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.
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 (this act), is repealed and recreated to read: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 (this act), is repealed and recreated to read: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).
(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).
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).
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).
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.
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.
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:
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.
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.
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.
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 secretary 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.
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.
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).
SECTION 1964. 40.80 (1) of the statutes is amended to read:
40.80 (1) The deferred compensation board shall select and contract with deferred compensation plan providers to be used by state agencies for providing deferred compensation plans to state employes.
SECTION 1964cg. 40.81 (1) of the statutes is amended to read:
40.81 (1) An employer other than the state or the University of Wisconsin Hospitals and Clinics Authority may provide for its employes the deferred compensation plan established under s. 40.80. Any employer, including this state and the University of Wisconsin Hospitals and Clinics Authority, who makes the plan under s. 40.80 available to any of its employes shall make it available to all of its employes under procedures established by the department under this subchapter.
SECTION 1964cr. 40.81 (3) of the statutes is amended to read:
40.81 (3) Any action taken under this section shall apply to employes covered by a collective bargaining agreement under subch. IV or V of ch. 111.
SECTION 1964d. Chapter 41 (title) of the statutes is created to read:
CHAPTER 41
DEPARTMENT OF TOURISM
SECTION 1964dg. Subchapter I (title) of chapter 41 [precedes 41.01] of the statutes is created to read:
CHAPTER 41
SUBCHAPTER I
GENERAL PROVISIONS
SECTION 1964dm. 41.01 of the statutes is created to read:
41.01 Definitions. In this chapter:
(1) "Department" means the department of tourism.
(2) "Secretary" means the secretary of tourism.
SECTION 1964dp. Subchapter II (title) of chapter 41 [precedes 41.11] of the statutes is created to read:
CHAPTER 41
SUBCHAPTER II
TOURISM PROMOTION
SECTION 1964dr. 41.21 of the statutes is created to read:
41.21 Marketing clearinghouse. (1) The department shall establish and maintain a marketing clearinghouse to provide marketing services to all state agencies. The department may enter into an agreement with a state agency for a specific project or to provide specific products. The department may provide consulting services to a state agency, including any of the following:
(a) Developing marketing plans.
(b) Conducting market research.
(c) Public relations services.
(d) Advertising services.
(2) The department may charge state agencies for services and products under this section to cover its cost to provide the services and products. The department of administration shall collect the charges from the state agencies and deposit the moneys from the charges in the appropriation account under s. 20.380 (1) (kc).
SECTION 1964w. Subchapter III (title) of chapter 41 [precedes 41.40] of the statutes is created to read:
CHAPTER 41
SUBCHAPTER III
KICKAPOO VALLEY RESERVE
SECTION 1965. 42.01 (1) of the statutes is amended to read:
42.01 (1) The state fair park board shall manage the state fair park and supervise or conduct thereat fairs, exhibits or promotional events for agricultural, industrial, educational and recreational purposes; lease or license the use of any property thereon for other purposes when not needed for the above public purposes; and charge reasonable rents and fees for use of or attendance at the premises. The state fair park board may accept and administer gifts, grants and bequests.
SECTION 1965b. 42.06 (1) of the statutes is amended to read:
42.06 (1) Unless the secretary of administration acts under sub. (2), the state treasurer and the secretary of administration or their duly his or her authorized representatives representative shall be in attendance at the state fair each year to receive all moneys collected on account of state operation of the state fair and to audit and pay expenditures duly certified by the state fair park board as having been necessarily incurred in the operation of the state fair.
SECTION 1965e. 42.08 of the statutes is amended to read:
42.08 Insurance. The state fair park board may procure worker's compensation insurance to cover its employes, business interruption insurance, fire insurance and property insurance.
SECTION 1965g. 42.09 of the statutes is renumbered 42.09 (1).
SECTION 1965L. 42.09 (2) of the statutes is created to read:
42.09 (2) (a) The state fair park board may not alter or renovate any building, appurtenance, fixture, exhibit or other structure or facility at state fair park that is owned by the board but that was owned by the department of natural resources on the effective date of this paragraph .... [revisor inserts date], without the permission of the department, but the board may provide routine maintenance without the department's permission.
(b) The state fair park board shall allow the department of natural resources access to and use of the buildings, appurtenances, fixtures, exhibits and other structures and facilities described in par. (a) so that the department may prepare, display and dismantle exhibits during events occurring at state fair park.
SECTION 1965m. 42.10 of the statutes is amended to read: