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SECTION 917. 39.435 (4) (b) and (c) of the statutes are repealed.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:
40.25 (6) (a) 3. The participating employe applying for forfeited creditable service under this subsection shall pay to the fund an amount equal to the employe's statutory contribution on earnings under s. 40.05 (1) (a) for each year of forfeited service to be reestablished, based upon the participating employe's final average earnings, determined as if the employe retired on the date the department receives the application. The department must receive the application and the amount payable under this subdivision shall be paid in a lump sum payment, except that the department may, by rule, permit a participating employe to reestablish creditable service by making payments over a period of more than one year no later than the date the participating employe terminates employment with a participating employer. No employer may pay any amount payable under this subdivision on behalf of any participating employe.
SECTION 945. 41.11 (4m) of the statutes is created to read:
41.11 (4m) ACCESS TO CUSTOMER INFORMATION; FEES. Notwithstanding s. 19.35, the department may refuse to reveal names, addresses and related demographic information maintained on any list that the department has compiled of persons who have requested information about travel opportunities in the state. Notwithstanding s. 19.71, if the department provides information from a list of persons requesting travel information, the department may charge the person requesting the information a fee to recover the department's actual costs of compiling and providing the information. The department may reduce or waive the fee under this subsection if the department determines that the reduction or waiver is in the public interest.
SECTION 946. 44.20 (1) of the statutes is amended to read:
44.20 (1) The historical society shall operate and maintain the historic sites known as Stonefield Village, Pendarvis, Villa Louis, Old Wade House, Madeline Island, Old World Wisconsin, Northern Great Lakes Center and, if the First Capitol state park has been transferred to the historical society under 1993 Wisconsin Act 16, section 9142 (1e), First Capitol.
SECTION 947. 44.53 (1) (fm) of the statutes is created to read:
44.53 (1) (fm) Conduct a program identical to that described in par. (f), but only for American Indian individuals and groups. The program shall be funded from the appropriation under s. 20.215 (1) (km).
SECTION 948. 44.53 (2) (am) of the statutes is created to read:
44.53 (2) (am) Enter into contracts with American Indian individuals, organizations and institutions and American Indian tribal governments for services furthering the development of the arts and humanities.
SECTION 949. 44.70 (2g) of the statutes is created to read:
44.70 (2g) "Educational agency" means a school district, private school, cooperative educational service agency, technical college district, private college, public library system, public library board, the Wisconsin School for the Visually Handicapped or the Wisconsin School for the Deaf.
****NOTE: This is reconciled s. 44.70 (2g). This SECTION has been affected by drafts with the following LRB numbers: LRB-1506/2, LRB-1507/2 and LRB-0250/3.
SECTION 950. 44.70 (3e) of the statutes is created to read:
44.70 (3e) "Political subdivision" means any city, village, town or county.
****NOTE: This is reconciled s. 44.70 (3e). This SECTION has been affected by drafts with the following LRB numbers: LRB-1508/1 (which creates s. 196.218 (4r) (a) 1r. with the same definition).
SECTION 951. 44.70 (3m) of the statutes is created to read:
44.70 (3m) "Public library system" has the meaning given in s. 43.01 (5).
****NOTE: This is reconciled s. 44.70 (3m). This SECTION has been affected by drafts with the following LRB numbers: LRB-1506/2 (which creates s. 196.218 (4r) (a) 2r. with the same definition).
SECTION 952. 44.70 (5) of the statutes is created to read:
44.70 (5) "Universal service fund" means the trust fund established under s. 25.95.
SECTION 953. 44.71 (2) of the statutes is renumbered 44.71 (2) (a), and 44.71 (2) (a) 5. and 8., as renumbered, are amended to read:
44.71 (2) (a) 5. Subject to s. 196.218 (4r) (f) 44.73 (5), in cooperation with the department and the public service commission, provide telecommunications access to school districts, private schools, cooperative educational service agencies, technical college districts, private colleges and public library boards educational agencies under the program established under s. 196.218 (4r) 44.73.
****NOTE: This is reconciled s. 44.71 (2) (a) 5. This SECTION has been affected by drafts with the following LRB numbers: LRB-0250/3, LRB-1506/2, LRB-1507/2 and LRB-1508/1.
