Wisconsin Legislature: 9,923

39.41 (1m) (em) If the high school weights different courses differently to determine a pupil's grade point average, and the senior designated as a scholar by the executive secretary under par. (e) does not qualify for a higher education scholarship under sub. (2) (a) or (3) (a), the faculty of the high school shall select one senior with the same grade point average for certification as a scholar, or, if there is no senior with the same grade point average, one senior with the next highest grade point average for certification as a scholar, and the school board of the school district operating the high school or the governing body of the private high school shall certify to the board the selected senior as eligible for a higher education scholarship as a scholar under sub. (2) (a) or (3) (a) until the scholarship may be awarded by the board.

9,913mv Section 913mv. 39.41 (1m) (f) of the statutes is amended to read:

39.41 (1m) (f) If 2 or more seniors from the Wisconsin school for the visually handicapped school operated by the Wisconsin Center for the Blind and Visually Impaired have the same grade point average and, except for the limitation of one designated senior, are otherwise eligible for designation under par. (c) 1., the executive secretary shall make the designation under par. (c) 1. of the senior who may be eligible for a higher education scholarship as a scholar and, if that senior does not qualify for a higher education scholarship under sub. (2) (a) or (3) (a), shall designate one or more of the remaining seniors with the same grade point average as eligible for a higher education scholarship as a scholar under sub. (2) (a) or (3) (a) until the scholarship may be awarded by the board.

9,915 Section 915. 39.435 (1) of the statutes is amended to read:

39.435 (1) There is established, to be administered by the board, 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 or in tribally controlled colleges in this state. Except as authorized under sub. (5), such grants shall be made only to students enrolled in nonprofit public institutions or tribally controlled colleges in this state.

9,916 Section 916. 39.435 (4) (a) of the statutes is amended to read:

39.435 (4) (a) The board shall promulgate rules establishing policies and procedures for determining dependent and independent status and for the calculation of award grants under this section based on a formula that accounts for expected parental and student contributions. The rules shall be and is consistent with generally accepted definitions and nationally approved needs analysis methodology.

9,917 Section 917. 39.435 (4) (b) and (c) of the statutes are repealed.

9,918 Section 918. 39.435 (6) of the statutes is amended to read:

39.435 (6) The board may not make a grant under this section to a person if the board receives a certification under s. 49.855 (7) that the person is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the person provides to the board a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

9,918g Section 918g. 39.435 (7) of the statutes is created to read:

39.435 (7) (a) In this subsection:

1. For purposes of determining the appropriation under s. 20.235 (1) (fe) for fiscal year 2000-01, "base amount" means the amount shown in the schedule under s. 20.005 for that appropriation for fiscal year 1999-2000.

2. For purposes of determining the appropriation under s. 20.235 (1) (fe) for each fiscal year after fiscal year 2000-01, "base amount" means the maximum appropriation amount determined under par. (b) for the previous fiscal year.

(b) Annually, by February 1, the board shall determine the appropriation under s. 20.235 (1) (fe) for the next fiscal year as follows:

1. The board shall determine the percentage by which the resident undergraduate academic fees charged for the current academic year at each institution within the University of Wisconsin System has increased or decreased from the resident undergraduate academic fees charged for the previous academic year.

2. The appropriation for the next fiscal year shall be the result obtained by increasing, to the nearest $100, the base amount by the highest percentage increase determined under subd. 1., except that if the resident undergraduate academic fees for the current academic year decreased or did not change from the resident undergraduate academic fees charged for the previous academic year at each institution specified in subd. 1., the appropriation shall be the base amount.

9,918r Section 918r. 39.435 (8) of the statutes is created to read:

39.435 (8) (a) In this subsection:

1. For purposes of determining the appropriation under s. 20.235 (1) (fd) for fiscal year 2000-01, "base amount" means the amount shown in the schedule under s. 20.005 for that appropriation for fiscal year 1999-2000.

2. For purposes of determining the appropriation under s. 20.235 (1) (fd) for each fiscal year after fiscal year 2000-01, "base amount" means the maximum appropriation amount determined under par. (b) for the previous fiscal year.

(b) Annually, by February 1, the board shall determine the appropriation under s. 20.235 (1) (fd) for the next fiscal year as follows:

9,919 Section 919. 39.44 (4) of the statutes is amended to read:

39.44 (4) The board shall notify an institution or school receiving funds under sub. (2) if the board receives a certification under s. 49.855 (7) that a student is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses a student's name appears on the statewide support lien docket under s. 49.854 (2) (b). 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, unless the student provides to the institution or school a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

9,920 Section 920. 39.47 (2m) of the statutes is amended to read:

39.47 (2m) No resident of this state whose name appears on the statewide support lien docket under s 49.854 (2) (b) may receive a waiver of nonresident tuition under this section if the board receives a certification under s. 49.855 (7) that the resident is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses, unless the resident provides to the board a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

9,921m Section 921m. 39.51 (title) and (1) (a) to (d) of the statutes are renumbered 45.54 (title) and (1) (a) to (d).

9,923 Section 923. 39.51 (1) (e) of the statutes is renumbered 45.54 (1) (e) (intro.) and amended to read:

45.54 (1) (e) (intro.) "School" means any person, located within or outside this state, maintaining, advertising or conducting any course or course of instruction for profit or a tuition charge; but in subs. (7), (8) and (10) "school" means any private trade, correspondence, business or technical school not excepted under sub. (9). , but does not include any of the following:

9,923m Section 923m. 39.51 (1) (f) and (g) of the statutes are renumbered 45.54 (1) (f) and (g).

9,925m Section 925m. 39.51 (2) to (8) of the statutes are renumbered 45.54 (2) to (8), and 45.54 (5), as renumbered, is amended to read:

45.54 (5) Employes, quarters. The board shall employ a person to perform the duties of an executive secretary and such other persons under the classified service as may be necessary to carry out its purpose. The person performing the duties of the executive secretary shall be in charge of the administrative functions of the board. The board shall, to the maximum extent practicable, keep its office with the higher educational aids board department of veterans affairs.

9,927 Section 927. 39.51 (9) (title) and (intro.) of the statutes are repealed.

9,928 Section 928. 39.51 (9) (a) to (h) of the statutes are renumbered 45.54 (1) (e) 1. to 8.

9,929m Section 929m. 39.51 (10) of the statutes is renumbered 45.54 (10).

9,930t Section 930t. 40.02 (17) (g) of the statutes is repealed.

9,930v Section 930v. 40.02 (17) (gm) of the statutes is created to read:

40.02 (17) (gm) Any assistant district attorney in a county having a population of 500,000 or more who did not have vested benefit rights under the retirement system established under chapter 201, laws of 1937, who became a participating employe on January 1, 1990, and who is a participating employe on the effective date of this paragraph .... [revisor inserts date], shall receive creditable service for the total period of his or her service under the retirement system established under chapter 201, laws of 1937.

9,930vc Section 930vc. 40.02 (25) (b) 1. of the statutes is amended to read:

40.02 (25) (b) 1. Any teacher who is employed by the university for an expected duration of not less than 6 months on at least a one-third full-time employment basis and who is not described in subd. 1m.;

9,930vq Section 930vq. 40.02 (25) (b) 1m. of the statutes is created to read:

40.02 (25) (b) 1m. Any teacher who is a participating employe and who is employed by the university for an expected duration of not less than 6 months on at least a one-third full-time employment basis;

9,930wb Section 930wb. 40.02 (26) (intro.) of the statutes is amended to read:

40.02 (26) (intro.) "Employe" means any person who receives earnings as payment for personal services rendered for the benefit of any employer including officers of the employer, except as provided in subch. X. An employe is deemed to have separated from the service of an employer at the end of the day on which the employe last performed services for the employer, or, if later, the day on which the employe-employer relationship is terminated because of the expiration or termination of leave without pay, sick leave, vacation or other leave of absence. A person shall not be considered an employe if a person:

9,930wm Section 930wm. 40.02 (26) (intro.) of the statutes, as affected by 1999 Wisconsin Act .... (this act), section 930wb, is amended to read:

9,931b Section 931b. 40.02 (28) of the statutes is amended to read:

40.02 (28) "Employer" means the state, including each state agency, any county, city, village, town, school district, other governmental unit or instrumentality of 2 or more units of government now existing or hereafter created within the state and any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, a local exposition district created under subch. II of ch. 229 and a family care district created under s. 46.2895, except as provided under ss. 40.51 (7) and 40.61 (3), or a local exposition district created under subch. II of ch. 229 and subch. X. Each employer shall be a separate legal jurisdiction for OASDHI purposes.

9,931c Section 931c. 40.02 (28) of the statutes, as affected by 1999 Wisconsin Act .... (this act), section 931b, is amended to read:

40.02 (28) "Employer" means the state, including each state agency, any county, city, village, town, school district, other governmental unit or instrumentality of 2 or more units of government now existing or hereafter created within the state and any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, a local exposition district created under subch. II of ch. 229 and a family care district created under s. 46.2895, except as provided under ss. 40.51 (7) and 40.61 (3) and subch. X. Each employer shall be a separate legal jurisdiction for OASDHI purposes.

9,932 Section 932. 40.02 (36) of the statutes is amended to read:

40.02 (36) "Governing body" means the legislature or the head of each state agency with respect to employes of that agency for the state, the common council in cities, the village board in villages, the town board in towns, the county board in counties, the school board in school districts, or the board, commission or other governing body having the final authority for any other unit of government, for any agency or instrumentality of 2 or more units of government, for any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more or , for a local exposition district created under subch. II of ch. 229 or for a family care district created under s. 46.2895.

9,935 Section 935. 40.02 (48) (am) of the statutes is amended to read:

40.02 (48) (am) "Protective occupation participant" includes any participant whose name is certified to the fund as provided in s. 40.06 (1) (d) and (dm) and who is a conservation warden, conservation patrol boat captain, conservation patrol boat engineer, conservation pilot, conservation patrol officer, forest fire control assistant, member of the state traffic patrol, state motor vehicle inspector, police officer, fire fighter, sheriff, undersheriff, deputy sheriff, state probation and parole officer, county traffic police officer, state forest ranger, fire watcher employed by the Wisconsin veterans home, state correctional-psychiatric officer, excise tax investigator employed by the department of revenue, special criminal investigation agent in the department of justice, assistant or deputy fire marshal, or person employed under s. 61.66 (1).

9,936 Section 936. 40.02 (48) (b) 4. of the statutes is created to read:

40.02 (48) (b) 4. A "member of the state traffic patrol" includes one division administrator in the department of transportation who is counted under s. 230.08 (2) (e) 12. and whose duties include supervising the state traffic patrol, if the division administrator is certified by the law enforcement standards board under s. 165.85 (4) (b) 1. as being qualified to be a law enforcement officer.

9,936t Section 936t. 40.03 (2) (g) of the statutes is amended to read:

40.03 (2) (g) Shall submit once each year to each participant currently making contributions, and to any other participant upon request or as in the secretary's judgment is desirable, a statement of the participant's account together with appropriate explanatory material. The secretary shall ensure that the participant's social security number does not appear on the statement.

9,939t Section 939t. 40.05 (2) (bz) of the statutes is created to read:

40.05 (2) (bz) The employer contribution rate determined under par. (b) for the department of administration shall be adjusted to reflect the cost of granting creditable service under s. 40.02 (17) (gm) and that rate shall be sufficient to amortize the unfunded prior service liability of the department of administration over the remainder of the 40-year amortization period under par. (b).

9,940c Section 940c. 40.05 (4) (a) 2. of the statutes is amended to read:

40.05 (4) (a) 2. For an insured employe who is an eligible employe under s. 40.02 (25) (a) 2. or (b) 1m. or 2m., the employer shall pay required employer contributions toward the health insurance premium of the insured employe beginning on the date on which the employe becomes insured. For an insured employe who is currently employed but who is not an eligible employe under s. 40.02 (25) (a) 2. or (b) 1m. or 2m., the employer shall pay required employer contributions toward the health insurance premium of the insured employe beginning on the first day of the 7th month beginning after the date on which the employe begins employment with the state, not including any leave of absence.

9,940d Section 940d. 40.05 (4) (ag) 2. of the statutes is amended to read:

40.05 (4) (ag) 2. For eligible employes not specified in subd. 1., 90% of the gross premium for the standard health insurance plan offered to state employes by the group insurance board or 105% of the gross premium, excluding any premium cost related to the point-of-service option plan required to be offered under s. 609.10, of the alternative qualifying plan offered under s. 40.03 (6) that is the least costly qualifying plan within the county in which the alternate plan is located, whichever is lower, but not more than the total amount of the premium. Employer contributions for employes who select the standard plan shall be based on their county of residence. Qualifying health insurance plans shall be determined in accordance with standards established by the group insurance board.

9,940tc Section 940tc. 40.41 (6) (b) of the statutes is amended to read:

40.41 (6) (b) Services performed by a student or a member of a board or commission, except members of governing bodies, in a position or office which does not normally require actual performance of duty for at least 600 hours in each calendar year. For purposes of this paragraph, a "board" or "commission" is a body referred to in the statutes as a board or commission.

9,940tr Section 940tr. 40.41 (6) (c) of the statutes is created to read:

40.41 (6) (c) Service performed in the employ of a school, college or university, if the service is performed by a student who is enrolled and regularly attending classes at the school, college or university.

9,944m Section 944m. 40.63 (1) (c) of the statutes is amended to read:

40.63 (1) (c) The employe is not entitled to any earnings from the employer and the employer has certified that it has paid to the employe all earnings to which the employe is entitled, that the employe is on a leave of absence and is not expected to resume active service, or that the employe's participating employment has been terminated, because of a disability as described in par. (b) and as a consequence the employe is not entitled to any earnings from the employer. In this paragraph, "earnings" does not include bonus compensation to which the employe is was entitled under s. 25.156 (7) (a), 1997 stats.

9,944w Section 944w. 40.82 (3) of the statutes is created to read:

40.82 (3) The deferred compensation board shall ensure that any statement sent to employes who participate in a deferred compensation plan established under this subchapter does not contain the social security number of the employe.

9,944ym Section 944ym. Subchapter X of chapter 40 [precedes 40.98] of the statutes is created to read:

Chapter 40

Subchapter X
Private employer health
Care coverage

40.98 Health care coverage. (1) In this subchapter:

(ag) "Abortion" means the use of an instrument, medicine, drug or other substance or device with intent to terminate the pregnancy of a woman known to be pregnant or for whom there is reason to believe that she may be pregnant and with intent other than to increase the probability of a live birth, to preserve the life or health of the infant after live birth or to remove a dead fetus.

(ar) "Board" means the private employer health care coverage board.

(b) "Dependent" means a spouse, an unmarried child under the age of 19 years, an unmarried child who is a full-time student under the age of 21 years and who is financially dependent upon the parent, or an unmarried child of any age who is medically certified as disabled and who is dependent upon the parent.

(c) "Employe" means any person who receives earnings as payment for personal services rendered for the benefit of any employer including officers of the employer. An employe is considered to have separated from the service of an employer at the end of the day on which the employe last performed services for the employer, or, if later, the day on which the employe-employer relationship is terminated because of the expiration or termination of leave without pay, sick leave, vacation or other leave of absence. A person shall not be considered an employe if any of the following applies:

1. The person is employed under a contract involving the furnishing of more than personal services.

2. The person is customarily engaged in an independently established trade, business or profession providing the same type of services to more than one employer and the person's services to an employer are not compensated for on a payroll of that employer.

3. The person is a patient or inmate of a hospital, home or institution and performs services in the hospital, home or institution.

(d) "Employer" means any person doing business or operating an organization in this state and employing at least 2 employes, except that for a person operating a farm business the person must employ at least one employe. "Employer" does not include an employer as defined in s. 40.02 (28).

(e) "Health care coverage program" means the health care coverage program established under sub. (2) (a).

(f) "Insurer" has the meaning given in s. 600.03 (27).

(g) "Nontherapeutic abortion" means an abortion that is not directly and medically necessary to prevent the death of the woman.