FORTY-THIRD LEGISLATURE SB 119/a
SECOND SESSION, 1998
February 15, 1998
Mr. President:
Your FINANCE COMMITTEE, to whom has been referred
SENATE BILL 119, as amended
has had it under consideration and reports same with
recommendation that it DO PASS, amended as follows:
1. Strike Senate Ways and Means Committee Amendments 5, 8 and
15.
2. On page 2, between lines 2 and 3, insert the following new
subsection:
"B. To be eligible for the credit provided by this
section, a taxpayer must be in compliance with the following
provisions:
(1) the hiring of any state-qualified employee shall
not result in the displacement of any currently employed worker or
position, including partial displacement such as a reduction in
the hours of nonovertime work, wages or employment benefits, or in
any infringement of the promotional opportunities of any currently
employed individual;
(2) the hiring of any state-qualified employee shall
not impair existing contracts for services or collective
bargaining agreements, and no employment under the terms of this
act shall be inconsistent with the terms of a collective
bargaining agreement or involve the performance of duties covered
under a collective bargaining agreement unless the employer and
the labor organization concur in writing;
(3) a state-qualified employee may fill or perform
the duties of an employment position only in a manner that is
consistent with existing laws, personnel procedures and collective
bargaining contracts;
(4) no state-qualified employee shall be employed or
assigned:
(a) when any other individual is on layoff from
the same or any substantially equivalent job;
(b) if the employer has terminated the
employment of any regular employee or otherwise caused an
involuntary reduction of its work force with the effect of filling
the vacancy so created with a state-qualified employee; or
(c) to any position at a particular work site
when there is an ongoing strike or lockout at that particular work
site;
(5) state-qualified employees shall be paid a wage
that is substantially like the wage paid for similar jobs with the
employer with appropriate adjustments for experience and training
but not less than the federal minimum hourly wage; and
(6) employers shall:
(a) maintain health, safety and working
conditions not less than those of comparable jobs offered by the
employer; and
(b) maintain standard and customary entry-level
wages and benefits and apply historical and normal increases in
wages and benefits appropriate for experience and training of the
state-qualified employee.".
3. Reletter the succeeding subsections accordingly.
4. On page 2, between lines 14 and 15, insert the following
new paragraph:
"(3) "state-qualified job" means a job established
by the taxpayer that:
(a) when first occupied by a state-qualified
employee results in the total number of the taxpayer's employees
exceeding the average number of the taxpayer's employees during
the taxpayer's preceding tax year; or
(b) was a position previously filled by a state-
qualified employee and was vacant prior to the hiring of the new
state-qualified employee in that position.".
4. On page 4, between lines 4 and 5, insert the following new
subsection:
"B. To be eligible for the credit provided by this
section, a taxpayer must be in compliance with the following
provisions:
(1) the hiring of any state-qualified employee shall
not result in the displacement of any currently employed worker or
position, including partial displacement such as a reduction in
the hours of nonovertime work, wages or employment benefits, or in
any infringement of the promotional opportunities of any currently
employed individual;
(2) the hiring of any state-qualified employee shall
not impair existing contracts for services or collective
bargaining agreements, and no employment under the terms of this
act shall be inconsistent with the terms of a collective
bargaining agreement or involve the performance of duties covered
under a collective bargaining agreement unless the employer and
the labor organization concur in writing;
(3) a state-qualified employee may fill or perform
the duties of an employment position only in a manner that is
consistent with existing laws, personnel procedures and collective
bargaining contracts;
(4) no state-qualified employee shall be employed or
assigned:
(a) when any other individual is on layoff from
the same or any substantially equivalent job;
(b) if the employer has terminated the
employment of any regular employee or otherwise caused an
involuntary reduction of its work force with the effect of filling
the vacancy so created with a state-qualified employee; or
(c) to any position at a particular work site
when there is an ongoing strike or lockout at that particular work
site;
(5) state-qualified employees shall be paid a wage
that is substantially like the wage paid for similar jobs with the
employer with appropriate adjustments for experience and training
but not less than the federal minimum hourly wage; and
(6) employers shall:
(a) maintain health, safety and working
conditions not less than those of comparable jobs offered by the
employer; and
(b) maintain standard and customary entry-level
wages and benefits and apply historical and normal increases in
wages and benefits appropriate for experience and training of the
state-qualified employee.".
5. Reletter the succeeding subsections accordingly.
6. On page 4, between lines 16 and 17, insert the following
new paragraph:
"(3) "state-qualified job" means a job established
by the taxpayer that:
(a) when first occupied by a state-qualified
employee results in the total number of the taxpayer's employees
exceeding the average number of the taxpayer's employees during
the taxpayer's preceding tax year; or
(b) was a position previously filled by a state-
qualified employee and was vacant prior to the hiring of the new
state-qualified employee in that position.".
__________________________________
Ben D. Altamirano, Chairman
Adopted_______________________ Not Adopted_______________________
(Chief Clerk) (Chief Clerk)
Date ________________________
The roll call vote was 7 For 0 Against
Yes: 7
No: None
Excused: Aragon, Campos, Carraro, McKibben
Absent: None
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