AB210: Bill Text

AB210,28,9 21.80 (3) (g) Veterans preferences. The right of a person to reemployment under this subsection does not entitle the person to retention, preference, or displacement rights over any person who has a superior claim under s. 45.35 (4) 45.03 (4), 62.13 (4) (d), 63.08 (1) (f), 63.37, 63.39 (2m), 66.0509 (1), 230.15 (2m), 230.16 (7) or (7m), 230.21 (1m), 230.25, or 230.275.

AB210, s. 78 Section 78. 25.17 (1) (xp) of the statutes is amended to read:

AB210,28,11 25.17 (1) (xp) Veterans mortgage loan repayment fund (s. 45.79 (7) 45.37 (7));

AB210, s. 79 Section 79. 25.17 (1) (yv) of the statutes is amended to read:

AB210,28,14 25.17 (1) (yv) Wisconsin Veterans Home at King and veterans facilities homes members fund (s. 25.37);

AB210, s. 80 Section 80. 25.36 (1) of the statutes is amended to read:

AB210,29,11 25.36 (1) Except as provided in sub. (2), all moneys appropriated or transferred by law shall constitute the veterans trust fund which shall be used for the lending of money to the mortgage loan repayment fund under s. 45.35 (22) 45.37 (5) (a) 12. and for the veterans programs under ss. 20.485 (2) (m), (mn), (tm), (u), (v), (vo), (vy), (vz), (w), (z), and (zm), 45.014, 45.25, 45.35 (23), 45.351 (1), 45.353, 45.356, 45.357, 45.396, 45.397, and 45.43 (7) 45.03 (19), 45.07, 45.20, 45.21, 45.40 (1), 45.41, 45.42, 45.43, and 45.82 and administered by the department of veterans affairs, including all moneys received from the federal government for the benefit of veterans or their dependents; all moneys paid as interest on and repayment of loans under the post-war rehabilitation fund; soldiers rehabilitation fund, veterans housing funds as they existed prior to July 1, 1961; all moneys paid as interest on and repayment of loans under this fund; all moneys paid as expenses for, interest on, and repayment of veterans trust fund stabilization loans under s. 45.356, 1995 stats.; all moneys paid as expenses for, interest on, and repayment of veterans personal loans; the net proceeds from the sale of mortgaged properties related to veterans personal loans; all mortgages issued with the proceeds of the 1981 veterans home loan revenue bond issuance purchased with moneys in the veterans trust fund; all moneys received from the state investment board under s. 45.356 (9) (b) 45.42 (8) (b); all moneys received from the veterans mortgage loan repayment fund under s. 45.79 (7) (a) and (c) 45.37 (7) (a) and (c); and all gifts of money received by the board of veterans affairs for the purposes of this fund.

AB210, s. 81 Section 81. 25.37 of the statutes is amended to read:

AB210,29,19 25.37 Wisconsin veterans facilities homes members fund. There is established a separate nonlapsible trust fund designated as the Wisconsin veterans facilities homes members fund. The fund shall consist of moneys belonging to persons residing in Wisconsin veterans facilities, including members of the Wisconsin Veterans Home at King homes, that are paid to the home and veterans facilities homes, and that are transferred into the fund by the department of veterans affairs under s. 45.37 (9c) 45.51 (8).

AB210, s. 82 Section 82. 28.035 (3) (a) of the statutes is amended to read:

AB210,30,10 28.035 (3) (a) The written lease entered into between the Wisconsin state department of the American Legion and the department of natural resources dated June 15, 1944, which leases Camp American Legion for a period of 10 years commencing June 1, 1944, shall continue in full force for an additional 10 years, and may be renewed for additional 10-year periods thereafter, notwithstanding the expiration of the term expressed therein in the lease, so long as the Wisconsin state department of the American Legion or any of the American Legion posts organized under s. 188.08 maintains on such the property structures which were constructed prior to May 31, 1956, at the expense of the Wisconsin state department of the American Legion or any such post, for the purpose of the rehabilitation, restoration, or recreation of veterans and their dependents of the Spanish-American war War, the Philippine insurrection Insurrection, the Mexican border service, World Wars I and II, the Korean conflict, the Vietnam war War, the Iraq war War, and Grenada, Lebanon, Panama, Somalia or a Middle East service in a crisis under s. 45.34 zone, as defined in s. 45.01 (11).

AB210, s. 83 Section 83. 29.219 (2) (c) of the statutes is amended to read:

AB210,30,15 29.219 (2) (c) A resident annual fishing license issued to any resident who is a member of the Wisconsin Veterans Home at King or at the facilities operated by the department of veterans affairs under s. 45.385 a Wisconsin veterans home under s. 45.50 shall be issued at no charge.

AB210, s. 84 Section 84. 29.506 (7m) (a) of the statutes is amended to read:

AB210,30,20 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 39.90.

AB210, s. 85 Section 85. 29.563 (3) (a) 8. of the statutes is amended to read:

AB210,30,24 29.563 (3) (a) 8. Annual fishing issued to a resident at Wisconsin Veterans Home at King and at the facilities operated by the department of veterans affairs under s. 45.385 a Wisconsin veterans home under s. 45.50: $0.

AB210, s. 86 Section 86. 36.27 (2) (b) 4. of the statutes is amended to read:

AB210,31,6 36.27 (2) (b) 4. A person who has served on active duty under honorable conditions in the U.S. armed forces or in forces incorporated in the U.S. armed forces, except service on active duty for training purposes, who meets one of the conditions in s. 45.001 (4) (a) 1. a. to d. is a veteran, as defined in s. 45.01 (12), and who is a resident for purposes of receiving benefits under ch. 45, is entitled to the exemption under par. (a).

AB210, s. 87 Section 87. 36.27 (3r) of the statutes is amended to read:

AB210,31,11 36.27 (3r) Fee remissions for funeral assistants. The board shall grant a $25 remission of nonresident tuition or academic fees to any student enrolled in the system as an undergraduate for each valid voucher issued to the student under s. 45.19 (3) 45.60 (3).

AB210, s. 88 Section 88. 38.24 (6) of the statutes is amended to read:

AB210,31,15 38.24 (6) Fee remissions for funeral assistants. The district board shall grant a $25 remission of fees under subs. (1m) and (3) to a student for each valid voucher issued to the student under s. 45.19 (3) 45.60 (3).

AB210, s. 89 Section 89. Subchapter V (title) of chapter 39 [precedes 39.90] of the statutes is created to read:

AB210,31,18 chapter 39

AB210,31,19 Subchapter v

AB210,31,20 educational approval board

AB210, s. 90 Section 90. 39.90 of the statutes is created to read:

AB210,31,23 39.90 Educational approval board. (1) Definitions. In this section, unless the context clearly requires otherwise:

AB210,31,24 (a) "Board" means the educational approval board.

AB210,32,3 (b) "Course" means an organized unit of subject matter in which instruction is offered within a given period of time or that covers a specified amount of related subject matter.

AB210,32,6 (c) "Course of instruction" means a series of classroom or correspondence courses having a unified purpose which lead to a diploma or degree or to an occupational or vocational objective.

AB210,32,8 (d) "Person" means any individual, partnership, association, corporation, or limited liability company, or any combination of these.

AB210,32,10 (e) "School" means any private trade, correspondence, business, or technical school, but does not include any of the following:

AB210,32,14 1. In-state schools that are exempt from taxation under section 501 of the Internal Revenue Code and that either were incorporated in this state prior to January 1, 1992, or had their administrative headquarters and principal places of business in this state prior to 1970.

AB210,32,15 2. Schools that are supported mainly by taxes.

AB210,32,17 3. Schools of a parochial or denominational character offering courses having a sectarian objective.

AB210,32,19 4. Schools primarily offering instruction avocational or recreational in nature and not leading to a vocational objective.

AB210,32,20 5. Courses conducted by employers exclusively for their employees.

AB210,32,22 6. Schools, courses of instruction, and training programs that are approved or licensed and supervised by other state agencies and boards.

AB210,32,24 7. Schools approved by the department of public instruction for the training of teachers.

AB210,32,25 8. Schools accredited by accrediting agencies recognized by the board.

AB210,33,4 (f) "Solicitor" means a person employed by or representing a school located either within or outside this state that, in places other than the actual business premises of the school, personally attempts to secure the enrollment of a student in the school.

AB210,33,6 (g) "Teaching location" means the area and facilities designated for use by a school required to be approved by the board under this section.

AB210,33,13 (2) Responsibilities. The board shall protect the general public by inspecting and approving private trade, correspondence, business, and technical schools doing business within this state, whether located within or outside this state, changes of ownership or control of the schools, teaching locations used by the schools, and courses of instruction offered by the schools and regulate the soliciting of students for correspondence or classroom courses and courses of instruction offered by the schools.

AB210,33,15 (3) Rule-making power. The board shall promulgate rules and establish standards necessary to administer this section.

AB210,33,21 (4) 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 responsibilities. 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 of veterans affairs.

AB210,34,2 (5) Approval of schools generally. To protect students, prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction, and encourage schools to maintain courses and courses of instruction consistent in quality, content, and length with generally accepted educational standards, the board shall do all of the following:

AB210,34,5 (a) Investigate the adequacy of courses and courses of instruction offered by schools to residents of this state and establish minimum standards for those courses of instruction.

AB210,34,8 (b) Investigate the adequacy of schools' facilities, equipment, instructional materials, and instructional programs and establish minimum standards for those facilities, equipment, materials, and programs.

AB210,34,10 (c) Establish rules, standards, and criteria to prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction.

AB210,34,12 (d) Promulgate rules restricting the negotiability of promissory instruments received by schools in payment of tuition and other charges.

AB210,34,15 (e) Establish minimum standards for refund of the unused portion of tuition, fees, and other charges if a student does not enter a course or course of instruction or withdraws or is discontinued from the course.

AB210,34,20 (f) Require schools offering courses and courses of instruction to residents of this state to furnish information concerning their facilities, curricula, instructors, enrollment policies, tuition and other charges and fees, refund policies, and policies concerning negotiability of promissory instruments received in payment of tuition and other charges.

AB210,34,24 (g) Approve courses of instruction, schools, changes of ownership or control of schools, and teaching locations meeting the requirements and standards established by the board and complying with rules promulgated by the board and publish a list of the schools and courses of instruction approved.

AB210,34,25 (h) Issue permits to solicitors when all board requirements have been met.

AB210,35,2 (i) Require schools to furnish a surety bond in an amount as provided by rule of the board.

AB210,35,9 (6) Soliciting of students. (a) In general. No solicitor representing any school offering any course or course of instruction shall sell any course or course of instruction or solicit students for a course or course of instruction in this state for a consideration or remuneration, except upon the actual business premises of the school, unless the solicitor first secures a solicitor's permit from the board. If the solicitor represents more than one school, a separate permit shall be obtained for each school the solicitor represents.

AB210,36,7 (b) Solicitor's permit. The application for a solicitor's permit shall be made on a form furnished by the board and shall be accompanied by a fee and a surety bond acceptable to the board in the sum of $2,000. The board shall, by rule, specify the amount of the fee for a solicitor's permit. The bond may be continuous and shall be conditioned to provide indemnification to any student suffering loss as the result of any fraud or misrepresentation used in procuring his or her enrollment or as a result of the failure of the school to perform faithfully the agreement the solicitor made with the student, and may be supplied by the solicitor or by the school itself either as a blanket bond covering each of its solicitors in the amount of $2,000 or the surety bond under sub. (5) (i). Upon approval of a permit, the board shall issue an identification card to the solicitor giving his or her name and address, the name and address of the employing school, and certifying that the person whose name appears on the card is authorized to solicit students for the school. A permit shall be valid for one year from the date issued. Liability under this paragraph of the surety on the bond for each solicitor covered by the bond shall not exceed the sum of $2,000 as an aggregate for any and all students for all breaches of the conditions of the bond. The surety of a bond may cancel the bond upon giving 30 days' notice in writing to the board and shall be relieved of liability under this paragraph upon giving the notice for any breach of condition occurring after the effective date of the cancellation. An application for renewal shall be accompanied by a fee, a surety bond acceptable to the board in the sum of $2,000 if a continuous bond has not been furnished, and such information as the board requests of the applicant. The board shall, by rule, specify the amount of the fee for renewal of a solicitor's permit.

AB210,36,10 (c) Refusal or revocation of permit. The board may refuse to issue or renew, or may revoke, any solicitor's permit upon one or any combination of the following grounds:

AB210,36,12 1. Willful violation of this subsection or any rule promulgated by the board under this section.

AB210,36,13 2. Furnishing false, misleading, or incomplete information to the board.

AB210,36,15 3. Presenting information to prospective students relating to the school, a course, or a course of instruction that is false, fraudulent, or misleading.

