Wisconsin Legislature: LRBs0148/3

SECTION 1920. 39.41 (7) of the statutes is amended to read:

39.41 (7) By August 1, 1993, and annually thereafter, the board department shall submit a report to the joint committee on finance evaluating the success of the program under this section. The report shall specify the number and amount of the scholarships awarded in the current fiscal year and the institutions of higher education chosen by the scholarship recipients.

SECTION 1921. 39.41 (8) of the statutes is amended to read:

39.41 (8) The executive secretary shall promulgate rules establishing criteria for the designation of scholars under sub. (1m) (c) 3.

SECTION 1924. 39.42 of the statutes is amended to read:

39.42 Interstate agreements. The board department, with the approval of the joint committee on finance, or the governing boards of any publicly supported institution of post-high school education, with the approval of the board department and the joint committee on finance, may enter into agreements or understandings which include remission of nonresident tuition for designated categories of students at state institutions of higher education with appropriate state agencies and institutions of higher education in other states to facilitate use of public higher education institutions of this state and other states. Such agreements and understandings shall have as their purpose the mutual improvement of educational advantages for residents of this state and such other states or institutions of other states with which agreements are made.

SECTION 1925. 39.435 (1) of the statutes is amended to read:

39.435 (1) There is established, to be administered by the board department a higher education grant program for postsecondary resident students enrolled at least half-time and registered as freshmen, sophomores, juniors or seniors in accredited institutions of higher education in this state. Except as authorized under sub. (5), such grants shall be made only to students enrolled in nonprofit public institutions in this state.

SECTION 1926. 39.435 (2) of the statutes is amended to read:

39.435 (2) The board department shall award talent incentive grants to uniquely needy students enrolled at least half-time as first-time freshmen at public and private nonprofit institutions located in this state and to sophomores, juniors and seniors who received such grants as freshmen. No grant under this subsection may exceed $1,800 for any academic year. The board department may not award a grant to the same student for more than 10 consecutive semesters or their equivalent. The board department shall promulgate rules establishing eligibility criteria for grants under this subsection.

SECTION 1927. 39.435 (3) of the statutes is amended to read:

39.435 (3) Grants under sub. (1) shall not be less than $250 during any one academic year, unless the joint committee on finance approves an adjustment in the amount of the minimum grant. Grants under sub. (1) shall not exceed $1,800 during any one academic year. The board department shall, by rule, establish a reporting system to periodically provide student economic data and shall promulgate other rules the board department deems necessary to assure uniform administration of the program.

SECTION 1928. 39.435 (4) (a) of the statutes is amended to read:

39.435 (4) (a) The board department shall promulgate rules establishing policies and procedures for determining dependent and independent status and for the calculation of expected parental and student contributions. The rules shall be consistent with generally accepted definitions and nationally approved needs analysis methodology.

SECTION 1929. 39.435 (4) (b) 1. and 2. of the statutes are amended to read:

39.435 (4) (b) 1. Annually, the board department shall establish equity award levels for students enrolled in the university of Wisconsin system and for students enrolled in technical colleges.

2. From the equity levels established under subd. 1., the board department shall subtract the amount of the expected parental contribution and the expected student contribution to determine the amount of the student's grant.

SECTION 1930. 39.435 (4) (c) of the statutes is amended to read:

39.435 (4) (c) Grants paid to independent students shall be determined by the board department consistent with the rules and procedures under pars. (a) and (b).

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).

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.

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 49.855 (7) that the person is delinquent in child support or maintenance payments.

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.

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). The board shall audit the enrollment statistics annually.

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

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.

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.

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 49.855 (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.

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.

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.

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.

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 49.855 (7) that the resident is delinquent in child support or maintenance payments.

SECTION 1945m. 40.02 (17) (e) of the statutes is amended to read:

40.02 (17) (e) Each executive participating employe whose creditable service terminates on or after May 3, 1988, and each participating employe who is a present or former elected official or an appointee of a present or former elected official and who did not receive creditable service under s. 40.02 (17) (e), 1987 stats., or s. 40.02 (17) (e), 1989 stats., and whose creditable service terminates on or after August 15, 1991, who was previously in the position of the president of the university of Wisconsin system or in a position designated under s. 20.923 (4), or (8) or (9), but did not receive creditable service because of age restrictions, may receive creditable service equal to the period of executive service not credited if the participant pays to the department a lump sum payment equal to 5.5% of one-twelfth of the employe's highest earnings in a single annual earnings period multiplied by the number of months of creditable service granted under this paragraph. That amount shall be credited and treated as an employe required contribution for all purposes of the Wisconsin retirement system.

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.

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

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

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;

****NOTE: This is a conceptual reconcile of reconciled s. 40.02 (25) (b) 2m. This SECTION has been affected by drafts with the following LRB numbers: 1344, 1434 and 2602.

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;

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;

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;

SECTION 1949n. 40.02 (30) of the statutes is amended to read:

40.02 (30) "Executive participating employe" means a participating employe in a position designated under s. 19.42 (10) (L) or 20.923 (4), (4m), or (8) or (9) or authorized under s. 230.08 (2) (e) during the time of employment. All service credited prior to May 17, 1988, as executive service as defined under s. 40.02 (31), 1985 stats., shall continue to be treated as executive service as defined under s. 40.02 (31), 1985 stats., but no other service rendered prior to May 17, 1988, may be changed to executive service as defined under s. 40.02 (31), 1985 stats.

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.

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.

SECTION 1952. 40.02 (54t) of the statutes is created to read:

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

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.

SECTION 1953r. 40.04 (3) (c) of the statutes is amended to read:

40.04 (3) (c) The department shall advise the investment board and the state treasurer secretary of administration as to the limitations on the amounts of cash to be invested from investment trusts under this subsection in order to maintain the cash balances deemed advisable to meet current annuity, benefit and expense requirements.

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.

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.

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:

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:

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).