38.42 (4) (b) If the telecommunications retraining board determines that additional contributions from telecommunications companies are necessary to fund grants awarded under this section in the 1999-2000 fiscal year, the consortium shall contribute additional amounts determined by the telecommunications retraining board.

SECTION 904. 38.42 (6) of the statutes is amended to read:

38.42 (6) SUNSET. This section does not apply after June 30, 1999 2000.

SECTION 905. 39.10 of the statutes is created to read:

39.10 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 and the board of regents of the University of Wisconsin System to the corporation described under s. 39.81, this subchapter does not apply on and after the effective date of the last license transferred .... [revisor inserts date].

SECTION 906. 39.12 (4) of the statutes is amended to read:

39.12 (4) The board of directors of any 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) to (7).

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 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.

****NOTE: This is reconciled s. 39.38 (2). This SECTION has been affected by drafts with the following LRB numbers: LRB-0589/1 and LRB-1518/2.

SECTION 913. 39.41 (title) of the statutes is repealed and recreated to read:

39.41 (title) Governor's scholarship program.

SECTION 914. 39.41 (9) of the statutes is created to read:

39.41 (9) In any printed material or other information disseminated or otherwise distributed by the board, the scholarship program under this section shall be referred to as the governor's scholarship program and scholars shall be referred to as governor's scholars.

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 921. 39.51 (title) of the statutes is repealed and recreated to read:

39.51 (title) School approvals.

SECTION 922. 39.51 (1) (a) of the statutes is repealed.

SECTION 923. 39.51 (1) (e) of the statutes is renumbered 39.51 (1) (e) (intro.) and amended to read:

39.51 (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 924. 39.51 (2) of the statutes is repealed.

SECTION 925. 39.51 (5) of the statutes is repealed.

SECTION 926. 39.51 (6) of the statutes is renumbered 45.35 (11), and 45.35 (11) (a), as renumbered, is amended to read:

45.35 (11) (a) Except as provided in par. (b), the board department shall be the state approval agency for the education and training of veterans and war orphans. It The department shall approve and supervise schools and courses of instruction for their training under Title 38, USC, and may enter into and receive money under contracts with the U.S. department of veterans affairs or other appropriate federal agencies. The department may promulgate rules that are necessary to carry out its duties under this paragraph.

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 39.51 (1) (e) 1. to 8.

SECTION 929. 39.51 (11) of the statutes is created to read:

39.51 (11) EDUCATIONAL APPROVAL COUNCIL. The board shall consult with the educational approval council in carrying out its duties under this section.

SECTION 930. Subchapter V of chapter 39 [precedes 39.81] of the statutes is created to read:

CHAPTER 39

SUBCHAPTER V
EDUCATIONAL BROADCASTING

39.81 Educational broadcasting corporation. (1) INCORPORATION. The secretary of administration, the president of the University of Wisconsin System and one individual chosen by the governor shall jointly draft and file articles of incorporation for a nonstock corporation under ch. 181 and shall take all actions necessary to exempt the corporation from federal taxation under section 501 (c) (3) of the Internal Revenue Code.

(2) PURPOSE; INITIAL BOARD OF DIRECTORS. The corporation may receive state aid for initial costs under s. 20.218 (1) (a) if all of the following conditions are satisfied:

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

(b) The articles of incorporation name as initial directors of the corporation the secretary of administration; 2 representatives to the assembly and 2 senators, chosen as are the members of standing committees in their respective houses; a member of the board of regents of the University of Wisconsin System; and 3 individuals selected by the governor.

(c) No earlier than 30 days nor later than 45 days after the operational plan under 1999 Wisconsin Act .... (this act), section 9101 (8) (c) is implemented, the initial board of directors of the corporation submits an application to the federal communications commission to transfer all broadcasting licenses held by the educational communications board and the board of regents of the University of Wisconsin System to the corporation.

(3) BROADCASTING OPERATIONS. The corporation under sub. (1) may receive state aid for operational costs under s. 20.218 (1) (b) if all of the following conditions are satisfied:

(a) The federal communications commission approves the application for the transfer of all broadcasting licenses under sub. (2) (c), as determined by the secretary of administration.

(b) The board of directors of the corporation offers employment beginning on the effective date of the last broadcasting license transferred under par. (a) .... [revisor inserts date], as determined by the secretary of administration, to those individuals designated in the operational plan under 1999 Wisconsin Act .... (this act), section 9101 (8) (c) 1.

(c) The board of directors of the corporation honors affiliation agreements for broadcasting purposes entered into by the educational communications board and the board of regents of the University of Wisconsin System.

(d) The board of directors of the corporation negotiates with the board of regents of the University of Wisconsin System and the secretary of administration for the use of state-owned equipment and space necessary for the operations of educational radio and television networks.

(e) The secretary of administration approves any amendment to the corporation's articles of incorporation or bylaws.

(f) The 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.

(g) The 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.

(h) The corporation provides employes of the legislative audit bureau with access to all of the corporation's records.

(4) AID PAYMENTS. The secretary of administration shall pay aid under sub. (3) in instalments, as determined by the secretary.

SECTION 931. 40.02 (28) of the statutes is amended to read:

40.02 (28) "Employer" means the state, including each state agency, any county, city, village, town, school district, other governmental unit or instrumentality of 2 or more units of government now existing or hereafter created within the state and any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, except as provided under ss. 40.51 (7) and 40.61 (3), or a local exposition district created under subch. II of ch. 229 or a family care district created under s. 46.2895. Each employer shall be a separate legal jurisdiction for OASDHI purposes.

SECTION 932. 40.02 (36) of the statutes is amended to read:

40.02 (36) "Governing body" means the legislature or the head of each state agency with respect to employes of that agency for the state, the common council in cities, the village board in villages, the town board in towns, the county board in counties, the school board in school districts, or the board, commission or other governing body having the final authority for any other unit of government, for any agency or instrumentality of 2 or more units of government, for any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more or, for a local exposition district created under subch. II of ch. 229 or for a family care district created under s. 46.2895.

SECTION 933. 40.02 (37) of the statutes is renumbered 40.02 (37) (intro.) and amended to read:

40.02 (37) (intro.) "Health insurance" means contractual any of the following:

(a) Contractual arrangements which may include, but are not limited to, indemnity or service benefits, or prepaid comprehensive health care plans, which will provide full or partial payment of the financial expense incurred by employes and dependents as the result of injury, illness or preventive medical procedures. The plans may include hospitalization, surgical and medical care, as well as ancillary items or services as determined by the group insurance board. The plans may include the type of coverage normally referred to as "major medical" insurance.

SECTION 934. 40.02 (37) (b) of the statutes is created to read:

40.02 (37) (b) For the purpose of health insurance premium credits under ss. 40.05 (4) (b), (bc), (bd), (be), (bf), (bm), (bp) and (bw) and 40.95, group health insurance within the meaning of par. (a) which is contracted or provided by the group insurance board under s. 40.03 (6) (a) or (b), including health care coverage under ss. 40.51 and 40.52, and, to the extent permitted by rules promulgated by the department, health insurance provided by a county pursuant to an election to remain covered under s. 753.07 (4) or 978.12 (6), including continuation coverage under s. 632.897 or federal law, but not conversion coverage.

SECTION 935. 40.02 (48) (am) of the statutes is amended to read:

40.02 (48) (am) "Protective occupation participant" includes any participant whose name is certified to the fund as provided in s. 40.06 (1) (d) and (dm) and who is a conservation warden, conservation patrol boat captain, conservation patrol boat engineer, conservation pilot, conservation patrol officer, forest fire control assistant, member of the state traffic patrol, state motor vehicle inspector, police officer, fire fighter, sheriff, undersheriff, deputy sheriff, state probation and parole officer, county traffic police officer, state forest ranger, fire watcher employed by the Wisconsin veterans home, state correctional-psychiatric officer, excise tax investigator employed by the department of revenue, special criminal investigation agent in the department of justice, assistant or deputy fire marshal, or person employed under s. 61.66 (1).

SECTION 936. 40.02 (48) (b) 4. of the statutes is created to read:

40.02 (48) (b) 4. A "member of the state traffic patrol" includes one division administrator in the department of transportation who is counted under s. 230.08 (2) (e) 12. and whose duties include supervising the state traffic patrol, if the division administrator is certified by the law enforcement standards board under s. 165.85 (4) (b) 1. as being qualified to be a law enforcement officer.

SECTION 937. 40.02 (54) (a) of the statutes is repealed.

SECTION 938. 40.03 (2) (rm) of the statutes is created to read:

40.03 (2) (rm) May promulgate rules, which do not conflict with the exclusion from income under section 106 of the Internal Revenue Code, for including additional health insurance plans under s. 40.02 (37) (b).

SECTION 939. 40.04 (2) (d) of the statutes is amended to read:

40.04 (2) (d) The costs of investing the assets of the benefit plans and retirement systems, including all costs due to s. 40.03 (1) (n), and the costs of legal services authorized under s. 40.03 (1) (c) shall be paid from the appropriation under s. 20.515 (1) (r) and charged directly against the appropriate investment income or reserve accounts of the benefit plan or retirement system receiving the services.

SECTION 940. 40.08 (6) (e) of the statutes is repealed and recreated to read:

40.08 (6) (e) Pursuant to rules promulgated by the department and at a rate of interest established by rule, the department may credit interest on moneys refunded or credited under this subsection.

SECTION 941. 40.08 (7) (c) of the statutes is amended to read:

40.08 (7) (c) If Pursuant to rules promulgated by the department and at a rate of interest established by rule, if an annuity underpayment exceeding exceeds the limits in par. (a) has not been corrected for at least 12 months, the payment to the annuitant to correct the underpayment shall include 0.4% interest on the amount of the underpayment for each full month during the period beginning on the date on which the underpayment occurred and ending on the date on which the underpayment is corrected.

SECTION 942. 40.24 (1) (e) of the statutes is amended to read:

40.24 (1) (e) A reduced annuity payable in the normal form or any of the optional life forms provided under this section, plus a temporary annuity payable monthly but terminating with the payment payable in the month following the month in which the annuitant attains age 62 or, if earlier, on the death of the annuitant the annuitant dies before attaining age 62, in the month in which the annuitant would have attained age 62. It is the intent of this option that so far as is practicable the amounts of the life annuity and temporary annuity shall be determined so that the annuitant's total anticipated benefits from the fund and from his or her primary OASDHI benefit will be the same each month both before and after attainment of age 62.

SECTION 943. 40.25 (6) (a) 2. of the statutes is amended to read:

40.25 (6) (a) 2. Applications A participating employe may submit one or more applications for reestablishment of creditable service must include all creditable service that has been forfeited except that the, except that a participating employe may not submit more than 2 applications in each calendar year. A participating employe may apply for all or part of the creditable service that he or she has forfeited, subject to rules promulgated by the department. The total number of years which may be reestablished under this subsection may not be greater than the creditable service of the participating employe at the date of application, or 10 years, whichever is smaller. The department must receive an application for reestablishment of creditable service under this subsection and the required payment no later than the date the participating employe terminates employment with a participating employer.

SECTION 944. 40.25 (6) (a) 3. of the statutes is amended to read:

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