LRBb0934/1
CMH&PJK:nwn:ph
2009 - 2010 LEGISLATURE
ASSEMBLY AMENDMENT 105,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 75
June 11, 2009 - Offered by Representatives Kramer and Vukmir.
AB75-ASA1-AA105,1,11 At the locations indicated, amend the substitute amendment as follows:
AB75-ASA1-AA105,1,2 21. Page 1188, line 24: delete "and (mc)" and substitute ", (mc), and (n)".
AB75-ASA1-AA105,1,3 32. Page 1196, line 24: delete that line and substitute:
AB75-ASA1-AA105,1,5 4" Section 2235k. 111.70 (4) (cm) 8s. of the statutes is renumbered 111.70 (4)
5(cm) 8s. a.
AB75-ASA1-AA105, s. 2235n 6Section 2235n. 111.70 (4) (cm) 8s. b. of the statutes is created to read:
AB75-ASA1-AA105,1,107 111.70 (4) (cm) 8s. b. If a school district unilaterally changes its employees'
8health care coverage plan provider under par. (n), any costs savings realized because
9of the change may not be included when determining the fringe benefit savings under
10subd. 8s. a.
AB75-ASA1-AA105, s. 2236 11Section 2236. 111.70 (4) (cm) 8s. of the statutes, as affected by 2009 Wisconsin
12Act .... (this act), is repealed.".
AB75-ASA1-AA105,1,13
13. Page 1198, line 11: after that line insert:
AB75-ASA1-AA105,2,2 2" Section 2239g. 111.70 (4) (mc) 4. of the statutes is created to read:
AB75-ASA1-AA105,2,83 111.70 (4) (mc) 4. The employer's selection of a health care coverage plan if the
4municipal employer offers to enroll the employees in a health care coverage plan
5under s. 40.51 (7) or in a health care coverage plan that is substantially similar to
6a plan offered under s. 40.51 (7). The commission shall use the criteria in rules
7promulgated by the commissioner of insurance under s. 601.41 (11) to determine if
8health care coverage plans are substantially similar.
AB75-ASA1-AA105, s. 2239j 9Section 2239j. 111.70 (4) (n) of the statutes is created to read:
AB75-ASA1-AA105,2,2210 111.70 (4) (n) Municipal employer-initiated change in health care coverage
11plan provider.
Notwithstanding the terms of a collective bargaining agreement, a
12municipal employer may unilaterally change its employees' health care coverage
13plan provider without the consent of any affected employee in the collective
14bargaining unit if the benefits provided by the new health care coverage plan
15provider are substantially similar to those provided by the former health care
16coverage plan provider and if either the persons who provide health care coverage
17under the new plan are the same as under the former plan or cost savings will result
18from changing the health care coverage plan provider. Any such unilateral change
19in health care coverage plan provider is not a violation of a collective bargaining
20agreement or a prohibited practice under sub. (3) (a) and, for purposes of a qualified
21economic offer, satisfies the requirement to maintain fringe benefits under sub. (1)
22(nc).
AB75-ASA1-AA105, s. 2239k 23Section 2239k. 111.70 (4) (n) of the statutes, as created by 2009 Wisconsin Act
24.... (this act), is amended to read:
AB75-ASA1-AA105,3,13
1111.70 (4) (n) Municipal employer-initiated change in health care coverage
2plan provider.
Notwithstanding the terms of a collective bargaining agreement, a
3municipal employer may unilaterally change its employees' health care coverage
4plan provider without the consent of any affected employee in the collective
5bargaining unit if the benefits provided by the new health care coverage plan
6provider are substantially similar to those provided by the former health care
7coverage plan provider and if either the persons who provide health care coverage
8under the new plan are the same as under the former plan or cost savings will result
9from changing the health care coverage plan provider. Any such unilateral change
10in health care coverage plan provider is not a violation of a collective bargaining
11agreement or a prohibited practice under sub. (3) (a) and, for purposes of a qualified
12economic offer, satisfies the requirement to maintain fringe benefits under sub. (1)
13(nc)
.".
AB75-ASA1-AA105,3,14 144. Page 1593, line 10: after that line insert:
AB75-ASA1-AA105,3,15 15" Section 3136c. 601.41 (11) of the statutes is created to read:
AB75-ASA1-AA105,3,2016 601.41 (11) Substantially similar health care coverage plan. The
17commissioner shall promulgate rules that set out a standardized summary of
18benefits provided under health care coverage plans, including plans offered under
19s. 40.51 (7), for use in determining whether a health care coverage plan is
20substantially similar to a plan offered under s. 40.51 (7).".
AB75-ASA1-AA105,3,21 215. Page 1864, line 11: after that line insert:
AB75-ASA1-AA105,4,3 22"(3u) Health care coverage providers. The treatment of section 111.70 (1) (a)
23(as it relates to change in health care coverage plan providers) and (4) (mc) 4. of the
24statutes, the renumbering of section 111.70 (4) (cm) 8s. of the statutes, and the

1creation of section 111.70 (4) (cm) 8s. b. and (n) of the statutes first apply to collective
2bargaining agreements entered into, extended, modified, or renewed, whichever
3occurs first, on the effective date of this subsection.".
AB75-ASA1-AA105,4,4 46. Page 1888, line 11: delete ", 8p., and 8s." and substitute "and 8p.".
AB75-ASA1-AA105,4,5 57. Page 1888, line 12: after "5s." insert "and 8s.".
AB75-ASA1-AA105,4,7 68. Page 1888, line 12: after "of the statutes," insert "the amendment of section
7111.70 (4) (n) of the statutes,".
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