SB59: Bill Text

SB59,408 Section 408 . 40.22 (1) of the statutes is amended to read:

SB59,456,5 40.22 (1) Except as provided in sub. (2) and s. 40.26 (6), each employee currently in the service of, and receiving earnings from, a state agency or other participating employer shall be included within the provisions of the Wisconsin retirement system as a participating employee of that state agency or participating employer.

SB59,409 Section 409 . 40.22 (2m) (intro.) of the statutes is amended to read:

SB59,456,13 40.22 (2m) (intro.) An Except as otherwise provided in s. 40.26 (6), an employee who was a participating employee before July 1, 2011, who is not expected to work at least one-third of what is considered full-time employment by the department, as determined by rule, 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:

SB59,410 Section 410 . 40.22 (2r) (intro.) of the statutes is amended to read:

SB59,456,21 40.22 (2r) (intro.) An Except as otherwise provided in s. 40.26 (6), an employee who was not a participating employee before July 1, 2011, who is not expected to work at least two-thirds of what is considered full-time employment by the department, as determined by rule, 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:

SB59,411 Section 411 . 40.22 (3) (intro.) of the statutes is amended to read:

SB59,456,25 40.22 (3) (intro.) A Except as otherwise provided in s. 40.26 (6), a person who qualifies as a participating employee shall be included within, and shall be subject to, the Wisconsin retirement system effective on one of the following dates:

SB59,412 Section 412. 40.23 (1) (bm) of the statutes is amended to read:

SB59,457,8 40.23 (1) (bm) If an application by a participant age 55 or over, or by a protective occupation participant age 50 or over, for long-term disability insurance benefits under s. 40.64 is disapproved under rules promulgated by the department, the date which that would have been the effective date for the insurance benefits shall be is the retirement annuity effective date if requested by the applicant within 60 days of the disapproval or, if the disapproval is appealed, within 60 days of the final disposition of the appeal.

SB59,413 Section 413 . 40.26 (6) (intro.), (a) and (b) of the statutes are created to read:

SB59,457,15 40.26 (6) (intro.) Subsections (1) to (5) do not apply to a participant who applies for an annuity or lump sum payment during the period in which at least 30 days have elapsed between the participant's termination of employment as a teacher with a school district that is a participating employer, and becoming a teacher as an employee or contractor providing employee services as a teacher with any school district that is a participating employer if all of the following conditions are met:

SB59,457,19 (a) At the time the participant terminates his or her employment as a teacher with a school district, the participant does not have an agreement with any school district that is a participating employer to return to employment as a teacher or enter into a contract to provide employee services as a teacher for the school district.

SB59,457,21 (b) The participant elects on a form provided by the department to not become a participating employee.

SB59,414 Section 414. 40.51 (8) of the statutes is amended to read:

SB59,458,2 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), 632.728, 632.746 (1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.867, 632.87 (3) to (6), 632.885, 632.89, 632.895 (5m) and (8) to (17), and 632.896.

SB59,415 Section 415. 40.51 (8m) of the statutes is amended to read:

SB59,458,7 40.51 (8m) Every health care coverage plan offered by the group insurance board under sub. (7) shall comply with ss. 631.95, 632.728, 632.746 (1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.867, 632.885, 632.89, and 632.895 (11) (8) and (10) to (17).

SB59,416 Section 416. 40.513 (3) (a) of the statutes is amended to read:

SB59,458,11 40.513 (3) (a) The employee was eligible for an employer contribution under s. 40.05 (4) (ag) during the 2015 calendar year and elected not to receive health care coverage in that calendar year or in any succeeding calendar year.

SB59,417 Section 417. 40.61 (3) of the statutes is amended to read:

SB59,458,19 40.61 (3) Any An employer under s. 40.02 (28), other than the state, may offer to all of its employees an a group income continuation insurance plan through a program offered by the group insurance board. Notwithstanding sub. (2) and ss. 40.05 (5) and 40.62, the department may by rule establish different eligibility standards or contribution requirements for such those employees and employers and may by rule limit the categories of employers which that may be included as participating employers under this subchapter.

SB59,418 Section 418. 40.62 (1) of the statutes is amended to read:

SB59,459,3 40.62 (1) The group insurance board shall establish an a group income continuation insurance plan providing for full or partial payment of the financial loss of earnings incurred as a result of injury or illness with separate provisions for short-term insurance with a benefit duration of no more than one year and long-term insurance covering injury or illness of indefinite duration. Employees An employee insured under the plan shall be is eligible for benefits upon exhaustion of accumulated sick leave and completion of the elimination period established by the group insurance board.

SB59,419 Section 419 . 40.64 of the statutes is created to read:

SB59,459,6 40.64 Long-term disability insurance coverage. The board may establish a group long-term disability insurance plan.

SB59,420 Section 420. 40.65 (2) (a) of the statutes is amended to read:

SB59,459,22 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, which department 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 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 division of hearings and appeals in the department of administration department of workforce development or the labor and industry review commission or in proceedings in the courts. The department of workforce development may promulgate rules needed to administer this paragraph.

SB59,421 Section 421. 40.65 (2) (b) 3. of the statutes is amended to read:

SB59,460,3 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 division of hearings and appeals in the department of administration department of workforce development.

SB59,422 Section 422. 40.65 (2) (b) 4. of the statutes is amended to read:

SB59,460,7 40.65 (2) (b) 4. In hearing an appeal under subd. 3., the division of hearings and appeals in the department of administration department of workforce development shall follow the procedures under ss. 102.16 to 102.26.

SB59,423 Section 423. 41.51 of the statutes is renumbered 41.51 (intro.) and amended to read:

SB59,460,11 41.51 Definitions. (intro.) In this subchapter, unless the context requires otherwise, “board":

SB59,460,12 (1) “Board” means the arts board.

SB59,424 Section 424 . 41.51 (2) of the statutes is created to read:

SB59,460,17 41.51 (2) “State building" means a permanent structure normally occupied by state employees that is wholly or partially enclosed and that is used for performing or facilitating the performance of the functions of a state agency as defined in s. 20.001 (1).

SB59,425 Section 425 . 41.51 (3) of the statutes is created to read:

SB59,460,21 41.51 (3) “Work of art" means an original creation of visual art or a reproduction of an original creation of visual art if the reproduction is controlled by the artist of the original work as part of a limited edition.

SB59,426 Section 426 . 41.58 of the statutes is created to read:

SB59,460,24 41.58 Art in state buildings. (1) Applicability. This section does not apply to any of the following:

SB59,461,2 (a) A contract for the construction, reconstruction, remodeling of, or addition to a state building if the total construction cost of the project is $250,000 or less.

SB59,461,4 (b) A state building or space within a state building that is not open to the general public in its normal use.

SB59,461,6 (c) Game farms, fish hatcheries, nurseries, and other production facilities operated by the department of natural resources.

SB59,461,12 (2) Minimum expenditure required. (a) Except as provided in par. (b), at least two-tenths of 1 percent of the appropriation for the construction, reconstruction, remodeling of, or addition to a state building shall be expended to acquire one or more works of art to be incorporated into the state building or to be displayed in or on the grounds of the state building, and to fund all administrative costs that the board incurs in acquiring the works of art.

SB59,461,18 (b) If a state building to which this section applies is located contiguous to other state buildings, the board, after reviewing the recommendations of the advisory committee appointed under sub. (3), may apply the funds set aside under par. (a) to the acquisition, including all associated administrative costs, of one or more works of art to be incorporated into one or more of the contiguous buildings or to be displayed in or on the grounds of one or more of the contiguous buildings.

SB59,461,23 (3) Advisory committee. (a) For a building project requiring an expenditure under sub. (2) and after selection of the architect for the project, the board shall appoint an advisory committee for the purpose of reviewing and recommending one or more works of art to be incorporated into the state building or displayed in or on the grounds of the state building.

SB59,461,25 (b) The advisory committee shall consist of at least 5 members appointed by the board, including all of the following:

SB59,462,1 1. One member who is a member of the board.

SB59,462,3 2. At least 2 members who are artists, art educators, art administrators, museum directors or curators, art critics, or art collectors.

SB59,462,5 3. At least 2 members who are project managers, architects, users of the building, or members of the building commission.

SB59,462,13 (4) Contracts with artists. (a) After reviewing the recommendations of the advisory committee appointed under sub. (3) with respect to a particular building project, the board shall select one or more works of art recommended by the advisory committee to be incorporated into the project. The board shall ensure that the aggregate of all works of art selected under this subsection represents a wide variety of art forms executed by the broadest feasible diversity of artists, except that the board shall give preference to the works of art of artists who are residents of this state.

SB59,462,16 (b) 1. The board shall contract for the procurement of each work of art selected for a building project under this section. Except as provided in subds. 2. and 3., each contract shall provide for sole ownership of the work of art to the state.

SB59,462,20 2. If a work of art selected for a building project under this section is an existing work of art and is no longer subject to the control of the artist originating the work of art, the contract shall assign sole ownership to the state, subject to any existing obligations of the owner to the originating artist.

SB59,462,25 3. If a work of art selected for a building project under this section is owned by the artist originating the work of art or if the work of art has not been executed on the date of the contract, the contract shall assign sole ownership to the state, subject to the following rights that shall be retained by the artist except as otherwise provided in the contract executed under par. (b) 1.:

SB59,463,1 a. The right to claim authorship of the work of art.

SB59,463,3 b. The right to reproduce the work of art, including all rights secured to the artist under federal copyright laws.

SB59,463,5 (5) Board responsibilities. After acquisition of a work of art under sub. (4), the board shall do all of the following:

SB59,463,6 (a) Ensure proper execution of the work of art if it is a new original work of art.

SB59,463,7 (b) Ensure that the work of art is properly installed within the public view.

SB59,463,10 (c) Cooperate with the building commission and consult with the artist or the artist's representative to ensure that the work of art is properly maintained and is not artistically altered without the consent of the artist or the artist's representative.

SB59,463,17 (d) Ensure that the work of art is maintained and displayed in or on the grounds of the state building for at least 25 years, unless, after consultation with the state agency making principal use of the building to which the work of art is appurtenant, the board finds that earlier removal is in the public interest. When a work of art acquired under this section is removed from a state building, the board shall loan the work of art to an accredited museum in the state or to an educational or other appropriate public institution capable of maintaining and exhibiting the work of art.

SB59,427 Section 427. 45.03 (15) of the statutes is amended to read:

SB59,464,8 45.03 (15) Deferral of payments and interest on loans. When a veteran or a member of the veteran's family makes application for deferment of payment of monthly installments and waiver of interest charges on veterans loans made under this chapter, showing that the ability of the veteran to make payment is materially and adversely affected by reason of military service, the department may, with the approval of the board, defer payment of monthly installments and waive interest charges on veterans loans made under this chapter for the duration of any period of service in the armed forces of the United States during a national emergency or in time of war or under P.L. 87-117 and 6 months from date of discharge or separation and the time for payment may be extended for the same period. However, when funds estimated to be received in the veterans mortgage loan repayment fund to pay debt service on public debt contracted under s. 20.866 (2) (zn) and (zo) are less than the funds estimated to be required for the payment of the debt service, the board may grant deferral of payments and interest on loans provided under s. 45.37 only when so required by federal law.

SB59,428 Section 428. 45.03 (16) (c) 2. (intro.) of the statutes is amended to read:

SB59,464,13 45.03 (16) (c) 2. (intro.) The department shall declare immediately due and payable any loan made after July 29, 1979, under a program administered by the department under s. 45.40 or subch. III, if it finds that the loan was granted to an ineligible person due to any of the following circumstances:

SB59,429 Section 429. 45.03 (16) (c) 3. (intro.) of the statutes is amended to read:

SB59,464,16 45.03 (16) (c) 3. (intro.) Loan application forms processed by the department for programs administered under s. 45.40 or subch. III shall do all of the following:

SB59,430 Section 430. 45.03 (16) (c) 4. of the statutes is amended to read:

SB59,464,20 45.03 (16) (c) 4. The department shall incorporate the payment acceleration requirements of subd. 2. in all loan documents for programs administered by the department under s. 45.40 or subch. III.

SB59,431 Section 431. Subchapter III of chapter 45 [precedes 45.30] of the statutes is repealed.

SB59,432 Section 432. 45.42 (4) of the statutes is amended to read:

SB59,465,5 45.42 (4) The department may execute necessary instruments, collect interest and principal, compromise indebtedness, sue and be sued, post bonds, and write off indebtedness that it considers uncollectible. If a loan under this section is secured by a real estate mortgage, the department may exercise the rights of owners and mortgagees generally and the rights and powers set forth in s. 45.32 , 2017 stats. The department shall pay all interest and principal repaid on the loan into the veterans trust fund.

SB59,433 Section 433. 45.42 (8) (a) of the statutes is repealed.

SB59,434 Section 434. 45.42 (8) (b) of the statutes is renumbered 45.42 (8).

SB59,435 Section 435. 45.48 of the statutes is created to read:

SB59,465,13 45.48 Veterans outreach and recovery program. (1) To be funded from the appropriation under s. 20.485 (2) (qs), the department shall administer a program to provide outreach, mental health services, and support to individuals who reside in this state, who may have a mental health condition or substance use disorder, and who meet one of the following conditions:

SB59,465,15 (a) Are serving in the national guard of any state or a reserve component of the U.S. armed forces.

SB59,465,19 (b) Served on active duty in the U.S. armed forces, forces incorporated as part of the U.S. armed forces, a reserve component of the U.S. armed forces, or the national guard of any state and were discharged under conditions other than dishonorable.

SB59,465,21 (2) The eligibility requirements under s. 45.02 do not apply to an individual receiving services under sub. (1).

SB59,465,23 (3) The department may provide payments to facilitate the provision of services under sub. (1).

SB59,436 Section 436 . 45.57 of the statutes is amended to read:

SB59,466,5 45.57 Veterans homes; transfer of funding. The department may transfer all or part of the unencumbered balance of any of the appropriations under s. 20.485 (1) (g), (gd), (gk), or (i) to the veterans trust fund or to the veterans mortgage loan repayment fund. The department shall notify the joint committee on finance in writing of any balance transferred under this section.

SB59,437 Section 437. 46.057 (1) of the statutes is amended to read:

SB59,467,3 46.057 (1) The department shall establish, maintain, and operate the Mendota juvenile treatment center on the grounds of the Mendota Mental Health Institute. The department may designate staff at the Mendota Mental Health Institute as responsible for administering, and providing services at, the center. Notwithstanding ss. 301.02, 301.03, and 301.36 (1), the department shall operate the Mendota juvenile treatment center as a juvenile correctional facility, as defined in s. 938.02 (10p). The center shall not be considered a hospital, as defined in s. 50.33 (2), an inpatient facility, as defined in s. 51.01 (10), a state treatment facility, as defined in s. 51.01 (15), or a treatment facility, as defined in s. 51.01 (19). The center shall provide psychological and psychiatric evaluations and treatment for juveniles whose behavior presents a serious problem to themselves or others in other juvenile correctional facilities or in secured residential care centers for children and youth and whose mental health needs can be met at the center. With the approval of the department of health services, the department of corrections may transfer to the center any juvenile who has been placed in a juvenile correctional facility or a secured residential care center for children and youth under the supervision of the department of corrections under s. 938.183, 938.34 (4h) or (4m), or 938.357 (3), (4), or (5) (e) in the same manner that the department of corrections transfers juveniles between other juvenile correctional facilities. Upon the recommendation of Subject to s. 938.357 (3) (c), with the approval of the department of health services, a court may place a juvenile at the center in a proceeding for a change in placement order under s. 938.357 (3).

SB59,438 Section 438 . 46.057 (1) of the statutes, as affected by 2017 Wisconsin Act 185, section 15, and 2019 Wisconsin Act .... (this act), is repealed and recreated to read:

SB59,468,2 46.057 (1) The department shall establish, maintain, and operate the Mendota juvenile treatment center on the grounds of the Mendota Mental Health Institute. The department may designate staff at the Mendota Mental Health Institute as responsible for administering, and providing services at, the center. Notwithstanding ss. 301.02, 301.03, and 301.36 (1), the department shall operate the Mendota juvenile treatment center as a juvenile correctional facility, as defined in s. 938.02 (10p). The center shall not be considered a hospital, as defined in s. 50.33 (2), an inpatient facility, as defined in s. 51.01 (10), a state treatment facility, as defined in s. 51.01 (15), or a treatment facility, as defined in s. 51.01 (19). The center shall provide psychological and psychiatric evaluations and treatment for juveniles whose behavior presents a serious problem to themselves or others in other juvenile correctional facilities or in secured residential care centers for children and youth and whose mental health needs can be met at the center. With the approval of the department of health services, the department of corrections may transfer to the center any juvenile who has been placed in a juvenile correctional facility or a secured residential care center for children and youth under the supervision of the department of corrections under s. 938.183, 938.34 (4h), or 938.357 (3), (4), or (5) (e) in the same manner that the department of corrections transfers juveniles between other juvenile correctional facilities. Subject to s. 938.357 (3) (c), with the approval of the department of health services, a court may place a juvenile at the center in a proceeding for a change in placement order under s. 938.357 (3).

SB59,439 Section 439. 46.057 (1m) of the statutes is created to read:

SB59,468,7 46.057 (1m) Only the director of the Mendota Mental Health Institute, or his or her designee, is authorized to make decisions regarding the admission of juveniles to and treatment of juveniles at the center and the release and return of juveniles to the appropriate state or county facility.