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