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PAG LIN 1 1 Section 1. Section 2.50, subsection 3, Code 1995, is 1 2 amended by striking the subsection. 1 3 Sec. 2. Section 18.75, subsection 8, Code 1995, is amended 1 4 to read as follows: 1 5 8. By November 1 of each yearsupplydevelop on electronic 1 6 medium only a report which contains the name, gender, county 1 7 or city of residence when possible, official title, salary 1 8 received during the previous fiscal year, base salary as 1 9 computed on July 1 of the current fiscal year, and traveling 1 10 and subsistence expense of the personnel of each of the 1 11 departments, boards, and commissions of the state government 1 12 except personnel who receive an annual salary of less than one 1 13 thousand dollars. The number of the personnel and the total 1 14 amount received by them shall be shown for each department in 1 15 the report. All employees who have drawn salaries, fees, or 1 16 expense allowances from more than one department or 1 17 subdivision shall be listed separately under the proper 1 18 departmental heading. On the request of the superintendent, 1 19 the head of each department, board, or commission shall 1 20 furnish the data on electronic medium only covering that 1 21 agency. The report shall be distributed upon request without 1 22 charge to each caucus of the general assembly, the legislative 1 23 service bureau, the legislative fiscal bureau, the chief clerk 1 24 of the house of representatives, and the secretary of the 1 25 senate. Copies of the report shall be made available to other 1 26 persons inboth print orelectronic medium upon payment of a 1 27 fee, which shall not exceed the cost of providing the copy of 1 28 the report. Sections 22.2 through 22.6 apply to the report. 1 29 All funds from the sale of the report shall be deposited in 1 30 the general fund. 1 31 Sec. 3. Section 19A.1, subsection 3, paragraph a, Code 1 32 1995, is amended by striking the paragraph. 1 33 Sec. 4. Section 19A.2, subsection 2, Code 1995, is amended 1 34 by striking the subsection. 1 35 Sec. 5. Section 19A.9, unnumbered paragraph 1, and 2 1 subsections 1, 2, and 23, Code 1995, are amended to read as 2 2 follows: 2 3 Thepersonnel commissiondirector shall adopt and may amend 2 4 rules for the administration and implementation of this 2 5 chapter in accordance with chapter 17A.The director shall2 6prepare and submit proposed rules to the commission.2 7 Rulemaking shall be carried out with due regard to the terms 2 8 of collective bargaining agreements. A rule shall not 2 9 supersede a provision of a collective bargaining agreement 2 10 negotiated under chapter 20. The rules shall provide: 2 11 1. For the preparation, maintenance, and revision of a 2 12 position classification plan from a schedule by separate 2 13 department for each position and type of employment not 2 14 otherwise provided for by law in state government for all 2 15 positions in the executive branch, excluding positions under 2 16 the state board of regents, based upon duties performed and 2 17 responsibilities assumed, so that the same qualifications may 2 18 reasonably be required for and the same schedule of pay may be 2 19 equitably applied to all positions in the same class, in the 2 20 same geographical area.After the classification has been2 21approved by the commission, theThe director shall allocate 2 22 the position of every employee in the executive branch, 2 23 excluding employees of the state board of regents, to one of 2 24 the classes in the plan. Any employee or agency officials 2 25 affected by the allocation of a position to a class shall, 2 26 after filing with the director a written request for 2 27 reconsideration in the manner and form the director 2 28 prescribes, be given a reasonable opportunity to be heard by 2 29 the director.An appeal may be made to the commission or to a2 30qualified classification committee appointed by the2 31commission.An allocation or reallocation of a position by 2 32 the director to a different classification shall not become 2 33 effective if the allocation or reallocation may result in the 2 34 expenditure of funds in excess of the total amount budgeted 2 35 for the department of the appointing authority until approval 3 1 has been obtained from the director of the department of 3 2 management. 3 3 When the public interest requires a diminution or increase 3 4 of employees in any position or type of employment not 3 5 otherwise provided by law, or the creation or abolishment of 3 6 any position or type of employment, the governor, acting in 3 7 good faith, shallsonotify thecommissiondirector. 3 8 Thereafter the position or type of employment shall stand 3 9 abolished or created and the number of employees therein 3 10 reduced or increased. Schedules of positions and types of 3 11 employment not otherwise provided for by law shall be reviewed 3 12 at least once each year by the governor. 3 13 2. For pay plans within the purview of an appropriation 3 14 made by the general assembly and not otherwise provided by law 3 15 for all employees in the executive branch of state government, 3 16 excluding employees of the state board of regents, after 3 17 consultation with the governor and appointing authorities with 3 18 due regard to the terms of collective bargaining agreements 3 19 negotiated under chapter 20and after a public hearing held by3 20the commission. Review of the pay plan for revisions shall be 3 21 made in the same manner at the discretion of the director, but 3 22 not less than annually. The annual review by the director 3 23 shall be made available to the governor a sufficient time in 3 24 advance of collective bargaining negotiations to permit its 3 25 recommendations to be considered during the negotiations. 3 26 Each employee in the executive branch, excluding employees of 3 27 the state board of regents, shall be paid at one of the rates 3 28 set forth in the pay plan for the class of position in which 3 29 employed and, unless otherwise designated by thecommission3 30 director, shall begin employment at the first step of the 3 31 established range for the employee's class. 3 32 23. For the establishment of work test appointments for 3 33 positions of unskilled labor, attendants, aides, janitors, 3 34 food service workers, laundry workers, porters, elevator 3 35 operators, or custodial or similar types of employment when 4 1 the character of the work makes it impracticable to supply the 4 2 needs of the service effectively by written or other type of 4 3 competitive examination. If this subsection conflicts with 4 4 any other provisions of this chapter, the provisions of this 4 5 subsection govern the positions to which it applies. All 4 6 persons appointed to the positions specified in this 4 7 subsection shall serve a probationary period in accordance 4 8 with this chapter, may acquire permanent status, and are 4 9 subject to the same rules as other classified employees. Such 4 10 persons shall be required to pass promotional examinations as 4 11 prescribed by this chapter and the rules adopted by the 4 12personnel commissiondirector before they may be promoted to a 4 13 higher classification. 4 14 Sec. 6. Section 19A.16, Code 1995, is amended to read as 4 15 follows: 4 16 19A.16 SERVICES TO POLITICAL SUBDIVISIONS. 4 17Subject to the rules approved by the commission, theThe 4 18 director may enter into agreements with any municipality or 4 19 political subdivision of the state to furnish services and 4 20 facilities of the agency tosuchthe municipality or political 4 21 subdivision in the administration of its personnel on merit 4 22 principles.Any suchThe agreement shall provide for the 4 23 reimbursement to the state of the reasonable cost of the 4 24 services and facilities furnished. All municipalities and 4 25 political subdivisions of the state are authorized to enter 4 26 intosuchagreements. 4 27 Nothing in this chapter shall affect any municipal civil 4 28 service programs presently established under and pursuant to 4 29the provisions ofchapter 400. 4 30 Sec. 7. Section 19A.18, unnumbered paragraph 7, Code 1995, 4 31 is amended to read as follows: 4 32 Thecommissiondirector shall adoptanyrules necessary for 4 33 further restricting political activities of persons holding 4 34 positions in the classified service, but only to the extent 4 35 necessary to comply with federal standards. Employees retain 5 1 the right to vote as they please and to express their opinions 5 2 on all subjects. 5 3 Sec. 8. Section 70A.1, unnumbered paragraph 7, Code 1995, 5 4 is amended to read as follows: 5 5 State employees, excluding state board of regents' faculty 5 6 members with nine-month appointments, and employees covered 5 7 under a collective bargaining agreement negotiated with the 5 8 public safety bargaining unit who are eligible for accrued 5 9 vacation benefits and accrued sick leave benefits, who have 5 10 accumulated thirty days of sick leave, and who do not use sick 5 11 leave during a full month of employment may elect to accrue up 5 12 to one-half day of additional vacation. The accrual of 5 13 additional vacation time by an employee for not using sick 5 14 leave during a month is in lieu of the accrual of up to one 5 15 and one-half days of sick leave for that month. Thepersonnel5 16commissiondirector of the department of personnel may adopt 5 17 the necessary rules and procedures for the implementation of 5 18 this program for all state employees except employees of the 5 19 state board of regents. The state board of regents may adopt 5 20 necessary rules for the implementation of this program for its 5 21 employees. 5 22 Sec. 9. Section 70A.16, subsection 2, unnumbered paragraph 5 23 1, Code 1995, is amended to read as follows: 5 24 A state employee who is reassigned shall be reimbursed for 5 25 moving expenses incurred in accordance with rules adopted by 5 26 thepersonnel commissiondirector of the department of 5 27 personnel when all of the following circumstances exist: 5 28 Sec. 10. Section 137.6, subsection 4, Code 1995, is 5 29 amended to read as follows: 5 30 4. Employ persons as necessary for the efficient discharge 5 31 of its duties. Employment practices shall meet the 5 32 requirements of thepersonnel commissiondirector of the 5 33 department of personnel or any civil service provision adopted 5 34 under chapter 400. 5 35 Sec. 11. Section 159.5, subsection 15, Code 1995, is 6 1 amended by striking the subsection. 6 2 Sec. 12. Section 198.9, subsection 3, unnumbered paragraph 6 3 3, Code 1995, is amended to read as follows: 6 4 The secretary shall publish a report not later than 6 5SeptemberJanuary 1 of each year. The report shall provide a 6 6 detailed accounting of all sources of revenue deposited under 6 7 and all dispositions of funds expended under this section. 6 8 The report shall detail full-time equivalent positions used in 6 9 fulfilling the requirements of this chapter. The report shall 6 10 also indicate to what extent any full-time equivalent 6 11 positions are shared with other programs.Copies of the6 12report issued by the secretary pursuant to this subsection6 13shall be delivered each year to the members of the house of6 14representatives and senate standing committees on agriculture.6 15 Sec. 13. Section 261.20, subsection 4, Code 1995, is 6 16 amended by striking the subsection. 6 17 Sec. 14. Section 261.25, subsection 5, Code 1995, is 6 18 amended to read as follows: 6 19 5. For the fiscal year beginning July 1, 1989, and in 6 20 succeeding years, the institutions of higher education that 6 21 enroll recipients of Iowa tuition grants shall transmit to the 6 22 Iowa college student aid commission information about the 6 23 numbers of minority students enrolled and minority faculty 6 24 members employed at the institution, and existing or proposed 6 25 plans for the recruitment and retention of minority students 6 26 and faculty as well as existing or proposed plans to serve 6 27 nontraditional students.The Iowa college student aid6 28commission shall compile and report the enrollment and6 29employment information and plans to the chairpersons and6 30ranking members of the house and senate education committees,6 31members of the joint education appropriations subcommittee,6 32the governor, and the legislative fiscal bureau by December 156 33of each year.6 34 Sec. 15. Section 307.21, subsection 4, paragraph c, Code 6 35 1995, is amended to read as follows: 7 1 c. The department shall report to the general assembly by 7 2 February 1 of each year, the following: 7 3 (1) Plastic products which are regularly purchased by the 7 4 board for which starch-based product alternatives are 7 5 available.The report shall also include the cost of the7 6plastic products purchased and the cost of the starch-based7 7product alternatives.7 8 (2) Information relating to soybean-based inks and starch- 7 9 based garbage can liners regularly purchased by the 7 10 department.The report shall include the cost of purchasing7 11soybean-based inks and starch-based garbage can liners, the7 12percentage of inks purchased which are soybean-based and the7 13percentage of liners purchased which are starch-based.7 14 Sec. 16. Section 310.35, Code 1995, is amended to read as 7 15 follows: 7 16 310.35 USE OF FUND. 7 17 The secondary road research fund shall be used by the 7 18 department solely for the purpose of financing engineering 7 19 studies and research projects which have as their objective 7 20 the more efficient use of funds and materials that are 7 21 available for the construction and maintenance of secondary 7 22 roads, including bridges and culverts locatedthereonon the 7 23 roads. The research projects and engineering studies shall be 7 24 conducted in cooperation with the county engineers. 7 25 Sec. 17. Section 312.3A, Code 1995, is amended to read as 7 26 follows: 7 27 312.3A STREET RESEARCH FUND. 7 28 Prior to the allocation to the cities under section 312.3, 7 29 subsection 2, the department is authorized to set aside each 7 30 year two hundred thousand dollars from the street construction 7 31 fund of the cities in a fund to be known as the street 7 32 research fund. The street research fund shall be used by the 7 33 department solely for the purpose of financing engineering 7 34 studies and research projects which have as their objective 7 35 the more efficient use of funds and materials that are 8 1 available for the construction and maintenance of city 8 2 streets, including city street bridges and culverts. The 8 3 research projects and engineering studies authorized shall be 8 4 conducted in cooperation with the city engineers.On or8 5before January 31 each year the department shall file a report8 6with the governor, state transportation commission, city8 7engineers, chief clerk of the house of representatives, and8 8secretary of the senate showing the work accomplished and8 9projects undertaken under this section.8 10 Sec. 18. Section 324A.4, subsection 2, unnumbered 8 11 paragraph 1, Code 1995, is amended to read as follows: 8 12 Upon request, the department shall provide assistance to 8 13 political subdivisions, state agencies, and organizations 8 14 affected by this chapter for federal aid applications for 8 15 urban and rural transit system program aid. The department, 8 16 in co-operation with the regional planning agencies, shall 8 17 maintain current information reflecting the amount of federal, 8 18 state and local aid received by the public and private 8 19 nonprofit organizations providing public transit services and 8 20 the purpose for which the aid is received.The department8 21shall annually prepare a report to be submitted to the general8 22assembly, the department of management, and to the governor,8 23prior to February 1 of each year, stating the receipts and8 24disbursements made during the preceding fiscal year and the8 25adequacy of programs financed by federal, state, local, and8 26private aid in the state.The department shall analyze the 8 27 programs financed and recommend methods of avoiding 8 28 duplication and increasing the efficacy of programs financed. 8 29 The department shall receive comments from the department of 8 30 human services, department of elder affairs, and the officers 8 31 and agents of the other affected state and local government 8 32 units relative to the department's analysis. The department 8 33 shall use the following criteria to adopt rules to determine 8 34 compliance with and exceptions to subsection 1: 8 35 Sec. 19. Section 455B.262, subsection 1, Code 1995, is 9 1 amended to read as follows: 9 2 1. It is recognized that the protection of life and 9 3 property from floods, the prevention of damage to lands from 9 4 floods, and the orderly development, wise use, protection, and 9 5 conservation of the water resources of the state by their 9 6 considered and proper use is of paramount importance to the 9 7 welfare and prosperity of the people of the state, and to 9 8 realize these objectives, it is the policy of the state to 9 9 correlate and vest the powers of the state in a single agency, 9 10 the department, with the duty and authority to assess the 9 11 water needs of all water usersat five-year intervals for the9 12twenty years beginning January 1, 1985, and ending December9 1331, 2004,utilizing a data base developed and managed by the 9 14 Iowa geological survey, and to prepare a general plan of water 9 15 allocation in this state considering the quantity and quality 9 16 of water resources available in this state designed to meet 9 17 the specific needs of the water users. The department shall 9 18 also develop and the department shall adopt no later than June 9 19 30, 1986, a plan for delineation of flood plain and floodway 9 20 boundaries for selected stream reaches in the various river 9 21 basins of the state. Selection of the stream reaches and 9 22 assignment of priorities for mapping of the selected reaches 9 23 shall be based on consideration of flooding characteristics, 9 24 the type and extent of existing and anticipated flood plain 9 25 development in particular stream reaches, and the needs of 9 26 local governmental bodies for assistance in delineating flood 9 27 plain and floodway boundaries. The plan of flood plain 9 28 mapping shall be for the period from June 30, 1986, to 9 29 December 31, 2004.After the department adopts a plan of9 30flood plain mapping, the department shall submit a progress9 31report and proposed implementation schedule to the general9 32assembly biennially.The department may modify the flood 9 33 plain mapping plan as needed in response to changing 9 34 circumstances. 9 35 Sec. 20. Section 455F.7, subsection 1, Code 1995, is 10 1 amended to read as follows: 10 2 1. A retailer offering for sale or selling a household 10 3 hazardous material shall have a valid permit for each place of 10 4 business owned or operated by the retailer for this activity. 10 5 All permits provided for in this division shall expire on June 10 6 30 of each year. Every retailer shall submit an annual 10 7 application by July 1 of each year and a fee of twenty-five 10 8 dollars to the department ofrevenue and financenatural 10 9 resources for a permit upon a form prescribed by the director 10 10 ofrevenue and financethe department of natural resources. 10 11 Permits are nonrefundable, are based upon an annual operating 10 12 period, and are not prorated. A person in violation of this 10 13 section shall be subject to permit revocation upon notice and 10 14 hearing. The department shall remit the fees collected to the 10 15 household hazardous waste account of the groundwater 10 16 protection fund. A person distributing general use pesticides 10 17 labeled for agricultural or lawn and garden use with gross 10 18 annual pesticide sales of less than ten thousand dollars is 10 19 subject to the requirements and fee payment prescribed by this 10 20 section. 10 21 Sec. 21. 1992 Iowa Acts, chapter 1239, section 16, is 10 22 amended to read as follows: 10 23 SEC. 16. The department of revenue and financein10 24cooperation with the department of agriculture and land10 25stewardship and the department of natural resourcesshall 10 26 track receipts to the general fund which have traditionally 10 27 been deposited into the following funds: 10 28 1. The fertilizer fund created in section 200.9. 10 29 2. The pesticide fund created in section 206.12. 10 30 3. The dairy trade practices trust fund pursuant to 10 31 section 192A.30. 10 32 4. The milk fund created in section 192.111. 10 33 5. The commercial feed fund created in section 198.9. 10 34 6. The marine fuel tax fund created in section 324.79. 10 35 7. The energy research and development fund provided in 11 1 section 93.11. 11 2 Thedepartments designated in this sectiondepartment shall 11 3 prepare reports detailing revenue from receipts traditionally 11 4 deposited into each of the funds. A report shall be submitted 11 5 to the legislative fiscal bureau at least once for each three- 11 6 month period as designated by the legislative fiscal bureau. 11 7 Sec. 22. Sections 8.24, 8.25, 8.26, 19A.4, 19A.6, 19A.7, 11 8 and 310.36, Code 1995, are repealed. 11 9 EXPLANATION 11 10 The bill eliminates the requirement of filing certain 11 11 reports including, but not limited to, the following: report 11 12 of commercial feed trust fund; report method and manner in 11 13 which college student aid commission makes determination of 11 14 grant awards; report of number of minority students and 11 15 faculty at institutions receiving state grants; report on cost 11 16 of plastic products, starch-based products, and soybean-based 11 17 inks purchase; report on property paid out of secondary road 11 18 research fund and the street research fund; and report on 11 19 revenues and expenses of public transit programs, public, or 11 20 private aid. 11 21 The bill also eliminates the requirement for the following: 11 22 submitting a tentative budget and an estimate of income by the 11 23 department of management; bottled water regulation and 11 24 inspection; the salary book in printed form; and the 11 25 requirement to update state water plan every five years. The 11 26 bill eliminates the personnel commission and transfers its 11 27 responsibilities and duties to the director of the department 11 28 of personnel. 11 29 LSB 2614HC 76 11 30 mg/cf/24
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