50.05 (2) (g) The department or the facility determines that estimated operating expenditures of the facility significantly exceed anticipated revenues for the facility.
SECTION 5. 50.05 (2) (h) of the statutes is created to read:
50.05 (2) (h) The facility or facility's operator has been charged with or convicted of an offense specified under s. 49.49 or 940.295, or a Medicare violation under 42 USC 1320a-7a, 1320a-7b, or 1320a-8.
SECTION 6. 50.05 (3) of the statutes is amended to read:
50.05 (3) MONITOR. In any situation described in sub. (2), the department may place a person to act as monitor in the facility. The monitor shall observe operation of the facility, assist the facility by advising it on how to comply with state regulations, and shall periodically submit to the department a written report periodically to the department on the operation of the facility. The monitor may assist in the financial management of the facility. The department may require payment by the operator or controlling person of the facility for the costs of placement of a person to act as monitor in the facility.
SECTION 9322. Initial applicability; Health Services.
(1) NURSING HOME CONTESTED ACTION OR FORFEITURE TIME LIMITS. The treatment of section 50.04 (4) (e) 1. and (5) (e) of the statutes first applies to a violation of subchapter I of chapter 50 of the statutes or of a rule promulgated under subchapter I of chapter 50 of the statutes that is committed on the effective date of this subsection.
(End)
LRB-1289LRB-1289/1
RAC:jld:md
2009 - 2010 LEGISLATURE
DOA:......Frederick, BB0317 - WRS Benefits for Educational Support Personnel Employees
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: retirement benefits provided to educational support personnel under the Wisconsin Retirement System.
Analysis by the Legislative Reference Bureau
retirement and group insurance
This bill increases Wisconsin Retirement System (WRS) benefits provided to an "educational support personnel employee" who is defined under current law as any school district employee other than a teacher, librarian, or administrator. The bill makes the following changes to the WRS:
1. Under current law, to become covered under the WRS, an individual must work for a covered employer at least one-third of what is considered full-time employment, as determined by DETF by rule. For all WRS participants, other than teachers, librarians, and administrators, DETF defines full-time employment to be 1,904 hours per year and one-third employment to be 600 hours per year. In contrast, for teachers, librarians, and administrators, DETF defines full-time employment to be 1,320 hours per year and one-third employment to be 440 hours per year. This bill requires that educational support personnel employees and teachers, librarians, and administrators must be treated the same in terms of qualifying for coverage under the WRS, with full-time employment for educational support personnel employees set at 1,320 hours per year.
2. Under current law, for early retirement purposes under the WRS, a participant, other than a teacher, librarian, or administrator, with at least 0.75 of a year of creditable service in any annual earnings period must be treated as having one year of creditable service for that annual earnings period. To be eligible for the treatment, the participant must have earned only a partial year of creditable service in at least five of the ten annual earnings periods immediately preceding the annual earnings period in which the participant terminated covered employment. This bill provides that, for early retirement purposes, a participant's amount of creditable service in any annual earnings period shall be treated as the amount of creditable service that a teacher, librarian, or administrator would earn for that annual earnings period. Because DETF defines full-time employment to be 1,320 hours per year for a teacher, librarian, or administrator, this bill will reduce the number of hours required for early retirement purposes for all other WRS participants, to qualify for a year of creditable service, from 1,428 hours to 1,320 hours per year.
Because this bill relates to public employee retirement or pensions, it may be referred to the Joint Survey Committee on Retirement Systems for a report to be printed as an appendix to the bill.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 40.22 (2m) (a) of the statutes is amended to read:
40.22 (2m) (a) At least one year for at least one-third of what is considered full-time employment by the department, as determined by rule, or, for an educational support personnel employee, at least one year for at least one-third of what is considered full-time employment for a teacher.
SECTION 2. 40.23 (2m) (fm) of the statutes is amended to read:
40.23 (2m) (fm) Notwithstanding s. 40.02 (17) (intro.), for purposes of determining creditable service under par. (f) 2., participants with at least 0.75 of a year a participant's amount of creditable service in any annual earnings period shall be treated as having one year the amount of creditable service that a teacher would earn for that annual earnings period. To be eligible for the treatment provided by this paragraph, the participant must have earned only a partial year of creditable service in at least 5 of the 10 annual earnings periods immediately preceding the annual earnings period in which the participant terminated covered employment, and the participant must notify the department of the applicability of this paragraph to the participant's service. The participant is not eligible for the treatment provided by this paragraph if such notification is provided by the participant later than 60 days after the participant's annuity effective date. This paragraph does not apply to service credited under s. 40.02 (15) or to creditable service as a teacher.
SECTION 9315. Initial applicability; Employee Trust Funds.
(1) RETIREMENT BENEFITS FOR EDUCATIONAL SUPPORT PERSONNEL EMPLOYEES. The treatment of sections 40.22 (2m) (a) and 40.23 (2m) (fm) of the statutes first applies to participants in the Wisconsin Retirement System who are participating employees in the Wisconsin Retirement System on the effective date of this subsection.
(End)
LRB-1292LRB-1292/2
PG&MDK:kjf:ph
2009 - 2010 LEGISLATURE
DOA:......Rhodes, BB0319 - Permitting UW and technical colleges to grant nonresident tuition remission for undocumented aliens
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Education
Higher education
Generally, current law allows a UW System student who has been a bona fide Wisconsin resident for the 12 months preceding the beginning of a semester or session for which the student registers to pay resident, as opposed to nonresident, tuition.
This bill allows an alien who is not a legal permanent resident of the United States to pay resident, as opposed to nonresident, tuition if he or she: 1) graduated from a Wisconsin high school or received a declaration of equivalency of high school graduation from Wisconsin; 2) was continuously present in Wisconsin for at least three years following the first day of attending a Wisconsin high school or immediately preceding receipt of a declaration of equivalency of high school graduation; and 3) enrolls in a UW System institution and provides the institution with an affidavit stating that he or she has filed or will file an application for permanent residency with U.S. Citizenship and Immigration Services as soon as the person is eligible to do so.
The bill also provides that such persons are to be considered residents of this state for purposes of admission to and payment of fees at a technical college.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 36.27 (2) (cr) of the statutes is created to read:
36.27 (2) (cr) A person who is a citizen of a country other than the United States is entitled to the exemption under par. (a) if that person meets all of the following requirements:
1. The person graduated from a high school in this state or received a declaration of equivalency of high school graduation from this state.
2. The person was continuously present in this state for at least 3 years following the first day of attending a high school in this state or immediately preceding receipt of a declaration of equivalency of high school graduation.
3. The person enrolls in an institution and provides that institution with an affidavit stating that the person has filed or will file an application for a permanent resident visa with U.S. Citizenship and Immigration Services as soon as the person is eligible to do so.
SECTION 2. 38.22 (6) (e) of the statutes is created to read:
38.22 (6) (e) Any person who is a citizen of a country other than the United States if that person meets all of the following requirements:
1. The person graduated from a high school in this state or received a declaration of equivalency of high school graduation from this state.
2. The person was continuously present in this state for at least 3 years following the first day of attending a high school in this state or immediately preceding receipt of a declaration of equivalency of high school graduation.
3. The person enrolls in a district school and provides the district board with an affidavit stating that the person has filed or will file an application for a permanent resident visa with U.S. Citizenship and Immigration Services as soon as the person is eligible to do so.
SECTION 9348. Initial applicability; Technical College System.
(1) TUITION EXEMPTION FOR ALIENS. The treatment of section 38.22 (6) (e) of the statutes first applies to persons who enroll for the semester or session following the effective date of this subsection.
SECTION 9354. Initial applicability; University of Wisconsin System.
(1) TUITION EXEMPTION FOR ALIENS. The treatment of section 36.27 (2) (cr) of the statutes first applies to persons who enroll for the semester or session following the effective date of this subsection.
(End)
LRB-1293LRB-1293/4
GMM&JTK:jld&kjf:ph
2009 - 2010 LEGISLATURE
DOA:......Rhodes/Kraus, BB0331 - Supporting WHEG-UW with auxiliary funds
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
education
Higher education
Under current law, the Higher Educational Aids Board (HEAB) awards Wisconsin higher education grants to undergraduates enrolled in nonprofit public institutions of higher education or tribally controlled colleges in this state. This bill funds those grants in fiscal year 2009-10 in part from moneys received by the UW System for auxiliary enterprises, such as dining halls and parking facilities.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.235 (1) (ke) of the statutes is created to read:
20.235 (1) (ke) Wisconsin higher education grants for University of Wisconsin System students; auxiliary enterprises. The amounts in the schedule for the Wisconsin higher education grant program under s. 39.435 for University of Wisconsin System students, except for grants awarded under s. 39.435 (2) or (5). All moneys transferred to this appropriation account from the appropriation account under s. 20.285 (1) (h) shall be credited to this appropriation account. No moneys may be expended or encumbered from this appropriation after June 30, 2010.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 20.235 (1) (ke) of the statutes, as created by 2009 Wisconsin Act .... (this act), is repealed.
SECTION 3. 20.285 (1) (h) of the statutes is amended to read:
20.285 (1) (h) Auxiliary enterprises. Except as provided under subs. (5) (i) and (6) (g), all moneys received by the University of Wisconsin System for or on account of any housing facility, commons, dining halls, cafeteria, student union, athletic activities, stationery stand or bookstore, parking facilities or car fleet, or such other auxiliary enterprise activities as the board designates and including such fee revenues as allocated by the board and including such moneys received under leases entered into previously with nonprofit building corporations as the board designates to be receipts under this paragraph, but not including any moneys received from the sale of real property during the period before July 1, 2007, and the period beginning on October 27, 2007, and ending on June 30, 2009, and the period beginning on the effective date of this paragraph .... [LRB inserts date], to be used for the operation, maintenance, and capital expenditures of activities specified in this paragraph, including the transfer of funds to pars. (kd) and (ke) and to s. 20.235 (1) (ke), and to nonprofit building corporations to be used by the corporations for the retirement of existing indebtedness and such other payments as may be required under existing loan agreements, for optional rental payments in addition to the mandatory rental payments under the leases and subleases in connection with the providing of facilities for such activities, and for grants under ss. 36.25 (14) and 36.34. A separate account shall be maintained for each campus and extension. Upon the request of the extension or any campus within the system, the board of regents may transfer surplus moneys appropriated under this paragraph to the appropriation account under par. (kp). In fiscal year 2009-10, the amount in the schedule under s. 20.235 (1) (ke) shall be transferred from this appropriation account to the appropriation account under s. 20.235 (1) (ke).
****NOTE: This is reconciled s. 20.285 (1) (h). This SECTION has been affected by drafts with the following LRB numbers: LRB-0481/1, LRB-1293/1, and LRB-1771/1.
SECTION 4. 20.285 (1) (h) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
20.285 (1) (h) Auxiliary enterprises. Except as provided under subs. (5) (i) and (6) (g), all moneys received by the University of Wisconsin System for or on account of any housing facility, commons, dining halls, cafeteria, student union, athletic activities, stationery stand or bookstore, parking facilities or car fleet, or such other auxiliary enterprise activities as the board designates and including such fee revenues as allocated by the board and including such moneys received under leases entered into previously with nonprofit building corporations as the board designates to be receipts under this paragraph, but not including any moneys received from the sale of real property during the period beginning on October 27, 2007, and ending on June 30, 2009, and the period beginning on the effective date of this paragraph .... [LRB inserts date], to be used for the operation, maintenance, and capital expenditures of activities specified in this paragraph, including the transfer of funds to pars. (kd) and (ke) and to s. 20.235 (1) (ke), and to nonprofit building corporations to be used by the corporations for the retirement of existing indebtedness and such other payments as may be required under existing loan agreements, for optional rental payments in addition to the mandatory rental payments under the leases and subleases in connection with the providing of facilities for such activities, and for grants under ss. 36.25 (14) and 36.34. A separate account shall be maintained for each campus and extension. Upon the request of the extension or any campus within the system, the board of regents may transfer surplus moneys appropriated under this paragraph to the appropriation account under par. (kp). In fiscal year 2009-10, the amount in the schedule under s. 20.235 (1) (ke) shall be transferred from this appropriation account to the appropriation account under s. 20.235 (1) (ke).
****NOTE: This is reconciled s. 20.285 (1) (h). This SECTION has been affected by drafts with the following LRB numbers: LRB-0481/1, LRB-1293/1, and LRB-1771/1.
SECTION 5. 39.435 (8) of the statutes is amended to read:
39.435 (8) The board shall award grants under this section to University of Wisconsin System students from the appropriation appropriations under s. 20.235 (1) (fe) and (ke).
SECTION 6. 39.435 (8) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
39.435 (8) The board shall award grants under this section to University of Wisconsin System students from the appropriations appropriation under s. 20.235 (1) (fe) and (ke).
SECTION 9423. Effective dates; Higher Educational Aids Board.
(1) WISCONSIN HIGHER EDUCATION GRANTS; AUXILIARY ENTERPRISES. The treatment of sections 20.285 (1) (h) (by SECTION 4) and 39.435 (8) (by SECTION 6) of the statutes and the repeal of section 20.235 (1) (ke) of the statutes take effect on July 1, 2010.
(End)
LRB-1295LRB-1295/5
RCT:cjs:ph
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0320 - Increase tipping fees and change bonding funding source
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Environment
Other environment
