Amendment ASA1-AB40

AB40-ASA1, s. 1128 Section 1128. 39.437 (4) (b) of the statutes is amended to read:

AB40-ASA1,478,22 39.437 (4) (b) By April 1 of each year, the office of the Wisconsin Covenant Scholars Program in the department of administration board shall determine the average of the resident undergraduate academic fees charged for the current academic year among the institutions within the University of Wisconsin System, the average of the fees under s. 38.24 (1m) (a) to (c) charged for the current academic year among the technical colleges in this state, the average of the tuition and fees charged for the current academic year among the tribally controlled colleges in this state, and the average of the tuition and fees charged for the current academic year among the private, nonprofit, accredited institutions of higher education in this state.

AB40-ASA1, s. 1129 Section 1129. 39.437 (4) (c) of the statutes is amended to read:

AB40-ASA1,479,3 39.437 (4) (c) To the extent permitted under 20 USC 1232g and 34 CFR part 99, the department of public instruction shall provide pupil information to the office of the Wisconsin Covenant Scholars Program in the department of administration board as necessary for that office to fulfill its role in the administration of the grant program under this section.

AB40-ASA1, s. 1130 Section 1130. 39.437 (5) (intro.) of the statutes is amended to read:

AB40-ASA1,479,6 39.437 (5) Rules. (intro.) The department of administration board shall promulgate rules to implement this section, including all of the following:

AB40-ASA1, s. 1131 Section 1131. 39.437 (5) (c) of the statutes is amended to read:

AB40-ASA1,479,9 39.437 (5) (c) Any other rules the department of administration board considers necessary to assure the uniform administration of this section.

AB40-ASA1, s. 1132 Section 1132. 39.437 (6) of the statutes is created to read:

AB40-ASA1,479,14 39.437 (6) Sunset. No student may enroll in the Wisconsin Covenant Scholars Program after September 30, 2011. After that date, the board may designate a student as a Wisconsin covenant scholar under sub. (2) (a) 2. only if the student enrolled in the Wisconsin Covenant Scholars Program by that date.

AB40-ASA1, s. 1133 Section 1133. 39.44 (1) (a) 3. of the statutes is amended to read:

AB40-ASA1,479,16 39.44 (1) (a) 3. Is a Hispanic, as defined in s. 560.036 16.287 (1) (d).

AB40-ASA1, s. 1134m Section 1134m. 39.50 (1) of the statutes is amended to read:

AB40-ASA1,480,4 39.50 (1) University of Wisconsin System. At the end of each semester, the Board of Regents of the University of Wisconsin System shall certify to the board the number of students enrolled in the University of Wisconsin System to whom any fees or nonresident tuition has been remitted under s. 36.27 (3n) or (3p), the number of credits for which those fees or that nonresident tuition has been remitted, and the amount of fees and nonresident tuition remitted. Subject to sub. (3m), if the board approves the information certified under this subsection, the board, from the appropriation account under s. 20.235 (1) (fz), shall reimburse the board of regents for the full amount of fees and nonresident tuition remitted. The board of regents shall credit any amounts received under this subsection to the appropriation under s. 20.285 (1) (k) and shall expend those amounts received for degree credit instruction.

AB40-ASA1, s. 1139 Section 1139. 40.02 (25) (b) 2c. of the statutes is amended to read:

AB40-ASA1,480,6 40.02 (25) (b) 2c. A state employee described in s. 49.825 (4) or (5) or 49.826 (4).

AB40-ASA1, s. 1139m Section 1139m. 40.02 (28) of the statutes is amended to read:

AB40-ASA1,480,17 40.02 (28) "Employer" means the state, including each state agency, any county, city, village, town, school district, other governmental unit or instrumentality of 2 or more units of government now existing or hereafter created within the state, any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, a local exposition district created under subch. II of ch. 229, a transit authority created under s. 66.1039, and a long-term care district created under s. 46.2895, except as provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local cultural arts district created under subch. V of ch. 229. Each employer shall be a separate legal jurisdiction for OASDHI purposes.

AB40-ASA1, s. 1139mb Section 1139mb. 40.02 (30) of the statutes is amended to read:

AB40-ASA1,481,4 40.02 (30) "Executive participating employee" means a participating employee in a position designated under s. 19.42 (10) (L) or 20.923 (4), (4g), (7), (8), or (9) or authorized under s. 230.08 (2) (e) during the time of employment, and also includes the president and vice presidents of the University of Wisconsin System and the chancellors and vice chancellors who are serving as deputies of all University of Wisconsin institutions, the University of Wisconsin Colleges, and the University of Wisconsin-Extension. 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.

AB40-ASA1, s. 1139r Section 1139r. 40.02 (41n) of the statutes is created to read:

AB40-ASA1,481,6 40.02 (41n) "Municipal employer" has the meaning given in s. 111.70 (1) (j).

AB40-ASA1, s. 1140 Section 1140. 40.02 (48) (am) 22. of the statutes is amended to read:

AB40-ASA1,481,9 40.02 (48) (am) 22. A person employed under s. 60.553 (1), 61.66 (1), or 62.13 (2e) (a).

AB40-ASA1, s. 1141 Section 1141. 40.02 (48) (c) of the statutes is amended to read:

AB40-ASA1,481,22 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 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 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. 60.553 (1), 61.66 (1), or 62.13 (2e) (a), or special criminal investigation agent employed by the department of justice.

AB40-ASA1, s. 1144 Section 1144. 40.03 (6) (h) (intro.) and 2. of the statutes are consolidated, renumbered 40.03 (6) (h) and amended to read:

AB40-ASA1,482,4 40.03 (6) (h) Shall, on behalf of the state, offer as provided in s. 40.55 long-term care insurance policies, subject to the following conditions: 2. For purposes of this section, the offering by the state of long-term health insurance policies shall constitute a group insurance plan under par. (a) 1.

AB40-ASA1, s. 1145 Section 1145. 40.03 (6) (h) 1. of the statutes is repealed.

AB40-ASA1, s. 1145m Section 1145m. 40.05 (1) (b) of the statutes, as affected by 2011 Wisconsin Act 10, is renumbered 40.05 (1) (b) 1. and amended to read:

AB40-ASA1,482,11 40.05 (1) (b) 1. Except as otherwise provided in a collective bargaining agreement entered into under subch. IV or V of ch. 111 and except as provided in subd. 2., an employer may not pay, on behalf of a participating employee, any of the contributions required by par. (a).

AB40-ASA1, s. 1145p Section 1145p. 40.05 (1) (b) 2. of the statutes is created to read:

AB40-ASA1,482,19 40.05 (1) (b) 2. a. A municipal employer shall pay, on behalf of a nonrepresented law enforcement or fire fighting managerial employee, who was initially employed by the municipal employer before the effective date of this subd. 2. a. .... [LRB inserts date], the same contributions required by par. (a) that are paid by the municipal employer for represented law enforcement or fire fighting personnel who were initially employed by the municipal employer before the effective date of this subd. 2. a. .... [LRB inserts date].

AB40-ASA1,483,2 b. An employer shall pay, on behalf of a nonrepresented managerial employee in a position described under s. 40.02 (48) (am) 7. or 8., who was initially employed by the state before the effective date of this subd. 2. b. .... [LRB inserts date], in a position described under s. 40.02 (48) (am) 7. or 8. the same contributions required by par. (a) that are paid by the employer for represented employees in positions described under s. 40.02 (48) (am) 7. or 8. who were initially employed by the state before the effective date of this subd. 2. b. .... [LRB inserts date].

AB40-ASA1,483,13 c. A municipal employer shall pay, on behalf of a represented law enforcement or fire fighting employee, who was initially employed by the municipal employer before the effective date of this subd. 2. c. .... [LRB inserts date], and who on or after the effective date of this subd. 2. c. .... [LRB inserts date], became employed in a nonrepresented law enforcement or fire fighting managerial position with the same municipal employer, or a successor municipal employer in the event of a combined department that is created on or after the effective date of this subd. 2. c. .... [LRB inserts date], the same contributions required by par. (a) that are paid by the employer for represented law enforcement or fire fighting personnel who were initially employed by a municipal employer before the effective date of this subd. 2. c. .... [LRB inserts date].

AB40-ASA1, s. 1145s Section 1145s. 40.05 (4) (at) of the statutes is created to read:

AB40-ASA1,483,21 40.05 (4) (at) An employer shall pay, on behalf of a nonrepresented managerial employee in a position described under s. 40.02 (48) (am) 7. or 8., who was initially employed by the state before the effective date of this paragraph .... [LRB inserts date], the same premium contribution rates required by par. (ag) that are paid by the employer for represented employees in positions described under s. 40.02 (48) (am) 7. or 8. who were initially employed by the state before the effective date of this paragraph .... [LRB inserts date].

AB40-ASA1, s. 1146 Section 1146. 40.05 (4) (b) of the statutes is amended to read:

AB40-ASA1,485,5 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, 238.04 (8), and 757.02 (5) and subch. I, V, or VI 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 highest basic pay rate he or she received while employed by the state, 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. 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, 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 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).

AB40-ASA1, s. 1147 Section 1147. 40.05 (4) (bm) of the statutes is amended to read:

AB40-ASA1,485,20 40.05 (4) (bm) Except as provided under par. (bp), accumulated unused sick leave under ss. 36.30 and 230.35 (2) or, 233.10, or 238.04 (8) of any eligible employee shall, upon request of the employee at the time the employee is subject to layoff under s. 40.02 (40), be converted at the employee's highest basic pay rate he or she received while employed by the state to credits for payment of health insurance premiums on behalf of the employee. 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 amount of the required employee contribution for any eligible employee who is insured at the time of the layoff shall be deducted from the credits until the credits are exhausted, the employee is reemployed, or 5 years have elapsed from the date of layoff, whichever occurs first.

AB40-ASA1, s. 1153 Section 1153. 40.05 (5) (b) 4. of the statutes is amended to read:

AB40-ASA1,485,24 40.05 (5) (b) 4. The accrual and crediting of sick leave shall be determined in accordance with ss. 13.121 (4), 36.30, 230.35 (2), 233.10, 238.04 (8), and 757.02 (5) and subch. I, V, or VI of ch. 111.

AB40-ASA1, s. 1153d Section 1153d. 40.22 (2) (a) of the statutes is amended to read:

AB40-ASA1,486,4 40.22 (2) (a) Except as provided in sub. (2m), the employee was initially employed by a participating employer before the effective date of this paragraph .... [LRB inserts date], and is not expected to work at least one-third of what is considered full-time employment by the department, as determined by rule.

AB40-ASA1, s. 1153h Section 1153h. 40.22 (2) (am) of the statutes is created to read:

AB40-ASA1,486,9 40.22 (2) (am) Except as provided in sub. (2r), the employee was initially employed by a participating employer on or after the effective date of this paragraph .... [LRB inserts date], and is not expected to work at least two-thirds of what is considered full-time employment by the department, as determined by rule.

AB40-ASA1, s. 1156 Section 1156. 40.22 (2) (m) of the statutes is amended to read:

AB40-ASA1,486,17 40.22 (2) (m) Notwithstanding sub. (3m), the employee was formerly employed by Milwaukee County, is a state employee described in s. 49.825 (4) or (5) or 49.826 (4), and elects to remain is a covered employee under the retirement system established under chapter 201, laws of 1937, pursuant to s. 49.825 (4) (c) or (5) (c) or 49.826 (4) (c). This paragraph shall not apply if the employee remains a state employee, but is no longer performing services for the Milwaukee County enrollment services unit under s. 49.825 or the child care provider services unit under s. 49.826.

AB40-ASA1, s. 1156c Section 1156c. 40.22 (2m) (intro.) of the statutes is amended to read:

AB40-ASA1,486,25 40.22 (2m) (intro.) An employee who was initially employed by a participating employer before the effective date of this subsection .... [LRB inserts date], who is not expected to work at least one-third of what is considered full-time employment by the department, as determined by rule, and who is not otherwise excluded under sub. (2) from becoming a participating employee shall become a participating employee if he or she is subsequently employed by the state agency or other participating employer for either of the following periods:

AB40-ASA1, s. 1156e Section 1156e. 40.22 (2r) of the statutes is created to read:

AB40-ASA1,487,8 40.22 (2r) An employee who was initially employed by a participating employer on or after the effective date of this subsection .... [LRB inserts date], who is not expected to work at least two-thirds of what is considered full-time employment by the department, as determined by rule, and who is not otherwise excluded under sub. (2) from becoming a participating employee shall become a participating employee if he or she is subsequently employed by the state agency or other participating employer for either of the following periods:

AB40-ASA1,487,12 (a) At least one year for at least two-thirds of what is considered full-time employment by the department, as determined by rule, or, for an educational support personnel employee, at least one year for at least two-thirds of what is considered full-time employment for a teacher.

AB40-ASA1,487,13 (b) At least 1,200 hours in the immediately preceding 12-month period.

AB40-ASA1, s. 1156f Section 1156f. 40.22 (3) (b) of the statutes is renumbered 40.22 (3) (b) 1.

AB40-ASA1, s. 1156g Section 1156g. 40.22 (3) (b) 2. of the statutes is created to read:

AB40-ASA1,487,19 40.22 (3) (b) 2. The first day after completion of one year of employment for at least two-thirds of what is considered full-time employment by the department, as determined by rule, if the person becomes a participating employee under sub. (2r) after the employer's effective date of participation.

AB40-ASA1, s. 1156k Section 1156k. 40.23 (2m) (er) of the statutes is created to read:

AB40-ASA1,487,23 40.23 (2m) (er) For a participant who initially becomes a participating employee on or after the effective date of this paragraph .... [LRB inserts date], all of the following shall apply:

AB40-ASA1,487,25 1. If the participant has less than 1 year of creditable service, the annuity amount under par. (e) shall be reduced by 50 percent.

AB40-ASA1,488,3 2. If the participant has at least 1 year of creditable service, but less than 2 years of creditable service, the annuity amount under par. (e) shall be reduced by 40 percent.

AB40-ASA1,488,6 3. If the participant has at least 2 years of creditable service, but less than 3 years of creditable service, the annuity amount under par. (e) shall be reduced by 30 percent.

AB40-ASA1,488,9 4. If the participant has at least 3 years of creditable service, but less than 4 years of creditable service, the annuity amount under par. (e) shall be reduced by 20 percent.

AB40-ASA1,488,12 5. If the participant has at least 4 years of creditable service, but less than 5 years of creditable service, the annuity amount under par. (e) shall be reduced by 10 percent.

AB40-ASA1, s. 1156p Section 1156p. 40.23 (3) of the statutes is renumbered 40.23 (3) (a) and amended to read:

AB40-ASA1,488,23 40.23 (3) (a) The Except as provided in par. (b), the initial monthly amount of any retirement annuity in the normal form shall not be less than the money purchase annuity which can be provided by applying the sum of the participant's accumulated additional and required contributions, including interest credited to the accumulations, plus an amount from the employer accumulation reserve equal to the participant's accumulated required contributions, less any accumulated contributions to purchase other governmental service under s. 40.25 (7), 2001 stats., or s. 40.285 (2) (b) to fund the annuity in accordance with the actuarial tables in effect on the annuity effective date.

AB40-ASA1, s. 1156t Section 1156t. 40.23 (3) (b) of the statutes is created to read:

AB40-ASA1,489,4 40.23 (3) (b) For a participant who initially becomes a participating employee on or after the effective date of this paragraph .... [LRB inserts date], all of the following shall apply for purposes of calculating a money purchase annuity under par. (a):

AB40-ASA1,489,6 1. If the participant has less than 1 year of creditable service, there shall be no amount from the employer accumulation reserve.

AB40-ASA1,489,9 2. If the participant has at least 1 year of creditable service, but less than 2 years of creditable service, the amount from the employer accumulation reserve shall equal 20 percent of the participant's accumulated required contributions.

AB40-ASA1,489,12 3. If the participant has at least 2 years of creditable service, but less than 3 years of creditable service, the amount from the employer accumulation reserve shall equal 40 percent of the participant's accumulated required contributions.

AB40-ASA1,489,15 4. If the participant has at least 3 years of creditable service, but less than 4 years of creditable service, the amount from the employer accumulation reserve shall equal 60 percent of the participant's accumulated required contributions.

AB40-ASA1,489,18 5. If the participant has at least 4 years of creditable service, but less than 5 years of creditable service, the amount from the employer accumulation reserve shall equal 80 percent of the participant's accumulated required contributions.

AB40-ASA1, s. 1156y Section 1156y. 40.51 (7) of the statutes, as affected by 2011 Wisconsin Act 10, is renumbered 40.51 (7) (a) and amended to read:

AB40-ASA1,490,7 40.51 (7) (a) Any employer, other than the state, may offer to all of its employees a health care coverage plan through a program offered by the group insurance board. Notwithstanding sub. (2) and ss. 40.05 (4) and 40.52 (1), the department may by rule establish different eligibility standards or contribution requirements for such employees and employers and may by rule limit the categories of employers, other than the state, which may be included as participating employers under this subchapter. Beginning on January 1, 2012, except as otherwise provided in a collective bargaining agreement under subch. IV of ch. 111 and except as provided in par. (b), an employer may not offer a health care coverage plan to its employees under this subsection if the employer pays more than 88 percent of the average premium cost of plans offered in any tier with the lowest employee premium cost under this subsection.

AB40-ASA1, s. 1156yr Section 1156yr. 40.51 (7) (b) of the statutes is created to read:

AB40-ASA1,490,15 40.51 (7) (b) 1. A municipal employer shall pay, on behalf of a nonrepresented law enforcement or fire fighting managerial employee, who was initially employed by the municipal employer before the effective date of this subdivision .... [LRB inserts date], the same percentage under par. (a) that is paid by the municipal employer for represented law enforcement or fire fighting personnel who were initially employed by the municipal employer before the effective date of this subdivision .... [LRB inserts date].

AB40-ASA1,491,2 2. A municipal employer shall pay, on behalf of a represented law enforcement or fire fighting employee, who was initially employed by the municipal employer before the effective date of this subdivision .... [LRB inserts date], and who on or after the effective date of this subdivision .... [LRB inserts date], became employed in a nonrepresented law enforcement or fire fighting managerial position with the same municipal employer, or a successor municipal employer in the event of a combined department that is created on or after the effective date of this subdivision .... [LRB inserts date], the same percentage under par. (a) that is paid by the municipal employer for represented law enforcement or fire fighting personnel who were initially employed by the municipal employer before the effective date of this subdivision .... [LRB inserts date].

AB40-ASA1, s. 1160 Section 1160. 40.55 (1) of the statutes is amended to read:

AB40-ASA1,491,11 40.55 (1) Except as provided in sub. (5), the state shall offer, through the group insurance board, to eligible employees under s. 40.02 (25) (bm) and to state annuitants long-term care insurance policies which have been filed with the office of the commissioner of insurance and which have been approved for offering under contracts established by the group insurance board if the insurer requests that the policy be offered and the. The state shall also allow an eligible employee or a state annuitant to purchase those policies for his or her spouse, domestic partner, or parent.

AB40-ASA1, s. 1161 Section 1161. 40.62 (2) of the statutes is amended to read:

AB40-ASA1,491,16 40.62 (2) Sick leave accumulation shall be determined in accordance with rules of the department, any collective bargaining agreement under subch. I, V, or VI of ch. 111, and ss. 13.121 (4), 36.30, 49.825 (4) (d) and (5) (d), 49.826 (4) (d), 230.35 (2), 233.10, 238.04 (8), 757.02 (5) and 978.12 (3).

AB40-ASA1, s. 1163 Section 1163. 40.95 (1) (a) 1. of the statutes is amended to read:

AB40-ASA1,491,19 40.95 (1) (a) 1. The employee accrues accumulated unused sick leave under s. 13.121 (4), 36.30, 230.35 (2), 233.10, 238.04 (8), or 757.02 (5).

AB40-ASA1, s. 1164 Section 1164. 41.11 (1g) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,491,23 41.11 (1g) (b) (intro.) The department, in consultation with the department of commerce Wisconsin Economic Development Corporation, shall do all of the following for each economic development program administered by the department:

AB40-ASA1, s. 1165 Section 1165. 41.11 (1r) (title) of the statutes is amended to read:

AB40-ASA1,492,2 41.11 (1r) (title) Economic development assistance coordination and reporting.