AB40-SA8,38,2019
1. Hire an executive director who is not a member of the board and serves at
20the pleasure of the board.
AB40-SA8,38,2121
2. Hire employees to carry out the duties of the authority.
AB40-SA8,38,2222
3. Engage in contracts for services to carry out the duties of the authority.
AB40-SA8,38,24
23(5) Terms. The terms of members of the board appointed under sub. (1) (c) shall
24expire on July 1.
AB40-SA8,39,5
1(6) Quorum. A majority of the members of the board constitutes a quorum for
2the purpose of conducting its business and exercising its powers and for all other
3purposes, notwithstanding the existence of any vacancies. Action may be taken by
4the board upon a vote of a majority of the members present. Meetings of the members
5of the board may be held anywhere within the state.
AB40-SA8,39,12
6(7) Vacancies. Each member of the board shall hold office until a successor is
7appointed and qualified unless the member vacates or is removed from his or her
8office. A member who serves as a result of holding another office or position vacates
9his or her office as a member when he or she vacates the other office or position. A
10member who ceases to qualify for office vacates his or her office. A vacancy on the
11board shall be filled in the same manner as the original appointment to the board for
12the remainder of the unexpired term, if any.
AB40-SA8,39,16
13(8) Compensation. The members of the board are not entitled to compensation
14for the performance of their duties. The authority may reimburse members of the
15board for actual and necessary expenses incurred in the discharge of their official
16duties as provided by the board.
AB40-SA8,39,19
17(9) Employment of board member. It is not a conflict of interest for a board
18member to engage in private or public employment or in a profession or business,
19except to the extent prohibited by law, while serving as a member of the board.
AB40-SA8,39,23
2052.10 Powers of authority. The authority shall have all the powers
21necessary or convenient to carry out the purposes and provisions of this chapter and
22s. 46.2898. In addition to all other powers granted the authority under this chapter,
23the authority may:
AB40-SA8,39,25
24(1) Adopt policies and procedures to govern its proceedings and to carry out its
25duties as specified in this chapter.
AB40-SA8,40,2
1(2) Employ, appoint, engage, compensate, transfer, or discharge necessary
2personnel.
AB40-SA8,40,4
3(3) Make or enter into contracts, including contracts for the provision of legal
4or accounting services.
AB40-SA8,40,5
5(4) Award grants for the purposes set forth in this chapter.
AB40-SA8,40,6
6(5) Buy, lease, or sell real or personal property.
AB40-SA8,40,7
7(6) Sue and be sued.
AB40-SA8,40,9
8(7) Accept gifts, grants, or assistance funds and use them for the purposes of
9this chapter.
AB40-SA8,40,10
10(8) Collect fees for its services.
AB40-SA8,40,11
1152.20 Duties of authority. The authority shall:
AB40-SA8,40,14
12(1) Establish and maintain a registry of eligible home care providers who
13choose to be on the registry for purposes of employment by consumers and provide
14referral services for consumers in need of home care services.
AB40-SA8,40,22
15(2) Determine the eligibility of individuals for placement on the registry. For
16purposes of determining eligibility, the authority shall apply the criteria described
17in s. 46.2898 (1) (f), including any qualifying criteria established by the department
18under s. 46.2898 (7). The authority shall also develop an appeal process for denial
19of placement on or removal of a provider from the registry consistent with the terms
20of the medical assistance waiver programs, the Family Care Program, an
21amendment to the state medical assistance plan under
42 USC 1396n (j), or the
22Program of All-Inclusive Care for the Elderly, as determined by the department.
AB40-SA8,41,2
23(3) Comply with any conditions necessary for consumers receiving home care
24services to receive federal medical assistance funding through a medical assistance
25waiver program, the Family Care Program, an amendment to the state medical
1assistance plan under
42 USC 1396n (j), or the Program of All-Inclusive Care for the
2Elderly.
AB40-SA8,41,5
3(4) Develop and operate recruitment and retention programs to expand the
4pool of home care providers qualified and available to provide home care services to
5consumers.
AB40-SA8,41,8
6(5) Maintain a list of home care providers included in a collective bargaining
7unit under s. 111.825 (2g) and provide the list of home care providers to the
8department at the department's request.
AB40-SA8,41,11
9(6) Notify home care providers providing home care services of any procedures
10for remaining a qualified provider under s. 46.2898 (1) (f) set forth by the department
11or the authority.
AB40-SA8,41,12
12(7) Provide orientation activities and skills training for home care providers.
AB40-SA8,41,15
13(8) Provide training and support for consumers hiring a home care provider
14regarding the duties and responsibilities of employers and skills needed to be
15effective employers.
AB40-SA8,41,18
16(9) Inform consumers of the experience and qualifications of home care
17providers on the registry and home care providers identified by consumers of home
18care services for employment.
AB40-SA8,41,20
19(10) Develop and operate a system of backup and respite referrals to home care
20providers and a 24-hour per day call service for consumers of home care services.
AB40-SA8,41,23
21(11) Report annually to the governor on the number of home care providers on
22the registry and the number of home care providers providing services under the
23authority.
AB40-SA8,41,25
24(12) Conduct activities to improve the supply and quality of home care
25providers.
AB40-SA8,42,4
152.30 Liability limited. (1) The state, any political subdivision of the state,
2or any officer, employee, or agent of the state or a political subdivision who is acting
3within the scope of employment or agency is not liable for any debt, obligation, act,
4or omission of the authority.
AB40-SA8,42,6
5(2) All expenses incurred by the authority in exercising its duties and powers
6under this chapter shall be payable only from funds of the authority.
AB40-SA8,42,9
752.40 Health data. Any health data or identifying information collected by
8the authority is collected for the purpose of government regulatory and management
9functions.".
AB40-SA8,42,18
18"
Section 1748db. 70.11 (41s) of the statutes is created to read:
AB40-SA8,42,2119
70.11
(41s) Wisconsin Quality Home Care Authority. All property owned by
20the Wisconsin Quality Home Care Authority, provided that use of the property is
21primarily related to the purposes of the authority.".
AB40-SA8,43,5
171.26
(1) (be)
Certain authorities. Income of the University of Wisconsin
2Hospitals and Clinics Authority, of the Health Insurance Risk-Sharing Plan
3Authority,
of the Wisconsin Quality Home Care Authority, of the Fox River
4Navigational System Authority, of the Wisconsin Economic Development
5Corporation, and of the Wisconsin Aerospace Authority.".
AB40-SA8,43,1612
77.54
(9a) (a) This state or any agency thereof, the University of Wisconsin
13Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health
14Insurance Risk-Sharing Plan Authority,
the Wisconsin Quality Home Care
15Authority, the Wisconsin Economic Development Corporation, and the Fox River
16Navigational System Authority.".
AB40-SA8,44,520
100.45
(1) (dm) "State agency" means any office, department, agency,
21institution of higher education, association, society or other body in state
22government created or authorized to be created by the constitution or any law which
23is entitled to expend moneys appropriated by law, including the legislature and the
24courts, the Wisconsin Housing and Economic Development Authority, the Bradley
1Center Sports and Entertainment Corporation, the University of Wisconsin
2Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities
3Authority, the Wisconsin Aerospace Authority,
the Wisconsin Quality Home Care
4Authority, the Wisconsin Economic Development Corporation, and the Fox River
5Navigational System Authority.".
AB40-SA8,44,199
101.177
(1) (d) "State agency" means any office, department, agency,
10institution of higher education, association, society, or other body in state
11government created or authorized to be created by the constitution or any law, that
12is entitled to expend moneys appropriated by law, including the legislature and the
13courts, the Wisconsin Housing and Economic Development Authority, the Bradley
14Center Sports and Entertainment Corporation, the University of Wisconsin
15Hospitals and Clinics Authority, the Wisconsin Aerospace Authority,
the Wisconsin
16Quality Home Care Authority, the Wisconsin Economic Development Corporation,
17and the Wisconsin Health and Educational Facilities Authority, but excluding the
18Health Insurance Risk-Sharing Plan Authority and the Lower Fox River
19Remediation Authority.".
AB40-SA8,45,323
109.03
(1) (b) School district and private school employees who voluntarily
24request payment over a 12-month period for personal services performed during the
1school year, unless
, with respect to private school employees, the such employees are
2covered under a valid collective bargaining agreement which precludes this method
3of payment.".
AB40-SA8,45,117
111.02
(1) "All-union agreement" means an agreement between an employer
8other than the University of Wisconsin Hospitals and Clinics Authority and the
9representative of the employer's employees in a collective bargaining unit whereby
10all or any of the employees in such unit are required to be members of a single labor
11organization.
AB40-SA8,45,1914
111.02
(2) "Collective bargaining" means the negotiation by an employer and
15a majority of the employer's employees in a collective bargaining unit, or their
16representatives, concerning representation or terms and conditions of employment
17of such employees
, except as provided under ss. 111.05 (5) and 111.17 (2), in a
18mutually genuine effort to reach an agreement with reference to the subject under
19negotiation.
AB40-SA8,46,1222
111.02
(3) "Collective bargaining unit" means all of the employees of one
23employer, employed within the state,
except as provided in s. 111.05 (5) and (7) and 24except that where a majority of the employees engaged in a single craft, division,
1department or plant have voted by secret ballot as provided in s. 111.05 (2) to
2constitute such group a separate bargaining unit they shall be so considered, but, in
3appropriate cases, and to aid in the more efficient administration of ss. 111.01 to
4111.19, the commission may find, where agreeable to all parties affected in any way
5thereby, an industry, trade or business comprising more than one employer in an
6association in any geographical area to be a "collective bargaining unit". A collective
7bargaining unit thus established by the commission shall be subject to all rights by
8termination or modification given by ss. 111.01 to 111.19 in reference to collective
9bargaining units otherwise established under ss. 111.01 to 111.19. Two or more
10collective bargaining units may bargain collectively through the same
11representative where a majority of the employees in each separate unit have voted
12by secret ballot as provided in s. 111.05 (2) so to do.
AB40-SA8,46,1714
111.02
(6) (am) "Employee" includes a child care provider certified under s.
1548.651 and a child care provider licensed under s. 48.65 who provides care and
16supervision for not more than 8 children who are not related to the child care
17provider.
AB40-SA8, s. 2404rh
18Section 2404rh. 111.02 (7) (a) of the statutes is renumbered 111.02 (7) (a)
19(intro.) and amended to read:
AB40-SA8,46,2120
111.02
(7) (a) (intro.) "Employer" means a person who engages the services of
21an employee, and includes
a all of the following:
AB40-SA8,46,23
221. A person acting on behalf of an employer within the scope of his or her
23authority, express or implied.
AB40-SA8, s. 2404ri
24Section 2404ri. 111.02 (7) (a) 2., 3. and 4. of the statutes are created to read:
AB40-SA8,46,2525
111.02
(7) (a) 2. The University of Wisconsin Hospitals and Clinics Authority.
AB40-SA8,47,1
13. A local cultural arts district created under subch. V of ch. 229.
AB40-SA8,47,42
4. With respect to an employee under sub. (6) (am), the state, counties, and
3other administrative entities involved in regulation and subsidization of employees
4under sub. (6) (am).
AB40-SA8,47,87
111.02
(7) (b) 1.
The Except as provided in par. (a) 4., the state or any political
8subdivision thereof.
AB40-SA8, s. 2404rk
9Section 2404rk. 111.02 (7m), (9m) and (10m) of the statutes are created to
10read:
AB40-SA8,47,1711
111.02
(7m) "Fair-share agreement" means an agreement between the
12University of Wisconsin Hospitals and Clinics Authority and a labor organization
13representing employees of that authority, or between an employer defined under sub.
14(7) (a) 4. and a labor organization representing employees under sub. (6) (am), under
15which all of the employees in a collective bargaining unit are required to pay their
16proportionate share of the cost of the collective bargaining process and contract
17administration measured by the amount of dues uniformly required of all members.
AB40-SA8,47,18
18(9m) "Maintenance of membership agreement" means any of the following:
AB40-SA8,47,2519
(a) An agreement between the University of Wisconsin Hospitals and Clinics
20Authority and a labor organization representing employees of that authority which
21requires that all of the employees whose dues are being deducted from earnings
22under s. 20.921 (1) or 111.06 (1) (i) at the time the agreement takes effect shall
23continue to have dues deducted for the duration of the agreement and that dues shall
24be deducted from the earnings of all employees who are hired on or after the effective
25date of the agreement.
AB40-SA8,48,6
1(b) An agreement between an employer under sub. (7) (a) 4. and a labor
2organization representing employees under sub. (6) (am) which requires that all of
3the employees whose dues are being deducted from earnings under s. 111.06 (1) (i)
4at the time the agreement takes effect shall continue to have dues deducted for the
5duration of the agreement and that dues shall be deducted from the earnings of all
6employees who are hired on or after the effective date of the agreement.
AB40-SA8,48,12
7(10m) "Referendum" means a proceeding conducted by the commission in
8which employees of the University of Wisconsin Hospitals and Clinics Authority in
9a collective bargaining unit or in which employees under sub. (6) (am) in a collective
10bargaining unit may cast a secret ballot on the question of directing the labor
11organization and the employer to enter into a fair-share or maintenance of
12membership agreement or to terminate such an agreement.
AB40-SA8,48,2015
111.05
(2) Whenever Except as provided in subs. (5) and (7), whenever a
16question arises concerning the determination of a collective bargaining unit, it shall
17be determined by secret ballot, and the commission, upon request, shall cause the
18ballot to be taken in such manner as to show separately the wishes of the employees
19in any craft, division, department or plant as to the determination of the collective
20bargaining unit.
AB40-SA8,49,222
111.05
(3g) Notwithstanding subs. (3) and (4), if on June 30, 1997, there is a
23representative recognized or certified to represent any of the units specified in s.
24111.825 (1) (f) 1., 5. or 9., that representative shall become the representative of the
25employees in the corresponding collective bargaining units specified in sub. (5) (a)
11. to 3., without the necessity of filing a petition or conducting an election, subject to
2the right of any person to file a petition under this section on or after October 1, 1998.
AB40-SA8,49,64
111.05
(5) (a) Collective bargaining units for representation of the employees
5of the University of Wisconsin Hospitals and Clinics Authority shall include one unit
6for employees engaged in each of the following functions:
AB40-SA8,49,77
1. Fiscal and staff services.
AB40-SA8,49,88
2. Patient care.