Amendment ASA1-AB64

AB64-ASA1,918,7 440.52 (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-ASA1,1936p Section 1936p. 440.52 (8) (e) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,918,16 440.52 (8) (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-ASA1,1936q Section 1936q. 440.52 (10) (a) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,919,4 440.52 (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 department. 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 department considers necessary. If a school closure results in losses to students, parents, or sponsors, the board department may authorize the full or partial payment of those losses from the appropriation under s. 20.165 (1) (jt).

AB64-ASA1,1936r Section 1936r. 440.52 (10) (b) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,919,13 440.52 (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-ASA1,1936s Section 1936s. 440.52 (10) (c) (intro.) and 1. of the statutes, as affected by 2017 Wisconsin Act .... (this act), are amended to read:

AB64-ASA1,919,19 440.52 (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-ASA1,919,22 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-ASA1,1936t Section 1936t. 440.52 (10) (cm) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,920,3 440.52 (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-ASA1,1936u Section 1936u. 440.52 (11) (b) 1. of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,920,13 440.52 (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-ASA1,1936v Section 1936v. 440.52 (11) (c) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,920,20 440.52 (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-ASA1,1936w Section 1936w. 440.52 (11) (d) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,921,9 440.52 (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. 20.165 (1) (jv).

AB64-ASA1,1936x Section 1936x. 440.52 (12) (a) (intro.) and 1. of the statutes, as affected by 2017 Wisconsin Act .... (this act), are amended to read:

AB64-ASA1,921,19 440.52 (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-ASA1,921,21 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-ASA1,1936y Section 1936y. 440.52 (12) (b) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,922,6 440.52 (12) (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-ASA1,1936z Section 1936z. 440.52 (13) (a) 2. a., b. and e. of the statutes, as affected by 2017 Wisconsin Act .... (this act), are amended to read:

AB64-ASA1,922,12 440.52 (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-ASA1,922,13 b. Is approved by the board department to operate in this state.

AB64-ASA1,922,17 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-ASA1,1936zm Section 1936zm. 440.52 (13) (d) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,922,24 440.52 (13) (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. 20.165 (1) (jr).

AB64-ASA1,2149m Section 2149m. 460.05 (1) (e) 1. of the statutes is amended to read:

AB64-ASA1,923,5 460.05 (1) (e) 1. Graduated from a school of massage therapy or bodywork therapy approved by the educational approval board under s. 38.50 440.52 that meets the requirements under s. 460.095 or completed a training program approved by the affiliated credentialing board under the rules promulgated under s. 460.04 (2) (b).

AB64-ASA1,2149p Section 2149p. 460.05 (1) (e) 1. of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,923,12 460.05 (1) (e) 1. Graduated from a school of massage therapy or bodywork therapy approved by the educational approval board department under s. 440.52 that meets the requirements under s. 460.095 or completed a training program approved by the affiliated credentialing board under the rules promulgated under s. 460.04 (2) (b).

AB64-ASA1,2212 Section 2212 . 563.055 (2) (b) of the statutes is amended to read:

AB64-ASA1,923,15 563.055 (2) (b) Pays the charge for an unpaid draft established by the depository selection board under s. 20.905 (2).

AB64-ASA1,2212g Section 2212g. 601.31 (1) (n) of the statutes is amended to read:

AB64-ASA1,923,20 601.31 (1) (n) For appointing, or renewing an appointment of, an agent under s. 628.11, $16 annually for resident agents or $40 $30 annually for nonresident agents, unless the commissioner sets a higher fee by rule, to be paid at times and under procedures set by the commissioner.

AB64-ASA1,2212m Section 2212m. 601.415 (13) of the statutes is created to read:

AB64-ASA1,924,2 601.415 (13) Membership in the National Conference of Insurance Legislators. Annually, from the appropriation account under s. 20.145 (1) (g), the commissioner shall credit to the appropriation account under s. 20.765 (3) (g) an amount sufficient for the payment of annual dues by the legislature for membership in the National Conference of Insurance Legislators.

AB64-ASA1,2213 Section 2213 . 605.03 (1) (a) of the statutes is amended to read:

AB64-ASA1,924,7 605.03 (1) (a) Mandatory coverage. The Subject to par. (f), the property fund shall provide protection against fire and extended coverage perils. The coverage shall be at least as favorable as that customarily provided by policies filed with the commissioner for the use of private insurers in insuring comparable property.

AB64-ASA1,2214 Section 2214 . 605.03 (1) (d) of the statutes is amended to read:

AB64-ASA1,924,10 605.03 (1) (d) Term of policy. The Subject to par. (f) 1., the manager may prescribe the time periods for which coverage is to be provided.

AB64-ASA1,2215 Section 2215 . 605.03 (1) (f) of the statutes is created to read:

AB64-ASA1,924,15 605.03 (1) (f) Limits on issuance, renewal, and filing claims; final distribution. 1. No coverage under the property fund may be issued on or after July 1, 2017. No coverage may be renewed after December 31, 2017. No coverage may terminate later than December 31, 2018.

AB64-ASA1,924,17 2. All claims must be filed with the property fund by no later than July 1, 2019. No claim filed after July 1, 2019, will be covered by the fund.

AB64-ASA1,924,20 3. Upon the cessation of all operations of the property fund, the manager shall distribute any moneys remaining in the fund among the local governmental units that were insured under the fund on July 1, 2017.

AB64-ASA1,2216 Section 2216 . 605.21 (1) of the statutes is amended to read:

AB64-ASA1,925,6 605.21 (1) Placing insurance. The Subject to s. 605.03 (1) (f), the property fund shall insure property described in s. 605.02 after receipt from the clerk of the local governmental unit of a certified copy of the resolution authorizing insurance in the property fund. The clerk shall report to the manager each policy then in force upon such property, stating the property covered by the policy and the dates of issue and of expiration, the amounts and rates of insurance and the premiums. Property already insured shall become insured by the property fund as existing policies expire or are canceled. Thereafter the insurance on all property described in s. 605.02 shall be provided. Premiums shall be certified by the manager to the clerk of the appropriate unit.

AB64-ASA1,2217 Section 2217 . 605.23 (1) of the statutes is amended to read:

AB64-ASA1,925,13 605.23 (1) Payment for losses. The Subject to s. 605.03 (1) (f) 2., the manager shall determine within a reasonable time any loss on insured property owned by a local governmental unit or for which the unit is liable and promptly certify the amount to the department of administration, which shall issue a warrant on the property fund payable to the treasurer of the local governmental unit for the amount of the loss less any applicable amounts under s. 605.03 (2) or (3).

AB64-ASA1,2218 Section 2218 . 605.35 of the statutes is repealed.

AB64-ASA1,2221 Section 2221 . 706.05 (12) of the statutes is amended to read:

AB64-ASA1,925,21 706.05 (12) Every conveyance of any interest in real property offered for recordation shall be accompanied by the form under s. 77.22 (2). If the property is subject to certification under s. 101.122 (4) (a), waiver under s. 101.122 (4) (b) or stipulation under s. 101.122 (4) (c), the documents of conveyance offered for recordation shall have appended the certificate required under s. 101.122 (4) (a), a waiver under s. 101.122 (4) (b) or a stipulation under s. 101.122 (4) (c).

AB64-ASA1,2225d Section 2225d. 770.001 of the statutes is repealed.

AB64-ASA1,2225f Section 2225f. 770.05 (intro.) of the statutes is amended to read:

AB64-ASA1,926,3 770.05 Criteria for forming a domestic partnership. (intro.) Two Subject to s. 770.07 (1) (a), 2 individuals may form a domestic partnership if they satisfy all of the following criteria:

AB64-ASA1,2225p Section 2225p. 770.07 (1) (a) of the statutes is amended to read:

AB64-ASA1,926,9 770.07 (1) (a) Individuals who wish to To form a domestic partnership shall, individuals must apply on or after the 31st day beginning after July 1, 2009, but no later than the effective date of this paragraph .... [LRB inserts date], for a declaration of domestic partnership to the county clerk of the county in which at least one of the individuals has resided for at least 30 days immediately before applying.

AB64-ASA1,2225r Section 2225r. 770.07 (3) of the statutes is created to read:

AB64-ASA1,926,13 770.07 (3) No county clerk may issue a declaration of domestic partnership to individuals who apply after the effective date of this subsection .... [LRB inserts date].

AB64-ASA1,2226 Section 2226 . 778.25 (1) (a) 7. of the statutes is repealed.

AB64-ASA1,2227 Section 2227 . 778.25 (1) (b) of the statutes is amended to read:

AB64-ASA1,926,18 778.25 (1) (b) The citation form provided by this section may serve as the initial pleading for the action and, except as provided in par. (c), is adequate process to give a court jurisdiction over the person if the citation is filed with the court.

AB64-ASA1,2228 Section 2228 . 778.25 (1) (c) of the statutes is repealed.

AB64-ASA1,2229j Section 2229j. 779.14 (1e) (b) of the statutes is amended to read:

AB64-ASA1,927,2 779.14 (1e) (b) All contracts that are in excess of $30,000, as indexed under sub. (1s), and that are for performing, furnishing, or procuring labor, services, materials, plans, or specifications for a public improvement or public work shall contain a provision under which the prime contractor agrees, to the extent practicable, to maintain a list of all subcontractors, suppliers, and service providers performing, furnishing, or procuring labor, services, materials, plans, or specifications under the contract.

AB64-ASA1,2229k Section 2229k. 779.14 (1m) (c) 1. (intro.) of the statutes is amended to read:

AB64-ASA1,927,6 779.14 (1m) (c) 1. (intro.) In the case of a contract with a contract price exceeding $10,000, as indexed under sub. (1s), $16,000 but not exceeding $100,000, as indexed under sub. (1s) $148,000:

AB64-ASA1,2229m Section 2229m. 779.14 (1m) (c) 2. (intro.) of the statutes is amended to read:

AB64-ASA1,927,10 779.14 (1m) (c) 2. (intro.) In the case of a contract with a contract price exceeding $100,000, as indexed under sub. (1s), $148,000 but not exceeding $250,000, as indexed under sub. (1s) $369,000:

AB64-ASA1,2229n Section 2229n. 779.14 (1m) (c) 3. of the statutes is amended to read:

AB64-ASA1,927,15 779.14 (1m) (c) 3. In the case of a contract with a contract price exceeding $250,000, as indexed under sub. (1s), $369,000 the contract shall require the prime contractor to obtain a payment and performance bond meeting the requirements under par. (e).

AB64-ASA1,2229p Section 2229p. 779.14 (1m) (d) 1. (intro.) of the statutes is amended to read:

AB64-ASA1,927,19 779.14 (1m) (d) 1. (intro.) In the case of a contract with a contract price exceeding $10,000, as indexed under sub. (1s), $16,000 but not exceeding $50,000, as indexed under sub. (1s) $74,000:

AB64-ASA1,2229r Section 2229r. 779.14 (1m) (d) 2. (intro.) of the statutes is amended to read:

AB64-ASA1,927,23 779.14 (1m) (d) 2. (intro.) In the case of a contract with a contract price exceeding $50,000, as indexed under sub. (1s), $74,000 but not exceeding $100,000, as indexed under sub. (1s) $148,000:

AB64-ASA1,2229s Section 2229s. 779.14 (1m) (d) 3. of the statutes is amended to read:

AB64-ASA1,928,4 779.14 (1m) (d) 3. Except as provided in sub. (4), in the case of a contract with a contract price exceeding $100,000, as indexed under sub. (1s), $148,000 the contract shall require the prime contractor to obtain a payment and performance bond meeting the requirements under par. (e).

AB64-ASA1,2229t Section 2229t. 779.14 (1s) of the statutes is repealed.

AB64-ASA1,2230s Section 2230s. 809.30 (2) (d) of the statutes is amended to read:

AB64-ASA1,928,15 809.30 (2) (d) Indigency redetermination. Except as provided in this paragraph, whenever a person whose trial counsel is appointed by the state public defender files a notice under par. (b) requesting public defender representation for purposes of postconviction or postdisposition relief, the prosecutor may, within 5 days after the notice is served and filed, file in the circuit court and serve upon the state public defender a request that the person's indigency be redetermined before counsel is appointed or transcripts are requested. This paragraph does not apply to a person who is entitled to be represented by counsel under s. 48.23, 51.60 (1), 55.105, or 938.23, or 980.03 (2) (a).

AB64-ASA1,2233 Section 2233 . 815.18 (3) (o) of the statutes is amended to read:

AB64-ASA1,928,17 815.18 (3) (o) Tuition units. Tuition units purchased under s. 16.64 224.48.

AB64-ASA1,2234 Section 2234 . 815.18 (3) (p) of the statutes is amended to read:

AB64-ASA1,928,20 815.18 (3) (p) College savings accounts. An interest in a college savings account under s. 16.641 224.50.

AB64-ASA1,2235 Section 2235 . 846.167 (2) (a) of the statutes is amended to read:

AB64-ASA1,929,2 846.167 (2) (a) If the purchaser is not the judgment creditor, before the court may confirm the sale, the purchaser shall provide the judgment creditor with any information required for the judgment creditor to complete the real estate transfer return under s. 77.22 and, if applicable, any information required for a certificate, waiver, or stipulation required under s. 101.122.

AB64-ASA1,2236 Section 2236 . 846.167 (2) (b) 2. b. of the statutes is amended to read: