2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
education
Other educational and cultural agencies
Under current law, the Educational Approval Board (EAB) inspects and approves private trade, correspondence, business, and technical schools (EAB-approved schools) to protect the students, prevent fraud, and encourage accepted educational standards at those schools. Currently, the EAB is attached to DVA for administrative purposes. This bill attaches the EAB to the Technical College System Board for administrative purposes.
Under current administrative rules, the EAB may seek a court order to take possession of an EAB-approved school's records if it appears that those records are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable. Current law, however, exempts from the oversight of the EAB tax-exempt schools that were incorporated in this state before January 1, 1992, or that had their headquarters and principal places of business in this state before 1970, schools that are licensed or approved, and supervised, by other state agencies, schools approved by DPI for the training of teachers, and schools accredited by accrediting agencies recognized by the EAB (schools not approved by the EAB).
This bill permits the EAB to take possession of the student records of an EAB-approved school or a school not approved by the EAB operating in this state if the school discontinues its operations, proposes to discontinue its operations, or is in imminent danger of discontinuing its operations as determined by the EAB and if the EAB determines that those records are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those records. The bill also permits the EAB to seek a court order authorizing the EAB to take possession of the student records of an EAB-approved school or a school not approved by the EAB if necessary to protect those records from being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those records.
In addition, the bill permits the EAB to retain in an appropriation account that it uses for the examination and approval of school programs not more than 20 percent of the amount of the unencumbered balance at the end of each fiscal year that does not exceed 20 percent of the amount appropriated for those purposes for the next fiscal year and requires that, of the balance remaining, 50 percent shall lapse to the general fund and 50 percent shall be transferred to an appropriation account that the EAB uses to indemnify students who suffer losses as a result of a school closure.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 15.495 of the statutes is renumbered 15.945 and amended to read:
15.945 Same; attached board. (1) EDUCATIONAL APPROVAL BOARD. There is created an educational approval board which is attached to the department of veterans affairs technical college system board under s. 15.03. The board 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.
SECTION 2. 20.292 (2) (i) of the statutes is created to read:
20.292 (2) (i) Closed schools; preservation of student records. All moneys received from fees collected under s. 38.50 (11) (c) to be used for the administrative costs of taking possession of, preserving, and providing copies of student records of schools, as defined in s. 38.50 (11) (a) 1., that have discontinued their operations.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 3. 20.485 (5) (title) of the statutes is renumbered 20.292 (2) (title).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 4. 20.485 (5) (g) of the statutes is renumbered 20.292 (2) (g) and amended to read:
20.292 (2) (g) Proprietary school programs. The amounts in the schedule for the examination and approval of proprietary school programs. All moneys received from the issuance of solicitor's permits under s. 45.54 38.50 (8) and fees under s. 45.54 38.50 (10) shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the educational approval board may retain in this appropriation account the amount of the unencumbered balance on June 30 of each fiscal year that does not exceed 20 percent of the amount in the schedule for the next fiscal year and, of the balance remaining, 50 percent shall be transferred to the appropriation account under par. (gm) and 50 percent shall lapse to the general fund.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 5. 20.485 (5) (gm) of the statutes is renumbered 20.292 (2) (gm) and amended to read:
20.292 (2) (gm) Student protection. All moneys received from the fees received under s. 45.54 38.50 (10) (c) 4. and all moneys transferred from the appropriation account under par. (g), for the purpose of indemnifying students, parents, or sponsors under s. 45.54 (10) (a) 38.50 (10 (a) and for the purpose of preserving under s. 38.50 (11) the student records of schools, as defined in s. 38.50 (1) (e), that have discontinued their operations.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 6. 29.506 (7m) (a) of the statutes is amended to read:
29.506 (7m) (a) The department shall issue a taxidermy school permit to a person who applies for the permit; who, on August 15, 1991, holds a valid taxidermist permit issued under this section; and who, on August 15, 1991, operates a taxidermy school approved by the educational approval board under s. 45.54 38.50.
SECTION 7. 38.50 (11) of the statutes is created to read:
38.50 (11) CLOSED SCHOOLS; PRESERVATION OF RECORDS. (a) In this subsection:
1. Notwithstanding sub. (1) (e), "school" has the meaning given in sub. (1) (e) (intro.) and also includes a school described in sub. (1) (e) 1., 6., 7., or 8.
2. "Student record" means, in the case of a school, as defined in sub. (1) (e) (intro.), a transcript for a student or former student of a school showing the name of the student, the title of the program in which the student was or is enrolled, the total number of credits or hours of instruction completed by the student, the dates of enrollment, the grade for each course, lesson, or unit of instruction completed by the student, the student's cumulative grade for the program, and an explanation of the school's credit and grading system. In the case of a school described in sub. (1) (e) 1., 6., 7., or 8., "student record" means a transcript for a student or former student of the school showing such information about the academic work completed by the student or former student as is customarily maintained by the school.
