Teachers, Principals and School Personnel - As enacted, enacts the "Professional Educators Collaborative Conferencing Act of 2011." - Amends TCA Section 5-23-107 and Title 49.
SB0113 has been assigned Public Chapter Number 378 by the Secretary of State.

Conference Committee Reports

Majority Report # 1 for SB0113 / HB0130

  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB0113Date
    Pub. Ch. 378 06/03/2011
    Effective date(s) 06/01/1106/03/2011
    Signed by Governor.06/01/2011
    Transmitted to Gov. for action.05/27/2011
    Signed by H. Speaker05/26/2011
    Signed by S. Speaker05/25/2011
    Enrolled and ready for signatures05/25/2011
    Conf. comm. report adopted, Ayes 55, Nays 40, PNV 1 05/20/2011
    Conf. comm. report adopted, Ayes 19, Nays 12, PNV 1 05/20/2011
    Conf. comm. appointed. (Maggart, H. Brooks, L. DeBerry) 05/20/2011
    Conf. comm. appointed. Johnson, Gresham, Berke 05/20/2011
    S. refused to recede from its non-concurrence.05/20/2011
    Placed on Senate Message Calendar cal. for 5/20/201105/20/2011
    H. refused to recede from am. no. 1, 9 & 13 05/20/2011
    H. Placed on Message Calendar # 2 for 5/20/201105/20/2011
    S. refused to concur in H. am. 13 05/19/2011
    S. refused to concur in H. am. 905/19/2011
    S. refused to concur in H. am. 105/19/2011
    Placed on Senate Message Calendar 2 cal. for 5/19/201105/19/2011
    Passed H., as am., Ayes 59, Nays 39 05/19/2011
    Consideration of Am. no. 26 failed. 05/19/2011
    Am. withdrawn.(Amendment 5 - HA0464)05/19/2011
    Am. withdrawn.(Amendment 4 - HA0463)05/19/2011
    Am. withdrawn.(Amendment 25 - HA0547)05/19/2011
    Am. withdrawn.(Amendment 24 - HA0546)05/19/2011
    Am. withdrawn.(Amendment 23 - HA0544)05/19/2011
    Am. withdrawn.(Amendment 22 - HA0541)05/19/2011
    Am. withdrawn.(Amendment 20 - HA0538)05/19/2011
    Am. withdrawn.(Amendment 18 - HA0535)05/19/2011
    Am. withdrawn.(Amendment 17 - HA0510)05/19/2011
    Am. withdrawn.(Amendment 14 - HA0473)05/19/2011
    Am. withdrawn.(Amendment 10 - HA0469)05/19/2011
    Am. withdrawn.(Amendment 7 - HA0466)05/19/2011
    Am. no. 6 tabled Ayes 57, Nays 39 05/19/2011
    Am. withdrawn.(Amendment 2 - HA0456)05/19/2011
    Motion to consider Am. no. 21 failed 05/19/2011
    Am. no. 19 tabled Ayes 59, Nays 37 05/19/2011
    Am. no. 16 tabled Ayes 59, Nays 39 05/19/2011
    Am. no. 15 tabled Ayes 60, Nays 38 05/19/2011
    H. adopted am.(Amendment 13 of 0 - HA0472)05/19/2011
    Am. withdrawn.(Amendment 12 - HA0471)05/19/2011
    Am. no. 11 tabled Ayes 54, Nays 41 05/19/2011
    H. adopted am.(Amendment 9 of 0 - HA0468)05/19/2011
    Am. no. 8 tabled Ayes 59, nays 38 05/19/2011
    Am. no.3 tabled Ayes 60, Nays 35 05/19/2011
    H. Placed on Regular Calendar for 5/19/201105/16/2011
    Reset on Next Available Reg cal.05/16/2011
    H. adopted am.(Amendment 1 of 0 - HA0095)05/16/2011
    Subst. for comp. HB.05/16/2011
    Rcvd. from S., held on H. desk.05/04/2011
    Engrossed; ready for transmission to House05/02/2011
    Passed S. as am., Ayes 18, Nays 1405/02/2011
    Am. withdrawn.(Amendment 4 - SA0369)05/02/2011
    Am. withdrawn.(Amendment 3 - SA0317)05/02/2011
    Am. withdrawn.(Amendment 2 - SA0013)05/02/2011
    Am. withdrawn.(Amendment 1 - SA0012)05/02/2011
    Am. 6 tabled 05/02/2011
    S. adopted am.(Amendment 5 of 0 - SA0379)05/02/2011
    S. adopted am.(Amendment 5 of 1 - SA0405)05/02/2011
    Placed on Senate Regular Calendar cal. for 5/2/201104/29/2011
    S. Reset on Cal. for 5/2/2011 04/28/2011
    Placed on Senate Regular Calendar cal. for 4/28/201104/26/2011
    Rec. For Pass. ref. to: S. Cal. Comm.04/26/2011
    Placed on S. FW&M Comm. cal. for 4/26/201104/25/2011
    Ref. to S. F,W&M Comm. 04/25/2011
    Recalled from S. Cal. Comm. 04/25/2011
    Rec. for pass. w/ am., ref. to S. Cal. Comm. Ayes 6, Nays 3 PNV 004/20/2011
    Placed on S. Ed. Comm. cal. for 4/20/201104/13/2011
    Action Def. in S. Ed. Comm. to 4/20/201104/13/2011
    Placed on S. Ed. Comm. cal. for 4/13/201104/07/2011
    Re-ref. to S. Ed. comm. 04/07/2011
    Recalled from S. Cal. Comm. 04/07/2011
    Rec. for pass. w/ am., ref. to S. Cal. Comm. Ayes 6, Nays 3 PNV 002/16/2011
    Placed on S. Ed. Comm. cal. for 2/16/201102/09/2011
    P2C, ref. to S. Ed. Comm.02/09/2011
    Intro., P1C.02/07/2011
    Sponsor(s) Added.02/03/2011
    Filed for intro.01/24/2011
    Actions For HB0130Date
    Comp. became Pub. Ch. 37806/03/2011
    Comp. SB subst. 05/16/2011
    H. Placed on Regular Calendar for 5/16/201105/12/2011
    Placed on cal. Calendar & Rules Committee for 5/12/201105/11/2011
    Rec. For Pass. ref. to: Calendar & Rules Committee05/11/2011
    Placed on cal. Finance, Ways & Means Committee for 5/11/201105/10/2011
    Rec. For Pass. if Am. ref. to: Finance, Ways & Means Committee05/10/2011
    Placed on cal. Education Committee for 5/10/201105/04/2011
    Re-referred To: Education Committee05/03/2011
    Placed on cal. Finance, Ways & Means Committee for 5/3/201104/27/2011
    Action Def. in Finance, Ways & Means Committee to 5/3/201104/19/2011
    Placed on cal. Finance, Ways & Means Committee for 4/19/201104/13/2011
    Action Def. in Finance, Ways & Means Committee to 4/19/201104/05/2011
    Placed on cal. Finance, Ways & Means Committee for 4/5/201103/30/2011
    Rec. For Pass. by s/c ref. to Finance, Ways & Means Committee 03/30/2011
    Placed on s/c cal Finance Subcommittee for 3/30/201103/23/2011
    Assigned to s/c Finance Subcommittee03/23/2011
    Rec. for Pass. if Am. ref. to: Finance, Ways & Means Committee03/22/2011
    Sponsor(s) Added.03/22/2011
    Placed on cal. Education Committee for 3/22/201103/16/2011
    Rec. For Pass. if am. by s/c ref. to Education Committee 03/16/2011
    Placed on s/c cal Education Subcommittee for 3/16/201103/10/2011
    Placed on s/c cal Education Subcommittee for 3/16/201103/09/2011
    Action Def. in s/c Education Subcommittee to 3/16/201103/09/2011
    Placed on s/c cal Education Subcommittee for 3/9/201103/02/2011
    Sponsor(s) Added.02/17/2011
    Assigned to s/c General Sub of Education 02/09/2011
    P2C, ref. to Education Committee 02/09/2011
    Intro., P1C.02/07/2011
    Sponsor(s) Added.01/19/2011
    Filed for intro.01/18/2011
  • AmendmentsFiscal Memos
    SA0012Amendment 1-1 to SB0113 
    SA0013Amendment 2-2 to SB0113 
    SA0317Amendment 3-3 to SB0113Fiscal Memo for SA0317 (6481)  
    SA0369Amendment 4- to SB0113 
    SA0379Amendment 5- to SB0113Fiscal Memo for SA0379 (7253)  
    SA0406Amendment 6- to SB0113 
    AmendmentsFiscal Memos
    HA0095Amendment 1-1 to HB0130Fiscal Memo for HA0095 (5016)  Fiscal Memo for HA0095 (5016)  Fiscal Memo for HA0095 (5016)  
    HA0456Amendment 2- to HB0130 
    HA0459Amendment 3- to HB0130 
    HA0463Amendment 4- to HB0130 
    HA0464Amendment 5- to HB0130 
    HA0465Amendment 6- to HB0130 
    HA0466Amendment 7- to HB0130 
    HA0467Amendment 8- to HB0130 
    HA0468Amendment 9- to HB0130 
    HA0469Amendment 10- to HB0130 
    HA0470Amendment 11- to HB0130Fiscal Memo for HA0470 (5515)  
    HA0471Amendment 12- to HB0130Fiscal Memo for HA0471 (5813)  
    HA0472Amendment 13- to HB0130 
    HA0473Amendment 14- to HB0130 
    HA0497Amendment 15- to HB0130 
    HA0509Amendment 16- to HB0130 
    HA0510Amendment 17- to HB0130 
    HA0535Amendment 18- to HB0130 
    HA0537Amendment 19- to HB0130 
    HA0538Amendment 20- to HB0130 
    HA0540Amendment 21- to HB0130 
    HA0541Amendment 22- to HB0130 
    HA0544Amendment 23- to HB0130 
    HA0546Amendment 24- to HB0130 
    HA0547Amendment 25- to HB0130 
    HA0549Amendment 26- to HB0130 

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: SB0113

  • Fiscal Summary

    Not Available


    Bill Summary

    This bill prohibits any local board of education from negotiating with a professional employees' organization or teachers' union concerning the terms or conditions of professional service on or after the effective date of this bill.

    Under present law, the Education Professional Negotiations Act gives any person employed by a local board of education (LEA) or charter school who has a position that requires a license issued by the department of education for service in public elementary and secondary schools of this state the rights to self-organization, to form, join or be assisted by professional employees' organizations, to negotiate through representatives of their own choosing and to engage in other concerted activities for the purpose of professional negotiations or other mutual aid or protection. The board of education and the recognized professional employees' organization must negotiate in good faith the following conditions of employment: salaries or wages; grievance procedures; insurance; fringe benefits; working conditions; leave; student discipline procedures; and payroll deductions.

    This bill removes all rights and requirements under present state law regarding such professional employees, professional employees' organizations, and negotiations between such organizations and the board of education or the governing body of the charter school. However, this bill would not abridge or impair a contract or agreement governing terms and conditions of professional service entered into by a board of education and a recognized professional employees' organization under the Education Professional Negotiations Act before the effective date of this bill. Any such contract or agreement would remain in full force and effect until the expiration of the contract or agreement. Upon the expiration of a contract or agreement negotiated by a board of education and a professional employees' organization, teachers employed by such board of education would have the rights in their employment that are afforded to them under state and federal law and the personnel policy applicable to them.

    ON MAY 2, 2011, THE SENATE ADOPTED AMENDMENT #5, AS AMENDED BY AMENDMENT #1 TO 5, AND PASSED SENATE BILL 113, AS AMENDED.

    AMENDMENT #5, as amended, rewrites the bill to replace the present law Education Professional Negotiations Act, as described in the above bill summary. Any and all bargaining being conducted pursuant to the Tennessee Education Professional Negotiations Act on the effective date of the bill would be suspended. However, any contract or agreement entered into under the Education Professional Negotiations Act before the effective date of the bill would remain in full force and effect until the expiration of the contract or agreement, provided that no such contract or agreement may be extended or renewed beyond its date of expiration.

    It is the policy and purpose of this amendment to ensure the rights of professional employees to participate in collaboration with boards of education individually and also through representatives of their own choosing. No professional employee, group of professional employees, or professional employee organization may be denied the opportunity to represent themselves or groups of professional employees in discussions authorized under this amendment.

    This amendment requires the Tennessee Organization of School Superintendents, in conjunction with representative organizations of school leaders and administrators and professional employees' organizations, to develop a training program in the principles and techniques of collaborative problem-solving between the local boards of education and the professional employees. This training program must be developed by January 1, 2012, at which time a summary report of the training program and related materials must be presented to the education committees of each house. The training program must be implemented within each LEA by July 1, 2012. No collaboration pursuant to this amendment may be conducted by a local board of education until the training program has been implemented within the LEA.

    COLLABORATION

    This amendment replaces the present law provisions of the Education Professional Negotiations Act regarding negotiations between the local board of education and professional employees, as described in the above bill summary.

    This amendment instead requires the local board of education to participate in collaboration with professional employees, or their various designated representatives, with respect to only the following terms and conditions of employment: salaries or wages; grievance procedures; insurance; working conditions; leave; payroll deductions; and fringe benefits, not including pensions or retirement programs of the Tennessee consolidated retirement system or locally authorized early retirement incentives.

    However, after such collaboration, the board would have final authority for the specification of the terms and conditions. No other terms or conditions of employment may be the subject of such collaboration and no collaboration may be conducted on the following subjects:
    (1) Differentiated pay plans and other incentive compensation programs including stipends and associated benefits that are based on professional employee performance that exceeds expectations, or that aid in hiring and retaining highly qualified teachers for hard to staff schools and subject areas;
    (2) Expenditure of grants or awards from federal, state or local governments and foundations or other private organizations;
    (3) Evaluation of professional employees pursuant to federal or state law or state board of education policy;
    (4) Staffing decisions and state board of education or local board of education policies relating to innovative educational programs, innovative high school programs, virtual education programs, and other programs for innovative schools or school districts that may be enacted by the general assembly; and
    (5) All personnel decisions concerning assignment of professional employees, including filling of vacancies, assignments to specific schools, positions, professional duties, transfers within the system, layoffs, reductions in force, and recall.

    No employment policy adopted pursuant to this amendment may include provisions that require personnel decisions to be determined on the basis of tenure, seniority or length of service.

    The director of schools may communicate with professional employees employed by the local board of education concerning any subject relevant to the operation of the school system, including the terms and conditions of professional service that are subject to collaboration.

    This amendment specifies that any items considered during the course of collaboration that require funding may not be considered effective until the body empowered to appropriate the funds has approved a budget that includes sufficient funding. If the amount of funds appropriated is less than the amount required to address the matters of collaboration, the parties may continue to confer to implement such items to the extent possible within the amount of funds appropriated.

    PROFESSIONAL EMPLOYEE MANUAL

    This amendment requires each local board of education to develop and adopt a professional employee manual that contains the local board's procedures for establishing policies relative to the employment and working conditions of professional employees. The professional employee manual would be binding on the LEA until a new or renewed manual is adopted. The procedures for establishing policies must include providing notice of the local board's intent to consider or establish a policy to professional employees, parents, other education stakeholders, and the general public at least 15 calendar days prior to the scheduled meeting relative to the policy. Such notice must include a description of the policy to be considered or established.

    Generally, every three years, or more frequently at the discretion of the local board of education, the professional employee manual would be reviewed by the local board of education; revised, if deemed advisable, after receiving input from professional employees and the general public; and adopted.

    By January 1, 2012, TOSS, in consultation with each interested professional employees' organization and the Tennessee School Boards Association, must develop and publish a model professional employee manual to aid local boards of education in the development of their professional employee manuals. TOSS must incorporate in the model manual those provisions addressing procedures for establishing local board of education policies identified as appearing in a majority of current contracts, agreements or policies entered into under the present Education Professional Negotiations Act. The state board of education must notify each local board of education when the model manual is revised.

    Each local board of education must develop and adopt an initial professional employee manual by April 17, 2012. This amendment would not prohibit a local board of education from meeting and conferring with professional employees or their representatives to develop the initial professional employee manual. The initial professional employee manual would take effect July 1, 2012. However, any contract or agreement governing terms and conditions of professional service entered into by a board of education and a recognized professional employees' organization under the present Education Professional Negotiations Act prior to the effective date of the bill would remain in effect until its expiration, at which time the professional employee manual adopted by the local board of education would take effect.

    Any proposed or adopted manual must be posted for review on the Web site of the local board of education. If a local board of education does not have a web site, then the local board would instead make available at least two copies of the proposed and adopted professional employee manual in each school library within the jurisdiction of the LEA.

    Professional employees employed by, and retired professional employees formerly employed by, the LEA must be provided a 45 calendar day period to submit written input to the local board of education relative to the proposed professional employee manual. If the proposed professional employee manual is revised by the local board of education in response to such input, then the revisions would be made available for review as described above.

    The local board of education must conduct at least one public hearing after the period for input has ended. If revisions are made to the proposed professional employee manual, then no public hearing relative to the proposed manual may be held earlier than seven calendar days from the date the proposed manual is made available for review. Any public hearing held relative to the proposed professional employee manual must be held at a location and time reasonably calculated to afford professional employees, parents, other education stakeholders, and otherwise interested members of the general public the opportunity to provide input relative to the proposed professional employee manual.

    UNLAWFUL ACTIVITY

    Under present law, it is unlawful for a board of education or its designated representative to:
    (1) Impose or threaten to impose reprisals on professional employees, or discriminate against professional employees, due to their exercise of guaranteed rights;
    (2) Interfere with, restrain or coerce employees in the exercise of the their right to form, join, or be assisted by employee organizations;
    (3) Refuse or fail to negotiate in good faith or execute a written memorandum incorporating any agreements reached with representatives of a recognized professional employees' organization;
    (4) Refuse to permit a professional employees' organization to have access at reasonable times to areas in which professional employees work, use institutional bulletin boards, mail boxes or other communication media or use institutional facilities at reasonable times for the purpose of holding a meeting concerned with the exercise of guaranteed rights. However, if a representative has been selected or designated, a board of education may deny such access or usage to any professional employees' organization other than the representative until such time as a lawful challenge to the majority status of the representative is sustained;
    (5) Encourage or discourage membership in any organization by discrimination in hiring, granting of tenure or other terms or conditions of employment;
    (6) Discharge or discriminate against an employee because the employee has filed an affidavit, petition or complaint or given any information or testimony;
    (7) Dominate, interfere or assist in the administration of any professional employee organization; or
    (8) Refuse to in good faith mediate, arbitrate or participate in fact-finding efforts.

    This amendment rewrites these provisions to instead specify that it would be unlawful for a board of education or "its management personnel" to:
    (1) Perform an action described above in (1), (2), (5), (6), and (7);
    (2) Refuse or fail to participate in good faith collaboration under this amendment;
    (3) Refuse to permit any professional employees' organization to have access at reasonable times before or after the instructional day to areas in which professional employees work, to use institutional bulletin boards, mail boxes or other communication media or to use institutional facilities as permitted by a local board's policy or procedure for community use at reasonable times for the purpose of holding a meeting concerned with the exercise of the rights guaranteed by this amendment;
    (4) Refuse, upon request of professional employees, to permit the employees from having a representative from the employees' professional employees' organization or any individual of their choosing to represent the professional employees in employment or other legal issues including the filing of grievance complaints; or
    (5) Refuse to permit a professional employees' organization from distributing information, setting up displays, or speaking at an in-service where one or more professional employees' organizations have been invited to do so.

    Under present law, it is unlawful for a recognized professional employees' organization or its representatives to:
    (1) Cause or attempt to cause a board of education to engage in conduct violative of such present law;
    (2) Refuse or fail to negotiate in good faith with a board of education or to execute a written contract incorporating any agreements reached;
    (3) Interfere with, restrain or coerce professional employees or a board of education in the exercise of granted rights;
    (4) Refuse to good faith mediate, arbitrate or participate in fact-finding efforts;
    (5) Engage in a strike;
    (6) Urge, coerce or encourage others to engage in unlawful acts; or
    (7) Enter onto the school grounds for the purpose of contacting professional employees in such a manner and at such times as will interfere with the normal operations of the school, except that agreement may be reached in any memorandum of agreement for grievance investigations and process by the recognized professional employees' organization.

    This amendment rewrites these provisions to instead make it unlawful for a recognized professional employees' organization or its representatives to:
    (1) Perform an action described above in (3), (5), or (6);
    (2) Cause or attempt to cause a board of education to engage in conduct violative of this amendment;
    (3) Refuse or fail to participate in good faith collaboration under this amendment with a board of education;
    (4) Enter onto the school grounds for the purpose of contacting professional employees in such a manner and at such times as will interfere with the normal operations of the school; or
    (5) Coerce or attempt to intimidate professional employees who choose not to join a professional employee organization.

    Under present law, a complaint of an unlawful act must be filed in the chancery court of the county where the professional employees' organization is seeking or has attained recognition. No complaint may be issued based upon any unlawful act occurring more than six months prior to the filing of the complaint.

    This amendment rewrites these provisions to instead specify that a complaint of an unlawful act would be filed with, or initiated by, the board of education. If no reasonable resolution is reached between the parties, then a complaint may be filed in the chancery court of the county where the local education agency is located. No complaint may be issued based upon any unlawful act occurring more than three months prior to the filing of the complaint.

    STRIKES

    Under present law, when local boards of education have determined which employees have engaged in or participated in a strike, the employees may be subject to dismissal or forfeit of their claim to tenure status if they presently have attained tenure, and the employees may revert to probationary teacher status for the next three-year period. Any employee who engaged in or participated in a strike who is not a tenured teacher may also be subject to dismissal.

    This amendment rewrites these provisions and instead specifies that when local boards of education have determined which employees have engaged in or participated in a strike, the employees shall be subject to dismissal, reprimand or reversion to any point in probationary status at the discretion of the local board of education.

    OTHER PROVISIONS

    This amendment removes the present law provisions of the Education Professional Negotiations Act regarding the recognition of professional employee organizations; memorandum of agreements; and mediation and arbitration.

    Under present law, the following functions must be performed in accordance with any locally negotiated agreement, among other things:
    (1) Transfers of a teacher within the same school system must be acted upon in accordance with board policy and any locally negotiated agreement;
    (2) The placement of a teacher on a preferred list for reemployment in the first vacancy the teacher is qualified by training and experience to fill; and
    (3) The employment, transfer, suspension, non-renewal and dismissal of personnel by the director of schools.

    This amendment removes the requirement that such functions be performed in accordance with any locally negotiated agreement.

    Generally, present law requires the local board of education to dismiss teachers, principals, supervisors and other employees upon sufficient proof of improper conduct, inefficient service or neglect of duty, except that no one may be dismissed without first having been given in writing due notice of the charge or charges and an opportunity for defense. This amendment instead requires the local board of education to establish polices relative to the dismissal of teachers, principals, supervisors and other employees by the director of schools upon sufficient proof of improper conduct, inefficient service or neglect of duty, except that no one may be dismissed without first having been given in writing due notice of the charge or charges and an opportunity for defense.

    Generally, under present law, the commissioner of education, upon application by the LEA, may waive any state board rule or regulation that inhibits or hinders the LEA's ability to implement innovative programs designed to improve student achievement. Generally, under present law, the commissioner may authorize up to 24 school systems, or any part thereof, to operate as innovative educational programs that emphasize school-based decision making and the creation of small learning communities. In these alternative programs, the commissioner may waive certain rules and regulations, including regulations relative to reporting requirements and premium pay for educators, without giving rise to any contractual right to such pay.

    However, under present law, the above provisions may not be construed to impact agreements negotiated under the present Educational Professional Negotiations Act. This amendment removes this provision.

    ON MAY 16, 2011, THE HOUSE SUBSTITUTED SENATE BILL 113 FOR HOUSE BILL 130, ADOPTED AMENDMENT #1 AND RESET SENATE BILL 113, AS AMENDED.

    AMENDMENT #1 rewrites the bill and revises various provisions of the present Education Professional Negotiations Act (the Act). As described below, this amendment:
    (1) Redefines a "professional employee organization" and specifies that a recognized professional employees' organization would be a teacher's union. This amendment uses the terms "recognized professional employees' organization" and "teacher's union" interchangeably;
    (2) Revises the conditions of employment that would be subject to negotiation and specifies certain conditions of employment that would not be subject to negotiation;
    (3) Removes the present law provisions of the Act regarding management personnel and specifies that the board of education may select as its negotiator the director of schools, any member of the board or "any member of the management team," instead of "any full-time, system-wide management personnel";
    (4) Revises certain unlawful activities;
    (5) Revises present law regarding the initial recognition of a professional employees' organization; and
    (6) Revises other provisions of the Act.

    PROFESSIONAL EMPLOYEES' ORGANIZATIONS AND TEACHER UNIONS

    Generally, under present law, the representatives of the board of education and a recognized professional employees' organization must negotiate in good faith certain conditions of employment. A "professional employees' organization" is any organization with membership open to professional employees that exists for the purpose, in whole or in part, of dealing with boards of education concerning, among other things, grievances, wages, hours of employment or conditions of work.

    This amendment specifies that professional employees' organizations exist for "the purpose of promoting the professional status and growth of educators and the welfare of students," instead of for "the purpose, in whole or in part, of dealing with boards of education."

    This amendment specifies that a recognized professional employees' organization would be a teacher's union, and this amendment uses the terms "recognized professional employees' organization" and "teacher's union" interchangeably. Under this amendment, "teacher's union" means a professional employees' organization that, in addition to promoting the professional status and growth of educators and the welfare of students, is recognized to negotiate with a local board of education concerning, among other things, grievances, wages, hours of employment or conditions of work.

    CONDITIONS OF EMPLOYMENT SUBJECT TO NEGOTIATIONS

    This amendment specifies that a local board of education would be required to negotiate with the recognized professional employees' organization only those conditions of employment for which the responsibility or performance requires the professional employee to be licensed by the department of education.

    This amendment specifies that the following conditions of employment would not be subject to negotiations between the board of education and the teacher's union:
    (1) Differentiated pay plans and other incentive compensation programs, including stipends, and associated benefits that are based on professional employee performance which is above expectations or that aid in hiring and retaining highly qualified teachers for hard to staff schools and subject areas;
    (2) Expenditure of grants or awards from federal, state or local governments and foundations or other private organizations;
    (3) Evaluation of professional employees pursuant to federal or state law or state board of education policy;
    (4) Salaries, benefits, staffing decisions and state or local board of education policies relating to innovative educational programs, innovative high school programs, virtual education programs and other such programs; and
    (5) All personnel decisions concerning assignment of professional employees, including filling of vacancies, assignments to specific schools, positions, professional duties, transfers within the system, layoffs and reductions in force, and recall. No agreement would include provisions that require personnel decisions to be determined on the basis of seniority or length of service.

    Under present law, the representatives of the board of education and a recognized professional employees' organization must negotiate in good faith certain conditions of employment, including payroll deductions and working conditions. This amendment removes the requirement that the board and the recognized professional employees' organization negotiate payroll deductions in good faith. This amendment specifies that the board and the recognized organization are not required to negotiate in good faith those working conditions that are prescribed by general law, private act or rules and regulations of the state board of education or the department of education.

    MANAGEMENT PERSONNEL

    Under present law, the board of education may select as its negotiator the director of schools, any member of the board or any full-time, system-wide management personnel. The board may annually designate and certify specific individuals as management personnel. Such individuals must be allowed to retain membership in the recognized professional employees' organization, but will not be considered to be a part of the negotiating unit. Upon request, the designated management personnel will represent the board in all negotiation activities. Management personnel are not eligible to represent the recognized professional employees' organization, to vote on whether to accept or reject items to be negotiated or items that have been negotiated or to derive benefits from the negotiation efforts, except those benefits that go to all professional employees of the school system.

    All management personnel must be certified to the recognized organization within the first two months of the school system's fiscal year. If a certified management person terminates employment or is transferred to a position that disqualifies the person, the board has 30 days following the filling of the vacated position to name and certify a replacement. The board of education may not name and certify more than:
    (1) Two management personnel if the school system has an average daily attendance (ADA) of less than 1,000 students;
    (2) Three management personnel if the school system has an ADA of between 1,001 and 2,000 students;
    (3) Four management personnel if the school system has an ADA of between 2,001 and 5,000 students;
    (4) Five management personnel if the school system has an ADA of between 5,001 and 10,000 students;
    (5) Six management personnel if the school system has an ADA of between 10,001 and 50,000 students;
    (6) Seven management personnel if the school system has an ADA of between 50,001 and 100,000 students; and
    (7) Eight management personnel if the school system has an ADA of at least 100,001.

    This amendment removes the above provisions regarding management personnel and instead specifies that the board of education may select as its negotiator the director of schools, any member of the board or "any member of the management team." Under this amendment, "management team" means employees who devote a majority of their time to the system-wide area or areas of professional personnel management, fiscal affairs or general management and principals, assistant principals, supervisors and others whose principal responsibilities are administration rather than teaching.

    This amendment specifies that any member of the management team would not be considered to be a "professional employee" under the Act.

    UNLAWFUL ACTIVITIES

    Under present law, it is unlawful for a board of education or its designated representative to refuse to permit a professional employees' organization to have access at reasonable times to areas in which professional employees:
    (1) Work or use institutional bulletin boards, mail boxes or other communication media; or
    (2) Use institutional facilities at reasonable times for the purpose of holding a meeting concerned with the exercise of professional employee rights.

    However, if a representative has been selected, then a board of education may deny such access or usage to any professional employees' organization other than the representative until such time as a lawful challenge to the majority status of the representative is sustained. This amendment removes this provision regarding access by a non-representative organization.

    This amendment revises the above (1) to specify that the organization would be allowed such reasonable access before or after the instructional day. This amendment revises (2) to specify that the organization would be allowed such use of institutional facilities as permitted by a local board's policy or procedure for the community.

    This amendment makes it unlawful for a recognized professional employees' organization or its representatives to coerce or attempt to intimidate professional employees who choose not to join the recognized bargaining organization.

    INITIAL RECOGNITION OF A PROFESSIONAL EMPLOYEES' ORGANIZATION

    Under present law, the initial recognition of a professional employees' organization is for 24 months and is automatically extended for an additional 24 months unless between October 1 and October 15 of the second 12 months of any recognition period:
    (1) The board of education challenges and substantiates that the recognized organization does not, in fact, possess a majority of the professional employees as paid members; or
    (2) Another professional employees' organization files application for recognition with the board, together with signed petition cards that constitute a majority of the professional employees. In such event, an election between the competing organizations is held.

    This amendment replaces the above provisions regarding initial recognition. This amendment instead specifies that the initial recognition would be for 24 months. The recognition may be extended for an additional 24 months if, between October 1 and October 15 of the second 12 months of any recognition period, the teacher's union demonstrates that a majority of the professional employees of the local board of education belong to the union as full dues paying members. The union's demonstration would be made by showing that the number of members whose dues are paid through payroll deduction plus the number of members who pay dues through methods other than payroll deduction is greater than 50 percent of the total number of the local board's professional employees. A member's payment of dues by means other than payroll deduction would be verified through proof of receipt of payment.

    If a teacher's union fails to demonstrate that a majority of the professional employees of the local board of education belong to the union as full dues paying members as described above, then the teacher's union may not submit a new request for recognition before October 1 of the next year.

    OTHER PROVISIONS

    Under present law, a memorandum of agreement between the representatives of the board of education and a recognized professional employees' organization must be presented to the board of education and to the membership of such organization for ratification or rejection. This amendment revises this provision to require that the memorandum of agreement be presented to all of the professional employees covered by the memorandum, regardless of whether or not they are members of the organization.

    This amendment specifies that the recognized professional employees' organization may not select more persons as negotiators than the board of education selects.

    Under present law, when the board of education and the recognized professional employees' organization are presented with petitions bearing the signatures of a majority of the professional employees in the negotiating unit indicating they no longer desire to be represented by the recognized organization, an election committee is established to conduct a decertification election on whether the organization should be decertified. This amendment specifies that such an election committee would be established when the board of education and the recognized organization are presented with petitions bearing the signatures of "at least 30 percent," instead of "a majority," of the professional employees in the negotiating unit.

    This amendment specifies that the director of schools may communicate with professional employees employed by the local board of education concerning any subject relevant to the operation of the school system, including conditions of professional employees' employment that are within the scope of negotiations.

    Under present law, when agreement is reached by the representatives of the board of education and the recognized professional employees' organization, they must jointly prepare a memorandum of understanding, and, within 14 calendar days, present it to their appropriate governing authorities for ratification or rejection. If either governing authority rejects or modifies any part of a proposed memorandum, the matter must be returned to the parties for further negotiation. This amendment removes the requirement that the proposed memorandum be returned for further negotiation if either governing authority rejects or modifies any part of it.

    This amendment removes all references to "locally negotiated agreements" in present law regarding education.

    This amendment states that it does not abridge or impair a contract or agreement governing terms and conditions of professional service entered into by a board of education and a recognized professional employees' organization before the effective date of this amendment. Any such contract or agreement would remain in full force and effect until the expiration of the contract or agreement.

    ON MAY 19, 2011, THE HOUSE FURTHER CONSIDERED SENATE BILL 113, ADOPTED AMENDMENTS # 9 AND #13 AND PASSED SENATE BILL 113 AS AMENDED BY AMENDMENTS #1, #9, AND #13.

    AMENDMENT #9 removes the provision specifying that a local board of education must negotiate with the recognized professional employees' organization only those conditions of employment for which the responsibility or performance requires the professional employee to be licensed by the department of education.

    This amendment restores the requirement that the board and the recognized professional employees' organization negotiate payroll deductions in good faith.

    This amendment restores the requirement that the proposed memorandum be returned for further negotiation if either governing authority rejects or modifies any part of it.

    Under the bill, salaries and benefits, among other things, relating to innovative educational programs, innovative high school programs, virtual education programs and other such programs are not subject to negotiations between the board of education and the teachers' union. This amendment removes this provision prohibiting the board of education and the teachers' union from negotiating such salaries and benefits.

    AMENDMENT #13 specifies that the board of education would select at least four persons as its negotiators. This amendment adds that it is intent of the general assembly that the provisions of the bill would not lessen insurance benefits established for licensed personnel as of the effective date of bill.

    ON MAY 19, 2011, THE SENATE NON-CONCURRED IN HOUSE AMENDMENTS #1, #9, AND #13.

    ON MAY 20, 2011, THE HOUSE REFUSED TO RECEDE FROM THE ADOPTION OF AMENDMENTS #1, #9, AND #13.

    ON MAY 20, 2011, THE SENATE REFUSED TO RECEDE IN ITS NON-CONCURRENCE. CONFERENCE COMMITTEE APPOINTED.

    ON MAY 20, 2011, THE HOUSE APPOINTED A CONFERENCE COMMITTEE.

    ON MAY 20, 2011, THE SENATE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE SENATE.

    ON MAY 20, 2011, THE HOUSE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE HOUSE.

  • No fiscal note for this bill.
  • House Floor and Committee Votes

    House moved to substitute and conform to HB0130

    SB0113 by Johnson - FLOOR VOTE: CONFERENCE COMMITTEE REPORT MOTION TO ADOPT 5/20/2011
    Passed
              Ayes...............................................55
              Noes...............................................40

              Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Carr, Casada, Casada, Cobb, Dean, Dennis, Elam, Eldridge, Evans, Faison, Floyd, Ford, Forgety, Gotto, Halford, Hall, Hardaway, Harwell, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Rich, Sanderson, Sargent, Sexton, Shipley, Sparks, Swann, Watson, Weaver, White, Williams R, Wirgau, Womick, Mr. Speaker Harwell -- 55.
              Representatives voting no were: Armstrong, Bass, Brown, Campbell, Camper, Coley, Cooper, Curtiss, DeBerry J, DeBerry L, Favors, Fitzhugh, Fitzhugh, Gilmore, Harmon, Harrison, Hawk, Hawk, Jones S, Kernell, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Ramsey, Richardson, Roach, Shaw, Shepard, Sontany, Stewart, Tidwell, Todd, Towns, Turner J, Turner M, Williams K, Windle, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 40.

    SB0113 by Johnson - FLOOR VOTE: PREVIOUS QUESTION CONFERENCE COMMITTEE REPORT MOTION TO ADOPT 5/20/2011
    Failed
              Ayes...............................................57
              Noes...............................................35

              Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Carr, Casada, Casada, Cobb, Coley, Dean, Dennis, Elam, Eldridge, Evans, Faison, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harwell, Hawk, Hawk, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shipley, Sparks, Swann, Watson, Weaver, White, Williams R, Womick, Mr. Speaker Harwell -- 57.
              Representatives voting no were: Bass, Brown, Campbell, Camper, Cooper, Curtiss, DeBerry J, DeBerry L, Favors, Fitzhugh, Fitzhugh, Gilmore, Hardaway, Harmon, Harrison, Jones S, Kernell, Lollar, McDonald, Miller L, Moore, Odom, Parkinson, Pitts, Pruitt, Richardson, Shaw, Shepard, Sontany, Stewart, Tidwell, Todd, Towns, Turner M, Williams K, Windle, Mr. Speaker Williams K -- 35.

    SB0113 by Johnson - FLOOR VOTE: AS AMENDED PASSAGE ON THIRD CONSIDERATION 5/19/2011
    Passed
              Ayes...............................................59
              Noes...............................................39

              Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Carr, Casada, Casada, Cobb, Coley, Dean, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Forgety, Gotto, Halford, Hall, Harwell, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Rich, Sanderson, Sargent, Sexton, Shipley, Sparks, Swann, Todd, Watson, Weaver, White, Williams R, Wirgau, Womick, Mr. Speaker Harwell -- 59.
              Representatives voting no were: Armstrong, Bass, Brown, Campbell, Camper, Cooper, Curtiss, DeBerry J, DeBerry L, Favors, Fitzhugh, Fitzhugh, Ford, Gilmore, Hardaway, Harmon, Harrison, Jones S, Kernell, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Ramsey, Richardson, Roach, Shaw, Shepard, Sontany, Stewart, Tidwell, Towns, Turner J, Turner M, Williams K, Windle, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 39.

    SB0113 by Johnson - FLOOR VOTE: MOTION TO LIMIT DEBATE AS AMENDED PASSAGE ON THIRD CONSIDERATION 5/19/2011
    Passed
              Ayes...............................................62
              Noes...............................................34

              Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Casada, Cobb, Dean, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harrison, Harwell, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Sparks, Swann, Todd, Watson, Weaver, White, Williams R, Wirgau, Womick, Mr. Speaker Harwell -- 62.
              Representatives voting no were: Armstrong, Bass, Brown, Camper, Coley, Cooper, Curtiss, DeBerry J, DeBerry L, Favors, Fitzhugh, Fitzhugh, Gilmore, Hardaway, Harmon, Jones S, Kernell, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Shaw, Shepard, Shipley, Sontany, Stewart, Tidwell, Towns, Turner J, Turner M, Windle, Mr. Speaker Naifeh -- 34.

    SB0113 by Johnson - FLOOR VOTE: PREVIOUS QUESTION AS AMENDED PASSAGE ON THIRD CONSIDERATION 5/19/2011
    Failed
              Ayes...............................................61
              Noes...............................................34

              Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Carr, Casada, Casada, Cobb, Coley, Dean, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harwell, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lollar, Lundberg, Maggart, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shipley, Sparks, Swann, Todd, Watson, Weaver, White, Williams R, Wirgau, Womick, Mr. Speaker Harwell -- 61.
              Representatives voting no were: Armstrong, Bass, Brown, Campbell, Camper, Cooper, Curtiss, DeBerry J, DeBerry L, Favors, Fitzhugh, Fitzhugh, Hardaway, Harmon, Jones S, Kernell, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Richardson, Shaw, Shepard, Sontany, Stewart, Tidwell, Towns, Turner J, Turner M, Williams K, Windle, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 34.

    SB0113 by Johnson - FLOOR VOTE: MOTION TO LIMIT DEBATE AS AMENDED PASSAGE ON THIRD CONSIDERATION 5/19/2011
    Passed
              Ayes...............................................64
              Noes...............................................32

              Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Casada, Cobb, Coley, Dean, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harrison, Harwell, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shipley, Sparks, Swann, Todd, Watson, Weaver, White, Williams K, Williams R, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Williams K -- 64.
              Representatives voting no were: Armstrong, Bass, Brown, Camper, Cooper, Curtiss, DeBerry J, DeBerry L, Favors, Fitzhugh, Fitzhugh, Gilmore, Hardaway, Jones S, Kernell, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Richardson, Shaw, Shepard, Sontany, Stewart, Tidwell, Towns, Turner J, Turner M, Windle, Mr. Speaker Naifeh -- 32.

    SB0113 by Johnson - FLOOR VOTE: LAY ON THE TABLE MOTION TO ADOPT AMENDMENT # 6 BY Naifeh PASSAGE ON THIRD CONSIDERATION 5/19/2011
    Passed
              Ayes...............................................57
              Noes...............................................39

              Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Carr, Casada, Casada, Cobb, Dean, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Forgety, Gotto, Halford, Hall, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lollar, Lundberg, Maggart, Marsh, Matheny, McCormick, McCormick, McDaniel, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Sanderson, Sargent, Sexton, Shipley, Sparks, Swann, Todd, Watson, Weaver, White, Williams R, Wirgau, Womick -- 57.
              Representatives voting no were: Armstrong, Bass, Brown, Campbell, Camper, Coley, Cooper, Curtiss, DeBerry J, DeBerry L, Favors, Fitzhugh, Fitzhugh, Ford, Gilmore, Hardaway, Harmon, Harrison, Jones S, Kernell, Matlock, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Richardson, Roach, Shaw, Shepard, Sontany, Stewart, Tidwell, Towns, Turner J, Williams K, Windle, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 39.

    SB0113 by Johnson - FLOOR VOTE: TO HEEL AMENDMENT # 6 BY Naifeh PASSAGE ON THIRD CONSIDERATION 5/19/2011
    Failed
              Ayes...............................................34
              Noes...............................................54

              Representatives voting aye were: Armstrong, Bass, Brown, Camper, Coley, Cooper, Curtiss, DeBerry J, DeBerry L, Favors, Fitzhugh, Fitzhugh, Gilmore, Hardaway, Harmon, Kernell, McDonald, Miller L, Montgomery, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Richardson, Shaw, Shepard, Sontany, Stewart, Tidwell, Towns, Turner J, Turner M, Windle, Mr. Speaker Naifeh -- 34.
              Representatives voting no were: Alexander, Brooks K, Butt, Carr, Casada, Casada, Cobb, Dean, Dennis, Elam, Eldridge, Evans, Faison, Floyd, Forgety, Gotto, Hall, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McManus, Miller D, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Sanderson, Sargent, Sexton, Shipley, Sparks, Swann, Todd, Watson, Weaver, White, Williams R, Wirgau, Womick -- 54.

    SB0113 by Johnson - FLOOR VOTE: tO HEEL AMENDMENT # 6 BY Naifeh PASSAGE ON THIRD CONSIDERATION 5/19/2011
    Failed
              Ayes...............................................21
              Noes...............................................64

              Representatives voting aye were: Armstrong, Bass, Brown, Camper, Cooper, Curtiss, Favors, Gilmore, Harmon, Jones S, Kernell, McDonald, Miller L, Moore, Odom, Pitts, Richardson, Shaw, Sontany, Towns, Windle -- 21.
              Representatives voting no were: Alexander, Brooks K, Butt, Carr, Casada, Casada, Cobb, Coley, Dean, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Fitzhugh, Floyd, Forgety, Gotto, Halford, Hall, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McManus, Miller D, Naifeh, Niceley, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Sanderson, Sargent, Sexton, Shepard, Shipley, Sparks, Stewart, Swann, Todd, Turner J, Turner M, Watson, Weaver, White, Williams R, Wirgau, Womick, Mr. Speaker Naifeh -- 64.

    SB0113 by Johnson - FLOOR VOTE: LAY ON THE TABLE MOTION TO CONSIDER AMENDMENT # 21 BY McDonald PASSAGE ON THIRD CONSIDERATION 5/19/2011
    Passed
              Ayes...............................................60
              Noes...............................................37

              Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Carr, Casada, Casada, Cobb, Dean, DeBerry J, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Forgety, Gotto, Halford, Hall, Harwell, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Sanderson, Sargent, Sexton, Shipley, Sparks, Swann, Todd, Watson, Weaver, White, Williams R, Wirgau, Womick, Mr. Speaker Harwell -- 60.
              Representatives voting no were: Armstrong, Bass, Brown, Campbell, Camper, Cooper, Curtiss, DeBerry L, Favors, Fitzhugh, Fitzhugh, Ford, Gilmore, Hardaway, Harmon, Harrison, Jones S, Kernell, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Richardson, Roach, Shaw, Shepard, Sontany, Stewart, Tidwell, Towns, Turner J, Turner M, Williams K, Windle, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 37.

    SB0113 by Johnson - FLOOR VOTE: LAY ON THE TABLE MOTION TO ADOPT AMENDMENT # 19 BY Bass PASSAGE ON THIRD CONSIDERATION 5/19/2011
    Passed
              Ayes...............................................59
              Noes...............................................37

              Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Carr, Casada, Casada, Dean, DeBerry J, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Forgety, Gotto, Halford, Hall, Harwell, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Sanderson, Sargent, Sexton, Shipley, Sparks, Swann, Todd, Watson, Weaver, White, Williams R, Wirgau, Womick, Mr. Speaker Harwell -- 59.
              Representatives voting no were: Armstrong, Bass, Brown, Campbell, Cobb, Coley, Cooper, Curtiss, DeBerry L, Favors, Fitzhugh, Fitzhugh, Ford, Gilmore, Hardaway, Harmon, Harrison, Jones S, Kernell, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Roach, Shaw, Shepard, Sontany, Stewart, Tidwell, Towns, Turner J, Turner M, Williams K, Windle, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 37.

    SB0113 by Johnson - FLOOR VOTE: LAY ON THE TABLE MOTION TO ADOPT AMENDMENT # 16 BY Shepard PASSAGE ON THIRD CONSIDERATION 5/19/2011
    Passed
              Ayes...............................................59
              Noes...............................................39

              Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Carr, Casada, Casada, Dean, DeBerry J, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Forgety, Gotto, Halford, Hall, Harwell, Hawk, Hawk, Haynes, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Richardson, Sanderson, Sargent, Sexton, Shipley, Sparks, Swann, Todd, Watson, Weaver, White, Williams R, Wirgau, Womick, Mr. Speaker Harwell -- 59.
              Representatives voting no were: Armstrong, Bass, Brown, Campbell, Camper, Cobb, Coley, Cooper, Curtiss, DeBerry L, Favors, Fitzhugh, Fitzhugh, Ford, Gilmore, Hardaway, Harmon, Harrison, Hensley, Jones S, Kernell, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Roach, Shaw, Shepard, Sontany, Stewart, Tidwell, Towns, Turner J, Turner M, Williams K, Windle, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 39.

    SB0113 by Johnson - FLOOR VOTE: LAY ON THE TABLE MOTION TO ADOPT AMENDMENT # 15 BY Gilmore PASSAGE ON THIRD CONSIDERATION 5/19/2011
    Passed
              Ayes...............................................60
              Noes...............................................38

              Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Carr, Casada, Casada, Cobb, Dean, DeBerry J, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Forgety, Gotto, Halford, Hall, Harwell, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Sanderson, Sargent, Sexton, Shipley, Sparks, Swann, Todd, Watson, Weaver, White, Williams R, Wirgau, Womick, Mr. Speaker Harwell -- 60.
              Representatives voting no were: Armstrong, Bass, Brown, Campbell, Camper, Coley, Cooper, Curtiss, DeBerry L, Favors, Fitzhugh, Fitzhugh, Ford, Gilmore, Hardaway, Harmon, Harrison, Jones S, Kernell, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Richardson, Roach, Shaw, Shepard, Sontany, Stewart, Tidwell, Towns, Turner J, Turner M, Williams K, Windle, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 38.

    SB0113 by Johnson - FLOOR VOTE: LAY ON THE TABLE AMENDMENT # 11 BY Harrison PASSAGE ON THIRD CONSIDERATION 5/19/2011
    Passed
              Ayes...............................................54
              Noes...............................................41

              Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Carr, Casada, Casada, Cobb, Dean, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Forgety, Gotto, Halford, Hall, Harwell, Haynes, Hensley, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Rich, Sanderson, Sargent, Sexton, Shipley, Sparks, Swann, Watson, Weaver, White, Williams R, Wirgau, Womick, Mr. Speaker Harwell -- 54.
              Representatives voting no were: Armstrong, Bass, Brown, Campbell, Camper, Coley, Cooper, Curtiss, DeBerry J, DeBerry L, Favors, Fitzhugh, Fitzhugh, Ford, Gilmore, Hardaway, Harmon, Harrison, Jones S, Kernell, Lollar, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Richardson, Roach, Shaw, Shepard, Sontany, Stewart, Tidwell, Todd, Towns, Turner J, Turner M, Williams K, Windle, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 41.

    SB0113 by Johnson - FLOOR VOTE: MOTION TO ADOPT AMENDMENT # 9 BY Brooks H PASSAGE ON THIRD CONSIDERATION 5/19/2011
    Passed
              Ayes...............................................81
              Noes...............................................11

              Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Butt, Campbell, Camper, Carr, Casada, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Ford, Forgety, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Harwell, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McManus, Miller D, Miller L, Montgomery, Naifeh, Niceley, Odom, Parkinson, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shepard, Shipley, Sparks, Swann, Tidwell, Todd, Turner J, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 81.
              Representatives voting no were: Cooper, DeBerry L, Favors, Jones S, Moore, Richardson, Shaw, Sontany, Stewart, Towns, Turner M -- 11.

    SB0113 by Johnson - FLOOR VOTE: LAY ON THE TABLE MOTION TO ADOPT AMENDMENT # 8 BY Turner M PASSAGE ON THIRD CONSIDERATION 5/19/2011
    Passed
              Ayes...............................................59
              Noes...............................................38

              Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Carr, Casada, Casada, Cobb, Dean, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Forgety, Gotto, Halford, Hall, Harwell, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Sanderson, Sargent, Sexton, Shipley, Sparks, Swann, Todd, Watson, Weaver, White, Williams R, Wirgau, Womick, Mr. Speaker Harwell -- 59.
              Representatives voting no were: Armstrong, Bass, Brown, Campbell, Camper, Cooper, Curtiss, DeBerry J, DeBerry L, Favors, Fitzhugh, Fitzhugh, Ford, Gilmore, Hardaway, Harmon, Harrison, Jones S, Kernell, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Richardson, Roach, Shaw, Shepard, Sontany, Stewart, Tidwell, Towns, Turner J, Turner M, Williams K, Windle, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 38.

    SB0113 by Johnson - FLOOR VOTE: LAY ON THE TABLE MOTION TO ADOPT AMENDMENT # 3 BY Fitzhugh PASSAGE ON THIRD CONSIDERATION 5/19/2011
    Passed
              Ayes...............................................60
              Noes...............................................35

              Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Carr, Casada, Casada, Cobb, Coley, Dean, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Forgety, Gotto, Halford, Hall, Harwell, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Sanderson, Sargent, Sexton, Shipley, Sparks, Swann, Turner M, Watson, Weaver, White, Williams R, Wirgau, Womick, Mr. Speaker Harwell -- 60.
              Representatives voting no were: Armstrong, Bass, Brown, Campbell, Camper, Cooper, Curtiss, DeBerry J, DeBerry L, Favors, Fitzhugh, Fitzhugh, Ford, Gilmore, Hardaway, Harrison, Jones S, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Richardson, Roach, Shaw, Shepard, Sontany, Stewart, Tidwell, Towns, Turner J, Williams K, Windle, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 35.

              HB0130 by Maggart - HOUSE CALENDAR & RULES COMMITTEE:
    Recommended for passage - refer to: House Regular Calendar 1 5/12/2011
              Voice Vote - Ayes Prevail Rep.(s) Fitzhugh, Naifeh, Towns, Turner M requested to be recorded as voting No

    HB0130 by Maggart - HOUSE FINANCE, WAYS & MEANS COMMITTEE:
    Recommended for passage - refer to: Finance, Ways & Means Committee 5/11/2011
    Passed
              Ayes...............................................13
              Noes...............................................12

              Representatives voting aye were: Alexander, Brooks H, Brooks K, Carr, Eldridge, Hall, Harwell, Hawk, Hawk, Johnson C, Johnson C, Matheny, McCormick, McCormick, McDaniel, McDaniel, Sargent, Mr. Speaker Harwell -- 13.
              Representatives voting no were: Armstrong, Brown, Campbell, DeBerry L, Fitzhugh, Fitzhugh, Harrison, Miller L, Naifeh, Odom, Roach, Shaw, Tindell, Mr. Speaker Naifeh -- 12.

    HB0130 by Maggart - HOUSE EDUCATION ADMINISTRATION & PLANNING COMMITTEE:
    Recommended for passage - refer to: Finance, Ways & Means Committee 5/10/2011
    Passed
              Ayes...............................................11
              Noes................................................6

              Representatives voting aye were: Brooks H, Carr, Dunn, Forgety, Hensley, Lollar, Maggart, Montgomery, Powers, Ragan, Williams R -- 11.
              Representatives voting no were: DeBerry J, DeBerry L, Fitzhugh, Fitzhugh, Naifeh, Pitts, Windle, Mr. Speaker Naifeh -- 6.

    HB0130 by Maggart - HOUSE FINANCE, WAYS & MEANS SUBCOMMITTEE:
    Recommended for passage - refer to: Finance, Ways & Means Committee 3/30/2011
    Passed
              Ayes................................................7
              Noes................................................6

              Representatives voting aye were: Brooks K, Harwell, Johnson C, Johnson C, Matheny, McCormick, McCormick, McDaniel, McDaniel, Sargent, Mr. Speaker Harwell -- 7.
              Representatives voting no were: DeBerry L, Fitzhugh, Fitzhugh, Naifeh, Odom, Shaw, Tindell, Mr. Speaker Naifeh -- 6.

    HB0130 by Maggart - HOUSE EDUCATION ADMINISTRATION & PLANNING COMMITTEE:
    Recommended for passage w/amendments- refer to: Finance, Ways & Means Committee 3/22/2011
    Passed
              Ayes...............................................12
              Noes................................................6

              Representatives voting aye were: Brooks H, Brooks K, Carr, Dunn, Forgety, Hensley, Lollar, Maggart, Montgomery, Powers, Ragan, Williams R -- 12.
              Representatives voting no were: DeBerry J, DeBerry L, Fitzhugh, Fitzhugh, Naifeh, Pitts, Windle, Mr. Speaker Naifeh -- 6.

    HB0130 by Maggart - HOUSE EDUCATION ADMINISTRATION & PLANNING SUBCOMMITTEE:
    Recommended for passage w/amendments- refer to: Education Committee 3/16/2011
    Passed
              Ayes................................................8
              Noes................................................5

              Representatives voting aye were: Brooks H, Brooks K, Carr, Dunn, Hensley, Lollar, Maggart, Montgomery -- 8.
              Representatives voting no were: DeBerry J, DeBerry L, Fitzhugh, Fitzhugh, Naifeh, Pitts, Mr. Speaker Naifeh -- 5.

    Senate Floor and Committee Votes

    SB0113 by Johnson - FLOOR VOTE: MOTION TO ADOPT Conference Committee Report 5/20/2011
    Passed
              Ayes...............................................19
              Noes...............................................12

              Senators voting aye were: Beavers, Bell, Campfield, Crowe, Faulk, Gresham, Johnson, Kelsey, Ketron, McNally, Norris, Ramsey, Roberts, Southerland, Summerville, Tracy, Watson, Woodson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 19.
              Senators voting no were: Barnes, Berke, Burks, Finney L, Ford, Harper, Herron, Kyle, Marrero, Overbey, Stewart, Tate -- 12.

              SB0113 by Johnson - FLOOR VOTE: NONCONCUR IN HOUSE AMD# 13 5/19/2011
              VOICE VOTE: Failed

              SB0113 by Johnson - FLOOR VOTE: NONCONCUR IN HOUSE AMD# 1 5/19/2011
              VOICE VOTE: Failed

    SB0113 by Johnson - FLOOR VOTE: THIRD CONSIDERATION AMENDED 5/2/2011
    Passed
              Ayes...............................................18
              Noes...............................................14

              Senators voting aye were: Beavers, Bell, Campfield, Crowe, Faulk, Gresham, Johnson, Kelsey, Ketron, McNally, Norris, Ramsey, Roberts, Summerville, Tracy, Watson, Woodson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 18.
              Senators voting no were: Barnes, Berke, Burks, Finney L, Ford, Harper, Haynes, Henry, Herron, Kyle, Marrero, Overbey, Stewart, Tate -- 14.

    SB0113 by Johnson - FLOOR VOTE: PREVIOUS QUESTION MOTION THIRD CONSIDERATION AMENDED 5/2/2011
    Passed
              Ayes...............................................18
              Noes...............................................12

              Senators voting aye were: Beavers, Bell, Campfield, Crowe, Faulk, Gresham, Johnson, Kelsey, Ketron, McNally, Norris, Ramsey, Roberts, Summerville, Tracy, Watson, Woodson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 18.
              Senators voting no were: Barnes, Berke, Burks, Finney L, Ford, Harper, Haynes, Herron, Kyle, Marrero, Stewart, Tate -- 12.

    SB0113 by Johnson - FLOOR VOTE: LAY ON THE TABLE MOTION TO ADOPT AMEND# 6 BY Kyle 5/2/2011
    Passed
              Ayes...............................................18
              Noes...............................................13

              Senators voting aye were: Beavers, Bell, Campfield, Crowe, Faulk, Gresham, Johnson, Kelsey, Ketron, McNally, Norris, Ramsey, Roberts, Summerville, Tracy, Watson, Woodson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 18.
              Senators voting no were: Barnes, Berke, Burks, Finney L, Ford, Harper, Haynes, Henry, Herron, Kyle, Marrero, Stewart, Tate -- 13.

              SB0113 by Johnson - FLOOR VOTE: MOTION TO ADOPT AMEND# 1 TO AMEND# 5 5/2/2011
              VOICE VOTE: Failed

    SB0113 by Johnson - FLOOR VOTE: REREFER TO COMMITTEE 4/28/2011
    Failed
              Ayes...............................................13
              Noes...............................................16

              Senators voting aye were: Barnes, Berke, Burks, Finney L, Ford, Harper, Haynes, Henry, Herron, Kyle, Marrero, Stewart, Tate -- 13.
              Senators voting no were: Beavers, Campfield, Crowe, Faulk, Gresham, Johnson, Kelsey, Ketron, Ramsey, Roberts, Southerland, Summerville, Tracy, Watson, Woodson, Yager, Mr. Speaker Ramsey -- 16.

    SB0113 by Johnson - SENATE FINANCE, WAYS AND MEANS COMMITTEE:
    Recommended for passage - refer to: S. Cal. Comm. 4/26/2011
    Passed
              Ayes................................................6
              Noes................................................5

              Senators voting aye were: Kelsey, Ketron, McNally, Norris, Watson, Woodson, Mr. Speaker McNally -- 6.
              Senators voting no were: Finney L, Haynes, Henry, Kyle, Overbey -- 5.

    SB0113 by Johnson - SENATE FINANCE, WAYS AND MEANS COMMITTEE:
    Recommended for passage - refer to: 4/26/2011
    Passed
              Ayes................................................9
              Noes................................................0

              Senators voting aye were: Finney L, Haynes, Kelsey, Ketron, Kyle, McNally, Norris, Watson, Woodson, Mr. Speaker McNally -- 9.

    SB0113 by Johnson - SENATE EDUCATION COMMITTEE:
    Recommended for passage w/amendments- refer to: S. Cal. Comm. 4/20/2011
    Passed
              Ayes................................................6
              Noes................................................3

              Senators voting aye were: Crowe, Gresham, Kelsey, Summerville, Tracy, Woodson -- 6.
              Senators voting no were: Berke, Burks, Tate -- 3.

    SB0113 by Johnson - SENATE EDUCATION COMMITTEE:
    Recommended for passage w/amendments- refer to: S. Cal. Comm. 2/16/2011
    Passed
              Ayes................................................6
              Noes................................................3

              Senators voting aye were: Crowe, Gresham, Kelsey, Summerville, Tracy, Woodson -- 6.
              Senators voting no were: Berke, Burks, Tate -- 3.