Amendment SA1-SSA1-SB40

SB40-SSA1-SA1,73,6 36.09 (1) (j) Except where such matters are a subject of bargaining with a certified representative of a collective bargaining unit under s. 111.91 or 111.998, the board shall establish salaries for persons not in the classified staff prior to July 1 of each year for the next fiscal year, and shall designate the effective dates for payment of the new salaries. In the first year of the biennium, payments of the salaries established for the preceding year shall be continued until the biennial budget bill is enacted. If the budget is enacted after July 1, payments shall be made following enactment of the budget to satisfy the obligations incurred on the effective dates, as designated by the board, for the new salaries, subject only to the appropriation of funds by the legislature and s. 20.928 (3). This paragraph does not limit the authority of the board to establish salaries for new appointments. The board may not increase the salaries of employees specified in ss. 20.923 (5) and (6) (m) and 230.08 (2) (d) under this paragraph unless the salary increase conforms to the proposal as approved under s. 230.12 (3) (e) or the board authorizes the salary increase to correct salary inequities under par. (h), to fund job reclassifications or promotions, or to recognize competitive factors. The board may not increase the salary of any position identified in s. 20.923 (4g) under this paragraph unless the salary increase conforms to the proposal as approved under s. 230.12 (3) (e) or the board authorizes the salary increase to correct a salary inequity or to recognize competitive factors. The board may not increase the salary of any position identified in s. 20.923 (4g) (ae) and (am) to correct a salary inequity that results from the appointment of a person to a position identified in s. 20.923 (4g) (ae) and (am) unless the increase is approved by the office of state employment relations. The granting of salary increases to recognize competitive factors does not obligate inclusion of the annualized amount of the increases in the appropriations under s. 20.285 (1) for subsequent fiscal bienniums. No later than October 1 of each year, the board shall report to the joint committee on finance and the secretary of administration and director of the office of state employment relations concerning the amounts of any salary increases granted to recognize competitive factors, and the institutions at which they are granted, for the 12-month period ending on the preceding June 30.".

SB40-SSA1-SA1,73,10 298. Page 467, line 4: delete lines 4 to 7 and substitute "36.27 (3n) (b) (intro.) Except as provided ins subds. 1. to 3., the The board shall grant full remission of academic fees and segregated fees for 128 credits or 8 semesters, whichever is longer, to any resident student".

SB40-SSA1-SA1,73,11 299. Page 467, line 15: after that line insert:

SB40-SSA1-SA1,73,12 " Section 734mm. 36.27 (3n) (bq) of the statutes is created to read:

SB40-SSA1-SA1,73,15 36.27 (3n) (bq) The board shall grant a remission under this subsection to a person for the lesser of the following, less the number of credits or semesters for which the person received remission of fees under s. 38.24 (7):

SB40-SSA1-SA1,73,16 1. 128 credits or 8 semesters, whichever is longer.

SB40-SSA1-SA1,73,18 2. Until completion of a sufficient number of credits to be awarded a bachelor's degree in the person's major field of study.".

SB40-SSA1-SA1,73,21 300. Page 468, line 2: after "veteran." insert "A student who at any time is granted a remission under par. (bg) is not eligible for a remission under this paragraph.".

SB40-SSA1-SA1,73,22 301. Page 468, line 2: after that line insert:

SB40-SSA1-SA1,73,23 " Section 735m. 36.27 (3p) (bg) of the statutes is created to read:

SB40-SSA1-SA1,74,8 36.27 (3p) (bg) 1. Except as provided in par. (bm), the board shall grant remission of nonresident tuition, academic fees, and segregated fees charged for 48 credits or until completion of a sufficient number of credits to be awarded a graduate degree in the student's field of study, whichever is less, less the amount of any academic fees or segregated fees paid under 10 USC 2107 (c) or 38 USC 3104 (a) (7) (A), to any student enrolled as a graduate student who is a veteran. A student who at any time was granted a remission under par. (b) or s. 38.24 (8) (b) is not eligible for a remission under this paragraph.

SB40-SSA1-SA1,74,11 2. The amount of a remission granted under subd. 1. to a graduate student may not exceed the amount of a remission granted under par. (b) to a resident undergraduate student at the same institution for the same number of credits.".

SB40-SSA1-SA1,74,14 302. Page 477, line 11: after "veteran." insert "A student who at any time is granted a remission under s. 36.27 (3p) (bg) is not eligible for a remission under this paragraph.".

SB40-SSA1-SA1,74,15 303. Page 478, line 3: after that line insert:

SB40-SSA1-SA1,74,17 " Section 742b. 38.28 (3) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-SSA1-SA1,74,24 38.28 (3) If the appropriation for state aid under s. 20.292 (1) (u) (fc) in any one year is insufficient to pay the full amount under subs. (2) (c) and (g), funds in the appropriation shall be used first for the purposes of sub. (2) (c) and any remaining funds shall be prorated among the districts entitled to support under sub. (2) (g). If the appropriation for state aid under s. 20.292 (1) (u) (fc) in any one year is insufficient to pay the full amount under sub. (2) (c), funds in the appropriation shall be prorated among the districts entitled to the funds.".

SB40-SSA1-SA1,75,1 304. Page 478, line 6: after that line insert:

SB40-SSA1-SA1,75,3 " Section 743b. 38.29 (2) (c) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-SSA1-SA1,75,5 38.29 (2) (c) Amounts awarded shall be paid from the appropriation under s. 20.292 (1) (v) (fg).".

SB40-SSA1-SA1,75,6 305. Page 479, line 18: after that line insert:

SB40-SSA1-SA1,75,7 " Section 743s. 39.12 (5) of the statutes is amended to read:

SB40-SSA1-SA1,75,12 39.12 (5) Any corporation established under this section shall be organized so that contributions to it will be deductible from adjusted gross income under section 170 of the internal revenue code and so that the corporation will be exempt from taxation under section 501 of the internal revenue code and ss. 71.26 (1) (a) and 71.45 (1) (a).".

SB40-SSA1-SA1,75,13 306. Page 483, line 16: after that line insert:

SB40-SSA1-SA1,75,15 " Section 751d. 40.02 (20) of the statutes is renumbered 40.02 (20) (intro.) and amended to read:

SB40-SSA1-SA1,75,16 40.02 (20) (intro.) "Dependent" means the:

SB40-SSA1-SA1,75,23 (a) Except as provided in pars. (b) and (bt), the spouse, minor child, including stepchildren of the current marriage dependent on the employee for support and maintenance, or child of any age, including stepchildren of the current marriage, if handicapped to an extent requiring continued dependence. For group insurance purposes only, the department may promulgate rules with a different definition of "dependent" than the one otherwise provided in this subsection paragraph for each group insurance plan.

SB40-SSA1-SA1, s. 751h Section 751h. 40.02 (20) (b) of the statutes is created to read:

SB40-SSA1-SA1,76,7 40.02 (20) (b) For a state employee or for an annuitant who was employed by a state agency on the day on which he or she terminated covered employment, the spouse, domestic partner, minor child, including stepchildren of the current marriage or children of a domestic partner dependent on the employee or annuitant for support and maintenance, or child of any age, including stepchildren of the current marriage or children of a domestic partner, if handicapped to an extent requiring continued dependence.

SB40-SSA1-SA1, s. 751i Section 751i. 40.02 (20) (bt) of the statutes is created to read:

SB40-SSA1-SA1,76,14 40.02 (20) (bt) For the purpose of health care coverage under s. 40.51 (7), but only if the employer consents, in writing, to the department, the spouse, domestic partner, minor child, including stepchildren of the current marriage or children of a domestic partner dependent on the employee for support and maintenance, or child of any age, including stepchildren of the current marriage or children of a domestic partner, if handicapped to an extent requiring continued dependence.

SB40-SSA1-SA1, s. 751p Section 751p. 40.02 (21c) of the statutes is created to read:

SB40-SSA1-SA1,76,16 40.02 (21c) "Domestic partner" means an individual in a domestic partnership.

SB40-SSA1-SA1, s. 751t Section 751t. 40.02 (21d) of the statutes is created to read:

SB40-SSA1-SA1,76,19 40.02 (21d) "Domestic partnership" means a relationship between 2 individuals that satisfies all of the following:

SB40-SSA1-SA1,76,21 (a) Each individual is at least 18 years old and otherwise competent to enter into a contract.

SB40-SSA1-SA1,76,23 (b) Neither individual is married to, or in a domestic partnership with, another individual.

SB40-SSA1-SA1,76,25 (c) The 2 individuals are not related by blood in any way that would prohibit marriage under s. 765.03.

SB40-SSA1-SA1,77,2 (d) The 2 individuals consider themselves to be members of each other's immediate family.

SB40-SSA1-SA1,77,4 (e) The 2 individuals agree to be responsible for each other's basic living expenses.".

SB40-SSA1-SA1,77,5 307. Page 483, line 16: after that line insert:

SB40-SSA1-SA1,77,6 " Section 755. 40.02 (25) (b) 8. of the statutes is amended to read:

SB40-SSA1-SA1,77,9 40.02 (25) (b) 8. Any other state employee for whom coverage is authorized under a collective bargaining agreement pursuant to subch. I or, V, or VI of ch. 111 or under s. 230.12 or 233.10.".

SB40-SSA1-SA1,77,10 308. Page 485, line 2: after that line insert:

SB40-SSA1-SA1,77,11 " Section 762. 40.05 (1) (b) of the statutes is amended to read:

SB40-SSA1-SA1,78,15 40.05 (1) (b) In lieu of employee 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 employees. Action to assume employee 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 employees who are covered by a collective bargaining agreement under subch. V or VI of ch. 111 and for employees 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 or VI 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 employees who are covered by a collective bargaining agreement under subch. I of ch. 111 and for employees 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 employees who are not covered by a collective bargaining agreement under subch. V or VI of ch. 111 and for employees 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 director of the office of state 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 employees 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.".

SB40-SSA1-SA1,78,16 309. Page 485, line 17: after that line insert:

SB40-SSA1-SA1,78,17 " Section 765cb. 40.05 (4) (a) 4. of the statutes is created to read:

SB40-SSA1-SA1,78,20 40.05 (4) (a) 4. This paragraph does not apply to any insured employee or retired insured employee who receives health care coverage under the Healthy Wisconsin Plan under ch. 260.

SB40-SSA1-SA1, s. 765db Section 765db. 40.05 (4) (ag) (intro.) of the statutes is amended to read:

SB40-SSA1-SA1,79,2 40.05 (4) (ag) (intro.) Beginning on January 1, 2004, except as otherwise provided in accordance with a collective bargaining agreement under subch. I or, V, or VI of ch. 111 or s. 230.12 or 233.10, the employer shall pay for its currently employed insured employees who are not covered under the Healthy Wisconsin Plan under ch. 260:

SB40-SSA1-SA1, s. 765eb Section 765eb. 40.05 (4) (ar) of the statutes is repealed.

SB40-SSA1-SA1, s. 765fb Section 765fb. 40.05 (4) (b) of the statutes is amended to read:

SB40-SSA1-SA1,80,13 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, or VI of ch. 111 of any eligible employee 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 employee under s. 40.02 (25) (b) 6. or 10., be converted, at the employee's highest basic pay rate he or she received while employed by the state, to credits for payment of health insurance premiums on behalf of the employee or the employee's surviving insured dependents. Any supplemental compensation that is paid to a state employee who is classified under the state classified civil service as a teacher, teacher supervisor, or education director for the employee's completion of educational courses that have been approved by the employee's employer is considered as part of the employee's basic pay for purposes of this paragraph. The full premium for any eligible employee who is insured at the time of retirement, or for the surviving insured dependents of an eligible employee 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. Upon conversion of an employee's unused sick leave to credits under this paragraph or par. (bf), the employee or, if the employee is deceased, the employee's surviving insured dependents may initiate deductions from those credits or may elect to delay initiation of deductions from those credits, but only if the employee 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 date on which the employee or surviving insured dependents later elect to initiate deductions from those credits. If an employee or an employee's surviving insured dependents elect to delay initiation of deductions from those credits, an employee or the employee's surviving insured dependents may only later elect to initiate deductions from those credits during the annual enrollment period under par. (be). 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) benefits provided under the Healthy Wisconsin Plan under ch. 260.

SB40-SSA1-SA1, s. 765gb Section 765gb. 40.05 (4) (be) of the statutes is amended to read:

SB40-SSA1-SA1,81,4 40.05 (4) (be) The department shall establish an annual enrollment period during which an employee or, if the employee is deceased, an employee's surviving insured dependents may elect to initiate or delay continuation of deductions from the employee's sick leave credits under par. (b). An employee or surviving insured dependent may elect to continue or delay continuation of such deductions any number of times. If an employee or surviving insured dependent has initiated the deductions but later elects to delay continuation of the deductions, the employee or surviving insured dependent must be covered by a comparable health insurance plan or policy during the period beginning on the date on which the employee or surviving insured dependent delays continuation of the deductions and ending on the date on which the employee or surviving insured dependent later elects to continue the deductions. 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) benefits provided under the Healthy Wisconsin Plan under ch. 260.

SB40-SSA1-SA1, s. 765hb Section 765hb. 40.05 (4g) (d) of the statutes is created to read:

SB40-SSA1-SA1,81,8 40.05 (4g) (d) This subsection shall not apply to an eligible employee who is receiving health care coverage under the Healthy Wisconsin Plan under ch. 260 while on active duty in the U.S. armed forces.

SB40-SSA1-SA1, s. 765ib Section 765ib. 40.51 (1) of the statutes is amended to read:

SB40-SSA1-SA1,81,15 40.51 (1) The procedures and provisions pertaining to enrollment, premium transmitted and coverage of eligible employees for health care benefits shall be established by contract or rule except as otherwise specifically provided by this chapter. Notwithstanding subs. (6) and (7), an eligible employee who is covered under the Healthy Wisconsin Plan under ch. 260 may not receive coverage under this subchapter for any coverage provided the employee under ch. 260.

SB40-SSA1-SA1, s. 765jb Section 765jb. 40.51 (2) of the statutes is amended to read:

SB40-SSA1-SA1,82,7 40.51 (2) Except as provided in subs. (10), (10m), (11) and (16), any eligible employee may become covered by group health insurance benefits under this subchapter by electing coverage within 30 days of being hired, to be effective as of the first day of the month which begins on or after the date the application is received by the employer, or by electing coverage prior to becoming eligible for any employer contribution towards the premium cost as provided in s. 40.05 (4) (a) to be effective upon becoming eligible for employer contributions. An eligible employee who is not insured, but who is eligible for an employer contribution under s. 40.05 (4) (ag) 1., may elect coverage prior to becoming eligible for an employer contribution under s. 40.05 (4) (ag) 2., with the coverage to be effective upon becoming eligible for the increase in the employer contribution. Any employee who does not so elect at one of these times, or who subsequently cancels the insurance, shall not thereafter become insured unless the employee furnishes evidence of insurability satisfactory to the insurer, at the employee's own expense or obtains coverage subject to contractual waiting periods. The method to be used shall be specified in the health insurance contract.

SB40-SSA1-SA1, s. 765kb Section 765kb. 40.51 (6) of the statutes is renumbered 40.51 (6) (a) and amended to read:

SB40-SSA1-SA1,82,18 40.51 (6) (a) This state shall offer to all of its eligible employees described in subs. (10), (10m), and (16) at least 2 insured or uninsured health care coverage plans providing substantially equivalent hospital and medical benefits, including a health maintenance organization or a preferred provider plan, if those health care plans are determined by the group insurance board to be available in the area of the place of employment and are approved by the group insurance board. The group insurance board shall place each of the plans into one of 3 tiers established in accordance with standards adopted by the group insurance board. The tiers shall be separated according to the employee's share of premium costs.

SB40-SSA1-SA1, s. 765Lb Section 765Lb. 40.51 (6) (b) of the statutes is created to read:

SB40-SSA1-SA1,82,22 40.51 (6) (b) The state may offer to its employees coverage for health care benefits not provided to the employees under the Healthy Wisconsin Plan under ch. 260.

SB40-SSA1-SA1, s. 765nb Section 765nb. 40.51 (7) of the statutes is amended to read:

SB40-SSA1-SA1,83,6 40.51 (7) Any employer, other than the state, may offer to all of its employees a health care coverage plan coverage for health care benefits not provided to the employees under the Healthy Wisconsin Plan under ch. 260 through a program offered by the group insurance board. Notwithstanding sub. (2) and ss. 40.05 (4) and 40.52 (1), the department may by rule establish different eligibility standards or contribution requirements for such employees and employers and may by rule limit the categories of employers, other than the state, which may be included as participating employers under this subchapter.

SB40-SSA1-SA1, s. 765pb Section 765pb. 40.51 (8) of the statutes is amended to read:

SB40-SSA1-SA1,83,11 40.51 (8) Every health care coverage plan offered by the state under sub. (6) (a) 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 (6), 632.895 (5m) and (8) to (14), and 632.896.

SB40-SSA1-SA1, s. 765qb Section 765qb. 40.51 (8m) of the statutes is amended to read:

SB40-SSA1-SA1,83,16 40.51 (8m) Every health care coverage plan offered by the group insurance board under sub. subs. (6) (b) and (7) 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, and 632.895 (11) to (14) 632.87 (3) to (6).

SB40-SSA1-SA1, s. 765rb Section 765rb. 40.52 (1) (intro.) of the statutes is amended to read:

SB40-SSA1-SA1,83,21 40.52 (1) (intro.) The group insurance board shall establish by contract a standard health insurance plan in which all insured employees shall participate except as otherwise provided in this chapter. The Except as provided in sub. (1m), the standard plan shall provide:

SB40-SSA1-SA1, s. 765sb Section 765sb. 40.52 (1m) of the statutes is created to read:

SB40-SSA1-SA1,83,25 40.52 (1m) The standard health insurance plan described under sub. (1) shall not provide employees any health care coverage that the employees receive under the Healthy Wisconsin Plan under ch. 260.

SB40-SSA1-SA1, s. 765tb Section 765tb. 40.52 (2) of the statutes is amended to read:

SB40-SSA1-SA1,84,16 40.52 (2) Health insurance benefits under this subchapter shall be integrated, with exceptions determined appropriate by the group insurance board, with benefits under federal plans for hospital and health care for the aged and disabled and with benefits provided under the Healthy Wisconsin Plan under ch. 260. Exclusions and limitations with respect to benefits and different rates may be established for persons eligible under federal plans for hospital and health care for the aged and disabled in recognition of the utilization by persons within the age limits eligible under the federal program and for employees who receive benefits under the Healthy Wisconsin Plan under ch. 260. The plan may include special provisions for spouses and other dependents covered under a plan established under this subchapter where one spouse is eligible under federal plans for hospital and health care for the aged or under the Healthy Wisconsin Plan under ch. 260 but the others are not eligible because of age or other reasons. As part of the integration, the department may, out of premiums collected under s. 40.05 (4), pay premiums for the federal health insurance.

SB40-SSA1-SA1, s. 765ub Section 765ub. 40.98 (2) (a) 1. of the statutes is amended to read:

SB40-SSA1-SA1,85,3 40.98 (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. The health care coverage program shall not provide employees any health care coverage that the employees receive under the Healthy Wisconsin Plan under ch. 260.".

SB40-SSA1-SA1,85,4 310. Page 485, line 17: after that line insert:

SB40-SSA1-SA1,85,5 " Section 767. 40.05 (4) (bw) of the statutes is amended to read:

SB40-SSA1-SA1,85,16 40.05 (4) (bw) On converting accumulated unused sick leave to credits for the payment of health insurance premiums under par. (b), the department shall add additional credits, calculated in the same manner as are credits under par. (b), that are based on a state employee's accumulated sabbatical leave or earned vacation leave from the state employee's last year of service prior to retirement, or both. The department shall apply the credits awarded under this paragraph for the payment of health insurance premiums only after the credits awarded under par. (b) are exhausted. This paragraph applies only to state employees who are eligible for accumulated unused sick leave conversion under par. (b) and who are entitled to the benefits under this paragraph pursuant to a collective bargaining agreement under subch. V or VI of ch. 111.

SB40-SSA1-SA1, s. 768 Section 768. 40.05 (4g) (a) 4. of the statutes is amended to read:

SB40-SSA1-SA1,85,22 40.05 (4g) (a) 4. Has received a military leave of absence under s. 230.32 (3) (a) or 230.35 (3), under a collective bargaining agreement under subch. V or VI of ch. 111 or under rules promulgated by the director of the office of state employment relations or is eligible for reemployment with the state under s. 21.79 after completion of his or her service in the U.S. armed forces.

SB40-SSA1-SA1, s. 769 Section 769. 40.05 (5) (intro.) of the statutes is amended to read:

SB40-SSA1-SA1,86,5 40.05 (5) Income continuation insurance premiums. (intro.) For the income continuation insurance provided under subch. V the employee 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, or VI of ch. 111 or s. 230.12 or 233.10:

SB40-SSA1-SA1, s. 770 Section 770. 40.05 (5) (b) 4. of the statutes is amended to read:

SB40-SSA1-SA1,86,9 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, or VI of ch. 111.

SB40-SSA1-SA1, s. 771 Section 771. 40.05 (6) (a) of the statutes is amended to read: