2009 Wisconsin Act 15

2. The secretary shall pay, on behalf of the employee, all required employer contributions under the retirement system established under chapter 201, laws of 1937.

(d) The employee shall have his or her sick leave accrued with the state computed by treating the employee's unused balance of sick leave accrued with the county as sick leave accrued in state service, but not to exceed the amount of sick leave the employee would have accrued in state service for the same period, if the employee is able to provide adequate documentation in accounting for sick leave used during the accrual period with the county. Sick leave that transfers under this paragraph is not subject to a right of conversion, under s. 40.05 (4) or otherwise, upon death or termination of creditable service for payment of health insurance benefits on behalf of the employee or the employee's dependents.

15,23 Section 23. 49.847 (3) of the statutes is renumbered 49.847 (3) (a) and amended to read:

49.847 (3) (a) Subject to ss. 49.497 (2) and 49.793 (2), and except as provided in par. (b), a county or elected governing body may retain a portion of an amount recovered under this section due to the efforts of an employee or officer of the county, tribe, or band, as provided by the department by rule.

15,24 Section 24. 49.847 (3) (b) of the statutes is created to read:

49.847 (3) (b) Any amount that Milwaukee County would otherwise be entitled to retain under par. (a) for the recovery of an amount under this section due to the efforts of a department employee or officer, or a county employee or officer under the management of the department, shall be credited to the appropriation account under s. 20.435 (4) (L).

15,25 Section 25. 49.89 (7) (a) of the statutes is amended to read:

49.89 (7) (a) Any Except as provided in par. (f), any county or elected tribal governing body that has made a recovery under this section shall receive an incentive payment from the sum recovered as provided under this subsection.

15,26 Section 26. 49.89 (7) (f) of the statutes is created to read:

49.89 (7) (f) The amount of any incentive payment to which Milwaukee County would otherwise be entitled under this subsection for a recovery under this section due to the efforts of an employee or officer of the department of health services, or a county employee or officer under the management of the department of health services, shall be credited to the appropriation account under s. 20.435 (4) (im).

15,27 Section 27. 63.03 (2) (r) of the statutes is created to read:

63.03 (2) (r) All staff performing services for the Milwaukee County enrollment services unit under s. 49.825.

15,28 Section 28. 111.70 (1) (a) of the statutes is amended to read:

111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours and conditions of employment, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 61.66, except as provided in sub. subs. (3m) and (4) (m) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal employees under ch. 164. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The municipal employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours and conditions of employment of the municipal employees in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employees by the constitutions of this state and of the United States and by this subchapter.

15,29 Section 29. 111.70 (3m) of the statutes is created to read:

111.70 (3m) Milwaukee county enrollment services unit. A collective bargaining agreement that covers municipal employees performing services for the Milwaukee County enrollment services unit under s. 49.825 shall contain a provision that permits the terms of the agreement to be modified with respect to hours and conditions of employment by a memorandum of understanding under s. 49.825 (3) (b) 4.

15,30 Section 30. 230.44 (1) (h) of the statutes is created to read:

230.44 (1) (h) Decisions affecting Milwaukee County employees by the department of health services. A decision of the department of health services relating to a Milwaukee County employee under s. 49.825 (3) (b).

15,31 Section 31. Nonstatutory provisions.

(1) Transfer of public assistance program administrative functions.

(a) Definitions. In this subsection:

1. "County" means Milwaukee County.

2. "County department" means the Milwaukee County department of social services under section 49.215 of the statutes.

3. "Department" means the department of health services.

(b) Transition plan. On the effective date of this paragraph, the county and the department shall begin the transition from the county to the department of administrative functions for the programs specified in section 49.825 (2) (a) of the statutes, as created by this act, and shall cooperate in the transition. The department shall develop a transition plan that includes the reporting, exchange of information, and staff deployment that the department needs and that the county department must provide for the transition. The secretary of administration shall resolve any disagreement between the department and the county or county department.

(c) Records. By January 15, 2010, the county shall transfer to the department all records in the possession of the county that are related to eligibility processing for the programs specified in section 49.825 (2) (a) of the statutes, as created by this act. The county department and the department shall jointly identify those records and jointly develop and implement a plan for the orderly transfer of the records.

(d) County administration. In calendar year 2009, the county shall continue to perform the administrative functions for the programs specified in section 49.825 (2) (a) of the statutes, as created by this act, as provided under any contracts requiring those administrative functions until the department notifies the county that it is prepared to assume responsibility for the administrative functions. The county and department shall contract with respect to administrative functions that the department requires the county to perform to assist the department in administering the programs specified in section 49.825 (2) (a) of the statutes, as created by this act, for the years after 2009.

(e) Future operation. Within 6 months after the dismissal of the litigation commenced by April West and others against county and department officials, the department and county shall identify the standards required for county operation of the income maintenance programs, as defined in section 49.78 (1) (b) of the statutes, in the county and initiate discussions regarding who shall operate the income maintenance programs in the county in the future and how those programs shall be operated.

(2) Treatment of former county employees appointed to positions in the department of health services. Section 49.825 (4) of the statutes, as created by this act, shall apply to any employee who is appointed to a position in the department of health services beginning on April 1, 2009, and ending on the effective date of this subsection, and who, immediately prior to his or her appointment, was a county employee, except that for purposes of section 49.825 (4) (c) of the statutes, as created by this act, the employee may continue to be a participating employee in the retirement system established under chapter 201, laws of 1937, by exercising this option, in writing, on a form provided by the department of health services no later than 10 days after after the effective date of this subsection. If an employee exercises the option to continue to be a participating employee in the retirement system established under chapter 201, laws of 1937, the employee shall notify the department of employee trust funds, in writing, on a form provided by the department of health services, that the employee is no longer a participating employee under the Wisconsin Retirement System and is instead a participating employee in the retirement system established under chapter 201, laws of 1937. An employee's decision to be a participating employee in the retirement system established under chapter 201, laws of 1937, is irrevocable during the period that the employee is holding a state employee position in the Milwaukee County enrollment services unit under section 49.825 of the statutes, as created by this act.

15,32 Section 32 . Initial applicability.

(1) Collective bargaining. The treatment of sections 63.03 (2) (r) and 111.70 (1) (a) and (3m) of the statutes first applies to any employee of Milwaukee County who is covered by a collective bargaining agreement that contains provisions inconsistent with this act on the day on which the collective bargaining agreement expires or is extended, modified, or renewed, whichever occurs first.

(2) Incorrect and correct payment recoveries. The treatment of sections 20.435 (4) (im) and (L), 49.496 (5), and 49.89 (7) (a) and (f) of the statutes, the renumbering and amendment of sections 49.496 (4), 49.497 (2), 49.793 (2), and 49.847 (3) of the statutes, and the creation of sections 49.496 (4) (b), 49.497 (2) (b), 49.793 (2) (b), and 49.847 (3) (b) of the statutes first apply to recovery activities that are commenced on the effective date of this subsection.

15,33 Section 33. Effective dates. This act takes effect on the day after publication, except as follows:

(1) Incorrect and correct payment recoveries. The treatment of sections 20.435 (4) (im) and (L), 49.496 (5), and 49.89 (7) (a) and (f) of the statutes, the renumbering and amendment of sections 49.496 (4), 49.497 (2), 49.793 (2), and 49.847 (3) of the statutes, the creation of sections 49.496 (4) (b), 49.497 (2) (b), 49.793 (2) (b), and 49.847 (3) (b) of the statutes, and Section 32 (2 ) of this act take effect on January 1, 2010.