Amendment SA8-AB40

AB40-SA8, s. 804x Section 804x. 20.921 (1) (b) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,23,7 20.921 (1) (b) Except as provided in s. ss. 111.06 (1) (c) and 111.84 (1) (f), the request under par. (a) shall be made to the state agency or to the University of Wisconsin Hospitals and Clinics Authority in the form and manner and contain the directions and information prescribed by each state agency or by the authority. The request may be withdrawn or the amount paid to the payee may be changed by notifying the state agency or the authority to that effect, but no such withdrawal or change shall affect a payroll certification already prepared.".

AB40-SA8,23,8 28. Page 391, line 17: after that line insert:

AB40-SA8,23,10 " Section 809w. 20.923 (6) (intro.) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,23,15 20.923 (6) Salaries set by appointing authorities. (intro.) Salaries for the following positions may be set by the appointing authority, subject to restrictions otherwise set forth in the statutes and the compensation plan under s. 230.12, except where the salaries are a subject of bargaining with a certified representative of a collective bargaining unit under s. 111.91 or 111.998:".

AB40-SA8,23,16 29. Page 394, line 13: after that line insert:

AB40-SA8,23,18 " Section 817r. 20.928 (1) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,24,2 20.928 (1) Each state agency head shall certify to the department of administration, at such time and in such manner as the secretary of administration prescribes, the sum of money needed by the state agency from the appropriations under s. 20.865 (1) (c), (ci), (cm), (cj), (d), (i), (ic), (im), (j), (s), (si), (sm), and (t). Upon receipt of the certifications together with such additional information as the secretary of administration prescribes, the secretary shall determine the amounts required from the respective appropriations to supplement state agency budgets.".

AB40-SA8,24,4 30. Page 443, line 4: delete the material beginning with that line and ending with page 444, line 9, and substitute:

AB40-SA8,24,6 " Section 951L. 36.09 (1) (j) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,25,12 36.09 (1) (j) Except where such matters are a subject of bargaining with a certified representative of a collective bargaining unit under s. 111.91 or 111.998, the board shall establish salaries for persons not in the classified staff prior to July 1 of each year for the next fiscal year, and shall designate the effective dates for payment of the new salaries. In the first year of the biennium, payments of the salaries established for the preceding year shall be continued until the biennial budget bill is enacted. If the budget is enacted after July 1, payments shall be made following enactment of the budget to satisfy the obligations incurred on the effective dates, as designated by the board, for the new salaries, subject only to the appropriation of funds by the legislature and s. 20.928 (3). This paragraph does not limit the authority of the board to establish salaries for new appointments. The board may not increase the salaries of employees specified in ss. 20.923 (5) and (6) (m) and 230.08 (2) (d) under this paragraph unless the salary increase conforms to the proposal as approved under s. 230.12 (3) (e) or the board authorizes the salary increase to correct salary inequities under par. (h), to fund job reclassifications or promotions, or to recognize competitive factors. The board may not increase the salary of any position identified in s. 20.923 (4g) under this paragraph unless the salary increase conforms to the proposal as approved under s. 230.12 (3) (e) or the board authorizes the salary increase to correct a salary inequity or to recognize competitive factors. The board may not increase the salary of any position identified in s. 20.923 (4g) (ae) and (am) to correct a salary inequity that results from the appointment of a person to a position identified in s. 20.923 (4g) (ae) and (am) unless the increase is approved by the office of state employment relations. The granting of salary increases to recognize competitive factors does not obligate inclusion of the annualized amount of the increases in the appropriations under s. 20.285 (1) for subsequent fiscal bienniums. No later than October 1 of each year, the board shall report to the joint committee on finance and the secretary of administration and director of the office of state employment relations concerning the amounts of any salary increases granted to recognize competitive factors, and the institutions at which they are granted, for the 12-month period ending on the preceding June 30.".

AB40-SA8,25,13 31. Page 480, line 6: after that line insert:

AB40-SA8,25,15 " Section 1139b. 40.02 (25) (b) 8. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,25,18 40.02 (25) (b) 8. Any other state employee for whom coverage is authorized under a collective bargaining agreement pursuant to subch. I, V, or VI of ch. 111 or under s. 230.12 or 233.10.".

AB40-SA8,25,20 32. Page 482, line 6: delete the material beginning with that line and ending with page 483, line 13, and substitute:

AB40-SA8,25,22 " Section 1145m. 40.05 (1) (b) of the statutes, as affected by 2011 Wisconsin Act 10, is renumbered 40.05 (1) (b) 1. and amended to read:

AB40-SA8,26,2 40.05 (1) (b) 1. Except as otherwise provided in a collective bargaining agreement entered into under subch. I, IV or, V, or VI of ch. 111 and except as provided in subd. 2., an employer may not pay, on behalf of a participating employee, any of the contributions required by par. (a).

AB40-SA8, s. 1145mp Section 1145mp. 40.05 (1) (b) 2. of the statutes is created to read:

AB40-SA8,26,10 40.05 (1) (b) 2. a. A municipal employer shall pay, on behalf of a nonrepresented law enforcement or fire fighting managerial employee, who was initially employed by the municipal employer before the effective date of this subd. 2. a. .... [LRB inserts date], the same contributions required by par. (a) that are paid by the municipal employer for represented law enforcement or fire fighting personnel who were initially employed by the municipal employer before the effective date of this subd. 2. a. .... [LRB inserts date].

AB40-SA8,26,17 b. An employer shall pay, on behalf of a nonrepresented managerial employee in a position described under s. 40.02 (48) (am) 7. or 8., who was initially employed by the state before the effective date of this subd. 2. b. .... [LRB inserts date], in a position described under s. 40.02 (48) (am) 7. or 8. the same contributions required by par. (a) that are paid by the employer for represented employees in positions described under s. 40.02 (48) (am) 7. or 8. who were initially employed by the state before the effective date of this subd. 2. b. .... [LRB inserts date].

AB40-SA8,27,3 c. A municipal employer shall pay, on behalf of a represented law enforcement or fire fighting employee, who was initially employed by the municipal employer before the effective date of this subd. 2. c. .... [LRB inserts date], and who on or after the effective date of this subd. 2. c. .... [LRB inserts date], became employed in a nonrepresented law enforcement or fire fighting managerial position with the same municipal employer, or a successor municipal employer in the event of a combined department that is created on or after the effective date of this subd. 2. c. .... [LRB inserts date], the same contributions required by par. (a) that are paid by the employer for represented law enforcement or fire fighting personnel who were initially employed by a municipal employer before the effective date of this subd. 2. c. .... [LRB inserts date].

AB40-SA8, s. 1145n Section 1145n. 40.05 (4) (ag) (intro.) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,27,8 40.05 (4) (ag) (intro.) Except as otherwise provided in a collective bargaining agreement under subch. V or VI of ch. 111, the employer shall pay for its currently employed insured employees:".

AB40-SA8,27,10 33. Page 483, line 22: delete the material beginning with that line and ending with page 485, line 5, and substitute:

AB40-SA8,27,12 " Section 1146. 40.05 (4) (b) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,28,21 40.05 (4) (b) Except as provided under pars. (bc) and (bp), accumulated unused sick leave under ss. 13.121 (4), 36.30, 230.35 (2), 233.10, 238.04 (8), and 757.02 (5) and subch. I, V, or VI of ch. 111 of any eligible employee shall, at the time of death, upon qualifying for an immediate annuity or for a lump sum payment under s. 40.25 (1) or upon termination of creditable service and qualifying as an eligible employee under s. 40.02 (25) (b) 6. or 10., be converted, at the employee's highest basic pay rate he or she received while employed by the state, to credits for payment of health insurance premiums on behalf of the employee or the employee's surviving insured dependents. Any supplemental compensation that is paid to a state employee who is classified under the state classified civil service as a teacher, teacher supervisor, or education director for the employee's completion of educational courses that have been approved by the employee's employer is considered as part of the employee's basic pay for purposes of this paragraph. The full premium for any eligible employee who is insured at the time of retirement, or for the surviving insured dependents of an eligible employee who is deceased, shall be deducted from the credits until the credits are exhausted and paid from the account under s. 40.04 (10), and then deducted from annuity payments, if the annuity is sufficient. The department shall provide for the direct payment of premiums by the insured to the insurer if the premium to be withheld exceeds the annuity payment. Upon conversion of an employee's unused sick leave to credits under this paragraph or par. (bf), the employee or, if the employee is deceased, the employee's surviving insured dependents may initiate deductions from those credits or may elect to delay initiation of deductions from those credits, but only if the employee or surviving insured dependents are covered by a comparable health insurance plan or policy during the period beginning on the date of the conversion and ending on the date on which the employee or surviving insured dependents later elect to initiate deductions from those credits. If an employee or an employee's surviving insured dependents elect to delay initiation of deductions from those credits, an employee or the employee's surviving insured dependents may only later elect to initiate deductions from those credits during the annual enrollment period under par. (be). A health insurance plan or policy is considered comparable if it provides hospital and medical benefits that are substantially equivalent to the standard health insurance plan established under s. 40.52 (1).".

AB40-SA8,28,22 34. Page 1185, line 20: after that line insert:

AB40-SA8,28,24 " Section 1148. 40.05 (4) (bw) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,29,11 40.05 (4) (bw) On converting accumulated unused sick leave to credits for the payment of health insurance premiums under par. (b), the department shall add additional credits, calculated in the same manner as are credits under par. (b), that are based on a state employee's accumulated sabbatical leave or earned vacation leave from the state employee's last year of service prior to retirement, or both. The department shall apply the credits awarded under this paragraph for the payment of health insurance premiums only after the credits awarded under par. (b) are exhausted. This paragraph applies only to state employees who are eligible for accumulated unused sick leave conversion under par. (b) and who are entitled to the benefits under this paragraph pursuant to a collective bargaining agreement under subch. V or VI of ch. 111.

AB40-SA8, s. 1149 Section 1149. 40.05 (4g) (a) 4. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,29,18 40.05 (4g) (a) 4. Has received a military leave of absence under s. 230.32 (3) (a) or 230.35 (3), under a collective bargaining agreement under subch. V or VI of ch. 111 or under rules promulgated by the director of the office of state employment relations or is eligible for reemployment with the state under s. 321.64 after completion of his or her service in the U.S. armed forces.

AB40-SA8, s. 1150 Section 1150. 40.05 (5) (intro.) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,29,25 40.05 (5) Income continuation insurance premiums. (intro.) For the income continuation insurance provided under subch. V the employee shall pay the amount remaining after the employer has contributed the following or, if different, the amount determined under a collective bargaining agreement under subch. I, V, or VI of ch. 111 or s. 230.12 or 233.10:".

AB40-SA8,30,1 35. Page 485, line 21: delete lines 21 to 24 and substitute:

AB40-SA8,30,3 " Section 1153g. 40.05 (5) (b) 4. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,30,6 40.05 (5) (b) 4. The accrual and crediting of sick leave shall be determined in accordance with ss. 13.121 (4), 36.30, 230.35 (2), 233.10, 238.04 (8), and 757.02 (5) and subch. I, V, or VI of ch. 111.

AB40-SA8, s. 1153h Section 1153h. 40.05 (6) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,30,16 40.05 (6) (a) Except as otherwise provided in accordance with a collective bargaining agreement under subch. I, V, or VI of ch. 111 or s. 230.12 or 233.10, each insured employee under the age of 70 and annuitant under the age of 65 shall pay for group life insurance coverage a sum, approved by the group insurance board, which shall not exceed 60 cents monthly for each $1,000 of group life insurance, based upon the last amount of insurance in force during the month for which earnings are paid. The equivalent premium may be fixed by the group insurance board if the annual compensation is paid in other than 12 monthly installments.".

AB40-SA8,30,17 36. Page 491, line 12: delete lines 12 to 16 and substitute:

AB40-SA8,30,19 " Section 1161. 40.62 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,30,23 40.62 (2) Sick leave accumulation shall be determined in accordance with rules of the department, any collective bargaining agreement under subch. I, V, or VI of ch. 111, and ss. 13.121 (4), 36.30, 49.825 (4) (d) and (5) (d), 49.826 (4) (d), 230.35 (2), 233.10, 238.04 (8), 757.02 (5) and 978.12 (3).

AB40-SA8, s. 1161g Section 1161g. 40.80 (3) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,31,4 40.80 (3) Any action taken under this section shall apply to employees covered by a collective bargaining agreement under subch. V or VI of ch. 111.

AB40-SA8, s. 1161h Section 1161h. 40.81 (3) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,31,8 40.81 (3) Any action taken under this section shall apply to employees covered by a collective bargaining agreement under subch. IV or , V, or VI of ch. 111.".

AB40-SA8,31,9 37. Page 491, line 19: after that line insert:

AB40-SA8,31,11 " Section 1163m. 40.95 (1) (a) 2. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,31,13 40.95 (1) (a) 2. The employee has his or her compensation established in a collective bargaining agreement under subch. V or VI of ch. 111.".

AB40-SA8,31,14 38. Page 512, line 19: after that line insert:

AB40-SA8,31,15 " Section 1304p. 46.284 (4) (m) of the statutes is created to read:

AB40-SA8,31,19 46.284 (4) (m) Compensate providers, as defined in s. 46.2898 (1) (e), in accordance with any agreement under subch. V of ch. 111 relating to a provider hired directly by an enrollee and make any payroll deductions authorized by those agreements.".

AB40-SA8,31,20 39. Page 513, line 2: after that line insert:

AB40-SA8,31,22 " Section 1305d. 46.2895 (8) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB40-SA8,32,13 46.2895 (8) (a) 1. If the long-term care district offers employment to any individual who was previously employed by a county, which participated in creating the district and at the time of the offer had not withdrawn or been removed from the district under sub. (14), and who while employed by the county performed duties relating to the same or a substantially similar function for which the individual is offered employment by the district and whose wages, hours, and conditions of employment were established in a collective bargaining agreement with the county under subch. IV of ch. 111 that is in effect on the date that the individual commences employment with the district, with respect to that individual, abide by the terms of the collective bargaining agreement concerning the individual's wages and, if applicable, vacation allowance, sick leave accumulation, sick leave bank, holiday allowance, funeral leave allowance, personal day allowance, or paid time off allowance until the time of the expiration of that collective bargaining agreement or adoption of a collective bargaining agreement with the district under subch. IV of ch. 111 covering the individual as an employee of the district, whichever occurs first.

AB40-SA8, s. 1305p Section 1305p. 46.2898 of the statutes is created to read:

AB40-SA8,32,15 46.2898 Quality home care. (1) Definitions. In this section:

AB40-SA8,32,16 (a) "Authority" means the Wisconsin Quality Home Care Authority.

AB40-SA8,32,17 (b) "Care management organization" has the meaning given in s. 46.2805 (1).

AB40-SA8,32,19 (cm) "Consumer" means an adult who receives home care services and who meets all of the following criteria:

AB40-SA8,32,20 1. Is a resident of any of the following:

AB40-SA8,32,21 a. A county that has acted under sub. (2) (a).

AB40-SA8,32,22 b. A county in which the Family Care Program under s. 46.286 is available.

AB40-SA8,32,24 c. A county in which the Program of All-Inclusive Care for the Elderly under 42 USC 1396u-4 is available.

AB40-SA8,33,3 d. A county in which the self-directed services option program under 42 USC 1396n (c) is available or in which a program operated under an amendment to the state medical assistance plan under 42 USC 1396n (j) is available.

AB40-SA8,33,5 2. Self-directs all or part of his or her home care services and is an employer listed on the provider's income tax forms.

AB40-SA8,33,6 3. Is eligible to receive a home care benefit under one of the following:

AB40-SA8,33,7 a. The Family Care Program under s. 46.286.

AB40-SA8,33,8 b. The Program of All-Inclusive Care for the Elderly, under 42 USC 1396u-4.

AB40-SA8,33,11 c. A program operated under a waiver from the secretary of the federal department of health and human services under 42 USC 1396n (c) or 42 USC 1396n (b) and (c) or the self-directed services option operated under 42 USC 1396n (c).

AB40-SA8,33,13 d. A program operated under an amendment to the state medical assistance plan under 42 USC 1396n (j).

AB40-SA8,33,18 (dm) "Home care" means supportive home care, personal care, and other nonprofessional services of a type that may be covered under a medical assistance waiver under 42 USC 1396n (c) and that are provided to individuals to assist them in meeting their daily living needs, ensuring adequate functioning in their homes, and permitting safe access to their communities.

AB40-SA8,33,20 (e) "Provider" means an individual who is hired by a consumer to provide home care to the consumer but does not include any of the following:

AB40-SA8,33,22 1. A person, while he or she is providing services in the capacity of an employee of any of the following entities:

AB40-SA8,33,23 a. A home health agency licensed under s. 50.49.

AB40-SA8,33,24 b. A personal care provider agency.

AB40-SA8,33,25 c. A company or agency providing supportive home care.

AB40-SA8,34,1 d. An independent living center, as defined in s. 46.96 (1) (ah).

AB40-SA8,34,3 e. A county agency or department under s. 46.215, 46.22, 46.23, 51.42, or 51.437.

AB40-SA8,34,5 2. A health care provider, as defined in s. 146.997 (1) (d), acting in his or her professional capacity.

AB40-SA8,34,14 (f) "Qualified provider" means a provider who meets the qualifications for payment through the Family Care Program under s. 46.286, the Program for All-Inclusive Care for the Elderly operated under 42 USC 1396u-4, an amendment to the state medical assistance plan under 42 USC 1396n (j), or a medical assistance waiver program operated under a waiver from the secretary of the U.S. department of health and human services under 42 USC 1396n (c) or 42 USC 1396n (b) and (c) and any qualification criteria established in the rules promulgated under sub. (7) and who the authority determines is eligible for placement on the registry maintained by the authority under s. 52.20 (1).

AB40-SA8,34,18 (2) County participation. (a) A county board of supervisors may require a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 to follow procedures under this section and to pay providers in accordance with agreements under subch. V of ch. 111.

AB40-SA8,34,20 (b) If a county acts under par. (a), it shall notify the department and the authority of its action.

AB40-SA8,34,23 (c) A county that acts under par. (a) shall compensate providers in accordance with any agreement under subch. V of ch. 111 and make any payroll deductions authorized by such agreements.

AB40-SA8,35,3 (4) Duties of home care payors. Care management organizations, the state, and counties, as described under sub. (1) (cm) 1. a. to d., that pay for the provision of home care services to consumers shall provide to the authority the name, address, telephone number, date of hire, and date of termination of any provider hired by an individual receiving home care services.

AB40-SA8,35,4 (5) Duties of consumers. A consumer shall do all of the following:

AB40-SA8,35,7 (a) Inform the authority of the name, address, telephone number, date of hire, and date of termination of any provider hired by the consumer to provide home care services.

AB40-SA8,35,10 (b) Compensate providers in accordance with any collective bargaining agreement that applies to home care providers under subch. V of ch. 111 and make any payroll deductions authorized by the agreement.

AB40-SA8,35,13 (6) Providers. (a) A qualified provider providing home care services under this section shall be subject to the collective bargaining agreement that applies to home care providers under subch. V of ch. 111.

AB40-SA8,35,15 (b) A qualified provider may choose to be placed on the registry maintained by the authority under s. 52.20 (1).