SB161,11,1614 (c) The department may enter into a contract with the county that provides for
15the performance by the county of any of the administrative functions under this
16subsection.
SB161,11,2017 (d) 1. The department shall reimburse the county for all approved, allowable
18costs that exceed the amounts specified in subd. 2. and that are incurred by the
19county under a contract with the department for the operation of the public
20assistance programs under par. (a) in the county.
SB161,12,221 2. In 2009 the county shall expend at least $3,559,800, for which the county
22shall not be reimbursed by the department, for the operation of income maintenance
23programs in the county. In each year thereafter, the county's unreimbursed required
24minimum expenditure for the operation of income maintenance programs in the
25county shall increase by the percentage increase in annual wage and benefit costs

1paid with respect to county employees performing services under this section for the
2unit.
SB161,12,9 3(3) Division of employment-related functions. (a) Supervisory personnel in
4the unit shall be state employees. Nonsupervisory staff performing services under
5this section for the unit may be a combination of state employees and employees of
6Milwaukee County. For the performance of services under this section for the unit,
7the county shall maintain no fewer represented authorized full-time employee
8positions than the number of represented full-time employee positions that were
9authorized on February 1, 2009, for performance of the same types of services.
SB161,12,1310 (b) 1. The department shall have the authority to hire, transfer, suspend, lay
11off, recall, promote, discharge, assign, reward, discipline, and adjust grievances with
12respect to, and state supervisory employees may supervise, county employees
13performing services under this section for the unit.
SB161,12,1614 2. For the purposes under subd. 1., the department shall use the same process
15and procedures under ch. 230 that are used for the classified service of the state civil
16service system, including specifically the use of probationary periods under s. 230.28.
SB161,12,1917 3. County employees performing services under this section for the unit shall
18be subject to the residency requirements that apply to other county employees under
19the county's civil service rules.
SB161,12,2520 4. The department may enter into a memorandum of understanding, as
21described under s. 111.70 (3m), with the certified representative of the county
22employees performing services under this section for the unit. If there is a dispute
23as to hours or conditions of employment that remains between the department and
24the certified representative after a good faith effort to resolve it, the department may
25unilaterally resolve the dispute.
SB161,13,2
1(c) The county shall perform all administrative tasks related to payroll and
2benefits for the county employees performing services under this section for the unit.
SB161,13,7 3(4) Treatment of former county employees appointed to state employee
4positions in the unit.
All of the following shall apply to an employee who is appointed
5to a state employee position in the unit after the effective date of this subsection ....
6[LRB inserts date], and who, immediately prior to his or her appointment, was a
7county employee:
SB161,13,108 (a) The employee shall serve any applicable probationary period under s.
9230.28, but shall have his or her seniority with the state computed by treating the
10employee's total service with the county as state service.
SB161,13,1211 (b) Annual leave for the employee shall accrue at the rate provided in s. 230.35
12using the employee's state service computed under par. (a).
SB161,13,2113 (c) 1. The employee may remain a participating employee in the retirement
14system established under chapter 201, laws of 1937. To remain under the retirement
15system established under chapter 201, laws of 1937, the employee must exercise this
16option in writing, on a form provided by the department, at the time the employee
17is appointed to a state employee position. The employee shall exercise this option,
18in writing, no later than 10 days after the employee is appointed to a state employee
19position. An employee's decision to remain a participating employee in the
20retirement system established under chapter 201, laws of 1937, is irrevocable during
21the period that the employee is holding a state employee position in the unit.
SB161,13,2422 2. The secretary shall pay, on behalf of the employee, all required employer
23contributions under the retirement system established under chapter 201, laws of
241937
.
SB161,14,9
1(d) The employee shall have his or her sick leave accrued with the state
2computed by treating the employee's unused balance of sick leave accrued with the
3county as sick leave accrued in state service, but not to exceed the amount of sick
4leave the employee would have accrued in state service for the same period, if the
5employee is able to provide adequate documentation in accounting for sick leave used
6during the accrual period with the county. Sick leave that transfers under this
7paragraph is not subject to a right of conversion, under s. 40.05 (4) or otherwise, upon
8death or termination of creditable service for payment of health insurance benefits
9on behalf of the employee or the employee's dependents.
SB161, s. 23 10Section 23. 49.847 (3) of the statutes is renumbered 49.847 (3) (a) and
11amended to read:
SB161,14,1512 49.847 (3) (a) Subject to ss. 49.497 (2) and 49.793 (2), and except as provided
13in par. (b)
, a county or elected governing body may retain a portion of an amount
14recovered under this section due to the efforts of an employee or officer of the county,
15tribe, or band, as provided by the department by rule.
SB161, s. 24 16Section 24. 49.847 (3) (b) of the statutes is created to read:
SB161,14,2117 49.847 (3) (b) Any amount that Milwaukee County would otherwise be entitled
18to retain under par. (a) for the recovery of an amount under this section due to the
19efforts of a department employee or officer, or a county employee or officer under the
20management of the department, shall be credited to the appropriation account under
21s. 20.435 (4) (L).
SB161, s. 25 22Section 25. 49.89 (7) (a) of the statutes is amended to read:
SB161,14,2523 49.89 (7) (a) Any Except as provided in par. (f), any county or elected tribal
24governing body that has made a recovery under this section shall receive an incentive
25payment from the sum recovered as provided under this subsection.
SB161, s. 26
1Section 26. 49.89 (7) (f) of the statutes is created to read:
SB161,15,62 49.89 (7) (f) The amount of any incentive payment to which Milwaukee County
3would otherwise be entitled under this subsection for a recovery under this section
4due to the efforts of an employee or officer of the department of health services, or
5a county employee or officer under the management of the department of health
6services, shall be credited to the appropriation account under s. 20.435 (4) (im).
SB161, s. 27 7Section 27. 63.03 (2) (r) of the statutes is created to read:
SB161,15,98 63.03 (2) (r) All staff performing services for the Milwaukee County enrollment
9services unit under s. 49.825.
SB161, s. 28 10Section 28. 111.70 (1) (a) of the statutes is amended to read:
SB161,16,811 111.70 (1) (a) "Collective bargaining" means the performance of the mutual
12obligation of a municipal employer, through its officers and agents, and the
13representative of its municipal employees in a collective bargaining unit, to meet and
14confer at reasonable times, in good faith, with the intention of reaching an
15agreement, or to resolve questions arising under such an agreement, with respect to
16wages, hours and conditions of employment, and with respect to a requirement of the
17municipal employer for a municipal employee to perform law enforcement and fire
18fighting services under s. 61.66, except as provided in sub. subs. (3m) and (4) (m) and
19s. 40.81 (3) and except that a municipal employer shall not meet and confer with
20respect to any proposal to diminish or abridge the rights guaranteed to municipal
21employees under ch. 164. The duty to bargain, however, does not compel either party
22to agree to a proposal or require the making of a concession. Collective bargaining
23includes the reduction of any agreement reached to a written and signed document.
24The municipal employer shall not be required to bargain on subjects reserved to
25management and direction of the governmental unit except insofar as the manner

1of exercise of such functions affects the wages, hours and conditions of employment
2of the municipal employees in a collective bargaining unit. In creating this
3subchapter the legislature recognizes that the municipal employer must exercise its
4powers and responsibilities to act for the government and good order of the
5jurisdiction which it serves, its commercial benefit and the health, safety and welfare
6of the public to assure orderly operations and functions within its jurisdiction,
7subject to those rights secured to municipal employees by the constitutions of this
8state and of the United States and by this subchapter.
SB161, s. 29 9Section 29. 111.70 (3m) of the statutes is created to read:
SB161,16,1510 111.70 (3m) Milwaukee county enrollment services unit. A collective
11bargaining agreement that covers municipal employees performing services for the
12Milwaukee County enrollment services unit under s. 49.825 shall contain a provision
13that permits the terms of the agreement to be modified with respect to hours and
14conditions of employment by a memorandum of understanding under s. 49.825 (3)
15(b) 4.
SB161, s. 30 16Section 30. 230.44 (1) (h) of the statutes is created to read:
SB161,16,1917 230.44 (1) (h) Decisions affecting Milwaukee County employees by the
18department of health services.
A decision of the department of health services
19relating to a Milwaukee County employee under s. 49.825 (3) (b).
SB161, s. 31 20Section 31. Nonstatutory provisions.
SB161,16,2121 (1) Transfer of public assistance program administrative functions.
SB161,16,2222 (a) Definitions. In this subsection:
SB161,16,23 231. "County" means Milwaukee County.
SB161,16,25 242. "County department" means the Milwaukee County department of social
25services under section 49.215 of the statutes.
SB161,17,1
13. "Department" means the department of health services.
SB161,17,102 (b) Transition plan. On the effective date of this paragraph, the county and the
3department shall begin the transition from the county to the department of
4administrative functions for the programs specified in section 49.825 (2) (a) of the
5statutes, as created by this act, and shall cooperate in the transition. The
6department shall develop a transition plan that includes the reporting, exchange of
7information, and staff deployment that the department needs and that the county
8department must provide for the transition. The secretary of administration shall
9resolve any disagreement between the department and the county or county
10department.
SB161,17,1511 (c) Records. By January 15, 2010, the county shall transfer to the department
12all records in the possession of the county that are related to eligibility processing
13for the programs specified in section 49.825 (2) (a) of the statutes, as created by this
14act. The county department and the department shall jointly identify those records
15and jointly develop and implement a plan for the orderly transfer of the records.
SB161,17,2416 (d) County administration. In calendar year 2009, the county shall continue
17to perform the administrative functions for the programs specified in section 49.825
18(2) (a) of the statutes, as created by this act, as provided under any contracts
19requiring those administrative functions until the department notifies the county
20that it is prepared to assume responsibility for the administrative functions. The
21county and department shall contract with respect to administrative functions that
22the department requires the county to perform to assist the department in
23administering the programs specified in section 49.825 (2) (a) of the statutes, as
24created by this act, for the years after 2009.
SB161,18,6
1(e) Future operation. After the dismissal of the litigation commenced by April
2West and others against county and department officials, the department and county
3shall identify the standards required for county operation of the income maintenance
4programs, as defined in section 49.78 (1) (b) of the statutes, in the county and initiate
5discussions regarding who shall operate the income maintenance programs in the
6county in the future and how those programs shall be operated.
SB161,19,27 (2) Treatment of former county employees appointed to positions in the
8department of health services.
Section 49.825 (4) of the statutes, as created by this
9act, shall apply to any employee who is appointed to a position in the department of
10health services beginning on April 1, 2009, and ending on the effective date of this
11subsection, and who, immediately prior to his or her appointment, was a county
12employee, except that for purposes of section 49.825 (4) (c) of the statutes, as created
13by this act, the employee may continue to be a participating employee in the
14retirement system established under chapter 201, laws of 1937, by exercising this
15option, in writing, on a form provided by the department of health services no later
16than 10 days after after the effective date of this subsection. If an employee exercises
17the option to continue to be a participating employee in the retirement system
18established under chapter 201, laws of 1937, the employee shall notify the
19department of employee trust funds, in writing, on a form provided by the
20department of health services, that the employee is no longer a participating
21employee under the Wisconsin Retirement System and is instead a participating
22employee in the retirement system established under chapter 201, laws of 1937. An
23employee's decision to be a participating employee in the retirement system
24established under chapter 201, laws of 1937, is irrevocable during the period that the

1employee is holding a state employee position in the Milwaukee County enrollment
2services unit under section 49.825 of the statutes, as created by this act.
SB161, s. 32 3Section 32 . Initial applicability.
SB161,19,84 (1) Collective bargaining. The treatment of sections 63.03 (2) (r) and 111.70
5(1) (a) and (3m) of the statutes first applies to any employee of Milwaukee County
6who is covered by a collective bargaining agreement that contains provisions
7inconsistent with this act on the day on which the collective bargaining agreement
8expires or is extended, modified, or renewed, whichever occurs first.
SB161,19,149 (2) Incorrect and correct payment recoveries. The treatment of sections
1020.435 (4) (im) and (L), 49.496 (5), and 49.89 (7) (a) and (f) of the statutes, the
11renumbering and amendment of sections 49.496 (4), 49.497 (2), 49.793 (2), and
1249.847 (3) of the statutes, and the creation of sections 49.496 (4) (b), 49.497 (2) (b),
1349.793 (2) (b), and 49.847 (3) (b) of the statutes first apply to recovery activities that
14are commenced on the effective date of this subsection.
SB161, s. 33 15Section 33. Effective dates. This act takes effect on the day after publication,
16except as follows:
SB161,19,2217 (1) Incorrect and correct payment recoveries. The treatment of sections
1820.435 (4) (im) and (L), 49.496 (5), and 49.89 (7) (a) and (f) of the statutes, the
19renumbering and amendment of sections 49.496 (4), 49.497 (2), 49.793 (2), and
2049.847 (3) of the statutes, the creation of sections 49.496 (4) (b), 49.497 (2) (b), 49.793
21(2) (b), and 49.847 (3) (b) of the statutes, and Section 32 (2 ) of this act take effect on
22January 1, 2010.
SB161,19,2323 (End)
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