AB40: Bill Text

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

AB40,585,10 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, s. 1130 Section 1130. 39.437 (5) (intro.) of the statutes is amended to read:

AB40,585,13 39.437 (5) Rules. (intro.) The department of administration board shall promulgate rules to implement this section, including all of the following:

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

AB40,585,16 39.437 (5) (c) Any other rules the department of administration board considers necessary to assure the uniform administration of this section.

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

AB40,585,21 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, s. 1133 Section 1133. 39.44 (1) (a) 3. of the statutes is amended to read:

AB40,585,23 39.44 (1) (a) 3. Is a Hispanic, as defined in s. 560.036 490.04 (1) (d).

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

AB40,586,9 39.50 (1m) University of Wisconsin-Madison. At the end of each semester, the Board of Trustees of the University of Wisconsin-Madison shall certify to the board the number of students enrolled in the University of Wisconsin-Madison to whom any fees or nonresident tuition has been remitted under s. 37.27 (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 trustees for the full amount of fees and nonresident tuition remitted.

AB40, s. 1135 Section 1135. 39.50 (3m) of the statutes is amended to read:

AB40,586,21 39.50 (3m) Remission of fees; prorated reimbursement. In June of each fiscal year, the board shall determine the total amount of fees and nonresident tuition remitted by the board of regents Board of Regents and the Board of Trustees that are eligible for reimbursement under sub. subs. (1) and (1m) and fees remitted by the district boards that are eligible for reimbursement under sub. (2). If the moneys appropriated under s. 20.235 (1) (fz) are not sufficient to reimburse the board of regents Board of Regents and the Board of Trustees for the full amount of those fees and that nonresident tuition and each district board for the full amount of those fees, the board shall prorate the reimbursement paid under subs. (1), (1m), and (2) in the proportion that the moneys available bears to the total amount eligible for reimbursement under subs. (1), (1m), and (2).

AB40, s. 1136 Section 1136. 39.50 (4) of the statutes is amended to read:

AB40,587,16 39.50 (4) Reimbursement of veterans and dependents; prorated reimbursement. In each fiscal year, the higher educational aids board shall determine the total amount of reimbursement due to students under ss. 36.27 (3n) (bm) 1. and (3p) (bm) 1., 37.27 (3n) (bm) 1. and (3p) (bm) 1., and 38.24 (7) (bm) 1. and (8) (bm) 1. If the moneys appropriated under s. 20.235 (1) (fz) are not sufficient to provide full reimbursement to those students, the higher educational aids board shall prorate the reimbursement paid to those students under ss. 36.27 (3n) (bm) 1. and (3p) (bm) 1., 37.27 (3n) (bm) 1. and (3p) (bm) 1., and 38.24 (7) (bm) 1. and (8) (bm) 1. in the proportion that the moneys available bears to the total amount eligible for reimbursement under ss. 36.27 (3n) (bm) 1. and (3p) (bm) 1., 37.27 (3n) (bm) 1. and (3p) (bm) 1., and 38.24 (7) (bm) 1. and (8) (bm) 1. If the higher educational aids board prorates reimbursement under this subsection, the Board of Regents shall reimburse a student who is eligible for reimbursement under s. 36.27 (3n) (bm) 1. or (3p) (bm) 1., the Board of Trustees shall reimburse a student who is eligible for reimbursement under s. 37.27 (3n) (bm) 1. or (3p) (bm) 1., and the appropriate technical college district board shall reimburse a student who is eligible for reimbursement under s. 38.24 (7) (bm) 1. or (8) (bm) 1., in an amount that is equal to the difference between the amount of reimbursement for which the student is eligible and the amount of reimbursement paid by the higher educational aids board.

AB40, s. 1137 Section 1137. 40.02 (22) (em) of the statutes is amended to read:

AB40,588,2 40.02 (22) (em) For Wisconsin retirement system purposes only, for a member of the a faculty, as defined in s. 36.05 (8) or 37.01 (6), of a university who is on sabbatical leave under s. 36.11 (17) or 37.11 (17), means the compensation that would have been payable to the participant, at the participant's rate of pay immediately prior to beginning the sabbatical leave, for service that would have been rendered at the university during the period of the sabbatical leave if the participant had continued to render services for the participant's employer during that period. Contributions and premiums on earnings considered to be received under this paragraph shall be paid as required under s. 40.05.

AB40, s. 1138 Section 1138. 40.02 (25) (b) 2. of the statutes is amended to read:

AB40,588,7 40.02 (25) (b) 2. Any person employed as a graduate assistant and other employees-in-training as are designated by the board of regents Board of Regents or Board of Trustees of the university, who are employed on at least a one-third full-time basis.

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

AB40,588,9 40.02 (25) (b) 2c. A state employee described in s. 49.825 (4) or 49.826 (4).

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

AB40,588,12 40.02 (48) (am) 22. A person employed under s. 60.553 (1), 61.66 (1), or 62.13 (2e) (a).

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

AB40,589,2 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 Wisconsin–Madison or 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, s. 1142 Section 1142. 40.02 (54) (hm) of the statutes is created to read:

AB40,589,4 40.02 (54) (hm) The University of Wisconsin-Madison.

AB40, s. 1143 Section 1143. 40.02 (57) of the statutes is amended to read:

AB40,589,7 40.02 (57) "University" means the University of Wisconsin System under ch. 36 or the University of Wisconsin-Madison under ch. 37.

AB40, 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:

AB40,589,13 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, s. 1145 Section 1145. 40.03 (6) (h) 1. of the statutes is repealed.

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

AB40,590,23 40.05 (4) (b) Except as provided under pars. (bc) and (bp), accumulated unused sick leave under ss. 13.121 (4), 36.30, 37.30, 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, s. 1147 Section 1147. 40.05 (4) (bm) of the statutes is amended to read:

AB40,591,14 40.05 (4) (bm) Except as provided under par. (bp), accumulated unused sick leave under ss. 36.30, 37.30, 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, s. 1148 Section 1148. 40.05 (4) (bp) 1. of the statutes is amended to read:

AB40,592,2 40.05 (4) (bp) 1. Except as provided in subds. 2. and 3., for sick leave which accumulates beginning on August 1, 1987, conversion under par. (b) or (bm) of accumulated unused sick leave under s. 36.30 or 37.30 to credits for payment of health insurance premiums shall be limited to the annual amounts of sick leave specified in this subdivision. For faculty and academic staff personnel who are appointed to work 52 weeks per year, conversion is limited to 8.5 days of sick leave per year. For faculty and academic staff personnel who are appointed to work 39 weeks per year, conversion is limited to 6.4 days of sick leave per year. For faculty and academic staff personnel not otherwise specified, conversion is limited to a number of days of sick leave per year to be determined by the secretary by rule, in proportion to the number of weeks per year appointed to work.

AB40, s. 1149 Section 1149. 40.05 (4) (bp) 2. of the statutes is amended to read:

AB40,592,13 40.05 (4) (bp) 2. The limits on conversion of accumulated unused sick leave which are specified under subd. 1. may be waived for nonteaching faculty who are appointed to work 52 weeks per year and nonteaching academic staff personnel if the secretary of administration determines that a sick leave accounting system comparable to the system used by the state for employees in the classified service is in effect at the University of Wisconsin-Madison or the institution, as defined in s. 36.05 (9), and if the University of Wisconsin-Madison or the institution regularly reports on the operation of its sick leave accounting system to the board of regents Board of Regents of the University of Wisconsin System or the Board of Trustees of the University of Wisconsin-Madison.

AB40, s. 1150 Section 1150. 40.05 (4) (bp) 3. of the statutes is amended to read:

AB40,592,18 40.05 (4) (bp) 3. The limits on conversion of accumulated unused sick leave which are specified under subd. 1. may be waived for teaching faculty or teaching academic staff at the University of Wisconsin-Madison or any institution, as defined in s. 36.05 (9), if the secretary of administration determines all of the following:

AB40,592,22 a. That administrative procedures for the crediting and use of earned sick leave for teaching faculty and teaching academic staff on a standard comparable to a scheduled 40-hour work week are in operation at the University of Wisconsin-Madison or institution.

AB40,592,25 b. That a sick leave accounting system for teaching faculty and teaching academic staff comparable to the system used by state employees in the classified service is in effect at the University of Wisconsin-Madison or institution.

AB40,593,4 c. That the University of Wisconsin-Madison or institution regularly reports on the operation of its sick leave accounting system to the board of regents Board of Regents of the University of Wisconsin System or the Board of Trustees of the University of Wisconsin-Madison.

AB40, s. 1151 Section 1151. 40.05 (4) (e) of the statutes is created to read:

AB40,593,8 40.05 (4) (e) The Health Insurance Risk-Sharing Plan Authority shall not be required to pay any contributions related to benefits authorized under pars. (b), (bc), (bm), and (bw) and subch. IX.

AB40, s. 1152 Section 1152. 40.05 (5) (a) of the statutes is amended to read:

AB40,593,16 40.05 (5) (a) For teachers in the unclassified service of the state employed by the board of regents of the university Board of Regents of the University of Wisconsin System or for teachers employed by the Board of Trustees of the University of Wisconsin-Madison, no contribution if the teacher has less than one year of state creditable service and an amount equal to the gross premium for coverage subject to a 130-day waiting period if the teacher has one year or more of state creditable service.

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

AB40,593,20 40.05 (5) (b) 4. The accrual and crediting of sick leave shall be determined in accordance with ss. 13.121 (4), 36.30, 37.30, 230.35 (2), 233.10, 238.04 (8), and 757.02 (5) and subch. I, V, or VI of ch. 111.

AB40, s. 1154 Section 1154. 40.22 (2) (g) of the statutes is amended to read:

AB40,594,3 40.22 (2) (g) The employee is appointed by the university Board of Regents of the University of Wisconsin System under s. 36.19, by the Board of Trustees of the University of Wisconsin-Madison under s. 37.19 (1), or by the University of Wisconsin Hospitals and Clinics Authority, as a student assistant or employee in training or is appointed by a school or other education system in which the person is regularly enrolled as a student and is attending classes to perform services incidental to the person's course of study at that school or education system.

AB40, s. 1155 Section 1155. 40.22 (2) (h) of the statutes is amended to read:

AB40,594,12 40.22 (2) (h) The employee is teaching while on leave from an educational institution not a part of the University of Wisconsin-Madison or University of Wisconsin System, if the person is a visiting professor, visiting associate professor, visiting assistant professor or visiting lecturer at the university and if the employment at the university is all within 12 consecutive calendar months. If the employment at the university is continued beyond the 12-month period the person shall, at the start of the 13th consecutive calendar month of employment, come under the system for future service.

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

AB40,594,21 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) , 2009 stats., or s. 49.826 (4), and elects to remain a covered employee under the retirement system established under chapter 201, laws of 1937, pursuant to s. 49.825 (4) (c), 2009 stats., or s. 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, 2009 stats., or the child care provider services unit under s. 49.826.

AB40, s. 1157 Section 1157. 40.51 (8) of the statutes is amended to read:

AB40,595,2 40.51 (8) Every health care coverage plan offered by the state under sub. (6) shall comply with ss. 631.89, 631.90, 631.93 (2), 631.95, 632.72 (2), 632.746 (1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.87 (3) to (6), 632.885, 632.89, 632.895 (5m) and (8) to (17) (16m), and 632.896.

AB40, s. 1158 Section 1158. 40.51 (8m) of the statutes is amended to read:

AB40,595,7 40.51 (8m) Every health care coverage plan offered by the group insurance board under sub. (7) shall comply with ss. 631.95, 632.746 (1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.885, 632.89, and 632.895 (11) to (17) (16m).

AB40, s. 1159 Section 1159. 40.52 (3) of the statutes is amended to read:

AB40,595,17 40.52 (3) The group insurance board, after consulting with the board of regents Board of Trustees of the University of Wisconsin-Madison and the Board of Regents of the University of Wisconsin System, shall establish the terms of a health insurance plan for graduate assistants, and for employees-in-training designated by the board of regents Board of Trustees or Board of Regents, who are employed on at least a one-third full-time basis and for teachers who are employed on at least a one-third full-time basis by the University of Wisconsin-Madison or University of Wisconsin System with an expected duration of employment of at least 6 months but less than one year.

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

AB40,596,2 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, s. 1161 Section 1161. 40.62 (2) of the statutes is amended to read:

AB40,596,7 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, 37.30, 49.825 (4) (d), 49.826 (4) (d), 230.35 (2), 233.10, 238.04 (8), 757.02 (5) and 978.12 (3).

AB40, s. 1162 Section 1162 . 40.62 (2) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,596,13 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, 37.30, 49.825 (4) (d), 49.826 (4) (d), 230.35 (2), 233.10, 238.04 (8), 757.02 (5) and 978.12 (3).

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

AB40,596,16 40.95 (1) (a) 1. The employee accrues accumulated unused sick leave under s. 13.121 (4), 36.30, 37.30, 230.35 (2), 233.10, 238.04 (8), or 757.02 (5).

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

AB40,596,20 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, s. 1165 Section 1165. 41.11 (1r) (title) of the statutes is amended to read:

AB40,596,23 41.11 (1r) (title) Economic development assistance coordination and reporting.

AB40, s. 1166 Section 1166. 41.11 (1r) of the statutes is renumbered 41.11 (1r) (b) and amended to read:

AB40,597,8 41.11 (1r) (b) Annually, no later than October 1, the department shall submit to the joint legislative audit committee and to the appropriate standing committees of the legislature under s. 13.172 (3) a comprehensive report assessing economic development programs, as defined in sub. (1g) (a), administered by the department. The report shall include all of the information required under s. 560.01 (2) (am) 238.07 (2). The department shall collaborate with the department of commerce Wisconsin Economic Development Corporation to make readily accessible to the public on an Internet-based system the information required under this subsection.

AB40, s. 1167 Section 1167. 41.11 (1r) (a) of the statutes is created to read:

AB40,597,11 41.11 (1r) (a) The department shall coordinate any economic development assistance with the Wisconsin Economic Development Corporation.

AB40, s. 1168 Section 1168. 41.41 (4) (c) of the statutes is amended to read: