Text: HSB00011 Text: HSB00013 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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
Text: HSB00011 Text: HSB00013 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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