Amendment ASA1-AB40

AB40-ASA1, s. 1098b Section 1098b. 38.24 (7) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,473,7 38.24 (7) (b) (intro.) Except as provided in subds. 1. to 3. and par. (bg), the district board shall grant full remission of fees under sub. (1m) (a) to (c) for 128 credits or 8 semesters, whichever is longer, less the number of credits or semesters for which the person received remission of fees from any other district board under this subsection and from the Board of Regents under s. 36.27 (3n) (b) and less the amount of any fees paid under 38 USC 3319, to any resident student who is also any of the following:

AB40-ASA1, s. 1099b Section 1099b. 38.24 (7) (bg) of the statutes is amended to read:

AB40-ASA1,473,22 38.24 (7) (bg) Before the district board may grant a remission of fees under par. (b), the district board shall require the resident student to apply to the payment of those fees all educational assistance to which the resident student is entitled under 38 USC 3319. If that educational assistance covers 100 percent of those fees for a credit or semester, that credit or semester shall not count against the 128 credit or 8 semester limit provided in par. (b). If that educational assistance covers less than 100 percent of those fees for a credit or semester and the remission under par. (b) covers the remainder of those fees, the credit or semester shall count against that limit in the proportion that the remission bears to the total fees charged for that credit or semester. This requirement applies notwithstanding the fact that the resident student may be entitled to educational assistance under 10 USC 16132a, 10 USC 16163a, or 38 USC 3500 to 3566 as well as under 38 USC 3319, unless the resident student has 12 months or less of eligibility remaining for educational assistance under 10 USC 16132a, 10 USC 16163a, or 38 USC 3500 to 3566.

AB40-ASA1, s. 1099d Section 1099d. 38.24 (7) (c) of the statutes is amended to read:

AB40-ASA1,474,3 38.24 (7) (c) The higher educational aids board shall reimburse the district board for all fees under sub. (1m) (a) to (c) remitted under par. (b) as provided in s. 39.50 (2) and (3m).

AB40-ASA1, s. 1099g Section 1099g. 38.24 (8) (a) (intro.) of the statutes is amended to read:

AB40-ASA1,474,5 38.24 (8) (a) (intro.) In this subsection, "veteran" subsection:

AB40-ASA1,474,10 1r. "Veteran" means a person who is verified by the department of veterans affairs as being a resident of this state for purposes of receiving benefits under ch. 45, as being a resident at the time of his or her entry into the U.S. armed forces or forces incorporated in the U.S. armed forces, and as meeting any of the following conditions:

AB40-ASA1, s. 1099i Section 1099i. 38.24 (8) (a) 1. of the statutes is renumbered 38.24 (8) (a) 1r. a. and amended to read:

AB40-ASA1,474,16 38.24 (8) (a) 1r. a. The person has served on active duty for at least one qualifying term of service under subds. 2. to 4. subd. 1r. b. to d. under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces during a war period or in a crisis zone.

AB40-ASA1, s. 1099k Section 1099k. 38.24 (8) (a) 1g. of the statutes is created to read:

AB40-ASA1,474,18 38.24 (8) (a) 1g. "Fees" has the meaning given in sub. (7) (a) 1p.

AB40-ASA1, s. 1099p Section 1099p. 38.24 (8) (a) 2. of the statutes is renumbered 38.24 (8) (a) 1r. b.

AB40-ASA1, s. 1099r Section 1099r. 38.24 (8) (a) 3. of the statutes is renumbered 38.24 (8) (a) 1r. c.

AB40-ASA1, s. 1099t Section 1099t. 38.24 (8) (a) 4. of the statutes is renumbered 38.24 (8) (a) 1r. d.

AB40-ASA1, s. 1099v Section 1099v. 38.24 (8) (a) 5. of the statutes is renumbered 38.24 (8) (a) 1r. e.

AB40-ASA1, s. 1099y Section 1099y. 38.24 (8) (a) 6. of the statutes is renumbered 38.24 (8) (a) 1r. f.

AB40-ASA1, s. 1100b Section 1100b. 38.24 (8) (b) of the statutes is amended to read:

AB40-ASA1,475,12 38.24 (8) (b) Except as provided in par. (bg), the district board shall grant full remission of the fees charged under sub. (1m) (a) to (c) for 128 credits or 8 semesters, whichever is longer, less the number of credits or semesters for which the person received remission of fees from any other district board under this subsection and from the Board of Regents under s. 36.27 (3p) and less the amount of any fees paid under 10 USC 2107 (c), 38 USC 3104 (a) (7) (A), or 38 USC 3313, to any student who is a veteran.

AB40-ASA1, s. 1101e Section 1101e. 38.24 (8) (bg) of the statutes is amended to read:

AB40-ASA1,476,2 38.24 (8) (bg) Before the district board may grant a remission of fees under par. (b), the district board shall require the student to apply to the payment of those fees all educational assistance to which the student is entitled under 38 USC 3313. If that educational assistance covers 100 percent of those fees for a credit or semester, that credit or semester shall not count against the 128 credit or 8 semester limit provided in par. (b). If that educational assistance covers less than 100 percent of those fees for a credit or semester and the remission under par. (b) covers the remainder of those fees, the credit or semester shall count against that limit in the proportion that the remission bears to the total fees charged for that credit or semester. This requirement applies notwithstanding the fact that the student may be entitled to educational assistance under 10 USC 16131 to 16137, 10 USC 16161 to 16166, or 38 USC 3001 to 3036 as well as under 38 USC 3313, unless the student has 12 months or less of eligibility remaining for educational assistance under 10 USC 16131 to 16137, 10 USC 16161 to 16166, or 38 USC 3001 to 3036.

AB40-ASA1, s. 1101g Section 1101g. 38.24 (8) (c) of the statutes is amended to read:

AB40-ASA1,476,6 38.24 (8) (c) The higher educational aids board shall reimburse the district board for all fees under sub. (1m) (a) to (c) remitted under par. (b) as provided in s. 39.50 (2) and (3m).

AB40-ASA1, s. 1102 Section 1102. 38.26 (1) of the statutes is amended to read:

AB40-ASA1,476,10 38.26 (1) In this section, "minority student" means a student enrolled in a district school who is a minority group member, as defined in s. 560.036 16.287 (1) (f).

AB40-ASA1, s. 1105n Section 1105n. 38.50 (12) (a) 1m. of the statutes is created to read:

AB40-ASA1,476,15 38.50 (12) (a) 1m. A person described in sub. (1) (e) 1. whose administrative headquarters and principal place of business is in the village of Union Grove that provides a residential facility located in that village to assist young adults with disabilities in transitioning from home and school to work and independent living.

AB40-ASA1, s. 1105v Section 1105v. 39.15 (1) (a) of the statutes is amended to read:

AB40-ASA1,476,20 39.15 (1) (a) One-third Two of the members of the board of trustees of the Medical College of Wisconsin, Inc., shall be nominated by the governor, and, with the advice and consent of the senate, appointed for staggered 6-year terms expiring on May 1 June 30.

AB40-ASA1, s. 1112 Section 1112. 39.40 (1) (c) of the statutes is amended to read:

AB40-ASA1,476,22 39.40 (1) (c) A Hispanic, as defined in s. 560.036 16.287 (1) (d).

AB40-ASA1, s. 1119 Section 1119. 39.435 (7) (a) 1. of the statutes is amended to read:

AB40-ASA1,477,2 39.435 (7) (a) 1. For purposes of calculating the amount to be appropriated under s. 20.235 (1) (fe) for fiscal year 2011-12 2013-14, "base amount" means the amount shown in the schedule under s. 20.005 for that appropriation for fiscal year 2010-11 2012-13.

AB40-ASA1, s. 1120 Section 1120. 39.435 (7) (a) 2. of the statutes is amended to read:

AB40-ASA1,477,7 39.435 (7) (a) 2. For purposes of calculating the amount to be appropriated under s. 20.235 (1) (fe) for each fiscal year after fiscal year 2011-12 2013-14, "base amount" means the appropriation amount calculated under par. (b) for the previous fiscal year.

AB40-ASA1, s. 1121 Section 1121. 39.435 (7) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,477,11 39.435 (7) (b) (intro.) Biennially, beginning on February 1, 2011 2013, the board shall calculate the amounts to be appropriated under s. 20.235 (1) (fe) for the next biennium as follows:

AB40-ASA1, s. 1125 Section 1125. 39.437 (1) of the statutes is amended to read:

AB40-ASA1,477,17 39.437 (1) Establishment of grant program. There is established, to be administered by the board, with the assistance of the office of the Wisconsin Covenant Scholars Program in the department of administration as provided in subs. (2) (a) 2., (4), and (5), a Wisconsin Covenant Scholars Program to provide grants to students who meet the eligibility criteria specified in sub. (2).

AB40-ASA1, s. 1126 Section 1126. 39.437 (2) (a) 2. of the statutes is amended to read:

AB40-ASA1,477,21 39.437 (2) (a) 2. The student has been designated as a Wisconsin covenant scholar by the office of the Wisconsin Covenant Scholars Program in the department of administration board.

AB40-ASA1, s. 1127 Section 1127. 39.437 (4) (a) of the statutes is amended to read:

AB40-ASA1,478,11 39.437 (4) (a) By February 1 of each year, the Board of Regents of the University of Wisconsin System shall provide to the office of the Wisconsin Covenant Scholars Program in the department of administration board information relating to the resident undergraduate academic fees charged to attend each of the institutions within that system for the current academic year, the technical college system board shall provide to that office the board information relating to the fees under s. 38.24 (1m) (a) to (c) charged to attend each of the technical colleges within that system for the current academic year, each tribally controlled college in this state shall provide to that office the board information relating to the tuition and fees charged to attend the tribal college for the current academic year, and the Wisconsin Association of Independent Colleges and Universities or a successor organization shall provide to that office the board information relating to tuition and fees charged to attend each of the private, nonprofit, accredited institutions of higher education in this state for the current academic year.

AB40-ASA1, s. 1128 Section 1128. 39.437 (4) (b) of the statutes is amended to read:

AB40-ASA1,478,22 39.437 (4) (b) By April 1 of each year, the office of the Wisconsin Covenant Scholars Program in the department of administration board shall determine the average of the resident undergraduate academic fees charged for the current academic year among the institutions within the University of Wisconsin System, the average of the fees under s. 38.24 (1m) (a) to (c) charged for the current academic year among the technical colleges in this state, the average of the tuition and fees charged for the current academic year among the tribally controlled colleges in this state, and the average of the tuition and fees charged for the current academic year among the private, nonprofit, accredited institutions of higher education in this state.

AB40-ASA1, s. 1129 Section 1129. 39.437 (4) (c) of the statutes is amended to read:

AB40-ASA1,479,3 39.437 (4) (c) To the extent permitted under 20 USC 1232g and 34 CFR part 99, the department of public instruction shall provide pupil information to the office of the Wisconsin Covenant Scholars Program in the department of administration board as necessary for that office to fulfill its role in the administration of the grant program under this section.

AB40-ASA1, s. 1130 Section 1130. 39.437 (5) (intro.) of the statutes is amended to read:

AB40-ASA1,479,6 39.437 (5) Rules. (intro.) The department of administration board shall promulgate rules to implement this section, including all of the following:

AB40-ASA1, s. 1131 Section 1131. 39.437 (5) (c) of the statutes is amended to read:

AB40-ASA1,479,9 39.437 (5) (c) Any other rules the department of administration board considers necessary to assure the uniform administration of this section.

AB40-ASA1, s. 1132 Section 1132. 39.437 (6) of the statutes is created to read:

AB40-ASA1,479,14 39.437 (6) Sunset. No student may enroll in the Wisconsin Covenant Scholars Program after September 30, 2011. After that date, the board may designate a student as a Wisconsin covenant scholar under sub. (2) (a) 2. only if the student enrolled in the Wisconsin Covenant Scholars Program by that date.

AB40-ASA1, s. 1133 Section 1133. 39.44 (1) (a) 3. of the statutes is amended to read:

AB40-ASA1,479,16 39.44 (1) (a) 3. Is a Hispanic, as defined in s. 560.036 16.287 (1) (d).

AB40-ASA1, s. 1134m Section 1134m. 39.50 (1) of the statutes is amended to read:

AB40-ASA1,480,4 39.50 (1) University of Wisconsin System. At the end of each semester, the Board of Regents of the University of Wisconsin System shall certify to the board the number of students enrolled in the University of Wisconsin System to whom any fees or nonresident tuition has been remitted under s. 36.27 (3n) or (3p), the number of credits for which those fees or that nonresident tuition has been remitted, and the amount of fees and nonresident tuition remitted. Subject to sub. (3m), if the board approves the information certified under this subsection, the board, from the appropriation account under s. 20.235 (1) (fz), shall reimburse the board of regents for the full amount of fees and nonresident tuition remitted. The board of regents shall credit any amounts received under this subsection to the appropriation under s. 20.285 (1) (k) and shall expend those amounts received for degree credit instruction.

AB40-ASA1, s. 1139 Section 1139. 40.02 (25) (b) 2c. of the statutes is amended to read:

AB40-ASA1,480,6 40.02 (25) (b) 2c. A state employee described in s. 49.825 (4) or (5) or 49.826 (4).

AB40-ASA1, s. 1139m Section 1139m. 40.02 (28) of the statutes is amended to read:

AB40-ASA1,480,17 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, 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, a transit authority created under s. 66.1039, and a long-term care district created under s. 46.2895, except as provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local cultural arts district created under subch. V of ch. 229. Each employer shall be a separate legal jurisdiction for OASDHI purposes.

AB40-ASA1, s. 1139mb Section 1139mb. 40.02 (30) of the statutes is amended to read:

AB40-ASA1,481,4 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), (8), or (9) or authorized under s. 230.08 (2) (e) during the time of employment, and also includes the president and vice presidents of the University of Wisconsin System and the chancellors and vice chancellors who are serving as deputies of all University of Wisconsin institutions, the University of Wisconsin Colleges, and the University of Wisconsin-Extension. 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.

AB40-ASA1, s. 1139r Section 1139r. 40.02 (41n) of the statutes is created to read:

AB40-ASA1,481,6 40.02 (41n) "Municipal employer" has the meaning given in s. 111.70 (1) (j).

AB40-ASA1, s. 1140 Section 1140. 40.02 (48) (am) 22. of the statutes is amended to read:

AB40-ASA1,481,9 40.02 (48) (am) 22. A person employed under s. 60.553 (1), 61.66 (1), or 62.13 (2e) (a).

AB40-ASA1, s. 1141 Section 1141. 40.02 (48) (c) of the statutes is amended to read:

AB40-ASA1,481,22 40.02 (48) (c) In s. 40.65, "protective occupation participant" means a participating employee who is a police officer, fire fighter, an individual determined by a participating employer under par. (a) or (bm) to be a protective occupation participant, county undersheriff, deputy sheriff, state probation and parole officer, county traffic police officer, conservation warden, state forest ranger, field conservation employee of the department of natural resources who is subject to call for forest fire control or warden duty, member of the state traffic patrol, state motor vehicle inspector, University of Wisconsin System full-time police officer, guard or any other employee whose principal duties are supervision and discipline of inmates at a state penal institution, excise tax investigator employed by the department of revenue, person employed under s. 60.553 (1), 61.66 (1), or 62.13 (2e) (a), or special criminal investigation agent employed by the department of justice.

AB40-ASA1, s. 1144 Section 1144. 40.03 (6) (h) (intro.) and 2. of the statutes are consolidated, renumbered 40.03 (6) (h) and amended to read:

AB40-ASA1,482,4 40.03 (6) (h) Shall, on behalf of the state, offer as provided in s. 40.55 long-term care insurance policies, subject to the following conditions: 2. For purposes of this section, the offering by the state of long-term health insurance policies shall constitute a group insurance plan under par. (a) 1.

AB40-ASA1, s. 1145 Section 1145. 40.03 (6) (h) 1. of the statutes is repealed.

AB40-ASA1, s. 1145m Section 1145m. 40.05 (1) (b) of the statutes, as affected by 2011 Wisconsin Act 10, is renumbered 40.05 (1) (b) 1. and amended to read:

AB40-ASA1,482,11 40.05 (1) (b) 1. Except as otherwise provided in a collective bargaining agreement entered into under subch. IV or V of ch. 111 and except as provided in subd. 2., an employer may not pay, on behalf of a participating employee, any of the contributions required by par. (a).

AB40-ASA1, s. 1145p Section 1145p. 40.05 (1) (b) 2. of the statutes is created to read:

AB40-ASA1,482,19 40.05 (1) (b) 2. a. A municipal employer shall pay, on behalf of a nonrepresented law enforcement or fire fighting managerial employee, who was initially employed by the municipal employer before the effective date of this subd. 2. a. .... [LRB inserts date], the same contributions required by par. (a) that are paid by the municipal employer for represented law enforcement or fire fighting personnel who were initially employed by the municipal employer before the effective date of this subd. 2. a. .... [LRB inserts date].

AB40-ASA1,483,2 b. An employer shall pay, on behalf of a nonrepresented managerial employee in a position described under s. 40.02 (48) (am) 7. or 8., who was initially employed by the state before the effective date of this subd. 2. b. .... [LRB inserts date], in a position described under s. 40.02 (48) (am) 7. or 8. the same contributions required by par. (a) that are paid by the employer for represented employees in positions described under s. 40.02 (48) (am) 7. or 8. who were initially employed by the state before the effective date of this subd. 2. b. .... [LRB inserts date].

AB40-ASA1,483,13 c. A municipal employer shall pay, on behalf of a represented law enforcement or fire fighting employee, who was initially employed by the municipal employer before the effective date of this subd. 2. c. .... [LRB inserts date], and who on or after the effective date of this subd. 2. c. .... [LRB inserts date], became employed in a nonrepresented law enforcement or fire fighting managerial position with the same municipal employer, or a successor municipal employer in the event of a combined department that is created on or after the effective date of this subd. 2. c. .... [LRB inserts date], the same contributions required by par. (a) that are paid by the employer for represented law enforcement or fire fighting personnel who were initially employed by a municipal employer before the effective date of this subd. 2. c. .... [LRB inserts date].

AB40-ASA1, s. 1145s Section 1145s. 40.05 (4) (at) of the statutes is created to read:

AB40-ASA1,483,21 40.05 (4) (at) An employer shall pay, on behalf of a nonrepresented managerial employee in a position described under s. 40.02 (48) (am) 7. or 8., who was initially employed by the state before the effective date of this paragraph .... [LRB inserts date], the same premium contribution rates required by par. (ag) that are paid by the employer for represented employees in positions described under s. 40.02 (48) (am) 7. or 8. who were initially employed by the state before the effective date of this paragraph .... [LRB inserts date].

AB40-ASA1, s. 1146 Section 1146. 40.05 (4) (b) of the statutes is amended to read:

AB40-ASA1,485,5 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, 238.04 (8), and 757.02 (5) and subch. I, 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).

AB40-ASA1, s. 1147 Section 1147. 40.05 (4) (bm) of the statutes is amended to read:

AB40-ASA1,485,20 40.05 (4) (bm) Except as provided under par. (bp), accumulated unused sick leave under ss. 36.30 and 230.35 (2) or, 233.10, or 238.04 (8) of any eligible employee shall, upon request of the employee at the time the employee is subject to layoff under s. 40.02 (40), 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. 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 amount of the required employee contribution for any eligible employee who is insured at the time of the layoff shall be deducted from the credits until the credits are exhausted, the employee is reemployed, or 5 years have elapsed from the date of layoff, whichever occurs first.

AB40-ASA1, s. 1153 Section 1153. 40.05 (5) (b) 4. of the statutes is amended to read:

AB40-ASA1,485,24 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, 238.04 (8), and 757.02 (5) and subch. I, V, or VI of ch. 111.

AB40-ASA1, s. 1153d Section 1153d. 40.22 (2) (a) of the statutes is amended to read:

AB40-ASA1,486,4 40.22 (2) (a) Except as provided in sub. (2m), the employee was initially employed by a participating employer before the effective date of this paragraph .... [LRB inserts date], and is not expected to work at least one-third of what is considered full-time employment by the department, as determined by rule.