Text: HSB00626                          Text: HSB00628
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 627

Bill Text

PAG LIN
  1  1    Section 1.  Section 19A.1, subsection 2, Code 1999, is
  1  2 amended to read as follows:
  1  3    2.  The department is the central agency responsible for
  1  4 state personnel management, including the following:
  1  5    a.  Policy and program development, workforce planning, and
  1  6 research.
  1  7    b.  Employment activities and transactions, including
  1  8 recruitment, testing examination, and certification of
  1  9 personnel seeking employment or promotion.
  1 10    c.  Compensation and benefits, including position
  1 11 classification, wages and salaries, and employee benefits.
  1 12 Employee benefits include, but are not limited to, group
  1 13 medical, dental, life, and long-term disability insurance,
  1 14 workers' compensation, unemployment benefits, sick leave,
  1 15 deferred compensation, holidays and vacations, tuition
  1 16 reimbursement, and educational leaves.  Employee benefits also
  1 17 include the Iowa department of public safety peace officers'
  1 18 retirement, accident, and disability system and the Iowa
  1 19 public employees' retirement system, which are maintained as
  1 20 distinct and independent systems within the department.
  1 21    d.  Equal employment opportunity, and affirmative action,
  1 22 and workforce diversity programs.
  1 23    e.  Education, and training, and workforce development
  1 24 programs.
  1 25    f.  Personnel records and administration, including the
  1 26 audit of all personnel-related documents.
  1 27    g.  Employment relations, including the negotiation and
  1 28 administration of collective bargaining agreements on behalf
  1 29 of the executive branch of the state and its departments and
  1 30 agencies as provided in chapter 20.  However, the state board
  1 31 of regents, for the purposes of implementing and administering
  1 32 collective bargaining pursuant to chapter 20, shall act as the
  1 33 exclusive representative of the state with respect to its
  1 34 faculty, scientific, and other professional staff.
  1 35    h.  The coordination and management of the state's human
  2  1 resource information system.
  2  2    Sec. 2.  Section 19A.1, subsection 3, Code 1999, is amended
  2  3 to read as follows:
  2  4    3.  The following part-time boards and commissions are
  2  5 within the department:
  2  6    a.  The board of trustees of the public safety peace
  2  7 officers' retirement, accident, and disability system, created
  2  8 by section 97A.5.
  2  9    b.  The investment board of the Iowa public employees'
  2 10 retirement system created by section 97B.8.
  2 11    c.  The affirmative action equal opportunity in employment
  2 12 task force created pursuant to executive order, or its
  2 13 successor.
  2 14    Sec. 3.  Section 19A.1A, subsection 1, Code Supplement
  2 15 1999, is amended to read as follows:
  2 16    1.  The chief administrative officer of the department is
  2 17 the director.  The director shall be appointed by the
  2 18 governor, subject to confirmation by the senate.  The director
  2 19 serves at the pleasure of the governor and is subject to
  2 20 reconfirmation after four years in office.  The person
  2 21 appointed shall be professionally qualified by education and
  2 22 experience in the field of public personnel administration,
  2 23 including the application of merit principles in public
  2 24 employment, and the appointment shall be made without regard
  2 25 for political affiliation.  The director shall not be a member
  2 26 of any local, state, or national committee of a political
  2 27 party, an officer or member of a committee in any partisan
  2 28 political club or organization, or hold or be a candidate for
  2 29 a paid elective public office.  The director is subject to the
  2 30 restrictions on political activity provided in section 19A.18
  2 31 for employees in the classified service.  The governor shall
  2 32 set the salary of the director within a range established by
  2 33 the general assembly.
  2 34    Sec. 4.  Section 19A.1A, subsection 3, Code supplement
  2 35 1999, is amended to read as follows:
  3  1    3.  The director may establish by rule divisions and other
  3  2 subunits as necessary for the organization of the department.
  3  3 The director may also establish regional field service offices
  3  4 staffed by employees of the department or the executive
  3  5 departments in which they are located.  The functions and
  3  6 staffs of the regional offices are subject to policies set by
  3  7 the director of the department of personnel.
  3  8    Sec. 5.  Section 19A.2A, Code 1999, is amended to read as
  3  9 follows:
  3 10    19A.2A  PURPOSE AND APPLICABILITY OF CHAPTER.
  3 11    The general purpose of this chapter is to establish for the
  3 12 state of Iowa a system of personnel administration based on
  3 13 merit principles and scientific methods to govern the
  3 14 appointment, compensation, promotion, welfare, development,
  3 15 transfer, layoff, removal, and discipline of its civil
  3 16 employees, and other incidents of state employment.  It is
  3 17 also the purpose of this chapter to promote the coordination
  3 18 of personnel rules and policies with collective bargaining
  3 19 agreements negotiated under chapter 20.
  3 20    All appointments and promotions to positions in covered by
  3 21 the state merit system shall be made solely on the basis of
  3 22 merit and fitness, to be ascertained by competitive
  3 23 examinations or other appropriate screening methods, except as
  3 24 otherwise specified in this chapter.
