AB40: Bill Text

AB40, s. 63 Section 63. 13.625 (9) of the statutes is amended to read:

AB40,63,8 13.625 (9) This section does not apply to the solicitation, acceptance, or furnishing of anything of pecuniary value by the department of commerce Wisconsin Economic Development Corporation, or to a principal furnishing anything of pecuniary value to the department of commerce Wisconsin Economic Development Corporation, under s. 19.56 (3) (e) or (f) for the activities specified in s. 19.56 (3) (e).

AB40, s. 64 Section 64. 13.94 (1) (intro.) of the statutes is amended to read:

AB40,64,6 13.94 (1) Duties of the bureau. (intro.) The legislative audit bureau shall be responsible for conducting postaudits of the accounts and other financial records of departments to assure that all financial transactions have been made in a legal and proper manner. In connection with such postaudits, the legislative audit bureau shall review the performance and program accomplishments of the department during the fiscal period for which the audit is being conducted to determine whether the department carried out the policy of the legislature and the governor during the period for which the appropriations were made. In performing postaudits under this subsection, the legislative audit bureau shall not examine issues related to academic freedom within the University of Wisconsin–Madison or the University of Wisconsin System. A postaudit shall not examine into or comment upon the content of the various academic programs, including degree requirements, majors, curriculum or courses within the University of Wisconsin–Madison or the University of Wisconsin System, nor shall any such postaudit examine into the manner in which individual faculty members or groups of faculty members conduct their instructional, research or public service activities. This subsection does not preclude the bureau from reviewing the procedures by which decisions are made and priorities set in the University of Wisconsin–Madison or the University of Wisconsin System, or the manner in which such decisions and priorities are implemented within the University of Wisconsin–Madison or the University of Wisconsin System, insofar as such review is not inconsistent with s. 36.09 or 37.03. The legislative audit bureau shall audit the fiscal concerns of the state as required by law. To this end, it shall:

AB40, s. 65 Section 65. 13.94 (1) (dp) of the statutes is created to read:

AB40,64,12 13.94 (1) (dp) In addition to any other audit to be performed under this section relating to veterans homes, perform one or more financial audits of the operation of the Wisconsin Veterans Home at Chippewa Falls by any private entity with which the department of veterans affairs enters into an agreement under s. 45.50 (2m) (c). The audit shall be performed at such time as the governor or legislature directs.

AB40, s. 66 Section 66. 13.94 (1) (mm) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,64,24 13.94 (1) (mm) No later than July 1, 2012, prepare a financial and performance evaluation audit of the economic development programs administered by the department of commerce, the University of Wisconsin System, the department of agriculture, trade and consumer protection, the department of natural resources, the Wisconsin Housing and Economic Development Authority, the Wisconsin Economic Development Corporation, the department of tourism, the technical college system, and the department of transportation. In this paragraph, economic development program has the meaning given in s. 560.001 (1m) 23.167 (1). The legislative audit bureau shall file a copy of the report of the audit under this paragraph with the distributees specified in par. (b).

AB40, s. 67 Section 67. 13.94 (1) (ms) of the statutes is amended to read:

AB40,65,4 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).

AB40, s. 68 Section 68. 13.94 (1) (n) of the statutes is amended to read:

AB40,65,8 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).

AB40, s. 69 Section 69. 13.94 (1) (o) of the statutes is created to read:

AB40,65,13 13.94 (1) (o) Annually, by June 30, prepare a financial and performance evaluation audit of at least one program funded by the universal service fund established under s. 25.95. The legislative audit bureau shall file a copy of each audit report under this paragraph with the distributees specified in par. (b).

AB40, s. 70 Section 70. 13.94 (4) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,66,8 13.94 (4) (a) 1. Every state department, board, examining board, affiliated credentialing board, commission, independent agency, council or office in the executive branch of state government; all bodies created by the legislature in the legislative or judicial branch of state government; any public body corporate and politic created by the legislature including specifically the University of Wisconsin–Madison, the Wisconsin Quality Home Care Authority, the Fox River Navigational System Authority, the Lower Fox River Remediation Authority, and the Wisconsin Aerospace Authority, the Wisconsin Economic Development Corporation, a professional baseball park district, a local professional football stadium district, a local cultural arts district and a long-term care district under s. 46.2895; every Wisconsin works agency under subch. III of ch. 49; every provider of medical assistance under subch. IV of ch. 49; technical college district boards; every county department under s. 51.42 or 51.437; every nonprofit corporation or cooperative or unincorporated cooperative association to which moneys are specifically appropriated by state law; and every corporation, institution, association or other organization which receives more than 50% of its annual budget from appropriations made by state law, including subgrantee or subcontractor recipients of such funds.

AB40, s. 71 Section 71. 13.95 (intro.) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,66,24 13.95 Legislative fiscal bureau. (intro.) There is created a bureau to be known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau shall be strictly nonpartisan and shall at all times observe the confidential nature of the research requests received by it; however, with the prior approval of the requester in each instance, the bureau may duplicate the results of its research for distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's designated employees shall at all times, with or without notice, have access to all state agencies, the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin–Madison, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority, and to any books, records, or other documents maintained by such agencies or authorities and relating to their expenditures, revenues, operations, and structure.

AB40, s. 72 Section 72. 14.015 (1) of the statutes is amended to read:

AB40,67,13 14.015 (1) Disability board. There is created a disability board which is attached to the office of the governor under s. 15.03. Where not in conflict with s. 17.025, s. 15.07 applies to the disability board. The disability board shall consist of the governor, the chief justice of the supreme court, the speaker of the assembly, the president of the senate, the minority leader of the assembly, the minority leader of the senate, and the dean of the University of Wisconsin Medical School of Medicine and Public Health. In case of the absence or disability of any of the members to serve for a particular meeting of the board, the lieutenant governor, a justice of the supreme court designated by the chief justice, the deputy speaker of the assembly, the majority leader of the senate, the assistant minority leader of the assembly, the assistant minority leader of the senate, or an associate dean of the University of Wisconsin Medical School of Medicine and Public Health designated by the dean shall serve, respectively, in place of the officers.

AB40, s. 73 Section 73. 14.165 (2) of the statutes is amended to read:

AB40,67,17 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).

AB40, s. 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:

AB40,67,23 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:

AB40,67,24 (a) The state treasurer secretary of administration or his or her designee.

AB40, s. 75 Section 75. 14.63 of the statutes is renumbered 16.64, and 16.64 (2) (intro.) and (b), (3) (a), (c) and (d), (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:

AB40,68,6 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:

AB40,68,13 (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.

AB40,68,16 (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.

AB40,68,17 (c) The state treasurer department may charge a purchaser an enrollment fee.

AB40,68,20 (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.

AB40,68,23 (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:

AB40,68,25 (6) (a) 5. Other circumstances determined by the state treasurer department to be grounds for termination.

AB40,69,4 (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.

AB40,69,6 (7) (a) (intro.) Except as provided in sub. (7m), the state treasurer department shall do all of the following:

AB40,69,9 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.

AB40,69,15 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.

AB40,69,17 (b) The state treasurer department shall determine the method and schedule for the payment of refunds under this subsection.

AB40,69,21 (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:

AB40,70,2 (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.

AB40,70,7 (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).

AB40,70,12 (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).

AB40,70,18 (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.

AB40,70,24 (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.

AB40,71,2 (12) (title) Additional duties and powers of the state treasurer. (a) (intro.) The state treasurer department shall do all of the following:

AB40,71,3 (b) (intro.) The state treasurer department may do any of the following:

AB40,71,7 (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).

AB40, s. 76 Section 76. 14.64 of the statutes is renumbered 16.641, and 16.641 (2) (g), as renumbered, is amended to read:

AB40,71,13 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.

AB40, s. 77 Section 77. 14.65 of the statutes is renumbered 16.642 and amended to read:

AB40,71,23 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.

AB40,72,2 (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).

AB40, s. 78 Section 78. 14.76 (1m) of the statutes is created to read:

AB40,72,5 14.76 (1m) In this section, "state agency" includes the University of Wisconsin–Madison.

AB40, s. 79 Section 79. 14.85 (2) of the statutes is amended to read:

AB40,72,9 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.

AB40, s. 80 Section 80. 14.85 (8) (d) of the statutes is amended to read:

AB40,72,21 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.

AB40, s. 81 Section 81. 14.85 (9) of the statutes is amended to read:

AB40,73,4 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.

AB40, s. 82 Section 82. 15.01 (2) of the statutes is amended to read:

AB40,73,14 15.01 (2) "Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the Wisconsin waterways commission which shall consist of 5 members and the earned release review parole commission which shall consist of 8 members. A Wisconsin group created for participation in a continuing interstate body, or the interstate body itself, shall be known as a "commission", but is not a commission for purposes of s. 15.06. The earned release review parole commission created under s. 15.145 (1) shall be known as a "commission", but is not a commission for purposes of s. 15.06.

AB40, s. 83 Section 83. 15.01 (6) of the statutes is amended to read:

AB40,74,2 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.

AB40, s. 84 Section 84. 15.02 (3) (c) 1. of the statutes is amended to read:

AB40,74,12 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.

AB40, s. 85 Section 85. 15.06 (6) of the statutes is amended to read:

AB40,74,17 15.06 (6) Quorum. A majority of the membership of a commission constitutes a quorum to do business, except that vacancies shall not prevent a commission from doing business. This subsection does not apply to the earned release review parole commission.

AB40, s. 86 Section 86. 15.07 (1) (b) 8. of the statutes is repealed.

AB40, s. 87 Section 87. 15.07 (1) (cm) of the statutes is amended to read:

AB40,75,9 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.

AB40, s. 88 Section 88. 15.07 (1) (cs) of the statutes is amended to read:

AB40,75,14 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.

AB40, s. 89 Section 89. 15.07 (3) (b) of the statutes is amended to read:

AB40,75,21 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.

AB40, s. 90 Section 90. 15.07 (5) (r) of the statutes is repealed.

AB40, s. 91 Section 91. 15.08 (1m) (c) of the statutes is amended to read:

AB40,76,5 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.

AB40, s. 92 Section 92. 15.105 (12) (a) 1. of the statutes is amended to read:

AB40,76,9 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.

AB40, s. 93 Section 93. 15.105 (25m) (bm) of the statutes is created to read:

AB40,76,12 15.105 (25m) (bm) The chairperson of the board of trustees of the University of Wisconsin–Madison or his or her designee.

AB40, s. 94 Section 94. 15.105 (30) of the statutes is repealed.

AB40, s. 95 Section 95. 15.105 (31) of the statutes is repealed.

AB40, s. 96 Section 96. 15.105 (32) of the statutes is created to read: