2001 Wisconsin Act 16

16,1391 Section 1391. 40.02 (54) (i) of the statutes is created to read:

40.02 (54) (i) The Fox River Navigational System Authority.

16,1391h Section 1391h. 40.03 (2) (it) of the statutes is created to read:

40.03 (2) (it) Shall promulgate, with the approval of the private employer health care coverage board, all rules required for the administration of the private employer health care coverage program established under subch. X.

16,1392 Section 1392. 40.03 (2) (v) of the statutes is created to read:

40.03 (2) (v) May settle any dispute in an appeal of a determination made by the department that is subject to review under sub. (1) (j), (6) (i), (7) (f), or (8) (f), or s. 40.80 (2g), but only with the approval of the board having the authority to accept the appeal. In deciding whether to settle such a dispute, the secretary shall consider the cost of litigation, the likelihood of success on the merits, the cost of delay in resolving the dispute, the actuarial impact on the trust fund, and any other relevant factor the secretary considers appropriate. Any moneys paid by the department to settle a dispute under this paragraph shall be paid from the appropriation account under s. 20.515 (1) (r).

16,1393 Section 1393. 40.03 (2) (w) of the statutes is created to read:

40.03 (2) (w) If the secretary determines that an otherwise eligible participant has unintentionally forfeited or otherwise involuntarily ceased to be eligible for any benefit provided under this chapter principally because of an error in administration by the department, may order the correction of the error to prevent inequity. A decision under this paragraph is not subject to review. The secretary shall submit a quarterly report to the employee trust funds board on decisions made under this paragraph.

16,1396 Section 1396. 40.04 (9m) (a) of the statutes is amended to read:

40.04 (9m) (a) Maintain a separate account in the fund for the each employee-funded reimbursement account plan authorized under subch. VIII.

16,1397 Section 1397. 40.04 (9m) (b) of the statutes is amended to read:

40.04 (9m) (b) Credit to the account appropriate accounts established under par. (a) money received from employees in connection with the each employee-funded reimbursement account plan and income from investment of the reserves in the account.

16,1398 Section 1398. 40.04 (9m) (c) of the statutes is amended to read:

40.04 (9m) (c) Charge to the account appropriate accounts established under par. (a) payments made to reimburse employee-funded reimbursement account plan providers for payments made to employees under the each employee-funded reimbursement account plan under subch. VIII.

16,1398m Section 1398m. 40.04 (10) of the statutes is amended to read:

40.04 (10) An accumulated sick leave conversion account shall be maintained within the fund, to which shall be credited all money received under s. 40.05 (4) (b), (bc), (bf), (bm), (br), and (bw) for health insurance premiums, as dividends or premium credits arising from the operation of health insurance plans and from investment income on any reserves established in the fund for health insurance purposes for retired employees and their surviving dependents. Premium payments to health insurers authorized in s. 40.05 (4) (b), (bc), (bf), (bm), and (bw) shall be charged to this account. The department shall separately account for premium payments authorized under s. 40.05 (4) (bf) for purposes of reimbursement from the appropriation under s. 20.515 (1) (b). This subsection does not prohibit the direct payment of premiums to insurers when appropriate administrative procedures have been established for direct payments.

16,1398s Section 1398s. 40.05 (4) (b) of the statutes is amended to read:

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 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 current basic pay rate, 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. Except as provided in par. (bd), upon 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 for any period of time, 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 last day of the 2nd month after 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).

16,1398t Section 1398t. 40.05 (4) (bd) of the statutes is repealed.

16,1398u Section 1398u. 40.05 (4) (be) of the statutes is repealed and recreated to read:

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).

16,1398w Section 1398w. 40.21 (3m) of the statutes is created to read:

40.21 (3m) A city-county health department that is established under s. 251.02 (1m), that is subject to s. 251.02 (1r), and that is not otherwise a participating employer, is a participating employer with respect to its employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. IV of ch. 111 and is not required to adopt a resolution electing to participate in the Wisconsin retirement system or provide notice of such election to the department under sub. (1).

16,1398wm Section 1398wm. 40.51 (12) of the statutes is amended to read:

40.51 (12) Every managed care defined network plan, as defined in s. 609.01 (3c) (1b), 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.

16,1398y Section 1398y. 40.51 (13) of the statutes is amended to read:

40.51 (13) Every managed care defined network plan, as defined in s. 609.01 (3c) (1b), 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.

16,1398ym Section 1398ym. 40.65 (4w) of the statutes is created to read:

40.65 (4w) A state forest ranger who becomes a protective occupation participant on or after the effective date of this subsection .... [revisor inserts date], is not entitled to a duty disability benefit under this section for an injury or disease occurring before the effective date of this subsection .... [revisor inserts date].

16,1399 Section 1399. 40.85 (2) (g) of the statutes is amended to read:

40.85 (2) (g) Deposit into the account appropriate accounts established under s. 40.04 (9m) (a) that part of an employee's gross compensation that the employee wants placed in an each employee-funded reimbursement account.

16,1400 Section 1400. 40.86 (4) of the statutes is created to read:

40.86 (4) Transportation expenses authorized under section 132 of the Internal Revenue Code.

16,1400b Section 1400b. 40.98 (1) (bm) of the statutes is created to read:

40.98 (1) (bm) "Eligible employee" has the meaning given in s. 632.745 (5) (a).

16,1400c Section 1400c. 40.98 (1) (d) of the statutes is amended to read:

40.98 (1) (d) "Employer" means any person doing business or operating an organization in this state and employing at least 2 eligible employees, except that for a person operating a farm business the person must employ at least one eligible employee. "Employer" does not include an employer as defined in s. 40.02 (28).

16,1400d Section 1400d. 40.98 (2) (a) 3. of the statutes is amended to read:

40.98 (2) (a) 3. The administrator selected under subd. 2., or the department if no administrator has been selected under subd. 2., shall enter into contracts with insurers who are to provide health care coverage under the health care coverage program.

16,1400e Section 1400e. 40.98 (2) (a) 4. of the statutes is amended to read:

40.98 (2) (a) 4. The department or the administrator selected under subd. 2. shall solicit and accept bids and shall enter into a contract for marketing the health care coverage program.

16,1400em Section 1400em. 40.98 (2) (a) 5. of the statutes is amended to read:

40.98 (2) (a) 5. The department or the administrator selected under subd. 2. shall maintain a toll-free telephone number to provide information on the health care coverage program.

16,1400f Section 1400f. 40.98 (2) (d) of the statutes is amended to read:

40.98 (2) (d) All insurance rates for health care coverage under the program shall be published annually in a single publication that is made available to employers and employees in a manner determined by the board. Rates that apply to coverage for small employers, as defined in s. 635.02 (7), shall be published at least annually, as required in s. 635.12. The rates may be listed by county or by any other regional factor that the board considers appropriate. Annually, the board shall submit a report to the appropriate standing committees under s. 13.172 (3) specifying the average insurance rate for health care coverage under the program by county or by any other regional factor the board considers appropriate.

16,1400g Section 1400g. 40.98 (3) (a) of the statutes is amended to read:

40.98 (3) (a) Offer health care coverage under one or more plans to all of its permanent eligible employees who have a normal work week of 30 or more hours and, if permitted by any plan offered by an insurer under the health care coverage program, may offer health care coverage under one or more plans such a plan to any of its other employees.

16,1400h Section 1400h. 40.98 (3) (b) of the statutes is amended to read:

40.98 (3) (b) Provide health care coverage under one or more plans to at least 50% of its permanent eligible employees who have a normal work week of 30 or more hours and who do not otherwise receive health care coverage as a dependent under any other plan that is not offered by the employer or a percentage of such employees specified by the board, whichever percentage is greater.

16,1400i Section 1400i. 40.98 (3) (c) of the statutes is amended to read:

40.98 (3) (c) Pay for each eligible employee at least 50% but not more than 100% of the lowest premium rate that would be of the lowest premium rate for single coverage that is available to the employer for that employee's coverage under the health care coverage program.

16,1400j Section 1400j. 40.98 (5) of the statutes is renumbered 40.98 (5) (am).

16,1400k Section 1400k. 40.98 (5) (bm) of the statutes is created to read:

40.98 (5) (bm) Notwithstanding par. (am), the department, in consultation with the board, may limit the requirement under par. (am) to compliance with s. 635.19.

16,1400L Section 1400L. 40.98 (6) (b) of the statutes is amended to read:

40.98 (6) (b) An insurance agent may not sell any health care coverage under the health care coverage program on behalf of an insurer unless he or she is employed by the insurer or has a contract with the insurer to sell the health care coverage on behalf of listed by the insurer under s. 628.11.

16,1400m Section 1400m. 40.98 (6) (d) of the statutes is repealed and recreated to read:

40.98 (6) (d) The board may establish training requirements that an insurance agent must satisfy, in addition to any requirements under s. 628.04 (3), to sell health care coverage under the health care coverage program.

16,1400mm Section 1400mm. 40.98 (6m) of the statutes is created to read:

40.98 (6m) The secretary of administration shall lapse from the appropriation under s. 20.515 (2) (g) to the general fund the amounts necessary to repay the loan from the state life insurance fund under s. 607.25 when the secretary of administration, after consulting with the board, determines that funds in the appropriation under s. 20.515 (2) (g) are sufficient to make the lapse. The amounts that are required to be lapsed under s. 20.515 (2) (g) shall equal the amount necessary to repay the loan, less any amount that is lapsed to the general fund under s. 20.515 (2) (a) at the end of the 2001-03 fiscal biennium. The secretary of administration may lapse the amounts under s. 20.515 (2) (g) in installments.

16,1400n Section 1400n. 41.11 (4) of the statutes is amended to read:

41.11 (4) Advertising. The department shall plan and conduct a program of advertising and promotion designed to attract interested persons to this state and to stimulate the enjoyment of its recreational opportunities by residents and nonresidents alike. Any contracts engaging a private agency to conduct an advertising or promotion program under this subsection shall reserve to the department the right to terminate the contract if the service is unsatisfactory to the department. The department shall encourage and coordinate the efforts of public and private organizations to publicize the facilities and attractions of the state for the purpose of stimulating their enjoyment by residents and tourists. The department shall advertise historic sites and state parks with funding from the same appropriation account or accounts.

16,1400q Section 1400q. 41.11 (7) of the statutes is created to read:

41.11 (7) Wild Rivers Interpretive Center grants. From the appropriation under s. 20.380 (1) (kg), the department shall make a grant of $20,000 in each fiscal year to the Florence County forestry and park department for distribution of state tourism materials at the Wild Rivers Interpretive Center.

16,1400r Section 1400r. 41.17 (6) of the statutes is created to read:

41.17 (6) Funding for state historical society. The state historical society shall be eligible for funds under this section for any project related to a historic site listed in s. 44.20 (1), regardless of whether program revenues under s. 20.245 are also used for the project.

16,1401 Section 1401. 41.19 (1) (b) of the statutes is created to read:

41.19 (1) (b) "Nonprofit organization" has the meaning given in s. 108.02 (19).

16,1402 Section 1402. 41.19 (2m) (c) (intro.) of the statutes is amended to read:

41.19 (2m) (c) (intro.) Subject to par. (d), from the appropriation appropriations under s. 20.380 (1) (bm) and (kg), the department shall, in the fiscal biennium in which an area is selected under par. (a), award a grant to the applicant on behalf of an the area of the state selected under par. (a) if all of the following apply:

16,1403 Section 1403. 41.19 (2m) (d) of the statutes is amended to read:

41.19 (2m) (d) The department may not, under par. (c), award to an applicant on behalf of an area selected under par. (a) more than one grant per fiscal year to an applicant on behalf of an area under par. (c) and may not or award grants to the applicant for more than 2 fiscal years. Grants awarded to an applicant under par. (c) may not exceed $25,000 in the first fiscal year, or $15,000 in the 2nd fiscal year, in which the applicant receives a grant under par. (c).

16,1404 Section 1404. 41.19 (2r) of the statutes is created to read:

41.19 (2r) From the appropriations under s. 20.380 (1) (bm) and (kg), the department may award to a nonprofit organization that is located in an area of the state that was selected under sub. (2m) (a) grants of up to $5,000 in any fiscal year after the fiscal biennium in which the area was selected under sub. (2m) (a). Grant proceeds must be used to promote historic and prehistoric attractions in the area, and may be used for such purposes as interpretive or directional signs, website development, advertising, and public relations. The department may award grants under this subsection to a nonprofit organization that received grants under sub. (2m) (c) as an applicant on behalf of an area of the state selected under sub. (2m) (a).

16,1404f Section 1404f. 41.41 (13) of the statutes is created to read:

41.41 (13) Report on generating revenue and resubmitting building plans. After consulting with the department of natural resources and any tribal government with whom the Kickapoo reserve management board or the Lower Wisconsin State Riverway board has entered into a memorandum of understanding, the Kickapoo reserve management board, in conjunction with the Lower Wisconsin State Riverway board, shall prepare and submit to the building commission and to the joint committee on finance a report that includes all of the following:

(a) Recommendations on how revenue may be generated to cover the operational costs of the 2 boards through hunting, camping, or parking or other fees.

(b) Resubmission of plans for building facilities that, given their close proximity, have their own individual emphases.

16,1405 Section 1405. 42.035 of the statutes is amended to read:

42.035 Treatment of certain state fair park board employees. Notwithstanding s. 230.08 (2) (pm), those employees holding positions in the classified service at the state fair park board on October 29, 1999, who have achieved permanent status in class before that date, shall retain, while serving in the unclassified service at the state fair park board, those protections afforded employees in the classified service under ss. 230.34 (1) (a) and 230.44 (1) (c) relating to demotion, suspension, discharge, layoff or reduction in base pay. Such employees shall also be eligible for transfer under s. 230.29 and shall have reinstatement privileges to the classified service under s. 230.33 (1m). Those employees of the state fair park board on October 29, 1999, who have not achieved permanent status in class in any position at the state fair park board on that date are eligible to receive the protections, privileges and rights preserved under this section if they successfully complete service equivalent to the probationary period required in the classified service for the position that they hold on that date.

16,1405g Section 1405g. 42.09 (2) (b) of the statutes is amended to read:

42.09 (2) (b) The state fair park board shall allow the department of natural resources and the department of forestry access to and use of the buildings, appurtenances, fixtures, exhibits and other structures and facilities described in par. (a) so that the department departments may prepare, display and dismantle exhibits during events occurring at state fair park.

16,1405m Section 1405m. 42.09 (3) (a) of the statutes is amended to read:

42.09 (3) (a) The Subject to approval of the building commission when required under s. 13.48 (12), the state fair park board may permit a private person to construct a building, structure or facility in the state fair park under a lease agreement with the board.

16,1406w Section 1406w. 43.17 (9) (a) of the statutes is amended to read:

43.17 (9) (a) All contracts for public construction made by a federated public library system whose territory lies within 2 or more counties or by a federated public library system whose territory lies within a single county with a population of at least 500,000 shall be let by the public library system board to the lowest responsible bidder, and may be awarded to a minority business that is certified by the department of commerce under s. 560.036 (2), in accordance with s. 62.15 (1) to (11) and (14). For purposes of this section, the system board possesses the powers conferred by s. 62.15 on the board of public works and the common council. All contracts made under this section shall be made in the name of the federated public library system and shall be executed by the system board president and such other board officer as the system board designates.

16,1407m Section 1407m. 43.17 (9) (b) of the statutes is amended to read:

43.17 (9) (b) A public library system board of a multicounty library system may borrow money to accomplish any of its purposes, but the outstanding amount of such loans at any time may not exceed an amount equal to the system board's receipts for the prior fiscal year. A federated public library system whose territory lies within 2 or more counties may obtain a state trust fund loan to accomplish any of its purposes, but the outstanding amount of a federated public library system's state trust fund loans, together with all other indebtedness of the system, may not exceed an amount equal to the system's receipts for the prior fiscal year.

16,1408 Section 1408. 43.70 (2) of the statutes is amended to read: