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AB40-ASA1,24,1411 15.105 (25m) Same; attached boards College savings program board. (intro.)
12There 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
14of the following members:
AB40-ASA1,24,1515 (a) The state treasurer secretary of administration or his or her designee.
AB40-ASA1, s. 74m 16Section 74m. 14.58 (20) of the statutes is repealed.
AB40-ASA1, s. 75 17Section 75. 14.63 of the statutes is renumbered 16.64, and 16.64 (2) (intro.)
18and (b), (3) (a), (c) and (d), (4), (5) (b) (intro.), (6) (a) 5. and (b), (7) (a) (intro.), 4. and
195. 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:
AB40-ASA1,24,2221 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:
AB40-ASA1,25,423 (b) The price of a tuition unit, which shall be valid for a period determined
24jointly by the state treasurer department and the board. The price shall be sufficient
25to ensure the ability of the state treasurer department to meet his or her its

1obligations under this section. To the extent possible, the price shall be set so that
2the value of the tuition unit in the anticipated academic year of its use will be equal
3to 1% of the weighted average tuition for that academic year plus the costs of
4administering the program under this section attributable to the unit.
AB40-ASA1,25,7 5(3) (a) An individual, trust, legal guardian, or entity described under 26 USC
6529
(e) (1) (C) may enter into a contract with the state treasurer department for the
7sale of tuition units on behalf of a beneficiary.
AB40-ASA1,25,88 (c) The state treasurer department may charge a purchaser an enrollment fee.
AB40-ASA1,25,119 (d) The state treasurer department shall promulgate rules authorizing a
10person who has entered into a contract under this subsection to change the
11beneficiary named in the contract.
AB40-ASA1,25,19 12(4) Number of tuition units purchased. A person who enters into a contract
13under 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
16purchased on behalf of a single beneficiary may not exceed the number necessary to
17cover tuition, fees and the costs of room and board, books, supplies and equipment
18required for enrollment or attendance of the beneficiary at an institution of higher
19education.
AB40-ASA1,25,22 20(5) (b) (intro.) Upon request by the beneficiary, the state treasurer department
21shall pay to the institution or beneficiary, whichever is appropriate, in each semester
22of attendance the lesser of the following:
AB40-ASA1,25,24 23(6) (a) 5. Other circumstances determined by the state treasurer department
24to be grounds for termination.
AB40-ASA1,26,4
1(b) The state treasurer department may terminate a contract under sub. (3) if
2any of the tuition units purchased under the contract remain unused 10 years after
3the anticipated academic year of the beneficiary's initial enrollment in an institution
4of higher education, as specified in the contract.
AB40-ASA1,26,6 5(7) (a) (intro.) Except as provided in sub. (7m), the state treasurer department
6shall do all of the following:
AB40-ASA1,26,97 4. If a contract is terminated under sub. (6) (a) 5., refund to the person who
8entered into the contract the amount under subd. 2. or under subd. 3., as determined
9by the state treasurer department.
AB40-ASA1,26,1510 5. If the beneficiary is awarded a scholarship, tuition waiver or similar subsidy
11that cannot be converted into cash by the beneficiary, refund to the person who
12entered into the contract, upon the person's request, an amount equal to the value
13of the tuition units that are not needed because of the scholarship, waiver or similar
14subsidy and that would otherwise have been paid by the state treasurer department
15on behalf of the beneficiary during the semester in which the beneficiary is enrolled.
AB40-ASA1,26,1716 (b) The state treasurer department shall determine the method and schedule
17for the payment of refunds under this subsection.
AB40-ASA1,26,21 18(7m) (a) (intro.) The state treasurer department may adjust the value of a
19tuition unit based on the actual earnings attributable to the tuition unit less the costs
20of administering the program under this section that are attributable to the tuition
21unit if any of the following applies:
AB40-ASA1,27,222 (b) The state treasurer department may not increase the value of a tuition unit
23under par. (a) to an amount that exceeds the value of a tuition unit that was
24purchased at a similar time, held for a similar period and used or refunded in the

1anticipated academic year of the beneficiary's attendance, as specified in the
2contract.
AB40-ASA1,27,73 (c) The state treasurer department may promulgate rules imposing or
4increasing penalties for refunds under sub. (7) (a) if the state treasurer department
5determines that such rules are necessary to maintain the status of the program
6under this section as a qualified state tuition program under section 529 of the
7Internal Revenue Code, as defined in s. 71.01 (6).
AB40-ASA1,27,12 8(9) Contract with actuary. The state treasurer department shall contract
9with an actuary or actuarial firm to evaluate annually whether the assets in the
10tuition trust fund are sufficient to meet the obligations of the state treasurer
11department under this section and to advise the state treasurer department on
12setting the price of a tuition unit under sub. (2) (b).
AB40-ASA1,27,18 13(10) (a) Annually, the state treasurer department shall submit a report to the
14governor, and to the appropriate standing committees of the legislature under s.
1513.172 (3), on the program under this section. The report shall include any
16recommendations for changes to the program that the state treasurer department
17determines are necessary to ensure the sufficiency of the tuition trust fund to meet
18the state treasurer's department's obligations under this section.
AB40-ASA1,27,2419 (b) The state treasurer department shall submit a quarterly report to the state
20investment board projecting the future cash flow needs of the tuition trust fund. The
21state investment board shall invest moneys held in the tuition trust fund in
22investments with maturities and liquidity that are appropriate for the needs of the
23fund as reported by the state treasurer department in his or her its quarterly reports.
24All income derived from such investments shall be credited to the fund.
AB40-ASA1,28,2
1(12) (title) Additional duties and powers of the state treasurer. (a) (intro.)
2The state treasurer department shall do all of the following:
AB40-ASA1,28,33 (b) (intro.) The state treasurer department may do any of the following:
AB40-ASA1,28,7 4(13) Program termination. If the state treasurer department determines that
5the program under this section is financially infeasible, the state treasurer
6department shall discontinue entering into contracts under sub. (3) and discontinue
7selling tuition units under sub. (4).
AB40-ASA1, s. 76 8Section 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:
AB40-ASA1,28,1310 16.641 (2) (g) Ensure that if the department of administration changes
11vendors, the balances of college savings accounts are promptly transferred into
12investment instruments as similar to the original investment instruments as
13possible.
AB40-ASA1,28,16 14(3) (a) 1. Contribute to a college savings account or authorize a parent,
15grandparent, great-grandparent, aunt, or uncle of the beneficiary to contribute to
16the account
.
AB40-ASA1, s. 77 17Section 77. 14.65 of the statutes is renumbered 16.642 and amended to read:
AB40-ASA1,29,2 1816.642 Repayment to the general fund. (1) The secretary of
19administration
shall transfer from the tuition trust fund, the college savings
20program trust fund, the college savings program bank deposit trust fund, or the
21college savings program credit union deposit trust fund to the general fund an
22amount 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
24the secretary of administration determines that funds in those trust funds are

1sufficient to make the transfer. The secretary of administration may make the
2transfer in installments.
AB40-ASA1,29,6 3(2) 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
5available for repayment under sub. (1), the amount repaid under sub. (1), and the
6outstanding balance under sub. (1).
AB40-ASA1, s. 79 7Section 79. 14.85 (2) of the statutes is amended to read:
AB40-ASA1,29,108 14.85 (2) The secretary of commerce, the secretary of tourism, the secretary of
9natural resources, the secretary of transportation, and the director of the historical
10society, or their designees, shall serve as nonvoting members of the commission.
AB40-ASA1, s. 80 11Section 80. 14.85 (8) (d) of the statutes is amended to read:
AB40-ASA1,29,2212 14.85 (8) (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
19of tourism determines that a program recommended by the commission to undertake
20activities relating to the promotion of tourism is consistent with the department's
21statewide tourism marketing plans, priorities, and resources, the department shall
22have primary responsibility to support the activities of the program.
AB40-ASA1, s. 81 23Section 81. 14.85 (9) of the statutes is amended to read:
AB40-ASA1,30,524 14.85 (9) The commission may establish a technical committee to advise the
25commission. The members of the committee shall include at least one employee each

1from the department of transportation, and the department of tourism and the
2department of commerce
. The commission shall request the department of
3transportation, and the department of tourism and the department of commerce to
4designate employees to serve on the committee and may request any other state
5agency to designate an employee to serve on the committee.
AB40-ASA1, s. 82 6Section 82. 15.01 (2) of the statutes is amended to read:
AB40-ASA1,30,157 15.01 (2) "Commission" means a 3-member governing body in charge of a
8department or independent agency or of a division or other subunit within a
9department, except for the Wisconsin waterways commission which shall consist of
105 members and the earned release review parole commission which shall consist of
118 members. A Wisconsin group created for participation in a continuing interstate
12body, or the interstate body itself, shall be known as a "commission", but is not a
13commission for purposes of s. 15.06. The earned release review parole commission
14created under s. 15.145 (1) shall be known as a "commission", but is not a commission
15for purposes of s. 15.06.
AB40-ASA1, s. 83 16Section 83. 15.01 (6) of the statutes is amended to read:
AB40-ASA1,31,317 15.01 (6) "Division," "bureau," "section" and "unit" means the subunits of a
18department or an independent agency, whether specifically created by law or created
19by the head of the department or the independent agency for the more economic and
20efficient administration and operation of the programs assigned to the department
21or independent agency. The office of justice assistance in the department of
22administration, 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
25financial institutions have the meaning of "division" under this subsection. The

1office of the long-term care ombudsman under the board on aging and long-term
2care and the office of educational accountability in the department of public
3instruction have the meaning of "bureau" under this subsection.
AB40-ASA1, s. 84 4Section 84. 15.02 (3) (c) 1. of the statutes is amended to read:
AB40-ASA1,31,135 15.02 (3) (c) 1. The principal subunit of the department is the "division". Each
6division shall be headed by an "administrator". The office of justice assistance in the
7department of administration, the office of the Wisconsin Covenant Scholars
8Program in the department of administration,
and the office of credit unions in the
9department of financial institutions have the meaning of "division" and the executive
10staff 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.
AB40-ASA1, s. 85 14Section 85. 15.06 (6) of the statutes is amended to read:
AB40-ASA1,31,1815 15.06 (6) Quorum. A majority of the membership of a commission constitutes
16a quorum to do business, except that vacancies shall not prevent a commission from
17doing business. This subsection does not apply to the earned release review parole
18commission.
AB40-ASA1, s. 86 19Section 86. 15.07 (1) (b) 8. of the statutes is repealed.
AB40-ASA1, s. 87 20Section 87. 15.07 (1) (cm) of the statutes is amended to read:
AB40-ASA1,32,1021 15.07 (1) (cm) The term of one member of the government accountability board
22shall 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

1and water conservation board appointed under s. 15.135 (4) (b) 2. shall expire on
2January 1. The term of the member of the land and water conservation board
3appointed under s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered
4year. The terms of members of the real estate board shall expire on July 1. The terms
5of the appraiser members of the real estate appraisers board and the terms of the
6auctioneer and auction company representative members of the auctioneer board
7shall expire on May 1 in an even-numbered year. The terms of the members of the
8cemetery board shall expire on July 1 in an even-numbered year. The term of the
9student member of the Board of Regents of the University of Wisconsin System who
10is at least 24 years old shall expire on May 1 of every even-numbered year.
AB40-ASA1, s. 88 11Section 88. 15.07 (1) (cs) of the statutes is amended to read:
AB40-ASA1,32,1512 15.07 (1) (cs) No member of the auctioneer board, cemetery board, or real estate
13appraisers board, or real estate board may be an officer, director, or employee of a
14private organization that promotes or furthers any profession or occupation
15regulated by that board.
AB40-ASA1, s. 89 16Section 89. 15.07 (3) (b) of the statutes is amended to read:
AB40-ASA1,32,2217 15.07 (3) (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
19or a majority of its members. The auctioneer board, the cemetery board, the real
20estate board,
and the real estate appraisers board shall also meet on the call of the
21secretary of regulation and licensing safety and professional services or his or her
22designee within the department.
AB40-ASA1, s. 90 23Section 90. 15.07 (5) (r) of the statutes is repealed.
AB40-ASA1, s. 91 24Section 91. 15.08 (1m) (c) of the statutes is amended to read:
AB40-ASA1,33,7
115.08 (1m) (c) The membership of each examining board and examining
2council created in the department of regulation and licensing safety and professional
3services
after June 1, 1975, shall be increased by one member who shall be a public
4member appointed to serve for the same term served by the other members of such
5examining board or examining council, unless the act relating to the creation of such
6examining board or examining council provides that 2 or more public members shall
7be appointed to such examining board or examining council.
AB40-ASA1, s. 91m 8Section 91m. 15.103 (5) of the statutes is created to read:
AB40-ASA1,33,109 15.103 (5) Division of enterprise technology. There is created in the
10department of administration a division of enterprise technology.
AB40-ASA1, s. 92 11Section 92. 15.105 (12) (a) 1. of the statutes is amended to read:
AB40-ASA1,33,1412 15.105 (12) (a) 1. The secretary of transportation, the secretary of agriculture,
13trade and consumer protection and the secretary of commerce safety and
14professional services
or their formally appointed designees.
AB40-ASA1, s. 94 15Section 94. 15.105 (30) of the statutes is repealed.
AB40-ASA1, s. 95 16Section 95. 15.105 (31) of the statutes is repealed.
AB40-ASA1, s. 96 17Section 96. 15.105 (32) of the statutes is created to read:
AB40-ASA1,33,2118 15.105 (32) Office of business development. There is created an office of
19business development which is attached to the department of administration under
20s. 15.03. The office shall be under the direction and supervision of a director who
21shall be appointed by the governor to serve at his or her pleasure.
AB40-ASA1, s. 97 22Section 97. 15.107 (2) of the statutes is amended to read:
AB40-ASA1,34,1223 15.107 (2) Council on small business, veteran-owned business and minority
24business opportunities.
There is created in the department of administration a
25council on small business, veteran-owned business and minority business

1opportunities consisting of 13 members, appointed by the secretary of
2administration for 3-year terms, with representation as follows: at least 2 shall be
3owners or employees of small businesses at least 51% owned by one or more members
4of a racial minority group; at least one shall be an owner or employee of a small
5business at least 51% owned by one or more handicapped persons; at least one shall
6be an owner or employee of a small business operated on a nonprofit basis for the
7rehabilitation of disabled persons; at least 2 shall be owners or employees of
8veteran-owned businesses, as defined in s. 16.75 (4) (d); at least one shall be a
9representative of the department of commerce safety and professional services; and
10at least one shall be a consumer member. No member may serve for more than 2
11consecutive full terms. The secretary of administration, or a department employee
12who is the secretary's designee, shall serve as the council's nonvoting secretary.
AB40-ASA1, s. 98 13Section 98. 15.107 (16) (b) 3. of the statutes is amended to read:
AB40-ASA1,34,1414 15.107 (16) (b) 3. The secretary of commerce safety and professional services.
AB40-ASA1, s. 99 15Section 99. 15.137 (2) (a) 3m. of the statutes is amended to read:
AB40-ASA1,34,1716 15.137 (2) (a) 3m. The secretary of commerce chief executive officer of the
17Wisconsin Economic Development Corporation
or his or her designee.
AB40-ASA1, s. 100 18Section 100. 15.145 (1) of the statutes is amended to read:
AB40-ASA1,34,2519 15.145 (1) Earned release review Parole commission. There is created in the
20department of corrections an earned release review a parole commission consisting
21of 8 members. Members shall have knowledge of or experience in corrections or
22criminal justice. The members shall include a chairperson who is nominated by the
23governor, and with the advice and consent of the senate appointed, for a 2-year term
24expiring March 1 of the odd-numbered years, subject to removal under s. 17.07 (3m),
25and the remaining members in the classified service appointed by the chairperson.
AB40-ASA1, s. 101
1Section 101. 15.145 (5) (intro.) of the statutes is amended to read:
AB40-ASA1,35,212 15.145 (5) Council on offender reentry. (intro.) There is created a council
3on offender reentry which is attached to the department of corrections under s. 15.03,
4which shall have the duties, responsibilities, and powers set forth under s. 301.095.
5The council shall consist of 22 members, and the appointed members shall serve for
62-year terms and may be appointed for a maximum of 2 consecutive terms. The
7chairperson of the council shall be the secretary of corrections or the reentry director,
8as decided by the secretary of corrections. The chairperson may appoint
9subcommittees and the council shall meet no less frequently than 4 times per year
10at a date and location to be determined by the chairperson. Members of the council
11shall include the secretary of corrections, or his or her designee; the secretary of
12workforce development, or his or her designee; the secretary of health services, or his
13or her designee; the secretary of children and families, or his or her designee; the
14secretary of commerce, or his or her designee;
the secretary of transportation, or his
15or her designee; the attorney general, or his or her designee; the chairperson of the
16parole commission, or his or her designee; the state superintendent of public
17instruction; the reentry director as appointed by the secretary of corrections; a
18current or former judge, as appointed by the director of state courts; an individual
19who has been previously convicted of, and incarcerated for, a crime in Wisconsin, as
20appointed by the secretary of corrections; and the following persons, as appointed by
21the governor:
AB40-ASA1, s. 102 22Section 102. 15.15 of the statutes is repealed.
AB40-ASA1, s. 103 23Section 103. 15.153 (title) of the statutes is repealed.
AB40-ASA1, s. 104 24Section 104. 15.153 (3) of the statutes is repealed.
AB40-ASA1, s. 105 25Section 105. 15.153 (4) of the statutes is repealed.
AB40-ASA1, s. 106
1Section 106. 15.155 (title) of the statutes is repealed.
AB40-ASA1, s. 107 2Section 107. 15.155 (2) of the statutes is repealed.
AB40-ASA1, s. 108 3Section 108. 15.155 (4) of the statutes is repealed.
AB40-ASA1, s. 109 4Section 109. 15.155 (5) of the statutes is renumbered 15.105 (33) and amended
5to read:
AB40-ASA1,36,206 15.105 (33) Small business regulatory review board. There is created a small
7business regulatory review board, attached to the department of commerce
8administration
under s. 15.03. The board shall consist of a representative of the
9department of administration; a representative of the department of agriculture,
10trade and consumer protection; a representative of the department of children and
11families; a representative of the department of commerce; a representative of the
12department of health services; a representative of the department of natural
13resources; a representative of the department of regulation and licensing safety and
14professional services
; a representative of the department of revenue; a
15representative of the department of workforce development; 6 representatives of
16small businesses, as defined in s. 227.114 (1), who shall be appointed for 3-year
17terms; and the chairpersons of one senate and one assembly committee concerned
18with small businesses, appointed as are members of standing committees. The
19representatives of the departments shall be selected by the secretary of that
20department.
AB40-ASA1, s. 110 21Section 110. 15.155 (6) of the statutes is renumbered 15.405 (1m), and 15.405
22(1m) (a) (intro.), 3. and 5., as renumbered, are amended to read:
AB40-ASA1,36,2523 15.405 (1m) (a) (intro.) There is created a building inspector review board
24which is attached to the department of commerce safety and professional services
25under s. 15.03 that consists of the following members:
AB40-ASA1,37,2
13. The secretary of commerce safety and professional services or his or her
2designee.
AB40-ASA1,37,53 5. A building inspector certified by the department of commerce safety and
4professional services
, to inspect public buildings, places of employment, or
5one-family and two-family dwellings.
AB40-ASA1, s. 111 6Section 111. 15.157 (title) of the statutes is repealed.
AB40-ASA1, s. 112 7Section 112. 15.157 (3) of the statutes is renumbered 15.407 (10) and amended
8to read:
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