AB43: Bill Text

AB43,,1824 40.22 (2r) (intro.) Except as otherwise provided in s. 40.26 (6) (1), 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:

AB43,716 Section 716. 40.22 (3) (intro.) of the statutes is amended to read:

AB43,,1826 40.22 (3) (intro.) Except as otherwise provided in s. 40.26 (6) (1), 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:

AB43,717 Section 717. 40.23 (1) (bm) of the statutes is renumbered 40.23 (1) (bm) 1. and amended to read:

AB43,,1828 40.23 (1) (bm) 1. If an application by a participant age 55 or over, or by a protective occupation participant age 50 or over, for group long-term disability insurance benefits under s. 40.64 is disapproved under rules promulgated by the department, the date which 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.

AB43,718 Section 718. 40.26 (1) of the statutes is amended to read:

AB43,,1830 40.26 (1) Except as provided in sub. (1m) and ss. 40.05 (2) (g) 2. and 40.23 (1) (am), if a participant receiving a retirement annuity, or a disability annuitant who has attained his or her normal retirement date, receives earnings that are subject to s. 40.05 (1) or that would be subject to s. 40.05 (1) except for the exclusion specified in s. 40.22 (2) (L), the annuity shall be suspended, including any amount provided by additional contributions, and no annuity payment shall be payable after the month in which the participant files with the department a written election to be included within the provisions of the Wisconsin retirement system as a participating employee.

AB43,719 Section 719. 40.26 (1m) of the statutes is repealed.

AB43,720 Section 720. 40.26 (2) (intro.) of the statutes is amended to read:

AB43,,1833 40.26 (2) (intro.) Upon suspension of an annuity under sub. (1) or (1m), the retirement account of the participant whose annuity is so suspended shall be established on the following basis:

AB43,721 Section 721. 40.26 (5) (intro.) of the statutes is amended to read:

AB43,,1835 40.26 (5) (intro.) Except as otherwise provided in sub. (5m), if If a participant applies for an annuity or lump sum payment during the period in which less than 75 30 days have elapsed between the termination of employment with a participating employer and becoming a participating employee with any participating employer, all of the following shall apply:

AB43,722 Section 722. 40.26 (5m) of the statutes is repealed.

AB43,723 Section 723. 40.26 (6) of the statutes is repealed.

AB43,724 Section 724. 40.51 (2m) (a) of the statutes is repealed.

AB43,725 Section 725. 40.51 (2m) (b) of the statutes is renumbered 40.51 (2m) and amended to read:

AB43,,1840 40.51 (2m) If an eligible employee is divorced or was a domestic partner in a dissolved domestic partnership, the eligible employee may not enroll a new spouse or domestic partner in a group health insurance plan under this subchapter until 6 months have elapsed since the date of the divorce or dissolved domestic partnership.

AB43,726 Section 726. 40.51 (7) (a) of the statutes is amended to read:

AB43,,1842 40.51 (7) (a) Any employer, other than the state, including an employer that is not a participating employer, may offer to all of its employees a health care coverage plan through a program offered by the group insurance board. Notwithstanding sub. (2) and ss. 40.05 (4) and 40.52 (1), the department may by rule establish different eligibility standards or contribution requirements for such employees and employers. Beginning on January 1, 2012, except as otherwise provided in a collective bargaining agreement under subch. IV of ch. 111 that covers public safety employees or transit employees and except as provided in par. (b), an employer may not offer a health care coverage plan to its employees under this subsection if the employer pays more than 88 percent of the average premium cost of plans offered in any tier with the lowest employee premium cost under this subsection.

AB43,727 Section 727. 40.51 (8) of the statutes is amended to read:

AB43,,1844 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, 632.729, 632.746 (1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.861, 632.862, 632.867, 632.87 (3) to (6) (8), 632.871, 632.885, 632.89, 632.895 (5m) and (8) to (17), and 632.896.

****Note: This is reconciled s. 40.51 (8). This Section has been affected by drafts with the following LRB numbers: -1147/P1, -1151/P2, -1153/P1, -1156/P1, and -1157/P1.

AB43,728 Section 728. 40.51 (8m) of the statutes is amended to read:

AB43,,1846 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, 632.729, 632.746 (1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.861, 632.862, 632.867, 632.87 (7) and (8), 632.871, 632.885, 632.89, and 632.895 (11) (8) and (10) to (17).

****Note: This is reconciled s. 40.51 (8m). This Section has been affected by drafts with the following LRB numbers: -1147/P1, -1151/P2, -1153/P1, -1156/P1, and -1157/P1.

AB43,729 Section 729. 40.513 (3) (b) of the statutes is amended to read:

AB43,,1848 40.513 (3) (b) The employee’s spouse or domestic partner is receiving health care coverage under s. 40.51 (6).

AB43,730 Section 730. 40.52 (2) of the statutes is amended to read:

AB43,,1850 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.

AB43,731 Section 731. 40.55 (1) of the statutes is amended to read:

AB43,,1852 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. 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.

AB43,732 Section 732. 40.61 (1) of the statutes is amended to read:

AB43,,1854 40.61 (1) The procedures and provisions pertaining to enrollment, premium transmitted and coverage of eligible employees for group income continuation benefits shall be established by contract or rule except as otherwise specifically provided by this chapter.

AB43,733 Section 733. 40.61 (2) of the statutes is amended to read:

AB43,,1856 40.61 (2) Except as provided in sub. (4), any an eligible employee may become covered by group income continuation insurance by electing coverage within 30 days of initial eligibility, to be effective as of the first day of the month that first occurs during the 30-day period, or by electing coverage within 60 days of initially becoming eligible for a higher level of employer contribution towards the premium cost to be effective as of the first day of the month following the date of eligibility for teachers employed by the university and effective as of the following April 1 for all other employees. Any An employee who does not so elect at one of these times, or who subsequently cancels the insurance, may not thereafter become insured unless the employee furnishes evidence of insurability under the terms of the contract, or as otherwise provided by rule for employees under sub. (3), at the employee’s own expense or obtains coverage subject to contractual waiting periods if contractual waiting periods are provided for by the contract or by rule for employees under sub. (3). An employee who furnishes satisfactory evidence of insurability under the terms of the contract shall become insured as of the first day of the month following the date of approval of evidence. The method to be used shall be determined by the group insurance board under sub. (1).

AB43,734 Section 734. 40.61 (2) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

AB43,,1858 40.61 (2) Except as provided in sub. (4), an eligible employee may become covered by group income continuation insurance by electing coverage within 30 days of initial eligibility, to be effective as of the first day of the month that first occurs during the 30-day period, or by electing coverage within 60 days of initially becoming eligible for a higher level of employer contribution towards the premium cost to be effective as of the first day of the month following the date of eligibility for teachers employed by the university and effective as of the following April 1 for all other employees. An employee who does not so elect at one of these times, or who subsequently cancels the insurance, may not thereafter become insured unless the employee furnishes evidence of insurability under the terms of the contract, or as otherwise provided by rule for employees under sub. (3), at the employee’s own expense or obtains coverage subject to contractual waiting periods if contractual waiting periods are provided for by the contract or by rule for employees under sub. (3). An employee who furnishes satisfactory evidence of insurability under the terms of the contract shall become insured as of the first day of the month following the date of approval of evidence. The method to be used shall be determined by the board under sub. (1).

AB43,735 Section 735. 40.61 (3) of the statutes is amended to read:

AB43,,1860 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.

AB43,736 Section 736. 40.62 (1) of the statutes is amended to read:

AB43,,1862 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 waiting period established by the group insurance board.

AB43,737 Section 737. 40.62 (1) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is renumbered 40.62 and amended to read:

AB43,,1864 40.62 Income continuation insurance benefits. The board shall establish 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. An employee insured under the plan is eligible for benefits upon exhaustion of accumulated sick leave and completion of the a waiting period selected by the employee from the available options established by the board.

AB43,738 Section 738. 40.62 (1m) of the statutes is repealed.

AB43,739 Section 739. 40.62 (2) of the statutes is repealed.

AB43,740 Section 740. 40.63 (7) of the statutes is renumbered 40.23 (1) (bm) 2.

AB43,741 Section 741. 40.64 of the statutes is created to read:

AB43,,1869 40.64 Long-term disability insurance coverage. The board may establish a group long-term disability insurance plan.

AB43,742 Section 742. 40.65 (7) (am) 1. of the statutes is amended to read:

AB43,,1871 40.65 (7) (am) 1. To the surviving spouse or surviving domestic partner until the surviving spouse remarries, or the surviving domestic partner enters into a new domestic partnership or marries, if the surviving spouse was married to the participant on the date that the participant was disabled under sub. (4), or the surviving domestic partner was in a domestic partnership on the date that the participant was disabled under sub. (4), 50 percent of the participant’s monthly salary at the time of death, but reduced by any amount payable under sub. (5) (b) 1. to 6.

AB43,743 Section 743. 40.65 (7) (am) 1g. of the statutes is repealed.

AB43,744 Section 744. 40.65 (7) (am) 1m. of the statutes is repealed.

AB43,745 Section 745. 40.65 (7) (am) 3. of the statutes is amended to read:

AB43,,1875 40.65 (7) (am) 3. The total monthly amount paid under subds. 1., 1g., 1m., and 2. may not exceed 70 percent of the participant’s monthly salary at the time of death reduced by any amounts under sub. (5) (b) 1. to 6. that relate to the participant’s work record.

AB43,746 Section 746. 40.65 (7) (ar) 1. a. of the statutes is amended to read:

AB43,,1877 40.65 (7) (ar) 1. a. To the surviving spouse or the surviving domestic partner until the surviving spouse remarries, or the surviving domestic partner enters into a new domestic partnership or marries, if the surviving spouse was married to the participant on the date that the participant was disabled under sub. (4), or the surviving domestic partner was in a domestic partnership with the participant on the date that the participant was disabled under sub. (4), 70 percent of the participant’s monthly salary at the time of death, but reduced by any amount payable under sub. (5) (b) 1. to 6.

AB43,747 Section 747. 40.65 (7) (ar) 1. ag. of the statutes is repealed.

AB43,748 Section 748. 40.65 (7) (ar) 1. am. of the statutes is repealed.

AB43,749 Section 749. 40.80 (2r) (a) 1. of the statutes is amended to read:

AB43,,1881 40.80 (2r) (a) 1. Relates to a marriage or domestic partnership that terminated after December 1, 2001.

AB43,750 Section 750. 40.80 (2r) (a) 2. of the statutes is amended to read:

AB43,,1883 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.

AB43,751 Section 751. 41.11 (1) (gm) of the statutes is created to read:

AB43,,1885 41.11 (1) (gm) From the appropriation under s. 20.380 (1) (c), expend moneys to attract major opportunities and events to this state, including expenditures for major marketing and professional efforts. The department shall collaborate with the Wisconsin Economic Development Corporation to implement the department’s duties under this paragraph.

AB43,752 Section 752. 41.11 (1) (h) of the statutes is amended to read:

AB43,,1887 41.11 (1) (h) Annually report to the senate natural resources committee and the assembly committee on tourism appropriate standing committees of the legislature under s. 13.172 (3) the activities, marketing efforts, receipts, and disbursements of the department for the previous fiscal year. The report under this paragraph shall include information on the marketing efforts conducted for the Frank Lloyd Wright Trail established under s. 84.10255.

AB43,753 Section 753. 41.11 (5) of the statutes is repealed.

AB43,754 Section 754. 41.12 (3) of the statutes is repealed.

AB43,755 Section 755. 41.17 (5) of the statutes is amended to read:

AB43,,1891 41.17 (5) Funding source. Subject to the 50 percent limitation under s. 20.380 (1) (b) and the proportional expenditure requirements under s. 20.380 (1) (b) and (kg), the department shall expend, from the appropriations under s. 20.380 (1) (b), (kg), and (w), at least $1,130,000 in the aggregate in each fiscal year in joint effort marketing funds under this section.

AB43,756 Section 756. 41.21 of the statutes is repealed.

AB43,757 Section 757. 41.24 (3) of the statutes is repealed.

AB43,758 Section 758. 43.05 (12m) of the statutes is created to read:

AB43,,1895 43.05 (12m) From the appropriation under s. 20.255 (3) (cL), beginning in the 2024-25 school year, provide payments, in the amount of $2,500 per student per semester, to students who are pursuing a degree in library science and are placed as an intern in a public library. The division may promulgate rules to implement this subsection.

AB43,759 Section 759. 45.01 (6) (c) of the statutes is amended to read:

AB43,,1897 45.01 (6) (c) The biological natural or adoptive parent or a person who acts in the place of a parent and who has so acted for not less than 12 months prior to the veteran’s entrance into active service.

AB43,760 Section 760. 45.01 (12) (fm) of the statutes is created to read:

AB43,,1899 45.01 (12) (fm) A person who was naturalized pursuant to section 2 (1) of the federal Hmong Veterans’ Naturalization Act of 2000, P.L. 106-207, and resides in this state or a person who the secretary determines served honorably with a special guerrilla unit or irregular forces operating from a base in Laos in support of the armed forces of the United States at any time during the period beginning February 28, 1961, and ending May 7, 1975; is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; and resides in the state.

AB43,761 Section 761. 45.12 (1) (a) of the statutes is amended to read:

AB43,,1901 45.12 (1) (a) “Disabled veteran-owned business” means a business certified by the department of administration under s. 16.283 (3) that has an owner who owns not less than 51 percent of the business who is in receipt of an award from the U.S. department of veterans affairs of a service-connected disability rating under 38 USC 1114 or 1134.

AB43,762 Section 762. 45.40 (title) of the statutes is repealed and recreated to read:

AB43,,1903 45.40 (title) Veterans assistance grants.

AB43,763 Section 763. 45.40 (1g) (a) of the statutes is amended to read:

AB43,,1905 45.40 (1g) (a) “Health care provider” means an advanced practice nurse prescriber certified under s. 441.16 (2), an audiologist licensed under ch. 459, a dentist licensed under ch. 447, an optometrist licensed under ch. 449, a physician licensed under s. 448.02, or a podiatrist licensed under s. 448.63 has the meaning given in s. 146.81 (1) and includes an ambulatory surgery center.

AB43,764 Section 764. 45.40 (1m) (a) of the statutes is amended to read:

AB43,,1907 45.40 (1m) (a) The department may provide subsistence payments to a veteran on a month-to-month basis or for a 3-month period. The department may pay subsistence aid for a 3-month period if the veteran will be incapacitated for more than 3 months and if earned or unearned income or aid from sources other than those listed in the application will not be available in the 3-month period. The department may provide subsistence payments only to a veteran who has suffered a loss of income due to illness, injury, or natural disaster. The department may grant subsistence aid under this subsection to a veteran whose loss of income is the result of abuse of alcohol or other drugs only if the veteran is participating in an alcohol and other drug abuse treatment program that is approved by the department. No payment may be made under this subsection if the veteran has other assets or income available to meet basic subsistence needs or if the veteran is eligible to receive aid from other sources to meet those needs. When determining the assets available to the veteran, the department may not include the first $50,000 of cash surrender value of any life insurance.

AB43,765 Section 765. 45.40 (1m) (b) of the statutes is amended to read:

AB43,,1909 45.40 (1m) (b) The maximum amount that any veteran may receive under this subsection per occurrence during a consecutive 12-month period may not exceed $3,000 $5,000.

AB43,766 Section 766. 45.40 (2) (a) of the statutes is amended to read: