2011 Wisconsin Act 32

13.94 (1) (ms) No later than July 1, 2014, prepare a financial and performance evaluation audit of the economic development tax benefit program under ss. 560.701 to 560.706 238.301 to 238.306. The legislative audit bureau shall file a copy of the report of the audit under this paragraph with the distributees specified in par. (b).

32,68 Section 68. 13.94 (1) (n) of the statutes is amended to read:

13.94 (1) (n) Provide periodic performance audits of any division of the department of commerce safety and professional services that is responsible for inspections of multifamily housing under s. 101.973 (11).

32,73 Section 73. 14.165 (2) of the statutes is amended to read:

14.165 (2) Recommendations. The department of administration, department of commerce safety and professional services, and public service commission shall make recommendations to the governor for awards under sub. (1).

32,74 Section 74. 14.57 of the statutes is renumbered 15.105 (25m), and 15.105 (25m) (intro.) and (a), as renumbered, are amended to read:

15.105 (25m) Same; attached boards College savings program board. (intro.) There is created a college savings program board that is attached to the office of the state treasurer department of administration under s. 15.03 and that consists of all of the following members:

(a) The state treasurer secretary of administration or his or her designee.

32,74m Section 74m. 14.58 (20) of the statutes is repealed.

32,75 Section 75. 14.63 of the statutes is renumbered 16.64, and 16.64 (2) (intro.) and (b), (3) (a), (c) and (d), (4), (5) (b) (intro.), (6) (a) 5. and (b), (7) (a) (intro.), 4. and 5. and (b), (7m) (a) (intro.), (b) and (c), (9), (10) (a) and (b), (12) (title), (a) (intro.) and (b) (intro.) and (13), as renumbered, are amended to read:

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

(b) The price of a tuition unit, which shall be valid for a period determined jointly by the state treasurer department and the board. The price shall be sufficient to ensure the ability of the state treasurer department to meet his or her its 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.

(3) (a) An individual, trust, legal guardian, or entity described under 26 USC 529 (e) (1) (C) may enter into a contract with the state treasurer department for the sale of tuition units on behalf of a beneficiary.

(c) The state treasurer department may charge a purchaser an enrollment fee.

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

(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, or may authorize a parent, grandparent, great-grandparent, aunt, or uncle of the beneficiary to purchase tuition units, except that the total number of tuition units purchased on behalf of a single beneficiary may not exceed the number necessary to cover tuition, fees and the costs of room and board, books, supplies and equipment required for enrollment or attendance of the beneficiary at an institution of higher education.

(5) (b) (intro.) Upon request by the beneficiary, the state treasurer department shall pay to the institution or beneficiary, whichever is appropriate, in each semester of attendance the lesser of the following:

(6) (a) 5. Other circumstances determined by the state treasurer department to be grounds for termination.

(b) The state treasurer department may 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.

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

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 state treasurer department.

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 state treasurer department on behalf of the beneficiary during the semester in which the beneficiary is enrolled.

(b) The state treasurer department shall determine the method and schedule for the payment of refunds under this subsection.

(7m) (a) (intro.) The state treasurer department 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:

(b) The state treasurer department 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.

(c) The state treasurer department may promulgate rules imposing or increasing penalties for refunds under sub. (7) (a) if the state treasurer department 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).

(9) Contract with actuary. The state treasurer department 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 state treasurer department under this section and to advise the state treasurer department on setting the price of a tuition unit under sub. (2) (b).

(10) (a) Annually, the state treasurer department 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 state treasurer department determines are necessary to ensure the sufficiency of the tuition trust fund to meet the state treasurer's department's obligations under this section.

(b) The state treasurer department 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 state treasurer department in his or her its quarterly reports. All income derived from such investments shall be credited to the fund.

(12) (title) Additional duties and powers of the state treasurer. (a) (intro.) The state treasurer department shall do all of the following:

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

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

32,76 Section 76. 14.64 of the statutes is renumbered 16.641, and 16.641 (2) (g) and (3) (a) 1., as renumbered, are amended to read:

16.641 (2) (g) Ensure that if the department of administration changes vendors, the balances of college savings accounts are promptly transferred into investment instruments as similar to the original investment instruments as possible.

(3) (a) 1. Contribute to a college savings account or authorize a parent, grandparent, great-grandparent, aunt, or uncle of the beneficiary to contribute to the account.

32,77 Section 77. 14.65 of the statutes is renumbered 16.642 and amended to read:

16.642 Repayment to the general fund. (1) The secretary of administration shall transfer from the tuition trust fund, the college savings program trust fund, the college savings program bank deposit trust fund, or the college savings program credit union deposit trust fund to the general fund an amount equal to the amount expended from the appropriations under s. 20.505 (9) (a), 1995 stats., s. 20.585 (2) (a), 2001 stats., and s. 20.585 (2) (am), 2001 stats., when the secretary of administration determines that funds in those trust funds are sufficient to make the transfer. The secretary of administration may make the transfer in installments.

(2) Annually, by June 1, the state treasurer secretary shall submit a report to the secretary of administration and the joint committee on finance on the amount available for repayment under sub. (1), the amount repaid under sub. (1), and the outstanding balance under sub. (1).

32,79 Section 79. 14.85 (2) of the statutes is amended to read:

14.85 (2) The secretary of commerce, the secretary of tourism, the secretary of natural resources, the secretary of transportation, and the director of the historical society, or their designees, shall serve as nonvoting members of the commission.

32,80 Section 80. 14.85 (8) (d) of the statutes is amended to read:

14.85 (8) (d) If permitted by law, any state agency or local public body, board, commission or agency may allocate funds under its control to fund programs recommended by the commission. If the department of commerce determines that a program recommended by the commission to undertake activities relating to the promotion of economic development is consistent with the department's statewide economic development plans, priorities and resources, the department shall have primary responsibility to support the activities of the program. If the department of tourism determines that a program recommended by the commission to undertake activities relating to the promotion of tourism is consistent with the department's statewide tourism marketing plans, priorities, and resources, the department shall have primary responsibility to support the activities of the program.

32,81 Section 81. 14.85 (9) of the statutes is amended to read:

14.85 (9) The commission may establish a technical committee to advise the commission. The members of the committee shall include at least one employee each from the department of transportation, and the department of tourism and the department of commerce. The commission shall request the department of transportation, and the department of tourism and the department of commerce to designate employees to serve on the committee and may request any other state agency to designate an employee to serve on the committee.

32,83 Section 83. 15.01 (6) of the statutes is amended to read:

15.01 (6) "Division," "bureau," "section" and "unit" means the subunits of a department or an independent agency, whether specifically created by law or created by the head of the department or the independent agency for the more economic and efficient administration and operation of the programs assigned to the department or independent agency. The office of justice assistance in the department of administration, the office of energy independence in the department of administration, the office of the Wisconsin Covenant Scholars Program in the department of administration, and the office of credit unions in the department of financial institutions have the meaning of "division" under this subsection. The office of the long-term care ombudsman under the board on aging and long-term care and the office of educational accountability in the department of public instruction have the meaning of "bureau" under this subsection.

32,84 Section 84. 15.02 (3) (c) 1. of the statutes is amended to read:

15.02 (3) (c) 1. The principal subunit of the department is the "division". Each division shall be headed by an "administrator". The office of justice assistance in the department of administration, the office of the Wisconsin Covenant Scholars Program in the department of administration, and the office of credit unions in the department of financial institutions have the meaning of "division" and the executive staff director of the office of justice assistance in the department of administration, the director of the office of the Wisconsin Covenant Scholars Program in the department of administration, and the director of credit unions have the meaning of "administrator" under this subdivision.

32,86 Section 86. 15.07 (1) (b) 8. of the statutes is repealed.

32,87 Section 87. 15.07 (1) (cm) of the statutes is amended to read:

15.07 (1) (cm) The term of one member of the government accountability board shall expire on each May 1. The terms of 3 members of the economic policy board appointed under s. 15.155 (2) (a) 4. shall expire on May 1 of every even-numbered year and the terms of the other 3 members appointed under s. 15.155 (2) (a) 4. shall expire on May 1 of every odd-numbered year. The terms of the 3 members of the land and water conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1. The term of the member of the land and water conservation board appointed under s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered year. The terms of members of the real estate board shall expire on July 1. The terms of the appraiser members of the real estate appraisers board and the terms of the auctioneer and auction company representative members of the auctioneer board shall expire on May 1 in an even-numbered year. The terms of the members of the cemetery board shall expire on July 1 in an even-numbered year. The term of the student member of the Board of Regents of the University of Wisconsin System who is at least 24 years old shall expire on May 1 of every even-numbered year.

32,88 Section 88. 15.07 (1) (cs) of the statutes is amended to read:

15.07 (1) (cs) No member of the auctioneer board, cemetery board, or real estate appraisers board, or real estate board may be an officer, director, or employee of a private organization that promotes or furthers any profession or occupation regulated by that board.

32,89 Section 89. 15.07 (3) (b) of the statutes is amended to read:

15.07 (3) (b) Except as provided in par. (bm), each board not covered under par. (a) shall meet annually, and may meet at other times on the call of the chairperson or a majority of its members. The auctioneer board, the cemetery board, the real estate board, and the real estate appraisers board shall also meet on the call of the secretary of regulation and licensing safety and professional services or his or her designee within the department.

32,90 Section 90. 15.07 (5) (r) of the statutes is repealed.

32,91 Section 91. 15.08 (1m) (c) of the statutes is amended to read:

15.08 (1m) (c) The membership of each examining board and examining council created in the department of regulation and licensing safety and professional services after June 1, 1975, shall be increased by one member who shall be a public member appointed to serve for the same term served by the other members of such examining board or examining council, unless the act relating to the creation of such examining board or examining council provides that 2 or more public members shall be appointed to such examining board or examining council.

32,91m Section 91m. 15.103 (5) of the statutes is created to read:

15.103 (5) Division of enterprise technology. There is created in the department of administration a division of enterprise technology.

32,92 Section 92. 15.105 (12) (a) 1. of the statutes is amended to read:

15.105 (12) (a) 1. The secretary of transportation, the secretary of agriculture, trade and consumer protection and the secretary of commerce safety and professional services or their formally appointed designees.

32,94 Section 94. 15.105 (30) of the statutes is repealed.

32,95 Section 95. 15.105 (31) of the statutes is repealed.

32,96 Section 96. 15.105 (32) of the statutes is created to read:

15.105 (32) Office of business development. There is created an office of business development which is attached to the department of administration under s. 15.03. The office shall be under the direction and supervision of a director who shall be appointed by the governor to serve at his or her pleasure.

32,97 Section 97. 15.107 (2) of the statutes is amended to read:

15.107 (2) Council on small business, veteran-owned business and minority business opportunities. There is created in the department of administration a council on small business, veteran-owned business and minority business opportunities consisting of 13 members, appointed by the secretary of administration for 3-year terms, with representation as follows: at least 2 shall be owners or employees of small businesses at least 51% owned by one or more members of a racial minority group; at least one shall be an owner or employee of a small business at least 51% owned by one or more handicapped persons; at least one shall be an owner or employee of a small business operated on a nonprofit basis for the rehabilitation of disabled persons; at least 2 shall be owners or employees of veteran-owned businesses, as defined in s. 16.75 (4) (d); at least one shall be a representative of the department of commerce safety and professional services; and at least one shall be a consumer member. No member may serve for more than 2 consecutive full terms. The secretary of administration, or a department employee who is the secretary's designee, shall serve as the council's nonvoting secretary.

32,98 Section 98. 15.107 (16) (b) 3. of the statutes is amended to read:

15.107 (16) (b) 3. The secretary of commerce safety and professional services.

32,99 Section 99. 15.137 (2) (a) 3m. of the statutes is amended to read:

15.137 (2) (a) 3m. The secretary of commerce chief executive officer of the Wisconsin Economic Development Corporation or his or her designee.

32,101 Section 101. 15.145 (5) (intro.) of the statutes is amended to read:

15.145 (5) Council on offender reentry. (intro.) There is created a council on offender reentry which is attached to the department of corrections under s. 15.03, which shall have the duties, responsibilities, and powers set forth under s. 301.095. The council shall consist of 22 members, and the appointed members shall serve for 2-year terms and may be appointed for a maximum of 2 consecutive terms. The chairperson of the council shall be the secretary of corrections or the reentry director, as decided by the secretary of corrections. The chairperson may appoint subcommittees and the council shall meet no less frequently than 4 times per year at a date and location to be determined by the chairperson. Members of the council shall include the secretary of corrections, or his or her designee; the secretary of workforce development, or his or her designee; the secretary of health services, or his or her designee; the secretary of children and families, or his or her designee; the secretary of commerce, or his or her designee; the secretary of transportation, or his or her designee; the attorney general, or his or her designee; the chairperson of the parole commission, or his or her designee; the state superintendent of public instruction; the reentry director as appointed by the secretary of corrections; a current or former judge, as appointed by the director of state courts; an individual who has been previously convicted of, and incarcerated for, a crime in Wisconsin, as appointed by the secretary of corrections; and the following persons, as appointed by the governor:

32,102 Section 102. 15.15 of the statutes is repealed.

32,103 Section 103. 15.153 (title) of the statutes is repealed.

32,104 Section 104. 15.153 (3) of the statutes is repealed.

32,105 Section 105. 15.153 (4) of the statutes is repealed.

32,106 Section 106. 15.155 (title) of the statutes is repealed.

32,107 Section 107. 15.155 (2) of the statutes is repealed.

32,108 Section 108. 15.155 (4) of the statutes is repealed.

32,109 Section 109. 15.155 (5) of the statutes is renumbered 15.105 (33) and amended to read:

15.105 (33) Small business regulatory review board. There is created a small business regulatory review board, attached to the department of commerce administration under s. 15.03. The board shall consist of a representative of the department of administration; a representative of the department of agriculture, trade and consumer protection; a representative of the department of children and families; a representative of the department of commerce; a representative of the department of health services; a representative of the department of natural resources; a representative of the department of regulation and licensing safety and professional services; a representative of the department of revenue; a representative of the department of workforce development; 6 representatives of small businesses, as defined in s. 227.114 (1), who shall be appointed for 3-year terms; and the chairpersons of one senate and one assembly committee concerned with small businesses, appointed as are members of standing committees. The representatives of the departments shall be selected by the secretary of that department.

32,110 Section 110. 15.155 (6) of the statutes is renumbered 15.405 (1m), and 15.405 (1m) (a) (intro.), 3. and 5., as renumbered, are amended to read:

15.405 (1m) (a) (intro.) There is created a building inspector review board which is attached to the department of commerce safety and professional services under s. 15.03 that consists of the following members:

3. The secretary of commerce safety and professional services or his or her designee.

5. A building inspector certified by the department of commerce safety and professional services, to inspect public buildings, places of employment, or one-family and two-family dwellings.

32,111 Section 111. 15.157 (title) of the statutes is repealed.

32,112 Section 112. 15.157 (3) of the statutes is renumbered 15.407 (10) and amended to read: