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.
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:
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.
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).
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).
SECTION 921m. 39.51 (title) and (1) (a) to (d) of the statutes are renumbered 45.54 (title) and (1) (a) to (d).
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:
SECTION 923m. 39.51 (1) (f) and (g) of the statutes are renumbered 45.54 (1) (f) and (g).
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.
SECTION 927. 39.51 (9) (title) and (intro.) of the statutes are repealed.
SECTION 928. 39.51 (9) (a) to (h) of the statutes are renumbered 45.54 (1) (e) 1. to 8.
SECTION 929m. 39.51 (10) of the statutes is renumbered 45.54 (10).
SECTION 930t. 40.02 (17) (g) of the statutes is repealed.
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.
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.;
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;
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:
SECTION 930wm. 40.02 (26) (intro.) of the statutes, as affected by 1999 Wisconsin Act .... (this act), section 930wb, 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:
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.
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.
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.
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).
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
(2) (a) 1. The department shall design an actuarially sound health care coverage program for employers that includes more than one group health care coverage plan and that provides coverage beginning not later than January 1, 2001. The health care coverage program shall be known as the "Private Employer Health Care Purchasing Alliance". In designing the health care coverage program, the department shall consult with the office of the commissioner of insurance and may consult with the departments of commerce and health and family services. The health care coverage program may not be implemented until it is approved by the board.
2. The department shall solicit and accept bids and make every reasonable effort to enter into a contract for the administration of the health care coverage plans under the program, based on criteria established by the board. If the department has not entered into a contract for the administration of the health care coverage plans under the program for coverage to begin before January 1, 2001, the department shall submit a report to the cochairpersons of the joint committee on finance specifying the department's reasons for not entering into a contract. After submitting the report to the cochairpersons of the joint committee on finance, the department shall provide all administrative services necessary for the provision of the health care coverage plans under the program. During the period that the department is providing the administrative services, the department shall continue to make every reasonable effort to contract for the administration of the health care coverage plans under the program.
3. The administrator selected under subd. 2., or the department if no administrator has been selected under subd. 2., shall enter into contracts with insurers who are to provide health care coverage under the health care coverage program.
4. The department shall solicit and accept bids and shall enter into a contract for marketing the health care coverage program.
5. The department shall maintain a toll-free telephone number to provide information on the health care coverage program.
(b) Every health care coverage plan under the health care coverage program is subject to the provisions of chs. 600 to 646 that apply to group health benefit plans, as defined in s. 632.745 (9), to the same extent as any other group health benefit plan, as defined in s. 632.745 (9).
(bm) No health care coverage plan under the health care coverage program may provide coverage of a nontherapeutic abortion except by an optional rider or supplemental coverage provision that is offered and provided on an individual basis and for which an additional, separate premium or charge is paid by the individual to be covered under the rider or supplemental coverage provision. Only funds attributable to premiums or charges paid for coverage under the rider or supplemental coverage provision may be used for the payment of any claim, and related administrative expenses, that relates to a nontherapeutic abortion. Such funds may not be used for the payment of any claim or administrative expenses that relate to any other type of coverage provided by the insurer under the health care coverage plan. Nothing in this paragraph requires an insurer or an employer to offer or provide coverage of an abortion under a health care coverage plan under the health care coverage program.
(c) The health care coverage program established under par. (a), or any health care coverage plan included in the program, may not be combined with any health care coverage plan under subch. IV.
(d) All insurance rates for health care coverage under the program shall be published annually in a single publication that is made available to employers and employes. The rates may be listed by county or by any other regional factor that the board considers appropriate.
(e) All plans under the health care coverage program shall have an enrollment period that is established by the board.
(f) 1. If the department has selected an administrator under par. (a) 2., the administrator shall charge employers who participate in the health care coverage program a fee to cover the cost of administrative services for the health care coverage program. The administrator shall reimburse the department for the expenses incurred by the department in designing, marketing and contracting for administrative services for the program. All moneys received by the department under this subdivision shall be credited to the appropriation account under s. 20.515 (2) (g).
2. If the department has not selected an administrator under par. (a) 2., the department shall charge employers who participate in the health care coverage program a fee to cover the costs incurred by the department in designing, marketing and providing administrative services for the health care coverage program. All moneys received by the department under this subdivision shall be credited to the appropriation account under s. 20.515 (2) (g).
