HB 1001-.072_ Filed 04/20/2011, 10:55 Boots
Adopted 4/20/2011

SENATE MOTION


MADAM PRESIDENT:

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

SOURCE: Page 84, line 11; (11)MO1001578.84. -->     Page 84, line 11, delete "PSAT" and insert " College Board".
    Page 84, line 14, delete "PSAT" and insert " College Board".
    Page 215, between lines 17 and 18, begin a new paragraph and insert:
SOURCE: IC 20-29-4-1; (11)MO1001578.170. -->     "SECTION 170. IC 20-29-4-1, AS AMENDED BY SEA 575-2011, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. School employees may:
        (1) form, join, or assist school employee organizations;
        (2) participate in collective bargaining with school employers through representatives of their own choosing; and
        (3) engage in other activities, individually or in concert;
to establish, maintain, or improve salaries, wages, hours, salary and wage related fringe benefits, and other matters set forth in IC 20-29-6-4 and IC 20-29-6-5.
SOURCE: IC 20-29-6-12; (11)MO1001578.171. -->     SECTION 171. IC 20-29-6-12, AS AMENDED BY SEA 575-2011, SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 12. Formal collective bargaining between a school corporation and the exclusive representative shall not begin before:
         (1) August 1 in the first year of the state budget biennium; or
        (2) August 1 in the second year of the state budget biennium if the parties agreed to a one (1) year contract during the first year of the state budget biennium or the contract provides for renegotiating certain financial items the second year of a two (2) year contract.

Informal negotiations may be held before August 1.
SOURCE: IC 20-29-6-12.5; (11)MO1001578.172. -->     SECTION 172. IC 20-29-6-12.5, AS ADDED BY SEA 575-2011, SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 12.5. (a) Before August 1 of the first year of the state budget biennium, the department shall provide the parties with an estimate of the general fund revenue available for

bargaining in the school corporation from the school funding formula.
    (b)
Within thirty (30) days after the date of the first state ADM count date of the school year in the first year of the state budget biennium, the department shall provide the parties with a certification of estimated general fund revenue available for bargaining from the school funding formula. A school employer that has passed a general fund operating referendum under IC 20-46-1 must have that amount certified by the department of local government finance. The school corporation must obtain the certification before the commencement of bargaining. These certifications must be the basis for determinations throughout impasse proceedings under this chapter.

SOURCE: IC 20-29-6-13; (11)MO1001578.173. -->     SECTION 173. IC 20-29-6-13, AS 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 from the board's staff or an ad hoc panel.
    (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 20-29-6-15.1; (11)MO1001578.174. -->     SECTION 174. IC 20-29-6-15.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 15.1. (a) If an agreement has not been reached on the items permitted to be bargained collectively under section 4 of this chapter, within fifteen (15) days after mediation under section 13 of this chapter has ended, the board shall initiate factfinding.
    (b) Factfinding must culminate in the factfinder imposing contract terms on the parties. The factfinder must select one (1) party's last best offer as the contract terms. The factfinder's order must be restricted to only those items permitted to be bargained and included in the collective bargaining agreement under section 4 of this chapter and must not put the employer in a position of deficit financing, as defined in IC 20-29-2-6. The factfinder's order may not impose terms beyond those proposed by the parties in their last, best offers.
    (c) Costs for the factfinder shall be borne equally by the parties.
    (d) Factfinding may not last longer than fifteen (15) days.

SOURCE: IC 20-29-6-16; (11)MO1001578.175. -->     SECTION 175. IC 20-29-6-16, AS AMENDED BY SEA 575-2011, SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 16. (a) If an agreement has not been reached on the items to be bargained collectively by November 1, as provided in IC 6-1.1-17-5, the parties shall continue the status quo, terms of the current contract that is in effect, and the school employer may issue tentative individual contracts and prepare its budget on that basis. During this status quo period, in order to allow the successful resolution of the dispute, the school employer may not unilaterally change the terms or conditions of employment that are issues in dispute.
     (b) During the bargaining process, Upon the expiration of the current contract that is in effect, the school employer shall continue under the terms of the current contract that is in effect, with no increase or increment in salary, wages, or benefits for any bargaining unit employee until a new contract is executed, unless continuation of the status quo would put the school employer in a position of deficit financing due to a reduction in the employer's actual general fund revenue or an increase in an employer's expenditures when the expenditures exceed the current year actual general fund revenue.
    (c) The only parts of the contract that must continue in status quo under this section are the items contained in the contract and listed in section 4 of this chapter.
    (d) This section may not be construed as relieving the school employer or the school employee organization from the duty to bargain collectively until a mutual agreement has been reached and a contract entered as called for in this chapter.
SOURCE: IC 20-29-8-7; (11)MO1001578.176. -->     SECTION 176. IC 20-29-8-7, AS AMENDED BY SEA 575-2011, SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7. (a) When a factfinder is requested or required under IC 20-29-6, the board shall appoint a factfinder from the staff or panel established under section 6 of this chapter.
    (b) The factfinder shall make an investigation and hold hearings as the factfinder considers necessary in connection with a dispute.
    (c) The factfinder:
        (1) may restrict the factfinder's findings to those issues that the factfinder determines significant;
        (2) must restrict the findings to the items listed in IC 20-29-6-4; and
        (3) may not impose terms beyond those proposed by the parties in their last, best offers.
    (d) The factfinder may use evidence furnished to the factfinder by:
        (1) the parties;
        (2) the board;
        (3) the board's staff; or
        (4) any other state agency.
    (e) The factfinder shall conduct the factfinding hearing in public in a room or facility owned by the county or local unit of government 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's schools reside. The public hearing may begin not earlier than October 1 in the first year of the state budget biennium and must be concluded by December 31 of the same year.
    (f) The factfinding process may not exceed fifteen (15) days from beginning to end, and not more than two (2) of those days may be used for public testimony, which may be taken at the discretion of the factfinder. During the public hearing, each party shall present fully its last, best offer, including the fiscal rationale for the offer. Only general operating funds and those funds certified by the department of education and the department of local government finance may be considered as a source of the finding funding for items, unless the school funding formula allows other funds to be used for certain items.
    (g) The factfinder shall make a recommendation as to the settlement of the disputes over which the factfinder has jurisdiction.
    (h) The factfinder shall:
        (1) make the investigation, hearing, and findings as expeditiously as the circumstances permit; and
        (2) deliver the findings to the parties and to the board.
    (i) The board, after receiving the findings and recommendations, may make additional findings and recommendations to the parties based on information in:
        (1) the report; or
        (2) the board's own possession.
The board may not make any recommendations to the parties related to any items not specifically identified in IC 20-29-6-4.
    (j) At any time within five (5) days after the findings and recommendations are delivered to the board, the board may make the findings and recommendations of the factfinder and the board's additional findings and recommendations, if any, available to the public through news media and other means the board considers effective.
    (k) The board shall make the findings and recommendations described in subsection (j) available to the public not later than ten (10) days after the findings and recommendations are delivered to the board.
SOURCE: IC 20-29-8-10.1; (11)MO1001578.177. -->     SECTION 177. IC 20-29-8-10.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 10.1. A person who has served as a mediator in a dispute between a school employer and an exclusive representative may not serve as a factfinder in a dispute arising in the same school corporation within a period of five (5) years except by the mutual consent of the parties.
SOURCE: IC 20-29-8-13.1; (11)MO1001578.178. -->     SECTION 178. IC 20-29-8-13.1 IS ADDED IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 13.1. (a) The investigation, hearing, and findings of the factfinder must be:
        (1) made as expeditiously as the circumstances allow; and
        (2) delivered to the parties and to the board.
    (b) The board, after receiving the findings and recommendations under subsection (a), may make additional findings and recommendations to the parties based upon information in the report or in the board's possession. The board may not make any recommendations to the parties related to any items not specifically identified in IC 20-29-6-4 and may not address items beyond those proposed by the parties in their last, best offers.
    (c) The board:
        (1) may, at any time within five (5) days; and
        (2) shall, within ten (10) days;
after receiving the findings and recommendations delivered under subsection (a), make the findings and recommendations of the factfinder and the board's additional findings and recommendations, if any, available to the public through the news media and any other means.
".
SOURCE: Page 218, line 13; (11)MO1001578.218. -->     Page 218, delete lines 13 through 21, begin a new paragraph and insert:
SOURCE: IC 20-40-8-11; (11)MO1001578.178. -->     "SECTION 178. IC 20-40-8-11, AS AMENDED BY SEA 575-2011, SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: 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) Vehicles to be used for any purpose. other than maintenance vehicles.
        (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; (11)MO1001578.179. -->     SECTION 179. IC 20-40-8-16, AS AMENDED BY SEA-575-2011, SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: 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; and
         (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
        
(2) (3) the payment of the employees described in this section is included as part of the school corporation's proposed plan.
     (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 251, line 9; (11)MO1001578.251. -->     Page 251, between lines 9 and 10, begin a new paragraph and insert:

SOURCE: IC 20-29-8-12; IC 20-29-8-22.
; (11)MO1001578.251. -->     "SECTION 251. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 20-29-8-12; IC 20-29-8-22.
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1001 as printed April 19, 2011.)

________________________________________

Senator BOOTS


MO1001578/DI 71
2011