SECTION 54. 111.91 (2c) of the statutes is created to read:
111.91 (2c) In addition to the prohibited subjects under sub. (2), the employer is prohibited from bargaining with a collective bargaining unit formed under s. 111.825 (2g) on any of the following:
(a) Policies.
(b) Work rules.
(c) Hours of employment.
(d) Any right of the consumer under s. 111.905.
SECTION 55. 111.92 (1) (a) of the statutes is amended to read:
111.92 (1) (a) Any tentative agreement reached between the office, or, as provided in s. 111.815 (1), the department of health services, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1) or, (2) (a) to (e), or (2g) shall, after official ratification by the labor organization, be submitted by the office or department of health services to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval. If the committee approves the tentative agreement, it shall introduce in a bill or companion bills, to be put on the calendar or referred to the appropriate scheduling committee of each house, that portion of the tentative agreement which requires legislative action for implementation, such as salary and wage adjustments, changes in fringe benefits, and any proposed amendments, deletions or additions to existing law. Such bill or companion bills are not subject to ss. 13.093 (1), 13.50 (6) (a) and (b) and 16.47 (2). The committee may, however, submit suitable portions of the tentative agreement to appropriate legislative committees for advisory recommendations on the proposed terms. The committee shall accompany the introduction of such proposed legislation with a message that informs the legislature of the committee's concurrence with the matters under consideration and which recommends the passage of such legislation without change. If the joint committee on employment relations does not approve the tentative agreement, it shall be returned to the parties for renegotiation. If the legislature does not adopt without change that portion of the tentative agreement introduced by the joint committee on employment relations, the tentative agreement shall be returned to the parties for renegotiation.
SECTION 56. 230.03 (3) of the statutes is amended to read:
230.03 (3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 52, 231, 232, 233, 234, 235, 237, or 279. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.
SECTION 57. 281.75 (4) (b) 3. of the statutes is amended to read:
281.75 (4) (b) 3. An authority created under subch. II of ch. 114 or ch. 52, 231, 233, 234, or 237.
SECTION 58. 285.59 (1) (b) of the statutes is amended to read:
285.59 (1) (b) "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 Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, and the Wisconsin Health and Educational Facilities Authority.
SECTION 59. 704.31 (3) of the statutes is amended to read:
704.31 (3) This section does not apply to a lease to which a local professional baseball park district created under subch. III of ch. 229, the Wisconsin Quality Home Care Authority, or the Fox River Navigational System Authority is a party.
SECTION 9122. Nonstatutory provisions; Health Services.
(1) QUALITY HOME CARE; RULES. Using the procedure under section 227.24 of the statutes, the department of health services may promulgate rules under section 46.2898 (7) of the statutes, as created by this act, which shall remain in effect until the date on which permanent rules take effect, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
SECTION 9155m. Nonstatutory provisions; Wisconsin Quality Home Care Authority.
(1) INITIAL TERMS OF WISCONSIN QUALITY HOME CARE AUTHORITY BOARD. Notwithstanding the length of terms specified for the members of the board of the Wisconsin Quality Home Care Authority specified in section 52.05 (1) (c) of the statutes, as created by this act, the initial members shall be appointed for the following terms:
(a) The members specified under section 52.05 (1) (c) 1. and 3. of the statutes, as created by this act, and 3 members specified under section 52.05 (1) (c) 9. of the statutes, as created by this act, for terms that expire on July 1, 2010.
(b) The members specified under section 52.05 (1) (c) 2., 4., and 6. of the statutes, as created by this act, and 4 members specified under section 52.05 (1) (c) 9. of the statutes, as created by this act, for terms that expire July 1, 2011.
(c) The members specified under section 52.05 (1) (c) 5., 7., and 8. of the statutes, as created by this act, and 4 members specified under section 52.05 (1) (c) 9. of the statutes, as created by this act, for terms that expire July 1, 2012.
(2) INITIAL CHAIRPERSON OF WISCONSIN QUALITY HOME CARE AUTHORITY BOARD. The secretary of the department of health services, or his or her designee, shall serve as the chairperson of the board until such time as the governor designates a member of the board to serve as its chair.
SECTION 9322. Initial applicability; Health Services.
(1) HOME CARE PROVIDERS. The treatment of section 46.2898 (5) of the statutes, as created by this act, first applies to a recipient of home care services on the date that the recipient's individual service plan is reviewed.
SECTION 9422. Effective dates; Health Services.
(1) COLLECTIVE BARGAINING AGREEMENTS. The treatment of sections 111.81 (3h), (7) (g), and (9k), 111.815 (1) and (2), 111.825 (2g), (3), and (4), 111.83 (1) and (5m), 111.84 (2) (c), 111.905, 111.91 (1) (cg) and (2c), and 111.92 (1) (a) of the statutes takes effect on July 1, 2011.
(End)
LRB-1388LRB-1388/P1
TKK:nwn:jf
2009 - 2010 LEGISLATURE
DOA:......Skwarczek, BB0359 - Consolidated district board membership
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
education
Primary and secondary education
Under current law, the members of the school boards of consolidating school districts serve as a joint interim school board of the new school district until the election of members to the school board of the new school district. This bill clarifies that a member of the school board of one of the consolidating school districts who has been newly elected to the school board of the new school district to continue to serve on the school board of the consolidating school district after the election of the new school district board members and until the effective date of the consolidation.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 117.22 (1) (d) of the statutes is created to read:
117.22 (1) (d) A person elected under sub. (2) to the school board of a consolidated school district created by an order of school district reorganization issued under s. 117.08 or 117.09, who also served as a member of the joint interim school board by virtue of his or her membership on the school board of one of the consolidating school districts, may continue to serve as a member of the school board of that consolidating school district until the effective date of the consolidation, as specified in the order of school district reorganization, provided he or she is otherwise qualified to serve on the school board of that consolidating school district.
SECTION 9339. Initial applicability; Public Instruction.
(1) CONCURRENT MEMBERSHIP ON THE SCHOOL BOARDS OF A CONSOLIDATING AND A CONSOLIDATED SCHOOL DISTRICT. The treatment of section 117.22 (1) (d) of the statutes first applies to a person elected to the school board of a consolidated school district on the effective date of this subsection.
(End)
LRB-1389LRB-1389/1
PJK&GMM:cjs&kjf:rs
2009 - 2010 LEGISLATURE
DOA:......Grimsrud, BB0363 - Wisconsin Shares local administration
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Children
Under current law, a child care provider, other than a day care center licensed by DCF or established or contracted by a school board, must be certified by a county department of human services or social services before the child care provider may receive reimbursement for child care services provided to a family that is eligible for a child care subsidy under the Wisconsin Works (W-2) program. This bill permits DCF to contract with a W-2 agency, child care resource and referral agency, or other agency to certify child care providers in a particular geographic area or for a particular Indian tribal unit for purposes of reimbursement under the W-2 program.
Wisconsin Works
The Wisconsin Works (W-2) program under current law, which is administered by DCF, provides work experience and benefits for low-income custodial parents who are at least 18 years old. Also, an individual who is the parent of a child under the age of 13 or, if the child is disabled, under the age of 19, may receive a child care subsidy under W-2 if the individual needs child care services to participate in various educational or work activities and satisfies other eligibility criteria. Under current law, W-2 agencies determine an individual's eligibility for a child care subsidy and then refer the individual to a county department of social services or human services (county department) for locally administering child care assistance, including determining the amount of the copayment the individual must pay, providing a voucher for payment of child care services, and assisting individuals to identify child care providers and select appropriate child care arrangements. The bill authorizes DCF to contract with a county department, W-2 agency, child care resource and referral agency, or other agency to determine eligibility of individuals residing in a particular geographic region or who are members of a particular Indian tribal unit for a child care subsidy and to administer child care assistance at the local level. Current law also provides that the cost to administer the program may not exceed the greatest of 5 percent of the total distributed in the current year for child care services, 5 percent of the total distributed in the previous year for child care services, or $20,000. The bill modifies this so that the department must allocate at least $20,000 per year to each contract for administrative responsibilities for each geographic region or Indian tribal unit.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 46.215 (1) (p) of the statutes is amended to read:
46.215 (1) (p) To establish and administer the child care program under s. 49.155, if the department of children and families contracts with the county department of social services to do so.
SECTION 2. 46.22 (1) (b) 2. fm. of the statutes is amended to read:
46.22 (1) (b) 2. fm. To establish and administer the child care program under s. 49.155, if the department of children and families contracts with the county department of social services to do so.
SECTION 3. 48.651 (1) (intro.) of the statutes is amended to read:
48.651 (1) (intro.) Each county department shall certify No person, other than a day care center licensed under s. 48.65 or established or contracted for under s. 120.13 (14), may receive reimbursement for providing child care services for an individual who is determined eligible for a child care subsidy under s. 49.155 unless the person is certified, according to the standards adopted by the department under s. 49.155 (1d), each day care provider reimbursed for child care services provided to families determined eligible under s. 49.155, unless the provider is a day care center licensed under s. 48.65 or is established or contracted for under s. 120.13 (14). Each county may charge a fee to cover the costs of certification by a county department or an agency with which the department contracts under sub. (2). To be certified under this section, a person must meet the minimum requirements for certification established by the department under s. 49.155 (1d), meet the requirements specified in s. 48.685, and pay the fee specified in this section. The county sub. (2). A county department or agency contracted with under sub. (2) shall certify the following categories of day care providers:
SECTION 4. 48.651 (1) (a) of the statutes is amended to read:
48.651 (1) (a) Level I certified family day care providers, as established by the department under s. 49.155 (1d). No county or agency contracted with under sub. (2) may certify a provider under this paragraph if the provider is a relative of all of the children for whom he or she provides care.
SECTION 5. 48.651 (2) of the statutes is created to read:
48.651 (2) A county department shall certify day care providers under sub. (1) or the department may contract with a Wisconsin Works agency, as defined in s. 49.001 (9), child care resource and referral agency, or other agency to certify day care providers under sub. (1) in a particular geographic area or for a particular Indian tribal unit. A county department that certifies day care providers under sub. (1) may charge a fee to cover the costs of certifying those providers. An agency contracted with under this subsection may charge a fee specified by the department to supplement the amount provided by the department under the contract for certifying day care providers.
SECTION 6. 48.651 (2m) of the statutes is amended to read:
48.651 (2m) Each county department or agency contracted with under sub. (2) shall provide the department of health services with information about each person who is denied certification for a reason specified in s. 48.685 (4m) (a) 1. to 5.
SECTION 7. 48.685 (4m) (a) (intro.) of the statutes is amended to read:
48.685 (4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in par. (ad) and sub. (5), the department may not license, or continue or renew the license of, a person to operate an entity, a county department or agency contracted with under s. 48.651 (2) may not certify a day care provider under s. 48.651, a county department or a child welfare agency may not license, or renew the license of, a foster home or treatment foster home under s. 48.62, and a school board may not contract with a person under s. 120.13 (14), if the department, county department, contracted agency, child welfare agency, or school board knows or should have known any of the following:
SECTION 8. 48.685 (4m) (ad) of the statutes is amended to read:
48.685 (4m) (ad) The department, a county department, or a child welfare agency may license a foster home or treatment foster home under s. 48.62, a county department or agency contracted with under s. 48.651 (2) may certify a day care provider under s. 48.651, and a school board may contract with a person under s. 120.13 (14), conditioned on the receipt of the information specified in sub. (2) (am) indicating that the person is not ineligible to be licensed, certified or contracted with for a reason specified in par. (a) 1. to 5.
SECTION 9. 48.685 (5) (a) of the statutes is amended to read:
48.685 (5) (a) Subject to par. (bm), the department may license to operate an entity, a county department or agency contracted with under s. 48.651 (2) may certify under s. 48.651, a county department or a child welfare agency may license under s. 48.62, and a school board may contract with under s. 120.13 (14) a person who otherwise may not be licensed, certified, or contracted with for a reason specified in sub. (4m) (a) 1. to 5., and an entity may employ, contract with, or permit to reside at the entity a person who otherwise may not be employed, contracted with, or permitted to reside at the entity for a reason specified in sub. (4m) (b) 1. to 5., if the person demonstrates to the department, the county department, the contracted agency, the child welfare agency, or the school board or, in the case of an entity that is located within the boundaries of a reservation, to the person or body designated by the tribe under sub. (5d) (a) 3., by clear and convincing evidence and in accordance with procedures established by the department by rule or by the tribe that he or she has been rehabilitated.
SECTION 10. 48.685 (5m) of the statutes is amended to read:
48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license a person to operate an entity, a county department or a child welfare agency may refuse to license a foster home or treatment foster home under s. 48.62, and an entity may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the entity if the person has been convicted of an offense that is not a serious crime, but that is, in the estimation of the department, county department, child welfare agency, or entity, substantially related to the care of a client. Notwithstanding s. 111.335, the department may refuse to license a person to operate a day care center, a county department or agency contracted with under s. 48.651 (2) may refuse to certify a day care provider under s. 48.651, a school board may refuse to contract with a person under s. 120.13 (14), a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14), and a day care provider that is certified under s. 48.651 may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the day care center or day care provider if the person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for an offense that is not a serious crime, but that is, in the estimation of the department, county department, contracted agency, school board, day care center, or day care provider, substantially related to the care of a client.
SECTION 11. 48.685 (6) (a) of the statutes is amended to read:
48.685 (6) (a) The department shall require any person who applies for issuance, continuation, or renewal of a license to operate an entity, a county department or agency contracted with under s. 48.651 (2) shall require any day care provider who applies for initial certification under s. 48.651 or for renewal of that certification, a county department or a child welfare agency shall require any person who applies for issuance or renewal of a license to operate a foster home or treatment foster home under s. 48.62, and a school board shall require any person who proposes to contract with the school board under s. 120.13 (14) or to renew a contract under that subsection, to complete a background information form that is provided by the department.
SECTION 12. 49.143 (2) (em) of the statutes is amended to read:
49.143 (2) (em) Determine eligibility for and administer child care assistance under s. 49.155 and refer eligible families to county departments under s. 46.215, 46.22 or 46.23 for child care services, if the department contracts with the Wisconsin Works agency to do so.
SECTION 13. 49.155 (1) (ah) of the statutes is created to read:
49.155 (1) (ah) "County department or agency" means a county department under s. 46.215, 46.22, or 46.23 or a Wisconsin Works agency, child care resource and referral agency, or other agency.
SECTION 14. 49.155 (1m) (intro.) of the statutes is amended to read:
49.155 (1m) ELIGIBILITY. (intro.) A Wisconsin works agency shall determine eligibility for a The department shall contract with a county department or agency to determine the eligibility of individuals residing in a particular geographic region or who are members of a particular Indian tribal unit for child care subsidy subsidies under this section. Under this section, an individual may receive a subsidy for child care for a child who has not attained the age of 13 or, if the child is disabled, who has not attained the age of 19, if the individual meets all of the following conditions:
SECTION 15. 49.155 (3) of the statutes is repealed and recreated to read:
49.155 (3) CHILD CARE LOCAL ADMINISTRATION. The county department or agency with which the department contracts under sub. (1m) to determine eligibility in a particular geographic region or for a particular Indian tribal unit shall administer child care assistance in that geographic region or for that tribal unit. In administering child care assistance under this section, the county department or agency shall do all of the following:
(a) Determine an individual's liability for copayments under sub. (5).
(b) Determine and authorize the amount of child care for which an individual may receive a subsidy.
