HB 1367-1_ Filed 02/18/2010, 08:58 Kenley

SENATE MOTION


MADAM PRESIDENT:

    I move
that Engrossed House Bill 1367 be amended to read as follows:

SOURCE: Page 5, line 31; (10)MO136735.5. -->     Page 5, line 31, after "any." insert " In determining whether a component has a fiscal impact, consideration shall be given to whether the component will increase costs to the state or a school corporation or require the state or school corporation to reallocate resources.".
    Page 6, between lines 2 and 3, begin a new paragraph and insert:
SOURCE: IC 20-40-8-11; (10)MO136735.5. -->     "SECTION 5. IC 20-40-8-11, AS ADDED BY P.L.2-2006, SECTION 163, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. Money in the fund may be used to pay for the purchase, lease, repair, or maintenance of equipment to be used by the school corporation. However, money in the fund may not be used to pay for the purchase, lease, repair, or maintenance of the following:
        (1) Except for maintenance vehicles, as determined by the department of education, in 2011, vehicles to be used for any purpose.
        (2) Except as provided in section 12 of this chapter, equipment to be used primarily for interscholastic or extracurricular activities.
SOURCE: IC 20-40-8-16; (10)MO136735.6. -->     SECTION 6. IC 20-40-8-16, AS ADDED BY P.L.2-2006, SECTION 163, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. (a) For purposes of this section, maintenance does not include janitorial or comparable routine services normally provided in the daily operation of the facilities or equipment.
    (b) Subject to this section, money in the fund may be used to pay for services of school corporation employees who are:
        (1) bricklayers;
        (2) stone masons;
        (3) cement masons;
        (4) tile setters;
        (5) glaziers;
        (6) insulation workers;
        (7) asbestos removers;
        (8) painters;
        (9) paperhangers;
        (10) drywall applicators and tapers;
        (11) plasterers;
        (12) pipe fitters;
        (13) roofers;
        (14) structural and steel workers;
        (15) metal building assemblers;
        (16) heating and air conditioning installers;
        (17) welders;
        (18) carpenters;
        (19) electricians; or
        (20) plumbers;
as these occupations are defined in the United States Department of Labor, Employment and Training Administration, Dictionary of Occupational Titles, Fourth Edition, Revised 1991.
    (c) Payment may be made under this section for employee services described in subsection (b) only if:
        (1) the employees perform:
            (A) construction of;
            (B) renovation of;
            (C) remodeling of;
            (D) repair of; or
            (E) maintenance on;
        the facilities and equipment specified in sections 10 and 11 of this chapter;
        (2) the total of all annual salaries and benefits paid by the school corporation to employees described in this section is at least six hundred thousand dollars ($600,000); and
        (3) the payment of the employees described in this section is included as part of the school corporation's proposed plan.
However, there is no minimum required amount under subdivision (2) for 2011.
    (d) The number of employees covered by this section is limited to the number of employee positions described in this section that existed in the school corporation on January 1, 1993.".
SOURCE: Page 6, line 6; (10)MO136735.6. -->     Page 6, line 6, delete "Capital Projects".
    Page 6, between lines 6 and 7, begin a new paragraph and insert:
    " Sec. 1. As used in this chapter, "general compensation increase":
        (1) includes an increase in salary, an increase in employee health insurance benefits, and an increase under IC 20-28-9; and
        (2) does not include the following:
            (A) An incidental or automatic increase caused by tax or

federal insurance contribution act provisions or an increase in the employer's contribution to the teachers' retirement fund or the public employees' retirement fund.
            (B) Reimbursements to teachers for completion of professional education development courses that are required by the department to remain a licensed teacher.
".
    Page 6, line 7, delete "1." and insert " 2.".
    Page 6, line 11, delete "A".
    Page 6, delete lines 12 through 18.
    Page 6, line 19, delete "2." and insert " 3.".
    Page 6, line 21, after "fund" insert " or transportation fund".
    Page 6, line 24, after "fund" insert " or transportation fund".
    Page 6, line 29, after "fund" insert " or transportation fund".
    Page 6, line 34, delete "and will" and insert " .".
    Page 6, delete lines 35 through 37.
    Page 6, line 42, after "fund" insert " or transportation fund".
    Page 7, line 15, delete "3." and insert " 4.".
    Page 7, line 17, delete "4." and insert " 5.".
    Page 7, line 22, delete "5." and insert " 6.".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1367 as printed February 17, 2010.)

________________________________________

Senator KENLEY


MO136735/DI 58
2010