AB64: Bill Text

AB64,685 Section 685 . 38.50 (8) of the statutes is renumbered 440.52 (8), and 440.52 (8) (a), (b), (c) (intro.), 1., 2., 4. and 5., (d) and (e), as renumbered, are amended to read:

AB64,402,15 440.52 (8) (a) In general. No solicitor representing any school offering any course or course of instruction shall sell any course or course of instruction or solicit students for a course or course of instruction in this state for a consideration or remuneration, except upon the actual business premises of the school, unless the solicitor first secures a solicitor's permit from the board department. If the solicitor represents more than one school, a separate permit shall be obtained for each school the solicitor represents.

AB64,403,15 (b) Solicitor's permit. The application for a solicitor's permit shall be made on a form furnished by the board department and shall be accompanied by a fee and a surety bond acceptable to the board department in the sum of $2,000. The board department shall, by rule, specify the amount of the fee for a solicitor's permit. The bond may be continuous and shall be conditioned to provide indemnification to any student suffering loss as the result of any fraud or misrepresentation used in procuring his or her enrollment or as a result of the failure of the school to perform faithfully the agreement the solicitor made with the student, and may be supplied by the solicitor or by the school itself either as a blanket bond covering each of its solicitors in the amount of $2,000 or the surety bond under sub. (7) (i). Upon approval of a permit, the board department shall issue an identification card to the solicitor giving his or her name and address, the name and address of the employing school, and certifying that the person whose name appears on the card is authorized to solicit students for the school. A permit shall be valid for one year from the date issued. Liability under this paragraph of the surety on the bond for each solicitor covered by the bond shall not exceed the sum of $2,000 as an aggregate for any and all students for all breaches of the conditions of the bond. The surety of a bond may cancel the bond upon giving 30 days' notice in writing to the board department and shall be relieved of liability under this paragraph upon giving the notice for any breach of condition occurring after the effective date of the cancellation. An application for renewal shall be accompanied by a fee, a surety bond acceptable to the board department in the sum of $2,000 if a continuous bond has not been furnished, and such information as the board department requests of the applicant. The board department shall, by rule, specify the amount of the fee for renewal of a solicitor's permit.

AB64,403,18 (c) Refusal or revocation of permit. (intro.) The board department may refuse to issue or renew, or may revoke, any solicitor's permit upon one or any combination of the following grounds:

AB64,403,20 1. Willful violation of this subsection or any rule promulgated by the board department under this section.

AB64,403,22 2. Furnishing false, misleading, or incomplete information to the board department.

AB64,403,24 4. Refusal by the school to be represented to allow reasonable inspection or to supply information after written request therefor by the board department.

AB64,404,3 5. Failure of the school which the solicitor represents to meet requirements and standards established by and to comply with rules promulgated by the board department under sub. (7).

AB64,404,8 (d) Notice of refusal to issue or renew permit. Notice of refusal to issue or renew a permit or of the revocation of a permit shall be sent by registered mail to the last address of the applicant or permit holder shown in the records of the board department. Revocation of a permit shall be effective 10 days after the notice of revocation has been mailed to the permit holder.

AB64,404,15 (e) Request for appearance. Within 20 days of the receipt of notice of the board's department's refusal to issue or renew a permit or of the revocation of a permit, the applicant or holder of the permit may request permission to appear before the board department in person, with or without counsel, to present reasons why the permit should be issued, renewed, or reinstated. Upon receipt of a request, the board department shall grant a hearing to the applicant or holder of the permit within 30 days giving that person at least 10 days' notice of the date, time, and place.

AB64,686 Section 686. 38.50 (10) (title) of the statutes is renumbered 440.52 (10) (title).

AB64,687 Section 687. 38.50 (10) (a) of the statutes is renumbered 440.52 (10) (a) and amended to read:

AB64,405,4 440.52 (10) (a) Authority. All proprietary schools shall be examined and approved by the board department before operating in this state. Approval shall be granted to schools meeting the criteria established by the board department for a period not to exceed one year. No school may advertise in this state unless approved by the board. All approved schools shall submit quarterly reports, including information on enrollment, number of teachers and their qualifications, course offerings, number of graduates, number of graduates successfully employed, and such other information as the board considers necessary. If a school closure results in losses to students, parents, or sponsors, the board may authorize the full or partial payment of those losses from the appropriation under s. 20.292 (2) (gm) 20.165 (1) (jt).

AB64,688 Section 688. 38.50 (10) (b) of the statutes is renumbered 440.52 (10) (b) and amended to read:

AB64,405,13 440.52 (10) (b) Application. Application for initial approval of a school or a course of instruction, approval of a teaching location, change of ownership, or control of a school, renewal of approval of a school or reinstatement of approval of a school or course of instruction that has been revoked shall be made on a form furnished by the board department and shall be accompanied by a fee set by the board department under par. (c) and any other information as the board department considers necessary to evaluate the school in carrying out the purpose of this section.

AB64,689 Section 689. 38.50 (10) (c) (intro.) of the statutes is renumbered 440.52 (10) (c) (intro.) and amended to read:

AB64,405,19 440.52 (10) (c) Fees; rule making. (intro.) The board department shall promulgate rules to establish the fees paid to the board department under this subsection. In promulgating rules to establish the fees, the board department shall do all of the following:

AB64,690 Section 690. 38.50 (10) (c) 1. of the statutes is renumbered 440.52 (10) (c) 1. and amended to read:

AB64,405,24 440.52 (10) (c) 1. Require that the amount of fees collected under this paragraph be sufficient to cover all costs that the board department incurs in examining and approving proprietary schools under this subsection.

AB64,691 Section 691. 38.50 (10) (c) 2. of the statutes is renumbered 440.52 (10) (c) 2.

AB64,692 Section 692. 38.50 (10) (c) 3. of the statutes is renumbered 440.52 (10) (c) 3.

AB64,693 Section 693. 38.50 (10) (c) 4. of the statutes is renumbered 440.52 (10) (c) 4.

AB64,694 Section 694. 38.50 (10) (cm) of the statutes is renumbered 440.52 (10) (cm) and amended to read:

AB64,406,7 440.52 (10) (cm) Limit on student protection fee. The board department shall discontinue collecting annual student protection fees under par. (c) 4. during the period that the balance in the fund created by those fees exceeds $1,000,000.

AB64,695 Section 695. 38.50 (10) (d) of the statutes is renumbered 440.52 (10) (d).

AB64,696 Section 696. 38.50 (10) (e) of the statutes is renumbered 440.52 (10) (e).

AB64,697 Section 697. 38.50 (10) (f) of the statutes is renumbered 440.52 (10) (f).

AB64,698 Section 698. 38.50 (11) (title) of the statutes is renumbered 440.52 (11) (title).

AB64,699 Section 699. 38.50 (11) (a) of the statutes is renumbered 440.52 (11) (a).

AB64,700 Section 700. 38.50 (11) (b) of the statutes is renumbered 440.52 (11) (b), and 440.52 (11) (b) 1., as renumbered, is amended to read:

AB64,406,22 440.52 (11) (b) 1. If a school operating in this state discontinues its operations, proposes to discontinue its operations, or is in imminent danger of discontinuing its operations as determined by the board department, if the student records of the school are not taken into possession under subd. 2., and if the board department determines that the student records of the school are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the authorized representatives of those persons, the board department may take possession of those student records.

AB64,701 Section 701. 38.50 (11) (c) of the statutes is renumbered 440.52 (11) (c) and amended to read:

AB64,407,5 440.52 (11) (c) If necessary to protect student records from being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the authorized representatives of those persons, the board department or association may seek a court order authorizing the board department or association to take possession of those student records.

AB64,702 Section 702. 38.50 (11) (d) of the statutes is renumbered 440.52 (11) (d) and amended to read:

AB64,407,19 440.52 (11) (d) The board department or association shall preserve a student record that comes into the possession of the board department or association under par. (b) 1. or 2. and shall keep the student record confidential as provided under 20 USC 1232g and 34 CFR part 99. A student record in the possession of the board department is not open to public inspection or copying under s. 19.35 (1). Upon request of the person who is the subject of a student record or an authorized representative of that person, the board department or association shall provide a copy of the student record to the requester. The board department or association may charge a fee for providing a copy of a student record. The fee shall be based on the administrative cost of taking possession of, preserving, and providing the copy of the student record. All fees collected by the board department under this paragraph shall be credited to the appropriation account under s. 20.292 (2) (i) 20.165 (1) (jv).

AB64,703 Section 703 . 38.50 (12) of the statutes is renumbered 440.52 (12), and 440.52 (12) (a) (intro.) and 1. and (b), as renumbered, are amended to read:

AB64,408,4 440.52 (12) (a) (intro.) No person that holds itself out to the public in any way as a legitimate institution of higher education may use the term “college" or “university" in the person's name unless the person provides an educational program for which the person awards an associate or higher degree and the person has accreditation recognized by the U.S. secretary of education, has the foreign equivalent of that accreditation, as determined by the board department, or has accreditation recognized by the Council for Higher Education Accreditation. This paragraph does not apply to any of the following:

AB64,408,6 1. A school that was doing business in this state with the approval of the educational approval board under s. 38.50, 2007 stats., prior to May 27, 2010.

AB64,408,14 (b) No school, including a school described in sub. (1) (e) 1. to 8., may use the term “state" or “Wisconsin" in its name if the use of that term operates to mislead the public into believing that the school is affiliated with the University of Wisconsin System or the technical college system, unless the school actually is so affiliated. This paragraph does not apply to a school described in sub. (1) (e) 1. that has accreditation recognized by the U.S. secretary of education, has the foreign equivalent of that accreditation, as determined by the board department, or has accreditation recognized by the Council for Higher Education Accreditation.

AB64,704 Section 704 . 38.50 (13) of the statutes is renumbered 440.52 (13), and 440.52 (13) (a) 2. a., b. and e. and (d), as renumbered, are amended to read:

AB64,408,20 440.52 (13) (a) 2. a. Has accreditation recognized by the U.S. secretary of education; has the foreign equivalent of that accreditation, as determined by the board department; or has accreditation recognized by the Council for Higher Education Accreditation.

AB64,408,21 b. Is approved by the board department to operate in this state.

AB64,408,25 e. Has been found by the board department to meet standards of academic quality comparable to those of an educational institution located in the United States that has accreditation recognized by the U.S. secretary of education or by the Council for Higher Education Accreditation to offer credentials of the type and level claimed.

AB64,409,5 (d) The board department may charge a fee for evaluating an educational institution under par. (a) 2. e. in an amount that is sufficient to cover all costs that the board department incurs in evaluating the institution. All fees collected by the board department under this paragraph shall be credited to the appropriation account under s. 20.292 (2) (g) 20.165 (1) (jr).

AB64,705 Section 705 . 40.02 (8) (b) 3. of the statutes is created to read:

AB64,409,8 40.02 (8) (b) 3. For purposes of a deferred compensation plan, a surviving domestic partner.

AB64,706 Section 706. 40.02 (21d) (intro.) of the statutes is amended to read:

AB64,409,13 40.02 (21d) (intro.) “Domestic partnership" means a relationship between 2 individuals, who submitted an affidavit of domestic partnership to the department before the effective date of this subsection .... [LRB inserts date], that satisfies all of the following:

AB64,707 Section 707 . 40.02 (25) (b) 3. of the statutes is amended to read:

AB64,409,19 40.02 (25) (b) 3. The surviving spouse or domestic partner of an employee, or of a retired employee, who is currently covered by health insurance at the time of death of the employee or retired employee. The spouse or domestic partner shall have the same right to health insurance coverage as the deceased employee or retired employee, but without state contribution, under rules promulgated by the secretary.

AB64,708 Section 708 . 40.51 (2m) (a) of the statutes is amended to read:

AB64,410,8 40.51 (2m) (a) In addition to the restriction under par. (b), neither a domestic partner of an eligible employee nor a stepchild of a current domestic partnership may not become be covered under a group health insurance plan under this subchapter unless the eligible employee submits an affidavit, designed by the group insurance board, attesting that the eligible employee and his or her domestic partner satisfy the requirements for a domestic partnership under s. 40.02 (21d). The eligible employee shall submit this affidavit to his or her employer at the time the eligible employee first enrolls in a group health insurance plan under this subchapter or at the time the eligible employee requests a change in dependent status while the eligible employee is enrolled in a group health insurance plan under this subchapter. Upon the dissolution of a domestic partnership, the eligible employee shall submit in a timely manner to his or her employer an affidavit, designed by the group insurance board, attesting to the dissolution of the domestic partnership.

AB64,709 Section 709 . 40.51 (2m) (b) of the statutes is amended to read:

AB64,410,13 40.51 (2m) (b) If an eligible employee is divorced or was a domestic partner in a dissolved domestic partnership, the eligible employee may not enroll a new spouse or domestic partner in a group health insurance plan under this subchapter until 6 months have elapsed since the date of the divorce or dissolved domestic partnership.

AB64,710 Section 710. 40.513 (3) (b) of the statutes is amended to read:

AB64,410,16 40.513 (3) (b) The employee's spouse or domestic partner is receiving health care coverage under s. 40.51 (6).

AB64,711 Section 711. 40.52 (2) of the statutes is amended to read:

AB64,411,5 40.52 (2) Health insurance benefits under this subchapter shall be integrated, with exceptions determined appropriate by the group insurance board, with benefits under federal plans for hospital and health care for the aged and disabled. Exclusions and limitations with respect to benefits and different rates may be established for persons eligible under federal plans for hospital and health care for the aged and disabled in recognition of the utilization by persons within the age limits eligible under the federal program. The plan may include special provisions for spouses, domestic partners, and other dependents covered under a plan established under this subchapter where one spouse or domestic partner is eligible under federal plans for hospital and health care for the aged but the others are not eligible because of age or other reasons. As part of the integration, the department may, out of premiums collected under s. 40.05 (4), pay premiums for the federal health insurance.

AB64,712 Section 712. 40.55 (1) of the statutes is amended to read:

AB64,411,13 40.55 (1) Except as provided in sub. (5), the state shall offer, through the group insurance board, to eligible employees under s. 40.02 (25) (bm) and to state annuitants long-term care insurance policies which have been filed with the office of the commissioner of insurance and which have been approved for offering under contracts established by the group insurance board. The state shall also allow an eligible employee or a state annuitant to purchase those policies for his or her spouse, domestic partner, or parent.

AB64,713 Section 713 . 40.65 (2) (a) of the statutes is repealed.

AB64,714 Section 714 . 40.65 (2) (b) 1. of the statutes is repealed.

AB64,715 Section 715 . 40.65 (2) (b) 2. of the statutes is renumbered 40.65 (2) (am).

AB64,716 Section 716 . 40.65 (2) (b) 3. of the statutes is renumbered 40.65 (2) (bm) and amended to read:

AB64,411,22 40.65 (2) (bm) The department shall determine whether or not the applicant is eligible for benefits under this section on the basis of the evidence in subd. 2 par. (am). An applicant may appeal a determination under this subdivision paragraph to the division of hearings and appeals in the department of administration.

AB64,717 Section 717 . 40.65 (2) (b) 4. of the statutes is renumbered 40.65 (2) (cm) and amended to read:

AB64,412,3 40.65 (2) (cm) In hearing an appeal under subd. 3. par. (bm), the division of hearings and appeals in the department of administration shall follow the procedures under ss. 102.16 to 102.26.

AB64,718 Section 718 . 40.65 (2) (b) 5. of the statutes is renumbered 40.65 (2) (dm) and amended to read:

AB64,412,8 40.65 (2) (dm) The department shall be an interested party in an appeal under subd. 3. par. (bm), and the department shall receive legal assistance from the department of justice, as provided under s. 165.25 (4).

AB64,719 Section 719 . 40.65 (7) (am) (intro.) of the statutes is amended to read:

AB64,412,14 40.65 (7) (am) (intro.) This paragraph applies to benefits based on applications filed on or after May 3, 1988. If a protective occupation participant dies as a result of an injury or a disease for which a benefit is paid or would be payable under sub. (4), and the participant is survived by a spouse, domestic partner, or an unmarried child under the age of 18, a monthly benefit shall be paid as follows:

AB64,720 Section 720 . 40.65 (7) (am) 1. of the statutes is amended to read:

AB64,412,22 40.65 (7) (am) 1. To the surviving spouse or domestic partner until the surviving spouse remarries or the surviving domestic partner enters into a new domestic partnership or marries, if the spouse was married to the participant on the date that the participant was disabled under sub. (4) or the domestic partner was in a domestic partnership with the participant on the date that the participant was disabled under sub. (4), 50 percent of the participant's monthly salary at the time of death, but reduced by any amount payable under sub. (5) (b) 1. to 6.

AB64,721 Section 721 . 40.65 (7) (am) 2. of the statutes is amended to read:

AB64,413,4 40.65 (7) (am) 2. To a guardian for each of that guardian's wards who is an unmarried surviving child under the age of 18, 10 percent of the participant's monthly salary at the time of death, payable until the child marries, dies or reaches the age of 18, whichever occurs first. The marital or domestic partnership status of the surviving spouse or domestic partner shall have has no effect on the payments under this subdivision.

AB64,722 Section 722 . 40.65 (7) (ar) 1. (intro.) of the statutes is amended to read:

AB64,413,11 40.65 (7) (ar) 1. (intro.) This paragraph applies to benefits based on applications filed on or after May 12, 1998. If a protective occupation participant, who is covered by the presumption under s. 891.455, dies as a result of an injury or a disease for which a benefit is paid or would be payable under sub. (4), and the participant is survived by a spouse, domestic partner, or an unmarried child under the age of 18, a monthly benefit shall be paid as follows:

AB64,723 Section 723 . 40.65 (7) (ar) 1. a. of the statutes is amended to read:

AB64,413,19 40.65 (7) (ar) 1. a. To the surviving spouse or domestic partner until the surviving spouse or domestic partner remarries or enters into a new domestic partnership, if the surviving spouse was married to the participant on the date that the participant was disabled under sub. (4) or the domestic partner was in a domestic partnership with the participant on the date that the participant was disabled under sub. (4), 70 percent of the participant's monthly salary at the time of death, but reduced by any amount payable under sub. (5) (b) 1. to 6.

AB64,724 Section 724 . 40.65 (7) (ar) 1. b. of the statutes is amended to read:

AB64,413,25 40.65 (7) (ar) 1. b. If there is no surviving spouse or domestic partner or the surviving spouse or domestic partner subsequently dies, to a guardian for each of that guardian's wards who is an unmarried surviving child under the age of 18, 10 percent of the participant's monthly salary at the time of death, payable until the child marries, dies or reaches the age of 18, whichever occurs first.

AB64,725 Section 725. 40.80 (2r) (a) 2. of the statutes is amended to read:

AB64,414,5 40.80 (2r) (a) 2. Assigns all or part of a participant's accumulated assets held in a deferred compensation plan under this subchapter to a spouse, former spouse, domestic partner, former domestic partner, child, or other dependent to satisfy a family support or marital property obligation.

AB64,726 Section 726 . 41.41 (10) (b) of the statutes is amended to read:

AB64,414,11 41.41 (10) (b) Each year, the department shall ascertain from the clerk of each taxation district in which the reserve or any land acquired by the board is located the aggregate gross general property tax rate for the taxation district, exclusive of the rate that applies under s. 70.58 and without respect to the school levy tax credit under s. 79.10.

AB64,727 Section 727 . 41.41 (10) (c) 1. of the statutes is amended to read:

AB64,414,21 41.41 (10) (c) 1. Except as provided in par. (d), on or before each January 31, the department shall pay to the treasurer of each taxation district specified in par. (b), with respect to all land in the Kickapoo valley reserve and all land acquired by the board on or before January 1 of the preceding year, an amount determined by multiplying the estimated value of the land equated to the average level of assessment in the taxation district by the aggregate gross general property tax rate, exclusive of the rate that applies under s. 70.58 and without respect to the school levy tax credit under s. 79.10, that would apply to the land in that taxation district for that year if it were taxable.

AB64,728 Section 728. 44.16 (title) of the statutes is amended to read:

AB64,414,23 44.16 (title) Circus World Museum Foundation.