SB45: Bill Text

SB45,131,1 8. One member who is a representative business and industry.

SB45,131,4 9. One member, who is not a public officer and who does not possess the qualifications of the members under subds. 7. and 8., to represent the interests of the public.

SB45,131,6 (c) The members of the board appointed under par. (b) 7., 8. and 9. shall be appointed by the governor to serve at the pleasure of the governor.

SB45, s. 38 Section 38. 15.57 of the statutes is renumbered 15.57 (1).

SB45, s. 39 Section 39. 15.57 (2) of the statutes is created to read:

SB45,131,14 15.57 (2) 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 section does not apply on and after the effective date of the last license transferred .... [revisor inserts date].

SB45, s. 40 Section 40. 15.675 of the statutes is renumbered 15.677 and amended to read:

SB45,131,21 15.677 Same; attached board council. (1) Educational approval board council. There is created an educational approval board council which is attached to the higher educational aids board under s. 15.03. The board council shall consist of not more than 7 members, who shall be representatives of state agencies and other persons with a demonstrated interest in educational programs, appointed to serve at the pleasure of the governor.

SB45, s. 41 Section 41. 16.009 (2) (p) of the statutes is created to read:

SB45,132,7 16.009 (2) (p) Contract with one or more organizations to provide advocacy services to potential or actual recipients of the family care benefit, as defined in s. 46.2805 (4), or their families or guardians. The board and contract organizations under this paragraph shall assist these persons in protecting their rights under all applicable federal statutes and regulations and state statutes and rules. An organization with which the board contracts for these services may not be a provider, nor an affiliate of a provider, of long-term care services, a resource center under s. 46.283 or a care management organization under s. 46.284. For potential or actual recipients of the family care benefit, advocacy services required under this paragraph shall include all of the following:

SB45,132,9 1. Providing information, technical assistance and training about how to obtain needed services or support items.

SB45,132,11 2. Providing advice and assistance in preparing and filing complaints, grievances and appeals of complaints or grievances.

SB45,132,12 3. Providing negotiation and mediation.

SB45,132,14 4. Providing individual case advocacy assistance regarding the appropriate interpretation of statutes, rules or regulations.

SB45,132,17 5. Providing individual case advocacy services in administrative hearings and legal representation for judicial proceedings regarding family care services or benefits.

SB45, s. 42 Section 42. 16.0095 of the statutes is repealed.

SB45, s. 43 Section 43. 16.01 (2) (h) of the statutes is created to read:

SB45,132,21 16.01 (2) (h) Provide staffing and other support services to the glass ceiling board, and pay expenses required to operate the board.

SB45, s. 44 Section 44. 16.15 (4) of the statutes is repealed.

SB45, s. 45 Section 45. 16.17 of the statutes is created to read:

SB45,132,24 16.17 Glass ceiling initiative. (1) In this section:

SB45,132,25 (a) "Board" means the glass ceiling board.

SB45,133,3 (b) "Glass ceiling" means a formal or informal barrier to full participation of women and minority group members in the management of public and private sector employers.

SB45,133,4 (2) The board shall do all of the following:

SB45,133,8 (a) Administer an annual "Governor's Glass Ceiling Award Program" to recognize Wisconsin businesses and organizations that advance or promote the advancement of women and minority group members to upper-level management positions.

SB45,133,12 (b) Conduct outreach and provide other resources to disseminate information to employers on glass ceiling issues and effective programs that have helped eliminate barriers to promotion of women and minority group members to upper-level management positions.

SB45,133,16 (c) Identify businesses and industries that provide exceptional opportunities for women and minority group members to advance to upper-level management positions, and, whenever appropriate, promote the expansion of such businesses and industries in this state.

SB45,133,18 (d) Actively promote the appointment of qualified women and minority group members to public and private governing bodies.

SB45, s. 46 Section 46. 16.22 (title), (1) and (2) (intro.) and (a) to (g) of the statutes are renumbered 46.78 (title), (1) and (2) (intro.) and (a) to (g).

SB45, s. 47 Section 47. 16.22 of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed.

SB45, s. 48 Section 48. 16.22 (2) (h) of the statutes is renumbered 46.78 (2) (h) and amended to read:

SB45,134,3 46.78 (2) (h) From the appropriations under s. 20.505 (4) (j) and (p) 20.435 (3) (gb) and (p), award grants to persons providing national service programs, giving priority to the greatest extent practicable to persons providing youth corps programs.

SB45, s. 49 Section 49. 16.22 (2) (i) to (k) of the statutes are renumbered 46.78 (2) (i) to (k).

SB45, s. 50 Section 50. 16.22 (2) (kL) of the statutes, as created by 1997 Wisconsin Act 237, section 4w, is renumbered 16.22 and amended to read:

SB45,134,10 16.22 Wisconsin promise challenge grants. From the appropriation under s. 20.505 (4) (1) (fm), award Wisconsin promise challenge grants and provide training and technical assistance under 1997 Wisconsin Act 237, section 9101 (1z) (b) and (h).

SB45, s. 51 Section 51. 16.22 (2) (L) and (3) of the statutes are renumbered 46.78 (2) (L) and (3).

SB45, s. 52 Section 52. 16.24 (title) and (1) of the statutes are renumbered 14.63 (title) and (1), and 14.63 (1) (b), as renumbered, is amended to read:

SB45,134,18 14.63 (1) (b) "Institution of higher education" means a public or private institution of higher education that is accredited by an accrediting association recognized by the department state treasurer, and a proprietary school approved by the educational approval higher educational aids board under s. 39.51.

SB45, s. 53 Section 53. 16.24 (2) of the statutes is renumbered 14.63 (2), and 14.63 (2) (intro.) and (b), as renumbered, are amended to read:

SB45,134,22 14.63 (2) Weighted average tuition; tuition unit cost. (intro.) Annually, the department state treasurer and the board jointly shall determine all of the following:

SB45,135,4 (b) The price of a tuition unit, which shall be valid for a period determined jointly by the department state treasurer and the board. The price shall be sufficient to ensure the ability of the department state treasurer to meet its his or her obligations under this section. To the extent possible, the price shall be set so that the value of the tuition unit in the anticipated academic year of its use will be equal to 1% of the weighted average tuition for that academic year plus the costs of administering the program under this section attributable to the unit.

SB45, s. 54 Section 54. 16.24 (3) of the statutes is renumbered 14.63 (3), and 14.63 (3) (a) (intro.) and (d), as renumbered, are amended to read:

SB45,135,9 14.63 (3) (a) (intro.) The department state treasurer shall contract with an individual, a trust or a legal guardian for the sale of tuition units to that individual, trust or legal guardian if all of the following apply:

SB45,135,12 (d) The department state treasurer shall promulgate rules authorizing a person who has entered into a contract under this subsection to change the beneficiary named in the contract.

SB45, s. 55 Section 55. 16.24 (4) of the statutes is renumbered 14.63 (4) and amended to read:

SB45,135,22 14.63 (4) Number of tuition units purchased. A person who enters into a contract under sub. (3) may purchase tuition units at any time and in any number, except that the total number of tuition units purchased on behalf of a single beneficiary may not exceed the number necessary to pay for 4 years of full-time attendance, including mandatory student fees, as a resident undergraduate at the institution within the University of Wisconsin System that has the highest resident undergraduate tuition, as determined by the department state treasurer, in the anticipated academic years of their use.

SB45, s. 56 Section 56. 16.24 (5) of the statutes is renumbered 14.63 (5), and 14.63 (5) (a) and (b) (intro.) and 2., as renumbered, are amended to read:

SB45,136,8 14.63 (5) (a) Except as provided in sub. (7m), if an individual named as beneficiary in a contract under sub. (3) attends an institution of higher education in the United States, each tuition unit purchased on his or her behalf entitles that beneficiary to apply toward the payment of tuition and mandatory student fees at the institution an amount equal to 1% of the anticipated weighted average tuition of bachelor's degree-granting institutions within the University of Wisconsin System for the year of attendance, as estimated under sub. (2) in the year in which the tuition unit was purchased.

SB45,136,10 (b) (intro.) Upon request by the beneficiary, the department state treasurer shall pay to the institution in each semester of attendance the lesser of the following:

SB45,136,12 2. An amount equal to the sum of the institution's tuition and mandatory student fees for that semester.

SB45, s. 57 Section 57. 16.24 (6) of the statutes is renumbered 14.63 (6), and 14.63 (6) (a) 5. and (b), as renumbered, are amended to read:

SB45,136,16 14.63 (6) (a) 5. Other circumstances determined by the department state treasurer to be grounds for termination.

SB45,136,20 (b) The department state treasurer shall terminate a contract under sub. (3) if any of the tuition units purchased under the contract remain unused 10 years after the anticipated academic year of the beneficiary's initial enrollment in an institution of higher education, as specified in the contract.

SB45, s. 58 Section 58. 16.24 (7) of the statutes is renumbered 14.63 (7), and 14.63 (7) (a) (intro.), 3., 4. and 5. and (b), as renumbered, are amended to read:

SB45,136,24 14.63 (7) (a) (intro.) Except as provided in sub. (7m), the department state treasurer shall do all of the following:

SB45,137,5 3. If a contract is terminated under sub. (6) (a) 4. or (b), refund to the person who entered into the contract an amount equal to 99% of the amount determined under subd. 2. If a contract is terminated under sub. (6) (a) 4., the department may not issue a refund for one year following receipt of the notice of termination and may not issue a refund of more than 100 tuition units in any year.

SB45,137,8 4. If a contract is terminated under sub. (6) (a) 5., refund to the person who entered into the contract the amount under subd. 2. or under subd. 3., as determined by the department state treasurer.

SB45,137,14 5. If the beneficiary is awarded a scholarship, tuition waiver or similar subsidy that cannot be converted into cash by the beneficiary, refund to the person who entered into the contract, upon the person's request, an amount equal to the value of the tuition units that are not needed because of the scholarship, waiver or similar subsidy and that would otherwise have been paid by the department state treasurer on behalf of the beneficiary during the semester in which the beneficiary is enrolled.

SB45,137,17 (b) Except as provided under par. (a) 3., the department The state treasurer shall determine the method and schedule for the payment of refunds under this subsection.

SB45, s. 59 Section 59. 16.24 (7m) of the statutes is renumbered 14.63 (7m), and 14.63 (7m) (a) (intro.), (b) and (c), as renumbered, are amended to read:

SB45,137,23 14.63 (7m) (a) (intro.) The department state treasurer may adjust the value of a tuition unit based on the actual earnings attributable to the tuition unit less the costs of administering the program under this section that are attributable to the tuition unit if any of the following applies:

SB45,138,3 (b) The department state treasurer may not increase the value of a tuition unit under par. (a) to an amount that exceeds the value of a tuition unit that was purchased at a similar time, held for a similar period and used or refunded in the anticipated academic year of the beneficiary's attendance, as specified in the contract.

SB45,138,8 (c) The department state treasurer may promulgate rules imposing or increasing penalties for refunds under sub. (7) (a) if the department state treasurer determines that such rules are necessary to maintain the status of the program under this section as a qualified state tuition program under section 529 of the Internal Revenue Code, as defined in s. 71.01 (6).

SB45, s. 60 Section 60. 16.24 (8) of the statutes is renumbered 14.63 (8) and amended to read:

SB45,138,14 14.63 (8) Exemption from garnishment, attachment and execution. Moneys deposited in the tuition trust fund and a beneficiary's right to the payment of tuition and mandatory student fees under this section are not subject to garnishment, attachment, execution or any other process of law.

SB45, s. 61 Section 61. 16.24 (9) to (11) of the statutes are renumbered 14.63 (9) to (11), and 14.63 (9), (10), (10m) and (11) (b), as renumbered, are amended to read:

SB45,138,21 14.63 (9) Contract with actuary. The department state treasurer shall contract with an actuary or actuarial firm to evaluate annually whether the assets in the tuition trust fund are sufficient to meet the obligations of the department state treasurer under this section and to advise the department state treasurer on setting the price of a tuition unit under sub. (2) (b).

SB45,139,2 (10) Reports. (a) Annually, the department state treasurer shall submit a report to the governor, and to the appropriate standing committees of the legislature under s. 13.172 (3), on the program under this section. The report shall include any recommendations for changes to the program that the department state treasurer determines are necessary to ensure the sufficiency of the tuition trust fund to meet the department's state treasurer's obligations under this section.

SB45,139,8 (b) The department state treasurer shall submit a quarterly report to the state investment board projecting the future cash flow needs of the tuition trust fund. The state investment board shall invest moneys held in the tuition trust fund in investments with maturities and liquidity that are appropriate for the needs of the fund as reported by the department state treasurer in its his or her quarterly reports. All income derived from such investments shall be credited to the fund.

SB45,139,14 (10m) Repayment to general fund. The secretary of administration shall transfer from the tuition trust fund to the general fund an amount equal to the amount encumbered from the appropriation under s. 20.505 (9) 20.585 (2) (a) when the secretary of administration determines that funds in the tuition trust fund are sufficient to make the transfer. The secretary of administration may make the transfer in instalments.

SB45,139,17 (11) (b) The requirements to pay tuition and mandatory student fees under sub. (5) and to make refunds under sub. (7) are subject to the availability of sufficient assets in the tuition trust fund.

SB45, s. 62 Section 62. 16.24 (12) and (13) of the statutes are renumbered 14.63 (12) and (13), and 14.63 (12) (title), (a) (intro.) and (b) (intro.) and (13), as renumbered, are amended to read:

SB45,139,22 14.63 (12) (title) Additional department duties and powers of the state treasurer.

SB45,139,23 (a) (intro.) The department state treasurer shall do all of the following:

SB45,139,24 (b) (intro.) The department state treasurer may do any of the following:

SB45,140,4 (13) Program termination. If the department state treasurer determines that the program under this section is financially infeasible, the department state treasurer shall discontinue entering into tuition prepayment contracts under sub. (3) and discontinue selling tuition units under sub. (4).

SB45, s. 63 Section 63. 16.25 of the statutes is created to read:

SB45,140,11 16.25 Emergency weather warning system. If the secretary 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, on and after the effective date of the last license transferred .... [revisor inserts date], the department shall operate an emergency weather warning system.

SB45, s. 64 Section 64. 16.339 (2) (a) of the statutes is amended to read:

SB45,140,16 16.339 (2) (a) From the appropriation under s. 20.505 (7) (dm), the department may award a grant that does not exceed $50,000 to an eligible applicant for the purpose of providing transitional housing and associated supportive services to homeless individuals and families if the conditions under par. (b) are satisfied.

SB45, s. 65 Section 65. 16.385 (7) of the statutes is amended to read:

SB45,140,22 16.385 (7) Individuals in state prisons or secured juvenile facilities. No payment under sub. (6) may be made to a prisoner who is imprisoned in a state prison under s. 302.01 or to a person placed at a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p).

SB45, s. 66 Section 66. 16.417 (2) (f) of the statutes is renumbered 16.417 (2) (f) (intro.) and amended to read:

SB45,140,25 16.417 (2) (f) (intro.) This subsection does not apply to an any of the following:

SB45,141,3 1. An individual other than an elective state official who has a full-time appointment for less than 12 months, during any period of time that is not included in the appointment.

SB45, s. 67 Section 67. 16.417 (2) (f) 2. of the statutes is created to read:

SB45,141,9 16.417 (2) (f) 2. An individual who is a member of the faculty, as defined in s. 36.05 (8), or academic staff, as defined in s. 36.05 (1), other than an elective state official, who has a full-time appointment at an institution within the University of Wisconsin System and who holds any other position or is retained in any other capacity by a different institution within the University of Wisconsin System.

SB45, s. 68 Section 68. 16.42 (1) (intro.) of the statutes is amended to read:

SB45,141,15 16.42 (1) (intro.) All agencies, other than the legislature and the courts, no later than September 15 of each even-numbered year, before each budget period no later than the date and in the form and content prescribed by the department, shall prepare and forward to the department and to the legislative fiscal bureau the following program and financial information: