AB75: Bill Text

AB75,493,3 4. If the spouse or domestic partner dies, but has designated a new beneficiary, the birth date of the spouse or domestic partner shall be used for the purposes of determining the required beginning date.

AB75,493,6 5. The department shall specify by rule all procedures relating to an automatic distribution to the spouse or domestic partner. These rules shall comply with the internal revenue code.

AB75, s. 798 Section 798. 40.23 (4) (f) (intro.) of the statutes is amended to read:

AB75,493,10 40.23 (4) (f) (intro.) If a participant dies before the distribution of benefits has commenced and the participant's beneficiary is not the spouse or domestic partner, the beneficiary shall do one of the following:

AB75, s. 799 Section 799. 40.24 (7) (a) (intro.) of the statutes is amended to read:

AB75,493,25 40.24 (7) (a) (intro.) Any participant who has been married to the same spouse, or in a domestic partnership with the same domestic partner, for at least one year immediately preceding the participant's annuity effective date shall elect the annuity option under sub. (1) (d), the annuity option under sub. (1) (e), if the reduced annuity under sub. (1) (e) is payable in an optional life form provided under sub. (1) (d), or an annuity option in a form provided by rule, if the annuity is payable for life with monthly payments of at least 75% of the amount of the annuity to be continued to the beneficiary, for life, upon the death of the participant, and the participant shall designate the spouse or domestic partner as the beneficiary, unless the participant's application for a retirement annuity in a different optional annuity form is signed by both the participant and the participant's spouse or domestic partner or unless the participant establishes to the satisfaction of the department that, by reason of absence or other inability, the spouse's or domestic partner's signature may not be obtained. This subsection does not apply to any of the following:

AB75, s. 800 Section 800. 40.24 (7) (b) of the statutes is amended to read:

AB75,494,13 40.24 (7) (b) In administering this subsection, the secretary may require the participant to provide the department with a certification of the participant's marital or domestic partnership status and of the validity of the spouse's or domestic partner's signature. If a participant is exempted from the requirements under par. (a) on the basis of a certification which the department or a court subsequently determines to be invalid, the liability of the fund and the department shall be limited to a conversion of annuity options at the time the certification is determined to be invalid. The conversion shall be from the present value of the annuity in the optional form originally elected by the participant to an annuity with the same present value but in the optional form under sub. (1) (d) and with monthly payments of 100% of the amount of the annuity paid to the annuitant to be continued to the spouse or domestic partner beneficiary.

AB75, s. 801 Section 801. 40.25 (3m) of the statutes is amended to read:

AB75,494,23 40.25 (3m) A participant's application for a lump sum payment under sub. (1) (b) or (2), filed after May 7, 1994, shall be signed by both the participant and the participant's spouse or domestic partner, if the participant has been married to that spouse, or in a domestic partnership with that domestic partner, for at least one year immediately preceding the date the application is filed. The department may promulgate rules that allow for the waiver of the requirements of this subsection for a situation in which, by reason of absence or incompetency, the spouse's or domestic partner's signature may not be obtained. This subsection does not apply to any benefits paid from accumulated additional contributions.

AB75, s. 802 Section 802. 40.52 (2) of the statutes is amended to read:

AB75,495,13 40.52 (2) Health insurance benefits under this subchapter shall be integrated, with exceptions determined appropriate by the group insurance board, with benefits under federal plans for hospital and health care for the aged and disabled. Exclusions and limitations with respect to benefits and different rates may be established for persons eligible under federal plans for hospital and health care for the aged and disabled in recognition of the utilization by persons within the age limits eligible under the federal program. The plan may include special provisions for spouses, domestic partners, and other dependents covered under a plan established under this subchapter where one spouse or domestic partner is eligible under federal plans for hospital and health care for the aged but the others are not eligible because of age or other reasons. As part of the integration, the department may, out of premiums collected under s. 40.05 (4), pay premiums for the federal health insurance.

AB75, s. 803 Section 803. 40.53 of the statutes is renumbered 146.45, and 146.45 (2) and (3), as renumbered, are amended to read:

AB75,495,25 146.45 (2) The group insurance board department shall develop a purchasing pool for pharmacy benefits that uses a preferred list of covered prescription drugs. The pool shall consist of the state and any eligible party that satisfies the conditions established under sub. (3) for joining the pool. The group insurance board department shall seek to develop the preferred list of covered prescription drugs under an evidence-based analysis that first identifies the relative effectiveness of prescription drugs within therapeutic classes for particular diseases and conditions and next identifies the least costly prescription drugs, including prescription drugs with generic names that are alternatives to prescription drugs with brand names, among those found to be equally effective.

AB75,496,2 (3) The group insurance board department shall propose conditions that an eligible party must satisfy to join the purchasing pool established under sub. (2).

AB75, s. 804 Section 804. 40.55 (1) of the statutes is amended to read:

AB75,496,11 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 state shall also allow an eligible employee or a state annuitant to purchase those policies for his or her spouse, domestic partner, or parent.

AB75, s. 805 Section 805. 40.62 (2) of the statutes is amended to read:

AB75,496,15 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).

AB75, s. 806 Section 806. 40.65 (5) (b) 1. of the statutes is amended to read:

AB75,496,19 40.65 (5) (b) 1. Any OASDHI benefit payable to the participant or the participant's spouse, domestic partner, or a dependent because of the participant's work record.

AB75, s. 807 Section 807. 40.65 (5) (c) of the statutes is amended to read:

AB75,496,25 40.65 (5) (c) The Wisconsin retirement board may not reduce a participant's benefit because of income or benefits that are attributable to the earnings or work record of the participant's spouse, domestic partner, or other member of the participant's family, or because of income or benefits attributable to an insurance contract, including income continuation programs.

AB75, s. 808 Section 808. 40.65 (7) (am) (intro.) of the statutes is amended to read:

AB75,497,6 40.65 (7) (am) (intro.) This paragraph applies to benefits based on applications filed on or after May 3, 1988. If a protective occupation participant dies as a result of an injury or a disease for which a benefit is paid or would be payable under sub. (4), and the participant is survived by a spouse, domestic partner, or an unmarried child under the age of 18, a monthly benefit shall be paid as follows:

AB75, s. 809 Section 809. 40.65 (7) (am) 1. of the statutes is amended to read:

AB75,497,14 40.65 (7) (am) 1. To the surviving spouse or domestic partner until the surviving spouse remarries or the surviving domestic partner enters into a new domestic partnership or marries, if the spouse was married to the participant on the date that the participant was disabled under sub. (4) or the domestic partner was in a domestic partnership with the participant on the date that the participant was disabled under sub. (4), 50% of the participant's monthly salary at the time of death, but reduced by any amount payable under sub. (5) (b) 1. to 6.

AB75, s. 810 Section 810. 40.65 (7) (am) 2. of the statutes is amended to read:

AB75,497,21 40.65 (7) (am) 2. To a guardian for each of that guardian's wards who is an unmarried surviving child under the age of 18, 10% of the participant's monthly salary at the time of death, payable until the child marries, dies or reaches the age of 18, whichever occurs first. The marital or domestic partnership status of the surviving spouse or domestic partner shall have no effect on the payments under this subdivision.

AB75, s. 811 Section 811. 40.65 (7) (ar) 1. of the statutes is amended to read:

AB75,498,3 40.65 (7) (ar) 1. This paragraph applies to benefits based on applications filed on or after May 12, 1998. If a protective occupation participant, who is covered by the presumption under s. 891.455, dies as a result of an injury or a disease for which a benefit is paid or would be payable under sub. (4), and the participant is survived by a spouse, domestic partner, or an unmarried child under the age of 18, a monthly benefit shall be paid as follows:

AB75,498,10 a. To the surviving spouse or domestic partner until the surviving spouse or domestic partner remarries or enters into a new domestic partnership, if the surviving spouse was married to the participant on the date that the participant was disabled under sub. (4) or the domestic partner was in a domestic partnership with the participant on the date that the participant was disabled under sub. (4), 70% of the participant's monthly salary at the time of death, but reduced by any amount payable under sub. (5) (b) 1. to 6.

