SECTION 7. 111.70 (4) (cm) 5. of the statutes is amended to read:
111.70 (4) (cm) 5. 'Voluntary impasse resolution procedures.' In addition to the other impasse resolution procedures provided in this paragraph, a municipal employer and labor organization may at any time, as a permissive subject of bargaining, agree in writing to a dispute settlement procedure, including authorization for a strike by municipal employees or binding interest arbitration, which is acceptable to the parties for resolving an impasse over terms of any collective bargaining agreement under this subchapter. A copy of such agreement shall be filed by the parties with the commission. If the parties agree to any form of binding interest arbitration, the arbitrator shall give weight to the factors enumerated under subds. 7., and 7g. for a collective bargaining unit consisting of municipal employees who are not school district employees and under subd. 7r. for a collective bargaining unit consisting of municipal employees.
SECTION 8. 111.70 (4) (cm) 5s. of the statutes is repealed.
SECTION 9. 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 10. 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 11. 111.70 (4) (cm) 7. of the statutes is amended to read:
111.70 (4) (cm) 7. 'Factor given greatest weight.' In making any decision under the arbitration procedures authorized by this paragraph, except for any decision involving a collective bargaining unit consisting of school district employees, the arbitrator or arbitration panel shall consider and shall give the greatest weight to 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 in the arbitrator's or panel's decision.
SECTION 12. 111.70 (4) (cm) 7g. of the statutes is amended to read:
111.70 (4) (cm) 7g. 'Factor given greater weight.' In making any decision under the arbitration procedures authorized by this paragraph, except for any decision involving a collective bargaining unit consisting of school district employees, the arbitrator or arbitration panel shall consider and shall give greater weight to economic conditions in the jurisdiction of the municipal employer than to any of the factors specified in subd. 7r.
SECTION 13. 111.70 (4) (cm) 7r. (intro.) of the statutes is amended to read:
111.70 (4) (cm) 7r. (intro.) 'Other factors considered.' 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:
SECTION 14. 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, 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. nor may a collective bargaining agreement for any collective bargaining unit consisting of school district employees subject to this paragraph be for a term exceeding 4 years. 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 15. 111.70 (4) (cm) 8m. b. of the statutes is repealed.
SECTION 16. 111.70 (4) (cm) 8p. of the statutes is repealed.
SECTION 17. 111.70 (4) (cm) 8s. of the statutes is repealed.
SECTION 18. 111.70 (4) (cn) of the statutes is repealed.
SECTION 19. 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 workforce. 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. Upon the expiration of any collective bargaining agreement in force, the commission shall combine into a single collective bargaining unit 2 or more collective bargaining units consisting of school district employees if a majority of the employees voting in each collective bargaining unit vote to combine. Any vote taken under this subsection shall be by secret ballot.
SECTION 20. 111.70 (4) (m) 6. of the statutes is amended to read:
111.70 (4) (m) 6. Solicitation of sealed bids for the provision of group health care benefits for school district professional employees as provided in s. 120.12 (24).
SECTION 21. 118.245 of the statutes is repealed.
SECTION 22. 120.12 (24) of the statutes is amended to read:
120.12 (24) HEALTH CARE BENEFITS. Prior to the selection of any group health care benefits provider for school district professional employees, as defined in s. 111.70 (1) (ne), solicit sealed bids for the provision of such benefits.
SECTION 9316. Initial applicability; Employment Relations Commission.
(1) QUALIFIED ECONOMIC OFFERS. The treatment of section 111.70 (1) (a), (b), (dm), (fm), (nc), and (ne) and (4) (cm) 5., 5s., 6. a. and am., 7., 7g., 7r. (intro.), 8m. a., b., and c., 8p., and 8s., (cn), (d) 2. a., and (m) 6. of the statutes first applies to petitions for arbitration that relate to collective bargaining agreements that cover periods beginning on or after July 1, 2009, 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.
(End)
LRB-0510LRB-0510/P2
CMH:wlj&nwn:ph
2009 - 2010 LEGISLATURE
DOA:......Palchik, BB0170 - Alcohol and other drug abuse grants
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
HEALTH AND HUMAN SERVICES
Mental illness and developmental disabilities
Under current law, DHS distributes grants, on a competitive basis, to county social service departments and to nonprofit organizations to provide alcohol and other drug abuse treatment services in counties with a population of at least 500,000. This bill eliminates the requirement that the population be at least 500,000.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 46.48 (30) (a) of the statutes is amended to read:
46.48 (30) (a) From the appropriation account under s. 20.435 (7) (bc), the department shall distribute grants on a competitive basis to county departments of social services and to private nonprofit organizations, as defined in s. 103.21 (2), for the provision of alcohol and other drug abuse treatment services in counties with a population of 500,000 or more. Grants distributed under this subsection may be used only to provide treatment for alcohol and other drug abuse to individuals who are eligible for federal temporary assistance for needy families under 42 USC 601 et. seq. and who have a family income of not more than 200% of the poverty line, as defined in s. 49.001 (5).
****NOTE: This is reconciled s. 46.48 (30) (a). This SECTION has been affected by drafts with the following LRB numbers: LRB-0510/P1 and LRB-0247/1.
(End)
LRB-0511LRB-0511/P1
CMH:wlj:ph
2009 - 2010 LEGISLATURE
DOA:......Jablonsky, BB0115 - Eliminate supplementary mental examinations
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Mental illness and developmental disabilities
Under current law, if a defendant is found not guilty of a crime by reason of mental disease or mental defect, the court must commit the person to either institutional care or conditional release. If the court lacks sufficient information to determine whether the person should be committed to institutional care or to conditional release, the court may order a predisposition investigation of the person or a supplementary mental examination, or both. Under this bill, the court may order only a predisposition investigation.
For further information see the state 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. 51.30 (4) (b) 8m. of the statutes is amended to read:
51.30 (4) (b) 8m. To appropriate examiners, investigators, and facilities in accordance with s. ss. 54.36 (3), and 971.17 (2) (e), (4) (c), and (7) (c). The recipient of any information from the records shall keep the information confidential except as necessary to comply with s. 971.17.
SECTION 2. 146.82 (2) (c) of the statutes is amended to read:
146.82 (2) (c) Notwithstanding sub. (1), patient health care records shall be released to appropriate examiners, investigators, and facilities in accordance with s. 971.17 (2) (e), (4) (c), and (7) (c). The recipient of any information from the records shall keep the information confidential except as necessary to comply with s. 971.17.
SECTION 3. 322.0767 (2) (c) of the statutes is amended to read:
322.0767 (2) (c) The court-martial has the same authority as a circuit court has under s. 971.17 (2) to order the department of health services to conduct a predisposition investigation using the procedure in s. 972.15 or a mental examination as provided under s. 971.17 (2) (b), (c), and (e) to assist the court-martial in determining whether to place the person in institutional care or to conditionally release the person.
SECTION 4. 971.17 (2) (title) of the statutes is amended to read:
971.17 (2) (title) INVESTIGATION AND EXAMINATION.
SECTION 5. 971.17 (2) (a) of the statutes is amended to read:
971.17 (2) (a) The court shall enter an initial commitment order under this section pursuant to a hearing held as soon as practicable after the judgment of not guilty by reason of mental disease or mental defect is entered. If the court lacks sufficient information to make the determination required by sub. (3) immediately after trial, it may adjourn the hearing and order the department of health services to conduct a predisposition investigation using the procedure in s. 972.15 or a supplementary mental examination or both, to assist the court in framing the commitment order.
SECTION 6. 971.17 (2) (b), (c) and (d) of the statutes are repealed.
SECTION 7. 971.17 (2) (e) of the statutes is amended to read:
971.17 (2) (e) The examiner appointed person conducting the predisposition investigation under par. (b) (a) shall personally observe and examine the person. The examiner or facility and shall have access to the person's past or present treatment records, as defined in s. 51.30 (1) (b), and patient health care records, as provided under s. 146.82 (2) (c). If the examiner person conducting the predisposition investigation believes that the person is appropriate for conditional release, the examiner person conducting the predisposition investigation shall report on the type of treatment and services that the person may need while in the community on conditional release.
SECTION 8. 971.17 (2) (f) of the statutes is repealed.
SECTION 9. 971.17 (2) (g) of the statutes is amended to read:
971.17 (2) (g) Within 10 days after the examiner's predisposition investigation report is filed under par. (c) s. 972.15, the court shall hold a hearing to determine whether commitment shall take the form of institutional care or conditional release.
SECTION 9322. Initial applicability; Health Services.
(1) SUPPLEMENTARY MENTAL EXAMINATIONS. The treatment of section 971.17 (2) (a) of the statutes first applies to judgments entered on the effective date of this subsection.
(End)
LRB-0512LRB-0512/P3
CMH:nwn&cjs:rs
2009 - 2010 LEGISLATURE
DOA:......Jablonsky, BB0118 - Eliminate requirement for community integration program reduction
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Mental illness and developmental disabilities
Under current law, DHS reimburses certain costs of services provided by a state center for the developmentally disabled. Under the community integration program for residents of state centers for the developmentally disabled (the "CIP IA" program), DHS is required to reduce the reimbursement to a center following the relocation of an individual from the center to a community setting by $325 per day. This bill eliminates the fixed amount of the reduction.
Under current law, DHS must submit to the legislature a report that describes how certain community integration programs for residents of state centers for the developmentally disabled affect state employees and DHS's efforts to redeploy state employees into vacant positions. This bill eliminates the report requirement.
For further information see the state 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. 46.275 (5m) of the statutes is repealed.
SECTION 2. 49.45 (6b) of the statutes is amended to read:
49.45 (6b) CENTERS FOR THE DEVELOPMENTALLY DISABLED. From the appropriation under s. 20.435 (2) (gk), the department may reimburse the cost of services provided by the centers for the developmentally disabled. Reimbursement to the centers for the developmentally disabled shall be reduced following each placement made under s. 46.275 that involves a relocation from a center for the developmentally disabled, by $225 per day, beginning in fiscal year 2002-03, and by $325 per day, beginning in fiscal year 2004 Beginning in fiscal year 2009-10, following each placement made under s. 46.275 that involves a relocation from a center for the developmentally disabled, the department shall reduce the reimbursement to the center by an amount, as determined by the department for each placement, that is equal to the nonfederal share of the costs for the placement under s. 46.275.
(End)
LRB-0522LRB-0522/2
RCT:kjf:rs
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0177 - Compensation for removal of closed underground storage tanks
