SB666,35,11
9(4) Develop and operate recruitment and retention programs to expand the
10pool of home care providers qualified and available to provide home care services to
11consumers.
SB666,35,14
12(5) Maintain a list of home care providers included in a collective bargaining
13unit under s. 111.825 (2g) and provide the list of home care providers to the
14department at the department's request.
SB666,35,17
15(6) Notify home care providers providing home care services of any procedures
16for remaining a qualified provider under s. 46.2898 (1) (f) set forth by the department
17or the authority.
SB666,35,18
18(7) Provide orientation activities and skills training for home care providers.
SB666,35,21
19(8) Provide training and support for consumers hiring a home care provider
20regarding the duties and responsibilities of employers and skills needed to be
21effective employers.
SB666,35,24
22(9) Inform consumers of the experience and qualifications of home care
23providers on the registry and home care providers identified by consumers of home
24care services for employment.
SB666,36,2
1(10) Develop and operate a system of backup and respite referrals to home care
2providers and a 24-hour per day call service for consumers of home care services.
SB666,36,5
3(11) Report annually to the governor on the number of home care providers on
4the registry and the number of home care providers providing services under the
5authority.
SB666,36,7
6(12) Conduct activities to improve the supply and quality of home care
7providers.
SB666,36,11
852.30 Liability limited. (1) The state, any political subdivision of the state,
9or any officer, employee, or agent of the state or a political subdivision who is acting
10within the scope of employment or agency is not liable for any debt, obligation, act,
11or omission of the authority.
SB666,36,13
12(2) All expenses incurred by the authority in exercising its duties and powers
13under this chapter shall be payable only from funds of the authority.
SB666,36,16
1452.40 Health data. Any health data or identifying information collected by
15the authority is collected for the purpose of government regulatory and management
16functions.
SB666,69
17Section
69. 59.875 (2) (a) of the statutes is renumbered 59.875 (2) and
18amended to read:
SB666,36,2419
59.875
(2) Beginning on July 1. 2011, in any employee retirement system of a
20county, except as otherwise provided in a collective bargaining agreement entered
21into under subch. IV of ch. 111
and except as provided in par. (b), employees shall pay
22half of all actuarially required contributions for funding benefits under the
23retirement system. The employer may not pay on behalf of an employee any of the
24employee's share of the actuarially required contributions.
SB666,70
25Section
70. 59.875 (2) (b) of the statutes is repealed.
SB666,71
1Section
71. 62.623 (1) of the statutes is renumbered 62.623 and amended to
2read:
SB666,37,9
362.623 Payment of contributions in an employee retirement system of
4a 1st class city. Beginning on July 1, 2011, in any employee retirement system of
5a 1st class city, except as otherwise provided in a collective bargaining agreement
6entered into under subch. IV of ch. 111
and except as provided in sub. (2), employees
7shall pay all employee required contributions for funding benefits under the
8retirement system. The employer may not pay on behalf of an employee any of the
9employee's share of the required contributions.
SB666,72
10Section
72. 62.623 (2) of the statutes is repealed.
SB666,73
11Section
73. 66.0506 of the statutes is repealed.
SB666,74
12Section
74. 66.0508 of the statutes is repealed.
SB666,75
13Section
75. 66.0509 (1m) of the statutes is repealed.
SB666,76
14Section
76. 70.11 (41s) of the statutes is created to read:
SB666,37,1715
70.11
(41s) Wisconsin Quality Home Care Authority. All property owned by
16the Wisconsin Quality Home Care Authority, provided that use of the property is
17primarily related to the purposes of the authority.
SB666,77
18Section
77. 71.26 (1) (be) of the statutes is amended to read:
SB666,37,2219
71.26
(1) (be)
Certain authorities. Income of the University of Wisconsin
20Hospitals and Clinics Authority,
of the Wisconsin Quality Home Care Authority, of
21the Fox River Navigational System Authority, of the Wisconsin Economic
22Development Corporation, and of the Wisconsin Aerospace Authority.
SB666,78
23Section
78. 73.03 (68) of the statutes is repealed.
SB666,79
24Section
79. 77.54 (9a) (a) of the statutes is amended to read:
SB666,38,4
177.54
(9a) (a) This state or any agency thereof, the University of Wisconsin
2Hospitals and Clinics Authority, the Wisconsin Aerospace Authority,
the Wisconsin
3Quality Home Care Authority, the Wisconsin Economic Development Corporation,
4and the Fox River Navigational System Authority.
SB666,80
5Section
80. 100.45 (1) (dm) of the statutes is amended to read:
SB666,38,156
100.45
(1) (dm) "State agency" means any office, department, agency,
7institution of higher education, association, society, or other body in state
8government created or authorized to be created by the constitution or any law which
9is entitled to expend moneys appropriated by law, including the legislature and the
10courts, the Wisconsin Housing and Economic Development Authority, the Bradley
11Center Sports and Entertainment Corporation, the University of Wisconsin
12Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities
13Authority, the Wisconsin Aerospace Authority,
the Wisconsin Quality Home Care
14Authority, the Wisconsin Economic Development Corporation, and the Fox River
15Navigational System Authority.
SB666,81
16Section
81. 109.03 (1) (b) of the statutes is amended to read:
SB666,38,2117
109.03
(1) (b) School district and private school employees who voluntarily
18request payment over a 12-month period for personal services performed during the
19school year, unless
, with respect to private school employees, the such employees are
20covered under a valid collective bargaining agreement which precludes this method
21of payment.
SB666,82
22Section
82. 111.02 (2) of the statutes is amended to read:
SB666,39,323
111.02
(2) "Collective bargaining" means the negotiation by an employer and
24a majority of the employer's employees in a collective bargaining unit, or their
25representatives, concerning representation or terms and conditions of employment
1of such employees
, except as provided under ss. 111.05 (5) and 111.17 (2), in a
2mutually genuine effort to reach an agreement with reference to the subject under
3negotiation.
SB666,39,206
111.02
(3) "Collective bargaining unit" means all of the employees of one
7employer, employed within the state,
except as provided in s. 111.05 (5) and (7) and 8except that where a majority of the employees engaged in a single craft, division,
9department or plant have voted by secret ballot as provided in s. 111.05 (2) to
10constitute such group a separate bargaining unit they shall be so considered, but, in
11appropriate cases, and to aid in the more efficient administration of this subchapter,
12the commission may find, where agreeable to all parties affected in any way thereby,
13an industry, trade or business comprising more than one employer in an association
14in any geographical area to be a "collective bargaining unit". A collective bargaining
15unit thus established by the commission shall be subject to all rights by termination
16or modification given by this subchapter in reference to collective bargaining units
17otherwise established under this subchapter. Two or more collective bargaining
18units may bargain collectively through the same representative where a majority of
19the employees in each separate unit have voted by secret ballot as provided in s.
20111.05 (2) so to do.
SB666,84
21Section
84. 111.02 (6) (am) of the statutes is created to read:
SB666,39,2522
111.02
(6) (am) "Employee" includes a child care provider certified under s.
2348.651 and a child care provider licensed under s. 48.65 who provides care and
24supervision for not more than 8 children who are not related to the child care
25provider.
SB666,85
1Section
85. 111.02 (7) (a) of the statutes is renumbered 111.02 (7) (a) (intro.)
2and amended to read:
SB666,40,43
111.02
(7) (a) (intro.) "Employer" means a person who engages the services of
4an employee, and includes
a all of the following:
SB666,40,6
51. A person acting on behalf of an employer within the scope of his or her
6authority, express or implied.
SB666,86
7Section
86. 111.02 (7) (a) 2., 3. and 4. of the statutes are created to read:
SB666,40,88
111.02
(7) (a) 2. The University of Wisconsin Hospitals and Clinics Authority.
SB666,40,99
3. A local cultural arts district created under subch. V of ch. 229.
SB666,40,1210
4. With respect to an employee under sub. (6) (am), the state, counties, and
11other administrative entities involved in regulation and subsidization of employees
12under sub. (6) (am).
SB666,87
13Section
87. 111.02 (7) (b) 1. of the statutes is amended to read:
SB666,40,1514
111.02
(7) (b) 1.
The Except as provided in par. (a) 4., the state or any political
15subdivision thereof.
SB666,88
16Section
88. 111.05 (2) of the statutes is amended to read:
SB666,40,2217
111.05
(2) Whenever Except as provided in subs. (5) and (7), whenever a
18question arises concerning the determination of a collective bargaining unit, it shall
19be determined by secret ballot, and the commission, upon request, shall cause the
20ballot to be taken in such manner as to show separately the wishes of the employees
21in any craft, division, department or plant as to the determination of the collective
22bargaining unit.
SB666,89
23Section
89. 111.05 (5) of the statutes is created to read:
SB666,41,3
1111.05
(5) (a) Collective bargaining units for representation of the employees
2of the University of Wisconsin Hospitals and Clinics Authority shall include one unit
3for employees engaged in each of the following functions:
SB666,41,44
1. Fiscal and staff services.
SB666,41,55
2. Patient care.
SB666,41,77
4. Clerical and related.
SB666,41,88
5. Blue collar and nonbuilding trades.
SB666,41,99
6. Building trades crafts.
SB666,41,1010
7. Security and public safety.
SB666,41,1111
8. Technical.
SB666,41,2012
(b) Collective bargaining units for representation of the employees of the
13University of Wisconsin Hospitals and Clinics Authority who are engaged in a
14function not specified in par. (a) shall be determined in the manner provided in this
15section. The creation of any collective bargaining unit for the employees is subject
16to approval of the commission. The commission may not permit fragmentation of the
17collective bargaining units or creation of any collective bargaining unit that is too
18small to provide adequate representation of employees. In approving the collective
19bargaining units, the commission shall give primary consideration to the authority's
20needs to fulfill its statutory missions.
SB666,90
21Section
90. 111.05 (6) of the statutes is created to read:
SB666,42,622
111.05
(6) If a single representative is recognized or certified to represent more
23than one of the collective bargaining units specified in sub. (5), that representative
24and the employer may jointly agree to combine the collective bargaining units,
25subject to the right of the employees in any of the collective bargaining units that
1were combined to petition for an election under sub. (3). Any agreement under this
2subsection is effective when the parties provide written notice of the agreement to
3the commission and terminates when the party provides written notice of
4termination to the commission or when the representative entering into the
5agreement is decertified as representative of one of the combined collective
6bargaining units, whichever occurs first.
SB666,91
7Section
91. 111.05 (7) of the statutes is created to read:
SB666,42,98
111.05
(7) Employees under s. 111.02 (6) (am) shall comprise a single collective
9bargaining unit.
SB666,92
10Section
92. 111.06 (1) (d) of the statutes is amended to read:
SB666,42,1811
111.06
(1) (d) To refuse to bargain collectively with the representative of a
12majority of the employer's employees in any collective bargaining unit with respect
13to representation or terms and conditions of employment,
except as provided under
14ss. 111.05 (5) and 111.17 (2); provided, however, that where an employer files with
15the commission a petition requesting a determination as to majority representation,
16the employer
shall not be deemed to have has not refused to bargain until an election
17has been held and the
commission has certified the result
thereof has been certified 18to the employer
by the commission.
SB666,93
19Section
93. 111.06 (1) (m) of the statutes is created to read:
SB666,42,2120
111.06
(1) (m) To fail to give the notice of intention to engage in a lockout
21provided in s. 111.115 (2).
SB666,94
22Section
94. 111.06 (2) (i) of the statutes is amended to read:
SB666,42,2423
111.06
(2) (i) To fail to give the notice of intention to engage in a strike provided
24in s. 111.115
(2) or (3).
SB666,95
25Section
95. 111.115 (title) of the statutes is amended to read:
SB666,43,1
1111.115 (title)
Notice of certain proposed lockouts or strikes.
SB666,96
2Section
96. 111.115 (1) of the statutes is renumbered 111.115 (1) (intro.) and
3amended to read:
SB666,43,44
111.115
(1) (intro.) In this
section, "strike" subsection:
SB666,43,8
5(b) "Strike" includes any concerted stoppage of work by employees,
and any
6concerted slowdown or other concerted interruption of operations or services by
7employees, or any concerted refusal of employees to work or perform their usual
8duties as employees, for the purpose of enforcing demands upon an employer.
SB666,97
9Section
97. 111.115 (1) (a) of the statutes is created to read:
SB666,43,1510
111.115
(1) (a) "Lockout" means the barring of any employee from employment
11in an establishment by an employer as a part of a labor dispute, which is not directly
12subsequent to a strike or other job action of a labor organization or group of
13employees of the employer, or which continues or occurs after the termination of a
14strike or other job action of a labor organization or group of employees of the
15employer.
SB666,98
16Section
98. 111.115 (2) of the statutes is created to read:
SB666,43,2417
111.115
(2) If no collective bargaining agreement is in effect between the
18University of Wisconsin Hospitals and Clinics Authority and the recognized or
19certified representative of employees of that authority in a collective bargaining unit,
20the employer may not engage in a lockout affecting employees in that collective
21bargaining unit without first giving 10 days' written notice to the representative of
22its intention to engage in a lockout, and the representative may not engage in a strike
23without first giving 10 days' written notice to the employer of its intention to engage
24in a strike.
SB666,99
1Section
99. 111.17 of the statutes is renumbered 111.17 (intro.) and amended
2to read:
SB666,44,5
3111.17 Conflict of provisions; effect. (intro.) Wherever the application of
4the provisions of other statutes or laws conflict with the application of the provisions
5of this subchapter, this subchapter shall prevail, except
that in for the following:
SB666,44,7
6(1) In any situation
where in which the provisions of this subchapter cannot
7be validly enforced the provisions of such other statutes or laws
shall apply.
SB666,100
8Section
100. 111.17 (2) of the statutes is created to read:
SB666,44,199
111.17
(2) All fringe benefits authorized or required to be provided by the
10University of Wisconsin Hospitals and Clinics Authority to its employees under ch.
1140 are governed exclusively by ch. 40, except that if any provision of ch. 40 specifically
12permits a collective bargaining agreement under this subchapter to govern the
13eligibility for or the application, cost, or terms of a fringe benefit under ch. 40, or
14provides that the eligibility for or the application, cost, or terms of a fringe benefit
15under ch. 40 is governed by a collective bargaining agreement under this subchapter,
16such a provision in a collective bargaining agreement supersedes any provision of ch.
1740 with respect to the employees to whom the agreement applies. The employer is
18prohibited from engaging in collective bargaining concerning any matter governed
19exclusively by ch. 40 under this subsection.
SB666,101
20Section
101. 111.70 (1) (a) of the statutes is amended to read:
SB666,45,1021
111.70
(1) (a) "Collective bargaining" means the performance of the mutual
22obligation of a municipal employer, through its officers and agents, and the
23representative of its municipal employees in a collective bargaining unit, to meet and
24confer at reasonable times, in good faith, with the intention of reaching an
25agreement, or to resolve questions arising under such an agreement, with respect to
1wages, hours, and conditions of employment
for public safety employees or transit
2employees and with respect to wages for general municipal employees, and with
3respect to a requirement of the municipal employer for a municipal employee to
4perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13
5(2e)
and for a school district with respect to any matter under sub. (4) (n), except as
6provided in
sub. subs. (3m), (3p), and (4)
(mb) (m) and (mc) and s. 40.81 (3) and except
7that a municipal employer shall not meet and confer with respect to any proposal to
8diminish or abridge the rights guaranteed to any
public safety municipal employees
9under ch. 164. Collective bargaining includes the reduction of any agreement
10reached to a written and signed document.
SB666,102
11Section
102. 111.70 (1) (cm) of the statutes is repealed.
SB666,103
12Section
103. 111.70 (1) (f) of the statutes is amended to read:
SB666,45,1813
111.70
(1) (f) "Fair-share agreement" means an agreement between a
14municipal employer and a labor organization
that represents public safety
15employees or transit employees under which all or any of the
public safety municipal 16employees
or transit employees in the collective bargaining unit are required to pay
17their proportionate share of the cost of the collective bargaining process and contract
18administration measured by the amount of dues uniformly required of all members.