SB40: Bill Text

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:

SB40, s. 789 Section 789. 45.51 (13) (a) of the statutes is amended to read:

SB40,496,22 45.51 (13) (a) Persons with sufficient income and resources to meet the expenses of care for one or more months may be admitted to the skilled nursing facility but shall apply income and resources to costs to the extent required under ss. 49.45 and 49.46, and, if applicable, s. 49.471 and rules promulgated under those sections.

SB40, s. 790 Section 790. 45.51 (13) (b) of the statutes is amended to read:

SB40,497,4 45.51 (13) (b) Persons who meet all the requirements of this section but whose degree of physical disability does not meet the minimum requirements under ss. 49.45 and 49.46 and rules promulgated under those sections may be admitted to the skilled nursing facility but shall apply income and resources to costs to the extent required by ss. 49.45 and 49.46, and, if applicable, s. 49.471 and rules promulgated under those sections.

SB40, s. 791 Section 791. 45.61 (2) (a) of the statutes is amended to read:

SB40,497,9 45.61 (2) (a) A person who died while on active duty or who was discharged or released from active duty in the U.S. armed forces under honorable conditions other than dishonorable and who was a resident of this state at the time of his or her entry or reentry into active service and his or her dependent child and surviving spouse.

SB40, s. 792 Section 792. 45.61 (2) (b) of the statutes is amended to read:

SB40,497,14 45.61 (2) (b) A person who was discharged or released from active duty in the U.S. armed forces under honorable conditions other than dishonorable and who was a resident of this state at the time of his or her death and his or her dependent child and surviving spouse.

SB40, s. 793 Section 793. 46.001 of the statutes is amended to read:

SB40,497,25 46.001 Purposes of chapter. The purposes of this chapter are to conserve human resources in Wisconsin; to provide a just and humane program of services to children and unborn children in need of protection or services, nonmarital children and the expectant mothers of those unborn children; to prevent dependency, mental illness, developmental disability, mental infirmity, and other forms of social maladjustment by a continuous attack on causes; to provide effective aid and services to all persons in need thereof of that aid and those services and to assist those persons to achieve or regain self-dependence at the earliest possible date; to avoid duplication and waste of effort and money on the part of public and private agencies; and to coordinate and integrate a social welfare program.

SB40, s. 794 Section 794. 46.011 (intro.) of the statutes is amended to read:

SB40,498,2 46.011 Definitions. (intro.) In chs. 46, 48, 50, 51, 54, 55, and 58:

SB40, s. 795 Section 795. 46.011 (1g) of the statutes is created to read:

SB40,498,6 46.011 (1g) "Disabled children's long-term support program" means the programs described under 2001 Wisconsin Act 16, section 9123 (16rs), and 2003 Wisconsin Act 33, section 9124 (8c).

SB40, s. 796 Section 796. 46.014 (4) of the statutes is renumbered 49.265 (6) and amended to read:

SB40,498,13 49.265 (6) Reports. At least annually, the secretary shall submit a report to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), concerning activities of community action agencies under s. 46.30 this section and their effectiveness in promoting social and economic opportunities for poor persons.

SB40, s. 797 Section 797. 46.016 of the statutes is amended to read:

SB40,498,18 46.016 Cooperation with federal government. The department may cooperate with the federal government in carrying out federal acts concerning public assistance, social security, child welfare and youth services, mental hygiene, services for the blind, and in other matters of mutual concern pertaining to public welfare.

SB40, s. 798 Section 798. 46.02 of the statutes is amended to read:

SB40,498,24 46.02 Agency powers and duties. Any institution which that is subject to chs. 46, 48 49 to 51, 55, and 58 and to regulation under ch. 150 shall, in cases of conflict between chs. 46, 48 49 to 51, 55, and 58 and ch. 150, be governed by ch. 150. The department shall promulgate rules and establish procedures for resolving any such controversy a conflict.

SB40, s. 799 Section 799. 46.023 of the statutes is renumbered 48.562.

SB40, s. 800 Section 800. 46.03 (4) (b) of the statutes is amended to read:

SB40,499,12 46.03 (4) (b) In order to discharge more effectively its responsibilities under this chapter and ch. 48 and other relevant provisions of the statutes, be authorized to study causes and methods of prevention and treatment of mental illness, mental deficiency, mental infirmity, and related social problems, including establishment of demonstration projects to apply and evaluate such methods in actual cases. The department is directed and authorized to utilize all powers provided by the statutes, including the authority under sub. (2a), to accept grants of money or property from federal, state, or private sources, and to enlist the cooperation of other appropriate agencies and state departments. The department may enter into agreements with local government subdivisions, departments, and agencies for the joint conduct of these projects, and it may purchase services when deemed considered appropriate.

SB40, s. 801 Section 801. 46.03 (7) (a) of the statutes is amended to read:

SB40,499,21 46.03 (7) (a) Promote the enforcement of laws for the protection of developmentally disabled children, children and unborn children in need of protection or services and nonmarital children; and to this end cooperate with courts assigned to exercise jurisdiction under chs. 48 and 938, licensed child welfare agencies, and public and private institutions and take the initiative in all matters involving the interests of those children and unborn children when adequate provision for those interests has not already been made, including the establishment and enforcement of standards for services provided under ss. 48.345 and 48.347.

SB40, s. 802 Section 802. 46.03 (7) (bm) of the statutes is amended to read: