AB1-SSA1-SA2,174,2318
39.13
(2) The executive director may employ a deputy director
, the number of
19division administrators specified in s. 230.08 (2) (e) and 11 professional staff
20members outside the classified service. Subject to authorization under s. 16.505, the
21executive director may employ additional professional staff members for
22development and grant projects outside the classified service or for other purposes
23within the classified service.
AB1-SSA1-SA2,175,14
140.02
(17) (e) Each executive participating employee whose creditable service
2terminates on or after May 3, 1988, and each participating employee who is a present
3or former elected official or an appointee of a present or former elected official and
4who did not receive creditable service under s. 40.02 (17) (e), 1987 stats., or s. 40.02
5(17) (e), 1989 stats., and whose creditable service terminates on or after August 15,
61991, who was previously in the position of the president of the University of
7Wisconsin System or in a position designated under s. 20.923 (4)
, or (8)
or (9), but did
8not receive creditable service because of age restrictions, may receive creditable
9service equal to the period of executive service not credited if the participant pays to
10the department a lump sum payment equal to 5.5% of one-twelfth of the employee's
11highest earnings in a single annual earnings period multiplied by the number of
12months of creditable service granted under this paragraph. That amount shall be
13credited and treated as an employee required contribution for all purposes of the
14Wisconsin retirement system.".
AB1-SSA1-SA2,175,2117
CHAPTER 44
18
HISTORICAL SOCIETIES
, and ARTS
19
BOARD
and technology for
20educational achievement in
21
Wisconsin board".
AB1-SSA1-SA2,176,4
140.51
(8) Every health care coverage plan offered by the state under sub. (6)
2shall comply with ss. 631.89, 631.90, 631.93 (2), 631.95, 632.72 (2), 632.746 (1) to (8)
3and (10), 632.747, 632.748, 632.83, 632.835, 632.85, 632.853, 632.855, 632.87 (3) to
4(5),
632.89, 632.895 (5m) and (8) to
(14) (15), and 632.896.
AB1-SSA1-SA2,176,96
40.51
(8m) Every health care coverage plan offered by the group insurance
7board under sub. (7) shall comply with ss. 631.95, 632.746 (1) to (8) and (10), 632.747,
8632.748, 632.83, 632.835, 632.85, 632.853, 632.855
, 632.89, and 632.895 (11) to
(14) 9(15).".
AB1-SSA1-SA2,176,1712
40.98
(2) (h) The department may seek funding from any person for the
13payment of costs of designing, marketing, and contracting for or providing
14administrative services under the health care coverage program and for lapsing to
15the general fund any amount required under sub. (6m). Any moneys received by the
16department under this paragraph shall be credited to the appropriation account
17under s. 20.515 (2) (g).
AB1-SSA1-SA2,177,319
40.98
(6m) The secretary of administration shall lapse from the appropriation
20under s. 20.515 (2) (g) to the general fund the amounts necessary to repay the loan
21under s. 601.34 when the secretary of administration, after consulting with the
22board, determines that funds in the appropriation under s. 20.515 (2) (g) are
23sufficient to make the lapse. The amounts that are required to be lapsed under s.
2420.515 (2) (g) shall equal the amount necessary to pay all principal and interest costs
1on the loan, less any amount that is lapsed to the general fund under s. 20.515 (2)
2(a) at the end of the 2001-03 fiscal biennium. The secretary of administration may
3lapse the amounts under s. 20.515 (2) (g) in installments.".
AB1-SSA1-SA2,177,6
5"
Section 100h. 40.02 (30) of the statutes, as affected by 2001 Wisconsin Act
6.... (this act), is amended to read:
AB1-SSA1-SA2,177,137
40.02
(30) "Executive participating employee" means a participating employee
8in a position designated under s. 19.42 (10) (L) or 20.923 (4), (4g), (7),
or (8)
, or (9) or
9authorized under s. 230.08 (2) (e) during the time of employment. All service credited
10prior to May 17, 1988, as executive service as defined under s. 40.02 (31), 1985 stats.,
11shall continue to be treated as executive service as defined under s. 40.02 (31), 1985
12stats., but no other service rendered prior to May 17, 1988, may be changed to
13executive service as defined under s. 40.02 (31), 1985 stats.".
AB1-SSA1-SA2,177,1816
41.11
(6) Badger state games grants. From the appropriation under s. 20.380
17(1) (b), the department shall provide grants for the operation of the badger state
18games.".
AB1-SSA1-SA2,178,521
40.05
(2) (h) 1. Beginning on the January 1 that first occurs after the actuary
22completes the valuation required under 2001 Wisconsin Act .... (this act), section
239116 (1q) (f), contributions shall be made for state agencies in a percentage of the
24earnings of each participating employee to reflect the cost of providing the retirement
1benefits under 2001 Wisconsin Act .... (this act), section 9116 (1q), and any
2contribution rate shall be sufficient to amortize, as a level percent of payroll, the
3unfunded liability of the state agencies over the remainder of the 10-year
4amortization period specified in the valuation prepared under 2001 Wisconsin Act
5.... (this act), section 9116 (1q) (f).
AB1-SSA1-SA2,178,206
2. Beginning on the January 1 that first occurs after the actuary completes the
7valuation required under 2001 Wisconsin Act .... (this act), section 9116 (1q) (f),
8contributions shall be made for employers that make an election under 2001
9Wisconsin Act .... (this act), section 9116 (1q) (e) in a percentage of the earnings of
10each participating employee to reflect the cost of providing the retirement benefits
11under 2001 Wisconsin Act .... (this act), section 9116 (1q) (c), and any contribution
12rate shall be sufficient to amortize, as a level percent of payroll, the unfunded
13liability of the employers over the remainder of the 10-year amortization period
14specified in the valuation prepared under 2001 Wisconsin Act .... (this act), section
159116 (1q) (f). The department shall pool all employers that make the election under
162001 Wisconsin Act .... (this act), section 9116 (1q) (e), into a single employing unit
17for the purpose of calculating the contribution rate. This subdivision shall not apply
18to any employer that makes an election under 2001 Wisconsin Act .... (this act),
19section 9116 (1q) (e), if no employee of that employer elects to receive the retirement
20benefits provided under 2001 Wisconsin Act .... (this act), section 9116 (1q).
AB1-SSA1-SA2,179,221
3. In lieu of paying contributions under subd. 1. or 2., a participating employer
22may fully pay the unfunded liability as a lump sum payment. Such a payment may
23be made only after the date on which the actuary completes the valuation required
24under 2001 Wisconsin Act .... (this act), section 9116 (1q) (f), but before the January
11 that first occurs after the actuary completes the valuation required under 2001
2Wisconsin Act .... (this act), section 9116 (1q) (f).
AB1-SSA1-SA2,179,184
40.23
(2m) (b) Except as provided in s. 40.26, subject to the limitations under
5section
415 of the Internal Revenue Code, the initial amount of the normal form
6annuity shall be an amount equal to 70%, or
65% for participants whose formula rate
7is determined under par. (e) 3. or 85% 90% for participants whose formula rate is
8determined under par. (e) 4., of the participant's final average earnings plus the
9amount which can be provided under pars. (c) and (d) or, if less, shall be in the
10monthly amount equal to the sum of the amounts determined under pars. (c), (d) and
11(e) as modified by par. (f) and in accordance with the actuarial tables in effect on the
12annuity effective date. If the participant has creditable service under both par. (e)
134. and another category under par. (e), the percent applied under this paragraph
14shall be determined by multiplying the percent that each type of creditable service
15is of the participant's total creditable service by
85% and 65% 90% or 70%,
16respectively, and adding the results, except that the resulting benefit may not be less
17than the amount of the normal form annuity that could be paid based solely on the
18creditable service under par. (e) 4.".
AB1-SSA1-SA2,180,4
145.358
(3) (g) A veteran who was discharged or released from active duty in the
2U.S. armed forces under honorable conditions and who was a resident of the state for
3at least
5 12 consecutive
years months after
completing entering or reentering 4service on active duty.
AB1-SSA1-SA2,180,66
45.43
(1) (title)
Election or appointment.
AB1-SSA1-SA2,180,188
45.43
(1) (a) Except as provided under par. (b), the county board shall elect a
9county veterans' service officer who shall be a Wisconsin resident who served on
10active duty
, other than active duty for training, under honorable conditions in the
11U.S. armed forces or in forces incorporated as part of the U.S. armed forces
for 2
12consecutive years, except service on active duty for training purposes. An individual
13who is discharged for reasons of hardship or a service-connected disability or
14released due to a reduction in the U.S. armed forces or for the good of the service prior
15to the completion of the required period of service is eligible for election to the office,
16regardless of the actual time served and who meets at least one of the conditions
17listed in s. 45.35 (5) (a) 1. a. to d. and at least one of the conditions listed in s. 45.35
18(5) (a) 2. a. to c.
AB1-SSA1-SA2,180,2520
45.43
(1) (am) Except as provided under par. (b), the county board may appoint
21assistant county veterans' service officers who shall be Wisconsin residents who
22served on active duty, other than active duty for training, under honorable conditions
23in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces and
24who meet at least one of the conditions listed in s. 45.35 (5) (a) 1. a. to d. and at least
25one of the conditions listed in s. 45.35 (5) (a) 2. a. to c.
AB1-SSA1-SA2,181,83
45.43
(7m) (a) Annually, from the appropriation under s. 20.485 (2) (s), the
4department shall award grants to counties that are not served by transportation
5services provided by the Wisconsin department of Disabled American Veterans to
6develop, maintain, and expand transportation services for
disabled veterans. The
7grants may be used to support
multi-county multicounty cooperative transportation
8services.".
AB1-SSA1-SA2,181,1511
46.10
(8) (d) After due regard to the case and to a spouse and minor children
12who are lawfully dependent on the property for support, compromise or waive any
13portion of any claim of the state or county for which a person specified under sub. (2)
14is liable, but not any claim payable by an insurer under s. 632.89 (2) or
(2m) (4m) or
15by any other 3rd party.
AB1-SSA1-SA2,182,617
46.10
(14) (a) Except as provided in pars. (b) and (c), liability of a person
18specified in sub. (2) or s. 46.03 (18) for inpatient care and maintenance of persons
19under 18 years of age at community mental health centers, a county mental health
20complex under s. 51.08, the centers for the developmentally disabled, Mendota
21mental health institute
, and Winnebago mental health institute or care and
22maintenance of persons under 18 years of age in residential, nonmedical facilities
23such as group homes, foster homes, treatment foster homes, child caring institutions
, 24and juvenile correctional institutions is determined in accordance with the
1cost-based fee established under s. 46.03 (18). The department shall bill the liable
2person up to any amount of liability not paid by an insurer under s. 632.89 (2) or
(2m) 3(4m) or by other 3rd party benefits, subject to rules which include formulas governing
4ability to pay promulgated by the department under s. 46.03 (18). Any liability of the
5patient not payable by any other person terminates when the patient reaches age 18,
6unless the liable person has prevented payment by any act or omission.".
AB1-SSA1-SA2,182,8
8"
Section 119g. 49.152 (title) of the statutes is renumbered 49.16 (title).
AB1-SSA1-SA2, s. 119gd
9Section 119gd. 49.152 (1) of the statutes is renumbered 49.16 (1) and
10amended to read:
AB1-SSA1-SA2,182,1911
49.16
(1) Petition for review. Any individual whose application for any
12component of Wisconsin works is not acted upon by the Wisconsin works agency with
13reasonable promptness after the filing of the application, as defined by the
14department by rule, or is denied in whole or in part, whose benefit is modified or
15canceled, or who believes that the benefit was calculated incorrectly or that the
16employment position in which the individual was placed is inappropriate, may
17petition the
Wisconsin works agency department for a review of such action. Review
18is unavailable if the action by the Wisconsin works agency occurred more than 45
19days prior to submission of the petition for review.
AB1-SSA1-SA2, s. 119gj
21Section 119gj. 49.152 (3) (title) and (b) of the statutes are consolidated,
22renumbered 49.16 (3) and amended to read:
AB1-SSA1-SA2,183,1023
49.16
(3) Remedies. (b) If, following review under sub. (2), the
Wisconsin works
24agency or the department determines that
an individual's application was not acted
1upon with reasonable promptness or was improperly denied in whole or in part, that 2a participant's benefit was improperly modified or canceled
, or was calculated
3incorrectly
, or that a participant was placed in an inappropriate Wisconsin works
4employment position, the Wisconsin works agency shall
restore the benefit to the
5level determined to be appropriate by the Wisconsin works agency or by the
6department grant the appropriate benefit, retroactive to the date on which the
7individual's application was first not acted upon with reasonable promptness or
8improperly denied in whole or in part, the individual's benefit was first improperly
9modified or canceled or incorrectly calculated
, or the individual was first placed in
10an inappropriate Wisconsin works position.
AB1-SSA1-SA2,183,2413
49.16
(2) Review. The department shall give an applicant or participant who
14files a timely petition under sub. (1) an opportunity for a fair hearing. Upon receipt
15of a timely petition under sub. (1), the department shall provide reasonable notice
16of the hearing to the applicant or participant, the Wisconsin works agency, and, if
17appropriate, the county clerk. The department may make any additional
18investigation that it considers necessary. The Wisconsin works agency and, if
19appropriate, the county may be represented at the hearing. The department shall
20render its decision as soon as possible after the hearing and shall send a certified copy
21of its decision to the applicant or participant, the Wisconsin works agency, and, if
22appropriate, the county clerk. The decision of the department shall be final, but may
23be revoked or modified as altered conditions may require. The department shall deny
24a petition for a hearing or shall refuse to grant relief if any of the following applies:
AB1-SSA1-SA2,183,2525
(a) The applicant or participant withdraws the petition in writing.
AB1-SSA1-SA2,184,3
1(b) The sole issue in the petition concerns an automatic grant adjustment or
2change for a class of participants as required by state or federal law, unless the issue
3concerns an incorrect computation of the participant's benefit.
AB1-SSA1-SA2,184,74
(c) The applicant or participant abandons the petition. Abandonment occurs
5if the applicant or participant fails to appear in person or by a representative at a
6scheduled hearing without providing the department with good cause for that failure
7to appear.
AB1-SSA1-SA2,184,9
8(4) Nonentitlement. This section does not create an entitlement to any
9services or benefits under Wisconsin works.".
AB1-SSA1-SA2,184,1713
49.175
(1) (z)
Community youth grant. For a competitive grant program
14administered by the department to fund programs that improve social, academic and
15employment skills of youth who are eligible to receive temporary assistance for needy
16families under
42 USC 601 et seq.,
$7,579,700 $7,829,700 in fiscal year 2001-02 and
17$50,000 $300,000 fiscal year 2002-03.".
AB1-SSA1-SA2,185,821
49.195
(3) A county, tribal governing body, Wisconsin works agency or the
22department shall determine whether an overpayment has been made under s. 49.19,
2349.148, 49.155 or 49.157 and, if so, the amount of the overpayment. The county, tribal
24governing body, Wisconsin works agency or department shall provide notice of the
1overpayment to the liable person. The department shall give that person an
2opportunity for a review following the procedure specified under s.
49.152 49.16, if
3the person received the overpayment under s. 49.141 to 49.161, and for a hearing
4under ch. 227. Notwithstanding s. 49.96, the department shall promptly recover all
5overpayments made under s. 49.19, 49.148, 49.155 or 49.157 that have not already
6been received under s. 49.161 or 49.19 (17) and shall promulgate rules establishing
7policies and procedures to administer this subsection. The rules shall include
8notification procedures similar to those established for child support collections.".
AB1-SSA1-SA2,185,1411
49.26
(1) (h) 1. as. The individual has failed to request a hearing or has failed
12to show good cause for not cooperating with case management efforts in a hearing.
13The hearing shall be requested and held under s.
49.152 49.16. The department shall
14determine by rule the criteria for good cause.".
AB1-SSA1-SA2,185,2017
49.45
(2) (a) 9. Periodically set forth conditions of participation and
18reimbursement
in a contract with provider for contracts with providers of service
19under this section.
The department shall promulgate rules that specify criteria for
20and required procedures for submittal of appropriate claims for reimbursement.
AB1-SSA1-SA2,186,523
49.45
(2) (a) 10. After reasonable notice and opportunity for
a hearing
24conducted as a class 2 proceeding under ch. 227, recover money improperly or
1erroneously paid or overpayments to a provider by offsetting or adjusting amounts
2owed the provider under the program, crediting against a provider's future claims
3for reimbursement for other services or items furnished by the provider under the
4program, or requiring the provider to make direct payment to the department or its
5fiscal intermediary.
AB1-SSA1-SA2,186,1412
49.45
(2) (a) 11. Establish criteria for
the certification of
eligible providers of
13medical assistance and, except as provided in
par. (b) 6m. and s. 49.48
, and subject
14to par. (b) 7. and 8., certify providers who meet the criteria.
AB1-SSA1-SA2,187,719
49.45
(2) (a) 12. Decertify
or suspend under this subdivision a provider from
20or restrict a provider's participation in the medical assistance program, if after
21giving reasonable notice and opportunity for hearing the department finds that the
22provider has violated a federal statute or regulation or a state statute or
23administrative rule and the violation is by statute, regulation, or rule grounds for
24decertification or
restriction. The department shall suspend the provider pending
25the hearing under this subdivision if the department includes in its decertification
1notice findings that the provider's continued participation in the medical assistance
2program pending hearing is likely to lead to the irretrievable loss of public funds and
3is unnecessary to provide adequate access to services to medical assistance
4recipients. As soon as practicable after the hearing, the department shall issue a
5written decision suspension. No payment may be made under the medical assistance
6program with respect to any service or item furnished by the provider subsequent to
7decertification or during the period of suspension.
AB1-SSA1-SA2,187,1311
49.45
(2) (a) 14. Assure due process in implementing subds. 12. and 13. by
12providing written notice
, a fair hearing and a written decision and a hearing
13conducted as a class 2 proceeding under ch. 227.