SB558: Bill Text

SB558,37,10 (8) Provide training and support for consumers hiring a home care provider regarding the duties and responsibilities of employers and skills needed to be effective employers.

SB558,37,13 (9) Inform consumers of the experience and qualifications of home care providers on the registry and home care providers identified by consumers of home care services for employment.

SB558,37,15 (10) Develop and operate a system of backup and respite referrals to home care providers and a 24-hour per day call service for consumers of home care services.

SB558,37,18 (11) Report annually to the governor on the number of home care providers on the registry and the number of home care providers providing services under the authority.

SB558,37,20 (12) Conduct activities to improve the supply and quality of home care providers.

SB558,37,24 52.30 Liability limited. (1) The state, any political subdivision of the state, or any officer, employee, or agent of the state or a political subdivision who is acting within the scope of employment or agency is not liable for any debt, obligation, act, or omission of the authority.

SB558,38,2 (2) All expenses incurred by the authority in exercising its duties and powers under this chapter shall be payable only from funds of the authority.

SB558,38,5 52.40 Health data. Any health data or identifying information collected by the authority is collected for the purpose of government regulatory and management functions.

SB558,70 Section 70. 59.875 (2) (a) of the statutes is renumbered 59.875 (2) and amended to read:

SB558,38,13 59.875 (2) Beginning on July 1. 2011, 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 and except as provided in par. (b), 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.

SB558,71 Section 71. 59.875 (2) (b) of the statutes is repealed.

SB558,72 Section 72. 62.623 (1) of the statutes is renumbered 62.623 and amended to read:

SB558,38,23 62.623 Payment of contributions in an employee retirement system of a 1st class city. Beginning on July 1, 2011, 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 and except as provided in sub. (2), employees shall pay all employee 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 required contributions.

SB558,73 Section 73. 62.623 (2) of the statutes is repealed.

SB558,74 Section 74. 66.0506 of the statutes is repealed.

SB558,75 Section 75. 66.0508 of the statutes is repealed.

SB558,76 Section 76. 66.0509 (1m) of the statutes is repealed.

SB558,77 Section 77. 70.11 (41s) of the statutes is created to read:

SB558,39,6 70.11 (41s) Wisconsin Quality Home Care Authority. All property owned by the Wisconsin Quality Home Care Authority, provided that use of the property is primarily related to the purposes of the authority.

SB558,78 Section 78. 71.26 (1) (be) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB558,39,12 71.26 (1) (be) Certain authorities. Income of the University of Wisconsin Hospitals and Clinics 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.

SB558,79 Section 79. 73.03 (68) of the statutes is repealed.

SB558,80 Section 80. 77.54 (9a) (a) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB558,39,19 77.54 (9a) (a) This state or any agency thereof, 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 Fox River Navigational System Authority.

SB558,81 Section 81. 100.45 (1) (dm) of the statutes is amended to read:

SB558,40,5 100.45 (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.

SB558,82 Section 82. 109.03 (1) (b) of the statutes is amended to read:

SB558,40,11 109.03 (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, with respect to private school employees, the such employees are covered under a valid collective bargaining agreement which precludes this method of payment.

SB558,83 Section 83. 111.02 (1) of the statutes is amended to read:

SB558,40,17 111.02 (1) "All-union agreement" 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.

SB558,84 Section 84. 111.02 (2) of the statutes is amended to read:

SB558,40,24 111.02 (2) "Collective bargaining" 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.

SB558,85 Section 85. 111.02 (3) of the statutes is amended to read:

SB558,41,15 111.02 (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.

SB558,86 Section 86. 111.02 (6) (am) of the statutes is created to read:

SB558,41,20 111.02 (6) (am) "Employee" includes a child care provider certified under s. 48.651 and a child care provider licensed under s. 48.65 who provides care and supervision for not more than 8 children who are not related to the child care provider.

SB558,87 Section 87. 111.02 (7) (a) of the statutes is renumbered 111.02 (7) (a) (intro.) and amended to read:

SB558,41,24 111.02 (7) (a) (intro.) "Employer" means a person who engages the services of an employee, and includes a all of the following:

SB558,42,2 1. A person acting on behalf of an employer within the scope of his or her authority, express or implied.

SB558,88 Section 88. 111.02 (7) (a) 2., 3. and 4. of the statutes are created to read:

SB558,42,4 111.02 (7) (a) 2. The University of Wisconsin Hospitals and Clinics Authority.

SB558,42,5 3. A local cultural arts district created under subch. V of ch. 229.

SB558,42,8 4. With respect to an employee under sub. (6) (am), the state, counties, and other administrative entities involved in regulation and subsidization of employees under sub. (6) (am).

SB558,89 Section 89. 111.02 (7) (b) 1. of the statutes is amended to read:

SB558,42,11 111.02 (7) (b) 1. The Except as provided in par. (a) 4., the state or any political subdivision thereof.

SB558,90 Section 90. 111.02 (7m), (9m) and (10m) of the statutes are created to read:

SB558,42,19 111.02 (7m) "Fair-share agreement" means an agreement between the University of Wisconsin Hospitals and Clinics Authority and a labor organization representing employees of that authority, or between an employer defined under sub. (7) (a) 4. and a labor organization representing employees under sub. (6) (am), under which all of the employees in a collective bargaining unit are required to pay their proportionate share of the cost of the collective bargaining process and contract administration measured by the amount of dues uniformly required of all members.

SB558,42,20 (9m) "Maintenance of membership agreement" means any of the following:

SB558,43,2 (a) An agreement between the University of Wisconsin Hospitals and Clinics Authority and a labor organization representing employees of that authority that requires that all of the employees whose dues are being deducted from earnings under s. 20.921 (1) or 111.06 (1) (i) at the time the agreement takes effect continue to have dues deducted for the duration of the agreement and that dues be deducted from the earnings of all employees who are hired on or after the effective date of the agreement.

SB558,43,8 (b) An agreement between an employer under sub. (7) (a) 4. and a labor organization representing employees under sub. (6) (am) that requires that all of the employees whose dues are being deducted from earnings under s. 111.06 (1) (i) at the time the agreement takes effect continue to have dues deducted for the duration of the agreement and that dues be deducted from the earnings of all employees who are hired on or after the effective date of the agreement.

SB558,43,14 (10m) "Referendum" means a proceeding conducted by the commission in which employees of the University of Wisconsin Hospitals and Clinics Authority in a collective bargaining unit or in which employees under sub. (6) (am) in a collective bargaining unit may cast a secret ballot on the question of directing the labor organization and the employer to enter into a fair-share or maintenance of membership agreement or to terminate such an agreement.

SB558,91 Section 91. 111.05 (2) of the statutes is amended to read:

SB558,43,21 111.05 (2) Whenever Except as provided in subs. (5) and (7), whenever a question arises concerning the determination of a collective bargaining unit, 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.

SB558,92 Section 92. 111.05 (5) of the statutes is created to read:

SB558,43,25 111.05 (5) (a) Collective bargaining units for representation of the employees of the University of Wisconsin Hospitals and Clinics Authority shall include one unit for employees engaged in each of the following functions:

SB558,44,1 1. Fiscal and staff services.

SB558,44,2 2. Patient care.

SB558,44,3 3. Science.

SB558,44,4 4. Clerical and related.

SB558,44,5 5. Blue collar and nonbuilding trades.

SB558,44,6 6. Building trades crafts.

SB558,44,7 7. Security and public safety.

SB558,44,8 8. Technical.

SB558,44,17 (b) Collective bargaining units for representation of the employees of the University of Wisconsin Hospitals and Clinics Authority who are engaged in a function not specified in par. (a) shall be determined in the manner provided in this section. The creation of any collective bargaining unit for the employees is subject to approval of the commission. The commission may not permit fragmentation of the collective bargaining units or creation of any collective bargaining unit that is too small to provide adequate representation of employees. In approving the collective bargaining units, the commission shall give primary consideration to the authority's needs to fulfill its statutory missions.

SB558,93 Section 93. 111.05 (6) of the statutes is created to read:

SB558,45,3 111.05 (6) If a single representative is recognized or certified to represent more than one of the collective bargaining units specified in sub. (5), that representative and the employer may jointly agree to combine the collective bargaining units, subject to the right of the employees in any of the collective bargaining units that were combined to petition for an election under sub. (3). Any agreement under this subsection is effective when the parties provide written notice of the agreement to the commission and terminates when the party provides written notice of termination to the commission or when the representative entering into the agreement is decertified as representative of one of the combined collective bargaining units, whichever occurs first.

SB558,94 Section 94. 111.05 (7) of the statutes is created to read:

SB558,45,6 111.05 (7) Employees under s. 111.02 (6) (am) shall comprise a single collective bargaining unit.

SB558,95 Section 95. 111.06 (1) (c) 1. of the statutes is amended to read:

SB558,46,11 111.06 (1) (c) 1. To encourage or discourage membership in any labor organization, employee agency, committee, association, or representation plan by discrimination in regard to hiring, tenure, or other terms or conditions of employment except in a collective bargaining unit where an all-union , fair-share, or maintenance of membership agreement is in effect. An employer may enter into an all-union agreement with the voluntarily recognized representative of the employees in a collective bargaining unit, where at least a majority of such employees voting have voted affirmatively, by secret ballot, in favor of the all-union agreement in a referendum conducted by the commission, except that where the bargaining representative has been certified by either the commission or the national labor relations board as the result of a representation election, no referendum is required to authorize the entry into an all-union agreement. An authorization of an all-union agreement continues, subject to the right of either party to the all-union agreement to petition the commission to conduct a new referendum on the subject. Upon receipt of the petition, if the commission determines there is reasonable ground to believe that the employees concerned have changed their attitude toward the all-union agreement, the commission shall conduct a referendum. If the continuance of the all-union agreement is supported on a referendum by a vote at least equal to that provided in this subdivision for its initial authorization, it may continue, subject to the right to petition for a further vote by the procedure under this subdivision. If the continuance of the all-union agreement is not supported on a referendum, it terminates at the expiration of the contract of which it is then a part or at the end of one year from the date of the announcement by the commission of the result of the referendum, whichever is earlier. The commission shall declare any all-union agreement terminated whenever it finds that the labor organization involved has unreasonably refused to receive as a member any employee of such employer. An interested person may, as provided in s. 111.07, request the commission to perform this duty. Any all-union agreement in effect on October 4, 1975, made in accordance with the law in effect at the time it is made is valid.

SB558,96 Section 96. 111.06 (1) (d) of the statutes is amended to read:

SB558,46,20 111.06 (1) (d) To refuse to bargain collectively with the representative of a majority of the employer's employees in any collective bargaining unit with respect to representation or terms and conditions of employment, except as provided under ss. 111.05 (5) and 111.17 (2); provided, however, that where an employer files with the commission a petition requesting a determination as to majority representation, the employer shall not be deemed to have has not refused to bargain until an election has been held and the commission has certified the result thereof has been certified to the employer by the commission.

SB558,97 Section 97. 111.06 (1) (i) of the statutes is amended to read:

SB558,47,3 111.06 (1) (i) To deduct labor organization dues or assessments from an employee's earnings, unless the employer has been presented with an individual order therefor, signed by the employee personally, and terminable at the end of any year of its life by the employee giving at least thirty days' written notice of such the termination unless there is an all-union fair-share, or maintenance of membership agreement in effect. The employer shall give notice to the labor organization of receipt of such a notice of termination.

SB558,98 Section 98. 111.06 (1) (m) of the statutes is created to read:

SB558,47,6 111.06 (1) (m) To fail to give the notice of intention to engage in a lockout provided in s. 111.115 (2).

SB558,99 Section 99. 111.06 (2) (i) of the statutes is amended to read:

SB558,47,9 111.06 (2) (i) To fail to give the notice of intention to engage in a strike provided in s. 111.115 (2) or (3).

SB558,100 Section 100. 111.075 of the statutes is created to read:

SB558,47,18 111.075 Fair-share and maintenance of membership agreements. (1) (a) No fair-share or maintenance of membership agreement is effective unless authorized by a referendum. The commission shall order a referendum whenever it receives a petition supported by proof that at least 30 percent of the employees in a collective bargaining unit desire that a fair-share or maintenance of membership agreement be entered into between the employer and a labor organization. If the petition requests a referendum on a maintenance of membership agreement only, the ballot shall be limited to that question.

SB558,47,25 (b) For a fair-share agreement to be authorized, at least two-thirds of the eligible employees voting in a referendum must vote for the agreement. For a maintenance of membership agreement to be authorized, at least a majority of the eligible employees voting in a referendum must vote for the agreement. In a referendum on a fair-share agreement, if less than two-thirds but more than one-half of the eligible employees vote for the agreement, a maintenance of membership agreement is authorized.

SB558,48,14 (c) If a fair-share or maintenance of membership agreement is authorized under par. (b), the employer shall enter into a fair-share or maintenance of membership agreement with the labor organization named on the ballot in the referendum. Each fair-share or maintenance of membership agreement must require the employer to deduct the amount of dues as certified by the labor organization from the earnings of the employees affected by the agreement and to pay the amount deducted to the labor organization. Unless the parties agree to an earlier date, the agreement takes effect 60 days after certification by the commission that the referendum vote authorized the agreement. The employer shall be held harmless against any claims, demands, suits, and other forms of liability made by employees or local labor organizations which may arise for actions the employer takes in compliance with this section. All lawful claims, demands, suits, and other forms of liability are the responsibility of the labor organization entering into the agreement.

SB558,48,19 (d) Under each fair-share or maintenance of membership agreement, an employee who has religious convictions against dues payments to a labor organization may request the labor organization to pay his or her dues to a charity mutually agreed upon by the employee and the labor organization. Any dispute under this paragraph may be submitted to the commission for adjudication.

SB558,49,8 (2) (a) Once authorized, a fair-share or maintenance of membership agreement continues, subject to the right of the employer or labor organization concerned to petition the commission to conduct a new referendum. If the commission receives a petition and finds that at least 30 percent of the employees in the collective bargaining unit want to discontinue the fair-share or maintenance of membership agreement, the commission shall conduct a new referendum. If the continuance of the fair-share or maintenance of membership agreement is approved in the referendum by at least the percentage of eligible voting employees required for its initial authorization, it shall continue, subject to the right of the employer or labor organization to later initiate a further vote following the procedure prescribed in this subsection. If the continuation of the agreement is not supported in any referendum, it terminates at the expiration of the collective bargaining agreement, or one year from the date of the certification of the result of the referendum, whichever is earlier.

SB558,49,16 (b) The commission shall suspend any fair-share or maintenance of membership agreement upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual orientation, or creed to receive as a member any employee in the collective bargaining unit involved, and the agreement shall be subject to the findings and orders of the commission. Any of the parties to the agreement, or any employee covered thereby, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.

SB558,49,19 (3) A stipulation for a referendum executed by an employer and a labor organization may not be filed until after the representation election has been held and the results certified.

SB558,49,22 (4) The commission may, under rules adopted for that purpose, appoint as its agent an official of the University of Wisconsin Hospitals and Clinics Authority to conduct the referenda provided for in this section.

SB558,49,24 (5) This section applies only in collective bargaining units comprised of employees of the University of Wisconsin Hospitals and Clinics Authority.

SB558,101 Section 101. 111.115 (title) of the statutes is amended to read: