Amendment ASA1-AB133

AB133-ASA1, s. 913ms Section 913ms. 39.41 (1m) (e) of the statutes is amended to read:

AB133-ASA1,519,22 39.41 (1m) (e) If Except as provided under par. (em), if 2 or more seniors from the same high school of less than 80 pupils have the same grade point average and, except for the limitation of one nominated senior, are otherwise eligible for nomination under par. (b), the faculty of the high school shall select the senior who may be nominated by the school board of the school district operating the public high school or the governing body of the private high school for designation under par. (b) as a scholar by the executive secretary. If that senior is designated as a scholar by the executive secretary and does not qualify for a higher education scholarship under sub. (2) (a) or (3) (a), faculty of the high school shall select one or more of the remaining seniors with the same grade point average for certification as a scholar and the school board of the school district operating the high school or the governing body of the private high school shall certify to the board one or more of these seniors as eligible for a higher education scholarship as a scholar under sub. (2) (a) or (3) (a) until the scholarship may be awarded by the board.

AB133-ASA1, s. 913mt Section 913mt. 39.41 (1m) (em) of the statutes is created to read:

AB133-ASA1,520,9 39.41 (1m) (em) If the high school weights different courses differently to determine a pupil's grade point average, and the senior designated as a scholar by the executive secretary under par. (e) does not qualify for a higher education scholarship under sub. (2) (a) or (3) (a), the faculty of the high school shall select one senior with the same grade point average for certification as a scholar, or, if there is no senior with the same grade point average, one senior with the next highest grade point average for certification as a scholar, and the school board of the school district operating the high school or the governing body of the private high school shall certify to the board the selected senior as eligible for a higher education scholarship as a scholar under sub. (2) (a) or (3) (a) until the scholarship may be awarded by the board.

AB133-ASA1, s. 915 Section 915. 39.435 (1) of the statutes is amended to read:

AB133-ASA1,520,16 39.435 (1) There is established, to be administered by the board, a higher education grant program for postsecondary resident students enrolled at least half-time and registered as freshmen, sophomores, juniors or seniors in accredited institutions of higher education or in tribally controlled colleges in this state. Except as authorized under sub. (5), such grants shall be made only to students enrolled in nonprofit public institutions or tribally controlled colleges in this state.

AB133-ASA1, s. 916 Section 916. 39.435 (4) (a) of the statutes is amended to read:

AB133-ASA1,520,23 39.435 (4) (a) The board shall promulgate rules establishing policies and procedures for determining dependent and independent status and for the calculation of award grants under this section based on a formula that accounts for expected parental and student contributions. The rules shall be and is consistent with generally accepted definitions and nationally approved needs analysis methodology.

AB133-ASA1, s. 917 Section 917. 39.435 (4) (b) and (c) of the statutes are repealed.

AB133-ASA1, s. 918 Section 918. 39.435 (6) of the statutes is amended to read:

AB133-ASA1,521,7 39.435 (6) The board may not make a grant under this section to a person if the board receives a certification under s. 49.855 (7) that the person is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the person provides to the board a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

AB133-ASA1, s. 919 Section 919. 39.44 (4) of the statutes is amended to read:

AB133-ASA1,521,17 39.44 (4) The board shall notify an institution or school receiving funds under sub. (2) if the board receives a certification under s. 49.855 (7) that a student is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses a student's name appears on the statewide support lien docket under s. 49.854 (2) (b). An institution or school may not award a grant under this section to a student if it receives a notification under this subsection concerning that student, unless the student provides to the institution or school a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

AB133-ASA1, s. 920 Section 920. 39.47 (2m) of the statutes is amended to read:

AB133-ASA1,522,2 39.47 (2m) No resident of this state whose name appears on the statewide support lien docket under s 49.854 (2) (b) may receive a waiver of nonresident tuition under this section if the board receives a certification under s. 49.855 (7) that the resident is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses, unless the resident provides to the board a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

AB133-ASA1, s. 921m Section 921m. 39.51 (title) and (1) (a) to (d) of the statutes are renumbered 45.54 (title) and (1) (a) to (d).

AB133-ASA1, s. 923 Section 923. 39.51 (1) (e) of the statutes is renumbered 45.54 (1) (e) (intro.) and amended to read:

AB133-ASA1,522,11 45.54 (1) (e) (intro.) "School" means any person, located within or outside this state, maintaining, advertising or conducting any course or course of instruction for profit or a tuition charge; but in subs. (7), (8) and (10) "school" means any private trade, correspondence, business or technical school not excepted under sub. (9)., but does not include any of the following:

AB133-ASA1, s. 923m Section 923m. 39.51 (1) (f) and (g) of the statutes are renumbered 45.54 (1) (f) and (g).

AB133-ASA1, s. 925m Section 925m. 39.51 (2) to (8) of the statutes are renumbered 45.54 (2) to (8), and 45.54 (5), as renumbered, is amended to read:

AB133-ASA1,522,21 45.54 (5) Employes, quarters. The board shall employ a person to perform the duties of an executive secretary and such other persons under the classified service as may be necessary to carry out its purpose. 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 higher educational aids board department of veterans affairs.

AB133-ASA1, s. 927 Section 927. 39.51 (9) (title) and (intro.) of the statutes are repealed.

AB133-ASA1, s. 928 Section 928. 39.51 (9) (a) to (h) of the statutes are renumbered 45.54 (1) (e) 1. to 8.

AB133-ASA1, s. 929m Section 929m. 39.51 (10) of the statutes is renumbered 45.54 (10).

AB133-ASA1, s. 930m Section 930m. Subchapter V of chapter 39 [precedes 39.81] of the statutes is created to read:

AB133-ASA1,523,5 chapter 39 Subchapter V public broadcasting

AB133-ASA1,523,6 39.81 Definitions. In this subchapter:

AB133-ASA1,523,7 (1) "Association" means the Wisconsin Public Radio Association.

AB133-ASA1,523,8 (2) "Broadcasting corporation" means the corporation specified in s. 39.82 (1).

AB133-ASA1,523,10 (3) "Corporate board" means the board of directors of the broadcasting corporation.

AB133-ASA1,523,11 (4) "Foundation" means the Wisconsin Public Broadcasting Foundation.

AB133-ASA1,523,15 (5) "Friends group" means a nonstock, nonprofit corporation described under section 501 (c) (3) or (4) of the Internal Revenue Code and exempt from taxation under section 501 (a) of the Internal Revenue Code that is organized to raise funds for a public broadcasting television station in this state.

AB133-ASA1,523,16 (6) "Secretary" means the secretary of administration.

AB133-ASA1,523,17 (7) "Transitional board" means the public broadcasting transitional board.

AB133-ASA1,523,19 39.82 Transitional board duties. The transitional board shall do each of the following:

AB133-ASA1,523,22 (1) Draft and file articles of incorporation for a nonstock corporation under ch. 181 and take all actions necessary to exempt the corporation from federal taxation under section 501 (c) (3) of the Internal Revenue Code.

AB133-ASA1,524,3 (2) Draft bylaws for adoption by the corporate board under s. 181.0206 (2). The bylaws shall specify the method for designating or appointing the directors of the corporate board. No later than March 15, 2000, the transitional board shall submit a report to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) that includes and describes the bylaws drafted under this subsection.

AB133-ASA1,524,6 (3) Prepare an application for submission by the corporate board to the federal communications commission to transfer all broadcasting licenses held by the educational communications board to the broadcasting corporation.

AB133-ASA1,524,8 (4) Negotiate an agreement with the association for the transfer to the broadcasting corporation of funds raised by the association.

AB133-ASA1,524,10 (5) Negotiate an agreement with each friends group in this state for the transfer to the broadcasting corporation of funds raised by the friends group.

AB133-ASA1,524,13 39.83 Transitional plan. (1) The secretary of administration shall, after consulting with the corporate board, prepare a plan for submission to the joint committee on finance that specifies each of the following:

AB133-ASA1,524,15 (a) The transfer of the unencumbered balances of the appropriations to the educational communications board to the broadcasting corporation.

AB133-ASA1,524,17 (b) The transfer of positions and related funding from the educational communications board to the department of administration.

AB133-ASA1,524,18 (c) The transfer of assets under s. 39.87 (2) to the broadcasting corporation.

AB133-ASA1,525,2 (2) If the cochairpersons of the joint committee on finance do not notify the secretary of administration within 14 working days after the date of submittal of the plan under sub. (1) that the committee has scheduled a meeting for the purpose of reviewing the plan, the plan may be implemented as proposed. If, within 14 working days after the date of submittal of the plan under sub. (1), the cochairpersons of the committee notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the plan may be implemented only upon approval of the committee.

AB133-ASA1,525,6 (3) If the joint committee on finance approves a transfer of unencumbered balances specified in sub. (1) (a) and (b), the joint committee on finance shall transfer the unencumbered balances to the appropriation accounts under ss. 20.218 (1) (a) and 20.505 (1) (c) and (kv).

AB133-ASA1,525,9 39.84 Duties of broadcasting corporation. The broadcasting corporation shall do each of the following as a condition for receiving state aid under s. 20.218 (1) (a):

AB133-ASA1,525,14 (1) Maintain a state system of radio broadcasting for the presentation of educational, informational and public service programs, formulate policies regulating the operation of such a state system and coordinate the public radio activities of the various educational and informational agencies, civic groups, and citizens having contributions to make to the public interest and welfare.

AB133-ASA1,525,17 (2) Protect the public interest in educational television by maintaining educational television channels reserved for this state and take such action as is necessary to preserve such channels in this state for educational use.

AB133-ASA1,525,21 (3) Maintain a comprehensive state plan for the orderly operation of a statewide television system for the presentation of noncommercial instructional programs that will serve the best interests of the people of the state now and in the future.

AB133-ASA1,525,24 (4) Work with the educational agencies and institutions of the state as reviewer, adviser and coordinator of their joint efforts to meet the educational needs of the state through radio and television.

AB133-ASA1,526,3 (5) Furnish leadership in securing adequate funding for statewide joint use of radio and television for educational and cultural purposes, including funding for media programming for broadcast over the state networks.

AB133-ASA1,526,7 (6) Lease, purchase or construct radio and television facilities for joint use with state and local agencies, including facilities such as broadcast network and production facilities, network interconnection or relay equipment, mobile units, and other equipment available for statewide use.

AB133-ASA1,526,9 (7) Maintain radio and television transmission equipment in order to provide broadcast service to all areas of this state.

AB133-ASA1,526,12 (8) Establish and maintain a continuing evaluation of the effectiveness of the joint efforts of all participating educational institutions in terms of jointly established goals in the area of educational radio and television.

AB133-ASA1,526,16 (9) Act as a central clearinghouse and source of information concerning educational radio and television activities in this state, including the furnishing of such information to legislators, offices of government, educational institutions and the general public.

AB133-ASA1,526,19 (10) Provide educational programming for elementary and secondary schools in this state and transmit public radio and television to remote and underserved areas of the state.

AB133-ASA1,526,21 39.85 State aid. (1) The broadcasting corporation may receive state aid under s. 20.218 (1) (a) if each of the following is satisfied:

AB133-ASA1,527,2 (a) The articles of incorporation state that the purpose of the broadcasting corporation is to provide public broadcasting to this state and that, if the broadcasting corporation dissolves or discontinues public broadcasting in this state, the broadcasting corporation shall in good faith take all reasonable measures to transfer or assign the broadcasting corporation's assets, licenses and rights to an entity whose purpose is to advance public broadcasting in this state.

AB133-ASA1,527,4 (b) The broadcasting corporation initially adopts the bylaws drafted by the transitional board under s. 39.82 (2).

AB133-ASA1,527,8 (c) The broadcasting corporation permits public inspection and copying of any record of the corporation, as defined in s. 19.32 (1), to the same extent as required of, and subject to the same terms and enforcement provisions that apply to, an authority under subch. II of ch. 19.

AB133-ASA1,527,11 (d) The broadcasting corporation provides public access to its meetings to the same extent as is required of, and subject to the same terms and enforcement provisions that apply to, a governmental body under subch. V of ch. 19.

AB133-ASA1,527,15 (e) The broadcasting corporation provides the secretary of administration or his or her designee and the employes of the legislative audit bureau and the legislative fiscal bureau with access to all of the broadcasting corporation's records, as defined in s. 19.32 (2), except records identifying the names of private donors.

AB133-ASA1,527,20 (f) The broadcasting corporation carries out any obligation of the educational communications board under any contract entered into by the educational communications board that relates to the provision of public broadcasting in this state until the contract is modified or rescinded by the broadcasting corporation to the extent allowed under the contract.

AB133-ASA1,527,22 (2) The secretary of administration shall pay aid under s. 20.218 (1) (a) to the broadcasting corporation in instalments, as determined by the secretary.

AB133-ASA1,528,4 39.86 Broadcasting corporation reports. (1) No later than September 15 of each even-numbered year, in the form and content prescribed by the department of administration, the broadcasting corporation shall, as a condition of receiving state aid under s. 20.218 (1) (a), prepare and forward to the department of administration and to the legislative fiscal bureau all of the following information regarding each program administered by the broadcasting corporation for which the broadcasting corporation is requesting state aid:

AB133-ASA1,528,5 (a) A clear statement of the purpose or goal for each program.

AB133-ASA1,528,8 (b) Clear statements of specific objectives to be accomplished and, as appropriate, the performance measures used by the broadcasting corporation to assess progress toward achievement of these objectives.

AB133-ASA1,528,10 (c) Proposed plans to implement the objectives specified in par. (a) and the estimated resources needed to carry out the proposed plans.

AB133-ASA1,528,12 (d) A statement of legislation required to implement proposed programmatic and financial plans.

AB133-ASA1,528,14 (e) Any other fiscal or other information that the secretary of administration or the governor requires on forms prescribed by the secretary of administration.

AB133-ASA1,528,18 (2) No later than December 1 of each year, the broadcasting corporation shall, as a condition of receiving state aid under s. 20.218 (1) (a), submit a report to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) that describes each of the following:

AB133-ASA1,528,21 (a) Any use of state aid received by the broadcasting corporation for serving educational communities, diverse populations and rural and remote areas of the state, including a detailed itemization of the use of state aid.

AB133-ASA1,528,23 (b) Any progress in advancing the transition to digital television and radio, distance education and other technological innovations.

AB133-ASA1,528,25 (c) The status of federal funding, private donations, other private fund raising and any financially beneficial partnerships.

AB133-ASA1,529,2 (d) The status of the broadcasting corporation's efforts to satisfy the duties specified in this subchapter.

AB133-ASA1,529,6 (3) This section does not apply unless the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation.

AB133-ASA1,529,9 39.87 Transfer provisions. (1) Definitions. In this section, "state office building" means the state office building located at 3319 West Beltline Highway in Dane County.

AB133-ASA1,529,13 (2) Assets. (a) If the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation, each of the following applies:

AB133-ASA1,529,20 1. Any asset of the state, other than the state office building and the assets specified in subd. 3., that is used by the educational communications board and that, as determined by the secretary of administration, is not a shared asset, as defined in s. 16.26 (1) (b), is transferred, subject to the approval of the joint committee on finance under s. 39.83 (2), to the broadcasting corporation. A transfer under this subdivision shall take effect on on the effective date of the last license transferred as determined by the secretary of administration under s. 39.88 (2).

AB133-ASA1,529,24 2. Subject to the approval of the joint committee on finance under s. 39.83 (2), the secretary of administration shall transfer title to the state office building from the state to the broadcasting corporation if the broadcasting corporation pays $476,228 to the foundation or the foundation waives such payment.

AB133-ASA1,530,4 3. The assets of the state that, as determined by the secretary of administration, are used by educational communications board for the operation of an emergency weather warning system are transferred to the department of administration.

AB133-ASA1,530,6 (b) Any asset transferred under par. (a) 1. or 2. shall revert to the state if the asset is not used for the purpose of providing public broadcasting.

AB133-ASA1,530,13 (3) Educational communications board funds. Subject to the approval of the joint committee on finance under s. 39.83, if the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation, each of the following applies on the effective date of the last license transferred as determined by the secretary of administration under s. 39.88 (2):

AB133-ASA1,530,17 (a) To the appropriation account under s. 20.218 (1) (a), there is transferred the unencumbered balance of the appropriation accounts under s. 20.225 (1) (a), (b), (d), (eg), (er) and (f), except for the unencumbered balance of the appropriation accounts that are otherwise transferred under sub. (4).

AB133-ASA1,530,22 (b) To the appropriation account under s. 20.505 (5) (i), there is transferred the unencumbered balance of the appropriation account under s. 20.225 (1) (kb) and the amounts in the schedule for the appropriation account under s. 20.505 (5) (i) are increased by the amount transferred from the appropriation account under s. 20.225 (1) (kb).

AB133-ASA1,531,2 (c) To the appropriation account under s. 20.505 (1) (kv), there is transferred the unencumbered balance of the appropriation accounts under s. 20.225 (1) (g), (h), (k) and (m), and, to the extent allowed under federal law, the secretary of administration shall pay the broadcasting corporation a grant equal to the amount of the unencumbered balance of the appropriation account under s. 20.505 (1) (kv).

AB133-ASA1,531,12 (4) Positions. If the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation, all positions authorized for the educational communications board and the incumbent employes holding the positions are transferred to the department of administration. Employes transferred under this subsection have all rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes that they enjoyed in the educational communications board. Notwithstanding s. 230.28 (4), no employe so transferred who has attained permanent status in class may be required to serve a probationary period.

AB133-ASA1,531,18 (5) Duties of former educational communications board employes. All employes transferred to the department of administration under sub. (4) shall provide broadcasting services to the broadcasting corporation under a contract between the department of administration and the broadcasting corporation for such services. The contract shall provide that the services are to be provided to the broadcasting corporation at no charge to the broadcasting corporation.