HB 1001-.066_ Filed 04/20/2011, 10:41 Tallian

SENATE MOTION


MADAM PRESIDENT:

    I move
that Engrossed House Bill 1001 be amended to read as follows:

SOURCE: Page 215, line 17; (11)MO1001569.215. -->     Page 215, between lines 17 and 18, begin a new paragraph and insert:
SOURCE: IC 20-29-6-13; (11)MO1001569.170. -->     "SECTION 170. IC 20-29-6-13, AS ADDED BY P.L.1-2005, SECTION 13, AND AMENDED BY SEA 575-2011, SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 13. (a) At any time after at least sixty (60) days following the beginning of formal bargaining collectively between the parties, an impasse is declared, and the board shall appoint a mediator an arbitrator from the board's staff if either party declares an impasse in the collective bargaining process.
    (b) The mediator shall begin mediation with fifteen (15) days after the board receives notice of impasse.
    (c) The mediation must consist of not more than three (3) mediation sessions and must result in one (1) of the following:
        (1) An agreement between the parties on the items permitted to be bargained under section 4 of this chapter.
        (2) Each party's last best offer, including fiscal rationale, related to items permitted to be bargained under section 4 of this chapter.
    (d) Costs for the mediator shall be borne equally by the parties.
    (e) Mediation shall be completed within thirty (30) days.
SOURCE: IC 20-29-8-15; (11)MO1001569.171. -->     SECTION 171. IC 20-29-8-15 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 15. If an agreement has not been reached on the items to be bargained collectively before the existing agreement expires:
        (1) the arbitration process under section 16 of this chapter commences; and
        (2) the terms of the existing contract continue until a new contract is determined under section 16 of this chapter.

SOURCE: IC 20-29-8-16; (11)MO1001569.172. -->     SECTION 172. IC 20-29-8-16 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 16. (a) If either party requests an arbitrator under IC 20-29-6-13 or if the existing contract expires, the board shall appoint an arbitrator to:
        (1) conduct hearings;
        (2) mediate between the parties; and
        (3) render a decision establishing a contract, if necessary.
    (b) The arbitrator shall hold public hearings for five (5) days in a public room owned by the county that is located in the county in which the school employer is located, or, if the school employer is located in more than one (1) county, in the county in which the greatest number of students who attend the school employer reside. The public hearings must begin not less than thirty (30) days after a party requests the appointment of an arbitrator. During the public hearings, each party shall present fully its position on bargainable items for the contract, with each item considered for its impact on the school employer's financial position. Only general operating funds under the state funding formula may be considered as a source of funding for items, unless the school funding formula allows other funds to be used for certain items. A bargainable item, or more than one (1) bargainable item taken together, may not cause a school employer to engage in deficit financing.
    (c) After the public hearings under subsection (b) conclude, the arbitrator shall hold not more than five (5) days of private meetings between the parties, mediating between the parties to reconcile the differences in the positions the parties hold on bargainable items. During the meetings under this subsection, neither the parties nor the arbitrator may make a public statement on the discussions held during the meetings.
    (d) If after five (5) days of meetings under subsection (c) the parties have not agreed upon a contract, the arbitrator shall, not later than five (5) days after the conclusion of the meetings, issue an order establishing the terms of the contract, which may not require the school employer to engage in deficit financing. The parties shall accept the arbitrator's decision as the contract between the parties.
".

SOURCE: Page 250, line 48; (11)MO1001569.250. -->     Page 250, line 48, delete "IC 4-12-4-8." and insert "IC 4-12-4-8; IC 20-29-6-16; IC 20-29-6-18; IC 20-29-8-5; IC 20-29-8-7; IC 20-29-8-8.".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1001 as printed April 19, 2011.)

________________________________________

Senator TALLIAN


MO1001569/DI 102
2011