Text: HF00172 Text: HF00174 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 20.1, subsection 5, Code 1997, is 1 2 amended to read as follows: 1 3 5. Providing mediators, fact finders,and arbitrators to 1 4 resolve impasses in negotiations. 1 5 Sec. 2. Section 20.3, subsection 5, Code 1997, is amended 1 6 by striking the subsection. 1 7 Sec. 3. Section 20.17, subsection 11, paragraph a, Code 1 8 1997, is amended to read as follows: 1 9 a. In the absence of an impasse agreement negotiated 1 10 pursuant to section 20.19 which provides for a different 1 11 completion date, public employees represented by a certified 1 12 employee organization,who areincluding teachers licensed 1 13 under chapter 272,andwho are employed by a public employer 1 14 which is a school district or area education agency shall 1 15 complete the negotiation of a proposed collective bargaining 1 16 agreement not later thanMay 31April 30 of the year when the 1 17 agreement is to become effective. The board shall provide, by 1 18 rule, a date on which impasse items in such cases must be 1 19 submitted to binding arbitration and for such other procedures 1 20 as deemed necessary to provide for the completion of 1 21 negotiations of proposed collective bargaining agreements not 1 22 later thanMay 31April 30. The date selected for the 1 23 mandatory submission of impasse items to binding arbitration 1 24 in such cases shall be sufficiently in advance ofMay 31April 1 25 30 to ensure that the arbitrators' decision can be reasonably 1 26 made beforeMay 31April 30. 1 27 Sec. 4. Section 20.19, Code 1997, is amended to read as 1 28 follows: 1 29 20.19 IMPASSE PROCEDURES – AGREEMENT OF PARTIES. 1 30 As the first step in the performance of their duty to 1 31 bargain, the public employer and the employee organization 1 32 shall endeavor to agree upon impasse procedures. Such 1 33 agreement shall provide for implementation of these impasse 1 34 procedures not later than one hundred twenty days prior to the 1 35 certified budget submission date of the public employer. 2 1However, if public employees represented by the employee2 2organization are teachers licensed under chapter 272, and the2 3public employer is a school district or area education agency,2 4the agreement shall provide for implementation of impasse2 5procedures not later than one hundred twenty days prior to May2 631 of the year when the collective bargaining agreement is to2 7become effective.If the public employer is a community 2 8 college, the agreement shall provide for implementation of 2 9 impasse procedures not later than one hundred twenty days 2 10 prior to May 31 of the year when the collective bargaining 2 11 agreement is to become effective. If the parties fail to 2 12 agree upon impasse procedures under the provisions of this 2 13 section, the impasse procedures provided in sections 20.20to2 14 and 20.22 shall apply. 2 15 Sec. 5. Section 20.20, Code 1997, is amended to read as 2 16 follows: 2 17 20.20 MEDIATION. 2 18 In the absence of an impasse agreement negotiated pursuant 2 19 to section 20.19 or the failure of either party to utilize its 2 20 procedures, one hundred twenty days prior to the certified 2 21 budget submission date,or one hundred twenty days prior to2 22May 31 of the year when the collective bargaining agreement is2 23to become effective if public employees represented by the2 24employee organization are teachers licensed under chapter 2722 25and the public employer is a school district or area education2 26agency,the board shall, upon the request of either party, 2 27 appoint an impartial and disinterested person to act as 2 28 mediator. If the public employer is a community college, and 2 29 in the absence of an impasse agreement negotiated pursuant to 2 30 section 20.19 or the failure of either party to utilize its 2 31 procedures, one hundred twenty days prior to May 31 of the 2 32 year when the collective bargaining agreement is to become 2 33 effective, the board, upon the request of either party, shall 2 34 appoint an impartial and disinterested person to act as 2 35 mediator. It shall be the function of the mediator to bring 3 1 the parties together to effectuate a settlement of the 3 2 dispute, but the mediator may not compel the parties to agree. 3 3 Sec. 6. Section 20.22, subsection 1, Code 1997, is amended 3 4 to read as follows: 3 5 1. If an impasse persists afterthe findings of fact and3 6recommendations are made public by the fact-finderat least 3 7 ten days following the effective date of the appointment of 3 8 the mediator, the parties may continue to negotiate or,the 3 9 board shall have the power, upon request of either party, to 3 10 arrange for arbitration, which shall be binding. The request 3 11 for arbitration shall be in writing and a copy of the request 3 12 shall be served upon the other party. 3 13 Sec. 7. Section 20.22, subsection 3, Code 1997, is amended 3 14 to read as follows: 3 15 3. The submission of the impasse items to the arbitrators 3 16 shall be limited to those issuesthat had been considered by3 17the fact-finder andupon which the parties have not reached 3 18 agreement. With respect to each such item, the arbitration 3 19 board award shall be restricted to the final offers on each 3 20 impasse item submitted by the parties to the arbitration board 3 21or to the recommendation of the fact-finder on each impasse3 22item. 3 23 Sec. 8. Section 20.22, subsection 11, Code 1997, is 3 24 amended to read as follows: 3 25 11. A majority of the panel of arbitrators shall select 3 26 within fifteen days after its first meeting the most 3 27 reasonable offer, in its judgment, of the final offers on each 3 28 impasse item submitted by the parties, or the recommendations3 29of the fact-finder on each impasse item. 3 30 Sec. 9. Section 24.17, unnumbered paragraph 1, Code 1997, 3 31 is amended to read as follows: 3 32 The local budgets of the various political subdivisions 3 33 shall be certified by the chairperson of the certifying board 3 34 or levying board, as the case may be, in duplicate to the 3 35 county auditor not later than March 15 of each year on blanks 4 1 prescribed by the state board, and according to the rules and 4 2 instruction which shall be furnished all certifying and 4 3 levying boards in printed form by the state board or city 4 4 finance committee in the case of cities. However, if a city 4 5 or county holds a special levy election, the certification 4 6 shall be not later than fourteen days following the special 4 7 levy election, and if the political subdivision is a school 4 8 district, as defined in section 257.2, its budget shall be 4 9 certified not later thanApril 15April 30 of each year. 4 10 Sec. 10. Section 24.27, Code 1997, is amended to read as 4 11 follows: 4 12 24.27 PROTEST TO BUDGET. 4 13 Not later than March 25 orApril 25May 10 if the 4 14 municipality is a school district, a number of persons in any 4 15 municipality equal to one-fourth of one percent of those 4 16 voting for the office of governor, at the last general 4 17 election in the municipality, but the number shall not be less 4 18 than ten, and the number need not be more than one hundred 4 19 persons, who are affected by any proposed budget, expenditure 4 20 or tax levy, or by any item thereof, may appeal from any 4 21 decision of the certifying board or the levying board by 4 22 filing with the county auditor of the county in which the 4 23 municipal corporation is located, a written protest setting 4 24 forth their objections to the budget, expenditure or tax levy, 4 25 or to one or more items thereof, and the grounds for their 4 26 objections. If a budget is certified after March 15 orApril4 2715April 30 in the case of a school district, all appeal time 4 28 limits shall be extended to correspond to allowances for a 4 29 timely filing. Upon the filing of a protest, the county 4 30 auditor shall immediately prepare a true and complete copy of 4 31 the written protest, together with the budget, proposed tax 4 32 levy or expenditure to which objections are made, and shall 4 33 transmit them forthwith to the state board, and shall also 4 34 send a copy of the protest to the certifying board or to the 4 35 levying board, as the case may be. 5 1 Sec. 11. Section 76.2, unnumbered paragraph 2, Code 1997, 5 2 is amended to read as follows: 5 3 If the resolution is filed prior to April 1 orMay 1May 5 4 15, if the political subdivision is a school district, the 5 5 annual levy shall begin with the tax levy for collection 5 6 commencing July 1 of that year. If the resolution is filed 5 7 after April 1 orMay 1May 15, in the case of a school 5 8 district, the annual levy shall begin with the tax levy for 5 9 collection in the next succeeding fiscal year. However, the 5 10 governing authority of a political subdivision may adjust a 5 11 levy of taxes made under this section for the purpose of 5 12 adjusting the annual levies and collections for property 5 13 severed from the political subdivision, subject to the 5 14 approval of the director of the department of management. 5 15 Sec. 12. Section 257.19, unnumbered paragraph 2, Code 5 16 1997, is amended to read as follows: 5 17 Certification of a board's intent to participate for a 5 18 budget year, the method of funding, and the amount to be 5 19 raised shall be made to the department of management not later 5 20 thanApril 15April 30 of the base year. Funding for the 5 21 instructional support program shall be obtained from 5 22 instructional support state aid and from local funding using 5 23 either an instructional support property tax or a combination 5 24 of an instructional support property tax and an instructional 5 25 support income surtax. 5 26 Sec. 13. Section 257.29, unnumbered paragraph 2, Code 5 27 1997, is amended to read as follows: 5 28 The educational improvement program shall provide 5 29 additional revenues each fiscal year equal to a specified 5 30 percent of the regular program district cost of the district, 5 31 as determined by the board but not more than the maximum 5 32 percent authorized by the electors if an election has been 5 33 held. Certification of a district's participation for a 5 34 budget year, the method of funding, and the amount to be 5 35 raised shall be made to the department of management not later 6 1 thanApril 15April 30 of the base year. 6 2 Sec. 14. Section 279.15, subsection 1, Code 1997, is 6 3 amended to read as follows: 6 4 1. The superintendent or the superintendent's designee 6 5 shall notify the teacher not later thanApril 30May 15 that 6 6 the superintendent will recommend in writing to the board at a 6 7 regular or special meeting of the board, held not later than 6 8May 15May 31, that the teacher's continuing contract be 6 9 terminated effective at the end of the current school year. 6 10 However, if the district is subject to reorganization under 6 11 chapter 275, the notification shall not occur until after the 6 12 first organizational meeting of the board of the newly formed 6 13 district. 6 14 Sec. 15. Section 279.16, unnumbered paragraph 6, Code 6 15 1997, is amended to read as follows: 6 16 If the teacher fails to timely request a private hearing or 6 17 does not appear at the private hearing, the board may proceed 6 18 and make a determination upon the superintendent's 6 19 recommendation. If the teacher fails to timely file a request 6 20 for a private hearing, the determination shall be not later 6 21 thanMay 31June 15. If the teacher fails to appear at the 6 22 private hearing, the determination shall be not later than 6 23 five days after the scheduled date for the private hearing. 6 24 The board shall convene in open session and by roll call vote 6 25 determine the termination or continuance of the teacher's 6 26 contract. 6 27 Sec. 16. Section 279.54, unnumbered paragraph 1, Code 6 28 1997, is amended to read as follows: 6 29 If a majority of those voting in an election approves 6 30 raising the additional enrichment amount for an asbestos 6 31 project under section 279.53 and this section, not later than 6 32April 15April 30 of the previous school year the board shall 6 33 certify to the department of management that the required 6 34 procedures have been carried out, the method of funding the 6 35 amount to be raised, and the department of management shall 7 1 establish the amount of additional enrichment property tax to 7 2 be levied or the amount of the combination of the enrichment 7 3 property tax and the amount of enrichment income surtax to be 7 4 imposed for each school year for which the additional 7 5 enrichment amount for an asbestos project is authorized. The 7 6 enrichment property tax and income surtax, if an income surtax 7 7 is imposed, shall be levied and imposed, collected, and paid 7 8 to the school district in the manner provided for the 7 9 instructional support program in sections 257.21 through 7 10 257.26. 7 11 Sec. 17. Section 294A.9, unnumbered paragraph 5, Code 7 12 1997, is amended to read as follows: 7 13 If the school district or area education agency is 7 14 organized under chapter 20 for collective bargaining purposes, 7 15 the board of directors and certified bargaining representative 7 16 for the licensed employees shall mutually agree upon a formula 7 17 for distributing the phase II allocation among the teachers. 7 18 For the school year beginning July 1, 1987, only, the parties 7 19 shall follow the procedures specified in chapter 20 except 7 20 that if the parties reach an impasse, neither impasse 7 21 procedures agreed to by the parties nor sections 20.20through7 22 and 20.22 shall apply and the phase II allocation shall be 7 23 divided as provided in section 294A.10. Negotiations under 7 24 this section are subject to the scope of negotiations 7 25 specified in section 20.9. If a board of directors and 7 26 certified bargaining representative for licensed employees 7 27 have not reached mutual agreement by July 15, 1987 for the 7 28 distribution of the phase II payment, section 294A.10 will 7 29 apply. 7 30 Sec. 18. Section 298.2, subsection 2, Code 1997, is 7 31 amended to read as follows: 7 32 2. The board of directors of a school district may certify 7 33 for levy byApril 15April 30 of a school year a tax on all 7 34 taxable property in the school district for the regular 7 35 physical plant and equipment levy. 8 1 Sec. 19. Section 298.2, subsection 3, unnumbered paragraph 8 2 2, Code 1997, is amended to read as follows: 8 3 If a combination of a property tax and income surtax is 8 4 used, byApril 15April 30 of the previous school year, the 8 5 board shall certify the percent of the income surtax to be 8 6 imposed and the amount to be raised to the department of 8 7 management and the department of management shall establish 8 8 the rate of the property tax and income surtax for the school 8 9 year. The physical plant and equipment property tax and 8 10 income surtax shall be levied or imposed, collected, and paid 8 11 to the school district in the manner provided for the 8 12 instructional support program in sections 257.21 through 8 13 257.26. 8 14 Sec. 20. Section 298.4, unnumbered paragraph 1, Code 1997, 8 15 is amended to read as follows: 8 16 The board of directors of a school district may certify for 8 17 levy byApril 15April 30 of a school year, a tax on all 8 18 taxable property in the school district for a district 8 19 management levy. The revenue from the tax levied in this 8 20 section shall be placed in the district management levy fund 8 21 of the school district. The district management levy shall be 8 22 expended only for the following purposes: 8 23 Sec. 21. Section 298.10, Code 1997, is amended to read as 8 24 follows: 8 25 298.10 LEVY FOR CASH RESERVE. 8 26 The board of directors of a school district may certify for 8 27 levy byApril 15April 30 of a school year, a tax on all 8 28 taxable property in the school district in order to raise an 8 29 amount for a necessary cash reserve for a school district's 8 30 general fund. The amount raised for a necessary cash reserve 8 31 does not increase a school district's authorized expenditures 8 32 as defined in section 257.7. 8 33 Sec. 22. Section 300.2, unnumbered paragraph 2, Code 1997, 8 34 is amended to read as follows: 8 35 If a majority of the votes cast upon the proposition is in 9 1 favor of the proposition, the board shall certify the amount 9 2 required for a fiscal year to the county board of supervisors 9 3 byApril 15April 30 of the preceding fiscal year. The board 9 4 of supervisors shall levy the amount certified. The amount 9 5 shall be placed in the public education and recreation levy 9 6 fund of the district and shall be used only for the purposes 9 7 specified in this chapter. 9 8 Sec. 23. Section 20.21, Code 1997, is repealed. 9 9 EXPLANATION 9 10 This bill eliminates fact-finding as a method of resolving 9 11 an impasse concerning collective bargaining for public 9 12 employees. 9 13 The bill changes from May 31 to April 30 the date that 9 14 collective bargaining for employees of a school district or 9 15 area education agency, including teachers, must be completed. 9 16 The bill also provides that, for teachers, an agreement by the 9 17 parties on impasse procedures must be implemented no later 9 18 than 120 days prior to the certified budget submission date 9 19 for the public employer instead of the current 120 days prior 9 20 to May 31. If impasse procedures are not agreed upon or 9 21 followed in regards to teachers, the bill also provides that a 9 22 mediator can be appointed 120 days prior to the certified 9 23 budget submission date for the public employer instead of the 9 24 current 120 days prior to May 31. 9 25 The bill also provides that binding arbitration can be 9 26 requested by the parties in all public employee negotiations 9 27 after 10 days following appointment of a mediator. Currently, 9 28 public employees that are not teachers can request binding 9 29 arbitration after fact-finding and the 10-day provision only 9 30 applies to teachers pursuant to the administrative rules. 9 31 The bill also changes the budget certification date for 9 32 school districts from April 15 to April 30, and adjusts the 9 33 time guidelines for other related budgetary requirements and 9 34 the time for a protest to the budget accordingly. 9 35 The bill also changes the date for notice of teacher 10 1 terminations from April 30 to May 15, and adjusts the time 10 2 guidelines for other related matters accordingly. 10 3 LSB 1702HH 77 10 4 ec/jj/8
Text: HF00172 Text: HF00174 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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