Amendment SSA1-SB429

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2009 - 2010 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 2009 SENATE BILL 429

April 13, 2010 - Offered by Senator Carpenter.

SB429-SSA1,1,6 An Act to renumber 111.70 (4) (n); to amend 61.66 (2), 111.70 (1) (a) and 891.45 (2); and to create 111.70 (4) (n) 2., 111.91 (1) (ar) and 891.453 of the statutes; relating to: establishing a presumption for employment-connected communicable diseases for fire fighters, emergency medical service providers, law enforcement officers, and certain correctional employees and making the presumption a mandatory subject of collective bargaining for those employees.

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

SB429-SSA1, s. 1 Section 1. 61.66 (2) of the statutes is amended to read:

SB429-SSA1,1,11 61.66 (2) The governing body of a village acting under sub. (1) may designate any person required to perform police protection and fire protection duties under sub. (1) as primarily a police officer or fire fighter for purposes of s. 891.45, 891.453, or 891.455.

SB429-SSA1, s. 2 Section 2. 111.70 (1) (a) of the statutes, as affected by 2009 Wisconsin Acts 34 and 60, is amended to read:

SB429-SSA1,3,4 111.70 (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) (n) 1. or (o), and for a school district with respect to any matter under sub. (4) (n) and for municipal employees who are public safety workers, as defined in s. 891.453 (1) (f), with respect to any matter under sub. (4) (n) 2., except as provided in subs. (3m), (3p), and (4) (m) and (mc) 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.

SB429-SSA1, s. 3 Section 3. 111.70 (4) (n) of the statutes, as created by 2009 Wisconsin Act 34, is renumbered 111.70 (4) (n) 1.

SB429-SSA1, s. 4 Section 4. 111.70 (4) (n) 2. of the statutes is created to read:

SB429-SSA1,3,13 111.70 (4) (n) 2. When bargaining collectively with a collective bargaining unit that includes any public safety worker, as defined in s. 891.453 (1) (f), 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 the inclusion in the collective bargaining agreement of the presumption under s. 891.453 (2).

SB429-SSA1, s. 5 Section 5. 111.91 (1) (ar) of the statutes is created to read:

SB429-SSA1,3,17 111.91 (1) (ar) In a collective bargaining unit that includes employees that are public safety workers, as defined in s. 891.453 (1) (f), the presumption under s. 891.453 (2) shall be a subject of collective bargaining.

SB429-SSA1, s. 6 Section 6. 891.45 (2) of the statutes is amended to read:

SB429-SSA1,4,4 891.45 (2) In Except as provided in s. 891.453, in any proceeding involving the application by a state, county, or municipal fire fighter or his or her beneficiary for disability or death benefits under s. 40.65 (2) or any pension or retirement system applicable to fire fighters, where at the time of death or filing of application for disability benefits the deceased or disabled fire fighter had served a total of 5 years as a state, county, or municipal fire fighter and a qualifying medical examination given prior to the time of his or her becoming a state, county, or municipal fire fighter showed no evidence of heart or respiratory impairment or disease, and where the disability or death is found to be caused by heart or respiratory impairment or disease, such finding shall be presumptive evidence that such impairment or disease was caused by such employment.

SB429-SSA1, s. 7 Section 7. 891.453 of the statutes is created to read:

SB429-SSA1,4,7 891.453 Presumption of employment-connected disease; infectious disease. (1) In this section:

SB429-SSA1,4,10 (a) "Correctional officer" means any person employed by the state or by a county or a municipality as a guard or officer whose principal duties are the supervision and discipline of inmates.

SB429-SSA1,4,13 (b) "Emergency medical service provider" means a person employed by the state or by a county or municipality and who is an emergency medical technician under s. 256.01 (5) or a first responder under s. 256.01 (9).

SB429-SSA1,4,16 (c) "Fire fighter" means a state, county, or municipal fire fighter who is covered under s. 891.45 and any person under s. 61.66 whose duties as a fire fighter took up at least two-thirds of his or her working hours.

SB429-SSA1,4,20 (d) "Infectious disease" includes the human immunodeficiency virus, acquired immunodeficiency syndrome, tuberculosis, hepatitis A, hepatitis B, hepatitis C, hepatitis D, diphtheria, meningococcal meningitis, methicillin-resistant staphylococcus aureus, and severe acute respiratory syndrome.

SB429-SSA1,5,2 (e) "Law enforcement officer" means any person employed by the state or by a county or a municipality for the purpose of detecting and preventing crime and enforcing laws or ordinances, who is authorized to make arrests for violations of the laws or ordinances which he or she is employed to enforce. "Law enforcement officer" includes a person under s. 61.66 whose duties as a police officer took up at least two-thirds of his or her working hours.

SB429-SSA1,5,4 (f) "Public safety worker" means a correctional officer, an emergency medical service provider, a fire fighter, or a law enforcement officer.

SB429-SSA1,5,13 (2) In any proceeding involving the application by a public safety worker or his or her beneficiary for disability or death benefits under s. 40.65 (2) or any pension or retirement system applicable to public safety workers, if a qualifying medical examination given prior to the time of his or her becoming a public safety worker showed no evidence of an infectious disease, and if the disability or death is found to be caused by an infectious disease, the finding shall be presumptive evidence that the infectious disease was caused by the employment if the collective bargaining agreement covering the public safety worker includes the presumption under this subsection.

SB429-SSA1, s. 8 Section 8. Initial applicability.

SB429-SSA1,5,17 (1) The treatment of sections 111.70 (1) (a) and (4) (n) 2. and 111.91 (1) (ar) 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.

SB429-SSA1,5,18 (End)