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
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: sale of certain state properties.
Analysis by the Legislative Reference Bureau
state government
State finance
This bill transfers $36,000,000 from the general fund to the budget stabilization fund.
Other state government
Currently, state agencies having jurisdiction over state properties are authorized to sell the properties under various conditions and limitations, if the operation of the properties is not specifically provided for by law. The proceeds of any sales are credited or deposited in various ways as provided by law.
Currently, the Building Commission may sell or lease all or part of a state-owned building or structure or state-owned land if such authority is not provided to a state agency by law. The proceeds of any such sales or leases, after retirement of any outstanding debt on the affected properties, are paid into the budget stabilization fund. In addition, the Building Commission may sell certain surplus state land, subject in most cases to the consent of the Joint Committee on Finance, and may sell certain state-owned land in the vicinity of the state capitol.
This bill directs the secretary of administration, no later than July 1, 2006, to review all holdings state-owned real property for potential sale, except property under the jurisdiction of the Board of Regents of the UW System, property under the jurisdiction of DNR (except central or district office facilities), and certain other specified property. Potential sales may include surplus or nonsurplus property, and may be evaluated with or without the approval of the state agency that administers the affected property.
No later than October 1, 2006, the secretary of administration must submit a report to the secretary of the Building Commission containing an inventory of the secretary's recommendations to offer specified state properties for sale and giving the reasons therefor. Under the bill, if the Building Commission votes to approve the sale of any property included in the inventory on or before June 30, 2007, DOA may offer the property for sale and may sell the property if DOA believes that the sale is in the best interests of the state, subject to certain exceptions. Under the bill, the sale price need not reflect fair market value.
Any sale of state property by DOA may be either on the basis of public bids or negotiated prices. The bill does not authorize DOA to close or sell any facility or institution the operation of which is provided for by law. The authority granted by the bill does not apply to property that is leased by the state during the term of the lease without consent of the lessee. With certain exceptions, all net proceeds of property sales, after retirement of any outstanding debt on the affected properties and after any required reimbursement of the federal government for any federal financial assistance used to acquire, construct, or improve the properties, are deposited in the general fund.
Currently, the proceeds of sales of real property by the Board of Regents of the University of Wisconsin System are appropriated for various purposes. This bill provides that, for proceeds received from these sales before July 1, 2007, unless otherwise required for properties that are encumbered, acquired, constructed, or improved with federal financial assistance, or restricted by the terms of a gift or grant, the board shall use the net proceeds for the operation of the UW System.
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. 13.101 (13) of the statutes is repealed.
SECTION 2. 13.48 (14) (a) of the statutes is amended to read:
13.48 (14) (a) In this subsection, "agency" has the meaning given for "state agency" in s. 20.001 (1), except that prior to July 1, 2007, the term does not include the Board of Regents of the University of Wisconsin System.
SECTION 3. 13.48 (14) (d) 4. of the statutes is amended to read:
13.48 (14) (d) 4. If the commission proposes to sell or transfer a parcel of surplus land having a fair market value of at least $20,000, the commission shall notify the joint committee on finance in writing of its proposed action. If the cochairpersons of the committee do not notify the commission that the committee has scheduled a meeting for the purpose of reviewing the proposed sale or transfer within 14 working days after the date of the commission's notification, the parcel may be sold or transferred by the commission. If, within 14 working days after the date of the commission's notification, the cochairpersons of the committee notify the commission that the committee has scheduled a meeting for the purpose of reviewing the proposed sale or transfer, the parcel may be sold or transferred under this subdivision only upon approval of the committee. This subdivision does not apply to surplus land that is authorized to be sold under s. 16.848.
SECTION 4. 13.48 (22) of the statutes is amended to read:
13.48 (22) SALE OR LEASE OF CAPITOL AREA LANDS. The building commission may lease or resell lands acquired in the capitol planning area for public or private redevelopment and may set such conditions of sale or lease as it deems necessary to ensure development compatible with the needs of the community and the state. This subsection does not apply to lands that are authorized to be sold under s. 16.848.
