AB977: Bill Text

AB977,34,14 (1) Establish and maintain a registry of eligible home care providers who choose to be on the registry for purposes of employment by consumers and provide referral services for consumers in need of home care services.

AB977,34,22 (2) Determine the eligibility of individuals for placement on the registry. For purposes of determining eligibility, the authority shall apply the criteria described in s. 46.2898 (1) (f), including any qualifying criteria established by the department under s. 46.2898 (7). The authority shall also develop an appeal process for denial of placement on or removal of a provider from the registry consistent with the terms of the medical assistance waiver programs, the Family Care Program, an amendment to the state medical assistance plan under 42 USC 1396n (j), or the Program of All-Inclusive Care for the Elderly, as determined by the department.

AB977,35,2 (3) Comply with any conditions necessary for consumers receiving home care services to receive federal medical assistance funding through a medical assistance waiver program, the Family Care Program, an amendment to the state medical assistance plan under 42 USC 1396n (j), or the Program of All-Inclusive Care for the Elderly.

AB977,35,5 (4) Develop and operate recruitment and retention programs to expand the pool of home care providers qualified and available to provide home care services to consumers.

AB977,35,8 (5) Maintain a list of home care providers included in a collective bargaining unit under s. 111.825 (2g) and provide the list of home care providers to the department at the department's request.

AB977,35,11 (6) Notify home care providers providing home care services of any procedures for remaining a qualified provider under s. 46.2898 (1) (f) set forth by the department or the authority.

AB977,35,12 (7) Provide orientation activities and skills training for home care providers.

AB977,35,15 (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.

AB977,35,18 (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.

AB977,35,20 (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.

AB977,35,23 (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.

AB977,35,25 (12) Conduct activities to improve the supply and quality of home care providers.

AB977,36,4 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.

AB977,36,6 (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.

AB977,36,9 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.

AB977,69 Section 69 . 59.875 (2) (a) of the statutes is renumbered 59.875 (2) and amended to read:

AB977,36,17 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.

AB977,70 Section 70 . 59.875 (2) (b) of the statutes is repealed.

AB977,71 Section 71 . 62.623 (1) of the statutes is renumbered 62.623 and amended to read:

AB977,37,2 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.

AB977,72 Section 72 . 62.623 (2) of the statutes is repealed.

AB977,73 Section 73 . 66.0506 of the statutes is repealed.

AB977,74 Section 74 . 66.0508 of the statutes is repealed.

AB977,75 Section 75 . 66.0509 (1m) of the statutes is repealed.

AB977,76 Section 76. 70.11 (41s) of the statutes is created to read:

AB977,37,10 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.

AB977,77 Section 77 . 71.26 (1) (be) of the statutes is amended to read:

AB977,37,15 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.

AB977,78 Section 78 . 73.03 (68) of the statutes is repealed.

AB977,79 Section 79 . 77.54 (9a) (a) of the statutes is amended to read:

AB977,37,21 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.

AB977,80 Section 80 . 100.45 (1) (dm) of the statutes is amended to read:

AB977,38,7 100.45 (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.

AB977,81 Section 81 . 109.03 (1) (b) of the statutes is amended to read:

AB977,38,13 109.03 (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.

AB977,82 Section 82 . 111.02 (2) of the statutes is amended to read:

AB977,38,20 111.02 (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.

AB977,83 Section 83 . 111.02 (3) of the statutes is amended to read:

AB977,39,11 111.02 (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 this subchapter, 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 is subject to all rights by termination or modification given by this subchapter in reference to collective bargaining units otherwise established under this subchapter. 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.

AB977,84 Section 84. 111.02 (6) (am) of the statutes is created to read:

AB977,39,16 111.02 (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.

AB977,85 Section 85 . 111.02 (7) (a) of the statutes is renumbered 111.02 (7) (a) (intro.) and amended to read:

AB977,39,20 111.02 (7) (a) (intro.) “Employer" means a person who engages the services of an employee, and includes a all of the following:

AB977,39,22 1. A person acting on behalf of an employer within the scope of his or her authority, express or implied.

AB977,86 Section 86 . 111.02 (7) (a) 2., 3. and 4. of the statutes are created to read:

AB977,39,24 111.02 (7) (a) 2. The University of Wisconsin Hospitals and Clinics Authority.

AB977,39,25 3. A local cultural arts district created under subch. V of ch. 229.

AB977,40,3 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).

AB977,87 Section 87 . 111.02 (7) (b) 1. of the statutes is amended to read:

AB977,40,6 111.02 (7) (b) 1. The Except as provided in par. (a) 4., the state or any political subdivision thereof.

AB977,88 Section 88 . 111.05 (2) of the statutes is amended to read:

AB977,40,13 111.05 (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.

AB977,89 Section 89. 111.05 (5) of the statutes is created to read:

AB977,40,17 111.05 (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:

AB977,40,18 1. Fiscal and staff services.

AB977,40,19 2. Patient care.

AB977,40,20 3. Science.

AB977,40,21 4. Clerical and related.

AB977,40,22 5. Blue collar and nonbuilding trades.

AB977,40,23 6. Building trades crafts.

AB977,40,24 7. Security and public safety.

AB977,40,25 8. Technical.

AB977,41,9 (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.

AB977,90 Section 90. 111.05 (6) of the statutes is created to read:

AB977,41,20 111.05 (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.

AB977,91 Section 91. 111.05 (7) of the statutes is created to read:

AB977,41,23 111.05 (7) Employees under s. 111.02 (6) (am) shall comprise a single collective bargaining unit.

AB977,92 Section 92 . 111.06 (1) (d) of the statutes is amended to read:

AB977,42,8 111.06 (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.

AB977,93 Section 93. 111.06 (1) (m) of the statutes is created to read:

AB977,42,11 111.06 (1) (m) To fail to give the notice of intention to engage in a lockout provided in s. 111.115 (2).

AB977,94 Section 94 . 111.06 (2) (i) of the statutes is amended to read:

AB977,42,14 111.06 (2) (i) To fail to give the notice of intention to engage in a strike provided in s. 111.115 (2) or (3).

AB977,95 Section 95 . 111.115 (title) of the statutes is amended to read:

AB977,42,16 111.115 (title) Notice of certain proposed lockouts or strikes.

AB977,96 Section 96 . 111.115 (1) of the statutes is renumbered 111.115 (1) (intro.) and amended to read:

AB977,42,19 111.115 (1) (intro.) In this section, “strike":

AB977,42,23 (b) “Strike" includes any concerted stoppage of work by employees, and any concerted slowdown or other concerted interruption of operations or services by employees, or any concerted refusal of employees to work or perform their usual duties as employees, for the purpose of enforcing demands upon an employer.

AB977,97 Section 97. 111.115 (1) (a) of the statutes is created to read:

AB977,43,6 111.115 (1) (a) “Lockout" means the barring of any employee from employment in an establishment by an employer as a part of a labor dispute, which is not directly subsequent to a strike or other job action of a labor organization or group of employees of the employer, or which continues or occurs after the termination of a strike or other job action of a labor organization or group of employees of the employer.

AB977,98 Section 98. 111.115 (2) of the statutes is created to read:

AB977,43,15 111.115 (2) If no collective bargaining agreement is in effect between the University of Wisconsin Hospitals and Clinics Authority and the recognized or certified representative of employees of that authority in a collective bargaining unit, the employer may not engage in a lockout affecting employees in that collective bargaining unit without first giving 10 days' written notice to the representative of its intention to engage in a lockout, and the representative may not engage in a strike without first giving 10 days' written notice to the employer of its intention to engage in a strike.

AB977,99 Section 99 . 111.17 of the statutes is renumbered 111.17 (intro.) and amended to read:

AB977,43,20 111.17 Conflict of provisions; effect. (intro.) Wherever the application of the provisions of other statutes or laws conflict with the application of the provisions of this subchapter, this subchapter shall prevail, except that in for the following:

AB977,43,22 (1) In any situation where in which the provisions of this subchapter cannot be validly enforced the provisions of such other statutes or laws shall apply.

AB977,100 Section 100. 111.17 (2) of the statutes is created to read:

AB977,44,9 111.17 (2) All fringe benefits authorized or required to be provided by the University of Wisconsin Hospitals and Clinics Authority to its employees under ch. 40 are governed exclusively by ch. 40, except that if any provision of ch. 40 specifically permits a collective bargaining agreement under this subchapter to govern the eligibility for or the application, cost, or terms of a fringe benefit under ch. 40, or provides that the eligibility for or the application, cost, or terms of a fringe benefit under ch. 40 is governed by a collective bargaining agreement under this subchapter, such a provision in a collective bargaining agreement supersedes any provision of ch. 40 with respect to the employees to whom the agreement applies. The employer is prohibited from engaging in collective bargaining concerning any matter governed exclusively by ch. 40 under this subsection.

AB977,101 Section 101 . 111.70 (1) (a) of the statutes is amended to read:

AB977,44,25 111.70 (1) (a) “Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours, and conditions of employment for public safety employees or transit employees and with respect to wages for general municipal employees, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13 (2e) and for a school district with respect to any matter under sub. (4) (n), except as provided in sub. subs. (3m), (3p), and (4) (mb) (m) and (mc) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to any public safety municipal employees under ch. 164. Collective bargaining includes the reduction of any agreement reached to a written and signed document.