to adopt the amendment to HB 4206 (H-2).
Representative Wentworth moved to adopt the amendment to HB 4206 (H-2). The motion prevailed 7-4-0: FAVORABLE ROLL CALL Yeas: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth. Nays: Reps. Warren, Byrd, Neeley, Hertel. Pass: None. Representative Warren offered the following amendment to HB 4206 (H-2): 1. Amend page 8, line 6, by striking out all of subsection (4) and inserting: "(4) ALL OF THE FOLLOWING APPLY TO THE PROVISION OF PUPIL INSTRUCTION: (A) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, THE FIRST 6 DAYS OR THE EQUIVALENT NUMBER OF HOURS FOR WHICH PUPIL INSTRUCTION IS NOT PROVIDED BECAUSE OF CONDITIONS NOT WITHIN THE CONTROL OF SCHOOL AUTHORITIES, SUCH AS SEVERE STORMS, FIRES, EPIDEMICS, UTILITY POWER UNAVAILABILITY, WATER OR SEWER FAILURE, OR HEALTH CONDITIONS AS DEFINED BY THE CITY, COUNTY, OR STATE HEALTH AUTHORITIES, ARE COUNTED AS HOURS AND DAYS OF PUPIL INSTRUCTION. (B) IN ADDITION TO THE 6 DAYS UNDER SUBDIVISION (A), WITH THE APPROVAL OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION, THE DEPARTMENT SHALL COUNT AS HOURS AND DAYS OF PUPIL INSTRUCTION THE DAYS AND THE EQUIVALENT NUMBER OF HOURS FOR WHICH PUPIL INSTRUCTION IS NOT PROVIDED THAT ARE INCLUDED IN A PERIOD FOR WHICH THE GOVERNOR HAS ISSUED AN EXECUTIVE ORDER DECLARING A STATE OF EMERGENCY IF ALL OF THE FOLLOWING REQUIREMENTS ARE MET: (i) SUBJECT TO SUBSECTION (14), THE DISTRICT PROVIDES ITS HOURLY EMPLOYEES THE FULL COMPENSATION THAT THEY WOULD HAVE BEEN ENTITLED TO HAD THEY WORKED FOR THE PERIOD DURING WHICH PUPIL INSTRUCTION WAS NOT PROVIDED AS DESCRIBED IN THIS SUBDIVISION. THIS SUBPARAGRAPH DOES NOT APPLY TO AN HOURLY EMPLOYEE COVERED BY A COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT AGREEMENT THAT IS RATIFIED AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBPARAGRAPH OR AN HOURLY EMPLOYEE WHO IS EMPLOYED BY THE DISTRICT AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBPARAGRAPH. (ii) THE DISTRICT PROVIDES WRITTEN DOCUMENTATION TO THE DEPARTMENT THAT ITS HOURLY EMPLOYEES DESCRIBED UNDER SUBPARAGRAPH (i) TO WHOM SUBPARAGRAPH (i) APPLIES RECEIVED FULL COMPENSATION AS REQUIRED UNDER SUBPARAGRAPH (i). (iii) PART OR ALL OF THE DISTRICT IS LOCATED IN A GEOGRAPHIC AREA FOR WHICH AN EXECUTIVE ORDER DESCRIBED UNDER THIS SUBDIVISION APPLIES. (C) WITH THE APPROVAL OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION, THE DEPARTMENT SHALL COUNT AS HOURS AND DAYS OF PUPIL INSTRUCTION FOR A FISCAL YEAR NOT MORE THAN 3 ADDITIONAL DAYS OR THE EQUIVALENT NUMBER OF ADDITIONAL HOURS FOR WHICH PUPIL INSTRUCTION IS NOT PROVIDED IN A DISTRICT DUE TO UNUSUAL AND EXTENUATING OCCURRENCES RESULTING FROM CONDITIONS NOT WITHIN THE CONTROL OF SCHOOL AUTHORITIES SUCH AS THOSE CONDITIONS DESCRIBED IN SUBDIVISION (A).". 2. Amend page 14, following line 19, by inserting: "(14) IF A DISTRICT HAS A COLLECTIVE BARGAINING AGREEMENT WITH A BARGAINING REPRESENTATIVE OF AN HOURLY EMPLOYEE OR HAS AN EMPLOYMENT AGREEMENT WITH AN HOURLY EMPLOYEE THAT IS IN EFFECT AS OF THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION AND THAT COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT AGREEMENT EXPLICITLY ADDRESSES COMPENSATION REGARDING PERIODS DURING WHICH PUPIL INSTRUCTION IS NOT PROVIDED AS DESCRIBED UNDER SUBSECTION (4)(B), SUBSECTION (4)(B)(i) DOES NOT APPLY AND THE TERMS OF THE COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT AGREEMENT APPLY.".