AB100: Bill Text

AB100,629,22 39.47 (2m) No resident of this state may receive a waiver of nonresident tuition under this section if the department board receives a certification under s. 49.855 (7) that the resident is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.

AB100, s. 1313 Section 1313. 39.51 (title) of the statutes is created to read:

AB100,629,24 39.51 (title) Educational approval board.

AB100, s. 1314 Section 1314. 39.51 (1) (a) of the statutes is created to read:

AB100,630,1 39.51 (1) (a) "Board" means the educational approval board.

AB100, s. 1315 Section 1315. 39.51 (5) of the statutes is created to read:

AB100,630,8 39.51 (5) Employes, quarters. The board shall employ a person to perform the duties of an executive secretary and such other persons under the classified service as may be necessary to carry out its purpose. The person performing the duties of the executive secretary shall be in charge of the administrative functions of the board. The board shall, to the maximum extent practicable, keep its office with the higher educational aids board.

AB100, s. 1316 Section 1316. 40.02 (55) (a) of the statutes is amended to read:

AB100,630,14 40.02 (55) (a) Any person employed as a librarian by any school board in a library in any school under its jurisdiction, including a charter school as defined in s. 115.001 (1), whose qualifications as a librarian are at least equal to the minimum librarian qualifications prescribed by the department of education state superintendent of public instruction.

AB100, s. 1317 Section 1317. 40.03 (6) (j) of the statutes is amended to read:

AB100,630,20 40.03 (6) (j) May contract with the office of health care information in the office of the commissioner of insurance department of health and family services and may contract with other public or private entities for data collection and analysis services related to health maintenance organizations and insurance companies that provide health insurance to state employes.

AB100, s. 1318 Section 1318. 40.07 (1) (intro.) of the statutes is renumbered 40.07 (1) and amended to read:

AB100,630,25 40.07 (1) Notwithstanding any other statutory provision, individual personal information in the records of the department is not a public record and shall not be disclosed, unless: except as provided in this section.

AB100, s. 1319 Section 1319. 40.07 (1) (a) to (d) of the statutes are renumbered 40.07 (1m) (a) to (d).

AB100, s. 1320 Section 1320. 40.07 (1m) (intro.) of the statutes is created to read:

AB100,631,6 40.07 (1m) (intro.) Individual personal information in the records of the department, other than individual medical records, may be disclosed by the department only under one of the following conditions:

AB100, s. 1321 Section 1321. 40.07 (2) of the statutes is renumbered 40.07 (2) (intro.) and amended to read:

AB100,631,10 40.07 (2) (intro.) Notwithstanding sub. (1) medical Individual medical records may be disclosed by the department only when under one of the following conditions:

AB100,631,12 (a) When a disability application or health insurance claim denial is appealed or under s. 40.03 (1) (j), (6) (i), (7) (f) or (8) (f) or 40.65 (2) (b) 3.

AB100,631,16 (b) Under a court order or an order of a hearing examiner duly obtained after notice to the department and upon a showing to the court or the hearing examiner that the information is relevant to a pending court or administrative action but medical.

AB100,631,19 (2m) Individual medical information gathered for any one of the benefit plans established under this chapter may be used by any other benefit plan established under this chapter.

AB100, s. 1322 Section 1322. 40.07 (2) (c) of the statutes is created to read:

AB100,632,4 40.07 (2) (c) Upon written request, to the employer of a person who applies for a disability annuity or duty disability benefit or who files a claim for income continuation insurance under subch. V or, if the person is a state employe, to the department of administration for the purpose of managing the state employes' worker's compensation program under s. 16.865 (4). The only individual medical information that may be disclosed to an employer under this paragraph are the medical records and any attached documentation submitted to the department pursuant to a specific application for benefits related to a disability for which the employer is requested by the department to make a certification.

AB100, s. 1323 Section 1323. 40.07 (2) (d) of the statutes is created to read:

AB100,632,10 40.07 (2) (d) Upon written request, to a participant or his or her designee, but only if the participant's or his or her designee's access to the individual medical information is not otherwise restricted by law. The department may only disclose individual medical information under this paragraph that is specifically identified in the written request.

AB100, s. 1324 Section 1324. 40.08 (1c) of the statutes is created to read:

AB100,632,17 40.08 (1c) Withholding of annuity payments. Notwithstanding sub. (1), any monthly annuity paid under s. 40.23, 40.24, 40.25 (1), (2) or (2m) or 40.63 is subject to s. 767.265. The board and any member or agent thereof and the department and any employe or agent thereof are immune from civil liability for any act or omission while performing official duties relating to withholding any annuity payment pursuant to s. 767.265.

AB100, s. 1325 Section 1325. 40.08 (1g) of the statutes is created to read:

AB100,632,24 40.08 (1g) Withholding of lump sum payments. Notwithstanding sub. (1), any lump sum payment made under s. 40.23, 40.24, 40.25 (1), (2) or (2m) or 40.63 is subject to s. 49.852. The board and any member or agent thereof and the department and any employe or agent thereof are immune from civil liability for any act or omission while performing official duties relating to withholding any lump sum payment pursuant to s. 49.852.

AB100, s. 1326 Section 1326. 41.19 (2m) (c) (intro.) of the statutes is amended to read:

AB100,633,3 41.19 (2m) (c) (intro.) Subject to par. (d), from the appropriation under s. 20.380 (1) (bm) (a), the department shall award a grant to the applicant on behalf of an area of the state selected under par. (a) if all of the following apply:

AB100, s. 1327 Section 1327. 41.23 of the statutes is created to read:

AB100,633,12 41.23 Authority to license state symbols. (1) (a) Subject to par. (b), the department shall have exclusive rights and authority to license the commercial use of any state symbol or any representation designed by the state or that is affixed to state property for the purpose of manufacturing or marketing any article of merchandise on which is affixed such symbol or representation. No person may use for commercial purposes any state symbol or representation over which the department has rights or authority without being licensed to do so by the department.

AB100,633,14 (b) The department may not have any rights or authority over the commercial use of any of the following:

AB100,633,16 1. Any state symbol or representation to which the state does not possess the rights or authority.

AB100,633,18 2. Any state symbol or representation that relates to the University of Wisconsin System.

AB100,633,19 3. Any state symbol or representation described in s. 1.07, 1.08 or 1.10.

AB100,633,20 4. Any state symbol or representation that relates to the state historical society.

AB100,633,21 5. Any label or trademark adopted under s. 100.14.

AB100,633,23 6. Any state symbol or representation that relates to the state lottery under ch. 565.

AB100,633,25 7. Any brand, label, mark or tag that contains the words "convict-made", as provided under s. 132.13 (1) (a).

AB100,634,1 (2) The department may do any of the following:

AB100,634,4 (a) Market or sell any article of merchandise on which is affixed any state symbol or representation over which the department has exclusive rights and authority for the commercial purposes specified in sub. (1) (a).

AB100,634,7 (b) License one or more persons to use for commercial purposes any state symbol or representation over which the department has the exclusive rights and authority under sub. (1) (a).

AB100,634,11 (c) Contract with one or more persons for the purpose of manufacturing or marketing any article of merchandise on which is affixed any state symbol or representation over which the department has exclusive rights and authority for the commercial purposes specified in sub. (1) (a).

AB100,634,15 (d) Acquire excess or surplus property from the department of administration under ss. 16.72 (4) (b) and 16.98 (1) or from the department of transportation under s. 84.09 (5s) and sell the property to any person at a price determined by the department of tourism.

AB100,634,18 (3) The department shall enter into a contract with one or more statewide organizations under s. 41.25 for the purpose of marketing or selling any article of merchandise specified in sub. (2) (a) or any property specified in sub. (2) (d).

AB100,634,22 (4) (a) Any moneys received by the department from license fees under sub. (2) (b) or contracts entered into under sub. (2) (c) or (3) and any proceeds received by the department from the sale of merchandise under sub. (2) (a) or property under sub. (2) (d) shall be credited to the appropriation account under s. 20.380 (1) (h).

AB100,635,2 (b) A statewide organization that enters into a contract under sub. (3) shall transfer any proceeds received by the organization from the sale of merchandise or property under the contract to the secretary. The secretary shall credit any proceeds received under this paragraph to the appropriation account under s. 20.380 (1) (hm).

AB100,635,4 (5) The department shall promulgate rules for the administration of this section, including rules establishing the license fee under sub. (2) (b).

AB100, s. 1328 Section 1328. 41.25 of the statutes is created to read:

AB100,635,10 41.25 International trade, business and economic development grants. (1) From the appropriations under s. 20.380 (1) (h) and (hm), the department shall make grants to statewide organizations representing counties to promote international trade, business and economic development in the state if all of the following apply:

AB100,635,12 (a) The organization is a statewide organization created for the purpose of protecting county interests and promoting better county government.

AB100,635,14 (b) The organization has promoted international trade, business and economic development before the effective date of this paragraph .... [revisor inserts date].

AB100,635,17 (c) The organization enters into a written agreement with the department that specifies the conditions for use of the grant proceeds, including reporting and auditing requirements.

AB100,635,19 (d) The organization agrees in writing to submit to the department the report required under sub. (2) by the time required under sub. (2).

AB100,635,22 (2) An organization receiving a grant under this section shall submit to the department, within 6 months after spending the full amount of the grant, a report detailing how the grant proceeds were used.

AB100, s. 1329 Section 1329. 43.01 (1) of the statutes is amended to read:

AB100,635,24 43.01 (1) "Department" means the department of education public instruction.

AB100, s. 1330 Section 1330. 43.01 (6) of the statutes is repealed and recreated to read:

AB100,636,2 43.01 (6) "State superintendent" means the state superintendent of public instruction.

AB100, s. 1331 Section 1331. 43.03 (intro.) of the statutes is amended to read:

AB100,636,5 43.03 (title) General duties of department state superintendent. (intro.) The department state superintendent shall:

AB100, s. 1332 Section 1332. 43.05 (13) of the statutes is amended to read:

AB100,636,8 43.05 (13) Carry out such other programs and policies as directed by the department state superintendent.

AB100, s. 1333 Section 1333. 43.07 (intro.) of the statutes is amended to read:

AB100,636,15 43.07 Council on library and network development. (intro.) The department state superintendent and the division shall seek the advice of and consult with the council on library and network development in performing their duties in regard to library service. The secretary state superintendent or the administrator of the division shall attend every meeting of the council. The council may initiate consultations with the department and the division. The council shall:

AB100, s. 1334 Section 1334. 43.07 (2) of the statutes is amended to read:

AB100,636,19 43.07 (2) Advise the secretary state superintendent in regard to the general policies and activities of the state's program for library development, interlibrary cooperation and network development.

AB100, s. 1335 Section 1335. 43.07 (3) of the statutes is amended to read:

AB100,636,24 43.07 (3) Advise the secretary state superintendent in regard to the general policies and activities of the state's program for the development of school library media programs and facilities and the coordination of these programs with other library services.

AB100, s. 1336 Section 1336. 43.07 (4) of the statutes is amended to read:

AB100,637,6 43.07 (4) Hold a biennial meeting for the purpose of discussing the report submitted by the department state superintendent under s. 43.03 (3) (d). Notice of the meeting shall be sent to public libraries, public library systems, school libraries and other types of libraries and related agencies. After the meeting, the council shall make recommendations to the department state superintendent regarding the report and any other matter the council deems appropriate.

AB100, s. 1337 Section 1337. 43.07 (5) of the statutes is amended to read:

AB100,637,13 43.07 (5) On or before July 1 of every odd-numbered year, transmit to the department state superintendent a descriptive and statistical report on the condition and progress of library services in the state and recommendations on how library services in the state may be improved. The department state superintendent shall include the report as an addendum to the department's biennial report under s. 15.04 (1) (d).

AB100, s. 1338 Section 1338. 43.07 (7) of the statutes is amended to read:

AB100,637,18 43.07 (7) Receive complaints, suggestions and inquiries regarding the programs and policies of the department relating to library and network development, inquire into such complaints, suggestions and inquiries, and advise the secretary state superintendent and the division on any action to be taken.

AB100, s. 1339 Section 1339. 43.13 (4) of the statutes is amended to read:

AB100,637,21 43.13 (4) Any decision by the division under this section may be appealed to the department state superintendent.

AB100, s. 1340 Section 1340. 43.15 (4) (c) 6. of the statutes is amended to read:

AB100,637,24 43.15 (4) (c) 6. Employs a head librarian holding current public library certification from the department of education public instruction.

AB100, s. 1341 Section 1341. 43.70 (1) of the statutes is amended to read:

AB100,638,7 43.70 (1) No later than October 15 of each year, each school district administrator shall certify to the department state superintendent, on forms provided by the department state superintendent, a report of the total number of children between the ages of 4 and 20 years residing in the school district on the preceding June 30. The number may be estimated by using statistically significant sampling techniques that have been approved by the department state superintendent.

AB100, s. 1342 Section 1342. 43.70 (2) of the statutes is amended to read:

AB100,638,14 43.70 (2) Annually, within 40 days after December 1, the department state superintendent shall ascertain the aggregate amount of all moneys received as income in the common school fund prior to that December 1 and shall apportion such the amount appropriated under s. 20.255 (2) (s) to the school districts in proportion to the number of children resident therein between the ages of 4 and 20 years, as shown by the census report certified under sub. (1).

AB100, s. 1343 Section 1343. 43.70 (3) of the statutes is amended to read:

AB100,639,5 43.70 (3) Immediately upon making such apportionment, the department state superintendent shall certify to the department of administration the total amount that each school district is entitled to receive under this section and shall notify each school district administrator of the amount so certified for his or her school district. Within 15 days after receiving such certification, the department of administration shall issue its warrants upon which the state treasurer shall pay the amount apportioned forthwith to the proper school district treasurer to each school district 50% of its total aid entitlement on or before January 31 and the balance on or before June 30. All moneys apportioned from the common school fund distributed under this section shall be expended for the purchase of library books and other instructional materials for school libraries, but not for public library facilities operated by school districts under s. 43.52, in accordance with rules promulgated by the department state superintendent. Appropriate records of such purchases shall be kept and necessary reports thereon shall be made to the department state superintendent.

AB100, s. 1344 Section 1344. Chapter 44 (title) of the statutes is amended to read:

AB100,639,11 Chapter 44 Historical societies and, arts board and technology for educational achievement in Wisconsin board