Text: HSB00247 Text: HSB00249 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 20.17, subsection 11, paragraph a, Code 1 2 1995, is amended to read as follows: 1 3 a. In the absence of an impasse agreement negotiated 1 4 pursuant to section 20.19 which provides for a different 1 5 completion date, public employees represented by a certified 1 6 employee organization, who are teachers licensed under chapter 1 7 272, and who are employed by a public employer which is a 1 8 school district or area education agency, shall complete the 1 9 negotiation of a proposed collective bargaining agreement not 1 10 later thanMay 31June 15 of the year when the agreement is to 1 11 become effective. The board shall provide, by rule, a date on 1 12 which impasse items in such cases must be submitted to binding 1 13 arbitration and for such other procedures as deemed necessary 1 14 to provide for the completion of negotiations of proposed 1 15 collective bargaining agreements not later thanMay 31June 1 16 15. The date selected for the mandatory submission of impasse 1 17 items to binding arbitration in such cases shall be 1 18 sufficiently in advance ofMay 31June 15 to ensure that the 1 19 arbitrators' decision can be reasonably made beforeMay 311 20 June 15. 1 21 Sec. 2. Section 20.19, Code 1995, is amended to read as 1 22 follows: 1 23 20.19 IMPASSE PROCEDURES &endash; AGREEMENT OF PARTIES. 1 24 As the first step in the performance of their duty to 1 25 bargain, the public employer and the employee organization 1 26 shall endeavor to agree upon impasse procedures. Such 1 27 agreement shall provide for implementation of these impasse 1 28 procedures not later than one hundred twenty days prior to the 1 29 certified budget submission date of the public employer. 1 30 However, if public employees represented by the employee 1 31 organization are teachers licensed under chapter 272, and the 1 32 public employer is a school district or area education agency, 1 33 the agreement shall provide for implementation of impasse 1 34 procedures not later than one hundred twenty days prior toMay1 3531June 15 of the year when the collective bargaining 2 1 agreement is to become effective. If the public employer is a 2 2 community college, the agreement shall provide for 2 3 implementation of impasse procedures not later than one 2 4 hundred twenty days prior to May 31 of the year when the 2 5 collective bargaining agreement is to become effective. If 2 6 the parties fail to agree upon impasse procedures under the 2 7 provisions of this section, the impasse procedures provided in 2 8 sections 20.20 to 20.22 shall apply. 2 9 Sec. 3. Section 20.20, Code 1995, is amended to read as 2 10 follows: 2 11 20.20 MEDIATION. 2 12 In the absence of an impasse agreement negotiated pursuant 2 13 to section 20.19 or the failure of either party to utilize its 2 14 procedures, one hundred twenty days prior to the certified 2 15 budget submission date, or one hundred twenty days prior to 2 16May 31June 15 of the year when the collective bargaining 2 17 agreement is to become effective if public employees 2 18 represented by the employee organization are teachers licensed 2 19 under chapter 272 and the public employer is a school district 2 20 or area education agency, the board shall, upon the request of 2 21 either party, appoint an impartial and disinterested person to 2 22 act as mediator. If the public employer is a community 2 23 college, and in the absence of an impasse agreement negotiated 2 24 pursuant to section 20.19 or the failure of either party to 2 25 utilize its procedures, one hundred twenty days prior to May 2 26 31 of the year when the collective bargaining agreement is to 2 27 become effective, the board, upon the request of either party, 2 28 shall appoint an impartial and disinterested person to act as 2 29 mediator. It shall be the function of the mediator to bring 2 30 the parties together to effectuate a settlement of the 2 31 dispute, but the mediator may not compel the parties to agree. 2 32 Sec. 4. Section 24.17, unnumbered paragraph 1, Code 1995, 2 33 is amended to read as follows: 2 34 The local budgets of the various political subdivisions 2 35 shall be certified by the chairperson of the certifying board 3 1 or levying board, as the case may be, in duplicate to the 3 2 county auditor not later than March 15 of each year on blanks 3 3 prescribed by the state board, and according to the rules and 3 4 instruction which shall be furnished all certifying and 3 5 levying boards in printed form by the state board or city 3 6 finance committee in the case of cities. However, if a city 3 7 or county holds a special levy election, the certification 3 8 shall be not later than fourteen days following the special 3 9 levy election, and if the political subdivision is a school 3 10 district, as defined in section 257.2, its budget shall be 3 11 certified not later thanApril 15April 30 of each year. 3 12 Sec. 5. Section 24.27, Code 1995, is amended to read as 3 13 follows: 3 14 24.27 PROTEST TO BUDGET. 3 15 Not later than March 25 orApril 25May 10 if the 3 16 municipality is a school district, a number of persons in any 3 17 municipality equal to one-fourth of one percent of those 3 18 voting for the office of governor, at the last general 3 19 election in the municipality, but the number shall not be less 3 20 than ten, and the number need not be more than one hundred 3 21 persons, who are affected by any proposed budget, expenditure 3 22 or tax levy, or by any item thereof, may appeal from any 3 23 decision of the certifying board or the levying board by 3 24 filing with the county auditor of the county in which the 3 25 municipal corporation is located, a written protest setting 3 26 forth their objections to the budget, expenditure or tax levy, 3 27 or to one or more items thereof, and the grounds for their 3 28 objections. If a budget is certified after March 15 orApril3 2915April 30 in the case of a school district, all appeal time 3 30 limits shall be extended to correspond to allowances for a 3 31 timely filing. Upon the filing of a protest, the county 3 32 auditor shall immediately prepare a true and complete copy of 3 33 the written protest, together with the budget, proposed tax 3 34 levy or expenditure to which objections are made, and shall 3 35 transmit them forthwith to the state board, and shall also 4 1 send a copy of the protest to the certifying board or to the 4 2 levying board, as the case may be. 4 3 Sec. 6. Section 257.19, unnumbered paragraph 2, Code 1995, 4 4 is amended to read as follows: 4 5 Certification of a board's intent to participate for a 4 6 budget year, the method of funding, and the amount to be 4 7 raised shall be made to the department of management not later 4 8 thanApril 15April 30 of the base year. Funding for the 4 9 instructional support program shall be obtained from 4 10 instructional support state aid and from local funding using 4 11 either an instructional support property tax or a combination 4 12 of an instructional support property tax and an instructional 4 13 support income surtax. 4 14 Sec. 7. Section 257.29, unnumbered paragraph 2, Code 1995, 4 15 is amended to read as follows: 4 16 The educational improvement program shall provide 4 17 additional revenues each fiscal year equal to a specified 4 18 percent of the regular program district cost of the district, 4 19 as determined by the board but not more than the maximum 4 20 percent authorized by the electors if an election has been 4 21 held. Certification of a district's participation for a 4 22 budget year, the method of funding, and the amount to be 4 23 raised shall be made to the department of management not later 4 24 thanApril 15April 30 of the base year. 4 25 Sec. 8. Section 279.15, subsection 1, Code 1995, is 4 26 amended to read as follows: 4 27 1. The superintendent or the superintendent's designee 4 28 shall notify the teacher not later thanApril 30May 15 that 4 29 the superintendent will recommend in writing to the board at a 4 30 regular or special meeting of the board, held not later than 4 31May 15May 31, that the teacher's continuing contract be 4 32 terminated effective at the end of the current school year. 4 33 However, if the district is subject to reorganization under 4 34 chapter 275, the notification shall not occur until after the 4 35 first organizational meeting of the board of the newly formed 5 1 district. 5 2 Sec. 9. Section 279.16, unnumbered paragraph 6, Code 1995, 5 3 is amended to read as follows: 5 4 If the teacher fails to timely request a private hearing or 5 5 does not appear at the private hearing, the board may proceed 5 6 and make a determination upon the superintendent's 5 7 recommendation. If the teacher fails to timely file a request 5 8 for a private hearing, the determination shall be not later 5 9 thanMay 31June 15. If the teacher fails to appear at the 5 10 private hearing, the determination shall be not later than 5 11 five days after the scheduled date for the private hearing. 5 12 The board shall convene in open session and by roll call vote 5 13 determine the termination or continuance of the teacher's 5 14 contract. 5 15 Sec. 10. Section 279.54, unnumbered paragraph 1, Code 5 16 1995, is amended to read as follows: 5 17 If a majority of those voting in an election approves 5 18 raising the additional enrichment amount for an asbestos 5 19 project under section 279.53 and this section, not later than 5 20April 15April 30 of the previous school year the board shall 5 21 certify to the department of management that the required 5 22 procedures have been carried out, the method of funding the 5 23 amount to be raised, and the department of management shall 5 24 establish the amount of additional enrichment property tax to 5 25 be levied or the amount of the combination of the enrichment 5 26 property tax and the amount of enrichment income surtax to be 5 27 imposed for each school year for which the additional 5 28 enrichment amount for an asbestos project is authorized. The 5 29 enrichment property tax and income surtax, if an income surtax 5 30 is imposed, shall be levied and imposed, collected, and paid 5 31 to the school district in the manner provided for the 5 32 instructional support program in sections 257.21 through 5 33 257.26. 5 34 Sec. 11. Section 298.2, subsection 2, Code 1995, is 5 35 amended to read as follows: 6 1 2. The board of directors of a school district may certify 6 2 for levy byApril 15April 30 of a school year a tax on all 6 3 taxable property in the school district for the regular 6 4 physical plant and equipment levy. 6 5 Sec. 12. Section 298.2, subsection 3, unnumbered paragraph 6 6 2, Code 1995, is amended to read as follows: 6 7 If a combination of a property tax and income surtax is 6 8 used, byApril 15April 30 of the previous school year, the 6 9 board shall certify the percent of the income surtax to be 6 10 imposed and the amount to be raised to the department of 6 11 management and the department of management shall establish 6 12 the rate of the property tax and income surtax for the school 6 13 year. The physical plant and equipment property tax and 6 14 income surtax shall be levied or imposed, collected, and paid 6 15 to the school district in the manner provided for the 6 16 instructional support program in sections 257.21 through 6 17 257.26. 6 18 Sec. 13. Section 298.4, unnumbered paragraph 1, Code 1995, 6 19 is amended to read as follows: 6 20 The board of directors of a school district may certify for 6 21 levy byApril 15April 30 of a school year, a tax on all 6 22 taxable property in the school district for a district 6 23 management levy. The revenue from the tax levied in this 6 24 section shall be placed in the district management levy fund 6 25 of the school district. The district management levy shall be 6 26 expended only for the following purposes: 6 27 Sec. 14. Section 298.10, Code 1995, is amended to read as 6 28 follows: 6 29 298.10 LEVY FOR CASH RESERVE. 6 30 The board of directors of a school district may certify for 6 31 levy byApril 15April 30 of a school year, a tax on all 6 32 taxable property in the school district in order to raise an 6 33 amount for a necessary cash reserve for a school district's 6 34 general fund. The amount raised for a necessary cash reserve 6 35 does not increase a school district's authorized expenditures 7 1 as defined in section 257.7. 7 2 Sec. 15. Section 300.2, unnumbered paragraph 2, Code 1995, 7 3 is amended to read as follows: 7 4 If a majority of the votes cast upon the proposition is in 7 5 favor of the proposition, the board shall certify the amount 7 6 required for a fiscal year to the county board of supervisors 7 7 byApril 15April 30 of the preceding fiscal year. The board 7 8 of supervisors shall levy the amount certified. The amount 7 9 shall be placed in the public education and recreation levy 7 10 fund of the district and shall be used only for the purposes 7 11 specified in this chapter. 7 12 EXPLANATION 7 13 This bill changes from May 31 to June 15 the date that 7 14 collective bargaining for employees of a school district or 7 15 area education agency, including teachers, must be completed. 7 16 The bill also changes the budget certification date for 7 17 school districts from April 15 to April 30, and adjusts the 7 18 time guidelines for other related budgetary requirements and 7 19 the time for a protest to the budget accordingly. 7 20 The bill also changes the date for notice of teacher 7 21 terminations from April 30 to May 15, and adjusts the time 7 22 guidelines for other related matters accordingly. 7 23 LSB 2557YC 76 7 24 kh/jj/8
Text: HSB00247 Text: HSB00249 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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