SB40: Bill Text

SB40,483,3 (b) By April 1 of each year, the 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, and the average of the tuition and fees charged for the current academic year among the tribally controlled colleges in this state.

SB40,483,7 (5) Rules. The board shall promulgate rules to implement this section, including rules establishing a reporting system to periodically provide student economic data and any other rules the board considers necessary to assure the uniform administration of this section.

SB40, s. 749 Section 749. 39.50 of the statutes is created to read:

SB40,483,20 39.50 Remission of fees for veterans and dependents. (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. 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 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.

SB40,484,3 (2) Technical colleges. At the end of each semester, each technical college district board shall certify to the board the number of students enrolled in the technical college governed by the district board to whom any fees have been remitted under s. 38.24 (7) or (8), the number of credits for which those fees have been remitted, and the amount of those fees remitted. 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 district board for the amount of fees remitted.

SB40, s. 750 Section 750. 40.02 (17) (intro.) of the statutes is amended to read:

SB40,484,20 40.02 (17) (intro.) "Creditable service" means the creditable current and prior service, expressed in years and fractions of a year to the nearest one-hundredth, for which a participating employee receives or is considered to receive earnings under sub. (22) (e) or (em) and for which contributions have been made as required by s. 40.05 (1) and (2) and creditable military service, service credited under s. 40.285 (2) (b) and service credited under s. 40.29, expressed in years and fractions of years to the nearest one-hundredth. How much service in any annual earnings period is the full-time equivalent of one year of creditable service shall be determined by rule by the department and the rules may provide for differing equivalents for different types of employment, except that the full-time equivalent of one year of creditable service for an educational support personnel employee is 1,320 hours. Except as provided under s. 40.285 (2) (e) and (f), the amount of creditable service for periods prior to January 1, 1982, shall be the amount for which the participant was eligible under the applicable laws and rules in effect prior to January 1, 1982. No more than one year of creditable service shall be granted for any annual earnings period. Creditable service is determined in the following manner for the following persons:

SB40, s. 751 Section 751. 40.02 (20) of the statutes is renumbered 40.02 (20) (intro.) and amended to read:

SB40,484,23 40.02 (20) (intro.) "Dependent" means the:

SB40,485,5 (a) Except as provided in par. (b), the spouse, minor child, including stepchildren of the current marriage dependent on the employee for support and maintenance, or child of any age, including stepchildren of the current marriage, if handicapped to an extent requiring continued dependence. For group insurance purposes only, the department may promulgate rules with a different definition of "dependent" than the one otherwise provided in this subsection paragraph for each group insurance plan.

SB40, s. 752 Section 752. 40.02 (20) (b) of the statutes is created to read:

SB40,485,13 40.02 (20) (b) For a state employee or for an annuitant who was employed by a state agency on the day on which he or she terminated covered employment, the spouse, domestic partner, minor child, including stepchildren of the current marriage or children of a domestic partner dependent on the employee for support and maintenance, or child of any age, including stepchildren of the current marriage or children of a domestic partner, if handicapped to an extent requiring continued dependence.

SB40, s. 753 Section 753. 40.02 (21c) of the statutes is created to read:

SB40,485,15 40.02 (21c) "Domestic partner" means an individual in a domestic partnership.

SB40, s. 754 Section 754. 40.02 (21d) of the statutes is created to read:

SB40,485,18 40.02 (21d) "Domestic partnership" means a relationship between 2 individuals that satisfies all of the following:

SB40,485,20 (a) Each individual is at least 18 years old and otherwise competent to enter into a contract.

SB40,485,22 (b) Neither individual is married to, or in a domestic partnership with, another individual.

SB40,485,24 (c) The 2 individuals are not related by blood in any way that would prohibit marriage under s. 765.03.

SB40,486,2 (d) The 2 individuals consider themselves to be members of each other's immediate family.

SB40,486,4 (e) The 2 individuals agree to be responsible for each other's basic living expenses.

SB40, s. 755 Section 755. 40.02 (25) (b) 8. of the statutes is amended to read:

SB40,486,8 40.02 (25) (b) 8. Any other state employee for whom coverage is authorized under a collective bargaining agreement pursuant to subch. I or, V, or VI of ch. 111 or under s. 230.12 or 233.10.

SB40, s. 756 Section 756. 40.02 (28) of the statutes is amended to read:

SB40,486,19 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 and a family long-term care district created under s. 46.2895, except as provided under ss. 40.51 (7) and 40.61 (3) and subch. X. "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.

SB40, s. 757 Section 757 . 40.02 (28) of the statutes, as affected by 1999 Wisconsin Act 65, is amended to read:

SB40,487,6 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 and a family 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.

SB40, s. 758 Section 758. 40.02 (33) (d) of the statutes is created to read:

SB40,487,9 40.02 (33) (d) For an educational support personnel employee, the amount calculated under par. (a) multiplied by 1.25.

SB40, s. 759 Section 759. 40.02 (36) of the statutes is amended to read:

SB40,487,20 40.02 (36) "Governing body" means the legislature or the head of each state agency with respect to employees of that agency for the state, the common council in cities, the village board in villages, the town board in towns, the county board in counties, the school board in school districts, or the board, commission or other governing body having the final authority for any other unit of government, for any agency or instrumentality of 2 or more units of government, for 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, for a local exposition district created under subch. II of ch. 229 or for a family long-term care district created under s. 46.2895, but does not include a local cultural arts district created under subch. V of ch. 229.

SB40, s. 760 Section 760. 40.02 (54) (k) of the statutes is created to read:

SB40,487,22 40.02 (54) (k) The Healthy Wisconsin Authority.

SB40, s. 761 Section 761. 40.02 (54) (L) of the statutes is created to read:

SB40,487,24 40.02 (54) (L) The Health Insurance Risk-Sharing Plan Authority.

SB40, s. 762 Section 762. 40.05 (1) (b) of the statutes is amended to read:

SB40,489,3 40.05 (1) (b) In lieu of employee payment, the employer may pay all or part of the contributions required by par. (a), but all the payments shall be available for benefit purposes to the same extent as required contributions deducted from earnings of the participating employees. Action to assume employee contributions as provided under this paragraph shall be taken at the time and in the form determined by the governing body of the participating employer. The state shall pay under this paragraph for employees who are covered by a collective bargaining agreement under subch. V or VI of ch. 111 and for employees whose fringe benefits are determined under s. 230.12 an amount equal to 4% of the earnings paid by the state unless otherwise provided in a collective bargaining agreement under subch. V or VI of ch. 111 or unless otherwise determined under s. 230.12. The University of Wisconsin Hospitals and Clinics Authority shall pay under this paragraph for employees who are covered by a collective bargaining agreement under subch. I of ch. 111 and for employees whose fringe benefits are determined under s. 233.10 an amount equal to 4% of the earnings paid by the authority unless otherwise provided in a collective bargaining agreement under subch. I of ch. 111 or unless otherwise determined under s. 233.10. The state shall pay under this paragraph for employees who are not covered by a collective bargaining agreement under subch. V or VI of ch. 111 and for employees whose fringe benefits are not determined under s. 230.12 an amount equal to 4% of the earnings paid by the state unless a different amount is recommended by the director of the office of state employment relations and approved by the joint committee on employment relations in the manner provided for approval of changes in the compensation plan under s. 230.12 (3). The University of Wisconsin Hospitals and Clinics Authority shall pay under this paragraph for its employees who are not covered by a collective bargaining agreement under subch. I of ch. 111 an amount equal to 4% of the earnings paid by the authority unless a different amount is established by the board of directors of the authority under s. 233.10.

SB40, s. 763 Section 763. 40.05 (4) (a) 2. of the statutes is amended to read:

SB40,489,18 40.05 (4) (a) 2. For an insured employee who is an eligible employee under s. 40.02 (25) (a) 2. or (b) 1m., the employer shall pay required employer contributions toward the health insurance premium of the insured employee beginning on the date on which the employee becomes insured. For an insured state employee who is currently employed, but who is not a limited term appointment under s. 230.26 or an eligible employee under s. 40.02 (25) (a) 2. or (b) 1m., the employer shall pay required employer contributions toward the health insurance premium of the insured employee beginning on the first day of the 7th 3rd month beginning after the date on which the employee begins employment with the state, not including any leave of absence. For an insured employee who has a limited term appointment under s. 230.26, the employer shall pay required employer contributions toward the health insurance premium of the insured employee beginning on the first day of the 7th month beginning after the date on which the employee first becomes a participating employee.

SB40, s. 764 Section 764. 40.05 (4) (ag) (intro.) of the statutes is amended to read:

SB40,489,23 40.05 (4) (ag) (intro.) Beginning on January 1, 2004, except as otherwise provided in accordance with a collective bargaining agreement under subch. I or, V, or VI of ch. 111 or s. 230.12 or 233.10, the employer shall pay for its currently employed insured employees:

SB40, s. 765 Section 765. 40.05 (4) (ar) of the statutes is amended to read:

SB40,490,8 40.05 (4) (ar) The employer shall pay under par. (a) for employees who are not covered by a collective bargaining agreement under subch. I or, V, or VI of ch. 111 and for employees whose health insurance premium contribution rates are not determined under s. 230.12 or 233.10 an amount equal to the amount specified in par. (ag) unless a different amount is recommended by the director of the office of state employment relations and approved by the joint committee on employment relations in the manner provided for approval of changes in the compensation plan under s. 230.12 (3).

SB40, s. 766 Section 766. 40.05 (4) (b) of the statutes is amended to read:

SB40,491,17 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, 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).

SB40, s. 767 Section 767. 40.05 (4) (bw) of the statutes is amended to read:

SB40,492,4 40.05 (4) (bw) On converting accumulated unused sick leave to credits for the payment of health insurance premiums under par. (b), the department shall add additional credits, calculated in the same manner as are credits under par. (b), that are based on a state employee's accumulated sabbatical leave or earned vacation leave from the state employee's last year of service prior to retirement, or both. The department shall apply the credits awarded under this paragraph for the payment of health insurance premiums only after the credits awarded under par. (b) are exhausted. This paragraph applies only to state employees who are eligible for accumulated unused sick leave conversion under par. (b) and who are entitled to the benefits under this paragraph pursuant to a collective bargaining agreement under subch. V or VI of ch. 111.

SB40, s. 768 Section 768. 40.05 (4g) (a) 4. of the statutes is amended to read:

SB40,492,10 40.05 (4g) (a) 4. Has received a military leave of absence under s. 230.32 (3) (a) or 230.35 (3), under a collective bargaining agreement under subch. V or VI of ch. 111 or under rules promulgated by the director of the office of state employment relations or is eligible for reemployment with the state under s. 21.79 after completion of his or her service in the U.S. armed forces.

SB40, s. 769 Section 769. 40.05 (5) (intro.) of the statutes is amended to read:

SB40,492,16 40.05 (5) Income continuation insurance premiums. (intro.) For the income continuation insurance provided under subch. V the employee shall pay the amount remaining after the employer has contributed the following or, if different, the amount determined under a collective bargaining agreement under subch. I or, V, or VI of ch. 111 or s. 230.12 or 233.10:

SB40, s. 770 Section 770. 40.05 (5) (b) 4. of the statutes is amended to read:

SB40,492,20 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 and 757.02 (5) and subch. I or, V, or VI of ch. 111.

SB40, s. 771 Section 771. 40.05 (6) (a) of the statutes is amended to read:

SB40,493,4 40.05 (6) (a) Except as otherwise provided in accordance with a collective bargaining agreement under subch. I or, V, or VI of ch. 111 or s. 230.12 or 233.10, each insured employee under the age of 70 and annuitant under the age of 65 shall pay for group life insurance coverage a sum, approved by the group insurance board, which shall not exceed 60 cents monthly for each $1,000 of group life insurance, based upon the last amount of insurance in force during the month for which earnings are paid. The equivalent premium may be fixed by the group insurance board if the annual compensation is paid in other than 12 monthly installments.

SB40, s. 772 Section 772. 40.22 (2) (a) of the statutes is amended to read:

SB40,493,9 40.22 (2) (a) Except as provided in sub. (2m), the employee is not expected to work at least one-third of what is considered full-time employment by the department, as determined by rule, or, for an educational support personnel employee, as specified under s. 40.02 (17) (intro.).

SB40, s. 773 Section 773. 40.22 (2m) (intro.) of the statutes is amended to read:

SB40,493,17 40.22 (2m) (intro.) An employee who is not expected to work at least one-third of what is considered full-time employment by the department, as determined by rule, or, for an educational support personnel employee, as specified under s. 40.02 (17) (intro.), 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:

SB40, s. 774 Section 774. 40.22 (2m) (a) of the statutes is amended to read:

SB40,493,21 40.22 (2m) (a) At least one year for at least one-third of what is considered full-time employment by the department, as determined by rule, or, for an educational support personnel employee, as specified under s. 40.02 (17) (intro.).

SB40, s. 775 Section 775. 40.22 (3) (b) of the statutes is amended to read:

SB40,494,2 40.22 (3) (b) The first day after completion of one year of employment for at least one-third of what is considered full-time employment by the department, as determined by rule, or, for an educational support personnel employee, as specified under s. 40.02 (17) (intro.), if the person becomes a participating employee under sub. (2m) after the employer's effective date of participation.

SB40, s. 776 Section 776. 40.51 (8) of the statutes is amended to read:

SB40,494,7 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 (6), 632.895 (5m) and (8) to (14) (15), and 632.896.

SB40, s. 777 Section 777. 40.51 (8m) of the statutes is amended to read:

SB40,494,11 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, and 632.895 (11) to (14) (15).

SB40, s. 778 Section 778. 40.62 (2) of the statutes is amended to read:

SB40,494,15 40.62 (2) Sick leave accumulation shall be determined in accordance with rules of the department, any collective bargaining agreement under subch. I or, V, or VI of ch. 111, and ss. 13.121 (4), 36.30, 230.35 (2), 233.10, 757.02 (5) and 978.12 (3).

SB40, s. 779 Section 779. 40.80 (3) of the statutes is amended to read:

SB40,494,18 40.80 (3) Any action taken under this section shall apply to employees covered by a collective bargaining agreement under subch. V or VI of ch. 111.

SB40, s. 780 Section 780. 40.81 (3) of the statutes is amended to read:

SB40,494,21 40.81 (3) Any action taken under this section shall apply to employees covered by a collective bargaining agreement under subch. IV or , V, or VI of ch. 111.

SB40, s. 781 Section 781. 40.95 (1) (a) 2. of the statutes is amended to read:

SB40,494,24 40.95 (1) (a) 2. The employee has his or her compensation established in a collective bargaining agreement under subch. V or VI of ch. 111.

SB40, s. 782 Section 782. 44.02 (28) of the statutes is created to read:

SB40,495,3 44.02 (28) Annually distribute the amount appropriated under s. 20.245 (1) (b) as a grant to the Wisconsin Black Historical Society and Museum to fund the operations of that society and museum.

SB40, s. 783 Section 783. 45.03 (20) of the statutes is amended to read:

SB40,495,11 45.03 (20) Transfer of funds to the veterans trust fund. If the balance in the appropriation account under s. 20.485 (1) (gk) is in excess of the amount needed for the care of the members of the Wisconsin veterans homes under s. 45.50 and the payment of stipends under s. 45.50 (9) during fiscal year 2006-07 2007-08 or 2008-09, the department may transfer the excess moneys to the veterans trust fund. The total amount transferred under this subsection may not exceed $16,000,000 $7,000,000.

SB40, s. 784 Section 784. 45.20 (2) (d) 2. b. of the statutes is amended to read:

SB40,495,16 45.20 (2) (d) 2. b. A statement that the veteran is not delinquent in child support or maintenance payments and does not owe past support, medical expenses or birth expenses, signed by the department of workforce development children and families or its designee within 7 working days before the date of the application.

SB40, s. 785 Section 785. 45.33 (2) (b) 1. b. of the statutes is amended to read:

SB40,495,21 45.33 (2) (b) 1. b. A statement that the person is not delinquent in child support or maintenance payments and does not owe past support, medical expenses, or birth expenses, signed by the department of workforce development children and families or its designee within 7 working days before the date of the application.

SB40, s. 786 Section 786. 45.42 (6) (b) of the statutes is amended to read:

SB40,496,2 45.42 (6) (b) Provides to the department a statement that the applicant is not delinquent in child support or maintenance payments and does not owe past support, medical expenses, or birth expenses, signed by the department of workforce development children and families or its designee within 7 working days before the date of the application.

SB40, s. 787 Section 787. 45.51 (10) (b) of the statutes is amended to read:

SB40,496,10 45.51 (10) (b) Except where a sale occurs under s. 16.848, the The department may manage, sell, lease, or transfer property passing to the state pursuant to this section or conveyed to it by members, defend and prosecute all actions concerning it, pay all just claims against it, and do all other things necessary for the protection, preservation, and management of the property. All expenditures necessary for the execution of functions under this paragraph or sub. (14) shall be made from the appropriation in s. 20.485 (1) (h).

SB40, s. 788 Section 788. 45.51 (13) (intro.) of the statutes is amended to read:

SB40,496,16 45.51 (13) Additional eligibility requirements for skilled nursing facilities. (intro.) Any person admitted to a skilled nursing facility at a veterans home shall meet the eligibility requirements under ss. 49.45 and 49.46, and, if applicable, s. 49.471 and rules promulgated under those sections during residence at the skilled nursing facility except if any of the following apply: