Amendment AA1-ASA1-SB40

SB40-ASA1-AA1, s. 2670d Section 2670d. 111.70 (4) (cm) 6. b. of the statutes is amended to read:

SB40-ASA1-AA1,322,15 111.70 (4) (cm) 6. b. The arbitrator shall, within 10 days of his or her appointment, establish a date and place for the conduct of the arbitration hearing. Upon petition of at least 5 citizens of the jurisdiction served by the municipal employer, filed within 10 days after the date on which the arbitrator is appointed, the arbitrator shall hold a public hearing in the jurisdiction for the purpose of providing the opportunity to both parties to explain or present supporting arguments for their positions and to members of the public to offer their comments and suggestions. The final offers of the parties, as transmitted by the commission to the arbitrator, shall serve as the basis for continued negotiations, if any, between the parties with respect to the issues in dispute. At any time prior to the arbitration hearing, either party, with the consent of the other party, and subject to the expenditure limit in subd. 6. am., may modify its final offer in writing.

SB40-ASA1-AA1, s. 2671b Section 2671b. 111.70 (4) (cm) 7. of the statutes is amended to read:

SB40-ASA1-AA1,322,24 111.70 (4) (cm) 7. `Factor Factors given greatest weight.' In making any decision under the arbitration procedures authorized by this paragraph, the arbitrator or arbitration panel shall consider and shall give the greatest weight to the expenditure limit in subd. 6. am. and any state law or directive lawfully issued by a state legislative or administrative officer, body or agency which places limitations on expenditures that may be made or revenues that may be collected by a municipal employer. The arbitrator or arbitration panel shall give an accounting of the consideration of this factor these factors in the arbitrator's or panel's decision.".

SB40-ASA1-AA1,323,1 1690. Page 1228, line 17: after that line insert:

SB40-ASA1-AA1,323,2 " Section 2667d. 111.70 (4) (cm) 5s. of the statutes is amended to read:

SB40-ASA1-AA1,324,19 111.70 (4) (cm) 5s. `Issues subject to arbitration.' In a collective bargaining unit consisting of school district professional employees, the municipal employer or the labor organization may petition the commission to determine whether the municipal employer has submitted a qualified economic offer. The commission shall appoint an investigator for that purpose. If the investigator finds that the municipal employer has submitted a qualified economic offer, the investigator shall determine whether a deadlock exists between the parties with respect to all economic issues. If the municipal employer submits a qualified economic offer applicable to any period beginning on or after July 1, 1993, no economic issues are subject to interest arbitration under subd. 6. for that period, except that only the impact of contracting out or subcontracting work that would otherwise be performed by municipal employees in the collective bargaining unit is subject to interest arbitration under subd. 6. In such a collective bargaining unit, economic issues concerning the wages, hours or conditions of employment of the school district professional employees in the unit for any period prior to July 1, 1993, are subject to interest arbitration under subd. 6. for that period. In such a collective bargaining unit, noneconomic issues applicable to any period on or after July 1, 1993, are subject to interest arbitration after the parties have reached agreement and stipulate to agreement on all economic issues concerning the wages, hours or conditions of employment of the school district professional employees in the unit for that period. In such a collective bargaining unit, if the commission's investigator finds that the municipal employer has submitted a qualified economic offer and that a deadlock exists between the parties with respect to all economic issues, the municipal employer may implement the qualified economic offer. On the 90th day prior to expiration of the period included within the qualified economic offer, if no agreement exists on that day, the parties are deemed to have stipulated to the inclusion in a new or revised collective bargaining agreement of all provisions of any predecessor collective bargaining agreement concerning economic issues, or of all provisions of any existing collective bargaining agreement concerning economic issues if the parties have reopened negotiations under an existing agreement, as modified by the terms of the qualified economic offer and as otherwise modified by the parties. In such a collective bargaining unit, on and after that 90th day, a municipal employer that refuses to bargain collectively with respect to the terms of that stipulation, applicable to the 90-day period prior to expiration of the period included within the qualified economic offer, does not violate sub. (3) (a) 4. Any such unilateral implementation after August 11, 1993, during the 90-day period prior to expiration of the period included within a qualified economic offer, operates as a full, final and complete settlement of all economic issues between the parties for the period included within the qualified economic offer. The failure of a labor organization to recognize the validity of such a lawful qualified economic offer does not affect the obligation of the municipal employer to submit economic issues to arbitration under subd. 6.

SB40-ASA1-AA1, s. 2667h Section 2667h. 111.70 (4) (p) of the statutes is created to read:

SB40-ASA1-AA1,324,25 111.70 (4) (p) Competitive contracting; all municipal employers. 1. A municipal employer's decision to enter into contracts with persons who are not employed by the municipal employer for the performance of services, as that decision relates to mandatory and permissive subjects of collective bargaining under this subchapter, is subject to this paragraph.

SB40-ASA1-AA1,325,3 2. A municipal employer may solicit bids from persons who are not employed by the municipal employer to perform services that are currently being performed by its municipal employees only if the municipal employer does all of the following:

SB40-ASA1-AA1,325,6 a. Notifies the labor organization that is recognized or certified to represent the municipal employees who are currently performing the services that the municipal employer intends to solicit the bids.

SB40-ASA1-AA1,325,15 b. Conducts an internal cost study to determine the total costs incurred by the municipal employer in having its municipal employees perform the services. The costs determined by this study shall be denominated the "current internal cost." The study shall also determine the percentage of the current internal cost that is attributable to wages and benefits paid to the municipal employees who perform the services and who are represented by the labor organization. This percentage shall be denominated the "labor cost ratio" and shall be expressed as a decimal. The municipal employer shall keep the study confidential until after all bids solicited under subd. 3. have been received by the municipal employer.

SB40-ASA1-AA1,325,21 3. After conducting the study under subd. 2. b., the municipal employer may solicit and receive bids from persons who are not employed by the municipal employer to perform any services that are currently being performed by its municipal employees. These bids shall be denominated the "preliminary external bids" and shall provide for services that are at least substantially similar to those currently being performed by the municipal employer's employees.

SB40-ASA1-AA1,326,2 4. No later than 30 days after receiving the final bid under subd. 3., the municipal employer shall select the preliminary external bid that the municipal employer considers the most advantageous to the municipal employer. The sum of the cost of this bid and the municipal employer's cost in administering any contract entered into pursuant to the bid shall be denominated the "selected external cost."

SB40-ASA1-AA1,326,11 5. After determining the selected external cost under subd. 4., the municipal employer shall subtract that number from an amount equal to 90 percent of the current internal cost determined under subd. 2. b. and shall then multiply the result by the labor cost ratio determined under subd. 2. b. The product shall be denominated the "required labor savings." No later than 5 days after selecting the preliminary external bid under subd. 4., the municipal employer shall notify the labor organization that represents the municipal employees of the required labor savings and shall also provide to the labor organization a copy of the preliminary external bid selected under subd. 4.

SB40-ASA1-AA1,326,17 6. a. If the required labor savings is an amount less than or equal to zero, the municipal employer is required to bargain collectively any decision to enter into contracts with persons who are not employed by the municipal employer for the performance of services for the municipal employer, and the impact of any such decision on the wages, hours, and conditions of employment of the municipal employees who would otherwise perform those services.

SB40-ASA1-AA1,327,2 b. If the required labor savings is an amount greater than zero, the municipal employer is not required to bargain collectively any decision to enter into contracts with persons who are not employed by the municipal employer for the performance of services for the municipal employer, or the impact of any such decision on the wages, hours, and conditions of employment of the municipal employees who would otherwise perform those services, unless the labor organization that represents the municipal employees notifies the municipal employer, in writing, that the municipal employees agree to be subject to the nonbinding arbitration mechanism under subd. 7. The notification must be received by the municipal employer no later than 15 days after the municipal employer selects the preliminary external bid under subd. 4.

SB40-ASA1-AA1,327,12 7. a. No later than 30 days after the municipal employer receives the notification under subd. 6. b., each party shall submit to an arbitrator a proposal to reduce the current internal cost determined under subd. 2. b. by an amount at least equal to the required labor savings determined under subd. 5. The reductions specified in the proposals shall come entirely from changes to the wages, hours, or conditions of employment of the municipal employees who are represented by the labor organization. The arbitrator shall be selected using the process under par. (cm) 6. am. The arbitrator may select any item from each proposal to reduce the current internal cost determined under subd. 2. b. by an amount at least equal to the required labor savings determined under subd. 5.

SB40-ASA1-AA1,327,18 b. If the labor organization rejects the arbitrator's proposal, the municipal employer is not required to bargain collectively the decision to contract with persons who are not employed by the municipal employer for the performance of the services for the municipal employer, or the impact of any such decision on the wages, hours, and conditions of employment of the municipal employees who would otherwise perform those services.

SB40-ASA1-AA1,327,24 c. If the municipal employer rejects the arbitrator's proposal, the municipal employer is required to bargain collectively the decision to contract with persons who are not employed by the municipal employer for the performance of the services for the municipal employer, and the impact of any such decision on the wages, hours, and conditions of employment of the municipal employees who would otherwise perform those services.

SB40-ASA1-AA1,328,4 d. If neither party rejects the arbitrator's proposal within 10 days after the arbitrator presents the proposal to the parties, the proposal shall be final and binding on both parties and shall be incorporated into a collective bargaining agreement.

SB40-ASA1-AA1,328,6 e. Any rejection of an arbitrator's proposal under subd. 7. b. or c. shall be made no later than 10 days after the arbitrator presents the proposal to the parties.

SB40-ASA1-AA1,328,11 8. If the arbitrator's proposal is not rejected by either party and is incorporated into a collective bargaining agreement, the municipal employer may not solicit and receive bids from persons who are not employed by the municipal employer to perform the service covered by the arbitrator's proposal for a period of 3 years from the date that the arbitrator submits his or her proposal to the parties.".

SB40-ASA1-AA1,328,12 1691. Page 1228, line 17: after that line insert:

SB40-ASA1-AA1,328,13 " Section 2666h. 111.70 (4) (m) (title) of the statutes is amended to read:

SB40-ASA1-AA1,328,14 111.70 (4) (m) (title) Prohibited subjects of bargaining; school districts.

SB40-ASA1-AA1, s. 2666p Section 2666p. 111.70 (4) (pr) of the statutes is created to read:

SB40-ASA1-AA1,328,23 111.70 (4) (pr) Prohibited subjects of bargaining; counties. In a county, the municipal employer is prohibited from bargaining collectively with respect to a sheriff's decision to have persons other than municipal employees provide meals to inmates, provided that the sheriff determines that the meals can be provided at a cost lower than if municipal employees provide the meals. The municipal employer is also prohibited from bargaining collectively the impact of that decision on the wages, hours, or conditions of employment of the municipal employees who perform those services.".

SB40-ASA1-AA1,328,24 1692. Page 1228, line 17: after that line insert:

SB40-ASA1-AA1,329,1 " Section 2680d. 111.91 (2) (nm) of the statutes is created to read:

SB40-ASA1-AA1,329,3 111.91 (2) (nm) The requirements related to continuing coverage for a dependent student on a medical leave of absence under s. 632.895 (15).".

SB40-ASA1-AA1,329,4 1693. Page 1228, line 17: after that line insert:

SB40-ASA1-AA1,329,5 " Section 2665g. 114.09 (title) of the statutes is amended to read:

SB40-ASA1-AA1,329,6 114.09 (title) Reckless Intoxicated and reckless flying; penalty.

SB40-ASA1-AA1, s. 2665h Section 2665h. 114.09 (1) (a) of the statutes is renumbered 114.09 (1) (a) (intro.) and amended to read:

SB40-ASA1-AA1,329,9 114.09 (1) (a) (intro.) In this subsection, "drug":

SB40-ASA1-AA1,329,10 1. "Drug" has the meaning specified in s. 450.01 (10).

SB40-ASA1-AA1, s. 2665j Section 2665j. 114.09 (1) (a) 2. of the statutes is created to read:

SB40-ASA1-AA1,329,14 114.09 (1) (a) 2. "Prohibited alcohol concentration" means an alcohol concentration of 0.04 or more if there is no passenger in the aircraft, more than 0.00 if there is a passenger in the aircraft.

SB40-ASA1-AA1, s. 2665L Section 2665L. 114.09 (1) (b) of the statutes is renumbered 114.09 (1) (b) 1. and amended to read:

SB40-ASA1-AA1,329,23 114.09 (1) (b) 1. No person may operate an aircraft in the air or on the ground or water while under the influence of intoxicating liquor or controlled substances or controlled substance analogs under ch. 961 or a combination thereof, under the influence of any other drug to a degree which renders him or her incapable of safely operating an aircraft, or under the combined influence of intoxicating liquor and any other drug to a degree which renders him or her incapable of safely operating an aircraft, nor.

SB40-ASA1-AA1,330,5 2. No person may operate an aircraft in the air or on the ground or water in a careless or reckless manner so as to endanger the life or property of another. In determining whether the operation was careless or reckless the court shall consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics.

SB40-ASA1-AA1,330,8 3. The court shall make a written report of all convictions, including bail or appearance money forfeitures, obtained under this section to the department, which shall send the report to the proper federal agency.

SB40-ASA1-AA1, s. 2665n Section 2665n. 114.09 (1) (b) 1m. of the statutes is created to read:

SB40-ASA1-AA1,330,11 114.09 (1) (b) 1m. No person may operate an aircraft in the air or on the ground if the person has a prohibited alcohol concentration.

SB40-ASA1-AA1, s. 2665r Section 2665r. 114.09 (2) of the statutes is repealed and recreated to read:

SB40-ASA1-AA1,330,13 114.09 (2) (a) Any person violating sub. (1) (b) 1. or 1m.:

SB40-ASA1-AA1,330,15 1. Shall forfeit not less than $150 nor more than $300, except as provided in subs. 6. and 7.

SB40-ASA1-AA1,330,21 2. Except as provided in subd. 6., shall be fined not less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor more than 6 months if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

SB40-ASA1-AA1,331,3 3. Except as provided in subds. 6. and 7., shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 30 days nor more than one year in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 3, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

SB40-ASA1-AA1,331,10 4. Except as provided in subds. 6. and 7., shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 60 days nor more than one year in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 4, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

SB40-ASA1-AA1,331,16 5. Except as provided in subds. 6. and 7., is guilty of a Class H felony and shall be fined not less than $600 and imprisoned for not less than 6 months if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 5 or more, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

SB40-ASA1-AA1,331,23 6. If there was a minor passenger under 16 years of age in the aircraft at the time of the violation that gave rise to the conviction under sub. (1) (b) 1. or 1m., the applicable minimum and maximum forfeitures, fines, or imprisonment under subd. 1., 2., 3., 4., or 5. for the conviction are doubled. An offense under sub. (1) (b) 1. or 1m., that subjects a person to a penalty under subd. 3., 4., or 5. when there is a minor passenger under 16 years of age in the aircraft is a felony and the place of imprisonment shall be determined under s. 973.02.

SB40-ASA1-AA1,331,25 7. a. If a person convicted had an alcohol concentration of 0.17 to 0.199, the applicable minimum and maximum fines under subd. 3. to 5. are doubled.

SB40-ASA1-AA1,332,2 b. If a person convicted had an alcohol concentration of 0.20 to 0.249, the applicable minimum and maximum fines under subd. 3. to 5. are tripled.

SB40-ASA1-AA1,332,4 c. If a person convicted had an alcohol concentration of 0.25 or above, the applicable minimum and maximum fines under subd. 3. to 5. are quadrupled.

SB40-ASA1-AA1,332,10 (b) In par. (a) 1. to 5., the time period shall be measured from the dates of the refusals or violations that resulted in the revocation or convictions. If a person has a suspension, revocation, or conviction for any offense under a local ordinance or a state statute of another state that would be counted under s. 343.307 (1), that suspension, revocation or conviction shall count as a prior suspension, revocation, or conviction under par. (a) 1. to 5.

SB40-ASA1-AA1,332,17 (bm) 1. Except as provided in subd. 1. a. or b., the court shall order the person violating sub. (1) (b) 1. or 1m. to submit to and comply with an assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for examination of the person's use of alcohol, controlled substances, or controlled substance analogs and development of an airman safety plan for the person. The court shall notify the person, the department, and the proper federal agency of the assessment order. The assessment order shall:

SB40-ASA1-AA1,332,24 a. If the person is a resident, refer the person to an approved public treatment facility in the county in which the person resides. The facility named in the order may provide for assessment of the person in another approved public treatment facility. The order shall provide that, if the person is temporarily residing in another state, the facility named in the order may refer the person to an appropriate treatment facility in that state for assessment and development of an airman safety plan for the person satisfying the requirements of that state.

SB40-ASA1-AA1,333,5 b. If the person is a nonresident, refer the person to an approved public treatment facility in this state. The order shall provide that the facility named in the order may refer the person to an appropriate treatment facility in the state in which the person resides for assessment and development of an airman safety plan for the person satisfying the requirements of that state.

SB40-ASA1-AA1,333,12 c. Require a person who is referred to a treatment facility in another state under subd. 1. a. or b. to furnish the department written verification of his or her compliance from the agency that administers the assessment and airman safety plan program. The person shall provide initial verification of compliance within 60 days after the date of his or her conviction. The requirement to furnish verification of compliance may be satisfied by receipt by the department of such verification from the agency that administers the assessment and airman safety plan program.

SB40-ASA1-AA1,333,16 2. The department of health and family services shall establish standards for assessment procedures and the airman safety plan programs by rule. The department of health and family services shall establish by rule conflict of interest guidelines for providers.

SB40-ASA1-AA1,333,24 3. Prior to developing a plan that specifies treatment, the facility shall make a finding that treatment is necessary and appropriate services are available. The facility shall submit a report of the assessment and the airman safety plan within 14 days to the county department under s. 51.42, the plan provider, the department of transportation, the appropriate federal agency, and the person, except that, upon request by the facility and the person, the county department may extend the period for assessment for not more than 20 additional workdays. The county department shall notify the department of transportation regarding any such extension.

SB40-ASA1-AA1,334,11 4. The assessment report shall order compliance with an airman safety plan. The report shall inform the person of the fee provisions under s. 46.03 (18) (f). The safety plan may include a component that makes the person aware of the effect of his or her offense on a victim and a victim's family. The safety plan may include treatment for the person's misuse, abuse, or dependence on alcohol, controlled substances, or controlled substance analogs. If the plan requires inpatient treatment, the treatment shall not exceed 30 days. An airman safety plan under this paragraph shall include a termination date consistent with the plan that shall not extend beyond one year. The county department under s. 51.42 shall assure notification of the department of transportation and the person of the person's compliance or noncompliance with assessment and treatment.

SB40-ASA1-AA1,334,12 (c) Any person violating sub. (1) (b) 2.:

SB40-ASA1-AA1,334,14 1. May be required to forfeit not less than $25 nor more than $200, except as provided in subd. 2.

SB40-ASA1-AA1,334,18 2. May be fined not less than $50 nor more than $500 or imprisoned for not more than one year in the county jail or both if the total of convictions under sub. (1) (b) 2. equals 2 or more in a 4-year period. The 4-year period shall be measured from the dates of the violations that resulted in the convictions.".

SB40-ASA1-AA1,334,19 1694. Page 1228, line 17: after that line insert:

SB40-ASA1-AA1,334,21 " Section 2677b. 111.70 (4) (cm) 8s. of the statutes is renumbered 111.70 (4) (cm) 8s. a.

SB40-ASA1-AA1, s. 2677c Section 2677c. 111.70 (4) (cm) 8s. b. of the statutes is created to read:

SB40-ASA1-AA1,335,2 111.70 (4) (cm) 8s. b. If a school district unilaterally changes its employees' health care coverage plan provider under par. (n), any costs savings realized because of the change may not be included when determining the fringe benefit savings under subd. 8s. a.

SB40-ASA1-AA1, s. 2679f Section 2679f. 111.70 (4) (n) of the statutes is created to read:

SB40-ASA1-AA1,335,16 111.70 (4) (n) Municipal employer-initiated change in health care coverage plan provider. Notwithstanding the terms of a collective bargaining agreement, a municipal employer may unilaterally change its employees' health care coverage plan provider without the consent of any affected employee in the collective bargaining unit if the benefits provided by the new health care coverage plan provider are substantially similar to those provided by the former health care coverage plan provider and if either the persons who provide health care coverage under the new plan are the same as under the former plan or cost savings will result from changing the health care coverage plan provider. Any such unilateral change in health care coverage plan provider is not a violation of a collective bargaining agreement or a prohibited practice under sub. (3) (a) and, for purposes of a qualified economic offer, satisfies the requirement to maintain fringe benefits under sub. (1) (nc).

SB40-ASA1-AA1, s. 2679g Section 2679g. 111.70 (4) (o) of the statutes is created to read:

SB40-ASA1-AA1,335,24 111.70 (4) (o) Prohibited subject of collective bargaining. A municipal employer is prohibited from bargaining collectively with respect to the employer's selection of a health care coverage plan if the municipal employer offers to enroll the employees in a health care coverage plan under s. 40.51 (7) or in a health care coverage plan that is substantially similar to a plan offered under s. 40.51 (7). The commission shall use the criteria in rules promulgated by the commissioner of insurance under s. 601.41 (12) to determine if health care coverage plans are substantially similar.".

SB40-ASA1-AA1,336,1 1695. Page 1228, line 17: after that line insert:

SB40-ASA1-AA1,336,2 " Section 2671gp. 111.91 (2) (pj) of the statutes is created to read:

SB40-ASA1-AA1,336,4 111.91 (2) (pj) The number of paid sick leave days in any year specified under s. 230.35 (2) (am).".

SB40-ASA1-AA1,336,5 1696. Page 1228, line 17: after that line insert:

SB40-ASA1-AA1,336,6 " Section 2669p. 111.91 (2) (ph) of the statutes is created to read:

SB40-ASA1-AA1,336,8 111.91 (2) (ph) A decision to convert from a biweekly pay period to a monthly pay period.".

SB40-ASA1-AA1,336,9 1697. Page 1229, line 11: after that line insert:

SB40-ASA1-AA1,336,10 " Section 2684p. 115.28 (44) of the statutes is created to read:

SB40-ASA1-AA1,336,14 115.28 (44) Teacher merit pay. Distribute the amounts appropriated under s. 20.255 (2) (am) to school districts to assist in paying the costs of teacher merit pay programs. The department shall promulgate rules to implement and administer this subsection.".

SB40-ASA1-AA1,336,15 1698. Page 1229, line 11: after that line insert:

SB40-ASA1-AA1,336,16 " Section 2683p. 115.28 (46m) of the statutes is created to read:

SB40-ASA1-AA1,336,22 115.28 (46m) School safety grants. From the appropriation under s. 20.255 (2) (dn), annually award grants to reimburse school districts for costs allowable under the federal Safe and Drug-Free Schools and Communities Act, 20 USC 7101 to 7165, but not paid under that act. If the appropriation under s. 20.255 (2) (dn) in any fiscal year is insufficient to pay all claims under this subsection, the funds shall be prorated among the school districts entitled to the funds.".

SB40-ASA1-AA1,336,23 1699. Page 1229, line 11: after that line insert:

SB40-ASA1-AA1,336,24 " Section 2684. 115.28 (46) of the statutes is created to read: