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Senate File 2365

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  1  1    Section 1.  Section 12B.10, subsection 6, Code 1995, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  g.  Investments under the deferred
  1  4 compensation plan established by the executive council
  1  5 pursuant to section 509A.12.
  1  6    Sec. 2.  Section 12B.10A, subsection 6, Code 1995, is
  1  7 amended by adding the following new paragraph:
  1  8    NEW PARAGRAPH.  g.  The deferred compensation plan
  1  9 established by the executive council pursuant to section
  1 10 509A.12.
  1 11    Sec. 3.  Section 12B.10B, subsection 3, Code 1995, is
  1 12 amended by adding the following new paragraph:
  1 13    NEW PARAGRAPH.  g.  The deferred compensation plan
  1 14 established by the executive council pursuant to section
  1 15 509A.12.
  1 16    Sec. 4.  Section 12B.10C, Code 1995, is amended by adding
  1 17 the following new subsection:
  1 18    NEW SUBSECTION.  6.  The deferred compensation plan
  1 19 established by the executive council pursuant to section
  1 20 509A.12.
  1 21    Sec. 5.  Section 12C.1, subsection 1, Code 1995, is amended
  1 22 to read as follows:
  1 23    1.  All funds held in the hands of the following officers
  1 24 or institutions shall be deposited in one or more depositories
  1 25 first approved by the appropriate governing body as indicated:
  1 26 For the treasurer of state, by the executive council; for
  1 27 judicial officers and court employees, by the supreme court;
  1 28 for the county treasurer, recorder, auditor, and sheriff, by
  1 29 the board of supervisors; for the city treasurer or other
  1 30 designated financial officer of a city, by the city council;
  1 31 for the county public hospital or merged area hospital, by the
  1 32 board of hospital trustees; for a memorial hospital, by the
  1 33 memorial hospital commission; for a school corporation, by the
  1 34 board of school directors; for a city utility or combined
  1 35 utility system established under chapter 388, by the utility
  2  1 board; for a regional library established under chapter 256,
  2  2 by the regional board of library trustees; and for an electric
  2  3 power agency as defined in section 28F.2, by the governing
  2  4 body of the electric power agency.  However, the treasurer of
  2  5 state and the treasurer of each political subdivision or the
  2  6 designated financial officer of a city shall invest all funds
  2  7 not needed for current operating expenses in time certificates
  2  8 of deposit in approved depositories pursuant to this chapter
  2  9 or in investments permitted by section 12B.10.  The list of
  2 10 public depositories and the amounts severally deposited in the
  2 11 depositories are matters of public record.  This subsection
  2 12 does not limit the definition of "public funds" contained in
  2 13 subsection 2.  Notwithstanding provisions of this section to
  2 14 the contrary, public funds of a state government deferred
  2 15 compensation plan may also be invested in investments
  2 16 authorized under section 509A.12.
  2 17    Sec. 6.  Section 19A.1, subsection 3, paragraph a, Code
  2 18 1995, is amended by striking the paragraph.
  2 19    Sec. 7.  Section 19A.2, subsection 2, Code 1995, is amended
  2 20 by striking the subsection.
  2 21    Sec. 8.  Section 19A.2A, Code 1995, is amended to read as
  2 22 follows:
  2 23    19A.2A  PURPOSE AND APPLICABILITY OF CHAPTER.
  2 24    The general purpose of this chapter is to establish for the
  2 25 state of Iowa a system of personnel administration based on
  2 26 merit principles and scientific methods to govern the
  2 27 appointment, promotion, welfare, transfer, layoff, removal,
  2 28 and discipline of its civil employees, and other incidents of
  2 29 state employment.  It is also the purpose of this chapter to
  2 30 promote the coordination of personnel rules and policies with
  2 31 collective bargaining agreements negotiated under chapter 20.
  2 32    All appointments and promotions to positions in the state
  2 33 merit system shall be made solely on the basis of merit and
  2 34 fitness, to be ascertained by competitive examinations, except
  2 35 as otherwise specified in this chapter.
  3  1    Provisions of this chapter pertaining to qualifications,
  3  2 examination, competitive appointment, probation, and just
  3  3 cause hearings apply only to employees covered by the merit
  3  4 system.
  3  5    This chapter does not apply to persons who are paid a fee
  3  6 on a contract-for-services basis.
  3  7    Sec. 9.  Section 19A.3, subsection 8, Code Supplement 1995,
  3  8 is amended by striking the subsection.
  3  9    Sec. 10.  Section 19A.9, unnumbered paragraph 1, and
  3 10 subsections 1, 2, 14, and 23, Code 1995, are amended to read
  3 11 as follows:
  3 12    The personnel commission director shall adopt and may amend
  3 13 rules for the administration and implementation of this
  3 14 chapter in accordance with chapter 17A.  The director shall
  3 15 prepare and submit proposed rules to the commission.
  3 16 Rulemaking shall be carried out with due regard to the terms
  3 17 of collective bargaining agreements.  A rule shall not
  3 18 supersede a provision of a collective bargaining agreement
  3 19 negotiated under chapter 20.  The rules shall provide:
  3 20    1.  For the preparation, maintenance, and revision of a
  3 21 position job classification plan from a schedule by separate
  3 22 department for each position and type of employment not
  3 23 otherwise provided for by law in state government for all
  3 24 positions that emcompasses each job in the executive branch,
  3 25 excluding positions job classifications under the state board
  3 26 of regents, based upon assigned duties performed and
  3 27 responsibilities assumed, so that the same general
  3 28 qualifications may reasonably be required for and the same
  3 29 schedule of pay plan may be equitably applied to all positions
  3 30 jobs in the same class, in the same geographical area job
  3 31 classification.  After the classification has been approved by
  3 32 the commission, the The director shall allocate classify the
  3 33 position of every employee in the executive branch, excluding
  3 34 employees of the state board of regents, to into one of the
  3 35 classes in the plan.  Any employee or agency officials
  4  1 appointing authority adversely affected by the allocation
  4  2 classification or reclassification of a position to a class
  4  3 shall, after filing may file a request for reconsideration
  4  4 with the director a written request for reconsideration in the
  4  5 manner and form the director prescribes, and shall be given a
  4  6 reasonable opportunity to be heard by the director or the
  4  7 director's designee.  An appeal may be made to the commission
  4  8 or to a qualified classification committee appointed by the
  4  9 commission director.  An allocation The classification or
  4 10 reallocation reclassification of a position by the director to
  4 11 a different classification that would cause the expenditure of
  4 12 additional salary funds shall not become effective, if the
  4 13 allocation or reallocation may result in the expenditure of
  4 14 funds is in excess of the total amount budgeted for the
  4 15 department of the appointing authority, until budgetary
  4 16 approval has been obtained from the director of the department
  4 17 of management.
  4 18    When the public interest requires a diminution or increase
  4 19 of employees in any position or type of employment not
  4 20 otherwise provided by law, or the creation or abolishment of
  4 21 any position or type of employment, the governor director,
  4 22 acting in good faith, shall so notify the commission governor.
  4 23 Thereafter the position or type of employment shall stand
  4 24 abolished or created and the number of employees therein
  4 25 reduced or increased.  Schedules of positions and types of
  4 26 employment not otherwise provided for by law shall be reviewed
  4 27 at least once each year by the governor director.
  4 28    2.  For pay plans within the purview of an appropriation
  4 29 made by the general assembly and not otherwise provided by law
  4 30 for covering all employees in the executive branch of state
  4 31 government, excluding employees of the state board of regents,
  4 32 after consultation with the governor and appointing
  4 33 authorities, and consistent with due regard to the terms of
  4 34 collective bargaining agreements negotiated under chapter 20
  4 35 and after a public hearing held by the commission.  Review of
  5  1 the pay plan for revisions shall be made in the same manner at
  5  2 the discretion of the director, but not less than annually.
  5  3 The annual review by the director shall be made available to
  5  4 the governor a sufficient time in advance of collective
  5  5 bargaining negotiations to permit its recommendations to be
  5  6 considered during the negotiations.  Each employee in the
  5  7 executive branch, excluding employees of the state board of
  5  8 regents, shall be paid at one of the rates set forth in the
  5  9 pay plan for the class of position in which employed and,
  5 10 unless otherwise designated by the commission, shall begin
  5 11 employment at the first step of the established range for the
  5 12 employee's class.
  5 13    14.  For layoffs by reason of lack of funds or work, or
  5 14 organization, and for re-employment the recall of employees so
  5 15 laid off, giving primary consideration in both layoffs and re-
  5 16 employment recall to the performance record and secondary
  5 17 consideration to seniority in length of service.  Any employee
  5 18 who has been laid off may keep the employee's name on a
  5 19 preferred employment recall list for one year, which list
  5 20 shall be exhausted by the agency enforcing the layoff before
  5 21 selection of an employee may be made from the register
  5 22 promotional or nonpromotional list of eligibles in the
  5 23 employee's classification.  Employees who are subject to
  5 24 contracts negotiated under chapter 20 which include layoff and
  5 25 recall provisions shall be governed by the contract
  5 26 provisions.
  5 27    23.  For the establishment of work test appointments for
  5 28 positions of unskilled labor laborers, attendants, aides,
  5 29 janitors, food service workers, laundry workers, porters,
  5 30 elevator operators, or custodial or similar types of
  5 31 employment when the character of the work makes it
  5 32 impracticable to supply the needs of the service effectively
  5 33 by written or other type of competitive examination.  If this
  5 34 subsection conflicts with any other provisions of this
  5 35 chapter, the provisions of this subsection govern the
  6  1 positions to which it applies.  All persons appointed to the
  6  2 positions specified in this subsection shall serve a
  6  3 probationary period in accordance with this chapter, may
  6  4 acquire permanent status, and are subject to the same rules as
  6  5 other classified employees.  Such persons shall be required to
  6  6 pass promotional examinations as prescribed by this chapter
  6  7 and the rules adopted by the personnel commission director
  6  8 before they may be promoted to a higher classification.
  6  9    Sec. 11.  Section 19A.15, Code Supplement 1995, is amended
  6 10 by adding the following new unnumbered paragraph:
  6 11    NEW UNNUMBERED PARAGRAPH.  The department's records may be
  6 12 maintained in paper, magnetic, or electronic format, including
  6 13 optical disk storage.
  6 14    Sec. 12.  Section 19A.16, Code 1995, is amended to read as
  6 15 follows:
  6 16    19A.16  SERVICES TO POLITICAL SUBDIVISIONS.
  6 17    Subject to the rules approved by the commission, the The
  6 18 director may enter into agreements with any municipality or
  6 19 political subdivision of the state to furnish services and
  6 20 facilities of the agency to such the municipality or political
  6 21 subdivision in the administration of its personnel on merit
  6 22 principles.  Any such The agreement shall provide for the
  6 23 reimbursement to the state of the reasonable cost of the
  6 24 services and facilities furnished.  All municipalities and
  6 25 political subdivisions of the state are authorized to enter
  6 26 into such agreements.
  6 27    Nothing in this chapter shall affect any municipal civil
  6 28 service programs presently established under and pursuant to
  6 29 the provisions of chapter 400.
  6 30    Sec. 13.  Section 19A.18, unnumbered paragraph 7, Code
  6 31 1995, is amended to read as follows:
  6 32    The commission director shall adopt any rules necessary for
  6 33 further restricting political activities of persons holding
  6 34 positions in the classified service, but only to the extent
  6 35 necessary to comply with federal standards.  Employees retain
  7  1 the right to vote as they please and to express their opinions
  7  2 on all subjects.
  7  3    Sec. 14.  Section 19A.23, Code 1995, is amended by striking
  7  4 the section and inserting in lieu thereof the following:
  7  5    19A.23  LONGEVITY PAY PERMITTED.  All state employees,
  7  6 including employees of the department of public safety,
  7  7 covered by this chapter or chapter 80, shall be entitled to
  7  8 longevity pay as negotiated pursuant to chapter 20 if the
  7  9 employed are covered by a collective bargaining agreement.
  7 10 For state employees not covered by a collective bargaining
  7 11 agreement, longevity pay shall be determined by the
  7 12 department.
  7 13    Sec. 15.  Section 49.20, Code 1995, is amended to read as
  7 14 follows:
  7 15    49.20  COMPENSATION OF MEMBERS.
  7 16    The members of election boards shall be deemed temporary
  7 17 state county employees who are compensated by the county in
  7 18 which they serve, and shall receive compensation at a rate
  7 19 established by the county board of supervisors, which shall be
  7 20 not less than three dollars and fifty cents per hour the
  7 21 minimum wage provided by section 91D.1, subsection 1,
  7 22 paragraph "b", while engaged in the discharge of their duties
  7 23 and shall be reimbursed for actual and necessary travel
  7 24 expense, except that persons who have advised the commissioner
  7 25 prior to their appointment to the election board that they are
  7 26 willing to serve without pay at elections conducted for any
  7 27 school district or a city of three thousand five hundred or
  7 28 less population, shall receive no compensation for service at
  7 29 those elections.  Compensation shall be paid to members of
  7 30 election boards only after the vote has been canvassed and it
  7 31 has been determined in the course of the canvass that the
  7 32 election record certificate has been properly executed by the
  7 33 election board.
  7 34    Sec. 16.  Section 70A.1, unnumbered paragraphs 1 and 7,
  7 35 Code 1995, are amended to read as follows:
  8  1    Salaries specifically provided for in an appropriation Act
  8  2 of the general assembly shall be in lieu of existing statutory
  8  3 salaries, for the positions provided for in the Act, and all
  8  4 salaries, including longevity where applicable by express
  8  5 provision in the Code, shall be paid according to the
  8  6 provisions of chapter 91A and shall be in full compensation of
  8  7 all services, including any service on committees, boards,
  8  8 commissions or similar duty for Iowa government, except for
  8  9 members of the general assembly.  A state employee on an
  8 10 annual salary shall not be paid for a pay period an amount
  8 11 which exceeds the employee's annual salary transposed into a
  8 12 rate applicable to the pay period by dividing the annual
  8 13 salary by the number of pay periods in the fiscal year.
  8 14 Salaries for state employees other than annual salaries
  8 15 covered by the overtime payment provisions of the federal Fair
  8 16 Labor Standards Act shall be established on an hourly basis.
  8 17    State employees, excluding state board of regents' faculty
  8 18 members with nine-month appointments, and employees covered
  8 19 under a collective bargaining agreement negotiated with the
  8 20 public safety bargaining unit who are eligible for accrued
  8 21 vacation benefits and accrued sick leave benefits, who have
  8 22 accumulated thirty days of sick leave, and who do not use sick
  8 23 leave during a full month of employment may elect to accrue up
  8 24 to one-half day of additional vacation.  The accrual of
  8 25 additional vacation time by an employee for not using sick
  8 26 leave during a month is in lieu of the accrual of up to one
  8 27 and one-half days of sick leave for that month.  The personnel
  8 28 commission director of the department of personnel may adopt
  8 29 the necessary rules and procedures for the implementation of
  8 30 this program for all state employees except employees of the
  8 31 state board of regents.  The state board of regents may adopt
  8 32 necessary rules for the implementation of this program for its
  8 33 employees.
  8 34    Sec. 17.  Section 70A.16, subsection 2, unnumbered
  8 35 paragraph 1, Code 1995, is amended to read as follows:
  9  1    A state employee who is reassigned shall be reimbursed for
  9  2 moving expenses incurred in accordance with rules adopted by
  9  3 the personnel commission director of the department of
  9  4 personnel when all of the following circumstances exist:
  9  5    Sec. 18.  Section 70A.31, Code 1995, is amended to read as
  9  6 follows:
  9  7    70A.31  ELIGIBILITY.
  9  8    The phased retirement incentive program requires that
  9  9 participants work a maximum of thirty-two hours per week and a
  9 10 minimum of twenty hours per week for the first year four years
  9 11 after entering the program.  After the fourth year of
  9 12 participation in the program, participants shall work a
  9 13 maximum of twenty hours per week.  After the fifth year of
  9 14 participation in the program, participants shall retire from
  9 15 state government service or employment.
  9 16    Sec. 19.  Section 70A.33, unnumbered paragraph 1, Code
  9 17 1995, is amended to read as follows:
  9 18    A state employee meeting the requirements of section 70A.31
  9 19 may file a request to participate in the program with the head
  9 20 of the employee's state department, agency, or commission.
  9 21 The employee shall specify the number of hours per week the
  9 22 employee intends to work for each of the five years of
  9 23 participation, subject to the requirements of section 70A.31.
  9 24 Participation in the program is dependent upon the approval of
  9 25 the head of the department, agency, or commission.  The cost
  9 26 to the state department, agency, or commission shall be paid
  9 27 from the funds appropriated to the department, agency, or
  9 28 commission for salaries, support, maintenance, and
  9 29 miscellaneous purposes.
  9 30    Sec. 20.  Section 80.8, unnumbered paragraph 4, Code 1995,
  9 31 is amended by striking the unnumbered paragraph.
  9 32    Sec. 21.  Section 137.6, subsection 4, Code 1995, is
  9 33 amended to read as follows:
  9 34    4.  Employ persons as necessary for the efficient discharge
  9 35 of its duties.  Employment practices shall meet the
 10  1 requirements of the personnel commission director of the
 10  2 department of personnel or any civil service provision adopted
 10  3 under chapter 400.
 10  4    Sec. 22.  Section 509A.12, unnumbered paragraph 1, Code
 10  5 Supplement 1995, is amended to read as follows:
 10  6    At the request of an employee, the governing body or the
 10  7 county board of supervisors shall by contractual agreement
 10  8 acquire an individual or group life insurance contract,
 10  9 annuity contract, interest in a mutual fund, security, or any
 10 10 other deferred payment contract for the purpose of funding a
 10 11 deferred compensation program.  A governing body or county
 10 12 board of supervisors may establish a deferred compensation
 10 13 program under this section.  The contributions made on behalf
 10 14 of an employee who chooses to participate in the program shall
 10 15 be invested at the direction of the employee in a life
 10 16 insurance contract, annuity contract, mutual fund, security,
 10 17 or any other deferred payment contract offered as an
 10 18 investment option under the program.  The contract acquired
 10 19 for an employee shall be in accordance with the plan document
 10 20 and from any a company, or a salesperson for that company,
 10 21 that is authorized to do business in this state, or through an
 10 22 Iowa-licensed salesperson that the employee selects on a group
 10 23 or individual basis.  When the state of Iowa acquires an
 10 24 investment product pursuant to the plan document, the state
 10 25 does not become a shareholder, stockholder, or owner of a
 10 26 corporation in violation of Article VIII, section 3, of the
 10 27 Constitution of the State of Iowa or any other provision of
 10 28 law.
 10 29    Sec. 23.  REPEAL.  Sections 19A.4, 19A.6, and 19A.7, Code
 10 30 1995, are repealed.
 10 31    Sec. 24.  REPEAL.  Section 307.48, Code 1995, is repealed.  
 10 32 SF 2365
 10 33 ec/cc/26
     
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