(b) If a school operating in this state discontinues its operations, proposes to discontinue its operations, or is in imminent danger of discontinuing its operations as determined by the board and if the board determines that the student records of the school are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the authorized representatives of those persons, the board may take possession of those student records. If necessary to protect student records from being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the authorized representatives of those persons, the board may seek a court order authorizing the board to take possession of those student records.
(c) The board shall preserve a student record that comes into the possession of the board under par. (b) and shall keep the student record confidential as provided under 20 USC 1232g and 34 CFR Part 99. A student record in the possession of the board is not open to public inspection or copying under s. 19.35 (1). Upon request of the person who is the subject of a student record or an authorized representative of that person, the board shall provide a copy of the student record to the requester. The board may charge a fee for providing a copy of a student record. The fee shall be based on the administrative cost of taking possession of, preserving, and providing the copy of the student record. All fees collected under this paragraph shall be credited to the appropriation account under s. 20.292 (2) (i).
SECTION 8. 45.397 (2) (a) of the statutes is amended to read:
45.397 (2) (a) The veteran is enrolled in a training course in a technical college under ch. 38 or in a proprietary school in the state approved by the educational approval board under s. 45.54 38.50, other than a proprietary school offering a 4-year degree or 4-year program, or is engaged in a structured on-the-job training program that meets program requirements promulgated by the department by rule.
SECTION 9. 45.54 (title) of the statutes is renumbered 38.50 (title).
SECTION 10. 45.54 (1) (intro.) of the statutes is renumbered 38.50 (1) (intro.).
SECTION 11. 45.54 (1) (a) of the statutes is renumbered 38.50 (1) (a) and amended to read:
38.50 (1) (a) "Board" Notwithstanding s. 38.01 (2), "board" means the educational approval board.
SECTION 12. 45.54 (1) (b) of the statutes is renumbered 38.50 (1) (b).
SECTION 13. 45.54 (1) (c) of the statutes is renumbered 38.50 (1) (c).
SECTION 14. 45.54 (1) (d) of the statutes is renumbered 38.50 (1) (d).
SECTION 15. 45.54 (1) (e) of the statutes is renumbered 38.50 (1) (e).
SECTION 16. 45.54 (1) (f) of the statutes is renumbered 38.50 (1) (f).
SECTION 17. 45.54 (1) (g) of the statutes is renumbered 38.50 (1) (g).
SECTION 18. 45.54 (2) of the statutes is renumbered 38.50 (2).
SECTION 19. 45.54 (3) of the statutes is renumbered 38.50 (3).
SECTION 20. 45.54 (5) of the statutes is renumbered 38.50 (5) and amended to read:
38.50 (5) EMPLOYEES, QUARTERS. The board shall employ a person to perform the duties of an executive secretary and any other persons under the classified service that may be necessary to carry out the board's 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 department technical college system board.
SECTION 21. 45.54 (7) of the statutes is renumbered 38.50 (7).
SECTION 22. 45.54 (8) of the statutes is renumbered 38.50 (8).
SECTION 23. 45.54 (10) (title) of the statutes is renumbered 38.50 (10) (title).
SECTION 24. 45.54 (10) (a) of the statutes is renumbered 38.50 (10) (a) and amended to read:
38.50 (10) (a) Authority. All proprietary schools shall be examined and approved by the board before operating in this state. Approval shall be granted to schools meeting the criteria established by the board for a period not to exceed one year. No school may advertise in this state unless approved by the board. All approved schools shall submit quarterly reports, including information on enrollment, number of teachers and their qualifications, course offerings, number of graduates, number of graduates successfully employed, and such other information as the board deems necessary. If a school closure results in losses to students, parents, or sponsors, the board may authorize the full or partial payment of those losses from the appropriation under s. 20.485 (5) 20.292 (2) (gm).
SECTION 25. 45.54 (10) (b) of the statutes is renumbered 38.50 (10) (b).
SECTION 26. 45.54 (10) (c) of the statutes is renumbered 38.50 (10) (c).
SECTION 27. 45.54 (10) (cm) of the statutes is renumbered 38.50 (10) (cm).
SECTION 28. 45.54 (10) (d) of the statutes is renumbered 38.50 (10) (d).
SECTION 29. 45.54 (10) (e) of the statutes is renumbered 38.50 (10) (e).
SECTION 30. 71.05 (6) (b) 28. (intro.) of the statutes is amended to read:
71.05 (6) (b) 28. (intro.) An amount paid by a claimant for tuition expenses for a student who is the claimant or who is the claimant's child and the claimant's dependent who is claimed under section 151 (c) of the Internal Revenue Code, to attend any university, college, technical college or a school approved under s. 45.54 38.50, that is located in Wisconsin or to attend a public vocational school or public institution of higher education in Minnesota under the Minnesota-Wisconsin reciprocity agreement under s. 39.47, calculated as follows:
SECTION 31. 182.028 of the statutes is amended to read:
182.028 School corporations. Any corporation formed for the establishment and maintenance of schools, academies, seminaries, colleges, or universities or for the cultivation and practice of music shall have power to enact bylaws for the protection of its property, and provide fines as liquidated damages upon its members and patrons for violating the bylaws, and may collect the same in tort actions, and to prescribe and regulate the courses of instruction therein, and to confer such degrees and grant such diplomas as are usually conferred by similar institutions or as shall be appropriate to the courses of instruction prescribed, except that no corporation shall operate or advertise a school that is subject to s. 45.54 38.50 (10) without complying with the requirements of s. 45.54 38.50. Any stockholder may transfer his or her stock to the corporation for its use; and if the written transfer so provides the stock shall be perpetually held by the board of directors with all the rights of a stockholder, including the right to vote.
SECTION 32. 460.05 (1) (e) 1. of the statutes is amended to read:
460.05 (1) (e) 1. Graduated from a school of massage therapy or bodywork approved by the educational approval board under s. 45.54 38.50 or completed a training program approved by the department under the rules promulgated under s. 460.04 (2) (b).
SECTION 33. 944.21 (8) (b) 3. a. of the statutes is amended to read:
944.21 (8) (b) 3. a. Is a technical college, is a school approved by the educational approval board under s. 45.54 38.50 or is a school described in s. 45.54 38.50 (1) (e) 6., 7. or 8.; and
SECTION 34. 948.11 (4) (b) 3. a. of the statutes is amended to read:
948.11 (4) (b) 3. a. Is a technical college, is a school approved by the educational approval board under s. 45.54 38.50 or is a school described in s. 45.54 38.50 (1) (e) 6., 7. or 8.; and
(End)
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2005 - 2006 LEGISLATURE
DOA:......Kraus, BB0350 - Reports on cost of occupancy of state facilities
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: reports concerning the cost of occupancy of state facilities.
Analysis by the Legislative Reference Bureau
STATE GOVERNMENT
Other State Government
This bill directs state agencies to report annually to DOA concerning the total cost of occupancy of each state-owned building, structure, or facility under the jurisdiction of the agency, excluding public highways and bridges. The report must be made in a format prescribed by DOA. The cost of occupancy must also be computed in a manner prescribed by DOA, and must include the direct cost of operation and maintenance, administrative costs incurred by an agency that are attributable to the building, structure, or facility, and any debt service costs associated with the building, structure, or facility. Beginning in 2009, the bill provides that if a building, structure or facility is a part of an institution, the report must include the total cost of occupancy of all buildings, structures, and facilities within the institution. The bill permits DOA to exempt an agency from compliance with the reporting requirement with respect to a building, structure, or facility that DOA determines to have a minimal total cost of occupancy.
The bill also provides that DOA must compile the information received from each agency and annually transmit a consolidated report on the total cost of occupancy of all buildings, structures, and facilities owned by the state, itemized for each building, structure, and facility, to the Building Commission. The report must include, for each building, structure, and facility, the recommendations of DOA concerning the desired total cost of occupancy for that building, structure, or facility.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 16.891 of the statutes is created to read:
16.891 Reports on cost of occupancy of state facilities. (1) In this section:
(a) "Agency" has the meaning given in s. 16.70 (1e).
(b) "Total cost of occupancy" means the cost to operate and maintain the physical plant of a building, structure, or facility, including administrative costs of an agency attributable to operation and maintenance of a building, structure, or facility, together with any debt service costs associated with the building, structure, or facility, computed in the manner prescribed by the department.
(2) Except as provided in sub. (4), each agency shall report to the department no later than October 1 of each year concerning the total cost of occupancy of each state-owned building, structure, and facility, excluding public highways and bridges, under the jurisdiction of the agency for the preceding fiscal year. The report shall be made in a format prescribed by the department. Beginning in 2009, if a building, structure, or facility is a part of an institution, the agency having jurisdiction of the institution shall also include in its report the total cost of occupancy of all of the buildings, structures, and facilities within the institution.
(3) No later than December 1 of each year, the department shall compile the information received under sub. (2) and transmit a consolidated report to the building commission on the total cost of occupancy of all buildings, structures, and facilities included in the reports filed under sub. (2), itemized for each building, structure, and facility. The report shall include, for each building, structure, or facility, the recommendations of the department concerning the desired total cost of occupancy for that building, structure, or facility.
(4) The department may exempt an agency from compliance with the reporting requirement under sub. (2) with respect to any building, structure, or facility that the department determines to have a minimal total cost of occupancy.
SECTION 9355. Initial applicability; other.
(1) REPORTS CONCERNING OCCUPANCY OF STATE FACILITIES. The treatment of section 16.891 of the statutes first applies with respect to reports due for submittal in the year 2006.
(End)
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2005 - 2006 LEGISLATURE
DOA:......Kraus, BB0352 - Sale of state property