AB210,36,17 4. Refusal by the school to be represented to allow reasonable inspection or to supply information after written request therefor by the board.

AB210,36,20 5. Failure of the school which the solicitor represents to meet requirements and standards established by and to comply with rules promulgated by the board under sub. (5).

AB210,36,21 6. Cancellation of the solicitor's bond by surety.

AB210,36,23 7. Subject to ss. 111.321, 111.322, and 111.335, the applicant has an arrest or conviction record.

AB210,37,3 (d) Notice of refusal to issue or renew permit. Notice of refusal to issue or renew a permit or of the revocation of a permit shall be sent by registered mail to the last address of the applicant or permit holder shown in the records of the board. Revocation of a permit shall be effective 10 days after the notice of revocation has been mailed to the permit holder.

AB210,37,10 (e) Request for appearance. Within 20 days of the receipt of notice of the board's refusal to issue or renew a permit or of the revocation of a permit, the applicant or holder of the permit may request permission to appear before the board in person, with or without counsel, to present reasons why the permit should be issued, renewed, or reinstated. Upon receipt of a request, the board shall grant a hearing to the applicant or holder of the permit within 30 days giving that person at least 10 days' notice of the date, time, and place.

AB210,37,14 (f) Recovery by students. The bond in force under par. (b) shall not limit or impair any right of recovery otherwise available under law, nor shall the amount of the bond be relevant in determining the amount of damages or other relief to which any plaintiff may be entitled.

AB210,37,18 (g) Recovery on contracts. No recovery shall be had by any school or its assignee on any contract for or in connection with a course or course of instruction if the representative who sold or solicited the course was not the holder of a solicitor's permit under this subsection at the time of the sale or solicitation.

AB210,37,20 (h) Enforcement. The attorney general or any district attorney may bring an action in circuit court for the enforcement of this subsection.

AB210,37,22 (i) Penalty. Whoever violates this subsection may be fined not more than $500 or imprisoned not more than 3 months or both.

AB210,38,7 (7) Proprietary school approval. (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 considers 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) (gm).

AB210,38,14 (b) Application. Application for initial approval of a school or a course of instruction, approval of a teaching location, change of ownership, or control of a school, renewal of approval of a school or reinstatement of approval of a school or course of instruction that has been revoked shall be made on a form furnished by the board and shall be accompanied by a fee set by the board under par. (c) and any other information as the board considers necessary to evaluate the school in carrying out the purpose of this section.

AB210,38,17 (c) Fees; rule making. The board shall promulgate rules to establish the fees paid to the board. In promulgating rules to establish the fees, the board shall do all of the following:

AB210,38,20 1. Require that the amount of fees collected under this paragraph be sufficient to cover all costs that the board incurs in examining and approving proprietary schools under this subsection.

AB210,38,22 2. Give consideration to establishing a variable fee structure based on the size of a proprietary school.

AB210,38,23 3. Specify a fee to accompany all applications under par. (b).

AB210,38,24 4. Specify a student protection fee.

AB210,39,3 (cm) Limit on student protection fee. The board shall discontinue collecting annual student protection fees under par. (c) 4. during the period that the balance in the fund created by those fees exceeds $1,000,000.

AB210,39,6 (d) Enforcement. The attorney general or any district attorney may bring an action in circuit court for the enforcement of this subsection, including bringing an action to restrain by temporary or permanent injunction any violation of par. (a).

AB210,39,9 (e) Penalties. Any person who violates par. (a) may be required to forfeit not more than $500. Each day of operation in violation of par. (a) constitutes a separate offense.

AB210,39,13 (f) Other remedies. In addition to any other remedies provided by law, a student who attends a school that is in violation of par. (a) may bring a civil action to recover fees paid to the school in violation of par. (a) together with costs and disbursements, including reasonable attorney fees.

AB210, s. 91 Section 91. 40.05 (4g) (a) 4. of the statutes is amended to read:

AB210,39,19 40.05 (4g) (a) 4. Has received a military leave of absence under s. 230.32 (3) (a) or 230.35 (3), under a collective bargaining agreement under subch. V of ch. 111 or under rules promulgated by the director of the office of state employment relations or is eligible for reemployment with the state under s. 45.50 21.79 after completion of his or her service in the U.S. armed forces.

AB210, s. 92 Section 92. Chapter 45 of the statutes is repealed and recreated to read:

AB210,39,21 CHAPTER 45

AB210,39,22 veterans