Democrats SUCK!!

[The Troll]

I typically do not chew my cabbage twice. . .

But simple contract law will guide you to the first. . .

  Quote the DarkHawk ever more: "I am not a Republican, I am not anti-union, I am an independent."  You sure push his buttons when you mentioned The Teabaggers and their hidden agenda.  It's not hard to bring out the liars. 

[Nighthawk]

I typically do not chew my cabbage twice. . .

But simple contract law will guide you to the first. . .

What contracts would be violated?

[Palehorse]

What contracts would be violated?

Those of state workers, teachers, etc. which are the driver behind the bill.

Section 24. No ex post facto law, or law impairing the obligation of contracts, shall ever be passed.

http://www.in.gov/legislative/ic/code/const/art1.html

[Nighthawk]

Those of state workers, teachers, etc. which are the driver behind the bill.

http://www.in.gov/legislative/ic/code/const/art1.html

Have you read the bill?

In particular, this part:

Sec. 13. (a) Sections 8 through 12 of this chapter:
        (1) apply to a written or an oral contract or agreement entered into, modified, renewed, or extended after June 30, 2011; and
        (2) do not apply to or abrogate a written or an oral contract

or agreement in effect on June 30, 2011.

Looks to me that it had no effect on any contract that is in effect on or before June 30, 2011. That it only effected contracts entered into after this date.

[Palehorse]

Have you read the bill?

In particular, this part:

Sec. 13. (a) Sections 8 through 12 of this chapter:
        (1) apply to a written or an oral contract or agreement entered into, modified, renewed, or extended after June 30, 2011; and
        (2) do not apply to or abrogate a written or an oral contract

or agreement in effect on June 30, 2011.

Looks to me that it had no effect on any contract that is in effect on or before June 30, 2011. That it only effected contracts entered into after this date.

Too bad it isn't that simple. This legislation directly impacts integral portions of the contracts surrounding compensation, and the mutually agreed to language surrounding continuation of all contents past expiration dating, as well as inclusion of same within future contracts unless negotiated otherwise and agreed to.

You have a link that provides a FULL copy of the bill and its language?

[Nighthawk]

Too bad it isn't that simple. This legislation directly impacts integral portions of the contracts surrounding compensation, and the mutually agreed to language surrounding continuation of all contents past expiration dating, as well as inclusion of same within future contracts unless negotiated otherwise and agreed to.

You have a link that provides a FULL copy of the bill and its language?

Yes I do have a link. Don't you?

[Palehorse]

Yes I do have a link. Don't you?

Prove it. . .

[Nighthawk]

Prove it. . .

I already did. I just cut and pasted a section of it. If you have read the bill then you should be able to confirm this.

[Palehorse]

I already did. I just cut and pasted a section of it. If you have read the bill then you should be able to confirm this.

What you cut and pasted from is from the digest / synopsis of the bill, and NOT the bill itself. . .

[Nighthawk]

What you cut and pasted from is from the digest / synopsis of the bill, and NOT the bill itself. . .

Nope. The synopsis of the bill reads:

Synopsis: Employee's right to work. Makes it a Class A misdemeanor to require an individual to: (1) become or remain a member of a labor organization; (2) pay dues, fees, or other charges to a labor organization; or (3) pay to a charity or another third party an amount that represents dues, fees, or other charges required of members of a labor organization; as a condition of employment or continuation of employment. Establishes a separate private right of action for violations or threatened violations.

[Palehorse]

Nope. The synopsis of the bill reads:

Synopsis: Employee's right to work. Makes it a Class A misdemeanor to require an individual to: (1) become or remain a member of a labor organization; (2) pay dues, fees, or other charges to a labor organization; or (3) pay to a charity or another third party an amount that represents dues, fees, or other charges required of members of a labor organization; as a condition of employment or continuation of employment. Establishes a separate private right of action for violations or threatened violations.

LINK????

[Palehorse]

Introduced Version





HOUSE BILL No. 1538

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 22-2-2-10.5.
Synopsis: Minimum wage required by local unit. Prohibits a unit from establishing, mandating, or requiring a minimum wage that exceeds the state minimum wage unless federal or state law provides otherwise. Allows a unit to establish wage rates in a contract to which the unit is a party.
Effective: July 1, 2011.


Speedy


    January 20, 2011, read first time and referred to Committee on Employment, Labor and Pensions.



Introduced

First Regular Session 117th General Assembly (2011)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.

HOUSE BILL No. 1538


    A BILL FOR AN ACT to amend the Indiana Code concerning labor and safety.
Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 22-2-2-10.5; (11)IN1538.1.1. -->     SECTION 1. IC 22-2-2-10.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 10.5. (a) As used in this section, "unit" has the meaning set forth in IC 36-1-2-23.
    (b) Unless federal or state law provides otherwise, a unit may not:
        (1) establish;
        (2) mandate; or
        (3) otherwise require;
a minimum wage that exceeds the minimum wage required by section 4 of this chapter.
    (c) This section does not limit the authority of a unit to establish wage rates in a contract to which the unit is a party.

http://www.in.gov/legislative/bills/2011/IN/IN1538.1.html

[Palehorse]

Now,produce a link to your source or are you making all of this up???

[Palehorse]

Nope. The synopsis of the bill reads:

Synopsis: Employee's right to work. Makes it a Class A misdemeanor to require an individual to: (1) become or remain a member of a labor organization; (2) pay dues, fees, or other charges to a labor organization; or (3) pay to a charity or another third party an amount that represents dues, fees, or other charges required of members of a labor organization; as a condition of employment or continuation of employment. Establishes a separate private right of action for violations or threatened violations.

You are quoting right to work legislation. . . which is the second part of this union busting agenda.

[Palehorse]

February 18, 2011








HOUSE BILL No. 1538

_____


DIGEST OF HB 1538 (Updated February 15, 2011 12:59 pm - DI 96)



Citations Affected: IC 22-2.
Synopsis: Minimum wage required by local unit. Prohibits a unit from establishing, mandating, or requiring a minimum wage that exceeds the state minimum wage unless federal or state law provides otherwise. Allows a unit to establish wage rates in a contract to which the unit is a party.
Effective: July 1, 2011.





Speedy





    January 20, 2011, read first time and referred to Committee on Employment, Labor and Pensions.
    February 17, 2011, reported _ Do Pass. Yeas 55, nays 38.







February 18, 2011


First Regular Session 117th General Assembly (2011)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.






HOUSE BILL No. 1538




    A BILL FOR AN ACT to amend the Indiana Code concerning labor and safety.


Be it enacted by the General Assembly of the State of Indiana:



SOURCE: IC 22-2-2-10.5; (11)HB1538.1.1. -->     SECTION 1. IC 22-2-2-10.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 10.5. (a) As used in this section, "unit" has the meaning set forth in IC 36-1-2-23.
    (b) Unless federal or state law provides otherwise, a unit may not:
        (1) establish;
        (2) mandate; or
        (3) otherwise require;
a minimum wage that exceeds the minimum wage required by section 4 of this chapter.
    (c) This section does not limit the authority of a unit to establish wage rates in a contract to which the unit is a party.

Action List: House Bill 1538
2011 1st Regular Session

Authors:  Speedy

Date   Chamber         Action
01/20/2011   H         Authored by Representative Speedy
01/20/2011   H         First reading: referred to Committee on Employment, Labor and Pensions
02/17/2011   H         Minority report not substituted for majority report
02/17/2011   H         Roll Call 200: yeas 37, nays 58
02/17/2011   H         Committee report: do pass, adopted
02/17/2011   H         Roll Call 201: yeas 55, nays 38

LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
LS 7139 BILL NUMBER: HB 1538
SUBJECT: Minimum Wage Required by Local Unit. FIRST AUTHOR: Rep. Speedy
FIRST SPONSOR:
FUNDS AFFECTED:   GENERAL DEDICATED
FEDERAL
NOTE PREPARED: Jan 1, 2011 BILL AMENDED:
BILL STATUS: As Introduced IMPACT: Local
200 W. Washington, Suite 301 Indianapolis, IN 46204 (317) 233-0696 http://www.in.gov/legislative
FISCAL IMPACT STATEMENT
Summary of Legislation: The bill prohibits a unit from establishing, mandating, or requiring a minimum wage that exceeds the state minimum wage unless federal or state law provides otherwise. The bill allows a unit to establish wage rates in a contract to which the unit is a party.
Effective Date: July 1, 2011. Explanation of State Expenditures: Explanation of State Revenues:
Explanation of Local Expenditures: The prohibition of a minimum wage rate above the state rate would have an indeterminable impact on local expenditures. The state minimum wage is currently $7.25 as provided by federal law (29 U.S.C. 201 et seq.)
It is currently unknown how many units have mandates requiring payment of a wage exceeding the state minimum wage. To the extent that this provision voids any existing ordinances, there would be a savings to local units no longer required to pay a wage above the state minimum wage to every employee. Ultimately the fiscal impact to local expenditures would be determined by future local unit hiring practices.
Explanation of Local Revenues: State Agencies Affected:
HB 1538+   1
Local Agencies Affected: Counties; municipalities; townships. Information Sources: Fiscal Analyst: Chris Baker, 317-232-9851.
HB 1538+   2

HB 1538-1_ Filed 02/21/2011, 11:11 Speedy


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]
MR. SPEAKER:

    I move that House Bill 1538 be amended to read as follows:

SOURCE: Page 1, line 11; (11)MO153801.1. -->     Page 1, line 11, delete "chapter." and insert " chapter or by the federal minimum hourly wage prescribed by 29 U.S.C. 206(a)(1).".
    (Reference is to HB 1538 as printed February 18, 2011.)




________________________________________

Representative Speedy


MO153801/DI 96     2011

HB 1538-2_ Filed 02/21/2011, 11:28 Tyler


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]
MR. SPEAKER:

    I move that House Bill 1538 be amended to read as follows:


SOURCE: Page 1, line 5; (11)MO153803.1. -->     Page 1, line 5, delete "Unless" and insert " Subject to subsection (d), unless".
    Page 1, after line 13, begin a new paragraph and insert:
    " (d) A unit is not required to comply with subsection (b) if the minimum wage established by subsection (b) allows an individual to qualify for assistance from federal or state public welfare programs.".
    (Reference is to HB 1538 as printed February 18, 2011.)





________________________________________

Representative Tyler


MO153803/DI 102     2011

HB 1538-3_ Filed 02/21/2011, 11:30 Riecken


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]
MR. SPEAKER:

    I move that House Bill 1538 be amended to read as follows:
    Delete the title and insert the following:
    A BILL FOR AN ACT to amend the Indiana Code concerning local government.
SOURCE: Page 1, line 1; (11)MO153802.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 20-47-6; (11)MO153802.1. -->     "SECTION 1. IC 20-47-6 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
     Chapter 6. Compliance With Public Works Laws
    Sec. 1. As used in this chapter, "school building" means a building used as part of or in connection with the operation of a school and includes the:
        (1) site for the building;
        (2) equipment for the building; and
        (3) appurtenances to the building, such as heating facilities, water supply, sewage disposal, landscaping, walks, drives, and playgrounds.
However, the term does not include a building that is designed for and to be used exclusively for interschool athletic contests.
    Sec. 2. IC 36-1-12 applies to the construction, reconstruction, alteration, or renovation of a school building covered by a lease entered into under this article.
    Sec. 3. A lease entered into under this article must provide that IC 36-1-12 applies to the construction, reconstruction, alteration,
or renovation of a school building covered by a lease entered into under this article.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1538 as printed February 18, 2011.)




________________________________________

Representative Riecken


MO153802/DI 75     2011