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LRB-0352LRB-0352/4
CMH:wlj:rs
2005 - 2006 LEGISLATURE
DOA:......Ziegler, BB0219 - Repeal qualified economic offer
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: qualified economic offers under the Municipal Employment Relations Act.
Analysis by the Legislative Reference Bureau
employment
Under current law, in local government employment other than law enforcement and fire fighting employment, if a dispute relating to the terms of a proposed collective bargaining agreement has not been settled after a reasonable period of negotiation and after mediation by the Wisconsin Employment Relations Commission (WERC), either party, or the parties jointly, may petition WERC to initiate compulsory, final, and binding arbitration with respect to any dispute relating to wages, hours, and conditions of employment. If WERC determines, after investigation, that an impasse exists and that arbitration is required, WERC must submit to the parties a list of seven arbitrators, from which the parties alternately strike names until one arbitrator is left. As an alternative to a single arbitrator, WERC may provide for an arbitration panel that consists of one person selected by each party and one person selected by WERC. As a further alternative, WERC may also provide a process that allows for a random selection of a single arbitrator from a list of seven names submitted by WERC. Under current law, an arbitrator or arbitration panel must adopt the final offer of one of the parties on all disputed issues, which is then incorporated into the collective bargaining agreement.
Under current law, however, this process does not apply to a dispute over economic issues involving a collective bargaining unit consisting of school district professional employees if WERC determines, subsequent to an investigation, that the employer has submitted a qualified economic offer (QEO). Under current law, a QEO consists of a proposal to maintain the percentage contribution by the employer to the employees' existing fringe benefit costs and the employees' existing fringe benefits and to provide for an annual average salary increase having a cost to the employer at least equal to 2.1 percent of the existing total compensation and fringe benefit costs for the employees in the collective bargaining unit plus any fringe benefit savings. Fringe benefit savings is that amount, if any, by which 1.7 percent of the total compensation and fringe benefit costs for all municipal employees in a collective bargaining unit for any 12-month period covered by a proposed collective bargaining agreement exceeds the increased cost required to maintain the percentage contribution by the municipal employer to the municipal employees' existing fringe benefit costs and to maintain all fringe benefits provided to the municipal employees.
This bill eliminates the QEO exception from the compulsory, final, and binding arbitration process.
Under current law, school district professional employees are required to be placed in a collective bargaining unit that is separate from the units of other school district employees. This bill eliminates this requirement.
Finally, the bill eliminates a 3.8 percent cap imposed on salary and fringe benefit annual cost increases for all nonrepresented professional school district employees.
For further information see the state and local 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. 111.70 (1) (b) of the statutes is amended to read:
111.70 (1) (b) "Collective bargaining unit" means a the unit consisting of municipal employees who are school district professional employees or of municipal employees who are not school district professional employees that is determined by the commission to be appropriate for the purpose of collective bargaining.
SECTION 2. 111.70 (1) (dm) of the statutes is repealed.
SECTION 3. 111.70 (1) (fm) of the statutes is repealed.
SECTION 4. 111.70 (1) (nc) of the statutes is repealed.
SECTION 5. 111.70 (4) (cm) 5s. of the statutes is repealed.
SECTION 6. 111.70 (4) (cm) 6. a. of the statutes is amended to read:
111.70 (4) (cm) 6. a. If in any collective bargaining unit a dispute relating to one or more issues, qualifying for interest arbitration under subd. 5s. in a collective bargaining unit to which subd. 5s. applies, has not been settled after a reasonable period of negotiation and after mediation by the commission under subd. 3. and other settlement procedures, if any, established by the parties have been exhausted, and the parties are deadlocked with respect to any dispute between them over wages, hours and conditions of employment to be included in a new collective bargaining agreement, either party, or the parties jointly, may petition the commission, in writing, to initiate compulsory, final and binding arbitration, as provided in this paragraph. At the time the petition is filed, the petitioning party shall submit in writing to the other party and the commission its preliminary final offer containing its latest proposals on all issues in dispute. Within 14 calendar days after the date of that submission, the other party shall submit in writing its preliminary final offer on all disputed issues to the petitioning party and the commission. If a petition is filed jointly, both parties shall exchange their preliminary final offers in writing and submit copies to the commission at the time the petition is filed.
SECTION 7. 111.70 (4) (cm) 6. am. of the statutes is amended to read:
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.
SECTION 8. 111.70 (4) (cm) 8m. a. and c. of the statutes are consolidated, renumbered 111.70 (4) (cm) 8m. and amended to read:
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, and except as provided in par. (cn), 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.
SECTION 9. 111.70 (4) (cm) 8m. b. of the statutes is repealed.
SECTION 10. 111.70 (4) (cm) 8p. of the statutes is repealed.
SECTION 11. 111.70 (4) (cm) 8s. of the statutes is repealed.
SECTION 12. 111.70 (4) (d) 2. a. of the statutes is amended to read:
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.
SECTION 13. 118.245 of the statutes is repealed.
SECTION 14. 119.04 (1) of the statutes is amended to read:
119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (26), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35) and (37), 120.14 and 120.25 are applicable to a 1st class city school district and board.
SECTION 9315. Initial applicability; employment relations commission.
(1) QUALIFIED ECONOMIC OFFERS. The treatment of section 111.70 (1) (b), (dm), (fm), and (nc) and (4) (cm) 5s., 6. a. and am., 8m. a., b., and c., 8p., and 8s. and (d) 2. a. of the statutes first applies to petitions for arbitration that relate to collective bargaining agreements that cover periods beginning on or after July 1, 2005, and that are filed under section 111.70 (4) (cm) 6. of the statutes, as affected by this act, on the effective date of this subsection.
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LRB-0355LRB-0355/2
MGG:wlj:ch
2005 - 2006 LEGISLATURE
DOA:......Statz, BB0125 - Service registration fees for boats, all-terrain vehicles, and snowmobiles
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
natural resources
Recreation
Under current law, DNR administers the registration system for all-terrain vehicles (ATVs), boats, and snowmobiles. Current law authorizes DNR to appoint agents, who are not DNR employees, to issue all-terrain vehicle and snowmobile registration certificates, and certificates of number and registration certificates for boats. Under current law, DNR may implement both a noncomputerized procedure and a computerized procedure for issuing original and duplicate registration documents and for transferring and renewing these documents. Under either procedure, DNR or its agents issue adequate documentation so that the registrant is immediately able to operate the ATV, boat, or snowmobile in compliance with the applicable registration laws. Under the noncomputerized procedure, agents collect a service fee of $3 from the registrant; there is no service fee if the application is submitted directly to DNR. Under the computerized procedure, both agents and DNR collect the $3 service fee; and if the $3 fee is collected by an agent, the agent sends $1 of the fee to DNR.
For all three types of registration, this bill eliminates the computerized and noncomputerized procedures as separate procedures. Instead, for ATV and snowmobile registration, the bill allows DNR to implement two procedures, one under which the applicant is issued a validated receipt showing the registration of the vehicle at the time of application, and another procedure under which the applicant receives, in addition to the receipt, a least one decal that can be immediately placed on the vehicle. For an application submitted directly to DNR, there is no fee for receiving just the receipt, and the fee for the receipt plus a decal is $5. For an application submitted to an agent, the fee for just the receipt is $3. The fee for a receipt and a decal is $5 with the agent sending $1 of the $5 to DNR.
For boat registration, the bill allows DNR to implement the procedure under which the applicant receives a receipt and at least one decal that can be immediately placed on the boat. The fee for this type of registration is $5, with the agent sending $1 of the $5 to DNR.
For further information see the state and local 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. 23.33 (2) (i) 1. of the statutes is amended to read:
23.33 (2) (i) 1. Directly issue, transfer, or renew the registration documentation with or without using the expedited service specified in par. (ig) 1.
SECTION 2. 23.33 (2) (i) 3. of the statutes is amended to read:
23.33 (2) (i) 3. Appoint persons who are not employees of the department as agents of the department to issue, transfer, or renew the registration documentation using either or both of the expedited services specified in par. (ig) 1.
SECTION 3. 23.33 (2) (ig) 1. (intro.) of the statutes is amended to read:
23.33 (2) (ig) 1. (intro.) For the issuance of original or duplicate registration documentation and for the transfer or renewal of registration documentation, the department may implement either or both of the following expedited procedures to be provided by the department and any agents appointed under par. (i) 3.:
SECTION 4. 23.33 (2) (ig) 1. a. of the statutes is amended to read:
23.33 (2) (ig) 1. a. A noncomputerized procedure under which the department or an agent may accept appointed under par. (i) 3. accepts applications for registration certificates documentation and issue a validated registration receipt at the time the applicant submits the application accompanied by the required fees.
SECTION 5. 23.33 (2) (ig) 1. b. of the statutes is amended to read:
23.33 (2) (ig) 1. b. A computerized procedure under which the department or agent may accept applications for registration documentation and issue to each applicant all or some of the items of the registration documentation at the time the applicant submits the application accompanied by the required fees.
SECTION 6. 23.33 (2) (ig) 2. of the statutes is amended to read:
23.33 (2) (ig) 2. Under either procedure under subd. 1., the applicant shall receive any remaining items of registration documentation directly from the department at a later date. The items of registration documentation issued at the time of the submittal of the application under either procedure shall be sufficient to allow the all-terrain vehicle for which the application is submitted to be operated in compliance with the registration requirements under this subsection. The items of registration documentation issued under subd. 1. b. shall include at least one registration decal.
SECTION 7. 23.33 (2) (ir) (title) of the statutes is repealed and recreated to read:
23.33 (2) (ir) (title) Registration; supplemental fees.
SECTION 8. 23.33 (2) (ir) 1. of the statutes is amended to read:
23.33 (2) (ir) 1. In addition to the applicable fee under par. (c), (d), or (e), each agent appointed under par. (i) 3. shall collect an expedited a service fee of $3 each time the agent issues a validated registration receipt under par. (ig) 1. a. The agent shall retain the entire amount of each expedited service fee the agent collects.
SECTION 9. 23.33 (2) (ir) 2. of the statutes is amended to read:
23.33 (2) (ir) 2. In addition to the applicable fee under par. (c), (d), or (e), the department or the agent appointed under par. (i) 3. shall collect an expedited a service fee of $3 $5 each time the expedited service under par. (ig) 1. b. is provided. The agent shall remit to the department $1 of each expedited service fee the agent collects.
SECTION 10. 30.50 (3b) of the statutes is amended to read:
30.50 (3b) "Certification or registration documentation" means a certificate of number certificate, certificate of number card, certification decal, registration certificate, registration card, self-validated receipt, or registration decal.
SECTION 11. 30.50 (11m) of the statutes is repealed.
SECTION 12. 30.52 (1m) (a) 3. of the statutes is amended to read:
30.52 (1m) (a) 3. Appoint persons who are not employees of the department as agents of the department to issue, transfer, or renew the certification or registration documentation using either or both of the expedited services the service under par. (ag) 1.
SECTION 13. 30.52 (1m) (ag) 1. (intro.) and b. of the statutes are consolidated, renumbered 30.52 (1m) (ag) 1. and amended to read:
30.52 (1m) (ag) 1. For the issuance of original or duplicate certification or registration documentation and for the transfer or renewal of certification or registration documentation, the department may implement either or both of the following expedited procedures to be provided by the department and any agents appointed under par. (a) 3.: b. A computerized a procedure under which the department or an agent may accept appointed under par. (a) 3. accepts applications for certification or registration documentation and issue issues to each applicant all or some of the items of the certification or registration documentation at the time the applicant submits the application accompanied by the required fees.
SECTION 14. 30.52 (1m) (ag) 1. a. of the statutes is repealed.
SECTION 15. 30.52 (1m) (ag) 2. of the statutes is amended to read:
30.52 (1m) (ag) 2. Under either the procedure under subd. 1., the applicant shall receive any remaining items of certification or registration documentation directly from the department at a later date. The items of certification or registration documentation issued at the time of the submittal of the application under either procedure shall be sufficient to allow the boat for which the application is submitted to be operated in compliance with the registration requirements under this section and ss. 30.51 and 30.523.
SECTION 16. 30.52 (1m) (ar) (title) of the statutes is repealed and recreated to read:
30.52 (1m) (ar) (title) Supplemental fees.
SECTION 17. 30.52 (1m) (ar) 1. of the statutes is repealed.
SECTION 18. 30.52 (1m) (ar) 2. of the statutes is renumbered 30.52 (1m) (ar) and amended to read:
30.52 (1m) (ar) In addition to the applicable fee under sub. (3), the department or the agent appointed under par. (a) 3. shall collect an expedited service fee of $3 $5 each time the expedited service under par. (ag) 1. b. is provided. The agent shall remit to the department $1 of each expedited service fee the agent collects.
SECTION 19. 30.52 (1m) (f) 1. of the statutes is amended to read:
30.52 (1m) (f) 1. A dealer in boats who assists a customer in applying for a certification of number or registration without using either the procedure specified in par. (ag) 1., may charge the customer a reasonable fee for providing this assistance.
SECTION 20. 350.12 (3h) (a) 1. of the statutes is amended to read:
350.12 (3h) (a) 1. Directly issue, transfer, or renew the registration documentation with or without using the expedited services specified in par. (ag) 1.
SECTION 21. 350.12 (3h) (a) 3. of the statutes is amended to read:
