Text: S05371                            Text: S05373
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Senate Amendment 5372

Amendment Text

PAG LIN
  1  1    Amend Senate File 2365 as follows:
  1  2    #1.  Page 2, by inserting after line 16 the
  1  3 following:
  1  4    "Sec.    .  Section 19A.1, subsection 3, paragraph
  1  5 a, Code 1995, is amended by striking the paragraph.
  1  6    Sec.    .  Section 19A.2, subsection 2, Code 1995,
  1  7 is amended by striking the subsection.
  1  8    Sec.    .  Section 19A.2A, Code 1995, is amended to
  1  9 read as follows:
  1 10    19A.2A  PURPOSE AND APPLICABILITY OF CHAPTER.
  1 11    The general purpose of this chapter is to establish
  1 12 for the state of Iowa a system of personnel
  1 13 administration based on merit principles and
  1 14 scientific methods to govern the appointment,
  1 15 promotion, welfare, transfer, layoff, removal, and
  1 16 discipline of its civil employees, and other incidents
  1 17 of state employment.  It is also the purpose of this
  1 18 chapter to promote the coordination of personnel rules
  1 19 and policies with collective bargaining agreements
  1 20 negotiated under chapter 20.
  1 21    All appointments and promotions to positions in the
  1 22 state merit system shall be made solely on the basis
  1 23 of merit and fitness, to be ascertained by competitive
  1 24 examinations, except as otherwise specified in this
  1 25 chapter.
  1 26    Provisions of this chapter pertaining to
  1 27 qualifications, examination, competitive appointment,
  1 28 probation, and just cause hearings apply only to
  1 29 employees covered by the merit system.
  1 30    This chapter does not apply to persons who are paid
  1 31 a fee on a contract-for-services basis.
  1 32    Sec.    .  Section 19A.3, subsection 8, Code
  1 33 Supplement 1995, is amended by striking the
  1 34 subsection.
  1 35    Sec.    .  Section 19A.9, unnumbered paragraph 1,
  1 36 and subsections 1, 2, 14, and 23, Code 1995, are
  1 37 amended to read as follows:
  1 38    The personnel commission director shall adopt and
  1 39 may amend rules for the administration and
  1 40 implementation of this chapter in accordance with
  1 41 chapter 17A.  The director shall prepare and submit
  1 42 proposed rules to the commission.  Rulemaking shall be
  1 43 carried out with due regard to the terms of collective
  1 44 bargaining agreements.  A rule shall not supersede a
  1 45 provision of a collective bargaining agreement
  1 46 negotiated under chapter 20.  The rules shall provide:
  1 47    1.  For the preparation, maintenance, and revision
  1 48 of a position job classification plan from a schedule
  1 49 by separate department for each position and type of
  1 50 employment not otherwise provided for by law in state
  2  1 government for all positions that emcompasses each job
  2  2 in the executive branch, excluding positions job
  2  3 classifications under the state board of regents,
  2  4 based upon assigned duties performed and
  2  5 responsibilities assumed, so that the same general
  2  6 qualifications may reasonably be required for and the
  2  7 same schedule of pay plan may be equitably applied to
  2  8 all positions jobs in the same class, in the same
  2  9 geographical area job classification.  After the
  2 10 classification has been approved by the commission,
  2 11 the The director shall allocate classify the position
  2 12 of every employee in the executive branch, excluding
  2 13 employees of the state board of regents, to into one
  2 14 of the classes in the plan.  Any employee or agency
  2 15 officials appointing authority adversely affected by
  2 16 the allocation classification or reclassification of a
  2 17 position to a class shall, after filing may file a
  2 18 request for reconsideration with the director a
  2 19 written request for reconsideration in the manner and
  2 20 form the director prescribes, and shall be given a
  2 21 reasonable opportunity to be heard by the director or
  2 22 the director's designee.  An appeal may be made to the
  2 23 commission or to a qualified classification committee
  2 24 appointed by the commission director.  An allocation
  2 25 The classification or reallocation reclassification of
  2 26 a position by the director to a different
  2 27 classification that would cause the expenditure of
  2 28 additional salary funds shall not become effective, if
  2 29 the allocation or reallocation may result in the
  2 30 expenditure of funds is in excess of the total amount
  2 31 budgeted for the department of the appointing
  2 32 authority, until budgetary approval has been obtained
  2 33 from the director of the department of management.
  2 34    When the public interest requires a diminution or
  2 35 increase of employees in any position or type of
  2 36 employment not otherwise provided by law, or the
  2 37 creation or abolishment of any position or type of
  2 38 employment, the governor director, acting in good
  2 39 faith, shall so notify the commission governor.
  2 40 Thereafter the position or type of employment shall
  2 41 stand abolished or created and the number of employees
  2 42 therein reduced or increased.  Schedules of positions
  2 43 and types of employment not otherwise provided for by
  2 44 law shall be reviewed at least once each year by the
  2 45 governor director.
  2 46    2.  For pay plans within the purview of an
  2 47 appropriation made by the general assembly and not
  2 48 otherwise provided by law for covering all employees
  2 49 in the executive branch of state government, excluding
  2 50 employees of the state board of regents, after
  3  1 consultation with the governor and appointing
  3  2 authorities, and consistent with due regard to the
  3  3 terms of collective bargaining agreements negotiated
  3  4 under chapter 20 and after a public hearing held by
  3  5 the commission.  Review of the pay plan for revisions
  3  6 shall be made in the same manner at the discretion of
  3  7 the director, but not less than annually.  The annual
  3  8 review by the director shall be made available to the
  3  9 governor a sufficient time in advance of collective
  3 10 bargaining negotiations to permit its recommendations
  3 11 to be considered during the negotiations.  Each
  3 12 employee in the executive branch, excluding employees
  3 13 of the state board of regents, shall be paid at one of
  3 14 the rates set forth in the pay plan for the class of
  3 15 position in which employed and, unless otherwise
  3 16 designated by the commission, shall begin employment
  3 17 at the first step of the established range for the
  3 18 employee's class.
  3 19    14.  For layoffs by reason of lack of funds or
  3 20 work, or organization, and for re-employment the
  3 21 recall of employees so laid off, giving primary
  3 22 consideration in both layoffs and re-employment recall
  3 23 to the performance record and secondary consideration
  3 24 to seniority in length of service.  Any employee who
  3 25 has been laid off may keep the employee's name on a
  3 26 preferred employment recall list for one year, which
  3 27 list shall be exhausted by the agency enforcing the
  3 28 layoff before selection of an employee may be made
  3 29 from the register promotional or nonpromotional list
  3 30 of eligibles in the employee's classification.
  3 31 Employees who are subject to contracts negotiated
  3 32 under chapter 20 which include layoff and recall
  3 33 provisions shall be governed by the contract
  3 34 provisions.
  3 35    23.  For the establishment of work test
  3 36 appointments for positions of unskilled labor
  3 37 laborers, attendants, aides, janitors, food service
  3 38 workers, laundry workers, porters, elevator operators,
  3 39 or custodial or similar types of employment when the
  3 40 character of the work makes it impracticable to supply
  3 41 the needs of the service effectively by written or
  3 42 other type of competitive examination.  If this
  3 43 subsection conflicts with any other provisions of this
  3 44 chapter, the provisions of this subsection govern the
  3 45 positions to which it applies.  All persons appointed
  3 46 to the positions specified in this subsection shall
  3 47 serve a probationary period in accordance with this
  3 48 chapter, may acquire permanent status, and are subject
  3 49 to the same rules as other classified employees.  Such
  3 50 persons shall be required to pass promotional
  4  1 examinations as prescribed by this chapter and the
  4  2 rules adopted by the personnel commission director
  4  3 before they may be promoted to a higher
  4  4 classification.
  4  5    Sec.    .  Section 19A.15, Code Supplement 1995, is
  4  6 amended by adding the following new unnumbered
  4  7 paragraph:
  4  8    NEW UNNUMBERED PARAGRAPH.  The department's records
  4  9 may be maintained in paper, magnetic, or electronic
  4 10 format, including optical disk storage.
  4 11    Sec.    .  Section 19A.16, Code 1995, is amended to
  4 12 read as follows:
  4 13    19A.16  SERVICES TO POLITICAL SUBDIVISIONS.
  4 14    Subject to the rules approved by the commission,
  4 15 the The director may enter into agreements with any
  4 16 municipality or political subdivision of the state to
  4 17 furnish services and facilities of the agency to such
  4 18 the municipality or political subdivision in the
  4 19 administration of its personnel on merit principles.
  4 20 Any such The agreement shall provide for the
  4 21 reimbursement to the state of the reasonable cost of
  4 22 the services and facilities furnished.  All
  4 23 municipalities and political subdivisions of the state
  4 24 are authorized to enter into such agreements.
  4 25    Nothing in this chapter shall affect any municipal
  4 26 civil service programs presently established under and
  4 27 pursuant to the provisions of chapter 400.
  4 28    Sec.    .  Section 19A.18, unnumbered paragraph 7,
  4 29 Code 1995, is amended to read as follows:
  4 30    The commission director shall adopt any rules
  4 31 necessary for further restricting political activities
  4 32 of persons holding positions in the classified
  4 33 service, but only to the extent necessary to comply
  4 34 with federal standards.  Employees retain the right to
  4 35 vote as they please and to express their opinions on
  4 36 all subjects."
  4 37    #2.  Page 3, by inserting after line 1 the
  4 38 following:
  4 39    "Sec.    .  Section 70A.1, unnumbered paragraphs 1
  4 40 and 7, Code 1995, are amended to read as follows:
  4 41    Salaries specifically provided for in an
  4 42 appropriation Act of the general assembly shall be in
  4 43 lieu of existing statutory salaries, for the positions
  4 44 provided for in the Act, and all salaries, including
  4 45 longevity where applicable by express provision in the
  4 46 Code, shall be paid according to the provisions of
  4 47 chapter 91A and shall be in full compensation of all
  4 48 services, including any service on committees, boards,
  4 49 commissions or similar duty for Iowa government,
  4 50 except for members of the general assembly.  A state
  5  1 employee on an annual salary shall not be paid for a
  5  2 pay period an amount which exceeds the employee's
  5  3 annual salary transposed into a rate applicable to the
  5  4 pay period by dividing the annual salary by the number
  5  5 of pay periods in the fiscal year.  Salaries for state
  5  6 employees other than annual salaries covered by the
  5  7 overtime payment provisions of the federal Fair Labor
  5  8 Standards Act shall be established on an hourly basis.
  5  9    State employees, excluding state board of regents'
  5 10 faculty members with nine-month appointments, and
  5 11 employees covered under a collective bargaining
  5 12 agreement negotiated with the public safety bargaining
  5 13 unit who are eligible for accrued vacation benefits
  5 14 and accrued sick leave benefits, who have accumulated
  5 15 thirty days of sick leave, and who do not use sick
  5 16 leave during a full month of employment may elect to
  5 17 accrue up to one-half day of additional vacation.  The
  5 18 accrual of additional vacation time by an employee for
  5 19 not using sick leave during a month is in lieu of the
  5 20 accrual of up to one and one-half days of sick leave
  5 21 for that month.  The personnel commission director of
  5 22 the department of personnel may adopt the necessary
  5 23 rules and procedures for the implementation of this
  5 24 program for all state employees except employees of
  5 25 the state board of regents.  The state board of
  5 26 regents may adopt necessary rules for the
  5 27 implementation of this program for its employees.
  5 28    Sec.    .  Section 70A.16, subsection 2, unnumbered
  5 29 paragraph 1, Code 1995, is amended to read as follows:
  5 30    A state employee who is reassigned shall be
  5 31 reimbursed for moving expenses incurred in accordance
  5 32 with rules adopted by the personnel commission
  5 33 director of the department of personnel when all of
  5 34 the following circumstances exist:"
  5 35    #3.  Page 3, by inserting after line 26 the
  5 36 following:
  5 37    "Sec.    .  Section 137.6, subsection 4, Code 1995,
  5 38 is amended to read as follows:
  5 39    4.  Employ persons as necessary for the efficient
  5 40 discharge of its duties.  Employment practices shall
  5 41 meet the requirements of the personnel commission
  5 42 director of the department of personnel or any civil
  5 43 service provision adopted under chapter 400."
  5 44    #4.  Page 4, by inserting after line 16 the
  5 45 following:
  5 46    "Sec.    .  REPEAL.  Sections 19A.4, 19A.6, and
  5 47 19A.7, Code 1995, are repealed."
  5 48    #5.  Title page, line 3, by inserting after the
  5 49 word "program," the following:  "job classifications,
  5 50 pay plans, recall from layoff, the personnel
  6  1 commission,".
  6  2    #6.  By renumbering as necessary.  
  6  3 
  6  4 
  6  5                              
  6  6 MICHAEL E. GRONSTAL
  6  7 SF 2365.201 76
  6  8 ec/jj
     

Text: S05371                            Text: S05373
Text: S05300 - S05399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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