AB75,498,15 b. If there is no surviving spouse or domestic partner or the surviving spouse or domestic partner subsequently dies, to a guardian for each of that guardian's wards who is an unmarried surviving child under the age of 18, 10% of the participant's monthly salary at the time of death, payable until the child marries, dies or reaches the age of 18, whichever occurs first.

AB75, s. 812 Section 812. 40.80 (2r) (a) 2. of the statutes is amended to read:

AB75,498,20 40.80 (2r) (a) 2. Assigns all or part of a participant's accumulated assets held in a deferred compensation plan under this subchapter to a spouse, former spouse, domestic partner, former domestic partner, child, or other dependent to satisfy a family support or marital property obligation.

AB75, s. 813 Section 813. 40.80 (3) of the statutes is amended to read:

AB75,498,23 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.

AB75, s. 814 Section 814. 40.81 (3) of the statutes is amended to read:

AB75,499,2 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.

AB75, s. 815 Section 815. 40.95 (1) (a) 2. of the statutes is amended to read:

AB75,499,5 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.

AB75, s. 816 Section 816. 40.98 (1) (b) of the statutes is amended to read:

AB75,499,11 40.98 (1) (b) "Dependent" means a spouse or domestic partner, an unmarried child under the age of 19 years, an unmarried child who is a full-time student under the age of 21 years and who is financially dependent upon the parent, or an unmarried child of any age who is medically certified as disabled and who is dependent upon the parent.

AB75, s. 817 Section 817. 41.11 (6) (e) of the statutes is created to read:

AB75,499,14 41.11 (6) (e) In each fiscal year, at least $200,000 for grants to Native American Tourism of Wisconsin.

AB75, s. 818 Section 818. 43.24 (1) (a) 1. of the statutes is amended to read:

AB75,499,20 43.24 (1) (a) 1. Determine the percentage change in the total amount appropriated under s. 20.255 (3) (e) (qm) between the previous fiscal year and the current fiscal year, except that for the 2009-10 fiscal year, determine the percentage change in the total amount appropriated under s. 20.255 (3) (e), 2007 stats., and (qm) in the previous fiscal year, and s. 20.255 (3) (qm) in the current fiscal year.

AB75, s. 819 Section 819. 43.24 (1) (c) of the statutes is amended to read:

AB75,500,2 43.24 (1) (c) Beginning in the fiscal year in which the total amount of state aid appropriated for public library systems under s. 20.255 (3) (e) and (qm), as determined by the department, equals at least 11.25% of the total operating expenditures for public library services from local and county sources in the calendar year ending in that fiscal year, the amount paid to each system shall be determined by adding the result of each of the following calculations:

AB75,500,4 1. Multiply the system's percentage of the state's population by the product of the amount appropriated under s. 20.255 (3) (e) and (qm) and 0.85.

AB75,500,6 2. Multiply the system's percentage of the state's geographical area by the product of the amount appropriated under s. 20.255 (3) (e) and (qm) and 0.075.

AB75,500,12 3. Divide the sum of the payments to the municipalities and counties in the system under subch. I of ch. 79 for the current fiscal year, as reflected in the statement of estimated payments under s. 79.015, by the total of all payments under subch. I of ch. 79 for the current fiscal year, as reflected in the statement of estimated payments under s. 79.015, and multiply the result by the product of the amount appropriated under s. 20.255 (3) (e) and (qm) and 0.075.

AB75, s. 820 Section 820. 43.24 (3) of the statutes is amended to read:

AB75,501,6 43.24 (3) Annually, the division shall review the reports and proposed service plans submitted by the public library systems under s. 43.17 (5) for conformity with this chapter and such rules and standards as are applicable. Upon approval, the division shall certify to the department of administration an estimated amount to which each system is entitled under this section. Annually on or before December 1 of the year immediately preceding the year for which aids are to be paid, the department of administration shall pay each system 75% of the certified estimated amount from the appropriations appropriation under s. 20.255 (3) (e) and (qm). The division shall, on or before the following April 30, certify to the department of administration the actual amount to which the system is entitled under this section. On or before July 1, the department of administration shall pay each system the difference between the amount paid on December 1 of the prior year and the certified actual amount of aid to which the system is entitled from the appropriations appropriation under s. 20.255 (3) (e) and (qm). The division may reduce state aid payments when any system or any participant thereof fails to meet the requirements of sub. (2). Beginning September 1, 1991, the division may reduce state aid payments to any system if the system or any participant in the system fails to meet the requirements of s. 43.15 (4).

AB75, s. 821 Section 821. 43.24 (3m) of the statutes is amended to read:

AB75,501,10 43.24 (3m) If the appropriations appropriation under s. 20.255 (3) (e) and (qm) in any one year are is insufficient to pay the full amount under sub. (1), state aid payments shall be prorated among the library systems entitled to such aid.

AB75, s. 822 Section 822. 43.24 (6) of the statutes is amended to read:

AB75,501,21 43.24 (6) In submitting information under s. 16.42 for purposes of the biennial budget bill, the department shall include an amount for public library services for each fiscal year of the fiscal biennium equal to 13% of the total operating expenditures for public library services, in territories anticipated to be within all systems in the state, from local and county sources in the calendar year immediately preceding the calendar year for which aid under this section is to be paid. The amount shall include a recommendation for the appropriation under s. 20.255 (3) (e) (qm) and recommendations for the funding of other public library services, as determined by the department in conjunction with public libraries and public library systems.

AB75, s. 823 Section 823. 44.02 (24) of the statutes is amended to read:

AB75,502,2 44.02 (24) Promulgate by rule procedures, standards and forms necessary to certify, and shall certify, expenditures for preservation or rehabilitation of historic property for the purposes of s. ss. 71.07 (9m) and (9r), 71.28 (6), and 71.47 (6). These standards shall be substantially similar to the standards used by the secretary of the interior to certify rehabilitations under 26 USC 47 (c) (2).

AB75, s. 824 Section 824. 45.03 (13) (j) of the statutes is amended to read:

AB75,502,12 45.03 (13) (j) Provide grants to eligible persons who administer a program to identify, train, and place volunteers at the community level who will assist national guard members, members of the U.S. armed forces or forces incorporated in the U.S. armed forces, and their spouses and dependents, who return to this state after serving on active duty. The department shall make available to the volunteers, veterans, and their spouses and dependents, a packet of information about the benefits that they may be eligible to receive from the state or federal government. The annual amount that may be expended under this paragraph may not exceed $201,000. This paragraph does not apply after June 30, 2007 2011.

AB75, s. 825 Section 825. 45.20 (2) (c) 2. a. of the statutes is amended to read:

AB75,502,18 45.20 (2) (c) 2. a. Be completed and received by the department no later than 60 days after the completion of the semester or course. The department may accept an application received more than 60 days after the completion of the semester or course if the applicant shows good cause for the delayed receipt in a time limit set by administrative rule.

AB75, s. 826 Section 826. 45.20 (2) (f) of the statutes is repealed.

AB75, s. 827 Section 827. 45.43 (1) of the statutes is amended to read:

AB75,503,8 45.43 (1) The department shall administer a program to provide assistance to persons who served in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces and who were discharged under conditions other than dishonorable. The department shall provide assistance to persons whose need for services is based upon homelessness, incarceration, or other circumstances designated by the department by rule. The department shall designate the assistance available under this section, which may include assistance in receiving medical care, dental care, education, employment, single room occupancy housing, and transitional housing. The department may provide payments to facilitate the provision of services under this section. From the appropriation under s. 20.485 (2) (ac), the department shall provide $15,000 annually during fiscal years 2007-08 and 2008-09 to the Center for Veterans Issues, Ltd., of Milwaukee, to provide outreach services to homeless veterans with post-traumatic stress disorder.

AB75, s. 828 Section 828. 45.43 (2) of the statutes is amended to read:

AB75,503,13 45.43 (2) The department may charge fees for single room occupancy housing, transitional housing, and for other assistance provided under this section that the department designates. The department shall promulgate rules establishing the fee schedule and the manner of implementation of that schedule.

AB75, s. 829 Section 829. 46.028 of the statutes is created to read:

AB75,503,17 46.028 Electronic benefit transfer. The department may deliver benefits that are administered by the department to recipients of the benefits by an electronic benefit transfer system if all of the following conditions are satisfied:

AB75,503,20 (1) The department obtains any authorization from a federal agency that is required under federal law to deliver the benefits by an electronic benefit transfer system.

AB75,503,22 (2) The department promulgates an administrative rule to deliver the benefits by an electronic benefits transfer system.

AB75,504,2 (3) The department does not require a county or tribal governing body to use the electronic benefit transfer system if the costs to the county or tribal government of delivering the benefits by the electronic benefit transfer system would be greater than the costs to the county or tribal government of delivering the benefits by means other than an electronic benefit transfer system.

AB75, s. 830 Section 830. 46.03 (2a) of the statutes is amended to read:

AB75,504,7 46.03 (2a) Gifts. Be authorized to accept gifts, grants or donations of money or of property from private sources to be administered by the department for the execution of its functions. All moneys so received shall be paid into the general fund and are appropriated therefrom as provided in s. 20.435 (9) (i).

AB75, s. 831 Section 831. 46.03 (43) of the statutes is amended to read:

AB75,504,12 46.03 (43) Compulsive gambling awareness campaigns. From the appropriation account under s. 20.435 (7) (5) (kg), provide award grants to one or more individuals or organizations in the private sector to conduct compulsive gambling awareness campaigns.

AB75, s. 832 Section 832. 46.057 (2) of the statutes is amended to read:

AB75,504,25 46.057 (2) From the appropriation account under s. 20.410 (3) (ba), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $1,379,300 $1,296,500 in each fiscal year and, from the appropriation account under s. 20.410 (3) (hm), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $2,639,800 $2,872,300 in fiscal year 2007-08 2009-10 and $2,707,300 $2,896,100 in fiscal year 2008-09 2010-11, and from the appropriation account under s. 20.410 (1) (kd), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $69,000 in each of fiscal years 2009-10 and 2010-11 for services for juveniles placed at the Mendota juvenile treatment center. The department of health services may charge the department of corrections not more than the actual cost of providing those services.

AB75, s. 833 Section 833. 46.10 (8) (i) of the statutes is amended to read:

AB75,505,5 46.10 (8) (i) Pay quarterly from the appropriation accounts under s. 20.435 (2) (gk) and (7) (5) (gg) the collection moneys due county departments under ss. 51.42 and 51.437. Payments shall be made as soon after the close of each quarter as is practicable.

AB75, s. 834 Section 834. 46.10 (14) (a) of the statutes is amended to read:

AB75,505,21 46.10 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 46.03 (18) for inpatient care and maintenance of persons under 18 years of age at community mental health centers, a county mental health complex under s. 51.08, the centers for the developmentally disabled, the Mendota Mental Health Institute, and the Winnebago Mental Health Institute or care and maintenance of persons under 18 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, subsidized guardianship homes, residential care centers for children and youth, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 46.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay promulgated by the department under s. 46.03 (18). Any liability of the patient not payable by any other person terminates when the patient reaches age 18, unless the liable person has prevented payment by any act or omission.

AB75, s. 835 Section 835. 46.10 (14) (b) of the statutes is amended to read:

AB75,506,6 46.10 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 48.355 or 48.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, subsidized guardianship home, or residential care center for children and youth shall be determined by the court by using the percentage standard established by the department of children and families under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under par. (g).

AB75, s. 836 Section 836. 46.208 (1) of the statutes is amended to read:

AB75,506,11 46.208 (1) All records of the county or tribal governing body relating to the administration of relief that is funded by a relief block grant under ch. 49, as defined in s. 49.001 (5p), shall be open to inspection at all reasonable hours by authorized representatives of the department.

AB75, s. 837 Section 837. 46.208 (2m) of the statutes is amended to read: