1995 Wisconsin Act 27

27,1930m Section 1930m. 39.435 (4) (d) of the statutes is created to read:

39.435 (4) (d) The awarding of grants under this section is subject to any formula approved or modified by the education commission under s. 39.285 (1).

27,1931 Section 1931 . 39.435 (5) of the statutes is amended to read:

39.435 (5) The board department shall ensure that grants under this section are made available to students attending private or public institutions in this state who are deaf or hard of hearing or visually handicapped and who demonstrate need. Grants may also be made available to such handicapped students attending private or public institutions in other states under criteria established by the board department. In determining the financial need of these students special consideration shall be given to their unique and unusual costs.

27,1932 Section 1932 . 39.435 (6) of the statutes is amended to read:

39.435 (6) The board department may not make a grant under this section to a person if it the department receives a certification under s. 46.255 (7) that the person is delinquent in child support or maintenance payments.

27,1933 Section 1933 . 39.44 (1) (b) of the statutes is amended to read:

39.44 (1) (b) There is established, to be administered by the board department, the minority undergraduate retention grant program for minority undergraduates enrolled in private, nonprofit higher educational institutions in this state or in technical colleges in this state.

27,1934g Section 1934g. 39.44 (2) of the statutes is amended to read:

39.44 (2) Funds for the grants under this section shall be distributed from the appropriation under s. 20.235 (1) (fg), with 50% distributed to the eligible private institutions and from the appropriation under s. 20.235 (1) (fh) 50% distributed to the eligible technical colleges on the basis of full-time equivalent enrollments of students eligible for grants under sub. (1) (b), except as provided in 1995 Wisconsin Act .... (this act), section 9127 (1et). The board shall audit the enrollment statistics annually.

27,1934m Section 1934m. 39.44 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

39.44 (2) Funds for the grants under this section shall be distributed from the appropriation under s. 20.235 (1) (fg), with 50% distributed to the eligible private institutions and 50% distributed to the eligible technical colleges, except as provided in 1995 Wisconsin Act .... (this act), section 9127 (1et). The department shall audit the enrollment statistics annually.

27,1935 Section 1935 . 39.44 (3) (b) of the statutes is amended to read:

39.44 (3) (b) Demonstrate to the satisfaction of the board department that such funds do not replace institutional grants to the recipients.

27,1936 Section 1936 . 39.44 (3) (c) of the statutes is amended to read:

39.44 (3) (c) Annually report to the board department the number of awards made, the amount of each award, the minority status of each recipient, other financial aid awards made to each recipient and the total amount of financial aid made available to the eligible students.

27,1937 Section 1937 . 39.44 (4) of the statutes is amended to read:

39.44 (4) The board department shall notify an institution or school receiving funds under sub. (2) if the board department receives a certification under s. 46.255 (7) that a student is delinquent in child support or maintenance payments. An institution or school may not award a grant under this section to a student if it receives a notification under this subsection concerning that student.

27,1940 Section 1940 . 39.45 (2) to (7) of the statutes are amended to read:

39.45 (2) There is established, to be determined by the board department, a grant program for resident students who are current recipients of aid to families with dependent children under s. 49.19.

(3) Grants under this section shall be awarded on the basis of financial need, as determined by the board department, to resident students enrolled for at least 6 academic credits in the 2nd or 3rd year in programs leading to an associate degree or the 3rd, 4th or 5th year in programs leading to a bachelor's degree. Except as provided in sub. (5), no grant may exceed $4,000 per academic year. Students may apply for grants, upon a form prepared and furnished by the board department, on or after February 1 of any year for the fall semester or session of the upcoming academic year. No student is eligible to receive a grant under this section for more than 3 academic years.

(4) The board department shall give preference, as much as practicable, in awarding grants under this section to students enrolled in courses likely to increase the immediate employment opportunities of such students. The board department shall publish a list of such courses and shall include courses that have an occupational or vocational objective in areas with existing labor needs.

(5) The board department may award supplemental grants of between $500 and $1,000 per child per semester or session to students for the cost of child care for preschool children of the students. The student shall demonstrate, as determined by the board department, financial need for the supplemental grant. In awarding grants under this subsection, the board department may not exceed 20% of the appropriation for a given fiscal year for the grant program.

(6) From the appropriation under s. 20.235 (1) (fc), the board department shall use available funds to make grant awards under this section, but no award may be made before March 1 for the fall semester or session of the upcoming academic year.

(7) The board department shall promulgate rules to administer this section, including criteria and procedures for repayment of grants awarded under this section, including interest, by certain grant recipients who no longer reside in this state or do not successfully complete requirements for a degree. The board department shall deposit in the general fund as general purpose revenue-earned all repayments of grants awarded under this section and the interest on the grants.

27,1943 Section 1943 . 39.46 (1) of the statutes is amended to read:

39.46 (1) On or before July 1 of each year, the higher educational aids board department shall initiate, investigate and formulate for procurement, a contract for dental education services in accordance with this section. Thereafter, the board department shall conduct a biennial analysis of the program and include a report on its findings and recommendations in its reports under s. 15.04 (1) (d). The legislative audit bureau shall biennially postaudit expenditures under this section. Section 16.75 (1) to (5) are waived with respect to such contract.

27,1944 Section 1944 . 39.46 (2) (d) of the statutes is amended to read:

39.46 (2) (d) That the dental school administer and operate its courses and programs in dentistry in conformity with academic and professional standards, rules and requirements and seek progressively to enrich and improve its courses of dental education, research and public service by full and efficient use of budgetary and other resources available to it. In monitoring compliance with this paragraph the board department may rely on 3rd-party evaluations conducted by appropriate and recognized accrediting bodies.

27,1945 Section 1945 . 39.47 (1) and (2m) of the statutes are amended to read:

39.47 (1) There is established, to be administered by the board department, a Minnesota-Wisconsin student reciprocity agreement, the purpose of which shall be to ensure that neither state shall profit at the expense of the other and that the determination of any amounts owed by either state under the agreement shall be based on an equitable formula which reflects the educational costs incurred by the 2 states. The board department, representing this state, shall enter into an agreement meeting the requirements of this section with the designated body representing the state of Minnesota.

(2m) No resident of this state may receive a waiver of nonresident tuition under this section if the board department receives a certification under s. 46.255 (7) that the resident is delinquent in child support or maintenance payments.

27,1946 Section 1946 . 40.02 (22) (e) of the statutes is amended to read:

40.02 (22) (e) Except for OASDHI purposes, at the employer's discretion, means compensation deemed to have been paid for services deemed to have been rendered during periods of leaves of absence without pay, at the employe's rate of pay prior to the leave, provided contributions and premiums on the deemed earnings are paid as required under s. 40.05. Any action taken under this paragraph that applies to state employes shall be taken pursuant to a collective bargaining agreement under subch. V of ch. 111 or s. 230.12 or 233.10.

27,1946m Section 1946m. 40.02 (22) (e) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

40.02 (22) (e) Except for OASDHI purposes, at the employer's discretion, means compensation deemed to have been paid for services deemed to have been rendered during periods of leaves of absence without pay, at the employe's rate of pay prior to the leave, provided contributions and premiums on the deemed earnings are paid as required under s. 40.05. Any action taken under this paragraph that applies to state employes shall be taken pursuant to a collective bargaining agreement under subch. I or V of ch. 111 or s. 230.12 or 233.10.

27,1947 Section 1947 . 40.02 (25) (a) 3. of the statutes is amended to read:

40.02 (25) (a) 3. The blind employes of the Wisconsin workshop for the blind authorized under s. 47.03 (1) (b), 1989 stats., or of the nonprofit corporation with which the department of health and social services industry, labor and human relations contracts under s. 47.03 (1m) (a), 1989 stats., as of the beginning of the calendar month following completion of 1,000 hours of service. Persons employed by an employer who are blind when hired shall not be eligible for life insurance premium waiver because of any disability which is directly or indirectly attributed to blindness and may convert life insurance coverage only once under the contract; or

27,1948 Section 1948 . 40.02 (25) (b) 2m. of the statutes is amended to read:

40.02 (25) (b) 2m. A crew leader or regional crew leader employed by the Wisconsin conservation corps board for whom the Wisconsin conservation corps board under s. 16.20 (10) (fm) has authorized group health care coverage;

27,1948m Section 1948m. 40.02 (25) (b) 2m. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

40.02 (25) (b) 2m. A crew leader or regional crew leader employed by the Wisconsin conservation corps board for whom the Wisconsin conservation corps board under s. 106.215 (10) (fm) has authorized group health care coverage;

27,1949 Section 1949 . 40.02 (25) (b) 8. of the statutes is amended to read:

40.02 (25) (b) 8. Any other state employe of the state for whom coverage is authorized under a collective bargaining agreement under pursuant to subch. V of ch. 111 or under s. 230.12 or 233.10;

27,1949m Section 1949m. 40.02 (25) (b) 8. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

40.02 (25) (b) 8. Any other state employe for whom coverage is authorized under a collective bargaining agreement pursuant to subch. I or V of ch. 111 or under s. 230.12 or 233.10;

27,1950 Section 1950 . 40.02 (54) (f) of the statutes is amended to read:

40.02 (54) (f) The nonprofit corporation with which the department of health and social services industry, labor and human relations contracts under s. 47.03 (1m) (a), 1989 stats.

27,1951 Section 1951 . 40.02 (54) (h) of the statutes is created to read:

40.02 (54) (h) The University of Wisconsin Hospitals and Clinics Authority.

27,1952 Section 1952 . 40.02 (54t) of the statutes is created to read:

40.02 (54t) “State employe" means an employe of a state agency.

27,1953 Section 1953 . 40.02 (55) (a) of the statutes is amended to read:

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 state superintendent department of public instruction education.

27,1954 Section 1954 . 40.05 (1) (b) of the statutes is amended to read:

40.05 (1) (b) In lieu of employe payment, the employer may pay all or part of the contributions required by par. (a), but all the payments shall be available for benefit purposes to the same extent as required contributions deducted from earnings of the participating employes. Action to assume employe contributions as provided under this paragraph shall be taken at the time and in the form determined by the governing body of the participating employer. The state and the University of Wisconsin Hospitals and Clinics Authority shall pay under this paragraph for employes who are covered by a collective bargaining agreement under subch. V of ch. 111 and for employes whose fringe benefits are determined under s. 230.12 an amount equal to 4% of the earnings paid by the state or authority unless otherwise provided in a collective bargaining agreement under subch. V of ch. 111 or unless otherwise determined under s. 230.12. The state shall pay under this paragraph for employes who are not covered by a collective bargaining agreement under subch. V of ch. 111 and for employes whose fringe benefits are not determined under s. 230.12 an amount equal to 4% of the earnings paid by the state unless a different amount is recommended by the secretary of employment relations and approved by the joint committee on employment relations in the manner provided for approval of changes in the compensation plan under s. 230.12 (3). The University of Wisconsin Hospitals and Clinics Authority shall pay under this paragraph for employes who are not covered by a collective bargaining agreement under subch. V of ch. 111 an amount equal to 4% of the earnings paid by the authority unless a different amount is established by the board of directors of the authority under s. 233.10.

27,1954m Section 1954m. 40.05 (1) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

40.05 (1) (b) In lieu of employe payment, the employer may pay all or part of the contributions required by par. (a), but all the payments shall be available for benefit purposes to the same extent as required contributions deducted from earnings of the participating employes. Action to assume employe contributions as provided under this paragraph shall be taken at the time and in the form determined by the governing body of the participating employer. The state shall pay under this paragraph for employes who are covered by a collective bargaining agreement under subch. V of ch. 111 and for employes whose fringe benefits are determined under s. 230.12 an amount equal to 4% of the earnings paid by the state unless otherwise provided in a collective bargaining agreement under subch. V of ch. 111 or unless otherwise determined under s. 230.12. The University of Wisconsin Hospitals and Clinics Authority shall pay under this paragraph for employes who are covered by a collective bargaining agreement under subch. I of ch. 111 and for employes whose fringe benefits are determined under s. 233.10 an amount equal to 4% of the earnings paid by the authority unless otherwise provided in a collective bargaining agreement under subch. I of ch. 111 or unless otherwise determined under s. 233.10. The state shall pay under this paragraph for employes who are not covered by a collective bargaining agreement under subch. V of ch. 111 and for employes whose fringe benefits are not determined under s. 230.12 an amount equal to 4% of the earnings paid by the state unless a different amount is recommended by the secretary of employment relations and approved by the joint committee on employment relations in the manner provided for approval of changes in the compensation plan under s. 230.12 (3). The University of Wisconsin Hospitals and Clinics Authority shall pay under this paragraph for its employes who are not covered by a collective bargaining agreement under subch. I of ch. 111 an amount equal to 4% of the earnings paid by the authority unless a different amount is established by the board of directors of the authority under s. 233.10.

27,1956 Section 1956 . 40.05 (4) (ag) (intro.) of the statutes is amended to read:

40.05 (4) (ag) (intro.) Except as otherwise provided in accordance with a collective bargaining agreement under subch. V of ch. 111 or s. 230.12 or 233.10, the employer shall pay for its currently employed insured employes covered by a collective bargaining agreement under subch. V of ch. 111 or whose health insurance premium contribution rates are determined under s. 230.12 or 233.10:

27,1956m Section 1956m. 40.05 (4) (ag) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

40.05 (4) (ag) (intro.) Except as otherwise provided in accordance with a collective bargaining agreement under subch. I or V of ch. 111 or s. 230.12 or 233.10, the employer shall pay for its currently employed insured employes covered by a collective bargaining agreement under subch. I or V of ch. 111 or whose health insurance premium contribution rates are determined under s. 230.12 or 233.10:

27,1957 Section 1957 . 40.05 (4) (ar) and (b) of the statutes are amended to read:

40.05 (4) (ar) The employer shall pay under par. (a) for employes who are not covered by a collective bargaining agreement under subch. V of ch. 111 and for employes whose health insurance premium contribution rates are not determined under s. 230.12 or 233.10 an amount equal to the amount specified in par. (ag) unless a different amount is recommended by the secretary of employment relations and approved by the joint committee on employment relations in the manner provided for approval of changes in the compensation plan under s. 230.12 (3).

(b) Except as provided under pars. (bc) and (bp), accumulated unused sick leave under ss. 13.121 (4), 36.30, 230.35 (2), 233.10 and 757.02 (5) and under a collective bargaining agreement pursuant to subch. V of ch. 111 of any eligible employe shall, at the time of death, upon qualifying for an immediate annuity or for a lump sum payment under s. 40.25 (1) or upon termination of creditable service and qualifying as an eligible employe under s. 40.02 (25) (b) 6. or 10., be converted, at the employe's current basic pay rate, to credits for payment of health insurance premiums on behalf of the employe or the employe's surviving insured dependents. The full premium for any eligible employe who is insured at the time of retirement, or for the surviving insured dependents of an eligible employe who is deceased, shall be deducted from the credits until the credits are exhausted and paid from the account under s. 40.04 (10), and then deducted from annuity payments, if the annuity is sufficient. The department shall provide for the direct payment of premiums by the insured to the insurer if the premium to be withheld exceeds the annuity payment. Except as provided in par. (bd), upon conversion of an employe's unused sick leave to credits under this paragraph, the employe or, if the employe is deceased, the employe's surviving insured dependents may elect to delay initiation of deductions from those credits for up to 10 years after the date of the conversion if the employe or surviving insured dependents are covered by a comparable health insurance plan or policy during the period beginning on the date of the conversion and ending on the last day of the 2nd month after the date on which the employe or surviving insured dependents later elect to initiate deductions from those credits. A health insurance plan or policy is considered comparable if it provides hospital and medical benefits that are substantially equivalent to the standard health insurance plan established under s. 40.52 (1).

27,1957g Section 1957g. 40.05 (4) (ar) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

40.05 (4) (ar) The employer shall pay under par. (a) for employes who are not covered by a collective bargaining agreement under subch. I or V of ch. 111 and for employes whose health insurance premium contribution rates are not determined under s. 230.12 or 233.10 an amount equal to the amount specified in par. (ag) unless a different amount is recommended by the secretary of employment relations and approved by the joint committee on employment relations in the manner provided for approval of changes in the compensation plan under s. 230.12 (3).

27,1957r Section 1957r. 40.05 (4) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

40.05 (4) (b) Except as provided under pars. (bc) and (bp), accumulated unused sick leave under ss. 13.121 (4), 36.30, 230.35 (2), 233.10 and 757.02 (5) and subch. I or V of ch. 111 of any eligible employe shall, at the time of death, upon qualifying for an immediate annuity or for a lump sum payment under s. 40.25 (1) or upon termination of creditable service and qualifying as an eligible employe under s. 40.02 (25) (b) 6. or 10., be converted, at the employe's current basic pay rate, to credits for payment of health insurance premiums on behalf of the employe or the employe's surviving insured dependents. The full premium for any eligible employe who is insured at the time of retirement, or for the surviving insured dependents of an eligible employe who is deceased, shall be deducted from the credits until the credits are exhausted and paid from the account under s. 40.04 (10), and then deducted from annuity payments, if the annuity is sufficient. The department shall provide for the direct payment of premiums by the insured to the insurer if the premium to be withheld exceeds the annuity payment. Except as provided in par. (bd), upon conversion of an employe's unused sick leave to credits under this paragraph, the employe or, if the employe is deceased, the employe's surviving insured dependents may elect to delay initiation of deductions from those credits for up to 10 years after the date of the conversion if the employe or surviving insured dependents are covered by a comparable health insurance plan or policy during the period beginning on the date of the conversion and ending on the last day of the 2nd month after the date on which the employe or surviving insured dependents later elect to initiate deductions from those credits. A health insurance plan or policy is considered comparable if it provides hospital and medical benefits that are substantially equivalent to the standard health insurance plan established under s. 40.52 (1).

27,1958 Section 1958 . 40.05 (4) (bm) of the statutes is amended to read:

40.05 (4) (bm) Except as provided under par. (bp), accumulated unused sick leave under ss. 36.30 and 230.35 (2) or 233.10 of any eligible employe shall, upon request of the employe at the time the employe is subject to layoff under s. 40.02 (40), be converted at the employe's current basic pay rate to credits for payment of health insurance premiums on behalf of the employe. The full amount of the required employe contribution for any eligible employe who is insured at the time of the layoff shall be deducted from the credits until the credits are exhausted, the employe is reemployed, or 5 years have elapsed from the date of layoff, whichever occurs first.

27,1959 Section 1959 . 40.05 (5) (intro.) and (b) 4. of the statutes are amended to read:

40.05 (5) Income continuation insurance premiums. (intro.) For the income continuation insurance provided under subch. V the employe shall pay the amount remaining after the employer has contributed the following or, if different, the amount determined under a collective bargaining agreement under subch. V of ch. 111 or s. 230.12 or 233.10:

(b) 4. The accrual and crediting of sick leave shall be determined in accordance with ss. 13.121 (4), 36.30, 230.35 (2), 233.10 and 757.02 (5) and any collective bargaining agreement under subch. V of ch. 111.

27,1959g Section 1959g. 40.05 (5) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

40.05 (5) Income continuation insurance premiums. (intro.) For the income continuation insurance provided under subch. V the employe shall pay the amount remaining after the employer has contributed the following or, if different, the amount determined under a collective bargaining agreement under subch. I or V of ch. 111 or s. 230.12 or 233.10:

27,1959r Section 1959r. 40.05 (5) (b) 4. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

40.05 (5) (b) 4. The accrual and crediting of sick leave shall be determined in accordance with ss. 13.121 (4), 36.30, 230.35 (2), 233.10 and 757.02 (5) and subch. I or V of ch. 111.

27,1960 Section 1960 . 40.05 (6) (a) of the statutes is amended to read:

40.05 (6) (a) Except as otherwise provided in accordance with a collective bargaining agreement under subch. V of ch. 111 or s. 230.12 or 233.10, each insured employe under the age of 70 and annuitant under the age of 65 shall pay for group life insurance coverage a sum, approved by the group insurance board, which shall not exceed 60 cents monthly for each $1,000 of group life insurance, based upon the last amount of insurance in force during the month for which earnings are paid. The equivalent premium may be fixed by the group insurance board if the annual compensation is paid in other than 12 monthly instalments.

27,1960m Section 1960m. 40.05 (6) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

40.05 (6) (a) Except as otherwise provided in accordance with a collective bargaining agreement under subch. I or V of ch. 111 or s. 230.12 or 233.10, each insured employe under the age of 70 and annuitant under the age of 65 shall pay for group life insurance coverage a sum, approved by the group insurance board, which shall not exceed 60 cents monthly for each $1,000 of group life insurance, based upon the last amount of insurance in force during the month for which earnings are paid. The equivalent premium may be fixed by the group insurance board if the annual compensation is paid in other than 12 monthly instalments.

27,1961 Section 1961 . 40.06 (1) (c) of the statutes is amended to read:

40.06 (1) (c) For state agencies, contributions paid by employers shall be made from the respective funds from which the salaries are paid to the employe for whom the contributions are being made. The heads of the respective state agencies shall, at the time that salary deductions in accordance with par. (a) are sent to the department, determine the amount of the corresponding employer contributions, indicate the amount of the contribution on the report submitted to the department and provide for payment to the department, by any method approved by the department, from the appropriate state funds of the amounts payable. If payment is by voucher, the department shall transmit the voucher to the department of administration. The department of administration shall approve vouchers for payment of contributions due under s. 40.05 within 5 working days, s. 16.53 (10) notwithstanding, and the state treasurer shall immediately issue a check, share draft or other draft to the department of employe trust funds for the amount of the voucher.

27,1963 Section 1963 . 40.62 (2) of the statutes is amended to read:

40.62 (2) Sick leave accumulation shall be determined in accordance with rules of the department, any collective bargaining agreement under subch. V of ch. 111, and ss. 13.121 (4), 36.30, 230.35 (2), 233.10, 757.02 (5) and 978.12 (3), subch. V of ch. 111 and the rules of the department.

27,1963m Section 1963m. 40.62 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

40.62 (2) Sick leave accumulation shall be determined in accordance with rules of the department, any collective bargaining agreement under subch. I or V of ch. 111, and ss. 13.121 (4), 36.30, 230.35 (2), 233.10, 757.02 (5) and 978.12 (3).

27,1964 Section 1964 . 40.80 (1) of the statutes is amended to read: