SECTION 905c. 39.10 of the statutes is created to read:
39.10 Definitions. In this subchapter:
(1) "Broadcasting corporation" has the meaning given in s. 39.81 (2).
(2) "Fund-raising corporation" means the corporation organized under s. 39.12 (1).
(3) "Transitional board" has the meaning given in s. 39.81 (7).
SECTION 905g. 39.11 (intro.) of the statutes is amended to read:
39.11 Educational communications board; duties. (intro.) The Except as provided in a contract entered into under s. 39.115 (4), the educational communications board shall do each of the following:
SECTION 905L. 39.11 (22) of the statutes is created to read:
39.11 (22) At the request of the transitional board and at no charge to the transitional board, provide staff and legal, administrative and technical assistance for the transitional board to carry out the duties under s. 39.82.
SECTION 905p. 39.115 (4) of the statutes is created to read:
39.115 (4) Contract with the broadcasting corporation to manage, operate and maintain any public broadcasting station for which the educational communications board holds a license.
SECTION 905t. 39.12 of the statutes is amended to read:
39.12 Nonstock Fund-raising corporation. (1) The educational communications board may organize and maintain a nonstock nonprofit corporation under ch. 181 for the exclusive purpose of raising funds for the educational communications board to support the activities of the educational communications board. Any funds raised by the fund-raising corporation shall be expended to carry out the purposes for which received.
(2) The educational communications board shall enter into a contract with the fund-raising corporation under sub. (1). The contract shall provide that the educational communications board may make use of the services of the fund-raising corporation and that the educational communications board may provide administrative services to the fund-raising corporation. The type and scope of any administrative services provided by the educational communications board to the fund-raising corporation and the educational communications board employes assigned to perform the services shall be determined by the educational communications board. The fund-raising corporation may neither employ staff nor engage in political activities.
(2m) The fund-raising corporation under sub. (1) shall donate any real property to the state within 5 years after acquiring the property unless holding the property for more than 5 years is consistent with sound business and financial practices and is approved by the joint committee on finance.
(3) The educational communications board, the department of administration, the legislative fiscal bureau, the legislative audit bureau and the appropriate committee of each house of the legislature, as determined by the presiding officer, may examine all records of the fund-raising corporation.
(4) The board of directors of any the fund-raising corporation established under this section shall consist of 5 members, including the executive director of the educational communications board and 4 members of the educational communications board, elected by the educational communications board, of which one shall be a legislator. No 2 members of the board of directors may be from the same category of educational communications board members under s. 15.57 (1) (a) to (7) (h).
(5) Any The fund-raising corporation established under this section shall be organized so that contributions to it will be deductible from adjusted gross income under section 170 of the internal revenue code and so that the fund-raising corporation will be exempt from taxation under section 501 of the internal revenue code and ss. 71.26 (1) (a) and 71.45 (1).
SECTION 905x. 39.15 of the statutes is created to read:
39.15 Applicability. 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, this subchapter does not apply on and after the effective date of the last license transferred as determined by the secretary under s. 39.88 (2).
SECTION 907. 39.285 (3) of the statutes is amended to read:
39.285 (3) By April 10, 1998, and annually thereafter, each tribally controlled college in this state is requested to develop and submit to the board for its review under sub. (1) a proposed formula for the awarding of grants under s. 39.30 39.435, except for grants awarded under s. 39.435 (2) or (5), for the upcoming academic year to students enrolled at that tribally controlled college.
SECTION 908. 39.30 (2) (intro.) of the statutes is amended to read:
39.30 (2) ELIGIBILITY. (intro.) A resident student enrolled at least half-time and registered as a freshman, sophomore, junior or senior in an accredited, nonprofit, post high post-high school, educational institution in this state or in a tribally controlled college in this state shall be eligible for grants under this section for each semester of attendance, but:
SECTION 909. 39.30 (2) (e) of the statutes is amended to read:
39.30 (2) (e) The board may not make a grant to a student if the board receives a certification under s. 49.855 (7) that the student 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 student 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).
SECTION 910. 39.30 (2) (f) of the statutes is amended to read:
39.30 (2) (f) No grants may be awarded under this section unless the applicable formula submitted under s. 39.285 (2) or (3) is approved or modified by the board under s. 39.285 (1).
SECTION 911. 39.30 (3) (g) of the statutes is repealed.
SECTION 912. 39.38 (2) of the statutes is amended to read:
39.38 (2) Grants under this section shall be based on financial need, as determined by the board. The maximum grant shall not exceed $2,200 per year, of which not more than $1,100 may be from the appropriation under s. 20.235 (1) (fb) (k). State aid from this appropriation may be matched by a contribution from a federally recognized American Indian tribe or band that is deposited in the general fund and credited to the appropriation account under s. 20.235 (1) (gm). Grants shall be awarded to students for full-time or part-time attendance at any accredited institution of higher education in this state. The board may not make a grant under this section to a student if the board receives a certification under s. 49.855 (7) that the student is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses. Grants shall be renewable for up to 5 years if a recipient remains in good academic standing at the institution that he or she is attending.
SECTION 912c. 39.38 (2) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:
39.38 (2) Grants under this section shall be based on financial need, as determined by the board. The maximum grant shall not exceed $2,200 per year, of which not more than $1,100 may be from the appropriation under s. 20.235 (1) (k). State aid from this appropriation may be matched by a contribution from a federally recognized American Indian tribe or band that is deposited in the general fund and credited to the appropriation account under s. 20.235 (1) (gm). Grants shall be awarded to students for full-time or part-time attendance at any accredited institution of higher education in this state. The board may not make a grant under this section to a student if the board receives a certification under s. 49.855 (7) that the student 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 student 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). Grants shall be renewable for up to 5 years if a recipient remains in good academic standing at the institution that he or she is attending.
SECTION 913m. 39.41 (1m) (d) of the statutes is amended to read:
39.41 (1m) (d) By Except as provided in par. (dm), by February 15 of each school year, if 2 or more seniors from the same high school of at least 80 pupils have the same grade point average and, except for the limitation on the number of designated scholars, are otherwise eligible for designation under par. (a), the faculty of the high school shall select the applicable number of seniors for designation under par. (a) as scholars and shall certify, in order of priority, any remaining seniors as alternates for a scholar with the same grade point average. If a senior from that high school designated as a scholar under par. (a) does not qualify for a higher education scholarship under sub. (2) (a) or (3) (a), an alternate for the scholar with the same grade point average as any senior from that high school designated as a scholar under par. (a) shall be 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.
SECTION 913mr. 39.41 (1m) (dm) of the statutes is created to read:
39.41 (1m) (dm) If the high school weights different courses differently to determine a pupil's grade point average, the faculty of the high school shall select for each scholar designated under par. (d) a senior with the same grade point average as an alternate for the scholar, or, if there is not another pupil with the same grade point average, a senior with the next highest grade point average as an alternate for the scholar.
SECTION 913ms. 39.41 (1m) (e) of the statutes is amended to read:
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.
SECTION 913mt. 39.41 (1m) (em) of the statutes is created to read:
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.
SECTION 915. 39.435 (1) of the statutes is amended to read:
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.
SECTION 916. 39.435 (4) (a) of the statutes is amended to read:
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.
SECTION 917. 39.435 (4) (b) and (c) of the statutes are repealed.
SECTION 918. 39.435 (6) of the statutes is amended to read:
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).
SECTION 919. 39.44 (4) of the statutes is amended to read:
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).
SECTION 920. 39.47 (2m) of the statutes is amended to read:
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).
SECTION 921m. 39.51 (title) and (1) (a) to (d) of the statutes are renumbered 45.54 (title) and (1) (a) to (d).
SECTION 923. 39.51 (1) (e) of the statutes is renumbered 45.54 (1) (e) (intro.) and amended to read:
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:
SECTION 923m. 39.51 (1) (f) and (g) of the statutes are renumbered 45.54 (1) (f) and (g).
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:
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.
SECTION 927. 39.51 (9) (title) and (intro.) of the statutes are repealed.
SECTION 928. 39.51 (9) (a) to (h) of the statutes are renumbered 45.54 (1) (e) 1. to 8.
SECTION 929m. 39.51 (10) of the statutes is renumbered 45.54 (10).
SECTION 930m. Subchapter V of chapter 39 [precedes 39.81] of the statutes is created to read:
CHAPTER 39
SUBCHAPTER V
PUBLIC BROADCASTING
39.81 Definitions. In this subchapter:
(1) "Association" means the Wisconsin Public Radio Association.
(2) "Broadcasting corporation" means the corporation specified in s. 39.82 (1).
(3) "Corporate board" means the board of directors of the broadcasting corporation.
(4) "Foundation" means the Wisconsin Public Broadcasting Foundation.
(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.
(6) "Secretary" means the secretary of administration.
(7) "Transitional board" means the public broadcasting transitional board.
39.82 Transitional board duties. The transitional board shall do each of the following:
(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.
(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.
(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.
(4) Negotiate an agreement with the association for the transfer to the broadcasting corporation of funds raised by the association.
(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.
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:
(a) The transfer of the unencumbered balances of the appropriations to the educational communications board to the broadcasting corporation.
(b) The transfer of positions and related funding from the educational communications board to the department of administration.
(c) The transfer of assets under s. 39.87 (2) to the broadcasting corporation.
(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.
(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).
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):
(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.
(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.
(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.
(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.
(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.
(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.
