(b) 1. Marquette University has secured additional funding 25
commitments of at least $15,000,000 $23,000,000
from nonstate revenue sources,
the nonstate revenue sources are reasonable and available and the total funding 2
commitments of the state and the nonstate sources will permit Marquette University 3
to enter into contracts for the construction of the dental clinic and education facility.
13.48 (40m) Lac du Flambeau Indian Tribal Cultural Center.
(a) The 6
legislature finds and determines that the Lac du Flambeau Band of Lake Superior 7
Chippewa has played a vital part in the course of Wisconsin history and has 8
contributed in countless and significant ways to the cultural richness and diversity 9
of this state. Moreover, the legislature finds and determines that Wisconsin citizens, 10
including students, can benefit from learning more about the history and the culture 11
of the Lac du Flambeau Band of Lake Superior Chippewa. It is therefore in the public 12
interest, and it is the public policy of this state, to assist the Lac du Flambeau Band 13
of Lake Superior Chippewa in the construction of a tribal cultural center.
(b) The building commission may authorize up to $250,000 in general fund 15
supported borrowing to aid in the construction of a tribal cultural center for the Lac 16
du Flambeau Band of Lake Superior Chippewa. The state funding commitment shall 17
be in the form of a grant to the Lac du Flambeau Band of Lake Superior Chippewa. 18
Before approving any state funding commitment under this paragraph, the building 19
commission shall determine that the Lac du Flambeau Band of Lake Superior 20
Chippewa has secured at least $1,373,000 in additional funding from nonstate 21
donations for the project.
(c) If the building commission authorizes a grant to the Lac du Flambeau Band 23
of Lake Superior Chippewa under par. (b) and if, for any reason, the facility that is 24
constructed with funds from the grant is not used as a tribal cultural center, the state
shall retain an ownership interest in the facility equal to the amount of the state's 2
13.48 (40p) National Soldiers Home Historic District.
(a) The legislature 5
finds and determines that Wisconsin veterans have performed an invaluable service 6
for this country and for this state. It is therefore in the public interest, and it is the 7
public policy of this state, to improve facilities that provide care, outreach, 8
counseling, and other assistance to state veterans, especially its homeless veterans, 9
and this need is a statewide public concern.
(b) The building commission may authorize up to $2,000,000 in general fund 11
supported borrowing to aid in the construction or restoration of veterans facilities at 12
the National Soldiers Home Historic District in Milwaukee. The grant shall be paid 13
from the appropriation under s. 20.866 (2) (z). The state funding commitment shall 14
be in the form of a grant to the Soldiers Home Foundation, Inc. Before approving any 15
state funding commitment under this paragraph, the building commission shall 16
determine that the Soldiers Home Foundation, Inc., has secured at least $2,000,000 17
in additional funding from nonstate donations for the project.
(c) If the building commission authorizes a grant to the Soldiers Home 19
Foundation, Inc., under par. (b) and if, for any reason, any facility that is constructed 20
or restored with funds from the grant is not used as a veterans facility, the state shall 21
retain an ownership interest in the facility equal to the amount of the state's grant.
AB40-ASA1, s. 59
13.489 (1m) (f) of the statutes is created to read:
(f) This subsection does not apply to major highway projects 24
described in s. 84.013 (1) (a) 2m.
AB40-ASA1, s. 60
13.489 (4) (d) of the statutes is created to read:
(d) This subsection does not apply to major highway projects 2
described in s. 84.013 (1) (a) 2m.
13.489 (4m) Review of high-cost major highway projects.
Notwithstanding sub. (4), for any major highway project described in s. 84.013 (1) (a) 6
2m., the department of transportation shall submit a report to the commission, prior 7
to construction of the project, which report may request the commission's approval 8
to proceed with the project. The department may submit this request at any time 9
following completion by the department of a draft environmental impact statement 10
or environmental assessment for the project.
(b) After receiving a request under par. (a) for approval to proceed with a major 12
highway project described in s. 84.013, the commission shall meet to approve, 13
approve with modifications, or disapprove the request. The department may 14
implement the request only as approved by the commission, including approval after 15
modification by the commission.
(c) The department of transportation may not proceed with construction of a 17
major highway project described in s. 84.013 (1) (a) 2m. unless the project is approved 18
by the commission as provided in par. (b).
(d) The procedures specified in this subsection shall apply to all major highway 20
projects described in s. 84.013 (1) (a) 2m. in lieu of the procedures described in sub. 21
This section does not apply to the solicitation, acceptance, or 24
furnishing of anything of pecuniary value by the department of commerce Wisconsin
25Economic Development Corporation
, or to a principal furnishing anything of
pecuniary value to the department of commerce
Wisconsin Economic Development
, under s. 19.56 (3) (e) or (f) for the activities specified in s. 19.56 (3) (e).
AB40-ASA1, s. 65
13.94 (1) (dp) of the statutes is created to read:
(dp) In addition to any other audit to be performed under this section 5
relating to veterans homes, perform one or more financial audits of the operation of 6
the Wisconsin Veterans Home at Chippewa Falls by any private entity with which 7
the department of veterans affairs enters into an agreement under s. 45.50 (2m) (c). 8
The audit shall be performed at such time as the governor or legislature directs.
(mm) No later than July 1, 2012, prepare a financial and performance 12
evaluation audit of the economic development programs administered by the
13department of commerce,
the University of Wisconsin System, the department of 14
agriculture, trade and consumer protection, the department of natural resources, the 15
Wisconsin Housing and Economic Development Authority, the Wisconsin Economic 16
Development Corporation, the department of tourism, the technical college system, 17
and the department of transportation. In this paragraph, economic development 18
program has the meaning given in s. 560.001 (1m)
. The legislative audit 19
bureau shall file a copy of the report of the audit under this paragraph with the 20
distributees specified in par. (b).
AB40-ASA1, s. 67
13.94 (1) (ms) of the statutes is amended to read:
(ms) No later than July 1, 2014, prepare a financial and performance 23
evaluation audit of the economic development tax benefit program under ss. 560.701
24to 560.706 238.301 to 238.306
. The legislative audit bureau shall file a copy of the 25
report of the audit under this paragraph with the distributees specified in par. (b).
(n) Provide periodic performance audits of any division of the 3
department of commerce safety and professional services
that is responsible for 4
inspections of multifamily housing under s. 101.973 (11).
14.165 (2) Recommendations.
The department of administration, department
of commerce safety and professional services,
and public service commission shall 8
make recommendations to the governor for awards under sub. (1).
AB40-ASA1, s. 74
14.57 of the statutes is renumbered 15.105 (25m), and 15.105 10
(25m) (intro.) and (a), as renumbered, are amended to read:
15.105 (25m) Same; attached boards College savings program board.
There is created a college savings program board that is attached to the office of the
13state treasurer department of administration
under s. 15.03 and that consists of all 14
of the following members:
(a) The state treasurer secretary of administration
or his or her designee.
AB40-ASA1, s. 75
14.63 of the statutes is renumbered 16.64, and 16.64 (2) (intro.) 18
and (b), (3) (a), (c) and (d), (4), (5) (b) (intro.), (6) (a) 5. and (b), (7) (a) (intro.), 4. and 19
5. and (b), (7m) (a) (intro.), (b) and (c), (9), (10) (a) and (b), (12) (title), (a) (intro.) and 20
(b) (intro.) and (13), as renumbered, are amended to read:
16.64 (2) Weighted average tuition; tuition unit cost.
(intro.) Annually, the 22state 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 24
jointly by the state treasurer department
and the board. The price shall be sufficient 25
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 2
the value of the tuition unit in the anticipated academic year of its use will be equal 3
to 1% of the weighted average tuition for that academic year plus the costs of 4
administering the program under this section attributable to the unit.
(a) An individual, trust, legal guardian, or entity described under 26 USC
(e) (1) (C) may enter into a contract with the state treasurer department
for the 7
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 10
person who has entered into a contract under this subsection to change the 11
beneficiary named in the contract.
12(4) Number of tuition units purchased.
A person who enters into a contract 13
under sub. (3) may purchase tuition units at any time and in any number, or may
14authorize a parent, grandparent, great-grandparent, aunt, or uncle of the
15beneficiary to purchase tuition units,
except that the total number of tuition units 16
purchased on behalf of a single beneficiary may not exceed the number necessary to 17
cover tuition, fees and the costs of room and board, books, supplies and equipment 18
required for enrollment or attendance of the beneficiary at an institution of higher 19
(b) (intro.) Upon request by the beneficiary, the state treasurer department 21
shall pay to the institution or beneficiary, whichever is appropriate, in each semester 22
of attendance the lesser of the following:
(a) 5. Other circumstances determined by the state treasurer department 24
to be grounds for termination.
(b) The state treasurer department
may terminate a contract under sub. (3) if 2
any of the tuition units purchased under the contract remain unused 10 years after 3
the anticipated academic year of the beneficiary's initial enrollment in an institution 4
of higher education, as specified in the contract.
(a) (intro.) Except as provided in sub. (7m), the state treasurer department 6
shall do all of the following:
4. If a contract is terminated under sub. (6) (a) 5., refund to the person who 8
entered into the contract the amount under subd. 2. or under subd. 3., as determined 9
by the state treasurer department
5. If the beneficiary is awarded a scholarship, tuition waiver or similar subsidy 11
that cannot be converted into cash by the beneficiary, refund to the person who 12
entered into the contract, upon the person's request, an amount equal to the value 13
of the tuition units that are not needed because of the scholarship, waiver or similar 14
subsidy and that would otherwise have been paid by the state treasurer department 15
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 17
for the payment of refunds under this subsection.
(a) (intro.) The state treasurer
may adjust the value of a 19
tuition unit based on the actual earnings attributable to the tuition unit less the costs 20
of administering the program under this section that are attributable to the tuition 21
unit if any of the following applies:
(b) The state treasurer department
may not increase the value of a tuition unit 23
under par. (a) to an amount that exceeds the value of a tuition unit that was 24
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 2
(c) The state treasurer department
may promulgate rules imposing or 4
increasing penalties for refunds under sub. (7) (a) if the state treasurer department 5
determines that such rules are necessary to maintain the status of the program 6
under this section as a qualified state tuition program under section 529
of the 7
Internal Revenue Code, as defined in s. 71.01 (6).
8(9) Contract with actuary.
The state treasurer department
shall contract 9
with an actuary or actuarial firm to evaluate annually whether the assets in the 10
tuition trust fund are sufficient to meet the obligations of the state treasurer 11department
under this section and to advise the state treasurer department
setting the price of a tuition unit under sub. (2) (b).
(a) Annually, the state treasurer
shall submit a report to the 14
governor, and to the appropriate standing committees of the legislature under s. 15
13.172 (3), on the program under this section. The report shall include any 16
recommendations for changes to the program that the state treasurer department 17
determines are necessary to ensure the sufficiency of the tuition trust fund to meet 18
the state treasurer's department's
obligations under this section.
(b) The state treasurer department
shall submit a quarterly report to the state 20
investment board projecting the future cash flow needs of the tuition trust fund. The 21
state investment board shall invest moneys held in the tuition trust fund in 22
investments with maturities and liquidity that are appropriate for the needs of the 23
fund as reported by the state treasurer department
in his or her its
quarterly reports. 24
All income derived from such investments shall be credited to the fund.
(title) Additional duties and powers of the state treasurer.
(a) (intro.) 2
The state treasurer department
shall do all of the following:
(b) (intro.) The state treasurer department
may do any of the following:
4(13) Program termination.
state treasurer department
determines that 5
the program under this section is financially infeasible, the state treasurer 6department
shall discontinue entering into contracts under sub. (3) and discontinue 7
selling tuition units under sub. (4).
AB40-ASA1, s. 76
14.64 of the statutes is renumbered 16.641, and 16.641 (2) (g) and 9
(3) (a) 1., as renumbered, are amended to read:
(g) Ensure that if the department of administration
vendors, the balances of college savings accounts are promptly transferred into 12
investment instruments as similar to the original investment instruments as 13
(a) 1. Contribute to a college savings account
or authorize a parent,
15grandparent, great-grandparent, aunt, or uncle of the beneficiary to contribute to
AB40-ASA1, s. 77
14.65 of the statutes is renumbered 16.642 and amended to read:
1816.642 Repayment to the general fund.
The secretary of
shall transfer from the tuition trust fund, the college savings 20
program trust fund, the college savings program bank deposit trust fund, or the 21
college savings program credit union deposit trust fund to the general fund an 22
amount equal to the amount expended from the appropriations under s. 20.505 (9) 23
(a), 1995 stats., s. 20.585 (2) (a), 2001 stats., and s. 20.585 (2) (am), 2001 stats., when 24
the secretary of administration
determines that funds in those trust funds are
sufficient to make the transfer. The secretary of administration
may make the 2
transfer in installments.
Annually, by June 1, the state treasurer secretary
shall submit a report to 4the secretary of administration and
the joint committee on finance on the amount 5
available for repayment under sub. (1), the amount repaid under sub. (1), and the 6
outstanding balance under sub. (1).
The secretary of commerce, the
secretary of tourism, the secretary of 9
natural resources, the secretary of transportation,
and the director of the historical 10
society, or their designees, shall serve as nonvoting members of the commission.
AB40-ASA1, s. 80
14.85 (8) (d) of the statutes is amended to read:
(d) If permitted by law, any state agency or local public body, board,
13commission or agency may allocate funds under its control to fund programs
14recommended by the commission. If the department of commerce determines that
15a program recommended by the commission to undertake activities relating to the
16promotion of economic development is consistent with the department's statewide
17economic development plans, priorities and resources, the department shall have
18primary responsibility to support the activities of the program.
If the department 19
of tourism determines that a program recommended by the commission to undertake 20
activities relating to the promotion of tourism is consistent with the department's 21
statewide tourism marketing plans, priorities,
and resources, the department shall 22
have primary responsibility to support the activities of the program.
The commission may establish a technical committee to advise the 25
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
2department of commerce
. The commission shall request the department of 3
the department of tourism and the department of commerce
designate employees to serve on the committee and may request any other state 5
agency to designate an employee to serve on the committee.
"Commission" means a 3-member governing body in charge of a 8
department or independent agency or of a division or other subunit within a 9
department, except for the Wisconsin waterways commission which shall consist of 10
5 members and the earned release review parole
commission which shall consist of 11
8 members. A Wisconsin group created for participation in a continuing interstate 12
body, or the interstate body itself, shall be known as a "commission", but is not a 13
commission for purposes of s. 15.06. The earned release review parole
created under s. 15.145 (1) shall be known as a "commission", but is not a commission 15
for purposes of s. 15.06.
"Division," "bureau," "section" and "unit" means the subunits of a 18
department or an independent agency, whether specifically created by law or created 19
by the head of the department or the independent agency for the more economic and 20
efficient administration and operation of the programs assigned to the department 21
or independent agency. The office of justice assistance in the department of 22
administration, the office of energy independence in the department of
23administration, the office of the Wisconsin Covenant Scholars Program in the
24department of administration,
and the office of credit unions in the department of 25
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 2
care and the office of educational accountability in the department of public 3
instruction have the meaning of "bureau" under this subsection.
AB40-ASA1, s. 84
15.02 (3) (c) 1. of the statutes is amended to read:
(c) 1. The principal subunit of the department is the "division". Each 6
division shall be headed by an "administrator". The office of justice assistance in the 7
department of administration, the office of the Wisconsin Covenant Scholars
8Program in the department of administration,
and the office of credit unions in the 9
department of financial institutions have the meaning of "division" and the executive 10
staff director of the office of justice assistance in the department of administration,
11the director of the office of the Wisconsin Covenant Scholars Program in the
12department of administration,
and the director of credit unions have the meaning of 13
"administrator" under this subdivision.
15.06 (6) Quorum.
A majority of the membership of a commission constitutes 16
a quorum to do business, except that vacancies shall not prevent a commission from 17
doing business. This subsection does not apply to the earned release review parole 18
AB40-ASA1, s. 87
15.07 (1) (cm) of the statutes is amended to read:
(cm) The term of one member of the government accountability board 22
shall expire on each May 1. The terms of 3 members of the economic policy board
23appointed under s. 15.155 (2) (a) 4. shall expire on May 1 of every even-numbered
24year and the terms of the other 3 members appointed under s. 15.155 (2) (a) 4. shall
25expire 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 2
January 1. The term of the member of the land and water conservation board 3
appointed under s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered 4
year. The terms of members of the real estate board shall expire on July 1.
The terms 5
of the appraiser members of the real estate appraisers board and the terms of the 6
auctioneer and auction company representative members of the auctioneer board 7
shall expire on May 1 in an even-numbered year. The terms of the members of the 8
cemetery board shall expire on July 1 in an even-numbered year. The term of the 9
student member of the Board of Regents of the University of Wisconsin System who 10
is at least 24 years old shall expire on May 1 of every even-numbered year.
AB40-ASA1, s. 88
15.07 (1) (cs) of the statutes is amended to read:
(cs) No member of the auctioneer board, cemetery board, or
real estate 13
appraisers board, or real estate board
may be an officer, director, or employee of a 14
private organization that promotes or furthers any profession or occupation 15
regulated by that board.
AB40-ASA1, s. 89
15.07 (3) (b) of the statutes is amended to read:
(b) Except as provided in par. (bm), each board not covered under par. 18
(a) shall meet annually, and may meet at other times on the call of the chairperson 19
or a majority of its members. The auctioneer board, the cemetery board, the real
and the real estate appraisers board shall also meet on the call of the 21
secretary of regulation and licensing safety and professional services
or his or her 22
designee within the department.
AB40-ASA1, s. 91
15.08 (1m) (c) of the statutes is amended to read:
(c) The membership of each examining board and examining 2
council created in the department of regulation and licensing safety and professional
after June 1, 1975, shall be increased by one member who shall be a public 4
member appointed to serve for the same term served by the other members of such 5
examining board or examining council, unless the act relating to the creation of such 6
examining board or examining council provides that 2 or more public members shall 7
be appointed to such examining board or examining council.
15.103 (5) Division of enterprise technology.
There is created in the 10
department of administration a division of enterprise technology.