Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2,172,3 139. Page 31, line 17: after that line insert:

AB1-SSA1-SA2,172,4 " Section 93c. 36.25 (7) of the statutes is amended to read:

AB1-SSA1-SA2,172,11 36.25 (7) Soil and water conservation. The board is responsible for research and educational programs regarding soil and water conservation. The board shall cooperate with the land and water conservation board, the department of agriculture, trade and consumer protection natural resources and the counties in carrying out its soil and water conservation programs. The board shall prepare annually a written program of planned educational activities in soil and water conservation.".

AB1-SSA1-SA2,172,12 140. Page 31, line 17: after that line insert:

AB1-SSA1-SA2,172,14 " Section 93m. 36.25 (38) (b) 6. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,172,16 36.25 (38) (b) 6. To pay the department of electronic government administration for telecommunications services provided under s. 22.05 16.972 (1).".

AB1-SSA1-SA2,172,17 141. Page 31, line 17: after that line insert:

AB1-SSA1-SA2,172,18 " Section 93f. 36.34 (1) (c) of the statutes is created to read:

AB1-SSA1-SA2,172,19 36.34 (1) (c) 1. In this paragraph:

AB1-SSA1-SA2,172,22 a. For purposes of determining the appropriation under s. 20.285 (4) (dd) for fiscal year 2003-04, "base amount" means the amount shown in the schedule under s. 20.005 for that appropriation for fiscal year 2002-03.

AB1-SSA1-SA2,173,3 b. For purposes of determining the appropriation under s. 20.285 (4) (dd) for each fiscal year after fiscal year 2003-04, "base amount" means the appropriation determined under subd. 2. for the previous fiscal year.

AB1-SSA1-SA2,173,5 2. Annually, by February 1, the board shall determine the appropriation under s. 20.285 (4) (dd) for the next fiscal year as follows:

AB1-SSA1-SA2,173,9 a. The board shall determine the percentage by which the undergraduate academic fees charged for the current academic year at each institution within the University of Wisconsin System has increased or decreased from the undergraduate academic fees charged for the previous academic year.

AB1-SSA1-SA2,173,15 b. 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. 2. a., except that, if the undergraduate academic fees for the current academic year decreased or did not change from the undergraduate academic fees charged for the previous academic year at each institution specified in subd. 2. a., the appropriation shall be the base amount.".

AB1-SSA1-SA2,173,16 142. Page 31, line 17: after that line insert:

AB1-SSA1-SA2,173,17 " Section 93m. 38.04 (2m) of the statutes is repealed.".

AB1-SSA1-SA2,173,18 143. Page 32, line 15: after that line insert:

AB1-SSA1-SA2,173,19 " Section 99r. 39.435 (7) of the statutes is created to read:

AB1-SSA1-SA2,173,20 39.435 (7) (a) In this subsection:

AB1-SSA1-SA2,173,23 1. For purposes of determining the appropriation under s. 20.235 (1) (fe) for fiscal year 2003-04, "base amount" means the amount shown in the schedule under s. 20.005 for that appropriation for fiscal year 2002-03.

AB1-SSA1-SA2,174,3 2. For purposes of determining the appropriation under s. 20.235 (1) (fe) for each fiscal year after fiscal year 2003-04, "base amount" means the maximum appropriation amount determined under par. (b) for the previous fiscal year.

AB1-SSA1-SA2,174,5 (b) Annually, by February 1, the board shall determine the appropriation under s. 20.235 (1) (fe) for the next fiscal year as follows:

AB1-SSA1-SA2,174,9 1. The board shall determine the percentage by which the undergraduate academic fees charged for the current academic year at each institution within the University of Wisconsin System has increased or decreased from the undergraduate academic fees charged for the previous academic year.

AB1-SSA1-SA2,174,15 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 undergraduate academic fees for the current academic year decreased or did not change from the undergraduate academic fees charged for the previous academic year at each institution specified in subd. 1., the appropriation shall be the base amount.".

AB1-SSA1-SA2,174,16 144. Page 32, line 15: after that line insert:

AB1-SSA1-SA2,174,17 " Section 99e. 39.13 (2) of the statutes is amended to read:

AB1-SSA1-SA2,174,23 39.13 (2) The executive director may employ a deputy director, the number of division administrators specified in s. 230.08 (2) (e) and 11 professional staff members outside the classified service. Subject to authorization under s. 16.505, the executive director may employ additional professional staff members for development and grant projects outside the classified service or for other purposes within the classified service.

AB1-SSA1-SA2, s. 99r Section 99r. 40.02 (17) (e) of the statutes is amended to read:

AB1-SSA1-SA2,175,14 40.02 (17) (e) Each executive participating employee whose creditable service terminates on or after May 3, 1988, and each participating employee 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 employee'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 employee required contribution for all purposes of the Wisconsin retirement system.".

AB1-SSA1-SA2,175,15 145. Page 32, line 23: after that line insert:

AB1-SSA1-SA2,175,16 " Section 100L. Chapter 44 (title) of the statutes is amended to read:

AB1-SSA1-SA2,175,21 CHAPTER 44 HISTORICAL SOCIETIES, and ARTS BOARD and technology for educational achievement in Wisconsin board".

AB1-SSA1-SA2,175,22 146. Page 32, line 23: after that line insert:

AB1-SSA1-SA2,175,23 " Section 100hm. 40.51 (8) of the statutes is amended to read:

AB1-SSA1-SA2,176,4 40.51 (8) Every health care coverage plan offered by the state under sub. (6) shall comply with ss. 631.89, 631.90, 631.93 (2), 631.95, 632.72 (2), 632.746 (1) to (8) and (10), 632.747, 632.748, 632.83, 632.835, 632.85, 632.853, 632.855, 632.87 (3) to (5), 632.89, 632.895 (5m) and (8) to (14) (15), and 632.896.

AB1-SSA1-SA2, s. 100hp Section 100hp. 40.51 (8m) of the statutes is amended to read:

AB1-SSA1-SA2,176,9 40.51 (8m) Every health care coverage plan offered by the group insurance board under sub. (7) shall comply with ss. 631.95, 632.746 (1) to (8) and (10), 632.747, 632.748, 632.83, 632.835, 632.85, 632.853, 632.855, 632.89, and 632.895 (11) to (14) (15).".

AB1-SSA1-SA2,176,10 147. Page 32, line 23: after that line insert:

AB1-SSA1-SA2,176,11 " Section 100ic. 40.98 (2) (h) of the statutes is created to read:

AB1-SSA1-SA2,176,17 40.98 (2) (h) The department may seek funding from any person for the payment of costs of designing, marketing, and contracting for or providing administrative services under the health care coverage program and for lapsing to the general fund any amount required under sub. (6m). Any moneys received by the department under this paragraph shall be credited to the appropriation account under s. 20.515 (2) (g).

AB1-SSA1-SA2, s. 100ix Section 100ix. 40.98 (6m) of the statutes is created to read:

AB1-SSA1-SA2,177,3 40.98 (6m) The secretary of administration shall lapse from the appropriation under s. 20.515 (2) (g) to the general fund the amounts necessary to repay the loan under s. 601.34 when the secretary of administration, after consulting with the board, determines that funds in the appropriation under s. 20.515 (2) (g) are sufficient to make the lapse. The amounts that are required to be lapsed under s. 20.515 (2) (g) shall equal the amount necessary to pay all principal and interest costs on the loan, less any amount that is lapsed to the general fund under s. 20.515 (2) (a) at the end of the 2001-03 fiscal biennium. The secretary of administration may lapse the amounts under s. 20.515 (2) (g) in installments.".

AB1-SSA1-SA2,177,4 148. Page 32, line 23: after that line insert:

AB1-SSA1-SA2,177,6 " Section 100h. 40.02 (30) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-SSA1-SA2,177,13 40.02 (30) "Executive participating employee" means a participating employee in a position designated under s. 19.42 (10) (L) or 20.923 (4), (4g), (7), 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.".

AB1-SSA1-SA2,177,14 149. Page 32, line 23: after that line insert:

AB1-SSA1-SA2,177,15 " Section 100hn. 41.11 (6) of the statutes is created to read:

AB1-SSA1-SA2,177,18 41.11 (6) Badger state games grants. From the appropriation under s. 20.380 (1) (b), the department shall provide grants for the operation of the badger state games.".

AB1-SSA1-SA2,177,19 150. Page 32, line 23: after that line insert:

AB1-SSA1-SA2,177,20 " Section 100i. 40.05 (2) (h) of the statutes is created to read:

AB1-SSA1-SA2,178,5 40.05 (2) (h) 1. Beginning on the January 1 that first occurs after the actuary completes the valuation required under 2001 Wisconsin Act .... (this act), section 9116 (1q) (f), contributions shall be made for state agencies in a percentage of the earnings of each participating employee to reflect the cost of providing the retirement benefits under 2001 Wisconsin Act .... (this act), section 9116 (1q), and any contribution rate shall be sufficient to amortize, as a level percent of payroll, the unfunded liability of the state agencies over the remainder of the 10-year amortization period specified in the valuation prepared under 2001 Wisconsin Act .... (this act), section 9116 (1q) (f).

AB1-SSA1-SA2,178,20 2. Beginning on the January 1 that first occurs after the actuary completes the valuation required under 2001 Wisconsin Act .... (this act), section 9116 (1q) (f), contributions shall be made for employers that make an election under 2001 Wisconsin Act .... (this act), section 9116 (1q) (e) in a percentage of the earnings of each participating employee to reflect the cost of providing the retirement benefits under 2001 Wisconsin Act .... (this act), section 9116 (1q) (c), and any contribution rate shall be sufficient to amortize, as a level percent of payroll, the unfunded liability of the employers over the remainder of the 10-year amortization period specified in the valuation prepared under 2001 Wisconsin Act .... (this act), section 9116 (1q) (f). The department shall pool all employers that make the election under 2001 Wisconsin Act .... (this act), section 9116 (1q) (e), into a single employing unit for the purpose of calculating the contribution rate. This subdivision shall not apply to any employer that makes an election under 2001 Wisconsin Act .... (this act), section 9116 (1q) (e), if no employee of that employer elects to receive the retirement benefits provided under 2001 Wisconsin Act .... (this act), section 9116 (1q).

AB1-SSA1-SA2,179,2 3. In lieu of paying contributions under subd. 1. or 2., a participating employer may fully pay the unfunded liability as a lump sum payment. Such a payment may be made only after the date on which the actuary completes the valuation required under 2001 Wisconsin Act .... (this act), section 9116 (1q) (f), but before the January 1 that first occurs after the actuary completes the valuation required under 2001 Wisconsin Act .... (this act), section 9116 (1q) (f).

AB1-SSA1-SA2, s. 100j Section 100j. 40.23 (2m) (b) of the statutes is amended to read:

AB1-SSA1-SA2,179,18 40.23 (2m) (b) Except as provided in s. 40.26, subject to the limitations under section 415 of the Internal Revenue Code, the initial amount of the normal form annuity shall be an amount equal to 70%, or 65% for participants whose formula rate is determined under par. (e) 3. or 85% 90% for participants whose formula rate is determined under par. (e) 4., of the participant's final average earnings plus the amount which can be provided under pars. (c) and (d) or, if less, shall be in the monthly amount equal to the sum of the amounts determined under pars. (c), (d) and (e) as modified by par. (f) and in accordance with the actuarial tables in effect on the annuity effective date. If the participant has creditable service under both par. (e) 4. and another category under par. (e), the percent applied under this paragraph shall be determined by multiplying the percent that each type of creditable service is of the participant's total creditable service by 85% and 65% 90% or 70%, respectively, and adding the results, except that the resulting benefit may not be less than the amount of the normal form annuity that could be paid based solely on the creditable service under par. (e) 4.".

AB1-SSA1-SA2,179,19 151. Page 33, line 2: after that line insert:

AB1-SSA1-SA2,179,21 " Section 100p. Subchapter IV of chapter 44 [precedes 44.70] of the statutes, as affected by 2001 Wisconsin Acts 16 and .... (Senate Bill 176), is repealed.".

AB1-SSA1-SA2,179,22 152. Page 33, line 2: after that line insert:

AB1-SSA1-SA2,179,23 " Section 100ng. 45.358 (3) (g) of the statutes is amended to read:

AB1-SSA1-SA2,180,4 45.358 (3) (g) A veteran who was discharged or released from active duty in the U.S. armed forces under honorable conditions and who was a resident of the state for at least 5 12 consecutive years months after completing entering or reentering service on active duty.

AB1-SSA1-SA2, s. 100nm Section 100nm. 45.43 (1) (title) of the statutes is amended to read:

AB1-SSA1-SA2,180,6 45.43 (1) (title) Election or appointment.

AB1-SSA1-SA2, s. 100nq Section 100nq. 45.43 (1) (a) of the statutes is amended to read:

AB1-SSA1-SA2,180,18 45.43 (1) (a) Except as provided under par. (b), the county board shall elect a county veterans' service officer who shall be a Wisconsin resident who served on active duty, other than active duty for training, under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces for 2 consecutive years, except service on active duty for training purposes. An individual who is discharged for reasons of hardship or a service-connected disability or released due to a reduction in the U.S. armed forces or for the good of the service prior to the completion of the required period of service is eligible for election to the office, regardless of the actual time served and who meets at least one of the conditions listed in s. 45.35 (5) (a) 1. a. to d. and at least one of the conditions listed in s. 45.35 (5) (a) 2. a. to c.

AB1-SSA1-SA2, s. 100ns Section 100ns. 45.43 (1) (am) of the statutes is created to read:

AB1-SSA1-SA2,180,25 45.43 (1) (am) Except as provided under par. (b), the county board may appoint assistant county veterans' service officers who shall be Wisconsin residents who served on active duty, other than active duty for training, under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces and who meet at least one of the conditions listed in s. 45.35 (5) (a) 1. a. to d. and at least one of the conditions listed in s. 45.35 (5) (a) 2. a. to c.

AB1-SSA1-SA2, s. 100nv Section 100nv. 45.43 (7m) (a) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,181,8 45.43 (7m) (a) Annually, from the appropriation under s. 20.485 (2) (s), the department shall award grants to counties that are not served by transportation services provided by the Wisconsin department of Disabled American Veterans to develop, maintain, and expand transportation services for disabled veterans. The grants may be used to support multi-county multicounty cooperative transportation services.".

AB1-SSA1-SA2,181,9 153. Page 33, line 2: after that line insert:

AB1-SSA1-SA2,181,10 " Section 100nc. 46.10 (8) (d) of the statutes is amended to read:

AB1-SSA1-SA2,181,15 46.10 (8) (d) After due regard to the case and to a spouse and minor children who are lawfully dependent on the property for support, compromise or waive any portion of any claim of the state or county for which a person specified under sub. (2) is liable, but not any claim payable by an insurer under s. 632.89 (2) or (2m) (4m) or by any other 3rd party.

AB1-SSA1-SA2, s. 100nj Section 100nj. 46.10 (14) (a) of the statutes is amended to read:

AB1-SSA1-SA2,182,6 46.10 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 46.03 (18) for inpatient care and maintenance of persons under 18 years of age at community mental health centers, a county mental health complex under s. 51.08, the centers for the developmentally disabled, Mendota mental health institute, and Winnebago mental health institute or care and maintenance of persons under 18 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, child caring institutions, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 46.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) (4m) or by other 3rd party benefits, subject to rules which include formulas governing ability to pay promulgated by the department under s. 46.03 (18). Any liability of the patient not payable by any other person terminates when the patient reaches age 18, unless the liable person has prevented payment by any act or omission.".

AB1-SSA1-SA2,182,7 154. Page 37, line 25: after that line insert:

AB1-SSA1-SA2,182,8 " Section 119g. 49.152 (title) of the statutes is renumbered 49.16 (title).

AB1-SSA1-SA2, s. 119gd Section 119gd. 49.152 (1) of the statutes is renumbered 49.16 (1) and amended to read:

AB1-SSA1-SA2,182,19 49.16 (1) Petition for review. Any individual whose application for any component of Wisconsin works is not acted upon by the Wisconsin works agency with reasonable promptness after the filing of the application, as defined by the department by rule, or is denied in whole or in part, whose benefit is modified or canceled, or who believes that the benefit was calculated incorrectly or that the employment position in which the individual was placed is inappropriate, may petition the Wisconsin works agency department for a review of such action. Review is unavailable if the action by the Wisconsin works agency occurred more than 45 days prior to submission of the petition for review.

AB1-SSA1-SA2, s. 119gg Section 119gg. 49.152 (2) of the statutes is repealed.

AB1-SSA1-SA2, s. 119gj Section 119gj. 49.152 (3) (title) and (b) of the statutes are consolidated, renumbered 49.16 (3) and amended to read:

AB1-SSA1-SA2,183,10 49.16 (3) Remedies. (b) If, following review under sub. (2), the Wisconsin works agency or the department determines that an individual's application was not acted upon with reasonable promptness or was improperly denied in whole or in part, that a participant's benefit was improperly modified or canceled, or was calculated incorrectly, or that a participant was placed in an inappropriate Wisconsin works employment position, the Wisconsin works agency shall restore the benefit to the level determined to be appropriate by the Wisconsin works agency or by the department grant the appropriate benefit, retroactive to the date on which the individual's application was first not acted upon with reasonable promptness or improperly denied in whole or in part, the individual's benefit was first improperly modified or canceled or incorrectly calculated, or the individual was first placed in an inappropriate Wisconsin works position.

AB1-SSA1-SA2, s. 119gm Section 119gm. 49.152 (3) (a) of the statutes is repealed.

AB1-SSA1-SA2, s. 119j Section 119j. 49.16 (2) and (4) of the statutes are created to read:

AB1-SSA1-SA2,183,24 49.16 (2) Review. The department shall give an applicant or participant who files a timely petition under sub. (1) an opportunity for a fair hearing. Upon receipt of a timely petition under sub. (1), the department shall provide reasonable notice of the hearing to the applicant or participant, the Wisconsin works agency, and, if appropriate, the county clerk. The department may make any additional investigation that it considers necessary. The Wisconsin works agency and, if appropriate, the county may be represented at the hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or participant, the Wisconsin works agency, and, if appropriate, the county clerk. The decision of the department shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for a hearing or shall refuse to grant relief if any of the following applies:

AB1-SSA1-SA2,183,25 (a) The applicant or participant withdraws the petition in writing.

AB1-SSA1-SA2,184,3 (b) The sole issue in the petition concerns an automatic grant adjustment or change for a class of participants as required by state or federal law, unless the issue concerns an incorrect computation of the participant's benefit.

AB1-SSA1-SA2,184,7 (c) The applicant or participant abandons the petition. Abandonment occurs if the applicant or participant fails to appear in person or by a representative at a scheduled hearing without providing the department with good cause for that failure to appear.

AB1-SSA1-SA2,184,9 (4) Nonentitlement. This section does not create an entitlement to any services or benefits under Wisconsin works.".

AB1-SSA1-SA2,184,10 155. Page 37, line 25: after that line insert:

AB1-SSA1-SA2,184,12 " Section 119k. 49.175 (1) (z) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read: