AB40-SA36,44 8Section 44. 20.865 (1) (ic) of the statutes, as affected by 2011 Wisconsin Act
932
, is amended to read:
AB40-SA36,17,1810 20.865 (1) (ic) Nonrepresented university system senior executive, faculty and
11academic pay adjustments.
From the appropriate program revenue and program
12revenue — service accounts, a sum sufficient to supplement the appropriations to the
13University of Wisconsin System to pay the cost of pay and related adjustments
14approved by the joint committee on employment relations under s. 230.12 (3) (e) for
15University of Wisconsin System employees under ss. 20.923 (4g), (5) and (6) (m) and
16230.08 (2) (d) who are not included within a collective bargaining unit for which a
17representative is certified under subch. V or VI of ch. 111, as determined under s.
1820.928, other than adjustments funded under par. (cj).
AB40-SA36,45 19Section 45. 20.865 (1) (si) of the statutes, as affected by 2011 Wisconsin Act
2032
, is amended to read:
AB40-SA36,18,321 20.865 (1) (si) Nonrepresented university system senior executive, faculty and
22academic pay adjustments.
From the appropriate segregated funds, a sum sufficient
23to supplement the appropriations to the University of Wisconsin System to pay the
24cost of pay and related adjustments approved by the joint committee on employment
25relations under s. 230.12 (3) (e) for University of Wisconsin System employees under

1ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d) who are not included within a
2collective bargaining unit for which a representative is certified under subch. V or
3VI
of ch. 111, as determined under s. 20.928.
AB40-SA36,46 4Section 46. 20.917 (3) (b) of the statutes is amended to read:
AB40-SA36,18,85 20.917 (3) (b) This subsection applies to employees in all positions in the civil
6service, including those employees in positions included in collective bargaining
7units under subch. V or VI of ch. 111, whether or not the employees are covered by
8a collective bargaining agreement.
AB40-SA36,47 9Section 47. 20.921 (1) (a) 2. of the statutes is amended to read:
AB40-SA36,18,1110 20.921 (1) (a) 2. If the state employee is a public safety employee under s. 111.81
11(15r), payment
Payment of dues to employee organizations.
AB40-SA36,48 12Section 48. 20.921 (1) (b) of the statutes is amended to read:
AB40-SA36,18,1913 20.921 (1) (b) Except as provided in s. ss. 111.06 (1) (c) and 111.84 (1) (f), the
14request under par. (a) shall be made to the state agency or to the University of
15Wisconsin Hospitals and Clinics Authority in the form and manner and contain the
16directions and information prescribed by each state agency or by the authority. The
17request may be withdrawn or the amount paid to the payee may be changed by
18notifying the state agency or the authority to that effect, but no such withdrawal or
19change shall affect a payroll certification already prepared.
AB40-SA36,49 20Section 49. 20.923 (6) (intro.) of the statutes is amended to read:
AB40-SA36,18,2521 20.923 (6) Salaries set by appointing authorities. (intro.) Salaries for the
22following positions may be set by the appointing authority, subject to restrictions
23otherwise set forth in the statutes and the compensation plan under s. 230.12, except
24where the salaries are a subject of bargaining with a certified representative of a
25collective bargaining unit under s. 111.91 or 111.998:
AB40-SA36,50
1Section 50. 36.09 (1) (j) of the statutes, as affected by 2011 Wisconsin Act 32,
2is amended to read:
AB40-SA36,19,243 36.09 (1) (j) Except where such matters are a subject of bargaining with a
4certified representative of a collective bargaining unit under s. 111.91 or 111.998, the
5board shall establish salaries for persons prior to July 1 of each year for the next fiscal
6year, and shall designate the effective dates for payment of the new salaries. In the
7first year of the biennium, payments of the salaries established for the preceding
8year shall be continued until the biennial budget bill is enacted. If the budget is
9enacted after July 1, payments shall be made following enactment of the budget to
10satisfy the obligations incurred on the effective dates, as designated by the board, for
11the new salaries, subject only to the appropriation of funds by the legislature and s.
1220.928 (3). This paragraph does not limit the authority of the board to establish
13salaries for new appointments. The board may not increase the salaries of employees
14under this paragraph unless the salary increase conforms to the proposal as
15approved under s. 230.12 (3) (e) or the board authorizes the salary increase to correct
16salary inequities under par. (h), to fund job reclassifications or promotions, or to
17recognize competitive factors. The granting of salary increases to recognize
18competitive factors does not obligate inclusion of the annualized amount of the
19increases in the appropriations under s. 20.285 (1) for subsequent fiscal bienniums.
20No later than October 1 of each year, the board shall report to the joint committee
21on finance and the secretary of administration and director of the office of state
22employment relations concerning the amounts of any salary increases granted to
23recognize competitive factors, and the institutions at which they are granted, for the
2412-month period ending on the preceding June 30.
AB40-SA36,51 25Section 51. 40.02 (25) (b) 8. of the statutes is amended to read:
AB40-SA36,20,3
140.02 (25) (b) 8. Any other state employee for whom coverage is authorized
2under a collective bargaining agreement pursuant to subch. I, V, or VI of ch. 111 or
3under s. 230.12 or 233.10.
AB40-SA36,52 4Section 52. 40.05 (1) (b) of the statutes is repealed and recreated to read:
AB40-SA36,21,75 40.05 (1) (b) In lieu of employee payment, the employer may pay all or part of
6the contributions required by par. (a), but all the payments shall be available for
7benefit purposes to the same extent as required contributions deducted from
8earnings of the participating employees. Action to assume employee contributions
9as provided under this paragraph shall be taken at the time and in the form
10determined by the governing body of the participating employer. The state shall pay
11under this paragraph for employees who are covered by a collective bargaining
12agreement under subch. V or VI of ch. 111 and for employees whose fringe benefits
13are determined under s. 230.12 an amount equal to 4 percent of the earnings paid
14by the state unless otherwise provided in a collective bargaining agreement under
15subch. V or VI of ch. 111 or unless otherwise determined under s. 230.12. The
16University of Wisconsin Hospitals and Clinics Authority shall pay under this
17paragraph for employees who are covered by a collective bargaining agreement
18under subch. I of ch. 111 and for employees whose fringe benefits are determined
19under s. 233.10 an amount equal to 4 percent of the earnings paid by the authority
20unless otherwise provided in a collective bargaining agreement under subch. I of ch.
21111 or unless otherwise determined under s. 233.10. The state shall pay under this
22paragraph for employees who are not covered by a collective bargaining agreement
23under subch. V or VI of ch. 111 and for employees whose fringe benefits are not
24determined under s. 230.12 an amount equal to 4 percent of the earnings paid by the
25state unless a different amount is recommended by the director of the office of state

1employment relations and approved by the joint committee on employment relations
2in the manner provided for approval of changes in the compensation plan under s.
3230.12 (3). The University of Wisconsin Hospitals and Clinics Authority shall pay
4under this paragraph for its employees who are not covered by a collective bargaining
5agreement under subch. I of ch. 111 an amount equal to 4 percent of the earnings paid
6by the authority unless a different amount is established by the board of directors
7of the authority under s. 233.10.
AB40-SA36,53 8Section 53. 40.05 (4) (ag) (intro.) of the statutes is amended to read:
AB40-SA36,21,119 40.05 (4) (ag) (intro.) Except as otherwise provided in a collective bargaining
10agreement under s. 230.12 or 233.10 or subch. I, V, or VI of ch. 111, the employer shall
11pay for its currently employed insured employees:
AB40-SA36,54 12Section 54. 40.05 (4) (b) of the statutes is amended to read:
AB40-SA36,22,2013 40.05 (4) (b) Except as provided under pars. (bc) and (bp), accumulated unused
14sick leave under ss. 13.121 (4), 36.30, 230.35 (2), 233.10, 238.04 (8), and 757.02 (5)
15and subch. I, V, or VI of ch. 111 of any eligible employee shall, at the time of death,
16upon qualifying for an immediate annuity or for a lump sum payment under s. 40.25
17(1) or upon termination of creditable service and qualifying as an eligible employee
18under s. 40.02 (25) (b) 6. or 10., be converted, at the employee's highest basic pay rate
19he or she received while employed by the state, to credits for payment of health
20insurance premiums on behalf of the employee or the employee's surviving insured
21dependents. Any supplemental compensation that is paid to a state employee who
22is classified under the state classified civil service as a teacher, teacher supervisor,
23or education director for the employee's completion of educational courses that have
24been approved by the employee's employer is considered as part of the employee's
25basic pay for purposes of this paragraph. The full premium for any eligible employee

1who is insured at the time of retirement, or for the surviving insured dependents of
2an eligible employee who is deceased, shall be deducted from the credits until the
3credits are exhausted and paid from the account under s. 40.04 (10), and then
4deducted from annuity payments, if the annuity is sufficient. The department shall
5provide for the direct payment of premiums by the insured to the insurer if the
6premium to be withheld exceeds the annuity payment. Upon conversion of an
7employee's unused sick leave to credits under this paragraph or par. (bf), the
8employee or, if the employee is deceased, the employee's surviving insured
9dependents may initiate deductions from those credits or may elect to delay
10initiation of deductions from those credits, but only if the employee or surviving
11insured dependents are covered by a comparable health insurance plan or policy
12during the period beginning on the date of the conversion and ending on the date on
13which the employee or surviving insured dependents later elect to initiate
14deductions from those credits. If an employee or an employee's surviving insured
15dependents elect to delay initiation of deductions from those credits, an employee or
16the employee's surviving insured dependents may only later elect to initiate
17deductions from those credits during the annual enrollment period under par. (be).
18A health insurance plan or policy is considered comparable if it provides hospital and
19medical benefits that are substantially equivalent to the standard health insurance
20plan established under s. 40.52 (1).
AB40-SA36,55 21Section 55. 40.05 (4) (bw) of the statutes is amended to read:
AB40-SA36,23,722 40.05 (4) (bw) On converting accumulated unused sick leave to credits for the
23payment of health insurance premiums under par. (b), the department shall add
24additional credits, calculated in the same manner as are credits under par. (b), that
25are based on a state employee's accumulated sabbatical leave or earned vacation

1leave from the state employee's last year of service prior to retirement, or both. The
2department shall apply the credits awarded under this paragraph for the payment
3of health insurance premiums only after the credits awarded under par. (b) are
4exhausted. This paragraph applies only to state employees who are eligible for
5accumulated unused sick leave conversion under par. (b) and who are entitled to the
6benefits under this paragraph pursuant to a collective bargaining agreement under
7subch. V or VI of ch. 111.
AB40-SA36,56 8Section 56. 40.05 (4g) (a) 4. of the statutes is amended to read:
AB40-SA36,23,139 40.05 (4g) (a) 4. Has received a military leave of absence under s. 230.32 (3) (a)
10or 230.35 (3), under a collective bargaining agreement under subch. V or VI of ch. 111
11or under rules promulgated by the director of the office of state employment relations
12or is eligible for reemployment with the state under s. 321.64 after completion of his
13or her service in the U.S. armed forces.
AB40-SA36,57 14Section 57. 40.05 (5) (intro.) of the statutes is amended to read:
AB40-SA36,23,1915 40.05 (5) Income continuation insurance premiums. (intro.) For the income
16continuation insurance provided under subch. V the employee shall pay the amount
17remaining after the employer has contributed the following or, if different, the
18amount determined under a collective bargaining agreement under subch. I, V, or VI
19of ch. 111 or s. 230.12 or 233.10:
AB40-SA36,58 20Section 58. 40.05 (5) (b) 4. of the statutes is amended to read:
AB40-SA36,23,2321 40.05 (5) (b) 4. The accrual and crediting of sick leave shall be determined in
22accordance with ss. 13.121 (4), 36.30, 230.35 (2), 233.10, 238.04 (8), and 757.02 (5)
23and subch. I, V, or VI of ch. 111.
AB40-SA36,59 24Section 59. 40.05 (6) (a) of the statutes is amended to read:
AB40-SA36,24,8
140.05 (6) (a) Except as otherwise provided in accordance with a collective
2bargaining agreement under subch. I, V, or VI of ch. 111 or s. 230.12 or 233.10, each
3insured employee under the age of 70 and annuitant under the age of 65 shall pay
4for group life insurance coverage a sum, approved by the group insurance board,
5which shall not exceed 60 cents monthly for each $1,000 of group life insurance,
6based upon the last amount of insurance in force during the month for which
7earnings are paid. The equivalent premium may be fixed by the group insurance
8board if the annual compensation is paid in other than 12 monthly installments.
AB40-SA36,60 9Section 60. 40.51 (7) (a) of the statutes is renumbered 40.51 (7) and amended
10to read:
AB40-SA36,24,2111 40.51 (7) Any employer, other than the state, including an employer that is not
12a participating employer, may offer to all of its employees a health care coverage plan
13through a program offered by the group insurance board. Notwithstanding sub. (2)
14and ss. 40.05 (4) and 40.52 (1), the department may by rule establish different
15eligibility standards or contribution requirements for such employees and
16employers. Beginning on January 1, 2012, except as otherwise provided in a
17collective bargaining agreement under subch. IV of ch. 111 and except as provided
18in par. (b)
, an employer may not offer a health care coverage plan to its employees
19under this subsection if the employer pays more than 88 percent of the average
20premium cost of plans offered in any tier with the lowest employee premium cost
21under this subsection.
AB40-SA36,61 22Section 61. 40.51 (7) (b) of the statutes is repealed.
AB40-SA36,62 23Section 62. 40.62 (2) of the statutes is amended to read:
AB40-SA36,25,224 40.62 (2) Sick leave accumulation shall be determined in accordance with rules
25of the department, any collective bargaining agreement under subch. I, V, or VI of

1ch. 111, and ss. 13.121 (4), 36.30, 49.825 (4) (d) and (5) (d), 49.826 (4) (d), 230.35 (2),
2233.10, 238.04 (8), 757.02 (5) and 978.12 (3).
AB40-SA36,63 3Section 63. 40.80 (3) of the statutes is amended to read:
AB40-SA36,25,54 40.80 (3) Any action taken under this section shall apply to employees covered
5by a collective bargaining agreement under subch. V or VI of ch. 111.
AB40-SA36,64 6Section 64. 40.81 (3) of the statutes is amended to read:
AB40-SA36,25,87 40.81 (3) Any action taken under this section shall apply to employees covered
8by a collective bargaining agreement under subch. IV or , V, or VI of ch. 111.
AB40-SA36,65 9Section 65. 40.95 (1) (a) 2. of the statutes is amended to read:
AB40-SA36,25,1110 40.95 (1) (a) 2. The employee has his or her compensation established in a
11collective bargaining agreement under subch. V or VI of ch. 111.
AB40-SA36,66 12Section 66. 46.284 (4) (m) of the statutes is created to read:
AB40-SA36,25,1613 46.284 (4) (m) Compensate providers, as defined in s. 46.2898 (1) (e), in
14accordance with any agreement under subch. V of ch. 111 relating to a provider hired
15directly by an enrollee and make any payroll deductions authorized by those
16agreements.
AB40-SA36,67 17Section 67. 46.2895 (8) (a) 1. of the statutes is amended to read:
AB40-SA36,26,718 46.2895 (8) (a) 1. If the long-term care district offers employment to any
19individual who was previously employed by a county, which participated in creating
20the district and at the time of the offer had not withdrawn or been removed from the
21district under sub. (14), and who while employed by the county performed duties
22relating to the same or a substantially similar function for which the individual is
23offered employment by the district and whose wages, hours, and conditions of
24employment
were established in a collective bargaining agreement with the county
25under subch. IV of ch. 111 that is in effect on the date that the individual commences

1employment with the district, with respect to that individual, abide by the terms of
2the collective bargaining agreement concerning the individual's wages and, if
3applicable, vacation allowance, sick leave accumulation, sick leave bank, holiday
4allowance, funeral leave allowance, personal day allowance, or paid time off
5allowance
until the time of the expiration of that collective bargaining agreement or
6adoption of a collective bargaining agreement with the district under subch. IV of ch.
7111 covering the individual as an employee of the district, whichever occurs first.
AB40-SA36,68 8Section 68. 46.2898 of the statutes is created to read:
AB40-SA36,26,9 946.2898 Quality home care. (1) Definitions. In this section:
AB40-SA36,26,1010 (a) "Authority" means the Wisconsin Quality Home Care Authority.
AB40-SA36,26,1111 (b) "Care management organization" has the meaning given in s. 46.2805 (1).
AB40-SA36,26,1312 (cm) "Consumer" means an adult who receives home care services and who
13meets all of the following criteria:
AB40-SA36,26,1414 1. Is a resident of any of the following:
AB40-SA36,26,1515 a. A county that has acted under sub. (2) (a).
AB40-SA36,26,1616 b. A county in which the Family Care Program under s. 46.286 is available.
AB40-SA36,26,1817 c. A county in which the Program of All-Inclusive Care for the Elderly under
1842 USC 1396u-4 is available.
AB40-SA36,26,2119d. A county in which the self-directed services option program under 42 USC
201396n
(c) is available or in which a program operated under an amendment to the
21state medical assistance plan under 42 USC 1396n (j) is available.
AB40-SA36,26,2322 2. Self-directs all or part of his or her home care services and is an employer
23listed on the provider's income tax forms.
AB40-SA36,26,2424 3. Is eligible to receive a home care benefit under one of the following:
AB40-SA36,26,2525 a. The Family Care Program under s. 46.286.
AB40-SA36,27,1
1b. The Program of All-Inclusive Care for the Elderly, under 42 USC 1396u-4.
AB40-SA36,27,42 c. A program operated under a waiver from the secretary of the federal
3department of health and human services under 42 USC 1396n (c) or 42 USC 1396n
4(b) and (c) or the self-directed services option operated under 42 USC 1396n (c).
AB40-SA36,27,65 d. A program operated under an amendment to the state medical assistance
6plan under 42 USC 1396n (j).
AB40-SA36,27,117 (dm) "Home care" means supportive home care, personal care, and other
8nonprofessional services of a type that may be covered under a medical assistance
9waiver under 42 USC 1396n (c) and that are provided to individuals to assist them
10in meeting their daily living needs, ensuring adequate functioning in their homes,
11and permitting safe access to their communities.
AB40-SA36,27,1312 (e) "Provider" means an individual who is hired by a consumer to provide home
13care to the consumer but does not include any of the following:
AB40-SA36,27,1514 1. A person, while he or she is providing services in the capacity of an employee
15of any of the following entities:
AB40-SA36,27,1616 a. A home health agency licensed under s. 50.49.
AB40-SA36,27,1717 b. A personal care provider agency.
AB40-SA36,27,1818 c. A company or agency providing supportive home care.
AB40-SA36,27,1919 d. An independent living center, as defined in s. 46.96 (1) (ah).
AB40-SA36,27,2120 e. A county agency or department under s. 46.215, 46.22, 46.23, 51.42, or
2151.437.
AB40-SA36,27,2322 2. A health care provider, as defined in s. 146.997 (1) (d), acting in his or her
23professional capacity.
AB40-SA36,28,724 (f) "Qualified provider" means a provider who meets the qualifications for
25payment through the Family Care Program under s. 46.286, the Program for

1All-Inclusive Care for the Elderly operated under 42 USC 1396u-4, an amendment
2to the state medical assistance plan under 42 USC 1396n (j), or a medical assistance
3waiver program operated under a waiver from the secretary of the federal
4department of health and human services under 42 USC 1396n (c) or 42 USC 1396n
5(b) and (c) and any qualification criteria established in the rules promulgated under
6sub. (7) and who the authority determines is eligible for placement on the registry
7maintained by the authority under s. 52.20 (1).
AB40-SA36,28,11 8(2) County participation. (a) A county board of supervisors may require a
9county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 to follow
10procedures under this section and to pay providers in accordance with agreements
11under subch. V of ch. 111.
AB40-SA36,28,1312 (b) If a county acts under par. (a), it shall notify the department and the
13authority of its action.
AB40-SA36,28,1614 (c) A county that acts under par. (a) shall compensate providers in accordance
15with any agreement under subch. V of ch. 111 and make any payroll deductions
16authorized by such agreements.
AB40-SA36,28,21 17(4) Duties of home care payors. Care management organizations, the state,
18and counties, as described in sub. (1) (cm) 1. a. to d., that pay for the provision of home
19care services to consumers shall provide to the authority the name, address,
20telephone number, date of hire, and date of termination of any provider hired by an
21individual receiving home care services.
AB40-SA36,28,22 22(5) Duties of consumers. A consumer shall do all of the following:
AB40-SA36,28,2523 (a) Inform the authority of the name, address, telephone number, date of hire,
24and date of termination of any provider hired by the consumer to provide home care
25services.
AB40-SA36,29,3
1(b) Compensate providers in accordance with any collective bargaining
2agreement that applies to home care providers under subch. V of ch. 111 and make
3any payroll deductions authorized by the agreement.
AB40-SA36,29,6 4(6) Providers. (a) A qualified provider providing home care services under this
5section shall be subject to the collective bargaining agreement that applies to home
6care providers under subch. V of ch. 111.
AB40-SA36,29,87 (b) A qualified provider may choose to be placed on the registry maintained by
8the authority under s. 52.20 (1).
AB40-SA36,29,12 9(7) Department rule making. The department may promulgate rules defining
10terms, specifying which services constitute home care, establishing the qualification
11criteria that apply under sub. (1) (f), and establishing procedures for implementation
12of this section.
AB40-SA36,69 13Section 69. 46.48 (9m) of the statutes is created to read:
AB40-SA36,29,1714 46.48 (9m) Quality home care. The department shall award a grant to the
15Wisconsin Quality Home Care Authority for the purpose of providing services to
16recipients and providers of home care under s. 46.2898 and ch. 52 and may award
17grants to counties to facilitate transition to procedures established under s. 46.2898.
AB40-SA36,70 18Section 70. 49.825 (3) (b) 4. of the statutes is created to read:
AB40-SA36,29,2419 49.825 (3) (b) 4. The department may enter into a memorandum of
20understanding, as described in s. 111.70 (3m), with the certified representative of the
21county employees performing services under this section for the unit. If there is a
22dispute as to hours or conditions of employment that remains between the
23department and the certified representative after a good faith effort to resolve it, the
24department may unilaterally resolve the dispute.
AB40-SA36,71 25Section 71. 49.826 (3) (b) 4. of the statutes is created to read:
AB40-SA36,30,6
149.826 (3) (b) 4. The department may enter into a memorandum of
2understanding, as described in s. 111.70 (3p), with the certified representative of the
3county employees performing services under this section in the county for the unit.
4If there is a dispute as to hours or conditions of employment that remains between
5the department and the certified representative after a good faith effort to resolve
6it, the department may unilaterally resolve the dispute.
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