NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

Only the most recent FIR version, excluding attachments, is available on the Intranet. Previously issued FIRs and attachments may be obtained from the LFC office in Suite 101 of the State Capitol Building North.

(in thousands)

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates HB 447 Relates to SB49

SOURCES OF INFORMATION

The following agencies provided an analysis of this bill: State Personnel Office, Veterans' Service Commission, Energy, Minerals and Natural Resources Department, State Department of Education, Information Technology Management Office, Children, Youth and Families Department, Retiree Health Care Authority, Department of Military Affairs, Tourism Department, Administrative Office of the District Attorneys, Economic Development Department, Public Defender Department, Office of Cultural Affairs, Human Services Department, Board of Nursing, Gaming Control Board, Division of Vocational Rehabilitation, Martin Luther King, Jr. Commission, Commission for the Deaf and Hard of Hearing, Educational Retirement Board, Board of Examiners for Architects, Attorney General, Department of Game and Fish, and Administrative Office of the Courts.

SUMMARY

Synopsis of SPAC Amendment

This amendment removes the restrictions placed on collective bargaining ordinances in existence prior to October 1, 1991 in order for the already existing ordinances to continue to operate under the provisions and procedures set up in said ordinances.

Synopsis of Bill

This bill enacts the Public Employee Bargaining Act (Act) and guarantees collective bargaining for public employees and establishes procedures for recognizing public employee bargaining units and specifies collective bargaining rights and responsibilities for resolving disputes between those bargaining units and state and local public employers. This bill also establishes a three-member regulatory board, the Public Employee Labor Relations Board, to administer the Act effective July 1, 2000. The Act permits local governments to create their own boards.

Significant Issues

The scope of bargaining is limited to wages, hours and other terms and conditions of employment and other issues agreed upon by both the board and exclusive representative. The Act prohibits strikes and lock outs, establishes judicial enforcement, and outlines procedures for impasse mediation and arbitration and recognizes existing collective bargaining units established prior to July 1, 1999 and, if established through a representation election, bargaining units established between July 1, 1999 and the effective date of the Act. This Act does not have contain a termination date. The expenditure of funds made through an agreement of the state and an exclusive representative or any impasse resolution is contingent upon both legislative appropriation and the availability of funds.

FISCAL IMPLICATIONS

This bill appropriates $300.0 in general fund to create the Public Employee Labor Relations Board for expenditure in fiscal year 2001 to carry out the provisions of the Public Employee Bargaining Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2001 reverts to the general fund.

ADMINISTRATIVE IMPLICATIONS

It is expected some agency personnel would need to devote time to employer-employee relations.

CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP

This bill relates to SB49, Public Safety Employee Bargaining Act and before being amended, duplicated HB447.

JMG/gm