Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,387,15 39.41 (1m) (fm) If 2 or more seniors from the school operated by the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing have the same grade point average and, except for the limitation of one designated senior, are otherwise eligible for designation under par. (c) 2., the executive secretary shall make the designation under par. (c) 2. of the senior who may be eligible for a higher education scholarship as a scholar and, if that senior does not qualify for a higher education scholarship under sub. (2) (a) or (3) (a), shall designate one or more of the remaining seniors with the same grade point average as eligible for a higher education scholarship as a scholar under sub. (2) (a) or (3) (a) until the scholarship may be awarded by the board.".

SB55-ASA1-AA1,387,16 722. Page 524, line 3: after that line insert:

SB55-ASA1-AA1,387,17 " Section 1384m. 39.75 (7) (d) of the statutes is amended to read:

SB55-ASA1-AA1,387,24 39.75 (7) (d) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established by its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified certified public accountant licensed or certified under ch. 442, and the report of the audit shall be included in and become part of the annual reports of the commission.".

SB55-ASA1-AA1,388,1 723. Page 524, line 16: after that line insert:

SB55-ASA1-AA1,388,2 " Section 1385m. 39.80 (5) (c) of the statutes is amended to read:

SB55-ASA1-AA1,388,9 39.80 (5) (c) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant licensed or certified under ch. 442 and the report of the audit shall be included in and become part of the annual report of the commission.".

SB55-ASA1-AA1,388,10 724. Page 533, line 2: after that line insert:

SB55-ASA1-AA1,388,11 " Section 1389p. 40.02 (48) (am) of the statutes is amended to read:

SB55-ASA1-AA1,388,22 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, environmental warden, member of the state traffic 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 at Wisconsin veterans facilities, 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).

SB55-ASA1-AA1, s. 1389s Section 1389s. 40.02 (48) (c) of the statutes is amended to read:

SB55-ASA1-AA1,389,13 40.02 (48) (c) In s. 40.65, "protective occupation participant" means a participating employee 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 employee of the department of natural resources fish, wildlife, parks, and forestry who is subject to call for forest fire control or warden duty, environmental warden, member of the state traffic patrol, state motor vehicle inspector, University of Wisconsin System full-time police officer, guard or any other employee 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.".

SB55-ASA1-AA1,389,14 725. Page 533, line 2: after that line insert:

SB55-ASA1-AA1,389,15 " Section 1389t. 40.02 (54) (a) of the statutes is repealed.".

SB55-ASA1-AA1,389,16 726. Page 533, line 4: after that line insert:

SB55-ASA1-AA1,389,17 " Section 1391h. 40.03 (2) (it) of the statutes is created to read:

SB55-ASA1-AA1,389,20 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.".

SB55-ASA1-AA1,389,21 727. Page 534, line 23: after that line insert:

SB55-ASA1-AA1,389,22 " Section 1398p. 40.51 (8) of the statutes is amended to read:

SB55-ASA1-AA1,390,2 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), 631.95, 632.72 (2), 632.746 (1) to (8) and (10), 632.747, 632.748, 632.83, 632.835, 632.85, 632.853, 632.855, 632.87 (3) to (5), 632.872, 632.895 (5m) and (8) to (14), and 632.896.

SB55-ASA1-AA1, s. 1398q Section 1398q. 40.51 (8m) of the statutes is amended to read:

SB55-ASA1-AA1,390,7 40.51 (8m) Every health care coverage plan offered by the group insurance board under sub. (7) shall comply with ss. 631.95, 632.746 (1) to (8) and (10), 632.747, 632.748, 632.83, 632.835, 632.85, 632.853, 632.855, 632.872, and 632.895 (11) to (14).".

SB55-ASA1-AA1,390,8 728. Page 534, line 23: after that line insert:

SB55-ASA1-AA1,390,10 " Section 1398p. 40.05 (4) (ag) 2. of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB55-ASA1-AA1,390,20 40.05 (4) (ag) 2. For eligible employees not specified in subd. 1., 90% of the gross premium for the standard health insurance plan offered to state employees by the group insurance board or 105% of the gross premium, excluding any premium cost related to the point-of-service option plan required to be offered under s. 609.10, of the alternative qualifying plan offered under s. 40.03 (6) that is the least costly qualifying plan within the county in which the alternate plan is located, whichever is lower, but not more than the total amount of the premium. Employer contributions for employees who select the standard plan shall be based on their county of residence. Qualifying health insurance plans shall be determined in accordance with standards established by the group insurance board.".

SB55-ASA1-AA1,390,21 729. Page 534, line 23: after that line insert:

SB55-ASA1-AA1,390,22 " Section 1398r. 40.51 (12) of the statutes is amended to read:

SB55-ASA1-AA1,391,3 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.

SB55-ASA1-AA1, s. 1398s Section 1398s. 40.51 (13) of the statutes is amended to read:

SB55-ASA1-AA1,391,8 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.".

SB55-ASA1-AA1,391,9 730. Page 534, line 23: after that line insert:

SB55-ASA1-AA1,391,10 " Section 1398n. 40.05 (1) (a) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,391,11 40.05 (1) (a) (intro.) Except as provided in par. (b) and sub. (2n):

SB55-ASA1-AA1, s. 1398o Section 1398o. 40.05 (1) (a) 2. of the statutes is amended to read:

SB55-ASA1-AA1,391,14 40.05 (1) (a) 2. For each participating employee whose formula rate is determined under s. 40.23 (2m) (e) 2., 5.5% 5% of each payment of earnings.

SB55-ASA1-AA1, s. 1398p Section 1398p. 40.05 (1) (a) 3. of the statutes is amended to read:

SB55-ASA1-AA1,391,17 40.05 (1) (a) 3. For each participating employee whose formula rate is determined under s. 40.23 (2m) (e) 3., 6% 5% of each payment of earnings.

SB55-ASA1-AA1, s. 1398q Section 1398q. 40.05 (1) (a) 4. of the statutes is amended to read:

SB55-ASA1-AA1,391,20 40.05 (1) (a) 4. For each participating employee whose formula rate is determined under s. 40.23 (2m) (e) 4., 8% 5% of each payment of earnings.

SB55-ASA1-AA1, s. 1398r Section 1398r. 40.05 (2m) of the statutes is repealed.

SB55-ASA1-AA1, s. 1398s Section 1398s. 40.05 (2n) of the statutes is repealed.

SB55-ASA1-AA1, s. 1398t Section 1398t. 40.32 (1) of the statutes is amended to read:

SB55-ASA1-AA1,392,7 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 employee 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.".

SB55-ASA1-AA1,392,8 731. Page 534, line 23: after that line insert:

SB55-ASA1-AA1,392,9 " Section 1398r. 40.05 (4) (a) 1. of the statutes is amended to read:

SB55-ASA1-AA1,392,14 40.05 (4) (a) 1. For health insurance, each insured employee shall contribute $5 per month and shall contribute the balance of the required premium amounts after applying required employer contributions, if any, and each insured retired employee shall contribute the balance of the required premium amounts after applying required employer contributions, if any.".

SB55-ASA1-AA1,392,15 732. Page 534, line 23: after that line insert:

SB55-ASA1-AA1,392,16 " Section 1398s. 40.05 (4) (b) of the statutes is amended to read:

SB55-ASA1-AA1,394,2 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).

SB55-ASA1-AA1, s. 1398t Section 1398t. 40.05 (4) (bd) of the statutes is repealed.

SB55-ASA1-AA1, s. 1398u Section 1398u. 40.05 (4) (be) of the statutes is repealed and recreated to read:

SB55-ASA1-AA1,394,18 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).".

SB55-ASA1-AA1,394,19 733. Page 535, line 6: after that line insert:

SB55-ASA1-AA1,394,20 " Section 1400b. 40.98 (1) (bm) of the statutes is created to read:

SB55-ASA1-AA1,394,21 40.98 (1) (bm) "Eligible employee" has the meaning given in s. 632.745 (5) (a).

SB55-ASA1-AA1, s. 1400c Section 1400c. 40.98 (1) (d) of the statutes is amended to read:

SB55-ASA1-AA1,395,2 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).

SB55-ASA1-AA1, s. 1400d Section 1400d. 40.98 (2) (a) 3. of the statutes is amended to read:

SB55-ASA1-AA1,395,7 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.

SB55-ASA1-AA1, s. 1400e Section 1400e. 40.98 (2) (a) 4. of the statutes is amended to read:

SB55-ASA1-AA1,395,11 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.

SB55-ASA1-AA1, s. 1400em Section 1400em. 40.98 (2) (a) 5. of the statutes is amended to read:

SB55-ASA1-AA1,395,15 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.

SB55-ASA1-AA1, s. 1400f Section 1400f. 40.98 (2) (d) of the statutes is amended to read:

SB55-ASA1-AA1,395,25 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.

SB55-ASA1-AA1, s. 1400g Section 1400g. 40.98 (3) (a) of the statutes is amended to read:

SB55-ASA1-AA1,396,6 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.

SB55-ASA1-AA1, s. 1400h Section 1400h. 40.98 (3) (b) of the statutes is amended to read:

SB55-ASA1-AA1,396,12 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.

SB55-ASA1-AA1, s. 1400i Section 1400i. 40.98 (3) (c) of the statutes is amended to read:

SB55-ASA1-AA1,396,17 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.

SB55-ASA1-AA1, s. 1400j Section 1400j. 40.98 (5) of the statutes is renumbered 40.98 (5) (am).

SB55-ASA1-AA1, s. 1400k Section 1400k. 40.98 (5) (bm) of the statutes is created to read:

SB55-ASA1-AA1,396,22 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.

SB55-ASA1-AA1, s. 1400L Section 1400L. 40.98 (6) (b) of the statutes is amended to read:

SB55-ASA1-AA1,397,2 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.

SB55-ASA1-AA1, s. 1400m Section 1400m. 40.98 (6) (d) of the statutes is repealed and recreated to read:

SB55-ASA1-AA1,397,6 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.

SB55-ASA1-AA1, s. 1400n Section 1400n. 40.98 (6m) of the statutes is created to read:

SB55-ASA1-AA1,397,17 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 pay all principal and interest costs on 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.".

SB55-ASA1-AA1,397,18 734. Page 535, line 6: after that line insert:

SB55-ASA1-AA1,397,19 " Section 1400m. 41.11 (4) of the statutes is amended to read:

SB55-ASA1-AA1,398,6 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.".

SB55-ASA1-AA1,398,7 735. Page 535, line 12: after that line insert:

SB55-ASA1-AA1,398,8 " Section 1404c. 41.41 (4) (c) of the statutes is amended to read:

SB55-ASA1-AA1,398,13 41.41 (4) (c) The department of agriculture, trade and consumer protection, the department of natural resources fish, wildlife, parks, and forestry, the department of transportation, the department of commerce, the department of administration, the state historical society and the University of Wisconsin-Extension shall cooperate with and assist the board in matters related to its functions.

SB55-ASA1-AA1, s. 1404d Section 1404d. 41.41 (5) (e) of the statutes is amended to read:

SB55-ASA1-AA1,398,21 41.41 (5) (e) Consult and cooperate with the department of agriculture, trade and consumer protection, the department of natural resources fish, wildlife, parks, and forestry, the department of transportation, the department of commerce, the department of administration, the state historical society, the University of Wisconsin-Extension, any federally recognized American Indian tribe or band in this state that appoints a liaison representative to the board regarding the management of the Kickapoo valley reserve.

SB55-ASA1-AA1, s. 1404e Section 1404e. 41.41 (9) of the statutes is amended to read: