JR1 SB11: Bill Text

SB11, s. 126 Section 126. 49.45 (24r) (a) of the statutes is amended to read:

SB11,52,11 49.45 (24r) (a) The department shall implement any waiver granted by the secretary of the federal department of health and human services to permit the department to conduct a demonstration project to provide family planning, as defined in s. 253.07 (1) (a), under medical assistance to any woman between the ages of 15 and 44 whose family income does not exceed 200% of the poverty line for a family the size of the woman's family. If the department promulgates a rule under sub. (2m) (c) 10., this paragraph does not apply to the extent it conflicts with the rule.

SB11, s. 127 Section 127. 49.45 (24r) (b) of the statutes is amended to read:

SB11,52,19 49.45 (24r) (b) The department may request an amended waiver from the secretary to permit the department to conduct a demonstration project to provide family planning to any man between the ages of 15 and 44 whose family income does not exceed 200 percent of the poverty line for a family the size of the man's family. If the amended waiver is granted, the department may implement the waiver. If the department promulgates a rule under sub. (2m) (c) 10., this paragraph does not apply to the extent it conflicts with the rule.

SB11, s. 128 Section 128. 49.45 (25g) (c) of the statutes is amended to read:

SB11,53,7 49.45 (25g) (c) The department's proposal under par. (b) shall specify increases in reimbursement rates for providers that satisfy the conditions under par. (b), and shall provide for payment of a monthly per-patient care coordination fee to those providers. The department shall set the increases in reimbursement rates and the monthly per-patient care coordination fee so that together they provide sufficient incentive for providers to satisfy a condition under par. (b) 1. or 2. The proposal shall specify effective dates for the increases in reimbursement rates and the monthly per-patient care coordination fee that are no sooner than January 1, 2011. The increases in reimbursement rates and monthly per-patient care coordination fees that are not provided by the federal government shall be paid from the appropriation under. s. 20.435 (1) (am). If the department promulgates a rule under sub. (2m) (c) 4., this paragraph does not apply to the extent it conflicts with the rule.

SB11, s. 129 Section 129. 49.45 (27) of the statutes is amended to read:

SB11,53,13 49.45 (27) Eligibility of aliens. A person who is not a U.S. citizen or an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law may not receive medical assistance benefits except as provided under 8 USC 1255a (h) (3) or 42 USC 1396b (v), unless otherwise provided by the department by rule promulgated under sub. (2m) (c).

SB11, s. 130 Section 130. 49.45 (39) (b) 1. of the statutes is amended to read:

SB11,54,24 49.45 (39) (b) 1. `Payment for school medical services.' If a school district or a cooperative educational service agency elects to provide school medical services and meets all requirements under par. (c), the department shall reimburse the school district or the cooperative educational service agency for 60% of the federal share of allowable charges for the school medical services that it provides , unless otherwise provided by the department by rule promulgated under sub. (2m) (c), and, as specified in subd. 2., for allowable administrative costs. If the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin Educational Services Program for the Deaf and Hard of Hearing elects to provide school medical services and meets all requirements under par. (c), the department shall reimburse the department of public instruction for 60% of the federal share of allowable charges for the school medical services that the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin Educational Services Program for the Deaf and Hard of Hearing provides, unless otherwise provided by the department by rule promulgated under sub. (2m) (c), and, as specified in subd. 2., for allowable administrative costs. A school district, cooperative educational service agency, the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin Educational Services Program for the Deaf and Hard of Hearing may submit, and the department shall allow, claims for common carrier transportation costs as a school medical service unless the department receives notice from the federal health care financing administration that, under a change in federal policy, the claims are not allowed. If the department receives the notice, a school district, cooperative educational service agency, the Wisconsin Center for the Blind and Visually Impaired, or the Wisconsin Educational Services Program for the Deaf and Hard of Hearing may submit, and the department shall allow, unreimbursed claims for common carrier transportation costs incurred before the date of the change in federal policy. The department shall promulgate rules establishing a methodology for making reimbursements under this paragraph. All other expenses for the school medical services provided by a school district or a cooperative educational service agency shall be paid for by the school district or the cooperative educational service agency with funds received from state or local taxes. The school district, the Wisconsin Center for the Blind and Visually Impaired, the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, or the cooperative educational service agency shall comply with all requirements of the federal department of health and human services for receiving federal financial participation.

SB11, s. 131 Section 131. 49.46 (1) (n) of the statutes is created to read:

SB11,55,2 49.46 (1) (n) If the department promulgates a rule under s. 49.45 (2m) (c) 8., 9., or 10., this subsection does not apply to the extent that it conflicts with the rule.

SB11, s. 132 Section 132. 49.46 (2) (a) (intro.) of the statutes is amended to read:

SB11,55,7 49.46 (2) (a) (intro.) Except as provided in par. (be) and unless otherwise provided by the department by rule promulgated under s. 49.45 (2m) (c), the department shall audit and pay allowable charges to certified providers for medical assistance on behalf of recipients for the following federally mandated benefits:

SB11, s. 133 Section 133. 49.46 (2) (b) (intro.) of the statutes is amended to read:

SB11,55,12 49.46 (2) (b) (intro.) Except as provided in pars. (be) and (dc) and unless otherwise provided by the department by rule promulgated under s. 49.45 (2m) (c), the department shall audit and pay allowable charges to certified providers for medical assistance on behalf of recipients for the following services:

SB11, s. 134 Section 134. 49.465 (2) (intro.) of the statutes is amended to read:

SB11,55,20 49.465 (2) (intro.) A Unless otherwise provided by the department by rule promulgated under s. 49.45 (2m) (c), a pregnant woman is eligible for medical assistance benefits, as provided under sub. (3), during the period beginning on the day on which a qualified provider determines, on the basis of preliminary information, that the woman's family income does not exceed the highest level for eligibility for benefits under s. 49.46 (1) or 49.47 (4) (am) or (c) 1. and ending as follows:

SB11, s. 135 Section 135. 49.47 (4) (a) (intro.) of the statutes is amended to read:

SB11,55,25 49.47 (4) (a) (intro.) Any Unless otherwise provided by the department by rule under s. 49.45 (2m) (c), any individual who meets the limitations on income and resources under pars. (b) to (c) and who complies with pars. (cm) and (cr) shall be eligible for medical assistance under this section if such individual is:

SB11, s. 136 Section 136. 49.47 (5) (intro.) of the statutes is amended to read:

SB11,56,3 49.47 (5) Investigation by department. (intro.) The department may make additional investigation of eligibility at any of the following times:

SB11, s. 137 Section 137. 49.47 (5) (a) of the statutes is amended to read:

SB11,56,7 49.47 (5) (a) When there is reasonable ground for belief that an applicant may not be eligible or that the beneficiary may have received benefits to which the beneficiary is not entitled; or.

SB11, s. 138 Section 138. 49.47 (5) (c) of the statutes is created to read:

SB11,56,13 49.47 (5) (c) Any time determined by the department by rule promulgated under s. 49.45 (2m) (c) to determine eligibility or to reevaluate continuing eligibility, except that if federal law allows a reevaluation of eligibility more frequently than every 12 months and if there is no conflicting provision of state law, the department is not required to promulgate a rule to reevaluate eligibility under this section.

SB11, s. 139 Section 139. 49.47 (6) (a) (intro.) of the statutes is amended to read:

SB11,56,17 49.47 (6) (a) (intro.) The Unless otherwise provided by the department by rule promulgated under s. 49.45 (2m) (c), the department shall audit and pay charges to certified providers for medical assistance on behalf of the following:

SB11, s. 140 Section 140. 49.471 (13) of the statutes is created to read:

SB11,56,21 49.471 (13) Applicability. If the department promulgates a rule under s. 49.45 (2m) (c), subs. (4), (5), (6), (7), (8), (10), and (11) do not apply to the extent that those subsections conflict with the rule.

SB11, s. 141 Section 141. 49.472 (3) (intro.) of the statutes is amended to read:

SB11,57,2 49.472 (3) Eligibility. (intro.) Except as provided in sub. (6) (a) and unless otherwise provided by the department by rule promulgated under s. 49.45 (2m) (c), an individual is eligible for and shall receive medical assistance under this section if all of the following conditions are met:

SB11, s. 142 Section 142. 49.472 (4) (b) (intro.) of the statutes is amended to read:

SB11,57,8 49.472 (4) (b) (intro.) The department may waive monthly premiums that are calculated to be below $10 per month. The Unless otherwise provided by the department by rule promulgated under s. 49.45 (2m) (c), the department may not assess a monthly premium for any individual whose income level, after adding the individual's earned income and unearned income, is below 150% of the poverty line.

SB11, s. 143 Section 143. 49.473 (2) (intro.) of the statutes is amended to read:

SB11,57,14 49.473 (2) (intro.) A Unless otherwise provided by the department by rule promulgated under s. 49.45 (2m) (c), a woman is eligible for medical assistance as provided under sub. (5) if, after applying to the department or a county department, the department or a county department determines that she meets all of the following requirements:

SB11, s. 144 Section 144. 49.473 (5) of the statutes is amended to read:

SB11,57,21 49.473 (5) The department shall audit and pay, from the appropriation accounts under s. 20.435 (4) (b) and (o), allowable charges to a provider who is certified under s. 49.45 (2) (a) 11. for medical assistance on behalf of a woman who meets the requirements under sub. (2) for all benefits and services specified under s. 49.46 (2), unless otherwise provided by the department by rule promulgated under s. 49.45 (2m) (c).

SB11, s. 145 Section 145. 49.825 (3) (b) 4. of the statutes is repealed.

SB11, s. 146 Section 146. 49.826 (3) (b) 4. of the statutes is repealed.

SB11, s. 147 Section 147. Chapter 52 of the statutes is repealed.

SB11, s. 148 Section 148. 59.875 of the statutes is created to read:

SB11,58,3 59.875 Payment of contributions in an employee retirement system of populous counties. (1) In this section, "county" means any county having a population of 500,000 or more.

SB11,58,9 (2) Beginning on the effective date of this subsection .... [LRB inserts date], in any employee retirement system of a county, except as otherwise provided in a collective bargaining agreement entered into under subch. IV of ch. 111, employees shall pay half of all actuarially required contributions for funding benefits under the retirement system. The employer may not pay on behalf of an employee any of the employee's share of the actuarially required contributions.

SB11, s. 149 Section 149. 62.623 of the statutes is created to read:

SB11,58,17 62.623 Payment of contributions in an employee retirement system of a 1st class city. Beginning on the effective date of this section .... [LRB inserts date], in any employee retirement system of a 1st class city, except as otherwise provided in a collective bargaining agreement entered into under subch. IV of ch. 111, employees shall pay half of all actuarially required contributions for funding benefits under the retirement system. The employer may not pay on behalf of an employee any of the employee's share of the actuarially required contributions.

SB11, s. 150 Section 150. 66.0506 of the statutes is created to read:

SB11,58,24 66.0506 Referendum; increase in employee wages. (1) In this section, "local governmental unit" means any city, village, town, county, metropolitan sewerage district, long-term care district, transit authority under s. 59.58 (7) or 66.1039, local cultural arts district under subch. V of ch. 229, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state.

SB11,59,10 (2) If any local governmental unit wishes to increase the total base wages of its general municipal employees, as defined in s. 111.70 (1) (fm), in an amount that exceeds the limit under s. 111.70 (4) (mb) 2., the governing body of the local governmental unit shall adopt a resolution to that effect. The resolution shall specify the amount by which the proposed total base wages increase will exceed the limit under s. 111.70 (4) (mb) 2. The resolution may not take effect unless it is approved in a referendum called for that purpose. The referendum shall occur in November for collective bargaining agreements that begin the following January 1. The results of a referendum apply to the total base wages only in the next collective bargaining agreement.

SB11,59,16 (3) The referendum question shall be substantially as follows: "Shall the .... [general municipal employees] in the .... [local governmental unit] receive a total increase in wages from $....[current total base wages] to $....[proposed total base wages], which is a percentage wage increase that is .... [x] percent higher than the percent of the consumer price index increase, for a total percentage increase in wages of .... [x]?"

SB11, s. 151 Section 151. 66.0508 of the statutes is created to read:

SB11,59,19 66.0508 Collective bargaining. (1) In this section, "local governmental unit" has the meaning given in s. 66.0506 (1).

SB11,59,21 (1m) Except as provided under subch. IV of ch. 111, no local governmental unit may collectively bargain with its employees.

SB11,59,24 (2) If a local governmental unit has in effect on the effective date of this subsection .... [LRB inserts date], an ordinance or resolution that is inconsistent with sub. (1m), the ordinance or resolution does not apply and may not be enforced.

SB11,60,5 (3) Each local governmental unit that is collectively bargaining with its employees shall determine the maximum total base wages expenditure that is subject to collective bargaining under s. 111.70 (4) (mb) 2., calculating the consumer price index change using the same method the department of revenue uses under s. 73.03 (68).

SB11, s. 152 Section 152. 66.0518 of the statutes is created to read:

SB11,60,12 66.0518 Defined benefit pension plans. A local governmental unit, as defined in s. 66.0131 (1) (a), may not establish a defined benefit pension plan for its employees unless the plan requires the employees to pay half of all actuarially required contributions for funding benefits under the plan and prohibits the local governmental unit from paying on behalf of an employee any of the employee's share of the actuarially required contributions.

SB11, s. 153 Section 153. 66.1104 (1) (a) of the statutes is amended to read:

SB11,60,16 66.1104 (1) (a) "Authority" means a body created under s. 66.1201, 66.1333, or 66.1335; under subch. II of ch. 114 or subch. III of ch. 149; or under ch. 52, 231, 232, 233, 234, 235, 237, or 279.

SB11, s. 154 Section 154. 70.11 (41s) of the statutes is repealed.

SB11, s. 155 Section 155. 71.26 (1) (be) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

SB11,60,24 71.26 (1) (be) Certain authorities. Income of the University of Wisconsin Hospitals and Clinics Authority, of the Health Insurance Risk-Sharing Plan Authority, of the Wisconsin Quality Home Care Authority, of the Fox River Navigational System Authority, of the Wisconsin Economic Development Corporation, and of the Wisconsin Aerospace Authority.

SB11, s. 156 Section 156. 73.03 (68) of the statutes is created to read:

SB11,61,5 73.03 (68) At the request of the Wisconsin Employment Relations Commission, as provided under s. 111.91 (3q), to determine the average annual percentage change in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the federal department of labor, for the 12 months immediately preceding the request from the Wisconsin Employment Relations Commission.

SB11, s. 157 Section 157. 77.54 (9a) (a) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

SB11,61,12 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.

SB11, s. 158 Section 158. 100.45 (1) (dm) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

SB11,61,24 100.45 (1) (dm) "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 Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.

SB11, s. 159 Section 159. 101.177 (1) (d) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

SB11,62,13 101.177 (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, the Wisconsin Economic Development Corporation, and the Wisconsin Health and Educational Facilities Authority, but excluding the Health Insurance Risk-Sharing Plan Authority and the Lower Fox River Remediation Authority.

SB11, s. 160 Section 160. 109.03 (1) (b) of the statutes is amended to read:

SB11,62,19 109.03 (1) (b) School district and private school employees who voluntarily request payment over a 12-month period for personal services performed during the school year, unless such, with respect to private school employees, the employees are covered under a valid collective bargaining agreement which precludes this method of payment.

SB11, s. 161 Section 161. 111.02 (1) of the statutes is amended to read:

SB11,62,25 111.02 (1) The term "all-union "All-union agreement" shall mean means an agreement between an employer other than the University of Wisconsin Hospitals and Clinics Authority and the representative of the employer's employees in a collective bargaining unit whereby all or any of the employees in such unit are required to be members of a single labor organization.

SB11, s. 162 Section 162. 111.02 (2) of the statutes is amended to read:

SB11,63,7 111.02 (2) "Collective bargaining" is the negotiating means the negotiation by an employer and a majority of the employer's employees in a collective bargaining unit, or their representatives, concerning representation or terms and conditions of employment of such employees, except as provided under ss. 111.05 (5) and 111.17 (2), in a mutually genuine effort to reach an agreement with reference to the subject under negotiation.

SB11, s. 163 Section 163. 111.02 (3) of the statutes is amended to read:

SB11,63,23 111.02 (3) "Collective bargaining unit" means all of the employees of one employer, employed within the state, except as provided in s. 111.05 (5) and (7) and except that where a majority of the employees engaged in a single craft, division, department or plant have voted by secret ballot as provided in s. 111.05 (2) to constitute such group a separate bargaining unit they shall be so considered, but, in appropriate cases, and to aid in the more efficient administration of ss. 111.01 to 111.19, the commission may find, where agreeable to all parties affected in any way thereby, an industry, trade or business comprising more than one employer in an association in any geographical area to be a "collective bargaining unit". A collective bargaining unit thus established by the commission shall be subject to all rights by termination or modification given by ss. 111.01 to 111.19 in reference to collective bargaining units otherwise established under ss. 111.01 to 111.19. Two or more collective bargaining units may bargain collectively through the same representative where a majority of the employees in each separate unit have voted by secret ballot as provided in s. 111.05 (2) so to do.

SB11, s. 164 Section 164. 111.02 (6) (am) of the statutes is repealed.

SB11, s. 165 Section 165. 111.02 (7) (a) (intro.) and 1. of the statutes are consolidated, renumbered 111.02 (7) (a) and amended to read:

SB11,64,5 111.02 (7) (a) "Employer" means a person who engages the services of an employee, and includes all of the following: 1. A a person acting on behalf of an employer within the scope of his or her authority, express or implied.

SB11, s. 166 Section 166. 111.02 (7) (a) 2., 3. and 4. of the statutes are repealed.

SB11, s. 167 Section 167. 111.02 (7) (b) 1. of the statutes is amended to read:

SB11,64,9 111.02 (7) (b) 1. Except as provided in par. (a) 4., the The state or any political subdivision thereof.

SB11, s. 168 Section 168. 111.02 (7m) of the statutes is repealed.

SB11, s. 169 Section 169. 111.02 (9m) of the statutes is repealed.

SB11, s. 170 Section 170. 111.02 (10m) of the statutes is repealed.

SB11, s. 171 Section 171. 111.05 (2) of the statutes is amended to read:

SB11,64,19 111.05 (2) Except as provided in subs. (5) and (7), whenever Whenever a question arises concerning the determination of a collective bargaining unit as defined in s. 111.02 (3), it shall be determined by secret ballot, and the commission, upon request, shall cause the ballot to be taken in such manner as to show separately the wishes of the employees in any craft, division, department or plant as to the determination of the collective bargaining unit.