Amendment ASA1-AB95

LRBs0046/1

CMH&PJK:bjk:jf

2009 - 2010 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2009 ASSEMBLY BILL 95

April 28, 2009 - Offered by Representatives Kramer and Vukmir.

AB95-ASA1,1,7 An Act to renumber 111.70 (4) (cm) 8s.; to amend 111.70 (1) (a) and 111.70 (1) (a); and to create 111.70 (4) (cm) 8s. b., 111.70 (4) (mc) 4., 111.70 (4) (mn), 111.70 (4) (n) and 601.41 (10) of the statutes; relating to: collective bargaining over health care coverage for municipal employees, allowing municipal employers to change health care coverage plan providers, preparation time as a mandatory subject of collective bargaining, and requiring the exercise of rule-making authority.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB95-ASA1, s. 1 Section 1 . 111.70 (1) (a) of the statutes is amended to read:

AB95-ASA1,2,19 111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours, and conditions of employment, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 61.66, except as provided in sub. (4) (m), (mc), and (n) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal employees under ch. 164. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The municipal employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours, and conditions of employment of the municipal employees in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit, and the health, safety, and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employees by the constitutions of this state and of the United States and by this subchapter.

AB95-ASA1, s. 2 Section 2 . 111.70 (1) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB95-ASA1,3,20 111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours, and conditions of employment, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 61.66, and for a school district with respect to any matter under sub. (4) (mn), except as provided in sub. (4) (m), (mc), and (n) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal employees under ch. 164. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The municipal employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours, and conditions of employment of the municipal employees in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety, and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employees by the constitutions of this state and of the United States and by this subchapter.

AB95-ASA1, s. 3 Section 3. 111.70 (4) (cm) 8s. of the statutes is renumbered 111.70 (4) (cm) 8s. a.

AB95-ASA1, s. 4 Section 4. 111.70 (4) (cm) 8s. b. of the statutes is created to read:

AB95-ASA1,4,2 111.70 (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.

AB95-ASA1, s. 5 Section 5. 111.70 (4) (mc) 4. of the statutes is created to read:

AB95-ASA1,4,9 111.70 (4) (mc) 4. 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 (10) to determine if health care coverage plans are substantially similar.

AB95-ASA1, s. 6 Section 6. 111.70 (4) (mn) of the statutes is created to read:

AB95-ASA1,4,16 111.70 (4) (mn) Mandatory subjects of bargaining. In a school district, in addition to any subject of bargaining on which the municipal employer is required to bargain under sub. (1) (a), the municipal employer is required to bargain collectively with respect to time spent during the school day, separate from pupil contact time, to prepare lessons, labs, or educational materials, to confer or collaborate with other staff, or to complete administrative duties.

AB95-ASA1, s. 7 Section 7. 111.70 (4) (n) of the statutes is created to read:

AB95-ASA1,5,6 111.70 (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, as determined by the criteria in rules promulgated by the commissioner of insurance under s. 601.41 (10), 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).

AB95-ASA1, s. 8 Section 8. 601.41 (10) of the statutes is created to read:

AB95-ASA1,5,12 601.41 (10) Substantially similar health care coverage plan. The commissioner shall promulgate rules that set out a standardized summary of benefits provided under health care coverage plans, including plans offered under s. 40.51 (7), for use in determining whether a health care coverage plan is substantially similar to a plan offered under s. 40.51 (7).

AB95-ASA1, s. 9 Section 9 . Initial applicability.

AB95-ASA1,5,17 (1) The treatment of section 111.70 (1) (a) (by Section 1) and (4) (mc) 4. and (n) of the statutes first applies to collective bargaining agreements entered into, extended, modified, or renewed, whichever occurs first, on the effective date of this subsection.

AB95-ASA1,5,20 (2) The treatment of section 111.70 (1) (a) (by Section 2) and (4) (mn) of the statutes first applies to collective bargaining agreements that cover any period that begins after the effective date of this subsection.

AB95-ASA1, s. 10 Section 10. Effective date.

AB95-ASA1,5,24 (1) The treatment of section 111.70 (1) (a) (by Section 1) and (4) (mc) 4. and (n) of the statutes and Section 9 (1) of this act take effect on the first day of the 13th month beginning after publication.

AB95-ASA1,6,2 (2) The treatment of section 111.70 (1) (a) (by Section 2) and (4) (mn) of the statutes and Section 9 (2) of this act takes effect on June 30, 2011.

AB95-ASA1,6,3 (End)