SB481: Bill Text

LRB-3943/1

GMM:rs&kmg:kjf

2001 - 2002 LEGISLATURE

2001 Senate BILL 481

February 28, 2002 - Introduced by Senator George. Referred to Joint Committee on Retirement Systems.

SB481,2,11 An Act to amend 13.94 (4) (a) 1., 13.94 (4) (b), 17.13 (intro.), 19.32 (1), 19.82 (1), 25.50 (1) (d), 40.02 (28), 40.02 (36), 46.24, 46.261 (1) (a), 46.261 (2) (a) 3., 48.069 (2), 48.07 (3), 48.195 (2) (d) 2., 48.227 (1), 48.345 (4) (bm), 48.355 (2b), 48.375 (4) (a) 1., 48.375 (4) (b) 1m., 48.375 (4) (b) 3., 48.375 (7) (f), 48.38 (1) (a), 48.40 (1), 48.428 (2) (a), 48.428 (2) (b), 48.43 (7), 48.48 (17) (a) 3., 48.48 (17) (a) 11., 48.62 (1) (a), 48.62 (1) (b), 48.62 (2), 48.62 (3), 48.627 (2) (a), 48.627 (2) (b), 48.627 (2) (d), 48.63 (1), 48.64 (1), 48.64 (1r), 48.64 (4) (a), 48.685 (2) (am) (intro.), 48.685 (2) (am) 5., 48.685 (2) (bb), 48.685 (2) (bd), 48.685 (2) (bm), 48.685 (3) (a), 48.685 (3m), 48.685 (4m) (a) (intro.), 48.685 (4m) (ad), 48.685 (5) (a), 48.685 (5c) (b), 48.685 (5m), 48.685 (6) (a), 48.685 (8), 48.75 (1b), 48.78 (1), 48.78 (2) (c), 48.825 (3) (a), 48.825 (3) (d), 48.831 (2), 48.831 (4) (e), 48.832, 48.833, 48.837 (4) (c), 48.837 (4) (d), 48.837 (6) (d), 48.839 (1) (d), 48.839 (4) (a), 48.839 (4) (b), 48.88 (2) (a) 2., 48.88 (2) (c), 48.89 (1), 48.89 (3), 48.95, 48.981 (1) (ag), 48.981 (3) (a), 48.981 (3) (c) 2. a., 48.981 (3) (c) 2m. a., 48.981 (3) (c) 3., 48.981 (3) (c) 4., 48.981 (3) (c) 5m., 48.981 (3) (c) 7., 48.981 (3) (c) 8., 48.981 (3) (cm), 48.981 (3) (d), 48.981 (5), 48.981 (7) (a) 5., 48.981 (7) (a) 6., 48.981 (7) (a) 6m., 48.981 (7) (a) 13., 48.981 (7) (a) 15., 48.981 (8) (a), 48.981 (8) (c), 66.0301 (1) (a), 69.30 (2), 70.11 (2), 71.26 (1) (b), 101.01 (4), 102.01 (2) (d), 102.04 (1) (a), 103.001 (6), 111.70 (1) (j), 118.17, 632.896 (1) (c) 1., 767.001 (2) (b), 767.24 (3) (a), 809.105 (13), 938.355 (2b), 985.01 (1g) and 985.01 (3); to repeal and recreate 40.02 (28); and to create 17.13 (5), 17.27 (3p), 48.427 (3m) (a) 3m., 48.562, 48.685 (6) (b) 2m., 48.831 (1m) (bm), 48.831 (4) (b) 4., 48.977 (4) (a) 7m., 69.30 (1) (bg) and 632.745 (6) (a) 2p. of the statutes; relating to: the creation of a Milwaukee County child welfare district to contract with the department of health and family services to provide child welfare services in Milwaukee County.

Analysis by the Legislative Reference Bureau

Under current law, the department of health and family services (DHFS) provides child welfare services in a county having a population of 500,000 or more (Milwaukee County). Those services include such services as receiving and investigating reports of suspected or threatened child abuse or neglect, referring children to the court assigned to exercise jurisdiction under the Children's Code (juvenile court), providing intake and dispositional services for the juvenile court, providing appropriate protection or services for children and their families, licensing and placing children in foster homes, and placing children for adoption.

This bill authorizes the county board of supervisors of Milwaukee County to create a special purpose district that is termed the "Milwaukee County child welfare district" (district). Under the bill, the district is a local unit of government that is separate and distinct from the state and the county. The primary purpose of the district is to provide, under contract with DHFS, child welfare services in Milwaukee County. The district is governed by a board consisting of 15 members who are appointed for five-year terms by the county executive. Board members must be residents of Milwaukee County, and at least one-fourth of the members must be representative of the client groups whom it is the district's primary purpose to serve or the family members, guardians, or other advocates of the children and families that are served by the district. Members of the board must reflect the ethnic and economic diversity of Milwaukee County, and no member may be an elected or appointed official or an employee of Milwaukee County or have a private financial interest in or profit from any contract or other business of the district.

The bill authorizes the district to provide, under contract with DHFS, child welfare services and to exercise all of the powers of DHFS relating to the provision of child welfare services in Milwaukee County that DHFS, by contract, authorizes the district to exercise. In addition, the bill grants to the district the powers to adopt and alter an official seal; adopt bylaws, policies, and procedures to regulate its affairs; sue and be sued; negotiate and enter into leases and contracts; provide services to children and families, in addition to the services funded under the contract with DHFS; acquire, construct, equip, maintain, improve, and manage facilities necessary to provide child welfare services; employ agents, employees, or special advisers, fix and regulate their compensation, and provide employee benefits; mortgage, pledge, or otherwise encumber the district's property or funds; buy, sell, or lease property and maintain or dispose of it; create a risk reserve or special reserve, including as DHFS requires by contract; accept aid; and make instruments necessary to exercise its powers. In addition, the district may invest funds in an interest-bearing escrow account, in time deposits with a maturity of not more than two years, and in federal bonds or securities. The district may not, however, issue bonds or levy a tax or assessment.

Under the bill, the district board must appoint a director, who must manage the district's property, business, and employees, direct enforcement of the board's policies, and perform any other additional duties as prescribed by the board. The district board must also develop and implement a personnel structure and other employment policies. If the district hires an employee who formerly was an employee of Milwaukee County to perform the same or substantially similar functions that the employee previously performed, the district board must do the following:

1. For an employee whose wages, hours, and conditions of employment were established in a collective bargaining agreement with the county that is in effect on the date on which the individual commences employment with the district, abide by the terms of the collective bargaining agreement concerning the individual's compensation and benefits until the expiration of that collective bargaining agreement or the adoption of a collective bargaining agreement with the district covering the individual as an employee of the district, whichever occurs first.

2. For an employee whose wages, hours, and conditions of employment were not established in a collective bargaining agreement with the county that is in effect on the date on which the individual commences employment with the district, initially provide that individual the same compensation and benefits that the individual received while employed by the county.

3. Recognize all years of service that the individual had with the county for any benefit provided or program operated by the district for which an employee's years of service may affect the provision of the benefit or the operation of the program.

The county board that created the district must do all the following:

1. Provide that district employees are eligible to participate in the county retirement system.

2. Provide that district employees are eligible to receive health care coverage under any county health insurance plan that is offered to county employees.

3. Provide that district employees are eligible to participate in any deferred compensation or other benefit plan offered by the county to county employees, including disability and long-term care insurance coverage and income continuation insurance coverage.

The bill specifies that certain laws apply to the district. Specifically, under the bill, the district:

1. Must comply with the open records laws, except that the district may not disclose information about a person in the care of the district unless permitted to under an exception to the confidentiality requirements of the Children's Code.

2. Must comply with the open meetings laws.

3. Is subject to auditing by the legislative audit bureau and review of the district's performance by the joint legislative audit committee.

4. Is an employer for all purposes of the municipal employment relations laws; as such, employees of the district may organize and seek to establish wages, hours, and conditions of employment through collective bargaining.

5. May participate in the local government pooled-investment fund.

6. May contract with municipalities and federally recognized American Indian tribes and bands in this state for the receipt or furnishing of services or the joint exercise of required or authorized powers or duties.

7. Is exempt from local property tax and state income tax.

8. May participate in programs of state retirement, health and long-term care benefits, disability benefits and survivor benefits, deferred compensation plans, employee-funded reimbursement accounts, and health insurance premium credits and be included as a coverage group under the federal Social Security Act.

9. Is an "employer" for the purposes of coverage for group and individual health benefits and for small employer health insurance.

10. Is a "municipality" for the purposes of laws relating to the publication of legal notices.

Finally, under the bill, obligations and debts of the district are not the obligations or debts of the county that created the district. The district may be dissolved by joint action of the district board and the county board that created the district, subject to performance of its contractual obligations and approval by the secretary of health and family services.

This bill will be referred to the joint survey committee on retirement systems for a detailed analysis, which will be printed as an appendix to this bill.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB481, s. 1 Section 1. 13.94 (4) (a) 1. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

SB481,5,16 13.94 (4) (a) 1. Every state department, board, examining board, affiliated credentialing board, commission, independent agency, council, or office in the executive branch of state government; all bodies created by the legislature in the legislative or judicial branch of state government; any public body corporate and politic created by the legislature including specifically the Fox River Navigational System Authority, a professional baseball park district, a local professional football stadium district, a local cultural arts district and, a family care district under s. 46.2895, and the Milwaukee County child welfare district under s. 48.562; every Wisconsin works agency under subch. III of ch. 49; every provider of medical assistance under subch. IV of ch. 49; technical college district boards; development zones designated under s. 560.71; every county department under s. 51.42 or 51.437; every nonprofit corporation or cooperative to which moneys are specifically appropriated by state law; and every corporation, institution, association, or other organization which that receives more than 50% of its annual budget from appropriations made by state law, including subgrantee or subcontractor recipients of such funds.

SB481, s. 2 Section 2. 13.94 (4) (b) of the statutes is amended to read:

SB481,5,24 13.94 (4) (b) In performing audits of family care districts under s. 46.2895, the Milwaukee County child welfare district under s. 48.562, Wisconsin works agencies under subch. III of ch. 49, providers of medical assistance under subch. IV of ch. 49, corporations, institutions, associations, or other organizations, and their subgrantees or subcontractors, the legislative audit bureau shall audit only the records and operations of such providers and organizations which pertain to the receipt, disbursement, or other handling of appropriations made by state law.

SB481, s. 3 Section 3. 17.13 (intro.) of the statutes is amended to read:

SB481,6,5 17.13 Removal of village, town, town sanitary district, school district, technical college and district, family care district, and Milwaukee County child welfare district officers. (intro.) Officers of towns, town sanitary districts, villages, school districts, technical college districts, and family care districts and of the Milwaukee County child welfare district may be removed as follows:

SB481, s. 4 Section 4. 17.13 (5) of the statutes is created to read:

SB481,6,9 17.13 (5) Appointive officers of the Milwaukee County child welfare district. Any member of the Milwaukee County child welfare district board appointed under s. 48.562 (3) (a), by the appointing authority for cause.

SB481, s. 5 Section 5. 17.27 (3p) of the statutes is created to read:

SB481,6,15 17.27 (3p) Milwaukee County child welfare district board. If a vacancy occurs in the position of any appointed member of the Milwaukee County child welfare district board, the appointing authority shall appoint to serve for the residue of the unexpired term a person who meets the applicable requirements under s. 48.562 (3) (b).

SB481, s. 6 Section 6. 19.32 (1) of the statutes is amended to read:

SB481,7,3 19.32 (1) "Authority" means any of the following having custody of a record: a state or local office, elected official, agency, board, commission, committee, council, department, or public body corporate and politic created by constitution, law, ordinance, rule, or order; a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation; a local exposition district under subch. II of ch. 229; a family care district under s. 46.2895; the Milwaukee County child welfare district under s. 48.562; any court of law; the assembly or senate; a nonprofit corporation which that receives more than 50% of its funds from a county or a municipality, as defined in s. 59.001 (3), and which that provides services related to public health or safety to the county or municipality; a nonprofit corporation operating the Olympic ice training center under s. 42.11 (3); or a formally constituted subunit of any of the foregoing.

SB481, s. 7 Section 7. 19.82 (1) of the statutes is amended to read:

SB481,7,15 19.82 (1) "Governmental body" means a state or local agency, board, commission, committee, council, department, or public body corporate and politic created by constitution, statute, ordinance, rule, or order; a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation; a local exposition district under subch. II of ch. 229; a family care district under s. 46.2895; the Milwaukee County child welfare district under s. 48.562; a nonprofit corporation operating the Olympic ice training center under s. 42.11 (3); or a formally constituted subunit of any of the foregoing, but excludes any such body or committee or subunit of such body which that is formed for or meeting for the purpose of collective bargaining under subch. I, IV, or V of ch. 111.

SB481, s. 8 Section 8. 25.50 (1) (d) of the statutes is amended to read:

SB481,8,2 25.50 (1) (d) "Local government" means any county, town, village, city, power district, sewerage district, drainage district, town sanitary district, public inland lake protection and rehabilitation district, local professional baseball park district created under subch. III of ch. 229, family care district under s. 46.2895, local professional football stadium district created under subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229, public library system, school district, or technical college district in this state, the Milwaukee County child welfare district under s. 48.562, any commission, committee, board, or officer of any governmental subdivision of this state, any court of this state, other than the court of appeals or the supreme court, or any authority created under s. 231.02, 233.02, or 234.02.