Wisconsin Legislature: 55,1458

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:

45.60 (1) (a) 5. Former members of the selected reserve or national guard who were discharged due to a service-connected disability or for a disability subsequently adjudicated to have been service-connected.

55,1465 Section 1465. 45.82 (2) of the statutes is amended to read:

45.82 (2) The department of veterans affairs shall award a grant annually, on a reimbursable basis as specified in this subsection, to a county that meets the standards developed under this section and if the county executive, administrator, or administrative coordinator certifies to the department that it employs a county veterans service officer who, if chosen after August 9, 1989 April 15, 2015, is chosen from a list of candidates who have taken a civil service examination for the position of county veterans service officer developed and administered by the division bureau of merit recruitment and selection in the office of state employment relations department of administration, or is appointed under a civil service competitive examination procedure under s. 59.52 (8) or ch. 63. The grant shall be The department of veterans affairs shall twice yearly reimburse grant recipients for documented expenses under sub. (5), subject to the following annual reimbursement limits: $8,500 for a county with a population of less than 20,000, $10,000 for a county with a population of 20,000 to 45,499, $11,500 for a county with a population of 45,500 to 74,999, and $13,000 for a county with a population of 75,000 or more. The department of veterans affairs shall use the most recent Wisconsin official population estimates prepared by the demographic services center when making grants under this subsection.

55,1465m Section 1465m. 45.82 (4) of the statutes is amended to read:

45.82 (4) The department shall provide grants on a reimbursable basis as specified in this subsection to the governing bodies of federally recognized American Indian tribes and bands from the appropriation under s. 20.485 (2) (km) or (vw) if that governing body enters into an agreement with the department regarding the creation, goals, and objectives of a tribal veterans service officer, appoints a veteran to act as a tribal veterans service officer, and gives that veteran duties similar to the duties described in s. 45.80 (5), except that the veteran shall report to the governing body of the tribe or band. The department may make annual grants of up to shall twice yearly reimburse grant recipients for documented expenses under sub. (5), not to exceed $15,000 per grant under this subsection and shall promulgate rules to implement this subsection.

55,1465n Section 1465n. 45.82 (5) of the statutes is created to read:

45.82 (5) Only the following expenses are eligible for reimbursement under subs. (2) and (4):

(a) Information technology.

(b) Transportation for veterans and service to veterans with barriers.

(d) Training and services provided by the department and the federal department of veterans affairs.

(e) Salary and fringe benefit expenses incurred in 2015; salary and fringe benefit expenses incurred in 2016, except that total reimbursement for such expenses shall not exceed 50 percent of the applicable maximum grant under sub. (2) or (4); and salary and fringe benefit expenses incurred in 2017, except that total reimbursement for such expenses shall not exceed 25 percent of the applicable maximum grant under sub. (2) or (4).

55,1465o Section 1465o. 45.82 (6) of the statutes is created to read:

45.82 (6) The department shall promulgate rules establishing criteria and procedures for reimbursement under subs. (2) and (4).

55,1466 Section 1466. 46.011 (1) of the statutes is renumbered 46.011 (1e).

55,1467 Section 1467. 46.011 (1c) of the statutes is created to read:

46.011 (1c) "Community-based juvenile delinquency-related services" means juvenile delinquency-related services provided under ch. 938 other than juvenile correctional services.

55,1468b Section 1468b. 46.011 (1p) of the statutes is created to read:

46.011 (1p) "Juvenile correctional services" means services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n) (a), or (7g), or 938.357 (4).

55,1469b Section 1469b. 46.011 (1p) of the statutes, as created by 2015 Wisconsin Act .... (this act), is amended to read:

55,1470 Section 1470. 46.03 (18) (a) of the statutes is amended to read:

46.03 (18) (a) Except as provided in s. 46.10 (14) (b) and (c), the department shall establish a uniform system of fees for services provided or purchased by the department, or a county department under s. 46.215, 46.22, 51.42, or 51.437, except for services provided under ch. 48 and subch. III of ch. 49; community-based juvenile delinquency-related services; juvenile correctional services; services provided to courts; and outreach, information, and referral services; or when, as determined by the department, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22, 51.42, or 51.437 shall apply the fees that it collects under this program to cover the cost of those services.

55,1471 Section 1471. 46.03 (20) (a) of the statutes is amended to read:

46.03 (20) (a) Except for payments provided under ch. 48 or subch. III of ch. 49, the The department may make payments directly to recipients of public assistance or to such persons authorized to receive such those payments in accordance with law and rules of the department on behalf of the counties. Except for payments provided under ch. 48 or subch. III of ch. 49, the The department may charge the counties for the cost of operating public assistance systems which that make such those payments.

55,1471nb Section 1471nb. 46.036 (3) (a) of the statutes is amended to read:

46.036 (3) (a) Purchase of service contracts Contracts under this section shall be written in accordance with rules promulgated and procedures established by the department. Contracts for client services shall show the total dollar amount to be purchased and; shall show for each service the number of clients to be served, number of client service units, the unit rate per client service, and the total dollar amount for each service; shall permit the provider of a rate-based service to generate a surplus of revenue earned under the contract over allowable costs incurred in the contract period; and shall permit a nonprofit corporation that is a provider of a rate-based service or a rate-regulated service to retain from that surplus the amounts specified in sub. (5m) (b), (c), (d), or (em), whichever is applicable. Nothing in this paragraph shall be construed to guarantee the generation of a surplus by a provider of a rate-based service.

55,1471nc Section 1471nc. 46.036 (3) (c) of the statutes is amended to read:

46.036 (3) (c) For proprietary agencies, contracts may include a percentage add-on for profit according to rules promulgated by the department. In calculating profits generated by a rate-regulated service, a proprietary agency may combine revenues in the same manner that a nonprofit corporation is permitted to combine revenues under sub. (5m) (c) 1. and may offset surpluses generated by affiliated providers against deficits generated by such providers in the same manner that a nonprofit corporation is permitted to offset surpluses against deficits under sub. (5m) (c) 2. In calculating profits generated by a rate-based service, a proprietary agency that is a successor provider following a merger, acquisition, consolidation, reorganization, sale, or other transfer may offset surpluses generated by a preexisting provider against deficits generated by such a provider in the same manner that a nonprofit corporation is permitted to offset surpluses against deficits under sub. (5m) (d).

55,1471ne Section 1471ne. 46.036 (5m) (a) 1. of the statutes is renumbered 46.036 (5m) (a) 1r.

55,1471nf Section 1471nf. 46.036 (5m) (a) 1d. of the statutes is created to read:

46.036 (5m) (a) 1d. "Affiliated provider" means a provider that has control of, is subject to the control of, or is under common control with another provider.

55,1471ng Section 1471ng. 46.036 (5m) (a) 1g. of the statutes is created to read:

46.036 (5m) (a) 1g. "Combined revenues" means the aggregate revenues received by a provider from all purchasers of all rate-regulated services provided by the provider.

55,1471nh Section 1471nh. 46.036 (5m) (a) 1j. of the statutes is created to read:

46.036 (5m) (a) 1j. "Control" means the possession of the power, directly or indirectly, to direct or cause the direction of the management and policies of a provider through the ownership of more than 50 percent of the voting rights of the provider, by contract, or otherwise.

55,1471nj Section 1471nj. 46.036 (5m) (a) 2. of the statutes is amended to read:

46.036 (5m) (a) 2. "Rate-based service" means a service or a group of similar services, as determined by the department, provided under one or more contracts between a provider and the purchaser of those services that is reimbursed through a prospectively set rate and that is distinguishable from other services or groups of similar services by the purpose for which funds are provided for that service or group of similar services and by the source of funding for that service or group of similar services.

55,1471nk Section 1471nk. 46.036 (5m) (a) 3. of the statutes is created to read:

46.036 (5m) (a) 3. "Rate-regulated service" means a rate-based service that is reimbursed through a rate established under s. 49.343.

55,1471nn Section 1471nn. 46.036 (5m) (b) 1. and 2. of the statutes are consolidated, renumbered 46.036 (5m) (b) and amended to read:

46.036 (5m) (b) Subject to subd. 2. and pars. (c), (d), (e), and (em), if revenue under a contract for the provision of a rate-based service exceeds allowable costs incurred in the contract period, the provider may shall be permitted to retain from the any surplus generated by that rate-based service up to 5% of the revenue received under the contract. A provider that retains a surplus under this subdivision shall as provided in this paragraph and to use that retained surplus to cover a deficit between revenue and allowable costs incurred in any preceding or future contract period for the same rate-based service that generated the surplus or to address the programmatic needs of clients served by the same rate-based service that generated the surplus. 2. amount, in the sole discretion of the provider, to cover any allowable costs specified in 2 CFR Part 200 or in any other applicable federal law or regulation. If on December 31 of any year the amount accumulated by a provider from all contract periods ending during that year for a rate-based service exceeds 5 percent of the total revenue received from all of those contract periods, the provider shall provide written notice of that excess to all purchasers of that rate-based service and, upon the written request of such a purchaser received no later than 6 months after the date of the notice, shall return to the purchaser the purchaser's proportional share of that excess. Subject to pars. (c), (d), (e), and (em), a provider may accumulate funds from more than one contract period under this paragraph, except that, if at the end of a contract period the amount accumulated from all contract periods for a rate-based service exceeds 10% of the revenue received under all current contracts for that rate-based service, the provider shall, at the request of a purchaser, return to that purchaser the purchaser's proportional share of that excess and use any of that excess that is not returned to a purchaser to reduce the provider's unit rate per client for that rate-based service in the next contract period. If a provider has held for 4 consecutive contract periods an accumulated reserve for a rate-based service that is equal to or exceeds 10% of the revenue received under all current contracts for that rate-based service, the provider shall apply 50% of that accumulated amount to reducing its unit rate per client for that rate-based service in the next contract period. A contract for a rate-based service may not limit the provider to retaining from any surplus generated by that service an amount that is less than 5 percent of the revenue received under the contract. Nothing in this paragraph shall be construed to guarantee the generation of a surplus by the provider of a rate-based service.

55,1471np Section 1471np. 46.036 (5m) (c) of the statutes is created to read:

46.036 (5m) (c) 1. Subject to subd. 2. and par. (e), if on December 31 of any year the combined revenues from all contract periods ending during that year for all rate-regulated services exceed the allowable costs related to the provision of those rate-regulated services in that year, the provider shall be permitted to retain any surplus generated by those rate-regulated services as provided in this subdivision and to use that retained amount, in the sole discretion of the provider, to cover any allowable costs specified in 2 CFR Part 200 or in any other applicable federal law or regulation. If on December 31 of any year the amount accumulated by a provider from all contract periods ending during that year for a rate-regulated service provided under those contracts in that year exceeds 5 percent of the total revenue received from all of those contract periods, the provider shall provide written notice of that excess to all purchasers of that rate-regulated service and, upon the written request of such a purchaser received no later than 6 months after the date of the notice, shall return to the purchaser the purchaser's proportional share of that excess. A contract for a rate-regulated service may not limit the provider to retaining from any surplus generated by that service an amount that is less than 5 percent of the revenue received under the contract. Nothing in this subdivision shall be construed to guarantee the generation of a surplus by a provider of a rate-regulated service.