SB436: Bill Text

SB436,42,12 b. If the purchaser is an individual, he or she is a resident of this state.

SB436,42,14 c. If the purchaser is a legal guardian that is not an individual, the legal guardian is organized under the laws of this state.

SB436,42,15 d. If the purchaser is a trust, the trust is created under the laws of this state.

SB436,42,16 4. At least one of the following applies:

SB436,42,17 a. The beneficiary is the purchaser.

SB436,42,20 b. If the purchaser is an individual, the beneficiary is the child, grandchild, nephew or niece of the individual or is a child who is under the legal guardianship of the individual.

SB436,42,22 c. If the purchaser is a legal guardian that is not an individual, the beneficiary is a child who is under the legal guardianship of the legal guardian.

SB436,42,23 d. If the purchaser is a trust, the beneficiary is the beneficiary of the trust.

SB436, s. 7 Section 7. 16.24 (3) (c) of the statutes is repealed.

SB436, s. 8 Section 8. 16.24 (3) (d) of the statutes is amended to read:

SB436,43,3 16.24 (3) (d) The department shall promulgate rules authorizing an individual a person who has entered into a contract under this subsection to change the beneficiary named in the contract.

SB436, s. 9 Section 9. 16.24 (4) of the statutes is amended to read:

SB436,43,12 16.24 (4) Number of tuition units purchased. An individual A person who enters into a contract under sub. (3) may purchase tuition units at any time and in any number, except that the total number of tuition units purchased on behalf of a single beneficiary may not exceed the number necessary to pay for 4 years of full-time attendance, including mandatory student fees, as a resident undergraduate at the institution within the University of Wisconsin System that has the highest resident undergraduate tuition, as determined by the department, in the anticipated academic years of their use.

SB436, s. 10 Section 10. 16.24 (5) (a) of the statutes is amended to read:

SB436,43,20 16.24 (5) (a) If Except as provided in sub. (7m), if an individual named as beneficiary in a contract under sub. (3) attends an institution of higher education in the United States, each tuition unit purchased on his or her behalf entitles that beneficiary to apply toward the payment of tuition at the institution an amount equal to 1% of the anticipated weighted average tuition of bachelor's degree-granting institutions within the University of Wisconsin System for the year of attendance, as estimated under sub. (2) in the year in which the tuition unit was purchased.

SB436, s. 11 Section 11. 16.24 (6) (a) (intro.) of the statutes is amended to read:

SB436,43,23 16.24 (6) (a) (intro.) A contract under sub. (3) may be terminated by the individual person entering into the contract if any of the following occurs:

SB436, s. 12 Section 12. 16.24 (7) (a) to (e) of the statutes are renumbered 16.24 (7) (a) 1. to 5. and amended to read:

SB436,44,8 16.24 (7) (a) 1. When a beneficiary completes the program in which he or she is enrolled, if the beneficiary has not used all of the tuition units purchased on his or her behalf, the department shall refund to the individual person who entered into the contract an amount equal to 1% of the anticipated weighted average tuition in the academic year in which the beneficiary completed the program, as estimated under sub. (2) in the year in which the tuition units were purchased, multiplied by the number of tuition units purchased by the individual person and not used by the beneficiary.

SB436,44,14 2. If a contract is terminated under sub. (6) (a) 1., 2. or 3., the department shall refund to the individual person who entered into the contract an amount equal to 1% of the anticipated weighted average tuition in the academic year in which the contract is terminated, as estimated under sub. (2) in the year in which the tuition units were purchased, multiplied by the number of tuition units purchased by the individual person and not used by the beneficiary.

SB436,44,20 3. If a contract is terminated under sub. (6) (a) 4. or (b), the department shall refund to the individual person who entered into the contract an amount equal to 99% of the amount determined under par. (b) subd. 2. If a contract is terminated under sub. (6) (a) 4., the department may not issue a refund for one year following receipt of the notice of termination and may not issue a refund of more than 100 tuition units in any year.

SB436,44,23 4. If a contract is terminated under sub. (6) (a) 5., the department shall refund to the individual person who entered into the contract the amount under par. (b) subd. 2. or under par. (c) subd. 3., as determined by the department.

SB436,45,5 5. If the beneficiary is awarded a scholarship, tuition waiver or similar subsidy that cannot be converted into cash by the beneficiary, the department shall refund to the individual person who entered into the contract, upon his or her 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 department on behalf of the beneficiary during the semester in which the beneficiary is enrolled.

SB436, s. 13 Section 13. 16.24 (7) (a) (intro.) of the statutes is created to read:

SB436,45,8 16.24 (7) (a) (intro.) Except as provided in sub. (7m), the department shall do all of the following:

SB436, s. 14 Section 14. 16.24 (7) (f) of the statutes is renumbered 16.24 (7) (b) and amended to read:

SB436,45,13 16.24 (7) (b) Except as provided under par. (c) (a) 3., the department shall determine the method and schedule for the payment of refunds under this subsection.

SB436, s. 15 Section 15. 16.24 (7m) of the statutes is created to read:

SB436,45,18 16.24 (7m) Tuition unit value adjustment; refund adjustment. (a) The 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:

SB436,45,21 1. The individual named as the beneficiary in a contract under sub. (3) wishes to use the tuition unit for the payment of tuition in a year other than the anticipated academic year of attendance, as specified in the contract.

SB436,45,25 2. The individual named as the beneficiary in a contract under sub. (3), or the person who entered into the contract, wishes to receive a refund under sub. (7) in a year other than the anticipated academic year of the beneficiary's attendance, as specified in the contract.

SB436,46,4 (b) The 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.

SB436,46,8 (c) The department may promulgate rules imposing or increasing penalties for refunds under sub. (7) (a) if the 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).

SB436, s. 16 Section 16. 16.24 (12) (b) of the statutes is renumbered 16.24 (12) (b) (intro.) and amended to read:

SB436,46,11 16.24 (12) (b) (intro.) The department may contract do any of the following:

SB436,46,13 1. Contract with any person for the management and operation of the program or any part of the program under this section.

SB436, s. 17 Section 17. 16.24 (12) (b) 2. of the statutes is created to read:

SB436,46,16 16.24 (12) (b) 2. Keep personal and financial information pertaining to a purchaser of tuition units or a beneficiary of tuition units closed to the public.

SB436, s. 18 Section 18. 19.35 (3) (f) of the statutes is amended to read:

SB436,46,22 19.35 (3) (f) An authority may require prepayment by a requester of any fee or fees imposed under this subsection if the total amount exceeds $5 or if the requester is an incarcerated person, or is a person confined in a federal correctional institution located in this state, and he or she has failed to pay any fee that was imposed by the authority for a request made previously by that requester.

SB436, s. 19 Section 19. 19.35 (3) (g) of the statutes is created to read:

SB436,47,2 19.35 (3) (g) If an incarcerated person or a person confined in a federal correctional institution located in this state has failed to pay any fee imposed by the authority for a previous request, the authority may deny a request by the prisoner or person.

SB436, s. 20 Section 20. 19.55 (2) (d) of the statutes is created to read:

SB436,47,7 19.55 (2) (d) Records of the social security number of any individual who files an application for licensure as a lobbyist under s. 13.63 or who registers as a principal under s. 13.64, except to the department of revenue for purposes of administration of s. 73.0301.

SB436, s. 21 Section 21. 20.002 (11) (b) of the statutes is amended to read:

SB436,47,16 20.002 (11) (b) The secretary of administration shall limit the total amount of any temporary reallocations to a fund other than the general fund to $400,000,000. The secretary of administration shall limit the total amount of any temporary reallocations to the general fund at any one time during a fiscal year to an amount equal to 5% of the total amounts shown in the schedule under s. 20.005 (3) of appropriations of general purpose revenues, calculated by the secretary as of that time and for that fiscal year. This paragraph does not apply to reallocations from the budget stabilization fund to the general fund.

SB436, s. 22 Section 22. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table - See PDF for table - See PDF for table - See PDF for table - See PDF for table

SB436, s. 23 Section 23. 20.143 (1) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB436,49,6 20.143 (1) (c) Wisconsin development fund; grants, loans, reimbursements and assistance. Biennially As a continuing appropriation, the amounts in the schedule for grants under s. 560.615; for grants and loans under ss. 560.62, 560.63 and 560.66; for grants under s. 560.145; for loans under s. 560.147; for grants under s. 560.16; for reimbursements under s. 560.167; for providing assistance under s. 560.06; for the loan under 1997 Wisconsin Act 27, section 9110 (7f); and for the grants under 1995 Wisconsin Act 27, section 9116 (7gg), 1995 Wisconsin Act 119, section 2 (1), and 1997 Wisconsin Act 27, section 9110 (6g), and 1997 Wisconsin Act .... (this act), section 9110 (1). Of the amounts in the schedule, $50,000 shall be allocated in each of fiscal years 1997-98, 1998-99 and 1999-2000 for providing the assistance under s. 560.06. Notwithstanding s. 560.62 (4), of the amounts in the schedule, $125,000 shall be allocated in each of 4 consecutive fiscal years, beginning with fiscal year 1998-99, for grants and loans under s. 560.62 (1) (a).

SB436, s. 24 Section 24. 20.143 (1) (c) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

SB436,49,20 20.143 (1) (c) Wisconsin development fund; grants, loans, reimbursements and assistance. Biennially, the amounts in the schedule for grants under s. 560.615; for grants and loans under ss. 560.62, 560.63 and 560.66; for grants under s. 560.145; for loans under s. 560.147; for grants under s. 560.16; for reimbursements under s. 560.167; for providing assistance under s. 560.06; for the loan under 1997 Wisconsin Act 27, section 9110 (7f); and for the grants under 1995 Wisconsin Act 27, section 9116 (7gg), 1995 Wisconsin Act 119, section 2 (1), and 1997 Wisconsin Act 27, section 9110 (6g). Of the amounts in the schedule, $50,000 shall be allocated in each of fiscal years 1997-98, 1998-99 and 1999-2000 for providing the assistance under s. 560.06. Notwithstanding s. 560.62 (4), of the amounts in the schedule, $125,000 shall be allocated in each of 4 consecutive fiscal years, beginning with fiscal year 1998-99, for grants and loans under s. 560.62 (1) (a).

SB436, s. 25 Section 25. 20.143 (1) (ie) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB436,50,5 20.143 (1) (ie) Wisconsin development fund, repayments. All moneys received in repayment of grants or loans under s. 560.085 (4) (b), 1985 stats., s. 560.147, s. 560.16, 1995 stats., s. 560.165, 1993 stats., subch. V of ch. 560 except s. 560.65, 1989 Wisconsin Act 336, section 3015 (1m), 1989 Wisconsin Act 336, section 3015 (2m), 1989 Wisconsin Act 336, section 3015 (3gx), and 1997 Wisconsin Act 27, section 9110 (7f), to be used for grants and loans under subch. V of ch. 560 except s. 560.65, for loans under s. 560.147, for grants under s. 560.16, for the loan under 1997 Wisconsin Act 27, section 9110 (7f), and for reimbursements under s. 560.167.

SB436, s. 26 Section 26. 20.143 (1) (jc) of the statutes is created to read:

SB436,50,9 20.143 (1) (jc) Physician and health care provider loan assistance programs repayments; penalties. All moneys received in penalties under ss. 560.183 (6m) and 560.184 (6m), to be used for loan repayments under ss. 560.183 and 560.184.

SB436, s. 27 Section 27. 20.143 (1) (qa) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB436,50,16 20.143 (1) (qa) (title) Business development assistance center; activities and staff Brownfields redevelopment activities; administration. From the petroleum inspection fund, the amounts in the schedule for activities of and staff for the business development assistance center under subch. III of ch. 560 administration of brownfields redevelopment activities.

SB436, s. 28 Section 28. 20.255 (2) (ac) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB436,50,24 20.255 (2) (ac) General equalization aids. A sum sufficient for the payment of educational aids under ss. 121.08, 121.09 and 121.105 and subch. VI of ch. 121 equal to $3,318,488,800 in the 1997-98 fiscal year, equal to $3,471,033,800 in the 1998-99 fiscal year and equal to the amount determined by the joint committee on finance under s. 121.15 (3m) (c) in each fiscal year thereafter, less the amount appropriated under par. (bi).

SB436, s. 29 Section 29. 20.255 (2) (fk) of the statutes is created to read:

SB436,51,2 20.255 (2) (fk) Grant program for peer review and mentoring. The amounts in the schedule for the grant program for peer review and mentoring under s. 115.405.

SB436, s. 30 Section 30. 20.255 (3) (c) of the statutes is created to read:

SB436,51,6 20.255 (3) (c) National teacher certification. The amounts in the schedule for payments to teachers who are certified by the National Board for Professional Teaching Standards under s. 115.42.

SB436, s. 31 Section 31. 20.320 (1) (x) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB436,51,14 20.320 (1) (x) Clean water fund program financial assistance; federal. From the clean water fund program federal revolving loan fund account in the environmental improvement fund, all moneys received from the federal government to provide financial assistance under the clean water fund program under s. 281.58, as authorized by the governor under s. 16.54, except moneys appropriated under par. (y), for financial assistance under the clean water fund program under s. 281.58.

SB436, s. 32 Section 32. 20.320 (1) (y) of the statutes is created to read:

SB436,51,22 20.320 (1) (y) Clean water fund program federal financial hardship assistance. From the clean water fund program federal hardship assistance account in the environmental improvement fund, all moneys received from the federal government under P.L. 104-134, Title III, to provide clean water fund program federal financial hardship assistance under s. 281.58 (13) (be), as authorized by the governor under s. 16.54, for clean water fund program federal financial hardship assistance under s. 281.58 (13) (be).

SB436, s. 33 Section 33. 20.370 (2) (da) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB436,52,5 20.370 (2) (da) Waste tire removal and recovery programs; program activities. A sum sufficient, not to exceed the amount lapsed from the appropriation account under s. 20.370 (2) (dj), 1995 stats., on June 30, 1997, plus $798,800 for waste tire grant payments under 1997 Wisconsin Act 27, section 9137 (4eq), and tire dump nuisance abatement under s. 289.55.

SB436, s. 34 Section 34. 20.370 (5) (cq) of the statutes, as affected by 1997 Wisconsin Act 27, section 378m, is amended to read:

SB436,52,15 20.370 (5) (cq) Recreation aids — recreational boating and other projects. As a continuing appropriation, the amounts in the schedule for recreational boating aids under s. 30.92, for the grant for Black Point Estate under s. 23.0962, for financial assistance to the Wisconsin Lake Schooner Education Association under 1997 Wisconsin Act 27, section 9137 (12f), for the Southeastern Wisconsin Fox River commission under 1997 Wisconsin Act .... (this act), section 9136 (2), for the Portage levee system under s. 31.309 and for the engineering and environmental study under s. 31.307.

SB436, s. 35 Section 35. 20.370 (5) (cq) of the statutes, as affected by 1997 Wisconsin Act 27, section 378no, and 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

SB436,52,23 20.370 (5) (cq) Recreation aids — recreational boating and other projects. As a continuing appropriation, the amounts in the schedule for recreational boating aids under s. 30.92, for the grant for Black Point Estate under s. 23.0962, for the Portage levee system under s. 31.309 and for the engineering and environmental study under s. 31.307.

SB436, s. 36 Section 36. 20.370 (6) (br) of the statutes is amended to read:

SB436,53,4 20.370 (6) (br) Environmental aids — waste reduction and recycling demonstration grants. From the recycling fund, as a continuing appropriation, the amounts in the schedule for waste reduction and recycling demonstration grants under s. 287.25 and for miscellaneous recycling grants under s. 287.24.

SB436, s. 37 Section 37. 20.370 (6) (cq) of the statutes is created to read:

SB436,53,8 20.370 (6) (cq) Environmental aids — vapor recovery grants. From the petroleum inspection fund, as a continuing appropriation, the amounts in the schedule for grants under s. 285.31 (5).

SB436, s. 38 Section 38. 20.370 (8) (mt) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB436,53,15 20.370 (8) (mt) Equipment pool operations. All moneys received by the department from the department or from other state agencies from car, truck, airplane, heavy equipment, information technology or radio pools for operation, maintenance, replacement and purchase of vehicles, equipment and information technology.

SB436, s. 39 Section 39. 20.410 (3) (g) of the statutes is created to read:

SB436,53,19 20.410 (3) (g) Legal services collections. All moneys received as reimbursement for costs of legal actions authorized under ss. 301.03 (18) and 301.12 to be used to pay costs associated with such legal actions.

SB436, s. 40 Section 40. 20.410 (3) (gg) of the statutes is created to read:

SB436,53,23 20.410 (3) (gg) Collection remittances to local units of government. All moneys received under ss. 301.03 (18) and 301.12 to be used to remit departmental collections under ss. 301.03 (18) (g) and 301.12 (8) (i).

SB436, s. 41 Section 41. 20.410 (3) (hm) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB436,54,23 20.410 (3) (hm) Juvenile correctional services. Except as provided in pars. (ho) and (hr), the amounts in the schedule for juvenile correctional services specified in s. 301.26 (4) (c) and (d) and to operate the correctional institution authorized under 1997 Wisconsin Act 4, section 4 (1) (a). All moneys received from the sale of surplus property, including vehicles, from juvenile correctional institutions operated by the department, all moneys received as payments in restitution of property damaged at juvenile correctional institutions operated by the department, all moneys received from miscellaneous services provided at a juvenile correctional institution operated by the department, all moneys transferred under s. 301.26 (4) (cm), all moneys received under 1997 Wisconsin Act 27, section 9111 (2u) and, except as provided in par. (hr), all moneys received in payment for juvenile correctional services specified in s. 301.26 (4) (d) and (dt) shall be credited to this appropriation account. If moneys generated by the daily rate under s. 301.26 (4) (d) exceed actual fiscal year institutional costs, other than the cost of operating the correctional institution authorized under 1997 Wisconsin Act 4, section 4 (1) (a), by 2% or more, all moneys in excess of that 2% shall be remitted to the counties during the subsequent calendar year or transferred to the appropriation account under par. (kx) during the subsequent fiscal year. Each county and the department shall receive a proportionate share of the remittance and transfer depending on the total number of days of placement at juvenile correctional institutions including the Mendota Juvenile Treatment Center. Counties shall use the funds for purposes specified in s. 301.26. The department shall deposit in the general fund the amounts transferred under this paragraph to the appropriation account under par. (kx).

SB436, s. 42 Section 42. 20.410 (3) (ho) of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read:

SB436,55,17 20.410 (3) (ho) Juvenile residential aftercare. The amounts in the schedule for providing foster care, treatment foster care, group home care and institutional child care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14) and 938.52. All moneys transferred under s. 301.26 (4) (cm) and all moneys received in payment for providing foster care, treatment foster care, group home care and institutional child care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14) and 938.52 as specified in s. 301.26 (4) (e) and (ed) shall be credited to this appropriation account. If moneys generated by the daily rate exceed actual fiscal year foster care, treatment foster care, group home care and institutional child care costs by 2% or more, all moneys in excess of 2% shall be remitted to the counties during the subsequent calendar year or transferred to the appropriation account under par. (kx) during the subsequent fiscal year. Each county and the department shall receive a proportionate share of the remittance and transfer depending on the total number of days of placement in foster care, treatment foster care, group home care or institutional child care. Counties shall use the funds for purposes specified in s. 301.26. The department shall deposit in the general fund the amounts transferred under this paragraph to the appropriation account under par. (kx).

SB436, s. 43 Section 43. 20.435 (3) (pm) of the statutes is created to read:

SB436,55,21 20.435 (3) (pm) Federal aid; adoption incentive payments. All federal moneys received as adoption incentive payments under 42 USC 473A, as authorized by the governor under s. 16.54, to be expended for the purposes for which received.