestic partnership, the eligible employee may not enroll a new spouse or domestic partner in a group health insurance plan under this subchapter until 6 months have elapsed since the date of the divorce or dissolved domestic partnership.

AB64,710 Section 710. 40.513 (3) (b) of the statutes is amended to read:

AB64,410,16 40.513 (3) (b) The employee's spouse or domestic partner is receiving health care coverage under s. 40.51 (6).

AB64,711 Section 711. 40.52 (2) of the statutes is amended to read:

AB64,411,5 40.52 (2) Health insurance benefits under this subchapter shall be integrated, with exceptions determined appropriate by the group insurance board, with benefits under federal plans for hospital and health care for the aged and disabled. Exclusions and limitations with respect to benefits and different rates may be established for persons eligible under federal plans for hospital and health care for the aged and disabled in recognition of the utilization by persons within the age limits eligible under the federal program. The plan may include special provisions for spouses, domestic partners, and other dependents covered under a plan established under this subchapter where one spouse or domestic partner is eligible under federal plans for hospital and health care for the aged but the others are not eligible because of age or other reasons. As part of the integration, the department may, out of premiums collected under s. 40.05 (4), pay premiums for the federal health insurance.

AB64,712 Section 712. 40.55 (1) of the statutes is amended to read:

AB64,411,13 40.55 (1) Except as provided in sub. (5), the state shall offer, through the group insurance board, to eligible employees under s. 40.02 (25) (bm) and to state annuitants long-term care insurance policies which have been filed with the office of the commissioner of insurance and which have been approved for offering under contracts established by the group insurance board. The state shall also allow an eligible employee or a state annuitant to purchase those policies for his or her spouse, domestic partner, or parent.

AB64,713 Section 713 . 40.65 (2) (a) of the statutes is repealed.

AB64,714 Section 714 . 40.65 (2) (b) 1. of the statutes is repealed.

AB64,715 Section 715 . 40.65 (2) (b) 2. of the statutes is renumbered 40.65 (2) (am).

AB64,716 Section 716 . 40.65 (2) (b) 3. of the statutes is renumbered 40.65 (2) (bm) and amended to read:

AB64,411,22 40.65 (2) (bm) The department shall determine whether or not the applicant is eligible for benefits under this section on the basis of the evidence in subd. 2 par. (am). An applicant may appeal a determination under this subdivision paragraph to the division of hearings and appeals in the department of administration.

AB64,717 Section 717 . 40.65 (2) (b) 4. of the statutes is renumbered 40.65 (2) (cm) and amended to read:

AB64,412,3 40.65 (2) (cm) In hearing an appeal under subd. 3. par. (bm), the division of hearings and appeals in the department of administration shall follow the procedures under ss. 102.16 to 102.26.

AB64,718 Section 718 . 40.65 (2) (b) 5. of the statutes is renumbered 40.65 (2) (dm) and amended to read:

AB64,412,8 40.65 (2) (dm) The department shall be an interested party in an appeal under subd. 3. par. (bm), and the department shall receive legal assistance from the department of justice, as provided under s. 165.25 (4).

AB64,719 Section 719 . 40.65 (7) (am) (intro.) of the statutes is amended to read:

AB64,412,14 40.65 (7) (am) (intro.) This paragraph applies to benefits based on applications filed on or after May 3, 1988. If a protective occupation participant dies as a result of an injury or a disease for which a benefit is paid or would be payable under sub. (4), and the participant is survived by a spouse, domestic partner, or an unmarried child under the age of 18, a monthly benefit shall be paid as follows:

AB64,720 Section 720 . 40.65 (7) (am) 1. of the statutes is amended to read:

AB64,412,22 40.65 (7) (am) 1. To the surviving spouse or domestic partner until the surviving spouse remarries or the surviving domestic partner enters into a new domestic partnership or marries, if the spouse was married to the participant on the date that the participant was disabled under sub. (4) or the domestic partner was in a domestic partnership with the participant on the date that the participant was disabled under sub. (4), 50 percent of the participant's monthly salary at the time of death, but reduced by any amount payable under sub. (5) (b) 1. to 6.

AB64,721 Section 721 . 40.65 (7) (am) 2. of the statutes is amended to read:

AB64,413,4 40.65 (7) (am) 2. To a guardian for each of that guardian's wards who is an unmarried surviving child under the age of 18, 10 percent of the participant's monthly salary at the time of death, payable until the child marries, dies or reaches the age of 18, whichever occurs first. The marital or domestic partnership status of the surviving spouse or domestic partner shall have has no effect on the payments under this subdivision.

AB64,722 Section 722 . 40.65 (7) (ar) 1. (intro.) of the statutes is amended to read:

AB64,413,11 40.65 (7) (ar) 1. (intro.) This paragraph applies to benefits based on applications filed on or after May 12, 1998. If a protective occupation participant, who is covered by the presumption under s. 891.455, dies as a result of an injury or a disease for which a benefit is paid or would be payable under sub. (4), and the participant is survived by a spouse, domestic partner, or an unmarried child under the age of 18, a monthly benefit shall be paid as follows:

AB64,723 Section 723 . 40.65 (7) (ar) 1. a. of the statutes is amended to read:

AB64,413,19 40.65 (7) (ar) 1. a. To the surviving spouse or domestic partner until the surviving spouse or domestic partner remarries or enters into a new domestic partnership, if the surviving spouse was married to the participant on the date that the participant was disabled under sub. (4) or the domestic partner was in a domestic partnership with the participant on the date that the participant was disabled under sub. (4), 70 percent of the participant's monthly salary at the time of death, but reduced by any amount payable under sub. (5) (b) 1. to 6.

AB64,724 Section 724 . 40.65 (7) (ar) 1. b. of the statutes is amended to read:

AB64,413,25 40.65 (7) (ar) 1. b. If there is no surviving spouse or domestic partner or the surviving spouse or domestic partner subsequently dies, to a guardian for each of that guardian's wards who is an unmarried surviving child under the age of 18, 10 percent of the participant's monthly salary at the time of death, payable until the child marries, dies or reaches the age of 18, whichever occurs first.

AB64,725 Section 725. 40.80 (2r) (a) 2. of the statutes is amended to read:

AB64,414,5 40.80 (2r) (a) 2. Assigns all or part of a participant's accumulated assets held in a deferred compensation plan under this subchapter to a spouse, former spouse, domestic partner, former domestic partner, child, or other dependent to satisfy a family support or marital property obligation.

AB64,726 Section 726 . 41.41 (10) (b) of the statutes is amended to read:

AB64,414,11 41.41 (10) (b) Each year, the department shall ascertain from the clerk of each taxation district in which the reserve or any land acquired by the board is located the aggregate gross general property tax rate for the taxation district, exclusive of the rate that applies under s. 70.58 and without respect to the school levy tax credit under s. 79.10.

AB64,727 Section 727 . 41.41 (10) (c) 1. of the statutes is amended to read:

AB64,414,21 41.41 (10) (c) 1. Except as provided in par. (d), on or before each January 31, the department shall pay to the treasurer of each taxation district specified in par. (b), with respect to all land in the Kickapoo valley reserve and all land acquired by the board on or before January 1 of the preceding year, an amount determined by multiplying the estimated value of the land equated to the average level of assessment in the taxation district by the aggregate gross general property tax rate, exclusive of the rate that applies under s. 70.58 and without respect to the school levy tax credit under s. 79.10, that would apply to the land in that taxation district for that year if it were taxable.

AB64,728 Section 728. 44.16 (title) of the statutes is amended to read:

AB64,414,23 44.16 (title) Circus World Museum Foundation.

AB64,729 Section 729. 44.16 (1) of the statutes is amended to read:

AB64,415,5 44.16 (1) The Except as provided in sub. (3), the historical society may enter into a lease agreement with the Circus World Museum Foundation, Inc., for the purpose of operating Circus World Museum, located in Baraboo, Wisconsin. The lease agreement shall not include any provision for the payment of a percentage of gross admissions income at Circus World Museum to the historical society.

AB64,730 Section 730. 44.16 (3) of the statutes is created to read:

AB64,415,10 44.16 (3) If a lease agreement under sub. (1) is in effect on the effective date of this subsection .... [LRB inserts date], the lease agreement shall terminate on January 1, 2018, or on the date that any termination occurs as provided under the lease agreement, whichever is earlier.

AB64,731 Section 731. 44.20 (1) of the statutes is renumbered 44.20 (1) (a).

AB64,732 Section 732. 44.20 (1) (b) of the statutes is created to read:

AB64,415,16 44.20 (1) (b) The historical society shall operate and maintain Circus World Museum. If a lease agreement under s. 44.16 (1) is in effect on the effective date of this paragraph .... [LRB inserts date], this paragraph does not apply until the termination date of the lease agreement that is specified in s. 44.16 (3).

AB64,733 Section 733 . 45.20 (1) (d) of the statutes is amended to read:

AB64,415,23 45.20 (1) (d) “Tuition," when referring to the University of Wisconsin System, means academic fees and segregated fees; when referring to the technical colleges, means “program fees" and “additional fees" as described in s. 38.24 (1m) and (1s); and when referring to a high school, a school that is approved under s. 45.03 (11), or a proprietary school that is approved under s. 38.50 440.52, means the charge for the courses for which a person is enrolled.

AB64,734 Section 734 . 45.20 (2) (a) 1. of the statutes is amended to read:

AB64,416,7 45.20 (2) (a) 1. The department shall administer a tuition reimbursement program for eligible veterans enrolling as undergraduates in any institution of higher education in this state, enrolling in a school that is approved under s. 45.03 (11), enrolling in a proprietary school that is approved under s. 38.50 440.52, enrolling in a public or private high school, enrolling in a tribal school, as defined in s. 115.001 (15m), in any grade from 9 to 12, or receiving a waiver of nonresident tuition under s. 39.47.

AB64,735 Section 735 . 45.20 (2) (a) 2. (intro.) of the statutes is amended to read:

AB64,416,14 45.20 (2) (a) 2. (intro.) A veteran who is a resident of this state and otherwise qualified to receive benefits under this subsection may receive the benefits under this subsection upon the completion of any correspondence courses or part-time classroom study from an institution of higher education located outside this state, from a school that is approved under s. 45.03 (11), or from a proprietary school that is approved under s. 38.50 440.52, if any of the following applies:

AB64,736 Section 736 . 45.20 (2) (c) 1. of the statutes is amended to read:

AB64,417,3 45.20 (2) (c) 1. A veteran who meets the eligibility requirements under par. (b) 1. may be reimbursed upon satisfactory completion of an undergraduate semester in any institution of higher education in this state, or upon satisfactory completion of a course at any school that is approved under s. 45.03 (11), any proprietary school that is approved under s. 38.50 440.52, any public or private high school, any tribal school, as defined in s. 115.001 (15m), that operates any grade from 9 to 12, or any institution from which the veteran receives a waiver of nonresident tuition under s. 39.47. Except as provided in par. (e), the amount of reimbursement may not exceed the total cost of the veteran's tuition minus any grants or scholarships that the veteran receives specifically for the payment of the tuition, or, if the tuition is for an undergraduate semester in any institution of higher education, the standard cost of tuition for a state resident for an equivalent undergraduate semester at the University of Wisconsin-Madison, whichever is less.

AB64,737 Section 737 . 45.20 (2) (d) 1. (intro.) of the statutes is amended to read:

AB64,417,11 45.20 (2) (d) 1. (intro.) Subject to subd. 1m., a veteran's eligibility for reimbursement under this subsection at any institution of higher education in this state, at a school that is approved under s. 45.03 (11), at a proprietary school that is approved under s. 38.50 440.52, at a public or private high school, at a tribal school, as defined in s. 115.001 (15m), that operates any grade from 9 to 12, or at an institution where he or she is receiving a waiver of nonresident tuition under s. 39.47 is limited to the following:

AB64,738 Section 738 . 45.21 (2) (a) of the statutes is amended to read:

AB64,417,18 45.21 (2) (a) The veteran is enrolled in a training course in a technical college under ch. 38 or in a proprietary school in the state approved by the educational approval board under s. 38.50 department of safety and professional services under s. 440.52, other than a proprietary school offering a 4-year degree or 4-year program, or is engaged in a structured on-the-job training program that meets program requirements promulgated by the department by rule.

AB64,739 Section 739. 45.41 (2) (d) of the statutes is amended to read:

AB64,417,21 45.41 (2) (d) If the total amount paid under sub. (3) is $120,000 or more, the organization may receive $70,000 $100,000.

AB64,740 Section 740. 45.82 (2) of the statutes is amended to read:

AB64,418,14 45.82 (2) The department of veterans affairs shall award a grant annually, on a reimbursable basis as specified in this subsection, to a county that meets the standards developed under this section if the county executive, administrator, or administrative coordinator certifies to the department that it employs a county veterans service officer who, if chosen after April 15, 2015, is chosen from a list of candidates who have taken a civil service examination for the position of county veterans service officer developed and administered by the bureau of merit recruitment and selection in the department of administration, or is appointed under a civil service competitive examination procedure under s. 59.52 (8) or ch. 63. The department of veterans affairs shall twice yearly reimburse grant recipients for documented expenses under sub. (5), subject to the following annual reimbursement limits: grant shall be $8,500 for a county with a population of less than 20,000, $10,000 for a county with a population of 20,000 to 45,499, $11,500 for a county with a population of 45,500 to 74,999, and $13,000 for a county with a population of 75,000 or more. The department of veterans affairs shall use the most recent Wisconsin official population estimates prepared by the demographic services center when making grants under this subsection.

AB64,741 Section 741. 45.82 (4) of the statutes is amended to read:

AB64,419,2 45.82 (4) The department shall provide grants on a reimbursable basis as specified in this subsection to the governing bodies of federally recognized American Indian tribes and bands from the appropriation under s. 20.485 (2) (km) or (vw) if that governing body enters into an agreement with the department regarding the creation, goals, and objectives of a tribal veterans service officer, appoints a veteran to act as a tribal veterans service officer, and gives that veteran duties similar to the duties described in s. 45.80 (5), except that the veteran shall report to the governing body of the tribe or band. The department shall twice yearly reimburse grant recipients for documented expenses under sub. (5), may make annual grants in an amount not to exceed $15,000 per grant under this subsection and shall promulgate rules to implement this subsection.

AB64,742 Section 742. 45.82 (5) (intro.) of the statutes is amended to read:

AB64,419,6 45.82 (5) (intro.) Only The grants made under this section may only be used to pay for the following expenses are eligible for reimbursement under subs. (2) and (4):

AB64,743 Section 743. 45.82 (5) (e) of the statutes is amended to read: