1997 Wisconsin Act 237

237,82t Section 82t. 36.12 (3) (a) of the statutes is amended to read:

36.12 (3) (a) The number of complaints received at each institution and center alleging a violation of sub. (1) and the disposition of each such complaint.

237,82u Section 82u. 36.17 (2) of the statutes is amended to read:

36.17 (2) Limited appointments apply to the following positions: president, provost, vice president, associate vice president, assistant vice president, chancellor, vice chancellor, associate chancellor, assistant chancellor, associate vice chancellor, assistant vice chancellor, center system college campus dean, secretary of the board, associate secretary of the board, assistant secretary of the board, trust officer and assistant trust officer and such other administrative positions as the board determines at the time of the appointment.

237,82v Section 82v. 36.25 (26) of the statutes is amended to read:

36.25 (26) Day care centers. A center college campus may establish a day care center and may use funds received from the appropriation under s. 20.285 (1) (a) to operate it.

237,82wg Section 82wg. 36.27 (2) (a) 1. to 6. of the statutes are amended to read:

36.27 (2) (a) 1. Any adult student who has been a bona fide resident of the state for 12 months next preceding the beginning of any semester or session for which such student registers at a university or center an institution.

2. Any minor student, if one or both of the student's parents have been bona fide residents of this state for at least 12 months next preceding the beginning of any semester or session for which the student registers at a university or center an institution.

3. Any adult student who is a dependent of his or her parents under 26 USC 152 (a), if one or both of the student's parents have been bona fide residents of this state for at least 12 months next preceding the beginning of any semester or session for which the student registers at a university or center an institution.

4. Any minor student who has resided substantially in this state during the years of minority and at least 12 months next preceding the beginning of any semester or session for which such student registers at a university or center an institution.

5. Any minor student under guardianship in this state pursuant to ch. 48 or 880 whose legal guardian has been a bona fide resident of this state for at least 12 months next preceding the beginning of any semester or session for which such student registers at a university or center an institution.

6. Any adult student who has been employed as a migrant worker for at least 2 months each year for 3 of the 5 years next preceding the beginning of any semester or session for which the student registers at a university or center an institution, or for at least 3 months each year for 2 of the 5 years next preceding the beginning of any semester or session for which the student registers at a university or center an institution, any adult student whose parent or legal guardian has been so employed while the student was a minor and any minor student whose parent or legal guardian has been so employed. In this subdivision, “migrant worker" has the meaning specified in s. 103.90 (5).

237,82wr Section 82wr. 36.27 (2) (c) of the statutes is amended to read:

36.27 (2) (c) Any student who is a graduate of a Wisconsin high school and whose parents are bona fide residents of this state for 12 months next preceding the beginning of any semester or session for which the student registers at a university or center an institution or whose last surviving parent was a bona fide resident of this state for the 12 months preceding death is entitled to the exemption under par. (a).

237,82xe Section 82xe. 36.27 (2) (cm) of the statutes is amended to read:

36.27 (2) (cm) Any person continuously employed full time in this state, who was relocated to this state by his or her current employer or who moved to this state for employment purposes and accepted his or her current employment before applying for admission to an institution or center and before moving, and the spouse and dependents of any such person, are entitled to the exemption under par. (a) if the student demonstrates an intent to establish and maintain a permanent home in Wisconsin according to the criteria under par. (e). In this paragraph, “dependents" has the meaning given in 26 USC 152 (a).

237,82xm Section 82xm. 36.27 (2) (d) of the statutes is amended to read:

36.27 (2) (d) Any person who has not been a bona fide resident of the state for 12 months next preceding the beginning of any semester or session for which such person registers at a university or center an institution, except as provided in this subsection, is not exempt from the payment of the nonresident tuition.

237,82xn Section 82xn. 36.30 of the statutes is amended to read:

36.30 Sick leave. Leave of absence for persons holding positions under s. 20.923 (4g) and (5), faculty and academic staff personnel with pay, owing to sickness, shall be regulated by rules of the board, except that unused sick leave shall accumulate from year to year.

237,82xp Section 82xp. 36.43 (4) of the statutes is amended to read:

36.43 (4) A procedure for handling and resolving complaints within each center and institution.

237,82xs Section 82xs. 36.46 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

36.46 (1) (a) The board may not accumulate any auxiliary reserve funds from student fees for any institution, or for the centers in aggregate, in an amount that exceeds an amount equal to 15% of the previous fiscal year's total revenues from student segregated fees and auxiliary operations funded from student fees for that institution, or for the centers in aggregate, unless the reserve funds are approved by the secretary of administration and the joint committee on finance under this subsection. A request by the board for such approval for any fiscal year shall be filed by the board with the secretary of administration and the cochairpersons of the joint committee on finance no later than September 15 of that fiscal year. The request shall include a plan specifying the amount of reserve funds the board wishes to accumulate and the purposes to which the reserve funds would be applied, if approved. Within 14 working days of receipt of the request, the secretary of administration shall notify the cochairpersons of the joint committee on finance in writing of whether the secretary proposes to approve the reserve fund accumulation.

237,82ye Section 82ye. 36.51 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

36.51 (2) Any center college campus or institution approved by the board may establish a system to provide the opportunity for authorized elderly persons to participate in its meal program. If a center college campus or institution desires to establish such a service, it shall develop a plan for the provision of food services for elderly persons and submit the plan to the board. Annually, the board shall notify the department of public instruction of the approved centers college campuses and institutions.

237,82ym Section 82ym. 36.51 (3) of the statutes is amended to read:

36.51 (3) Each plan shall provide at least one meal per day for each day that school is in regular session. The center college campus or institution may provide additional service at other times in its discretion, if the number of eligible persons in the area is of sufficient size, in the opinion of the board, so that unwarranted production expense is not incurred.

237,82ys Section 82ys. 36.51 (4) of the statutes is amended to read:

36.51 (4) Any center college campus or institution that operates a food services plan for elderly persons under this section shall make facilities available for service to elderly persons at every facility that provides hot food service to its students. Upon application, the board may grant exceptions from compliance with this subsection for reasons of safety, convenience or insufficient interest in a given neighborhood.

237,82ze Section 82ze. 36.51 (5) of the statutes is amended to read:

36.51 (5) Meals may be served at schools where they are served to students or at any site more convenient to the majority of authorized elderly persons interested in the service. Food may be transported to authorized elderly persons who are unable to leave their homes or distributed to nonprofit organizations for such purposes. However, no state funds under this section may be used for food delivery to individual homes. The board may require consolidation of programs between centers college campuses and institutions and between schools if such a procedure will be convenient and economical.

237,82zm Section 82zm. 36.51 (6) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

36.51 (6) The center college campus or institution may file a claim with the department of public instruction for reimbursement for reasonable expenses incurred, excluding capital equipment costs, but not to exceed 15% of the cost of the meal or 50 cents per meal, whichever is less. Any cost in excess of the lesser amount may be charged to participants. If the department of public instruction approves the claim, it shall certify that payment is due and the state treasurer shall pay the claim from the appropriation under s. 20.255 (2) (cn).

237,82zp Section 82zp. 36.51 (7) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

36.51 (7) All meals served must meet the approval of the board, which shall establish minimum nutritional standards and reasonable expenditure limits consistent with the standards and limits established by the state superintendent of public instruction under s. 115.345 (6). The board shall give special consideration to the dietary problems of elderly persons in formulating a nutritional plan. However, no center college campus or institution may be required to provide special foods for individual persons with allergies or medical disorders.

237,82zs Section 82zs. 36.51 (8) of the statutes is amended to read:

36.51 (8) Participants in a program under this section may be required to document their Wisconsin residency in a manner approved by the board. The board may issue identification cards to such persons if necessary. A center college campus or institution may admit nonresidents who would otherwise qualify into its program, but no state funds under this section may be used to subsidize any portion of the meals served to such persons.

237,82zt Section 82zt. 36.54 (2) (f) of the statutes is created to read:

36.54 (2) (f) The environmental education board may use up to 5% of the amount appropriated under s. 20.285 (1) (rc) to administer the grants under this subsection.

237,82zw Section 82zw. 38.12 (8) (b) of the statutes is amended to read:

38.12 (8) (b) The district boards shall actively coordinate, with the institutions and centers within the university of Wisconsin system, the sharing of programs and facilities, including the collegiate transfer program, adult education and evening courses and part-time student and associate degree programs, in order to reduce the duplication of such programs and facilities.

237,83b Section 83b. 38.28 (1m) (a) 2. of the statutes is amended to read:

38.28 (1m) (a) 2. “District aidable cost" for any district that does not have an institution or center college campus located in the district does not include costs associated with the collegiate transfer program at the district school. In this subdivision, “institution" and “center “college campus" have the meanings specified under s. 36.05.

237,83d Section 83d. 38.28 (2) (b) 2. of the statutes is amended to read:

38.28 (2) (b) 2. The most current equalized values certified by the department of revenue shall be used in aid determinations. Equalized values shall include the full value of computers that are exempt under s. 70.11 (39) as determined under s. 79.095 (3).

237,83f Section 83f. 38.28 (4) of the statutes is amended to read:

38.28 (4) From the appropriation under s. 20.292 (1) (dm), the board shall annually pay to any district that does not have an institution or center college campus located within the district an amount equal to that portion of the instructional costs of the district's collegiate transfer program not supported by fees and tuition that is equal to the state support of similar programs in the university of Wisconsin system, as determined by the board. In this subsection, “institution" and “center “ college campus" have the meanings specified under s. 36.05.

237,83no Section 83no. 39.41 (2) (a) of the statutes is amended to read:

39.41 (2) (a) If a designated scholar under sub. (1m) is admitted to and enrolls, on a full-time basis, by September 30 of the academic year immediately following the school year in which the senior was designated a scholar, in a center or an institution within the university of Wisconsin system or in a technical college district school that is participating in the program under this section, the scholar shall receive a higher education scholarship that exempts the scholar from all tuition and fees, including segregated fees, at the center, institution or district school for one year, except that the maximum scholarship for a scholar who receives an original scholarship for the 1996-97 academic year or for any academic year thereafter may not exceed $2,250 per academic year.

237,83p Section 83p. 39.41 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 109, is amended to read:

39.41 (2) (b) For each year that a scholar who receives a scholarship under par. (a) is enrolled full time, maintains at least a 3.000 grade point average, or the equivalent as determined by the center, institution or district school, and makes satisfactory progress toward an associate or a bachelor's degree, the student shall be exempt from all tuition and fees, including segregated fees, in the subsequent year, except that the maximum scholarship for a scholar who receives an original scholarship for the 1996-97 academic year or for any academic year thereafter may not exceed $2,250 per academic year. No scholar is eligible for an exemption for more than 4 years at a center or institution in the University of Wisconsin System or more than 3 years at a district school.

237,83q Section 83q. 39.41 (2) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

39.41 (2) (c) Subject to sub. (4), for each year the student is exempt from tuition and fees under par. (a) or (b), the board shall pay the center, institution or district school, on behalf of the student, an amount equal to 50% of the student's tuition and fees, except that the maximum payment for a student who receives an original scholarship for the 1996-97 academic year or for any academic year thereafter may not exceed $1,125 per academic year.

237,83s Section 83s. 39.41 (4) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

39.41 (4) (a) The board shall make the payments under subs. (2) (c) and (3) only if the center, institution, district school or private institution matches the amount of the payment from institutional funds, gifts or grants. Beginning in the 1992-93 school year, the matching requirement under this paragraph for the centers and institutions within the university of Wisconsin system shall be satisfied by payments of an amount equal to the total payments from the centers and institutions made under this paragraph in the 1991-92 school year and, if such payments are insufficient to satisfy the matching requirement, by the waiver of academic fees established under s. 36.27.

237,83w Section 83w. 39.41 (5) (a) 1. of the statutes, as affected by 1997 Wisconsin Act 109, is amended to read:

39.41 (5) (a) 1. Each center or institution within the university of Wisconsin system, technical college district school and private institution of higher education that wishes to participate in the scholarship program under this section in academic year 1999-2000 and thereafter shall notify the board by October 1, 1998, that the institution wishes to participate.

237,83x Section 83x. 40.02 (17) (m) of the statutes is created to read:

40.02 (17) (m) Notwithstanding par. (d), each participant who is a state probation and parole officer on or after the effective date of this paragraph .... [revisor inserts date], shall be granted creditable service as a protective occupation participant for all covered service as a state probation and parole officer that was earned on or after the effective date of this paragraph .... [revisor inserts date], but may not be granted creditable service as a protective occupation participant for any covered service as a state probation and parole officer that was earned before the effective date of this paragraph .... [revisor inserts date], unless that service was earned while the participant was classified under sub. (48) (a) and s. 40.06 (1) (d) as a protective occupation participant.

237,83xem Section 83xem. 40.02 (30) of the statutes is amended to read:

40.02 (30) “Executive participating employe" means a participating employe in a position designated under s. 19.42 (10) (L) or 20.923 (4), (4g), (4m), (8) or (9) or authorized under s. 230.08 (2) (e) during the time of employment. All service credited prior to May 17, 1988, as executive service as defined under s. 40.02 (31), 1985 stats., shall continue to be treated as executive service as defined under s. 40.02 (31), 1985 stats., but no other service rendered prior to May 17, 1988, may be changed to executive service as defined under s. 40.02 (31), 1985 stats.

237,83xg Section 83xg. 40.02 (48) (am) of the statutes is amended to read:

40.02 (48) (am) “Protective occupation participant" includes any participant whose name is certified to the fund as provided in s. 40.06 (1) (d) and (dm) and who is a conservation warden, conservation patrol boat captain, conservation patrol boat engineer, conservation pilot, conservation patrol officer, forest fire control assistant, member of the state patrol, state motor vehicle inspector, police officer, fire fighter, sheriff, undersheriff, deputy sheriff, state probation and parole officer, county traffic police officer, state forest ranger, fire watcher employed by the Wisconsin veterans home, state correctional-psychiatric officer, excise tax investigator employed by the department of revenue, special criminal investigation agent in the department of justice, assistant or deputy fire marshal, or person employed under s. 61.66 (1).

237,83xm Section 83xm. 40.02 (48) (c) of the statutes is amended to read:

40.02 (48) (c) In s. 40.65, “protective occupation participant" means a participating employe 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 employe 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 employe 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. 61.66 (1), or special criminal investigation agent employed by the department of justice.

237,83y Section 83y. 40.02 (57) of the statutes is amended to read:

40.02 (57) “University" means any college, school or department under the control and management of the board of regents of the university of Wisconsin system under ch. 36.

237,84 Section 84 . 40.08 (1) of the statutes is amended to read:

40.08 (1) Exemptions. The benefits payable to, or other rights and interests of, any member, beneficiary or distributee of any estate under any of the benefit plans administered by the department, including insurance payments, shall be exempt from any tax levied by the state or any subdivision of the state and shall not be assignable, either in law or equity, or be subject to execution, levy, attachment, garnishment or other legal process except as specifically provided in this section; except that, notwithstanding s. 40.01 (2), the department of revenue may attach benefit payments to satisfy delinquent tax obligations. The board and any member or agent thereof and the department and any employe or agent thereof are immune from civil liability for any act or omission while performing official duties relating to withholding any annuity payment under this subsection. The exemption from taxation under this section shall not apply with respect to any tax on income.

237,85 Section 85 . 40.25 (6) (a) 5. of the statutes is repealed.

237,86 Section 86 . 40.25 (7) (g) of the statutes is repealed and recreated to read:

40.25 (7) (g) The crediting of any service under this subsection is subject to any applicable requirements under section 415 of the Internal Revenue Code.

237,87 Section 87 . 40.31 (1) of the statutes is repealed and recreated to read:

40.31 (1) General limitation. The maximum retirement benefits payable to a participant in a calendar year, excluding benefits attributable to contributions subject to any limitations under s. 40.23 (2) (a), (2m) (c) and (3), may not exceed the maximum benefit limitation established under section 415 (b) of the Internal Revenue Code.

237,88 Section 88 . 40.31 (2) of the statutes is repealed.

237,89 Section 89 . 40.32 (1) of the statutes is repealed and recreated to read:

40.32 (1) The sum of all contributions allocated to a participant's account under each defined contribution plan sponsored by the employer, including all employer contributions and picked-up contributions credited with interest at the effective rate under ss. 40.04 (4) (a) and (5) (b) and 40.05 (2) (g) and all employe contributions made under ss. 40.02 (17) and 40.05 (1) and (2m), may not in any calendar year exceed the maximum contribution limitation established under section 415 (c) of the Internal Revenue Code.

237,90 Section 90 . 40.32 (3) of the statutes is amended to read:

40.32 (3) Any contribution that the department receives, which is allocated to the account of a participant and which exceeds the contributions limitation under this section, may be refunded or credited as provided in s. 40.08 (6). If the department refunds any contributions that exceed the limitation under this section, the department shall first refund amounts voluntarily contributed by a participating employe, either as an additional contribution under s. 40.05 (1) (a) 5. or a purchase of forfeited or creditable service under s. 40.02 (17) or 40.25 (6) (a) or (7) (a).

237,90b Section 90b. 40.51 (8) of the statutes, as affected by 1997 Wisconsin Act 155, is amended to read:

40.51 (8) Every health care coverage plan offered by the state under sub. (6) shall comply with ss. 631.89, 631.90, 631.93 (2), 632.72 (2), 632.746 (1) to (8) and (10), 632.747, 632.748, 632.85, 632.853, 632.855, 632.87 (3) to (5), 632.895 (5m) and (8) to (13) and 632.896.

237,90bm Section 90bm. 40.51 (8m) of the statutes, as affected by 1997 Wisconsin Act 155, is amended to read:

40.51 (8m) Every health care coverage plan offered by the group insurance board under sub. (7) shall comply with ss. 632.746 (1) to (8) and (10), 632.747, 632.748, 632.85, 632.853, 632.855 and 632.895 (11) to (13).

237,90bp Section 90bp. 40.51 (12) of the statutes is repealed and recreated to read:

40.51 (12) Every managed care plan, as defined in s. 609.01 (3c), and every limited service health organization, as defined in s. 609.01 (3), that is offered by the state under sub. (6) shall comply with ch. 609.

237,90bq Section 90bq. 40.51 (13) of the statutes is created to read:

40.51 (13) Every managed care plan, as defined in s. 609.01 (3c), and every limited service health organization, as defined in s. 609.01 (3), that is offered by the group insurance board under sub. (7) shall comply with ch. 609.