101.177 (1) (d) "State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, and the Wisconsin Health and Educational Facilities Authority, but excluding the Health Insurance Risk-Sharing Plan Authority and the Lower Fox River Remediation Authority.
SECTION 42. 111.81 (3h) of the statutes is created to read:
111.81 (3h) "Consumer" means a person meeting all the criteria under s. 46.2898 (3).
SECTION 43. 111.81 (7) (g) of the statutes is created to read:
111.81 (7) (g) For purposes of this subchapter only, home care providers. This paragraph does not make home care providers state employees for any other purpose except collective bargaining.
SECTION 44. 111.81 (9k) of the statutes is created to read:
111.81 (9k) "Home care provider" means a qualified provider under s. 46.2898 (1) (d).
SECTION 45. 111.815 (1) and (2) of the statutes are amended to read:
111.815 (1) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The office shall negotiate and administer collective bargaining agreements except that the department of health services, subject to the approval of the federal centers for medicare and medicaid services, shall negotiate and administer collective bargaining agreements entered into with the collective bargaining unit specified in s. 111.825 (2g). To coordinate the employer position in the negotiation of agreements, the office, or the department of health services with regard to collective bargaining agreements entered into with the collective bargaining unit specified in s. 111.825 (2g), shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications of those agreements. Except with respect to the collective bargaining units specified in s. 111.825 (1m) and, (2) (f), and (2g), the office is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies on matters of agency concern. The legislative branch shall act upon those portions of tentative agreements negotiated by the office that require legislative action. With respect to the collective bargaining units specified in s. 111.825 (1m), the University of Wisconsin Hospitals and Clinics Board is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (2) (f), the governing board of the charter school established by contract under s. 118.40 (2r) (cm) is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (2g), the department of health services, subject to the approval of the federal centers for medicare and medicaid services, is responsible for the employer functions of the executive branch under this subchapter.
(2) In the furtherance of the policy under s. 111.80 (4), the director of the office shall, together with the appointing authorities or their representatives, represent the state in its responsibility as an employer under this subchapter except with respect to negotiations in the collective bargaining units specified in s. 111.825 (1m), and (2) (f), and (2g). The director of the office shall establish and maintain, wherever practicable, consistent employment relations policies and practices throughout the state service.
SECTION 46. 111.825 (2g) of the statutes is created to read:
111.825 (2g) A collective bargaining unit for employees who are home care providers shall be structured as a single statewide collective bargaining unit.
SECTION 47. 111.825 (3) of the statutes is amended to read:
111.825 (3) The commission shall assign employees to the appropriate collective bargaining units set forth in subs. (1), (1m) and, (2), and (2g).
SECTION 48. 111.825 (4) of the statutes is amended to read:
111.825 (4) Any labor organization may petition for recognition as the exclusive representative of a collective bargaining unit specified in sub. (1), (1m) or, (2), or (2g) in accordance with the election procedures set forth in s. 111.83, provided the petition is accompanied by a 30% showing of interest in the form of signed authorization cards. Each additional labor organization seeking to appear on the ballot shall file petitions within 60 days of the date of filing of the original petition and prove, through signed authorization cards, that at least 10% of the employees in the collective bargaining unit want it to be their representative.
SECTION 49. 111.83 (1) of the statutes is amended to read:
111.83 (1) Except as provided in sub. subs. (5) and (5m), a representative chosen for the purposes of collective bargaining by a majority of the employees voting in a collective bargaining unit shall be the exclusive representative of all of the employees in such unit for the purposes of collective bargaining. Any individual employee, or any minority group of employees in any collective bargaining unit, may present grievances to the employer in person, or through representatives of their own choosing, and the employer shall confer with said employee or group of employees in relation thereto if the majority representative has been afforded the opportunity to be present at the conference. Any adjustment resulting from such a conference may not be inconsistent with the conditions of employment established by the majority representative and the employer.
SECTION 50. 111.83 (5m) of the statutes is created to read:
111.83 (5m) (a) This subsection applies only to a collective bargaining unit specified in s. 111.825 (2g).
(b) Upon the filing of a petition with the commission indicating a showing of interest of at least 30 percent of the home care providers included in the collective bargaining unit under s. 111.825 (2g) to be represented by a labor organization or to change the existing representative, the commission shall hold an election in which the home care providers may vote on the question of representation. The labor organization named in the petition shall be included on the ballot. Within 60 days of the time that the petition is filed, another petition may be filed with the commission indicating a showing of interest of at least 10 percent of the home care providers who are included in the collective bargaining unit under s. 111.825 (2g) to be represented by another labor organization, in which case the name of that labor organization shall also be included on the ballot.
(c) If at an election held under par. (b), a majority of home care providers voting in the collective bargaining unit vote for a single labor organization, the labor organization shall be the exclusive representative for all home care providers in that collective bargaining unit. If no single labor organization receives a majority of the votes cast, the commission may hold one or more runoff elections under sub. (4) until one labor organization receives a majority of the votes cast.
SECTION 51. 111.84 (2) (c) of the statutes is amended to read:
111.84 (2) (c) To refuse to bargain collectively on matters set forth in s. 111.91 (1) with the duly authorized officer or agent of the employer which is the recognized or certified exclusive collective bargaining representative of employees specified in s. 111.81 (7) (a) in an appropriate collective bargaining unit or with the certified exclusive collective bargaining representative of employees specified in s. 111.81 (7) (b) to (f) (g) in an appropriate collective bargaining unit. Such refusal to bargain shall include, but not be limited to, the refusal to execute a collective bargaining agreement previously orally agreed upon.
SECTION 52. 111.905 of the statutes is created to read:
111.905 Rights of consumer. (1) This subchapter does not interfere with the rights of the consumer to hire, discharge, suspend, promote, retain, lay off, supervise, or discipline home care providers or to set terms, conditions, and duties of employment.
(2) A home care provider is an at will provider of home care services to a consumer and this subchapter does not interfere with that relationship.
SECTION 53. 111.91 (1) (cg) of the statutes is created to read:
111.91 (1) (cg) The representative of home care providers in the collective bargaining unit specified under s. 118.825 (2g) may not bargain collectively with respect to any matter other than wages and fringe benefits.
SECTION 54. 111.91 (2c) of the statutes is created to read:
111.91 (2c) In addition to the prohibited subjects under sub. (2), the employer is prohibited from bargaining with a collective bargaining unit formed under s. 111.825 (2g) on any of the following:
(a) Policies.
(b) Work rules.
(c) Hours of employment.
(d) Any right of the consumer under s. 111.905.
SECTION 55. 111.92 (1) (a) of the statutes is amended to read:
111.92 (1) (a) Any tentative agreement reached between the office, or, as provided in s. 111.815 (1), the department of health services, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1) or, (2) (a) to (e), or (2g) shall, after official ratification by the labor organization, be submitted by the office or department of health services to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval. If the committee approves the tentative agreement, it shall introduce in a bill or companion bills, to be put on the calendar or referred to the appropriate scheduling committee of each house, that portion of the tentative agreement which requires legislative action for implementation, such as salary and wage adjustments, changes in fringe benefits, and any proposed amendments, deletions or additions to existing law. Such bill or companion bills are not subject to ss. 13.093 (1), 13.50 (6) (a) and (b) and 16.47 (2). The committee may, however, submit suitable portions of the tentative agreement to appropriate legislative committees for advisory recommendations on the proposed terms. The committee shall accompany the introduction of such proposed legislation with a message that informs the legislature of the committee's concurrence with the matters under consideration and which recommends the passage of such legislation without change. If the joint committee on employment relations does not approve the tentative agreement, it shall be returned to the parties for renegotiation. If the legislature does not adopt without change that portion of the tentative agreement introduced by the joint committee on employment relations, the tentative agreement shall be returned to the parties for renegotiation.
SECTION 56. 230.03 (3) of the statutes is amended to read:
230.03 (3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 52, 231, 232, 233, 234, 235, 237, or 279. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.
SECTION 57. 281.75 (4) (b) 3. of the statutes is amended to read:
281.75 (4) (b) 3. An authority created under subch. II of ch. 114 or ch. 52, 231, 233, 234, or 237.
SECTION 58. 285.59 (1) (b) of the statutes is amended to read:
285.59 (1) (b) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, and the Wisconsin Health and Educational Facilities Authority.
SECTION 59. 704.31 (3) of the statutes is amended to read:
704.31 (3) This section does not apply to a lease to which a local professional baseball park district created under subch. III of ch. 229, the Wisconsin Quality Home Care Authority, or the Fox River Navigational System Authority is a party.
SECTION 9122. Nonstatutory provisions; Health Services.
(1) QUALITY HOME CARE; RULES. Using the procedure under section 227.24 of the statutes, the department of health services may promulgate rules under section 46.2898 (7) of the statutes, as created by this act, which shall remain in effect until the date on which permanent rules take effect, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
SECTION 9155m. Nonstatutory provisions; Wisconsin Quality Home Care Authority.
(1) INITIAL TERMS OF WISCONSIN QUALITY HOME CARE AUTHORITY BOARD. Notwithstanding the length of terms specified for the members of the board of the Wisconsin Quality Home Care Authority specified in section 52.05 (1) (c) of the statutes, as created by this act, the initial members shall be appointed for the following terms:
(a) The members specified under section 52.05 (1) (c) 1. and 3. of the statutes, as created by this act, and 3 members specified under section 52.05 (1) (c) 9. of the statutes, as created by this act, for terms that expire on July 1, 2010.
(b) The members specified under section 52.05 (1) (c) 2., 4., and 6. of the statutes, as created by this act, and 4 members specified under section 52.05 (1) (c) 9. of the statutes, as created by this act, for terms that expire July 1, 2011.
(c) The members specified under section 52.05 (1) (c) 5., 7., and 8. of the statutes, as created by this act, and 4 members specified under section 52.05 (1) (c) 9. of the statutes, as created by this act, for terms that expire July 1, 2012.
(2) INITIAL CHAIRPERSON OF WISCONSIN QUALITY HOME CARE AUTHORITY BOARD. The secretary of the department of health services, or his or her designee, shall serve as the chairperson of the board until such time as the governor designates a member of the board to serve as its chair.
SECTION 9322. Initial applicability; Health Services.
(1) HOME CARE PROVIDERS. The treatment of section 46.2898 (5) of the statutes, as created by this act, first applies to a recipient of home care services on the date that the recipient's individual service plan is reviewed.
SECTION 9422. Effective dates; Health Services.
(1) COLLECTIVE BARGAINING AGREEMENTS. The treatment of sections 111.81 (3h), (7) (g), and (9k), 111.815 (1) and (2), 111.825 (2g), (3), and (4), 111.83 (1) and (5m), 111.84 (2) (c), 111.905, 111.91 (1) (cg) and (2c), and 111.92 (1) (a) of the statutes takes effect on July 1, 2011.
(End)
LRB-1388LRB-1388/P1
TKK:nwn:jf
2009 - 2010 LEGISLATURE
DOA:......Skwarczek, BB0359 - Consolidated district board membership
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
education
Primary and secondary education
Under current law, the members of the school boards of consolidating school districts serve as a joint interim school board of the new school district until the election of members to the school board of the new school district. This bill clarifies that a member of the school board of one of the consolidating school districts who has been newly elected to the school board of the new school district to continue to serve on the school board of the consolidating school district after the election of the new school district board members and until the effective date of the consolidation.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 117.22 (1) (d) of the statutes is created to read:
117.22 (1) (d) A person elected under sub. (2) to the school board of a consolidated school district created by an order of school district reorganization issued under s. 117.08 or 117.09, who also served as a member of the joint interim school board by virtue of his or her membership on the school board of one of the consolidating school districts, may continue to serve as a member of the school board of that consolidating school district until the effective date of the consolidation, as specified in the order of school district reorganization, provided he or she is otherwise qualified to serve on the school board of that consolidating school district.
SECTION 9339. Initial applicability; Public Instruction.
(1) CONCURRENT MEMBERSHIP ON THE SCHOOL BOARDS OF A CONSOLIDATING AND A CONSOLIDATED SCHOOL DISTRICT. The treatment of section 117.22 (1) (d) of the statutes first applies to a person elected to the school board of a consolidated school district on the effective date of this subsection.
(End)
LRB-1389LRB-1389/1
PJK&GMM:cjs&kjf:rs
2009 - 2010 LEGISLATURE
DOA:......Grimsrud, BB0363 - Wisconsin Shares local administration
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Children
Under current law, a child care provider, other than a day care center licensed by DCF or established or contracted by a school board, must be certified by a county department of human services or social services before the child care provider may receive reimbursement for child care services provided to a family that is eligible for a child care subsidy under the Wisconsin Works (W-2) program. This bill permits DCF to contract with a W-2 agency, child care resource and referral agency, or other agency to certify child care providers in a particular geographic area or for a particular Indian tribal unit for purposes of reimbursement under the W-2 program.
Wisconsin Works
The Wisconsin Works (W-2) program under current law, which is administered by DCF, provides work experience and benefits for low-income custodial parents who are at least 18 years old. Also, an individual who is the parent of a child under the age of 13 or, if the child is disabled, under the age of 19, may receive a child care subsidy under W-2 if the individual needs child care services to participate in various educational or work activities and satisfies other eligibility criteria. Under current law, W-2 agencies determine an individual's eligibility for a child care subsidy and then refer the individual to a county department of social services or human services (county department) for locally administering child care assistance, including determining the amount of the copayment the individual must pay, providing a voucher for payment of child care services, and assisting individuals to identify child care providers and select appropriate child care arrangements. The bill authorizes DCF to contract with a county department, W-2 agency, child care resource and referral agency, or other agency to determine eligibility of individuals residing in a particular geographic region or who are members of a particular Indian tribal unit for a child care subsidy and to administer child care assistance at the local level. Current law also provides that the cost to administer the program may not exceed the greatest of 5 percent of the total distributed in the current year for child care services, 5 percent of the total distributed in the previous year for child care services, or $20,000. The bill modifies this so that the department must allocate at least $20,000 per year to each contract for administrative responsibilities for each geographic region or Indian tribal unit.
For further information see the state 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. 46.215 (1) (p) of the statutes is amended to read:
46.215 (1) (p) To establish and administer the child care program under s. 49.155, if the department of children and families contracts with the county department of social services to do so.
SECTION 2. 46.22 (1) (b) 2. fm. of the statutes is amended to read:
