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House Study Bill 12

Bill Text

PAG LIN
  1  1    Section 1.  Section 20.3, Code 1997, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  3A.  "Economic impasse item" means any
  1  4 impasse item pertaining to the remuneration received by, and
  1  5 the provision of benefits to, a public employee for work
  1  6 performed or services rendered, including wages, salaries,
  1  7 shift differentials, overtime, compensatory time, supplemental
  1  8 pay, standby pay, group benefit and insurance plan
  1  9 contributions, and other matters mutually agreed upon by a
  1 10 public employer and a certified employee organization which
  1 11 creates a fiscal impact on the budget of the public employer.
  1 12    Sec. 2.  Section 20.22, subsection 9, paragraph b, Code
  1 13 1997, is amended to read as follows:
  1 14    b.  Comparison of wages, hours, benefits, and conditions of
  1 15 employment of the involved public employees with those of
  1 16 other public and private sector employees doing comparable
  1 17 work, giving consideration to factors peculiar to the area and
  1 18 the classifications involved.
  1 19    Sec. 3.  Section 20.22, subsection 9, paragraph d, Code
  1 20 1997, is amended to read as follows:
  1 21    d.  The power of the public employer to levy taxes and
  1 22 appropriate funds for the conduct of its operations.  This
  1 23 paragraph shall not apply if the public employer is the state.
  1 24    Sec. 4.  Section 20.22, subsection 12, Code 1997, is
  1 25 amended to read as follows:
  1 26    12.  The selections by the panel of arbitrators and items
  1 27 agreed upon by the public employer and the employee
  1 28 organization, shall be deemed to be the collective bargaining
  1 29 agreement between the parties subject to the provisions of
  1 30 section 20.22A.
  1 31    Sec. 5.  Section 20.22, subsection 13, Code 1997, is
  1 32 amended to read as follows:
  1 33    13.  The determination of the panel of arbitrators shall be
  1 34 by majority vote and shall be final and binding subject to the
  1 35 provisions of section 20.17, subsection 6, and section 20.22A.
  2  1 The panel of arbitrators shall give written explanation for
  2  2 its selection and inform the parties of its decision.
  2  3    Sec. 6.  NEW SECTION.  20.22A  STATE EMPLOYEE NEGOTIATIONS.
  2  4    1.  The economic impasse items of a collective bargaining
  2  5 agreement reached pursuant to arbitration as provided in
  2  6 section 20.22 between the state and an employee organization
  2  7 representing state employees shall not take effect and the
  2  8 collective bargaining agreement incorporating those items is
  2  9 not final and binding except as provided in this section.
  2 10 This section does not apply to a collective bargaining
  2 11 agreement reached between the state and an employee
  2 12 organization representing state employees in which no economic
  2 13 impasse item was submitted to arbitration as provided in
  2 14 section 20.22.
  2 15    2.  Within thirty days following the determination of a
  2 16 collective bargaining agreement containing economic impasse
  2 17 items reached pursuant to impasse arbitration, the general
  2 18 assembly shall ratify or reject by statute the determination
  2 19 by the arbitrator on the economic impasse items submitted to
  2 20 arbitration and appropriate funds in any amount up to and
  2 21 including the amount necessary to fund the economic impasse
  2 22 items of the collective bargaining agreement that were
  2 23 submitted to arbitration.
  2 24    3.  a.  If the general assembly ratifies by statute the
  2 25 determination of the economic impasse items reached pursuant
  2 26 to arbitration, the collective bargaining agreement including
  2 27 the determination of the arbitrated economic impasse items of
  2 28 the collective bargaining agreement shall be final and
  2 29 binding, subject to the provisions of section 20.17,
  2 30 subsection 6.
  2 31    b.  If the general assembly rejects by statute the
  2 32 determination of the economic impasse items reached pursuant
  2 33 to arbitration and appropriates funds in an amount less than
  2 34 sufficient to fund the economic impasse items of the
  2 35 collective bargaining agreement, the arbitrator's
  3  1 determination of the economic impasse items is rejected and
  3  2 the state and the certified employee organization shall have
  3  3 twenty-one days to negotiate an agreement on the allocation of
  3  4 the funds appropriated to economic impasse items.  If no
  3  5 agreement is reached within twenty-one days, the state shall
  3  6 have fourteen days to unilaterally determine the funding
  3  7 allocation of the economic impasse items based upon the funds
  3  8 appropriated and shall inform the certified employee
  3  9 organization of its determination in writing.  Once the
  3 10 funding of economic impasse items has been determined as
  3 11 provided in this paragraph, the determination of the economic
  3 12 impasse items and their funding shall be incorporated into a
  3 13 collective bargaining agreement which shall be final and
  3 14 binding, subject to the provisions of section 20.17,
  3 15 subsection 6.
  3 16    Sec. 7.  NEW SECTION.  70A.21  STATE GOVERNMENT HEALTH
  3 17 BENEFITS.
  3 18    A state employee health benefits program is created
  3 19 pursuant to chapter 509A.  The director of the department of
  3 20 personnel shall design and administer health benefit plans for
  3 21 state employees.  Effective August 1, 1997, state employees
  3 22 may choose health benefits from one indemnity plan or from
  3 23 managed care plans that are approved by the department.  All
  3 24 health benefit plans approved by the department of personnel
  3 25 and made available to state employees shall require a minimum
  3 26 annual contribution by the employee in an amount of not less
  3 27 than twenty-five percent of the annual premium cost of the
  3 28 plan for the employee.  The department of personnel shall
  3 29 adopt rules to administer this section.
  3 30    Sec. 8.  EFFECTIVE DATE.  This Act, being deemed of
  3 31 immediate importance, takes effect upon enactment.  
  3 32                           EXPLANATION
  3 33    This bill makes provisions concerning public employee
  3 34 collective bargaining and group health benefits for state
  3 35 employees.
  4  1    The bill requires an arbitrator in public employee
  4  2 collective bargaining impasses to compare, as a factor in
  4  3 resolving an impasse, the wages, hours, and conditions of
  4  4 employment of the involved public employees with those of
  4  5 private sector employees doing comparable work and to compare
  4  6 the benefits of comparable public and private sector
  4  7 employees.  The bill also eliminates as a factor in resolving
  4  8 an impasse where the public employer is the state, the power
  4  9 of the public employer to levy taxes and appropriate funds to
  4 10 conduct its operations.
  4 11    The bill also provides that a collective bargaining
  4 12 agreement involving state employees and containing an
  4 13 "economic impasse item" that was submitted to arbitration is
  4 14 not final upon the determination of an arbitrator but is
  4 15 subject to an appropriation by the general assembly.  The bill
  4 16 defines "economic impasse item" to include items pertaining to
  4 17 the remuneration received by and the provision of benefits to
  4 18 a public employee.  If the general assembly ratifies by
  4 19 statute the arbitrator's determination, the collective
  4 20 bargaining agreement, including the determination of the
  4 21 economic impasse items by an arbitrator, becomes final.  If
  4 22 the general assembly rejects by statute the arbitrator's
  4 23 determination and appropriates moneys in an amount less than
  4 24 sufficient to fund the applicable economic impasse items, the
  4 25 arbitrator's determination of those items is rejected and the
  4 26 parties shall renegotiate the items based on the appropriation
  4 27 provided.  If no agreement is reached within 21 days, the
  4 28 public employer has 14 days to determine on its own the
  4 29 funding allocation of the economic impasse items based on the
  4 30 appropriation made and the collective bargaining agreement
  4 31 becomes final.
  4 32    The bill also establishes a state employee health benefits
  4 33 program under the authority of the department of personnel
  4 34 which provides that, effective August 1, 1997, state employees
  4 35 may choose health benefits from plans approved by the
  5  1 department.  The bill provides that state employees are
  5  2 required to pay at least 25 percent of the annual premium cost
  5  3 of the employee's health benefits.
  5  4    The bill takes effect upon enactment.  
  5  5 LSB 1552XL 77
  5  6 ec/jw/5.1
     

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