AB163: Bill Text

AB163,157 Section 157. 20.320 (3) (q) of the statutes is repealed.

AB163,158 Section 158. 20.370 (4) (mq) of the statutes is amended to read:

AB163,37,20 20.370 (4) (mq) General program operations — environmental fund. From the environmental fund, the amounts in the schedule for administration of environmental activities under chs. 160, 281, and 283 and for administration of activities related to the regulation of private on-site wastewater treatment systems under ch. 145.

AB163,159 Section 159. 20.435 (1) (gm) of the statutes is amended to read:

AB163,38,6 20.435 (1) (gm) Licensing, review and certifying activities; fees; supplies and services. The amounts in the schedule for the purposes specified in ss. 252.23, 252.24, 252.245, 253.12, 254.176, 254.178, 254.179, 254.20 (5) and (8), 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.88, 255.08 (2), and 256.15 (8), ch. 69, for the purchase and distribution of medical supplies, and to analyze and provide data under s. 250.04. All moneys received under ss. 250.04 (3m), 252.23 (4) (a), 252.24 (4) (a), 252.245 (9), 254.176, 254.178, 254.181, 254.20 (5) and (8), 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.88, 255.08 (2) (b), and 256.15 (5) (f) and (8) (d) and ch. 69, other than s. 69.22 (1m), and as reimbursement for medical supplies shall be credited to this appropriation account.

AB163,160 Section 160. 20.445 (1) (km) of the statutes is amended to read:

AB163,38,11 20.445 (1) (km) Nursing workforce survey and grants. All moneys transferred from the appropriation account under s. 20.165 (1) 20.142 (3) (jm) for developing, compiling, processing, evaluating, and reporting on the survey required under s. 106.30 (2) and (3) and for awarding grants under s. 106.30 (5) (a).

AB163,161 Section 161. 20.505 (1) (gr) of the statutes is renumbered 20.142 (3) (gr) and amended to read:

AB163,38,20 20.142 (3) (gr) Disabled veteran-owned, woman-owned, and minority business certification fees. All moneys received from fees collected under s. 16.283 203.03 (3) (c) for the costs of certifying disabled veteran-owned businesses under s. 16.283 203.03; all moneys received from fees collected under s. 16.285 203.05 (1) (bm), for the costs of certifying woman-owned businesses under s. 16.285 203.05; and all moneys received from fees collected under s. 16.287 203.07 (2) (dm) for the costs of certifying minority businesses under s. 16.287 203.07.

AB163,162 Section 162. 20.575 (1) (g) of the statutes is amended to read:

AB163,39,3 20.575 (1) (g) Program fees. The amounts in the schedule for the purpose of carrying out general program operations. Except as provided under par. (ka), all amounts received by the secretary of state, including fees under s. 137.02 and all moneys transferred from the appropriation under s. 20.144 (1) 20.142 (2) (g), shall be credited to this appropriation. Notwithstanding s. 20.001 (3) (a), any unencumbered balance at the close of a fiscal year exceeding 10% of that fiscal year's expenditures under this appropriation shall lapse to the general fund.

AB163,163 Section 163. 20.912 (4) of the statutes is amended to read:

AB163,39,15 20.912 (4) Insolvent depositories. When the bank, savings and loan association, savings bank, or credit union on which any check, share draft, or other draft is drawn by the secretary of administration before payment of such check, share draft, or other draft becomes insolvent or is taken over by the division of banking department of financial institutions and professional standards, the federal home loan bank board, the U.S. office of thrift supervision, the federal deposit insurance corporation, the resolution trust corporation, the office of credit unions, the administrator of federal credit unions, or the U.S. comptroller of the currency, the secretary of administration shall on the demand of the person in whose favor such check, share draft, or other draft was drawn and upon the return to the secretary of such check, share draft, or other draft issue a replacement for the same amount.

AB163,164 Section 164. 20.923 (4) (c) 2. of the statutes is amended to read:

AB163,39,18 20.923 (4) (c) 2. Administration Financial institutions and professional standards, department of; office of business development: director.

AB163,165 Section 165. 20.923 (4) (f) 3d. of the statutes is created to read:

AB163,39,21 20.923 (4) (f) 3d. Financial institutions and professional standards, department of: secretary.

AB163,166 Section 166. 20.923 (4) (f) 3f. of the statutes is repealed.

AB163,167 Section 167. 20.923 (4) (f) 8m. of the statutes is repealed.

AB163,168 Section 168. 20.923 (8) of the statutes is amended to read:

AB163,40,9 20.923 (8) Deputies. Salaries for deputies appointed pursuant to ss. 13.94 (3) (b), 15.04 (2), 230.04 (16), and 551.601 (1) shall be set by the appointing authority. The salary shall not exceed the maximum of the salary range one range below the salary range of the executive salary group to which the department or agency head is assigned. The positions of assistant secretary of state, assistant state treasurer and associate director of the historical society shall be treated as unclassified deputies for pay purposes under this subsection. The salary of the deputy director of the office of business development in the department of administration financial institutions and professional standards is assigned to executive salary group 2.

AB163,169 Section 169. 20.923 (12) of the statutes is repealed.

AB163,170 Section 170. 25.185 (1) (a) of the statutes is amended to read:

AB163,40,13 25.185 (1) (a) "Disabled veteran-owned financial adviser" means a financial adviser certified by the department of administration under s. 16.283 203.03 (3).

AB163,171 Section 171. 25.185 (1) (b) of the statutes is amended to read:

AB163,40,17 25.185 (1) (b) "Disabled veteran-owned investment firm" means an investment firm certified by the department of administration under s. 16.283 203.03 (3).

AB163,172 Section 172. 25.185 (1) (c) of the statutes is amended to read:

AB163,40,20 25.185 (1) (c) "Minority financial adviser" means a financial adviser certified by the department of administration under s. 16.287 203.07 (2).

AB163,173 Section 173. 25.185 (1) (d) of the statutes is amended to read:

AB163,40,23 25.185 (1) (d) "Minority investment firm" means an investment firm certified by the department of administration under s. 16.287 203.07 (2).

AB163,174 Section 174. 25.40 (1) (a) 2. of the statutes is amended to read:

AB163,41,3 25.40 (1) (a) 2. Other revenues specified in ch. 218 derived from the issuance of licenses under the authority of the division of banking department of financial institutions and professional standards which shall be paid into the general fund.

AB163,175 Section 175. 25.43 (3) of the statutes is amended to read:

AB163,41,9 25.43 (3) Except for the purpose of investment as provided in s. 25.17 (2) (d), the environmental improvement fund may be used only for the purposes authorized under ss. 20.320 (1) (r), (s), (sm), (t), and (x), and (2) (s) and (x) and (3) (q), 20.370 (4) (mt), (mx), and (nz), (8) (mr), and (9) (mt), (mx), and (ny), 20.505 (1) (v), (x) , and (y), 281.58, 281.59, 281.60, 281.61, and 281.62.

AB163,176 Section 176. 25.46 (5c) of the statutes is amended to read:

AB163,41,12 25.46 (5c) The moneys collected specified under s. ss. 145.19 (6) (6m) and 145.20 for environmental management.

AB163,177 Section 177. 29.506 (7m) (a) of the statutes is amended to read:

AB163,41,18 29.506 (7m) (a) The department shall issue a taxidermy school permit to a person who applies for the permit; who, on August 15, 1991, holds a valid taxidermist permit issued under this section; and who, on August 15, 1991, operates a taxidermy school approved by the educational approval board under s. 38.50 38.51, 1989 stats.

AB163,178 Section 178. 29.736 (1) (b) of the statutes is amended to read:

AB163,41,22 29.736 (1) (b) "Qualified inspector" means a veterinarian licensed under ch. 453 89 or a person who is qualified to provide evidence of fish health under s. 95.60 (4s) (c).

AB163,179 Section 179. 34.01 (2) (a) of the statutes is amended to read:

AB163,42,18 34.01 (2) (a) Any loss of public moneys, which have been deposited in a designated public depository in accordance with this chapter, resulting from the failure of any public depository to repay to any public depositor the full amount of its deposit because the office of credit unions, administrator of federal credit unions, U.S. comptroller of the currency, federal home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, or division of banking department of financial institutions and professional standards has taken possession of the public depository or because the public depository has, with the consent and approval of the office of credit unions, administrator of federal credit unions, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, or division of banking department of financial institutions and professional standards, adopted a stabilization and readjustment plan or has sold a part or all of its assets to another credit union, bank, savings bank, or savings and loan association which has agreed to pay a part or all of the deposit liability on a deferred payment basis or because the depository is prevented from paying out old deposits because of rules of the office of credit unions, administrator of federal credit unions, U.S. comptroller of the currency, federal home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, or division of banking department of financial institutions and professional standards.

AB163,180 Section 180. 34.03 (3) of the statutes is amended to read:

AB163,42,22 34.03 (3) Take such action as the division department deems necessary or appropriate for the protection, collection, compromise or settlement of any claim against or in favor of the appropriation under s. 20.144 (1) 20.142 (2) (a).

AB163,181 Section 181. 34.03 (4) of the statutes is amended to read:

AB163,43,3 34.03 (4) Exercise all powers reasonably necessary and proper to the full and complete performance of the division's department's functions under this chapter, including but not limited to ordinary powers granted corporations.

AB163,182 Section 182. 34.08 of the statutes is amended to read:

AB163,43,7 34.08 Payment of losses. (1) Except as provided in sub. (2), the appropriation in s. 20.144 (1) 20.142 (2) (a) shall be used to repay public depositors for losses until the appropriation is exhausted.

AB163,43,18 (2) Payments under sub. (1) shall be made in the order in which satisfactory proofs of loss are received by the division of banking department of financial institutions and professional standards. The payment made to any public depositor for all losses of the public depositor in any individual public depository may not exceed $400,000 above the amount of deposit insurance provided by an agency of the United States at the public depository that experienced the loss. Upon a satisfactory proof of loss, the division of banking department of financial institutions and professional standards shall direct the department of administration to draw its warrant payable from the appropriation under s. 20.144 (1) 20.142 (2) (a) and the secretary of administration shall pay the warrant under s. 16.401 (4) in favor of the public depositor that has submitted the proof of loss.

AB163,44,2 (3) Losses become fixed as of the date of loss. A public depositor experiencing a loss shall, within 60 days of the loss, assign its interest in the deposit, to the extent of the amount paid under this section, to the division of banking department of financial institutions and professional standards. Upon failure to make the assignment, the public depositor shall forfeit its right to payment under this section. Any recovery made by the division of banking department of financial institutions and professional standards under the assignment shall be repaid to the appropriation under s. 20.144 (1) 20.142 (2) (a).

AB163,183 Section 183. 34.10 of the statutes is amended to read:

AB163,45,9 34.10 Reorganization and stabilization of financial institutions. Whenever the office of credit unions, administrator of federal credit unions, U.S. comptroller of the currency, federal home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, or division of banking department of financial institutions and professional standards has taken charge of a credit union, bank, savings bank, or savings and loan association with a view of restoring its solvency, pursuant to law, or with a view of stabilizing and readjusting the structure of any national or state credit union, bank, savings bank, or savings and loan association located in this state, and has approved a reorganization plan or a stabilization and readjustment agreement entered into between the credit union, bank, savings bank, or savings and loan association and depositors and unsecured creditors, or when a credit union, bank, savings bank, or savings and loan association, with the approval of the office of credit unions, administrator of federal credit unions, U.S. comptroller of the currency, federal home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, or division of banking department of financial institutions and professional standards proposes to sell its assets to another credit union, bank, savings bank, or savings and loan association which agrees to assume a part or all of the deposit liability of such selling credit union, bank, savings bank, or savings and loan association and to pay the same on a deferred payment basis, the governing board of the public depositor may, on the approval of the division of banking department of financial institutions and professional standards, join in the execution of any reorganization plan, or any stabilization and readjustment agreement, or any depositor's agreement relative to a proposed sale of assets if, in its judgment and that of the division of banking department of financial institutions and professional standards, the reorganization plan or stabilization and readjustment agreement or proposed sale of assets is in the best interest of all persons concerned. The joining in any reorganization plan, or any stabilization and readjustment agreement, or any proposed sale of assets which meets the approval of the division of banking department of financial institutions and professional standards does not waive any rights under this chapter.

AB163,184 Section 184. 36.34 (1) (a) 3. of the statutes is amended to read:

AB163,45,11 36.34 (1) (a) 3. Is a Hispanic, as defined in s. 16.287 203.07 (1) (d).

AB163,185 Section 185. 38.04 (8) (a) of the statutes is amended to read:

AB163,45,14 38.04 (8) (a) In this subsection, "minority group member" has the meaning given in s. 16.287 203.07 (1) (f).

AB163,186 Section 186. 38.26 (1) of the statutes is amended to read:

AB163,45,17 38.26 (1) In this section, "minority student" means a student enrolled in a district school who is a minority group member, as defined in s. 16.287 203.07 (1) (f).

AB163,187 Section 187. 38.50 (title) of the statutes is repealed.

AB163,188 Section 188. 38.50 (1) (intro.), (b), (c), (d) and (e) of the statutes are renumbered 440.52 (1) (intro.), (b), (c), (d) and (e), and 440.52 (1) (e) 8., as renumbered, is amended to read:

AB163,45,23 440.52 (1) (e) 8. Schools accredited by accrediting agencies recognized by the board department.

AB163,189 Section 189. 38.50 (1) (a) of the statutes is repealed.

AB163,190 Section 190. 38.50 (1) (f) of the statutes is repealed.

AB163,191 Section 191. 38.50 (1) (g) of the statutes is repealed.

AB163,192 Section 192. 38.50 (2) of the statutes is renumbered 440.52 (2) and amended to read:

AB163,46,13 440.52 (2) Responsibilities. The board department shall protect the general public by inspecting and approving authorizing any private trade, correspondence, business, and technical schools school seeking funding under 20 USC 1070 to 1099d, doing business within in this state, whether located within or outside this state, changes of ownership or control of the schools, teaching locations used by the schools, and courses of instruction offered by the schools and regulate the soliciting of students for correspondence or classroom courses and courses of instruction offered by the schools and the department may authorize any other private trade, correspondence, business, or technical school, doing business within or outside this state, that seeks authorization from the state.

AB163,193 Section 193. 38.50 (3) of the statutes is renumbered 440.52 (3) and amended to read:

AB163,46,17 440.52 (3) Rule-making power. The board department shall promulgate rules and establish standards necessary to administer this section.

AB163,194 Section 194. 38.50 (5) of the statutes is repealed.

AB163,195 Section 195. 38.50 (7) of the statutes is repealed.

AB163,196 Section 196. 38.50 (8) of the statutes is repealed.

AB163,197 Section 197. 38.50 (10) of the statutes is repealed.

AB163,198 Section 198. 38.50 (11) of the statutes is renumbered 440.52 (11), and 440.52 (11) (b) 1., (c) and (d), as renumbered, are amended to read:

AB163,47,6 440.52 (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.

AB163,47,11 (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.

AB163,47,23 (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. or (bm) 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) 20.142 (3) (g).

AB163,199 Section 199. 38.50 (12) of the statutes is renumbered 100.67 (12), and 100.67 (12) (a), (b) and (c), as renumbered, are amended to read:

AB163,48,8 100.67 (12) (a) 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, or has accreditation recognized or by the Council for Higher Education Accreditation. This paragraph does not apply to any of the following:

AB163,48,10 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.

AB163,48,14 1m. A person described in sub. s. 440.52 (1) (e) 1. whose administrative headquarters and principal place of business is in the village of Union Grove that provides a residential facility located in that village to assist young adults with disabilities in transitioning from home and school to work and independent living.

AB163,48,16 2. A person described in sub. s. 440.52 (1) (e) 3. to 7. that was doing business in this state prior to May 27, 2010.

AB163,48,24 (b) No school, including a school described in sub. s. 440.52 (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. s. 440.52 (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, or has accreditation recognized or by the Council for Higher Education Accreditation.

AB163,49,4 (c) The department, attorney general, or any district attorney may bring commence an action in circuit court for the enforcement of this subsection, including bringing an action to restrain by temporary or permanent injunction any violation of par. (a) or (b).

AB163,200 Section 200. 38.50 (13) (title), (a) (intro.), 1., 2. (intro.), a., c. and d., 3. and 4., (b) and (c) of the statutes are renumbered 100.67 (13) (title), (a) (intro.), 1., 2. (intro.), a., c. and d., 3. and 4., (b) and (c), and 100.67 (13) (a) 2. a. and c., as renumbered, are amended to read:

AB163,49,12 100.67 (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; or has accreditation recognized by the Council for Higher Education Accreditation.

AB163,49,14 c. Operates in this state and is a school described in sub. s. 440.52 (1) (e) 1. to 8.

AB163,201 Section 201. 38.50 (13) (a) 2. b. of the statutes is repealed.

AB163,202 Section 202. 38.50 (13) (a) 2. e. of the statutes is repealed.

AB163,203 Section 203. 38.50 (13) (d) of the statutes is repealed.