AB40, s. 63 3Section 63. 13.625 (9) of the statutes is amended to read:
AB40,63,84 13.625 (9) This section does not apply to the solicitation, acceptance, or
5furnishing of anything of pecuniary value by the department of commerce Wisconsin
6Economic Development Corporation
, or to a principal furnishing anything of
7pecuniary value to the department of commerce Wisconsin Economic Development
8Corporation
, under s. 19.56 (3) (e) or (f) for the activities specified in s. 19.56 (3) (e).
AB40, s. 64 9Section 64. 13.94 (1) (intro.) of the statutes is amended to read:
AB40,64,610 13.94 (1) Duties of the bureau. (intro.) The legislative audit bureau shall be
11responsible for conducting postaudits of the accounts and other financial records of
12departments to assure that all financial transactions have been made in a legal and
13proper manner. In connection with such postaudits, the legislative audit bureau
14shall review the performance and program accomplishments of the department
15during the fiscal period for which the audit is being conducted to determine whether
16the department carried out the policy of the legislature and the governor during the
17period for which the appropriations were made. In performing postaudits under this
18subsection, the legislative audit bureau shall not examine issues related to academic
19freedom within the University of Wisconsin–Madison or the University of Wisconsin
20System. A postaudit shall not examine into or comment upon the content of the
21various academic programs, including degree requirements, majors, curriculum or
22courses within the University of Wisconsin–Madison or the University of Wisconsin
23System, nor shall any such postaudit examine into the manner in which individual
24faculty members or groups of faculty members conduct their instructional, research
25or public service activities. This subsection does not preclude the bureau from

1reviewing the procedures by which decisions are made and priorities set in the
2University of Wisconsin–Madison or the University of Wisconsin System, or the
3manner in which such decisions and priorities are implemented within the
4University of Wisconsin–Madison or the University of Wisconsin System, insofar as
5such review is not inconsistent with s. 36.09 or 37.03. The legislative audit bureau
6shall audit the fiscal concerns of the state as required by law. To this end, it shall:
AB40, s. 65 7Section 65. 13.94 (1) (dp) of the statutes is created to read:
AB40,64,128 13.94 (1) (dp) In addition to any other audit to be performed under this section
9relating to veterans homes, perform one or more financial audits of the operation of
10the Wisconsin Veterans Home at Chippewa Falls by any private entity with which
11the department of veterans affairs enters into an agreement under s. 45.50 (2m) (c).
12The audit shall be performed at such time as the governor or legislature directs.
AB40, s. 66 13Section 66. 13.94 (1) (mm) of the statutes, as affected by 2011 Wisconsin Act
147
, is amended to read:
AB40,64,2415 13.94 (1) (mm) No later than July 1, 2012, prepare a financial and performance
16evaluation audit of the economic development programs administered by the
17department of commerce,
the University of Wisconsin System, the department of
18agriculture, trade and consumer protection, the department of natural resources, the
19Wisconsin Housing and Economic Development Authority, the Wisconsin Economic
20Development Corporation, the department of tourism, the technical college system,
21and the department of transportation. In this paragraph, economic development
22program has the meaning given in s. 560.001 (1m) 23.167 (1). The legislative audit
23bureau shall file a copy of the report of the audit under this paragraph with the
24distributees specified in par. (b).
AB40, s. 67 25Section 67. 13.94 (1) (ms) of the statutes is amended to read:
AB40,65,4
113.94 (1) (ms) No later than July 1, 2014, prepare a financial and performance
2evaluation audit of the economic development tax benefit program under ss. 560.701
3to 560.706
238.301 to 238.306. The legislative audit bureau shall file a copy of the
4report of the audit under this paragraph with the distributees specified in par. (b).
AB40, s. 68 5Section 68. 13.94 (1) (n) of the statutes is amended to read:
AB40,65,86 13.94 (1) (n) Provide periodic performance audits of any division of the
7department of commerce safety and professional services that is responsible for
8inspections of multifamily housing under s. 101.973 (11).
AB40, s. 69 9Section 69. 13.94 (1) (o) of the statutes is created to read:
AB40,65,1310 13.94 (1) (o) Annually, by June 30, prepare a financial and performance
11evaluation audit of at least one program funded by the universal service fund
12established under s. 25.95. The legislative audit bureau shall file a copy of each audit
13report under this paragraph with the distributees specified in par. (b).
AB40, s. 70 14Section 70. 13.94 (4) (a) 1. of the statutes, as affected by 2011 Wisconsin Act
157
, is amended to read:
AB40,66,816 13.94 (4) (a) 1. Every state department, board, examining board, affiliated
17credentialing board, commission, independent agency, council or office in the
18executive branch of state government; all bodies created by the legislature in the
19legislative or judicial branch of state government; any public body corporate and
20politic created by the legislature including specifically the University of
21Wisconsin–Madison,
the Wisconsin Quality Home Care Authority, the Fox River
22Navigational System Authority, the Lower Fox River Remediation Authority, and
23the Wisconsin Aerospace Authority, the Wisconsin Economic Development
24Corporation, a professional baseball park district, a local professional football
25stadium district, a local cultural arts district and a long-term care district under s.

146.2895; every Wisconsin works agency under subch. III of ch. 49; every provider of
2medical assistance under subch. IV of ch. 49; technical college district boards; every
3county department under s. 51.42 or 51.437; every nonprofit corporation or
4cooperative or unincorporated cooperative association to which moneys are
5specifically appropriated by state law; and every corporation, institution, association
6or other organization which receives more than 50% of its annual budget from
7appropriations made by state law, including subgrantee or subcontractor recipients
8of such funds.
AB40, s. 71 9Section 71. 13.95 (intro.) of the statutes, as affected by 2011 Wisconsin Act 7,
10is amended to read:
AB40,66,24 1113.95 Legislative fiscal bureau. (intro.) There is created a bureau to be
12known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau
13shall be strictly nonpartisan and shall at all times observe the confidential nature
14of the research requests received by it; however, with the prior approval of the
15requester in each instance, the bureau may duplicate the results of its research for
16distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's
17designated employees shall at all times, with or without notice, have access to all
18state agencies, the University of Wisconsin Hospitals and Clinics Authority, the
19University of Wisconsin–Madison,
the Wisconsin Aerospace Authority, the Health
20Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
21Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic
22Development Corporation, and the Fox River Navigational System Authority, and to
23any books, records, or other documents maintained by such agencies or authorities
24and relating to their expenditures, revenues, operations, and structure.
AB40, s. 72 25Section 72. 14.015 (1) of the statutes is amended to read:
AB40,67,13
114.015 (1) Disability board. There is created a disability board which is
2attached to the office of the governor under s. 15.03. Where not in conflict with s.
317.025, s. 15.07 applies to the disability board. The disability board shall consist of
4the governor, the chief justice of the supreme court, the speaker of the assembly, the
5president of the senate, the minority leader of the assembly, the minority leader of
6the senate, and the dean of the University of Wisconsin Medical School of Medicine
7and Public Health
. In case of the absence or disability of any of the members to serve
8for a particular meeting of the board, the lieutenant governor, a justice of the
9supreme court designated by the chief justice, the deputy speaker of the assembly,
10the majority leader of the senate, the assistant minority leader of the assembly, the
11assistant minority leader of the senate, or an associate dean of the University of
12Wisconsin Medical School of Medicine and Public Health designated by the dean
13shall serve, respectively, in place of the officers.
AB40, s. 73 14Section 73. 14.165 (2) of the statutes is amended to read:
AB40,67,1715 14.165 (2) Recommendations. The department of administration, department
16of commerce safety and professional services, and public service commission shall
17make recommendations to the governor for awards under sub. (1).
AB40, s. 74 18Section 74. 14.57 of the statutes is renumbered 15.105 (25m), and 15.105
19(25m) (intro.) and (a), as renumbered, are amended to read:
AB40,67,2320 15.105 (25m) Same; attached boards College savings program board. (intro.)
21There is created a college savings program board that is attached to the office of the
22state treasurer
department of administration under s. 15.03 and that consists of all
23of the following members:
AB40,67,2424 (a) The state treasurer secretary of administration or his or her designee.
AB40, s. 75
1Section 75. 14.63 of the statutes is renumbered 16.64, and 16.64 (2) (intro.)
2and (b), (3) (a), (c) and (d), (5) (b) (intro.), (6) (a) 5. and (b), (7) (a) (intro.), 4. and 5. and
3(b), (7m) (a) (intro.), (b) and (c), (9), (10) (a) and (b), (12) (title), (a) (intro.) and (b)
4(intro.) and (13), as renumbered, are amended to read:
AB40,68,65 16.64 (2) Weighted average tuition; tuition unit cost. (intro.) Annually, the
6state treasurer department and the board jointly shall determine all of the following:
AB40,68,137 (b) The price of a tuition unit, which shall be valid for a period determined
8jointly by the state treasurer department and the board. The price shall be sufficient
9to ensure the ability of the state treasurer department to meet his or her its
10obligations under this section. To the extent possible, the price shall be set so that
11the value of the tuition unit in the anticipated academic year of its use will be equal
12to 1% of the weighted average tuition for that academic year plus the costs of
13administering the program under this section attributable to the unit.
AB40,68,16 14(3) (a) An individual, trust, legal guardian, or entity described under 26 USC
15529
(e) (1) (C) may enter into a contract with the state treasurer department for the
16sale of tuition units on behalf of a beneficiary.
AB40,68,1717 (c) The state treasurer department may charge a purchaser an enrollment fee.
AB40,68,2018 (d) The state treasurer department shall promulgate rules authorizing a
19person who has entered into a contract under this subsection to change the
20beneficiary named in the contract.
AB40,68,23 21(5) (b) (intro.) Upon request by the beneficiary, the state treasurer department
22shall pay to the institution or beneficiary, whichever is appropriate, in each semester
23of attendance the lesser of the following:
AB40,68,25 24(6) (a) 5. Other circumstances determined by the state treasurer department
25to be grounds for termination.
AB40,69,4
1(b) The state treasurer department may terminate a contract under sub. (3) if
2any of the tuition units purchased under the contract remain unused 10 years after
3the anticipated academic year of the beneficiary's initial enrollment in an institution
4of higher education, as specified in the contract.
AB40,69,6 5(7) (a) (intro.) Except as provided in sub. (7m), the state treasurer department
6shall do all of the following:
AB40,69,97 4. If a contract is terminated under sub. (6) (a) 5., refund to the person who
8entered into the contract the amount under subd. 2. or under subd. 3., as determined
9by the state treasurer department.
AB40,69,1510 5. If the beneficiary is awarded a scholarship, tuition waiver or similar subsidy
11that cannot be converted into cash by the beneficiary, refund to the person who
12entered into the contract, upon the person's request, an amount equal to the value
13of the tuition units that are not needed because of the scholarship, waiver or similar
14subsidy and that would otherwise have been paid by the state treasurer department
15on behalf of the beneficiary during the semester in which the beneficiary is enrolled.
AB40,69,1716 (b) The state treasurer department shall determine the method and schedule
17for the payment of refunds under this subsection.
AB40,69,21 18(7m) (a) (intro.) The state treasurer department may adjust the value of a
19tuition unit based on the actual earnings attributable to the tuition unit less the costs
20of administering the program under this section that are attributable to the tuition
21unit if any of the following applies:
AB40,70,222 (b) The state treasurer department may not increase the value of a tuition unit
23under par. (a) to an amount that exceeds the value of a tuition unit that was
24purchased at a similar time, held for a similar period and used or refunded in the

1anticipated academic year of the beneficiary's attendance, as specified in the
2contract.
AB40,70,73 (c) The state treasurer department may promulgate rules imposing or
4increasing penalties for refunds under sub. (7) (a) if the state treasurer department
5determines that such rules are necessary to maintain the status of the program
6under this section as a qualified state tuition program under section 529 of the
7Internal Revenue Code, as defined in s. 71.01 (6).
AB40,70,12 8(9) Contract with actuary. The state treasurer department shall contract
9with an actuary or actuarial firm to evaluate annually whether the assets in the
10tuition trust fund are sufficient to meet the obligations of the state treasurer
11department under this section and to advise the state treasurer department on
12setting the price of a tuition unit under sub. (2) (b).
AB40,70,18 13(10) (a) Annually, the state treasurer department shall submit a report to the
14governor, and to the appropriate standing committees of the legislature under s.
1513.172 (3), on the program under this section. The report shall include any
16recommendations for changes to the program that the state treasurer department
17determines are necessary to ensure the sufficiency of the tuition trust fund to meet
18the state treasurer's department's obligations under this section.
AB40,70,2419 (b) The state treasurer department shall submit a quarterly report to the state
20investment board projecting the future cash flow needs of the tuition trust fund. The
21state investment board shall invest moneys held in the tuition trust fund in
22investments with maturities and liquidity that are appropriate for the needs of the
23fund as reported by the state treasurer department in his or her its quarterly reports.
24All income derived from such investments shall be credited to the fund.
AB40,71,2
1(12) (title) Additional duties and powers of the state treasurer. (a) (intro.)
2The state treasurer department shall do all of the following:
AB40,71,33 (b) (intro.) The state treasurer department may do any of the following:
AB40,71,7 4(13) Program termination. If the state treasurer department determines that
5the program under this section is financially infeasible, the state treasurer
6department shall discontinue entering into contracts under sub. (3) and discontinue
7selling tuition units under sub. (4).
AB40, s. 76 8Section 76. 14.64 of the statutes is renumbered 16.641, and 16.641 (2) (g), as
9renumbered, is amended to read:
AB40,71,1310 16.641 (2) (g) Ensure that if the department of administration changes
11vendors, the balances of college savings accounts are promptly transferred into
12investment instruments as similar to the original investment instruments as
13possible.
AB40, s. 77 14Section 77. 14.65 of the statutes is renumbered 16.642 and amended to read:
AB40,71,23 1516.642 Repayment to the general fund. (1) The secretary of
16administration
shall transfer from the tuition trust fund, the college savings
17program trust fund, the college savings program bank deposit trust fund, or the
18college savings program credit union deposit trust fund to the general fund an
19amount equal to the amount expended from the appropriations under s. 20.505 (9)
20(a), 1995 stats., s. 20.585 (2) (a), 2001 stats., and s. 20.585 (2) (am), 2001 stats., when
21the secretary of administration determines that funds in those trust funds are
22sufficient to make the transfer. The secretary of administration may make the
23transfer in installments.
AB40,72,2 24(2) Annually, by June 1, the state treasurer secretary shall submit a report to
25the secretary of administration and the joint committee on finance on the amount

1available for repayment under sub. (1), the amount repaid under sub. (1), and the
2outstanding balance under sub. (1).
AB40, s. 78 3Section 78. 14.76 (1m) of the statutes is created to read:
AB40,72,54 14.76 (1m) In this section, "state agency" includes the University of
5Wisconsin–Madison.
AB40, s. 79 6Section 79. 14.85 (2) of the statutes is amended to read:
AB40,72,97 14.85 (2) The secretary of commerce, the secretary of tourism, the secretary of
8natural resources, the secretary of transportation, and the director of the historical
9society, or their designees, shall serve as nonvoting members of the commission.
AB40, s. 80 10Section 80. 14.85 (8) (d) of the statutes is amended to read:
AB40,72,2111 14.85 (8) (d) If permitted by law, any state agency or local public body, board,
12commission or agency may allocate funds under its control to fund programs
13recommended by the commission. If the department of commerce determines that
14a program recommended by the commission to undertake activities relating to the
15promotion of economic development is consistent with the department's statewide
16economic development plans, priorities and resources, the department shall have
17primary responsibility to support the activities of the program.
If the department
18of tourism determines that a program recommended by the commission to undertake
19activities relating to the promotion of tourism is consistent with the department's
20statewide tourism marketing plans, priorities, and resources, the department shall
21have primary responsibility to support the activities of the program.
AB40, s. 81 22Section 81. 14.85 (9) of the statutes is amended to read:
AB40,73,423 14.85 (9) The commission may establish a technical committee to advise the
24commission. The members of the committee shall include at least one employee each
25from the department of transportation, and the department of tourism and the

1department of commerce
. The commission shall request the department of
2transportation, and the department of tourism and the department of commerce to
3designate employees to serve on the committee and may request any other state
4agency to designate an employee to serve on the committee.
AB40, s. 82 5Section 82. 15.01 (2) of the statutes is amended to read:
AB40,73,146 15.01 (2) "Commission" means a 3-member governing body in charge of a
7department or independent agency or of a division or other subunit within a
8department, except for the Wisconsin waterways commission which shall consist of
95 members and the earned release review parole commission which shall consist of
108 members. A Wisconsin group created for participation in a continuing interstate
11body, or the interstate body itself, shall be known as a "commission", but is not a
12commission for purposes of s. 15.06. The earned release review parole commission
13created under s. 15.145 (1) shall be known as a "commission", but is not a commission
14for purposes of s. 15.06.
AB40, s. 83 15Section 83. 15.01 (6) of the statutes is amended to read:
AB40,74,216 15.01 (6) "Division," "bureau," "section" and "unit" means the subunits of a
17department or an independent agency, whether specifically created by law or created
18by the head of the department or the independent agency for the more economic and
19efficient administration and operation of the programs assigned to the department
20or independent agency. The office of justice assistance in the department of
21administration, the office of energy independence in the department of
22administration, the office of the Wisconsin Covenant Scholars Program in the
23department of administration,
and the office of credit unions in the department of
24financial institutions have the meaning of "division" under this subsection. The
25office of the long-term care ombudsman under the board on aging and long-term

1care and the office of educational accountability in the department of public
2instruction have the meaning of "bureau" under this subsection.
AB40, s. 84 3Section 84. 15.02 (3) (c) 1. of the statutes is amended to read:
AB40,74,124 15.02 (3) (c) 1. The principal subunit of the department is the "division". Each
5division shall be headed by an "administrator". The office of justice assistance in the
6department of administration, the office of the Wisconsin Covenant Scholars
7Program in the department of administration,
and the office of credit unions in the
8department of financial institutions have the meaning of "division" and the executive
9staff director of the office of justice assistance in the department of administration,
10the director of the office of the Wisconsin Covenant Scholars Program in the
11department of administration,
and the director of credit unions have the meaning of
12"administrator" under this subdivision.
AB40, s. 85 13Section 85. 15.06 (6) of the statutes is amended to read:
AB40,74,1714 15.06 (6) Quorum. A majority of the membership of a commission constitutes
15a quorum to do business, except that vacancies shall not prevent a commission from
16doing business. This subsection does not apply to the earned release review parole
17commission.
AB40, s. 86 18Section 86. 15.07 (1) (b) 8. of the statutes is repealed.
AB40, s. 87 19Section 87. 15.07 (1) (cm) of the statutes is amended to read:
AB40,75,920 15.07 (1) (cm) The term of one member of the government accountability board
21shall expire on each May 1. The terms of 3 members of the economic policy board
22appointed under s. 15.155 (2) (a) 4. shall expire on May 1 of every even-numbered
23year and the terms of the other 3 members appointed under s. 15.155 (2) (a) 4. shall
24expire on May 1 of every odd-numbered year.
The terms of the 3 members of the land
25and water conservation board appointed under s. 15.135 (4) (b) 2. shall expire on

1January 1. The term of the member of the land and water conservation board
2appointed under s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered
3year. The terms of members of the real estate board shall expire on July 1. The terms
4of the appraiser members of the real estate appraisers board and the terms of the
5auctioneer and auction company representative members of the auctioneer board
6shall expire on May 1 in an even-numbered year. The terms of the members of the
7cemetery board shall expire on July 1 in an even-numbered year. The term of the
8student member of the Board of Regents of the University of Wisconsin System who
9is at least 24 years old shall expire on May 1 of every even-numbered year.
AB40, s. 88 10Section 88. 15.07 (1) (cs) of the statutes is amended to read:
AB40,75,1411 15.07 (1) (cs) No member of the auctioneer board, cemetery board, or real estate
12appraisers board, or real estate board may be an officer, director, or employee of a
13private organization that promotes or furthers any profession or occupation
14regulated by that board.
AB40, s. 89 15Section 89. 15.07 (3) (b) of the statutes is amended to read:
AB40,75,2116 15.07 (3) (b) Except as provided in par. (bm), each board not covered under par.
17(a) shall meet annually, and may meet at other times on the call of the chairperson
18or a majority of its members. The auctioneer board, the cemetery board, the real
19estate board,
and the real estate appraisers board shall also meet on the call of the
20secretary of regulation and licensing safety and professional services or his or her
21designee within the department.
AB40, s. 90 22Section 90. 15.07 (5) (r) of the statutes is repealed.
AB40, s. 91 23Section 91. 15.08 (1m) (c) of the statutes is amended to read:
AB40,76,524 15.08 (1m) (c) The membership of each examining board and examining
25council created in the department of regulation and licensing safety and professional

1services
after June 1, 1975, shall be increased by one member who shall be a public
2member appointed to serve for the same term served by the other members of such
3examining board or examining council, unless the act relating to the creation of such
4examining board or examining council provides that 2 or more public members shall
5be appointed to such examining board or examining council.
AB40, s. 92 6Section 92. 15.105 (12) (a) 1. of the statutes is amended to read:
AB40,76,97 15.105 (12) (a) 1. The secretary of transportation, the secretary of agriculture,
8trade and consumer protection and the secretary of commerce safety and
9professional services
or their formally appointed designees.
AB40, s. 93 10Section 93. 15.105 (25m) (bm) of the statutes is created to read:
AB40,76,1211 15.105 (25m) (bm) The chairperson of the board of trustees of the University
12of Wisconsin–Madison or his or her designee.
AB40, s. 94 13Section 94. 15.105 (30) of the statutes is repealed.
AB40, s. 95 14Section 95. 15.105 (31) of the statutes is repealed.
AB40, s. 96 15Section 96. 15.105 (32) of the statutes is created to read:
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