Text: H01701 Text: H01703 Text: H01700 - H01799 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the Committee amendment, H-1618, to Senate 1 2 File 464, as amended, passed, and reprinted by the 1 3 Senate, as follows: 1 4 #1. Page 4, by inserting after line 4 the 1 5 following: 1 6 "Of the funds appropriated in this subsection, the 1 7 department of education shall use not more than 1 8 $10,000 for purposes of assisting area education 1 9 agencies and school districts in implementing 1 10 modifications in the time guidelines applicable to 1 11 collective bargaining by certain employees, the 1 12 submission of budgets, and teacher termination 1 13 notices, as provided in this Act." 1 14 #2. Page 21, by inserting after line 42 the 1 15 following: 1 16 "Sec. 101. Section 20.17, subsection 11, paragraph 1 17 a, Code 1999, is amended to read as follows: 1 18 a. In the absence of an impasse agreement 1 19 negotiated pursuant to section 20.19 which provides 1 20 for a different completion date, public employees 1 21 represented by a certified employee organization,who1 22areincluding teachers licensed under chapter 272,and1 23 who are employed by a public employer which is a 1 24 school district or area education agency shall 1 25 complete the negotiation of a proposed collective 1 26 bargaining agreement not later thanMay 31March 15 of 1 27 the year when the agreement is to become effective. 1 28 The board shall provide, by rule, a date on which 1 29 impasse items in such cases must be submitted to 1 30 binding arbitration and for such other procedures as 1 31 deemed necessary to provide for the completion of 1 32 negotiations of proposed collective bargaining 1 33 agreements not later thanMay 31March 15. The date 1 34 selected for the mandatory submission of impasse items 1 35 to binding arbitration in such cases shall be 1 36 sufficiently in advance ofMay 31March 15 to ensure 1 37 that the arbitrators' decision can be reasonably made 1 38 beforeMay 31March 15. 1 39 Sec. 102. Section 20.19, Code 1999, is amended to 1 40 read as follows: 1 41 20.19 IMPASSE PROCEDURES – AGREEMENT OF PARTIES. 1 42 As the first step in the performance of their duty 1 43 to bargain, the public employer and the employee 1 44 organization shall endeavor to agree upon impasse 1 45 procedures. Such agreement shall provide for 1 46 implementation of these impasse procedures not later 1 47 than one hundred twenty days prior to the certified 1 48 budget submission date of the public employer. 1 49However, if public employees represented by the1 50employee organization are teachers licensed under2 1chapter 272, and the public employer is a school2 2district or area education agency, the agreement shall2 3provide for implementation of impasse procedures not2 4later than one hundred twenty days prior to May 31 of2 5the year when the collective bargaining agreement is2 6to become effective.If the public employer is a 2 7 community college, the agreement shall provide for 2 8 implementation of impasse procedures not later than 2 9 one hundred twenty days prior to May 31 of the year 2 10 when the collective bargaining agreement is to become 2 11 effective. If the parties fail to agree upon impasse 2 12 procedures under the provisions of this section, the 2 13 impasse procedures provided in sections 20.20 to 20.22 2 14 shall apply. 2 15 Sec. 103. Section 20.20, Code 1999, is amended to 2 16 read as follows: 2 17 20.20 MEDIATION. 2 18 In the absence of an impasse agreement negotiated 2 19 pursuant to section 20.19 or the failure of either 2 20 party to utilize its procedures, one hundred twenty 2 21 days prior to the certified budget submission date,or2 22one hundred twenty days prior to May 31 of the year2 23when the collective bargaining agreement is to become2 24effective if public employees represented by the2 25employee organization are teachers licensed under2 26chapter 272 and the public employer is a school2 27district or area education agency,the board shall, 2 28 upon the request of either party, appoint an impartial 2 29 and disinterested person to act as mediator. If the 2 30 public employer is a community college, and in the 2 31 absence of an impasse agreement negotiated pursuant to 2 32 section 20.19 or the failure of either party to 2 33 utilize its procedures, one hundred twenty days prior 2 34 to May 31 of the year when the collective bargaining 2 35 agreement is to become effective, the board, upon the 2 36 request of either party, shall appoint an impartial 2 37 and disinterested person to act as mediator. It shall 2 38 be the function of the mediator to bring the parties 2 39 together to effectuate a settlement of the dispute, 2 40 but the mediator may not compel the parties to agree. 2 41 Sec. 104. Section 24.17, unnumbered paragraph 1, 2 42 Code 1999, is amended to read as follows: 2 43 The local budgets of the various political 2 44 subdivisions shall be certified by the chairperson of 2 45 the certifying board or levying board, as the case may 2 46 be, in duplicate to the county auditor not later than 2 47 March 15 of each year on forms, and pursuant to 2 48 instructions, prescribed by the department of 2 49 management.However, if the political subdivision is2 50a school district, as defined in section 257.2, its3 1budget shall be certified not later than April 15 of3 2each year.3 3 Sec. 105. Section 24.27, Code 1999, is amended to 3 4 read as follows: 3 5 24.27 PROTEST TO BUDGET. 3 6 Not later than March 25or April 25 if the3 7municipality is a school district, a number of persons 3 8 in any municipality equal to one-fourth of one percent 3 9 of those voting for the office of governor, at the 3 10 last general election in the municipality, but the 3 11 number shall not be less than ten, and the number need 3 12 not be more than one hundred persons, who are affected 3 13 by any proposed budget, expenditure or tax levy, or by 3 14 any item thereof, may appeal from any decision of the 3 15 certifying board or the levying board by filing with 3 16 the county auditor of the county in which the 3 17 municipal corporation is located, a written protest 3 18 setting forth their objections to the budget, 3 19 expenditure or tax levy, or to one or more items 3 20 thereof, and the grounds for their objections. If a 3 21 budget is certified after March 15or April 15 in the3 22case of a school district, all appeal time limits 3 23 shall be extended to correspond to allowances for a 3 24 timely filing. Upon the filing of a protest, the 3 25 county auditor shall immediately prepare a true and 3 26 complete copy of the written protest, together with 3 27 the budget, proposed tax levy or expenditure to which 3 28 objections are made, and shall transmit them forthwith 3 29 to the state board, and shall also send a copy of the 3 30 protest to the certifying board or to the levying 3 31 board, as the case may be. 3 32 Sec. 106. Section 76.2, unnumbered paragraph 2, 3 33 Code 1999, is amended to read as follows: 3 34 If the resolution is filed prior to April 1or May3 351, if the political subdivision is a school district, 3 36 the annual levy shall begin with the tax levy for 3 37 collection commencing July 1 of that year. If the 3 38 resolution is filed after April 1or May 1, in the3 39case of a school district, the annual levy shall begin 3 40 with the tax levy for collection in the next 3 41 succeeding fiscal year. However, the governing 3 42 authority of a political subdivision may adjust a levy 3 43 of taxes made under this section for the purpose of 3 44 adjusting the annual levies and collections for 3 45 property severed from the political subdivision, 3 46 subject to the approval of the director of the 3 47 department of management." 3 48 #3. Page 22, by inserting after line 26 the 3 49 following: 3 50 "Sec. 107. Section 257.19, unnumbered paragraph 2, 4 1 Code 1999, is amended to read as follows: 4 2 Certification of a board's intent to participate 4 3 for a budget year, the method of funding, and the 4 4 amount to be raised shall be made to the department of 4 5 management not later thanApril 15March 15 of the 4 6 base year. Funding for the instructional support 4 7 program shall be obtained from instructional support 4 8 state aid and from local funding using either an 4 9 instructional support property tax or a combination of 4 10 an instructional support property tax and an 4 11 instructional support income surtax. 4 12 Sec. 108. Section 257.29, unnumbered paragraph 2, 4 13 Code 1999, is amended to read as follows: 4 14 The educational improvement program shall provide 4 15 additional revenues each fiscal year equal to a 4 16 specified percent of the regular program district cost 4 17 of the district, as determined by the board but not 4 18 more than the maximum percent authorized by the 4 19 electors if an election has been held. Certification 4 20 of a district's participation for a budget year, the 4 21 method of funding, and the amount to be raised shall 4 22 be made to the department of management not later than 4 23April 15March 15 of the base year." 4 24 #4. Page 26, by inserting after line 16 the 4 25 following: 4 26 "Sec. 109. Section 275.29, Code 1999, is amended 4 27 to read as follows: 4 28 275.29 DIVISION OF ASSETS AND LIABILITIES AFTER 4 29 REORGANIZATION. 4 30 Between July 1 and July 20, the board of directors 4 31 of the newly formed school district shall meet with 4 32 the boards of the school districts affected by the 4 33 organization of the new school corporation, including 4 34 the boards of districts receiving territory of the 4 35 school districts affected, for the purpose of reaching 4 36 joint agreement on an equitable division of the assets 4 37 of the several school corporations or parts of school 4 38 corporations and an equitable distribution of the 4 39 liabilities of the affected corporations or parts of 4 40 corporations. In addition, if outstanding bonds are 4 41 in existence in any district, the initial board of 4 42 directors of the newly formed school district shall 4 43 meet with the boards of all school districts affected 4 44 prior toAprilMarch 15 prior to the school year the 4 45 reorganization is effective to determine the 4 46 distribution of the bonded indebtedness between the 4 47 districts so that the newly formed district may 4 48 certify its budget under the procedures specified in 4 49 chapter 24. The boards shall consider the mandatory 4 50 levy required in section 76.2 and shall assure the 5 1 satisfaction of outstanding obligations of each 5 2 affected school corporation. If the petition includes 5 3 plans for the distribution of the bonded indebtedness, 5 4 the exclusion of territory from the reorganized 5 5 district does not require action pursuant to this 5 6 section. 5 7 Sec. 110. Section 279.15, subsection 1, Code 1999, 5 8 is amended to read as follows: 5 9 1. The superintendent or the superintendent's 5 10 designee shall notify the teacher not later thanApril5 1130March 15 that the superintendent will recommend in 5 12 writing to the board at a regular or special meeting 5 13 of the board, held not later thanMay 15March 31, 5 14 that the teacher's continuing contract be terminated 5 15 effective at the end of the current school year. 5 16 However, if the district is subject to reorganization 5 17 under chapter 275, the notification shall not occur 5 18 until after the first organizational meeting of the 5 19 board of the newly formed district. 5 20 Sec. 111. Section 279.16, unnumbered paragraph 6, 5 21 Code 1999, is amended to read as follows: 5 22 If the teacher fails to timely request a private 5 23 hearing or does not appear at the private hearing, the 5 24 board may proceed and make a determination upon the 5 25 superintendent's recommendation. If the teacher fails 5 26 to timely file a request for a private hearing, the 5 27 determination shall be not later thanMay 31April 15. 5 28 If the teacher fails to appear at the private hearing, 5 29 the determination shall be not later than five days 5 30 after the scheduled date for the private hearing. The 5 31 board shall convene in open session and by roll call 5 32 vote determine the termination or continuance of the 5 33 teacher's contract. 5 34 Sec. 112. Section 279.54, unnumbered paragraph 1, 5 35 Code 1999, is amended to read as follows: 5 36 If a majority of those voting in an election 5 37 approves raising the additional enrichment amount for 5 38 an asbestos project under section 279.53 and this 5 39 section, not later thanApril 15March 15 of the 5 40 previous school year the board shall certify to the 5 41 department of management that the required procedures 5 42 have been carried out, the method of funding the 5 43 amount to be raised, and the department of management 5 44 shall establish the amount of additional enrichment 5 45 property tax to be levied or the amount of the 5 46 combination of the enrichment property tax and the 5 47 amount of enrichment income surtax to be imposed for 5 48 each school year for which the additional enrichment 5 49 amount for an asbestos project is authorized. The 5 50 enrichment property tax and income surtax, if an 6 1 income surtax is imposed, shall be levied and imposed, 6 2 collected, and paid to the school district in the 6 3 manner provided for the instructional support program 6 4 in sections 257.21 through 257.26." 6 5 #5. Page 26, by inserting after line 50 the 6 6 following: 6 7 "Sec. 113. Section 298.2, subsection 3, Code 1999, 6 8 is amended to read as follows: 6 9 3. The board of directors of a school district may 6 10 certify for levy byApril 15March 15 of a school year 6 11 a tax on all taxable property in the school district 6 12 for the regular physical plant and equipment levy. 6 13 Sec. 114. Section 298.2, subsection 4, unnumbered 6 14 paragraph 2, Code 1999, is amended to read as follows: 6 15 If a combination of a property tax and income 6 16 surtax is used, byApril 15March 15 of the previous 6 17 school year, the board shall certify the percent of 6 18 the income surtax to be imposed and the amount to be 6 19 raised to the department of management and the 6 20 department of management shall establish the rate of 6 21 the property tax and income surtax for the school 6 22 year. The physical plant and equipment property tax 6 23 and income surtax shall be levied or imposed, 6 24 collected, and paid to the school district in the 6 25 manner provided for the instructional support program 6 26 in sections 257.21 through 257.26. 6 27 Sec. 115. Section 298.4, unnumbered paragraph 1, 6 28 Code 1999, is amended to read as follows: 6 29 The board of directors of a school district may 6 30 certify for levy byApril 15March 15 of a school 6 31 year, a tax on all taxable property in the school 6 32 district for a district management levy. The revenue 6 33 from the tax levied in this section shall be placed in 6 34 the district management levy fund of the school 6 35 district. The district management levy shall be 6 36 expended only for the following purposes: 6 37 Sec. 116. Section 298.10, Code 1999, is amended to 6 38 read as follows: 6 39 298.10 LEVY FOR CASH RESERVE. 6 40 The board of directors of a school district may 6 41 certify for levy byApril 15March 15 of a school 6 42 year, a tax on all taxable property in the school 6 43 district in order to raise an amount for a necessary 6 44 cash reserve for a school district's general fund. 6 45 The amount raised for a necessary cash reserve does 6 46 not increase a school district's authorized 6 47 expenditures as defined in section 257.7. 6 48 Sec. 117. Section 300.2, unnumbered paragraph 2, 6 49 Code 1999, is amended to read as follows: 6 50 If a majority of the votes cast upon the 7 1 proposition is in favor of the proposition, the board 7 2 shall certify the amount required for a fiscal year to 7 3 the county board of supervisors byApril 15March 15 7 4 of the preceding fiscal year. The board of 7 5 supervisors shall levy the amount certified. The 7 6 amount shall be placed in the public education and 7 7 recreation levy fund of the district and shall be used 7 8 only for the purposes specified in this chapter." 7 9 #6. Page 27, by inserting after line 29 the 7 10 following: 7 11 "___. Sections 101 through 117 of this Act, 7 12 relating to time guidelines for collective bargaining, 7 13 budget certification, and teacher termination notices, 7 14 take effect July 1, 2000". 7 15 #7. By renumbering as necessary. 7 16 7 17 7 18 7 19 CARROLL of Poweshiek 7 20 SF 464.319 78 7 21 ec/cf
Text: H01701 Text: H01703 Text: H01700 - H01799 Text: H Index Bills and Amendments: General Index Bill History: General Index
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