(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and family services relating to the registration of sanitarians, as determined by the secretary of administration, is transferred to the department of regulation and licensing.
(e) Contracts. All contracts entered into by the department of health and family services relating to the registration of sanitarians in effect on the effective date of this paragraph remain in effect and are transferred to the department of regulation and licensing. The department of regulation and licensing shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of regulation and licensing to the extent allowed under the contract.
(f) Pending matters. Any matter pending with the department of health and family services relating to the regulation of sanitarians on the effective date of this paragraph is transferred to the department of regulation and licensing and all materials submitted to or actions taken by the department of health and family services with respect to the pending matter are considered as having been submitted to or taken by the department of regulation and licensing.
SECTION 9321. Initial applicability; health and family services.
(1) TRANSFER OF SANITARIAN REGISTRATION. The treatment of sections 20.435 (1) (gm) (with respect to the transfer of the duty to regulate sanitarians), 21.72 (1) (a) 4., 49.857 (1) (d) 4., 73.0301 (1) (d) 3., 250.041 (1) (a), 250.05, 440.03 (13) (b) 66d., 440.05 (intro.), 440.08 (2) (a) 68b., 440.23 (1), and 440.70 (9) and subchapter VI of chapter 440 of the statutes first applies to applications for sanitarian registration or for renewal of sanitarian registration made on the effective date of this subsection.
****NOTE: This is reconciled SECTION 9321 (1). This SECTION has been affected by LRB-0316/2.
(End)
LRB-0349LRB-0349/5
DAK:wlj/jld:ch
2005 - 2006 LEGISLATURE
DOA:......Rhodes, BB0044 - Grants for community programs and grants for children's community programs
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Mental illness and developmental disabilities
This bill requires DHFS to award general purpose revenues in fiscal years 2005-06 and 2006-07 as grants for community programs, to organizations or groups of organizations, to provide screening, assessment, and treatment for female prisoners and offenders from Milwaukee County who have committed nonviolent crimes, to assist in community reintegration, and to provide at-risk assessments and support services for the dependent children of the prisoners and offenders.
The bill also requires DHFS, from program revenue received from the child abuse prevention and child mental health surcharge on misdemeanors and felonies, to award grants to counties with populations of less than 500,000 and to tribal governing bodies in the counties. The grants are for promotion of collaboration between county departments of human services and tribes among county departments of social services, community programs, and tribal agencies, for intervention for the mental health and substance abuse screening, assessment, and treatment of abused and neglected children and their parents for whom the county departments or tribal agencies determine there is a need for services.
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:
SECTION 1. 46.48 (11m) of the statutes is created to read:
46.48 (11m) FEMALE OFFENDER REINTEGRATION PROGRAM. (a) In this subsection:
1. "Offender" has the meaning given in s. 304.16 (2) (i).
2. "Prisoner" has the meaning given in s. 301.01 (2).
(b) The department shall award not more than $139,100 in fiscal year 2005-06 and not more than $140,000 in fiscal year 2006-07 as a grant to an organization or a group of organizations to provide services for female prisoners and offenders from Milwaukee County and their children, if the prisoners or offenders have been convicted of nonviolent crimes.
(c) The grant awardee under par. (b) shall provide at least all of the following for up to 6 months before a prisoner's release from prison and up to 2 years after release:
1. Screening, assessment, and treatment, including mental health and permanency services, for the prisoners or offenders to assist in their reintegration into the community.
2. At-risk assessments for all dependent children of female prisoners or offenders who receive services under subd. 1., and comprehensive support services.
SECTION 2. 46.481 of the statutes is renumbered 46.481 (1m).
SECTION 3. 46.481 (2m) of the statutes is created to read:
46.481 (2m) From the appropriation under s. 20.435 (6) (gb), the department shall award not more than $57,500 in fiscal year 2005-06 and not more than $229,800 in fiscal year 2006-07 as grants for up to 3 years to counties with populations of less than 500,000 and to tribal governing bodies to demonstrate collaboration between a county department under s. 46.23 and a tribal agency in a county or among county departments under ss. 46.22 and 51.42 and tribal agencies in a county for intervention for the mental health and substance abuse screening, assessment, and treatment of children who have been abused or neglected and their parents for whom the county departments and tribal agencies determine there is a need to provide services.
(End)
LRB-0350LRB-0350/1
DAK:kjf:rs
2005 - 2006 LEGISLATURE
DOA:......Milioto, BB0054 - Use of Medical Assistance waiver funds for new construction
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Medical Assistance
Currently, under waivers of federal Medicaid laws, DHFS administers community integration programs under which Medical Assistance (MA) recipients who reside in state centers for the developmentally disabled or other institutions or who meet certain levels of care are relocated into their communities and provided home and community-based services. These services are provided by counties and are reimbursed by DHFS from general purpose revenue, federal Medicaid moneys and the MA trust fund. Counties are prohibited from using the moneys to do several things including purchasing land or constructing buildings.
This bill permits counties to use funding for home and community-based services provided to MA recipients, under the community integration waiver programs, to purchase land or construct buildings if the purchase or construction is determined necessary by DHFS.
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:
SECTION 1. 46.275 (5) (b) 1. of the statutes is amended to read:
46.275 (5) (b) 1. Purchase land or construct buildings, unless the purchase or construction is determined necessary by the department.
(End)
LRB-0351LRB-0351/1
MGG:kjf:rs
2005 - 2006 LEGISLATURE
DOA:......Statz, BB0129 - Snowmobile trail grooming reimbursement rate
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Natural resources
Recreation
Under current law, DNR provides supplemental aid for the maintenance and grooming of state and county snowmobile trails. The supplemental aid is available if the total actual cost of maintenance exceeds $250 per mile in a given year and of those maintenance costs the cost for grooming the trails exceeds $130 per mile in the same year. This bill increases the $130 per mile amount to $150 per mile.
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:
SECTION 1. 350.12 (4) (bm) 2. of the statutes is amended to read:
350.12 (4) (bm) 2. Of the actual cost incurred by the department or the county in maintaining its trails that are qualified under par. (b) 1. or 4. for the fiscal year applicable under subd. 1., the actual cost incurred in grooming the trails exceeds a maximum of $130 $150 per mile per year.
(End)
LRB-0352LRB-0352/4
CMH:wlj:rs
2005 - 2006 LEGISLATURE
DOA:......Ziegler, BB0219 - Repeal qualified economic offer
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: qualified economic offers under the Municipal Employment Relations Act.
Analysis by the Legislative Reference Bureau
employment
Under current law, in local government employment other than law enforcement and fire fighting employment, if a dispute relating to the terms of a proposed collective bargaining agreement has not been settled after a reasonable period of negotiation and after mediation by the Wisconsin Employment Relations Commission (WERC), either party, or the parties jointly, may petition WERC to initiate compulsory, final, and binding arbitration with respect to any dispute relating to wages, hours, and conditions of employment. If WERC determines, after investigation, that an impasse exists and that arbitration is required, WERC must submit to the parties a list of seven arbitrators, from which the parties alternately strike names until one arbitrator is left. As an alternative to a single arbitrator, WERC may provide for an arbitration panel that consists of one person selected by each party and one person selected by WERC. As a further alternative, WERC may also provide a process that allows for a random selection of a single arbitrator from a list of seven names submitted by WERC. Under current law, an arbitrator or arbitration panel must adopt the final offer of one of the parties on all disputed issues, which is then incorporated into the collective bargaining agreement.
Under current law, however, this process does not apply to a dispute over economic issues involving a collective bargaining unit consisting of school district professional employees if WERC determines, subsequent to an investigation, that the employer has submitted a qualified economic offer (QEO). Under current law, a QEO consists of a proposal to maintain the percentage contribution by the employer to the employees' existing fringe benefit costs and the employees' existing fringe benefits and to provide for an annual average salary increase having a cost to the employer at least equal to 2.1 percent of the existing total compensation and fringe benefit costs for the employees in the collective bargaining unit plus any fringe benefit savings. Fringe benefit savings is that amount, if any, by which 1.7 percent of the total compensation and fringe benefit costs for all municipal employees in a collective bargaining unit for any 12-month period covered by a proposed collective bargaining agreement exceeds the increased cost required to maintain the percentage contribution by the municipal employer to the municipal employees' existing fringe benefit costs and to maintain all fringe benefits provided to the municipal employees.
This bill eliminates the QEO exception from the compulsory, final, and binding arbitration process.
Under current law, school district professional employees are required to be placed in a collective bargaining unit that is separate from the units of other school district employees. This bill eliminates this requirement.
Finally, the bill eliminates a 3.8 percent cap imposed on salary and fringe benefit annual cost increases for all nonrepresented professional school district employees.
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:
SECTION 1. 111.70 (1) (b) of the statutes is amended to read:
111.70 (1) (b) "Collective bargaining unit" means a the unit consisting of municipal employees who are school district professional employees or of municipal employees who are not school district professional employees that is determined by the commission to be appropriate for the purpose of collective bargaining.
SECTION 2. 111.70 (1) (dm) of the statutes is repealed.
SECTION 3. 111.70 (1) (fm) of the statutes is repealed.
SECTION 4. 111.70 (1) (nc) of the statutes is repealed.
SECTION 5. 111.70 (4) (cm) 5s. of the statutes is repealed.
SECTION 6. 111.70 (4) (cm) 6. a. of the statutes is amended to read:
111.70 (4) (cm) 6. a. If in any collective bargaining unit a dispute relating to one or more issues, qualifying for interest arbitration under subd. 5s. in a collective bargaining unit to which subd. 5s. applies, has not been settled after a reasonable period of negotiation and after mediation by the commission under subd. 3. and other settlement procedures, if any, established by the parties have been exhausted, and the parties are deadlocked with respect to any dispute between them over wages, hours and conditions of employment to be included in a new collective bargaining agreement, either party, or the parties jointly, may petition the commission, in writing, to initiate compulsory, final and binding arbitration, as provided in this paragraph. At the time the petition is filed, the petitioning party shall submit in writing to the other party and the commission its preliminary final offer containing its latest proposals on all issues in dispute. Within 14 calendar days after the date of that submission, the other party shall submit in writing its preliminary final offer on all disputed issues to the petitioning party and the commission. If a petition is filed jointly, both parties shall exchange their preliminary final offers in writing and submit copies to the commission at the time the petition is filed.
SECTION 7. 111.70 (4) (cm) 6. am. of the statutes is amended to read:
111.70 (4) (cm) 6. am. Upon receipt of a petition to initiate arbitration, the commission shall make an investigation, with or without a formal hearing, to determine whether arbitration should be commenced. If in determining whether an impasse exists the commission finds that the procedures set forth in this paragraph have not been complied with and such compliance would tend to result in a settlement, it may order such compliance before ordering arbitration. The validity of any arbitration award or collective bargaining agreement shall not be affected by failure to comply with such procedures. Prior to the close of the investigation each party shall submit in writing to the commission its single final offer containing its final proposals on all issues in dispute that are subject to interest arbitration under this subdivision or under subd. 5s. in collective bargaining units to which subd. 5s. applies. If a party fails to submit a single, ultimate final offer, the commission shall close the investigation based on the last written position of the party. The municipal employer may not submit a qualified economic offer under subd. 5s. after the close of the investigation. Such final offers may include only mandatory subjects of bargaining, except that a permissive subject of bargaining may be included by a party if the other party does not object and shall then be treated as a mandatory subject. No later than such time, the parties shall also submit to the commission a stipulation, in writing, with respect to all matters which are agreed upon for inclusion in the new or amended collective bargaining agreement. The commission, after receiving a report from its investigator and determining that arbitration should be commenced, shall issue an order requiring arbitration and immediately submit to the parties a list of 7 arbitrators. Upon receipt of such list, the parties shall alternately strike names until a single name is left, who shall be appointed as arbitrator. The petitioning party shall notify the commission in writing of the identity of the arbitrator selected. Upon receipt of such notice, the commission shall formally appoint the arbitrator and submit to him or her the final offers of the parties. The final offers shall be considered public documents and shall be available from the commission. In lieu of a single arbitrator and upon request of both parties, the commission shall appoint a tripartite arbitration panel consisting of one member selected by each of the parties and a neutral person designated by the commission who shall serve as a chairperson. An arbitration panel has the same powers and duties as provided in this section for any other appointed arbitrator, and all arbitration decisions by such panel shall be determined by majority vote. In lieu of selection of the arbitrator by the parties and upon request of both parties, the commission shall establish a procedure for randomly selecting names of arbitrators. Under the procedure, the commission shall submit a list of 7 arbitrators to the parties. Each party shall strike one name from the list. From the remaining 5 names, the commission shall randomly appoint an arbitrator. Unless both parties to an arbitration proceeding otherwise agree in writing, every individual whose name is submitted by the commission for appointment as an arbitrator shall be a resident of this state at the time of submission and every individual who is designated as an arbitration panel chairperson shall be a resident of this state at the time of designation.
SECTION 8. 111.70 (4) (cm) 8m. a. and c. of the statutes are consolidated, renumbered 111.70 (4) (cm) 8m. and amended to read:
111.70 (4) (cm) 8m. 'Term of agreement; reopening of negotiations.' Except for the initial collective bargaining agreement between the parties and, except as the parties otherwise agree, and except as provided in par. (cn), every collective bargaining agreement covering municipal employees subject to this paragraph other than school district professional employees shall be for a term of 2 years. No, but in no case may a collective bargaining agreement for any collective bargaining unit consisting of municipal employees subject to this paragraph other than school district professional employees shall be for a term exceeding 3 years. c. No arbitration award may contain a provision for reopening of negotiations during the term of a collective bargaining agreement, unless both parties agree to such a provision. The requirement for agreement by both parties does not apply to a provision for reopening of negotiations with respect to any portion of an agreement that is declared invalid by a court or administrative agency or rendered invalid by the enactment of a law or promulgation of a federal regulation.
SECTION 9. 111.70 (4) (cm) 8m. b. of the statutes is repealed.
SECTION 10. 111.70 (4) (cm) 8p. of the statutes is repealed.
SECTION 11. 111.70 (4) (cm) 8s. of the statutes is repealed.
SECTION 12. 111.70 (4) (d) 2. a. of the statutes is amended to read:
