AB919: Bill Text

AB919,11,11 111.70 (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 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 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% 30 percent 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.

AB919, s. 12 Section 12. 111.70 (4) (m) 6. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB919,11,17 111.70 (4) (m) 6. Solicitation of sealed bids for the provision of group health care benefits for school district employees and selection of the group health care benefits provider, as provided in s. 120.12 (24), and the impact of that selection on the wages, hours, or conditions of employment of the school district employees.

AB919, s. 13 Section 13. 118.245 of the statutes is created to read:

AB919,11,20 118.245 Limitation on salary and fringe benefit costs for professional employees. (1) In this section:

AB919,11,25 (a) "Nonrepresented professional employee" means an employee who is a professional employee as defined in s. 111.70 (1) (L), who is employed to perform services for a school district, and whose position is not included in a collective bargaining unit for which a representative is recognized or certified under subch. IV of ch. 111.

AB919,12,2 (b) "Represented professional employee" has the meaning given for "school district professional employee" in s. 111.70 (1) (ng).

AB919,12,9 (2) No school district may increase in any year the average of salary and fringe benefits of its nonrepresented professional employees in an amount that is more than the product of the percentage determined by the department under sub. (3) multiplied by the average amount spent by the school district on represented professional employees' salary and fringe benefits in the existing school year or by more than the average amount that the school district increased the salary and fringe benefits of its represented professional employees, whichever is greater.

AB919,12,12 (3) (a) By January 1, 2011, and biennially by January 1 thereafter, the department shall perform the following calculations and certify the result, expressed as a percentage, to the employment relations commission:

AB919,12,14 1. Except as provided in par. (b), determine the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year.

AB919,12,16 2. Divide the amount under subd. 1. by the statewide average base revenue per pupil, as calculated for the current school year under s. 121.905 (3).

AB919,12,18 (b) For the certification due by January 1, 2011, the department shall use $275 under par. (a) 1.

AB919, s. 14 Section 14. 120.12 (24) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 120.12 (24) (a).

AB919, s. 15 Section 15. 120.12 (24) (b) of the statutes is created to read:

AB919,13,2 120.12 (24) (b) Select the group health care benefits provider for school district employees, as defined in s. 111.70 (1) (ne), that is the lowest qualified responsible bidder under par. (a). This paragraph does not apply if the school board offers all of its employees a health care coverage plan through a program offered by the group insurance board under ch. 40.

AB919, s. 16 Section 16. 121.15 (3m) of the statutes is created to read:

AB919,13,4 121.15 (3m) (a) In this subsection:

AB919,13,7 1. "Partial school revenues" means the sum of state school aids, other than the amounts appropriated under s. 20.255 (2) (fv), property taxes levied for school districts, and aid paid to school districts under s. 79.095 (4), less all of the following:

AB919,13,10 a. The amount of any revenue limit increase under s. 121.91 (4) (a) 2. due to a school board's increasing the services that it provides by adding responsibility for providing a service transferred to it from another school board.

AB919,13,11 b. The amount of any revenue limit increase under s. 121.91 (4) (a) 3.

AB919,13,12 c. The amount of any revenue limit increase under s. 121.91 (4) (h).

AB919,13,13 d. The amount of any property taxes levied for the purpose of s. 120.13 (19).

AB919,13,15 e. An amount equal to 38.4 percent of the amount estimated to be paid under s. 119.23 (4) and (4m).

AB919,13,17 f. The amount by which the property tax levy for debt service on debt that has been approved by a referendum exceeds $490,000,000.

AB919,13,22 2. "State school aids" means those aids appropriated under s. 20.255 (1) (b) and (2), other than s. 20.255 (2) (fm), (fu), (fv), (k), and (m), and under s. 20.285 (1) (r), (rc), and (rm), and those aids appropriated under s. 20.505 (4) (es) and (s) that are used to provide grants or educational telecommunications access to school districts under s. 16.995 or 16.997 (7).

AB919,14,3 (b) By May 15, 2011, and annually by May 15 thereafter, the department, the department of administration, and the legislative fiscal bureau shall jointly certify to the joint committee on finance an estimate of the amount necessary to appropriate under s. 20.255 (2) (ac) in the following school year to ensure that the sum of state school aids and the school levy tax credit under s. 79.10 (4) equals the following portion of partial school revenues:

AB919,14,4 1. For the 2011-12 school year, 65.28 percent.

AB919,14,5 2. For the 2012-13 school year, 65.56 percent.

AB919,14,6 3. For the 2013-14 school year, 65.84 percent.

AB919,14,7 4. For the 2014-15 school year, 66.12 percent.

AB919,14,8 5. For the 2015-16 school year, 66.40 percent.

AB919,14,9 6. For the 2016-17 school year and each school year thereafter, two-thirds.

AB919,14,12 (c) By June 30, 2012, and biennially by June 30 thereafter, the joint committee on finance shall determine the amount appropriated under s. 20.255 (2) (ac) in the following school year.

AB919, s. 17 Section 17. Initial applicability.

AB919,14,18 (1) The treatment of section 111.70 (1) (b), (dm), (mc), and (ng) and (4) (cm) 5s. and 6. a. and am. and (d) 2. a. of the statutes, the renumbering and amendment of section 111.70 (4) (cm) 8m. of the statutes, and the creation of section 111.70 (4) (cm) 8m. b. of the statutes first apply to a petition for arbitration that relates to a collective bargaining agreement that is filed on the effective date of this subsection.

AB919,14,21 (2) The treatment of section 111.70 (4) (m) 6. of the statutes first applies to a collective bargaining agreement entered into, extended, modified, or renewed on the effective date of this subsection.

AB919, s. 18 Section 18. Effective date.

AB919,14,23 (1) This act takes effect on July 1, 2010.

AB919,14,24 (End)