2015 Wisconsin Act 55

55,1382i Section 1382i. 40.02 (25) (a) 5. of the statutes is amended to read:

40.02 (25) (a) 5. Any participating state employee who has been participating under the Wisconsin retirement system for a period of at least 6 months prior to attaining age 70 not including any period of leave of absence without pay and who is on union service leave except the cost for premium payments shall be entirely the responsibility of the state employee on union service leave.

55,1382L Section 1382L. 40.02 (25) (a) 6. of the statutes is amended to read:

40.02 (25) (a) 6. Any participating state employee of the office of district attorney, other than the district attorney, in a county having a population of 500,000 or more who did not elect under s. 978.12 (6) to continue insurance coverage with that county, or who did elect such coverage but has terminated that election under s. 978.12 (6), and who has participated under the retirement system established under chapter 201, laws of 1937, and under the Wisconsin retirement system for a combined and consecutive period, of at least 6 months prior to attainment of age 70, not including any period of leave of absence without pay.

55,1385b Section 1385b. 40.02 (42) (b) of the statutes is amended to read:

40.02 (42) (b) The date on which a participant attains the age of 62 years for a participant who was an elected official or an executive participating employee before January 1, 2017, except as provided in par. (g).

55,1389f Section 1389f. 40.03 (2) (x) of the statutes is created to read:

40.03 (2) (x) 1. May enter into a memorandum of understanding with the commissioner of the opportunity schools and partnership program under subch. IX of ch. 115 to include the commissioner and individuals employed at schools transferred to the program as participating employees and eligible for health care coverage under s. 40.51 (7). For purposes of s. 40.21 (1), a memorandum of understanding under this subdivision shall be considered a resolution adopted by a governing body. The secretary may not enter into the memorandum of understanding under this subdivision if the memorandum of understanding would result in the violation s. 40.015.

2. May enter into a memorandum of understanding with the superintendent of schools of the school district operating under ch. 119 to include individuals employed at schools transferred to the superintendent of schools opportunity schools and partnership program under s. 119.33 as participating employees and eligible for health care coverage under s. 40.51 (7). For purposes of s. 40.21 (1), a memorandum of understanding under this subdivision shall be considered a resolution adopted by a governing body. The secretary may not enter into the memorandum of understanding under this subdivision if the memorandum of understanding would result in the violation s. 40.015.

3. May enter into a memorandum of understanding with the commissioner of the opportunity schools and partnership program under subch. II of ch. 119 to include the commissioner and individuals employed at schools transferred to the program as participating employees and eligible for health care coverage under s. 40.51 (7). For purposes of s. 40.21 (1), a memorandum of understanding under this subdivision shall be considered a resolution adopted by a governing body. The secretary may not enter into a memorandum of understanding under this subdivision if the memorandum of understanding under this subdivision would result in a violation of s. 40.015.

55,1389h Section 1389h. 40.03 (5) (c) of the statutes is amended to read:

40.03 (5) (c) Shall determine the proper rates of premiums and contributions required, or advise as to the appropriateness of premium rates proposed by independent insurers, for each of the benefit plans provided for by this chapter. For the purpose of determining separate required contribution rates for participants under s. 40.05 (1) (a) 1. and 2., and for employers under s. 40.05 (2) (a), the actuary or actuarial firm may recommend, and the board may approve, combining the participant groups under s. 40.05 (1) (a) 1. and 2. if the combination is in the actuarial interest of the fund and would result in administrative efficiency.

55,1389r Section 1389r. 40.03 (6) (L) of the statutes is created to read:

40.03 (6) (L) In consultation with the division of personnel management in the department of administration, annually, by April 1, shall submit any proposed changes to the group health insurance programs under subch. IV, other than programs under ss. 40.51 (7) and 40.55, to the joint committee on employment relations. The group insurance board may not implement any changes in the group health insurance programs unless approved by the joint committee on employment relations. The joint committee on employment relations shall hold a public hearing on the proposed changes. Annually, before May 1, the joint committee on employment relations shall approve, disapprove, or approve with modifications the proposed changes and shall notify the governor of its actions. Within 10 calendar days of the notification under this paragraph, the governor shall approve or reject in its entirety the proposed changes approved by the joint committee on employment relations. A vote of 6 members of the joint committee on employment relations may override any rejection of the governor.

55,1391 Section 1391. 40.05 (4) (ag) 1. of the statutes is amended to read:

40.05 (4) (ag) 1. For insured part-time employees other than employees specified in s. 40.02 (25) (b) 2., including those in project positions as defined in s. 230.27 (1), who are appointed to work less than 1,044 hours per year, an amount determined annually by the director of the office administrator of the division of state employment relations personnel management in the department of administration under par. (ah).

55,1392 Section 1392. 40.05 (4) (ag) 2. of the statutes is amended to read:

40.05 (4) (ag) 2. For eligible employees not specified in subd. 1. and s. 40.02 (25) (b) 2., an amount not more than 88 percent of the average premium cost of plans offered in each tier under s. 40.51 (6), as determined annually by the director administrator of the office division of state employment relations personnel management in the department of administration under par. (ah).

55,1393 Section 1393. 40.05 (4) (ah) 1. of the statutes is amended to read:

40.05 (4) (ah) 1. Annually, the director of the office administrator of the division of state employment relations personnel management in the department of administration shall establish the amount that employees are required to pay for health insurance premiums in accordance with the maximum employer payments under par. (ag).

55,1398 Section 1398. 40.05 (4g) (a) 4. of the statutes is amended to read:

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 of ch. 111 or under rules promulgated by the director of the office administrator of the division of state employment relations personnel management in the department of administration or is eligible for reemployment with the state under s. 321.64 after completion of his or her service in the U.S. armed forces.

55,1398m Section 1398m. 40.05 (5) (a) of the statutes is amended to read:

40.05 (5) (a) For teachers in the unclassified service of the state employed by the board of regents of the university, no contribution if the teacher has less than one year of state creditable service and an amount equal to the gross premium for coverage subject to a 130-day waiting period if the teacher has one year or more of state creditable service.

55,1400 Section 1400. 40.06 (1) (dm) of the statutes is amended to read:

40.06 (1) (dm) Each determination by a department head regarding the classification of a state employee as a protective occupation participant shall be reviewed by the office division of state employment relations personnel management in the department of administration. A state employee's name may not be certified to the fund as a protective occupation participant under par. (d) until the office division of state employment relations personnel management in the department of administration approves the determination.

55,1401 Section 1401. 40.08 (1c) of the statutes is amended to read:

40.08 (1c) Withholding of annuity and certain benefit payments. Notwithstanding sub. (1), any monthly annuity paid under s. 40.23, 40.24, 40.25 (1) or (2), or 40.63 and any benefit paid under s. 40.62 or duty disability payment paid under s. 40.65 is subject to s. 767.75. The board and any member or agent thereof and the department and any employee or agent thereof are immune from civil liability for any act or omission while performing official duties relating to withholding any annuity payment pursuant to s. 767.57.

55,1405d Section 1405d. 40.51 (2) of the statutes is amended to read:

40.51 (2) Except as provided in subs. (10), (10m), (11) and (16), any eligible employee may become covered by group health insurance 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 that first occurs during the 30-day period, or by electing coverage prior to becoming eligible for 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.

55,1406 Section 1406. 40.513 of the statutes is created to read:

40.513 Payment of stipend in lieu of health care coverage for state employees. (1) Subject to sub. (3), a state employee who is eligible to receive health care coverage under s. 40.51 (6) may elect not to receive that coverage and instead be paid an annual stipend equal to $2,000 if all of the following occur:

(a) The employee is eligible for an employer contribution under s. 40.05 (4) (ag).

(b) The employee makes the election on a form provided by the department.

(c) The employee makes the election within 30 days of being hired or during any applicable enrollment period established by the department. If the employee makes the election within 30 days of being hired, the employee may not receive health care coverage under s. 40.51 (6) during the calendar year in which the election is made. If the employee makes the election during any annual applicable enrollment period established by the department, the employee may not receive health care coverage under s. 40.51 (6) during the succeeding calendar year.

(2) A stipend paid to an employee under sub. (1) shall be paid from the appropriation account that would otherwise have been used to pay the employer contribution toward premium payments under s. 40.05 (4) (ag) for that employee. If an employee makes the election within 30 days of being hired, the employer shall prorate the $2,000 stipend according to the remaining number of months in the calendar year in which the election is made.

(3) A state employee may not be paid an annual stipend under sub. (1) if any of the following occurs:

(a) The employee was eligible for an employer contribution under s. 40.05 (4) (ag) during the 2015 calendar year and elected not to receive health care coverage in that calendar year.

(b) The employee's spouse or domestic partner is receiving health care coverage under s. 40.51 (6).

55,1407 Section 1407. 40.515 (1) of the statutes is amended to read:

40.515 (1) In addition to the health care coverage plans offered under s. 40.51 (6), beginning on January 1, 2015, the group insurance board shall offer to all state employees the option of receiving health care coverage through a high-deductible health plan and the establishment of a health savings account. Under this option, each employee shall receive health care coverage through a high-deductible health plan. The state shall make contributions into each employee's health savings account in an amount specified by the director of the office administrator of the division of state employment relations personnel management in the department of administration under s. 40.05 (4) (ah) 4. In designing a high-deductible health plan, the group insurance board shall ensure that the plan may be used in conjunction with a health savings account.

55,1408 Section 1408. 40.52 (3) of the statutes is amended to read:

40.52 (3) The group insurance board, after consulting with the board of regents of the University of Wisconsin System, shall establish the terms of a health insurance plan for graduate assistants, for teaching assistants, and for employees-in-training designated by the board of regents, who are employed on at least a one-third full-time basis and for teachers who are employed on at least a one-third full-time basis by the University of Wisconsin System with an expected duration of employment of at least 6 months but less than one year. Annually, the director of the office administrator of the division of state employment relations personnel management in the department of administration shall establish the amount that the employer is required to pay in premium costs under this subsection.

55,1409m Section 1409m. 40.61 (2) of the statutes is amended to read:

40.61 (2) Except as provided in sub. (4), any eligible employee may become covered by income continuation insurance by electing coverage within 30 days of initial eligibility, 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 that first occurs during the 30-day period, or by electing coverage within 30 60 days of initially becoming eligible for a higher level of employer contribution towards the premium cost to be effective as of the first day of the month following the date the application is received by the employer of eligibility for teachers employed by the university and effective as of the following April 1 for all other employees. Any employee who does not so elect at one of these times, or who subsequently cancels the insurance, may not thereafter become insured unless the employee furnishes evidence of insurability under the terms of the contract, or as otherwise provided by rule for employees under sub. (3), at the employee's own expense or obtains coverage subject to contractual waiting periods if contractual waiting periods are provided for by the contract or by rule for employees under sub. (3). An employee who furnishes satisfactory evidence of insurability under the terms of the contract shall become insured as of the first day of the month following the date of approval of evidence. The method to be used shall be determined by the group insurance board under sub. (1).

55,1412d Section 1412d. 40.65 (2) (a) of the statutes is amended to read:

40.65 (2) (a) This paragraph applies to participants who first apply for benefits before May 3, 1988. Any person desiring a benefit under this section must apply to the department of workforce development, which department shall determine whether the applicant is eligible to receive the benefit and the participant's monthly salary. Appeals from the eligibility decision shall follow the procedures under ss. 102.16 to 102.26. If it is determined that an applicant is eligible, the department of workforce development shall notify the department of employee trust funds and shall certify the applicant's monthly salary. If at the time of application for benefits an applicant is still employed in any capacity by the employer in whose employ the disabling injury occurred or disease was contracted, that continued employment shall not affect that applicant's right to have his or her eligibility to receive those benefits determined in proceedings before the department of workforce development division of hearings and appeals in the department of administration or the labor and industry review commission or in proceedings in the courts. The department of workforce development may promulgate rules needed to administer this paragraph.

55,1413 Section 1413. 40.65 (2) (b) 3. of the statutes is amended to read:

40.65 (2) (b) 3. The department shall determine whether or not the applicant is eligible for benefits under this section on the basis of the evidence in subd. 2. An applicant may appeal a determination under this subdivision to the department of workforce development division of hearings and appeals in the department of administration.

55,1414 Section 1414. 40.65 (2) (b) 4. of the statutes is amended to read:

40.65 (2) (b) 4. In hearing an appeal under subd. 3., the department of workforce development division of hearings and appeals in the department of administration shall follow the procedures under ss. 102.16 to 102.26.

55,1420 Section 1420. 41.11 (6) of the statutes is repealed.

55,1421 Section 1421. 41.16 (1) (a) 1. of the statutes is amended to read:

41.16 (1) (a) 1. A nonprofit organization, as defined in s. 106.13 (4) (3m) (a) 1r., whose purposes include tourism to or within the state or a particular region in the state.

55,1422m Section 1422m. 41.25 of the statutes is created to read:

41.25 Frank Lloyd Wright promotion. (1) In the 2015-17 fiscal biennium, from the appropriation under s. 20.380 (1) (b), the department shall expend $500,000 to promote, advertise, and publicize buildings designed or constructed by Frank Lloyd Wright that are open to the public.

55,1424m Section 1424m. 41.41 (4) (d) of the statutes is created to read:

41.41 (4) (d) Notwithstanding s. 15.03, the department shall process and forward all personnel and biennial budget requests by the board without change except as requested or concurred in by the board.

55,1430 Section 1430. 44.11 of the statutes is repealed and recreated to read:

44.11 Central depository library. (1) In this section, "board" means the board of curators of the historical society.

(2) The board may participate in the formation and maintenance of a nonprofit-sharing corporation sponsored by participating colleges, universities, and libraries for the purpose of providing and operating a central library depository at a location in a midwestern state for the storage of little used books and other library and research materials of participating institutions, and which corporation may also perform any other functions for the benefit of participating institutions, including correlating library catalogs of the participating institutions, coordinating and planning the purchasing by each institution of costly or infrequently used books and research materials in order to avoid unnecessary duplication, and facilitating the loaning of library books and other library and research materials between participating institutions. The board shall possess all powers necessary or convenient to accomplish the foregoing, including the authority to designate representatives or members of such corporation in accordance with its articles and bylaws.

(3) The board may make use of and pay for the use of the facilities and services of such nonprofit-sharing corporation, but the board shall retain title to all books and materials deposited with such corporation for storage or loaned to other participating institutions and the authority of the board to expend funds for the purchase of land, the construction of buildings and additions to buildings and the purchase of equipment for the purpose of providing such facilities shall be limited to funds appropriated under s. 20.245.

55,1439 Section 1439. 45.10 of the statutes is created to read:

45.10 Veteran appearances. The department may reimburse any veteran who incurred travel expenses relating to an appearance that occurred at the request of the state, subject to the following:

(1) A veteran seeking reimbursement shall submit to the department documentation of travel expenses incurred.

(2) Notwithstanding ss. 16.53 (12) (c) and 20.916 (8) and (9), the department may reimburse all documented travel expenses but reimbursement shall not exceed $2,000 annually per veteran.

55,1447m Section 1447m. 45.205 of the statutes is repealed.

55,1453 Section 1453. 45.44 (1) (a) 5. of the statutes is amended to read:

45.44 (1) (a) 5. A license, certification, registration, or permit issued under s. 89.06, 89.072, 94.10 (2), (3), or (3g), 94.50 (2), 94.704, 95.60, 97.17 (2), 97.175 (2), 97.22 (2), 98.145, 98.146, 98.18 (1) (a), or 168.23 (3).

55,1454 Section 1454 . 45.44 (1) (a) 14. of the statutes is amended to read:

45.44 (1) (a) 14. A license, certification, certification card, or permit issued under s. 252.23, 252.24, 254.176, 254.178, 254.20, 254.71, and 256.15.

55,1455 Section 1455 . 45.44 (1) (a) 14. of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

45.44 (1) (a) 14. A license, certification, certification card, or permit issued under s. ss. 97.33, 254.176, 254.178, 254.20, 254.71, and 256.15.

55,1458 Section 1458. 45.51 (2) (a) 3. of the statutes is amended to read:

45.51 (2) (a) 3. A spouse, or surviving spouse, or parent of a person under subd. 1. or 2. or a parent of a person who died while serving in the U.S. armed forces.

55,1458r Section 1458r. 45.58 of the statutes is created to read:

45.58 Grants to local governments. From the appropriation under s. 20.485 (1) (kj), the department may make grants to cities, villages, and towns that provide services to veterans homes.

55,1458rb Section 1458rb. 45.58 of the statutes, as created by 2015 Wisconsin Act .... (this act), is repealed.

55,1459 Section 1459. 45.60 (1) (a) of the statutes is renumbered 45.60 (1) (a) (intro.) and amended to read:

45.60 (1) (a) (intro.) The department shall administer a program to coordinate the provision of military funeral honors in this state to deceased veterans and to deceased persons who have served under honorable conditions in any national guard or in a reserve component of the U.S. armed forces. all of the following:

55,1460 Section 1460. 45.60 (1) (a) 1. of the statutes is created to read:

45.60 (1) (a) 1. Military personnel on active duty.

55,1461 Section 1461. 45.60 (1) (a) 2. of the statutes is created to read:

45.60 (1) (a) 2. Former military members who served on active duty and were discharged under conditions other than dishonorable.

55,1462 Section 1462. 45.60 (1) (a) 3. of the statutes is created to read:

45.60 (1) (a) 3. Members of the selective service.

55,1463 Section 1463. 45.60 (1) (a) 4. of the statutes is created to read:

45.60 (1) (a) 4. Former members of the selected reserve and national guard who served at least one term of enlistment or period of initial obligated service and were discharged under conditions other than dishonorable.

55,1464 Section 1464. 45.60 (1) (a) 5. of the statutes is created to read: