SB21: Bill Text

SB21,587,16 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, and a local exposition district created under subch. II of ch. 229, and a long-term care district created under s. 46.2895, except as provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local cultural arts district created under subch. V of ch. 229. Each employer shall be a separate legal jurisdiction for OASDHI purposes.

SB21,1384 Section 1384. 40.02 (36) of the statutes is amended to read:

SB21,588,2 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, or for a local exposition district created under subch. II of ch. 229 or for a 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.

SB21,1385 Section 1385. 40.02 (41n) of the statutes is amended to read:

SB21,588,6 40.02 (41n) "Municipal employer" has the meaning given in s. 111.70 (1) (j), except that "municipal employer" does not include the University of Wisconsin System Authority.

SB21,1386 Section 1386. 40.02 (48) (c) of the statutes is amended to read:

SB21,588,19 40.02 (48) (c) In s. 40.65, "protective occupation participant" means a participating employee who is a police officer, fire fighter, an individual determined by a participating employer under par. (a) or (bm) to be a protective occupation participant, county undersheriff, deputy sheriff, state probation and parole officer, county traffic police officer, conservation warden, state forest ranger, field conservation employee of the department of natural resources who is subject to call for forest fire control or warden duty, member of the state traffic patrol, state motor vehicle inspector, University of Wisconsin System Authority 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.

SB21,1387 Section 1387. 40.02 (54) (b) of the statutes is amended to read:

SB21,588,22 40.02 (54) (b) The Forward Wisconsin Housing and Economic Development Authority.

SB21,1388 Section 1388. 40.02 (54) (m) of the statutes is created to read:

SB21,588,24 40.02 (54) (m) The University of Wisconsin System Authority.

SB21,1389 Section 1389. 40.02 (57) of the statutes is amended to read:

SB21,589,2 40.02 (57) "University" means the University of Wisconsin System Authority under ch. 36.

SB21,1390 Section 1390. 40.05 (2) (bw) of the statutes is amended to read:

SB21,589,8 40.05 (2) (bw) The employer contribution rate determined under par. (b) for the University of Wisconsin System Authority shall be adjusted to reflect the cost of granting creditable service under s. 40.285 (2) (e) and that rate shall be sufficient to amortize the unfunded prior service liability of the employers over the remainder of the 40-year amortization period under s. 40.05 (2) (b), 2005 stats.

SB21,1391 Section 1391. 40.05 (4) (ag) 1. of the statutes is amended to read:

SB21,589,15 40.05 (4) (ag) 1. For insured part-time employees other than employees specified in s. 40.02 (25) (b) 2., including those in project positions as defined in s. 230.27 (1), who are appointed to work less than 1,044 hours per year, an amount determined annually by the director of the office administrator of the division of state employment relations personnel management in the department of administration under par. (ah).

SB21,1392 Section 1392. 40.05 (4) (ag) 2. of the statutes is amended to read:

SB21,589,21 40.05 (4) (ag) 2. For eligible employees not specified in subd. 1. and s. 40.02 (25) (b) 2., an amount not more than 88 percent of the average premium cost of plans offered in each tier under s. 40.51 (6), as determined annually by the director administrator of the office division of state employment relations personnel management in the department of administration under par. (ah).

SB21,1393 Section 1393. 40.05 (4) (ah) 1. of the statutes is amended to read:

SB21,590,2 40.05 (4) (ah) 1. Annually, the director of the office administrator of the division of state employment relations personnel management in the department of administration shall establish the amount that employees are required to pay for health insurance premiums in accordance with the maximum employer payments under par. (ag).

SB21,1394 Section 1394. 40.05 (4) (b) of the statutes is amended to read:

SB21,591,12 40.05 (4) (b) Except as provided under pars. (bc) and (bp), accumulated unused sick leave under ss. 13.121 (4), 36.30, 230.35 (2), 233.10, 238.04 (8), and 757.02 (5) and subch. V of ch. 111 of any eligible employee, and of any eligible employee of the Wisconsin Forward Development Authority, 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).

SB21,1395 Section 1395. 40.05 (4) (bm) of the statutes is amended to read:

SB21,592,3 40.05 (4) (bm) Except as provided under par. (bp), accumulated unused sick leave under ss. 36.30 and 230.35 (2), or 233.10, or 238.04 (8) of any eligible employee, and of any eligible employee of the Forward Wisconsin Development Authority, 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.

SB21,1396 Section 1396. 40.05 (4) (bp) 2. of the statutes is amended to read:

SB21,592,12 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 institution, as defined in s. 36.05 (9), and if the institution regularly reports on the operation of its sick leave accounting system to the board of regents of the University of Wisconsin System Authority.

SB21,1397 Section 1397. 40.05 (4) (bp) 3. c. of the statutes is amended to read:

SB21,592,16 40.05 (4) (bp) 3. c. That the institution regularly reports on the operation of its sick leave accounting system to the board of regents of the University of Wisconsin System Authority.

SB21,1398 Section 1398. 40.05 (4g) (a) 4. of the statutes is amended to read:

SB21,592,23 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 of ch. 111 or under rules promulgated by the director of the office administrator of the division of state employment relations personnel management in the department of administration or is eligible for reemployment with the state under s. 321.64 after completion of his or her service in the U.S. armed forces.

SB21,1399 Section 1399. 40.05 (5) (b) 4. of the statutes is amended to read:

SB21,593,4 40.05 (5) (b) 4. The accrual and crediting of sick leave shall be determined in accordance with ss. 13.121 (4), 36.30, 230.35 (2), 233.10, 238.04 (8), and 757.02 (5) and subch. V of ch. 111 and in accordance with the policies and procedures of the Forward Wisconsin Development Authority for any of its employees it deems eligible.

SB21,1400 Section 1400. 40.06 (1) (dm) of the statutes is amended to read:

SB21,593,12 40.06 (1) (dm) Each determination by a department head regarding the classification of a state employee as a protective occupation participant shall be reviewed by the office division of state employment relations personnel management in the department of administration. A state employee's name may not be certified to the fund as a protective occupation participant under par. (d) until the office division of state employment relations personnel management in the department of administration approves the determination.

SB21,1401 Section 1401. 40.08 (1c) of the statutes is amended to read:

SB21,593,20 40.08 (1c) Withholding of annuity and certain benefit payments. Notwithstanding sub. (1), any monthly annuity paid under s. 40.23, 40.24, 40.25 (1) or (2), or 40.63 and any benefit paid under s. 40.62 or duty disability payment paid under s. 40.65 is subject to s. 767.75. The board and any member or agent thereof and the department and any employee or agent thereof are immune from civil liability for any act or omission while performing official duties relating to withholding any annuity payment pursuant to s. 767.57.

SB21,1402 Section 1402. 40.22 (2) (g) of the statutes is amended to read:

SB21,594,2 40.22 (2) (g) The employee is appointed by the university under s. 36.19, 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.

SB21,1403 Section 1403. 40.285 (2) (c) of the statutes is amended to read:

SB21,594,17 40.285 (2) (c) Uncredited elected official and executive participating employee service. Each executive participating employee whose creditable service terminates on or after May 3, 1988, and each participating employee who is a present or former elected official or an appointee of a present or former elected official and who did not receive creditable service under s. 40.02 (17) (e), 1987 stats., or s. 40.02 (17) (e), 1989 stats., and whose creditable service terminates on or after August 15, 1991, who was previously in the position of the president of the University of Wisconsin System created under s. 36.03, 2013 stats., or in a position designated under s. 20.923 (4), (8), or (9), but did not receive creditable service because of age restrictions, may receive creditable service equal to the period of executive service not credited if the participant pays to the department a lump sum payment equal to 5.5% of one-twelfth of the employee's highest earnings in a single annual earnings period multiplied by the number of months of creditable service granted under this paragraph.

SB21,1404 Section 1404. 40.285 (2) (e) 1. of the statutes is amended to read:

SB21,594,21 40.285 (2) (e) 1. The participant meets the requirements of this paragraph and submits an application to the board of regents of the University of Wisconsin System Authority.

SB21,1405 Section 1405. 40.285 (2) (e) 2. of the statutes is amended to read:

SB21,594,24 40.285 (2) (e) 2. The board of regents of the University of Wisconsin System Authority certifies the creditable service requested under subd. 1.

SB21,1406 Section 1406. 40.513 of the statutes is created to read:

SB21,595,4 40.513 Payment of stipend in lieu of health care coverage for state employees. (1) A state employee who is eligible to receive health care coverage under s. 40.51 (6) may elect not to receive that coverage and instead be paid an annual stipend equal to $2,000 if all of the following occur:

SB21,595,5 (a) The employee is eligible for an employer contribution under s. 40.05 (4) (ag).

SB21,595,6 (b) The employee makes the election on a form provided by the department.

SB21,595,13 (c) The employee makes the election within 30 days of being hired or during any applicable enrollment period established by the department. If the employee makes the election within 30 days of being hired, the employee may not receive health care coverage under s. 40.51 (6) during the calendar year in which the election is made. If the employee makes the election during any annual applicable enrollment period established by the department, the employee may not receive health care coverage under s. 40.51 (6) during the succeeding calendar year.

SB21,595,19 (2) A stipend paid to an employee under sub. (1) shall be paid from the appropriation account that would otherwise have been used to pay the employer contribution toward premium payments under s. 40.05 (4) (ag) for that employee. If an employee makes the election within 30 days of being hired, the employer shall prorate the $2,000 stipend according to the remaining number of months in the calendar year in which the election is made.

SB21,1407 Section 1407. 40.515 (1) of the statutes is amended to read:

SB21,596,6 40.515 (1) In addition to the health care coverage plans offered under s. 40.51 (6), beginning on January 1, 2015, the group insurance board shall offer to all state employees the option of receiving health care coverage through a high-deductible health plan and the establishment of a health savings account. Under this option, each employee shall receive health care coverage through a high-deductible health plan. The state shall make contributions into each employee's health savings account in an amount specified by the director of the office administrator of the division of state employment relations personnel management in the department of administration under s. 40.05 (4) (ah) 4. In designing a high-deductible health plan, the group insurance board shall ensure that the plan may be used in conjunction with a health savings account.

SB21,1408 Section 1408. 40.52 (3) of the statutes is amended to read:

SB21,596,17 40.52 (3) The group insurance board, after consulting with the board of regents of the University of Wisconsin System, shall establish the terms of a health insurance plan for graduate assistants, for teaching assistants, and for employees-in-training designated by the 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 System with an expected duration of employment of at least 6 months but less than one year. Annually, the director of the office administrator of the division of state employment relations personnel management in the department of administration shall establish the amount that the employer is required to pay in premium costs under this subsection.

SB21,1409 Section 1409 . 40.52 (3) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,597,4 40.52 (3) The group insurance board, after consulting with the board of regents of the University of Wisconsin System Authority, shall establish the terms of a health insurance plan for graduate assistants, for teaching assistants, and for employees-in-training designated by the 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 System Authority with an expected duration of employment of at least 6 months but less than one year. Annually, the administrator of the division of personnel management in the department of administration shall establish the amount that the employer is required to pay in premium costs under this subsection.

SB21,1410 Section 1410. 40.62 (2) of the statutes is amended to read:

SB21,597,11 40.62 (2) Sick leave accumulation shall be determined in accordance with rules of the department, any collective bargaining agreement under subch. V of ch. 111, and ss. 13.121 (4), 36.30, 49.825 (4) (d) and (5) (d), 49.826 (4) (d), 230.35 (2), 233.10, 238.04 (8), 757.02 (5) and 978.12 (3) and in accordance with the policies and procedures of the Forward Wisconsin Development Authority for any of its employees it deems eligible.

SB21,1411 Section 1411. 40.63 (6) of the statutes is amended to read:

SB21,598,2 40.63 (6) Any person entitled to payments under this section who may otherwise be entitled to payments under s. 66.191, 1981 stats., may file with the department and the department of workforce development office of the commissioner of insurance a written election to waive payments due under this section and accept in lieu of the payments under this section payments as may be payable under s. 66.191, 1981 stats., but no person may receive payments under both s. 66.191, 1981 stats., and this section. However any person otherwise entitled to payments under this section may receive the payments, without waiver of any rights under s. 66.191, 1981 stats., during any period as may be required for a determination of the person's rights under s. 66.191, 1981 stats. Upon the final adjudication of the person's rights under s. 66.191, 1981 stats., if waiver is filed under this section, the person shall immediately cease to be entitled to payments under this section and the system shall be reimbursed from the award made under s. 66.191, 1981 stats., for all payments made under this section.

SB21,1412 Section 1412. 40.65 (2) (a) of the statutes is amended to read:

SB21,598,20 40.65 (2) (a) This paragraph applies to participants who first apply for benefits before May 3, 1988. Any person desiring a benefit under this section must apply to the department of workforce development office of the commissioner of insurance, which department office shall determine whether the applicant is eligible to receive the benefit and the participant's monthly salary. Appeals from the eligibility decision shall follow the procedures under ss. 102.16 to 102.26. If it is determined that an applicant is eligible, the department of workforce development office of the commissioner of insurance shall notify the department of employee trust funds and shall certify the applicant's monthly salary. If at the time of application for benefits an applicant is still employed in any capacity by the employer in whose employ the disabling injury occurred or disease was contracted, that continued employment shall not affect that applicant's right to have his or her eligibility to receive those benefits determined in proceedings before the department of workforce development division of hearings and appeals in the department of administration or the labor and industry review commission or in proceedings in the courts. The department of workforce development office of the commissioner of insurance may promulgate rules needed to administer this paragraph.

SB21,1413 Section 1413. 40.65 (2) (b) 3. of the statutes is amended to read:

SB21,599,2 40.65 (2) (b) 3. The department shall determine whether or not the applicant is eligible for benefits under this section on the basis of the evidence in subd. 2. An applicant may appeal a determination under this subdivision to the department of workforce development division of hearings and appeals in the department of administration.

SB21,1414 Section 1414. 40.65 (2) (b) 4. of the statutes is amended to read:

SB21,599,6 40.65 (2) (b) 4. In hearing an appeal under subd. 3., the department of workforce development division of hearings and appeals in the department of administration shall follow the procedures under ss. 102.16 to 102.26.

SB21,1415 Section 1415. 40.81 (1) of the statutes is amended to read:

SB21,599,14 40.81 (1) An employer other than the state, the university, or the University of Wisconsin Hospitals and Clinics Authority may provide for its employees the deferred compensation plan established under s. 40.80. Any employer, including this state, the university, and the University of Wisconsin Hospitals and Clinics Authority, who makes the plan under s. 40.80 available to any of its employees shall make it available to all of its employees under procedures established by the department under this subchapter.

SB21,1416 Section 1416. 40.95 (1) (a) 1. of the statutes is amended to read:

SB21,599,17 40.95 (1) (a) 1. The employee accrues accumulated unused sick leave under s. 13.121 (4), 36.30, 230.35 (2), 233.10, 238.04 235.03 (8), or 757.02 (5).

SB21,1417 Section 1417. 41.11 (1g) (b) (intro.) of the statutes is amended to read:

SB21,599,22 41.11 (1g) (b) (intro.) The department, in consultation with the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority, shall do all of the following for each economic development program administered by the department:

SB21,1418 Section 1418. 41.11 (1r) (a) of the statutes is amended to read:

SB21,600,3 41.11 (1r) (a) The department shall coordinate any economic development assistance with the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority.

SB21,1419 Section 1419. 41.11 (1r) (b) of the statutes is amended to read:

SB21,600,13 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. 238.07 235.016 (2). The department shall collaborate with the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority to make readily accessible to the public on an Internet-based system the information required under this subsection.

SB21,1420 Section 1420. 41.11 (6) of the statutes is repealed.

SB21,1421 Section 1421. 41.16 (1) (a) 1. of the statutes is amended to read:

SB21,600,18 41.16 (1) (a) 1. A nonprofit organization, as defined in s. 106.13 (4) (3m) (a) 1r., whose purposes include tourism to or within the state or a particular region in the state.

SB21,1422 Section 1422. 41.23 of the statutes is amended to read:

SB21,601,2 41.23 Sale of excess or surplus property. The department may acquire excess or surplus property from the department of administration under ss. s. 16.72 (4) (b) and 16.98 (1) or from the department of transportation under s. 84.09 (5s) and, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), the department may sell the property acquired under this section to any person at a price determined by the department of tourism. All proceeds received by the department of tourism from the sale of property under this section shall be credited to the appropriation account under s. 20.380 (1) (h).

SB21,1423 Section 1423. 41.40 of the statutes is renumbered 23.0925, and 23.0925 (1), as renumbered, is amended to read:

SB21,601,7 23.0925 (1) The department may acquire land from the federal government adjacent to the Kickapoo River, and may determine the boundaries of the Kickapoo valley reserve under s. 41.41 23.0927 (2).

SB21,1424 Section 1424. 41.41 of the statutes is renumbered 23.0927, and 23.0927 (1) (a), as renumbered, is amended to read:

SB21,601,11 23.0927 (1) (a) "Board" Notwithstanding s. 24.01 (2), "board" means the Kickapoo reserve management board.

SB21,1425 Section 1425. 41.53 (1) (h) of the statutes is amended to read:

SB21,601,17 41.53 (1) (h) Annually, award an amount equal to at least 5% of all state and federal funds received by the board in that year for grants to artists and arts organizations to artists who are minority group members and arts groups composed principally of minority group members. In this paragraph, "minority group member" has the meaning specified in s. 16.287 203.07 (1) (f).