AB272: Bill Text

AB272,14,4 111.70 (4) (cm) 6. am. Upon receipt of a petition to initiate arbitration, the commission shall make an investigation, with or without a formal hearing, to determine whether arbitration should be commenced. If in determining whether an impasse exists the commission finds that the procedures set forth in this paragraph have not been complied with and such compliance would tend to result in a settlement, it may order such compliance before ordering arbitration. The validity of any arbitration award or collective bargaining agreement shall not be affected by failure to comply with such procedures. Prior to the close of the investigation each party shall submit in writing to the commission its single final offer containing its final proposals on all issues in dispute that are subject to interest arbitration under this subdivision or under subd. 5s. in collective bargaining units to which subd. 5s. applies. If a party fails to submit a single, ultimate final offer, the commission shall close the investigation based on the last written position of the party. The municipal employer may not submit a qualified economic offer under subd. 5s. after the close of the investigation. Such final offers may include only mandatory subjects of bargaining, except that a permissive subject of bargaining may be included by a party if the other party does not object and shall then be treated as a mandatory subject. No later than such time, the parties shall also submit to the commission a stipulation, in writing, with respect to all matters which are agreed upon for inclusion in the new or amended collective bargaining agreement. The commission, after receiving a report from its investigator and determining that arbitration should be commenced, shall issue an order requiring arbitration and immediately submit to the parties a list of 7 arbitrators. Upon receipt of such list, the parties shall alternately strike names until a single name is left, who shall be appointed as arbitrator. The petitioning party shall notify the commission in writing of the identity of the arbitrator selected. Upon receipt of such notice, the commission shall formally appoint the arbitrator and submit to him or her the final offers of the parties. The final offers shall be considered public documents and shall be available from the commission. In lieu of a single arbitrator and upon request of both parties, the commission shall appoint a tripartite arbitration panel consisting of one member selected by each of the parties and a neutral person designated by the commission who shall serve as a chairperson. An arbitration panel has the same powers and duties as provided in this section for any other appointed arbitrator, and all arbitration decisions by such panel shall be determined by majority vote. In lieu of selection of the arbitrator by the parties and upon request of both parties, the commission shall establish a procedure for randomly selecting names of arbitrators. Under the procedure, the commission shall submit a list of 7 arbitrators to the parties. Each party shall strike one name from the list. From the remaining 5 names, the commission shall randomly appoint an arbitrator. Unless both parties to an arbitration proceeding otherwise agree in writing, every individual whose name is submitted by the commission for appointment as an arbitrator shall be a resident of this state at the time of submission and every individual who is designated as an arbitration panel chairperson shall be a resident of this state at the time of designation.

AB272, s. 24 Section 24. 111.70 (4) (cm) 7. of the statutes is repealed.

AB272, s. 25 Section 25. 111.70 (4) (cm) 7g. of the statutes is repealed.

AB272, s. 26 Section 26. 111.70 (4) (cm) 7r. (intro.) of the statutes is amended to read:

AB272,14,10 111.70 (4) (cm) 7r. `Other factors Factors considered.' (intro.) In making any decision under the arbitration procedures authorized by this paragraph, the arbitrator or arbitration panel shall also give weight to the following factors:

AB272, s. 27 Section 27. 111.70 (4) (cm) 8m. a. and c. of the statutes are consolidated, renumbered 111.70 (4) (cm) 8m. and amended to read:

AB272,15,2 111.70 (4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for the initial collective bargaining agreement between the parties and except as the parties otherwise agree, every collective bargaining agreement covering municipal employees subject to this paragraph other than school district professional employees shall be for a term of 2 years. No, but in no case may a collective bargaining agreement for any collective bargaining unit consisting of municipal employees subject to this paragraph other than school district professional employees shall be for a term exceeding 3 years. c. No arbitration award may contain a provision for reopening of negotiations during the term of a collective bargaining agreement, unless both parties agree to such a provision. The requirement for agreement by both parties does not apply to a provision for reopening of negotiations with respect to any portion of an agreement that is declared invalid by a court or administrative agency or rendered invalid by the enactment of a law or promulgation of a federal regulation.

AB272, s. 28 Section 28. 111.70 (4) (cm) 8m. b. of the statutes is repealed.

AB272, s. 29 Section 29. 111.70 (4) (cm) 8p. of the statutes is repealed.

AB272, s. 30 Section 30. 111.70 (4) (cm) 8s. of the statutes is amended to read:

AB272,16,2 111.70 (4) (cm) 8s. `Forms for determining costs.' The commission shall prescribe forms for calculating the total increased cost to the municipal employer of compensation and fringe benefits provided to school district professional employees. The cost shall be determined based upon the total cost of compensation and fringe benefits provided to school district professional employees who are represented by a labor organization on the 90th day before expiration of any previous collective bargaining agreement between the parties, or who were so represented if the effective date is retroactive, or the 90th day prior to commencement of negotiations if there is no previous collective bargaining agreement between the parties, without regard to any change in the number, rank, or qualifications of the school district professional employees. For purposes of such determinations, any cost increase that is incurred on any day other than the beginning of the 12-month period commencing with the effective date of the agreement or any succeeding 12-month period commencing on the anniversary of that effective date shall be calculated as if the cost increase were incurred as of the beginning of the 12-month period beginning on the effective date or anniversary of the effective date in which the cost increase is incurred. In each collective bargaining unit to which subd. 5s. applies, the municipal employer shall transmit to the commission and the labor organization a completed form for calculating the total increased cost to the municipal employer of compensation and fringe benefits provided to the school district professional employees covered by the agreement as soon as possible after the effective date of the agreement.

AB272, s. 31 Section 31. 111.70 (4) (cn) of the statutes is repealed.

AB272, s. 32 Section 32. 111.70 (4) (d) 2. a. of the statutes is amended to read:

AB272,17,8 111.70 (4) (d) 2. a. The commission shall determine the appropriate collective bargaining unit for the purpose of collective bargaining and shall whenever possible, unless otherwise required under this subchapter, avoid fragmentation by maintaining as few collective bargaining units as practicable in keeping with the size of the total municipal work force. In making such a determination, the commission may decide whether, in a particular case, the municipal employees in the same or several departments, divisions, institutions, crafts, professions, or other occupational groupings constitute a collective bargaining unit. Before making its determination, the commission may provide an opportunity for the municipal employees concerned to determine, by secret ballot, whether or not they desire to be established as a separate collective bargaining unit. The commission shall not decide, however, that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both municipal employees who are school district professional employees and municipal employees who are not school district professional employees. The commission shall not decide , however, that any other group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both professional employees and nonprofessional employees, unless a majority of the professional employees vote for inclusion in the unit. The commission shall not decide that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both craft employees and noncraft employees unless a majority of the craft employees vote for inclusion in the unit. The commission shall place the professional employees who are assigned to perform any services at a charter school, as defined in s. 115.001 (1), in a separate collective bargaining unit from a unit that includes any other professional employees whenever at least 30% of those professional employees request an election to be held to determine that issue and a majority of the professional employees at the charter school who cast votes in the election decide to be represented in a separate collective bargaining unit. Any vote taken under this subsection shall be by secret ballot.

AB272, s. 33 Section 33. 115.34 (3) of the statutes is created to read:

AB272,17,11 115.34 (3) The department may not make any payments under this section after June 30, 2004.

AB272, s. 34 Section 34. 115.341 (3) of the statutes is created to read:

AB272,17,14 115.341 (3) The department may not make any payments under this section after June 30, 2004.

AB272, s. 35 Section 35. 115.343 (6) of the statutes is created to read:

AB272,17,17 115.343 (6) The department may not make any payments under this section after June 30, 2004.

AB272, s. 36 Section 36. 115.345 (10) of the statutes is created to read:

AB272,17,20 115.345 (10) The department may not make any payments under this section after June 30, 2004.

AB272, s. 37 Section 37. 115.36 (4) of the statutes is created to read:

AB272,17,23 115.36 (4) The department may not make any payments under this section after June 30, 2004.

AB272, s. 38 Section 38. 115.361 (3) of the statutes is created to read:

AB272,18,2 115.361 (3) The department may not make any payments under this section after June 30, 2004.

AB272, s. 39 Section 39. 115.366 (3) of the statutes is created to read:

AB272,18,5 115.366 (3) The department may not make any payments under this section after June 30, 2004.

AB272, s. 40 Section 40. 115.405 (4) of the statutes is created to read:

AB272,18,8 115.405 (4) The department may not make any payments under this section after June 30, 2004.

AB272, s. 41 Section 41. 115.42 (5) of the statutes is created to read:

AB272,18,11 115.42 (5) The department may not make any payments under this section after June 30, 2004.

AB272, s. 42 Section 42. 115.43 (3) of the statutes is created to read:

AB272,18,14 115.43 (3) Termination of scholarships. The department may not make any payments under this section after June 30, 2004.

AB272, s. 43 Section 43. 115.435 (4) of the statutes is created to read:

AB272,18,17 115.435 (4) The department may not make any payments under this section after June 30, 2004.

AB272, s. 44 Section 44. 115.45 (11) of the statutes is created to read:

AB272,18,20 115.45 (11) The department may not make any payments under this section after June 30, 2004.

AB272, s. 45 Section 45. 115.75 (4) of the statutes is created to read:

AB272,18,23 115.75 (4) The department may not make any payments under this section after June 30, 2004.

AB272, s. 46 Section 46. 115.88 (10) of the statutes is created to read:

AB272,19,2 115.88 (10) Termination of state aid. The department may not make any payments under this section after June 30, 2004.

AB272, s. 47 Section 47. 115.93 of the statutes is amended to read:

AB272,19,13 115.93 State aid. If upon receipt of the reports under s. 115.92 (2) the state superintendent is satisfied that the school age parents program has been maintained during the preceding school year in accordance with the rules under s. 115.92 (3), the state superintendent shall certify to the department of administration in favor of each school district maintaining the program a sum equal to the amount expended by the school district during the preceding school year for salaries of teachers and instructional aides, special transportation and other expenses approved by the state superintendent as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b). The department may not make any payments under this section after June 30, 2004.

AB272, s. 48 Section 48. 115.995 (3) of the statutes is created to read:

AB272,19,16 115.995 (3) The department may not make any payments under this section after June 30, 2004.

AB272, s. 49 Section 49. 116.08 (6) of the statutes is created to read:

AB272,19,19 116.08 (6) The department may not make any payments under this section after June 30, 2004.

AB272, s. 50 Section 50. 118.153 (8) of the statutes is created to read:

AB272,19,22 118.153 (8) The department may not make any payments under this section after June 30, 2004.

AB272, s. 51 Section 51. 118.255 (4) of the statutes is amended to read:

AB272,20,9 118.255 (4) If the state superintendent is satisfied that the health treatment services program has been maintained during the preceding school year in accordance with law, the state superintendent shall certify to the department of administration in favor of each school board, cooperative educational service agency and county children with disabilities education board maintaining such health treatment services, an amount equal to the amount expended for items listed in s. 115.88 (1m) by the school board, cooperative educational service agency and county children with disabilities education board during the preceding year for these health treatment services as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b). The department may not make any payments under this subsection after June 30, 2004.

AB272, s. 52 Section 52. 118.40 (2r) (e) 1. of the statutes is amended to read:

AB272,20,19 118.40 (2r) (e) 1. From the appropriation under s. 20.255 (2) (fm), the department shall pay to the operator of the charter school an amount equal to the sum of the amount paid per pupil under this subdivision in the previous school year and the amount of revenue increase per pupil that would be allowed under subch. VII of ch. 121 in the current school year if subch. VII of ch. 121 were still applicable, multiplied by the number of pupils attending the charter school. The department shall pay 25% of the total amount in September, 25% in December, 25% in February, and 25% in June. The department shall send the check to the operator of the charter school.

AB272, s. 53 Section 53. 118.43 (9) of the statutes is created to read:

AB272,20,22 118.43 (9) Termination of state aid. The department may not make any payments under this section after June 30, 2004.

AB272, s. 54 Section 54. 118.51 (16) (b) of the statutes is amended to read:

AB272,21,2 118.51 (16) (b) 1. If the number determined in par. (a) 1. is greater than the number determined in par. (a) 2. for a school district, the department shall increase that school district's state aid payment under s. 121.08 121.085 by an amount equal to the difference multiplied by the amount determined under par. (a) 3.

AB272,21,12 2. If the number determined in par. (a) 1. is less than the number determined in par. (a) 2. for a school district, the department shall decrease that school district's state aid payment under s. 121.08 121.085 by an amount equal to the difference multiplied by the amount determined under par. (a) 3. If the state aid payment under s. 121.08 121.085 is insufficient to cover the reduction, the department shall decrease other state aid payments made by the department to the school district by the remaining amount. If the state aid payment under s. 121.08 121.085 and other state aid payments made by the department to the school district are insufficient to cover the reduction, the department shall use the moneys appropriated under s. 20.255 (2) (cg) to pay the balance to school districts under subd. 1.

AB272, s. 55 Section 55. 118.51 (16) (d) of the statutes is amended to read:

AB272,21,16 118.51 (16) (d) The department shall ensure that the aid adjustment under par. (b) does not affect the amount determined to be received by a school district as state aid under s. 121.08 121.085 for any other purpose.

AB272, s. 56 Section 56. 119.23 (4) (b) 2. of the statutes is amended to read:

AB272,21,21 119.23 (4) (b) 2. The sum of the amount paid per pupil under this subsection in the previous school year and the amount of revenue increase per pupil that would be allowed under subch. VII of ch. 121 in the current school year if subch. VII of ch. 121 were still applicable.

AB272, s. 57 Section 57. 119.82 (5) of the statutes is amended to read:

AB272,21,24 119.82 (5) The board shall use aid received under s. 121.08 121.085 to continue funding for children participating in a program under this section.

AB272, s. 58 Section 58. 120.145 of the statutes is created to read:

AB272,22,3 120.145 School tax levy. (1) Notwithstanding ss. 119.46, 120.10 (6) to (8), (10m), and (11), and 120.12 (3), beginning in 2004, a school board may not levy a tax at a rate that exceeds 3 mills except as follows:

AB272,22,6 (a) The levy rate may exceed 3 mills for the purpose of paying the principal and interest on debt outstanding on the effective date of this paragraph .... [revisor inserts date].

AB272,22,9 (b) The levy rate may exceed 3 mills if the department approves a higher levy rate for the school district. The department may approve a higher levy rate only for emergencies, as defined by the department by rule.

AB272,22,11 (2) The school board may not use revenue from the tax levy to fund employee salaries or benefits.

AB272, s. 59 Section 59. 121.08 (1) (intro.) of the statutes is amended to read:

AB272,22,14 121.08 (1) (intro.) The In the 2002-03 school year and the 2003-04 school year, the state shall pay to the school district the sum of the following amounts:

AB272, s. 60 Section 60. 121.08 (4) (a) (intro.), 2., 3. and (b) of the statutes are amended to read:

AB272,22,19 121.08 (4) (a) (intro.) The amount of state aid that a school district is eligible to be paid from the appropriation under s. 20.255 (2) (ac) (t) shall be reduced by the amount determined as follows:

AB272,22,22 2. Divide the sum under subd. 1. by the total amount of state aid that all school districts are eligible to be paid from the appropriation under s. 20.255 (2) (ac) (t), calculated as if the reduction under par. (b) had not occurred.

AB272,22,25 3. Multiply the amount of state aid that the school district is eligible to be paid from the appropriation under s. 20.255 (2) (ac) (t), calculated as if the reduction under par. (b) had not occurred, by the quotient under subd. 2.

AB272,23,4 (b) The amount of state aid that the school district operating under ch. 119 is eligible to be paid from the appropriation under s. 20.255 (2) (ac) (t) shall also be reduced by 45% of the amounts paid under s. 119.23 (4) and (4m) in the current school year.

AB272, s. 61 Section 61. 121.085 of the statutes is created to read:

AB272,23,6 121.085 School aid. (1) In this section:

AB272,23,8 (a) "Average membership" means the average membership of the 3 school years out of the 5 preceding school years that have the highest membership.

AB272,23,12 (b) "Educational cost" means the total cost of instruction and instructional support services that is attributable to pupils who reside in the school district, less transportation costs, facility acquisition costs, food and community service costs, and costs funded by any grant other than a state grant, as determined by the department.

AB272,23,15 (c) "Rate of increase" means the percentage rate that, when applied annually for 20 years, results in an aid payment in the 2023-24 school year of $19,000 per pupil under sub. (2).

AB272,23,18 (2) (a) In the 2004-05 school year, the department shall pay to each school district, from the appropriation under s. 20.255 (2) (t), the amount determined as follows:

AB272,23,22 1. Divide the educational cost in the previous school year by the membership in the 2003-04 school year, except that if the membership in the 2003-04 school year is less than the membership in the 2002-03 school year, divide the educational cost in the previous school year by the average membership.

AB272,23,24 2. Multiply the quotient under subd. 1. by the sum of 1.0 plus the rate of increase expressed as a decimal.

AB272,24,4 3. Multiply the product under subd. 2. by the membership in the 2003-04 school year, except that if the membership in the 2003-04 school year is less than the membership in the 2002-03 school year, multiplying the product under subd. 2. by the average membership.

AB272,24,7 (b) Beginning in the 2005-06 school year and ending in the 2023-24 school year, the department shall pay to each school district, from the appropriation under s. 20.255 (2) (t), the amount determined as follows:

AB272,24,10 1. Divide the amount received under this subsection in the previous school year by the membership or average membership used to determine aid under this subsection in the previous school year.

AB272,24,12 2. Multiply the quotient under subd. 1. by the sum of 1.0 plus the rate of increase expressed as a decimal.