  3 25    Provisions of this chapter pertaining to qualifications,
  3 26 examination, competitive appointment certification, probation,
  3 27 and just cause hearings apply only to employees covered by the
  3 28 merit system.
  3 29    Sec. 6.  Section 19A.3, subsections 5, 8, 9, 10, 15, and
  3 30 20, Code 1999, are amended to read as follows:
  3 31    5.  All presidents, deans, directors, teachers,
  3 32 professional and scientific personnel, and student employees
  3 33 under the jurisdiction of the state board of regents.  The
  3 34 state board of regents shall adopt rules not inconsistent with
  3 35 the objectives of this chapter for all of its employees not
  4  1 cited specifically in this subsection.  The rules are subject
  4  2 to approval by the director of the department of personnel.
  4  3 If at any time the director determines that the board of
  4  4 regents merit system does rules do not comply with the intent
  4  5 of this chapter, the director may direct the board to correct
  4  6 the rules.  The rules of the board are not in compliance until
  4  7 the corrections are made.
  4  8    8.  Part-time persons Persons who are paid a fee on a
  4  9 contract-for-services basis.
  4 10    9.  Seasonal Temporary employees appointed during a
  4 11 department's designated six-month seasonal employment period
  4 12 during the same annual twelve-month period, as approved by the
  4 13 director.
  4 14    10.  Residents, patients, or inmates working in state
  4 15 institutions, or persons on parole working in work experience
  4 16 programs for a period no longer than one year.
  4 17    15.  The chief deputy administrative officer and each
  4 18 division head administrator of each executive department not
  4 19 otherwise specifically provided for in this section, and
  4 20 physicians not otherwise specifically provided for in this
  4 21 section.  As used in this subsection, "division head
  4 22 administrator" means a principal administrative or
  4 23 policymaking position designated by a chief administrative
  4 24 officer and approved by the department of personnel director
  4 25 or as specified by law.
  4 26    20.  The superintendent of savings and loan associations
  4 27 and all employees of the savings and loan division of the
  4 28 department of commerce.
  4 29    Sec. 7.  Section 19A.3, unnumbered paragraph 2, Code 1999,
  4 30 is amended to read as follows:
  4 31    The director of the department of personnel shall negotiate
  4 32 an agreement with the director of the department for the blind
  4 33 concerning the applicability of the merit system to the
  4 34 professional employees of the department for the blind.
  4 35    Sec. 8.  Section 19A.8, subsection 2, Code Supplement 1999,
  5  1 is amended to read as follows:
  5  2    2.  To establish and maintain a roster list of all
  5  3 employees in the executive branch of state government,
  5  4 excluding employees of the state board of regents, in which
  5  5 there shall be set forth, as to each employee, the class
  5  6 title, pay, or status, and other pertinent data.
  5  7    Sec. 9.  Section 19A.8, subsection 6, Code Supplement 1999,
  5  8 is amended to read as follows:
  5  9    6.  To investigate the operation and effect of this chapter
  5 10 and of the rules made under it and to report semiannually
  5 11 annually the director's findings and recommendations to the
  5 12 governor.
  5 13    Sec. 10.  Section 19A.8, Code Supplement 1999, is amended
  5 14 by adding the following new unnumbered paragraph following
  5 15 unnumbered paragraph 2:
  5 16    NEW UNNUMBERED PARAGRAPH.  The director may delegate any or
  5 17 all aspects of the recruitment, examination, and selection
  5 18 processes to an agency in the executive branch upon request by
  5 19 that agency.  The director shall oversee all activities
  5 20 delegated to that agency.
  5 21    Sec. 11.  Section 19A.8, unnumbered paragraph 3, Code
  5 22 Supplement 1999, is amended to read as follows:
  5 23    The director shall utilize appropriate persons, including
  5 24 officers and employees in the executive branch of state
  5 25 government, to assist in the preparation and rating of tests
  5 26 recruitment and examination of applicants for employment.  The
  5 27 director shall confer with agency personnel to assist in
  5 28 preparing examinations for professional and technical classes.
  5 29 An appointing authority may excuse any employee under the
  5 30 appointing authority's jurisdiction from the employee's
  5 31 regular duties for the time required for work as an examiner.
  5 32 These officers and employees are not entitled to extra pay for
  5 33 their services, as examiners but shall be paid their necessary
  5 34 traveling and other expenses.
  5 35    Sec. 12.  Section 19A.9, subsections 1, 3, 4, 5, 6, 7, 8,
  6  1 9, 10, 11, 12, 13, 14, and 23, Code Supplement 1999, are
  6  2 amended to read as follows:
  6  3    1.  For the preparation, maintenance, and revision of a job
  6  4 classification plan that encompasses each job in the executive
  6  5 branch, excluding job classifications under the state board of
  6  6 regents, based upon assigned duties and responsibilities, so
  6  7 that the same general qualifications may reasonably be
  6  8 required for and the same pay plan may be equitably applied to
  6  9 all jobs in the same job classification.  The director shall
  6 10 classify the position of every employee in the executive
  6 11 branch, excluding employees of the state board of regents,
  6 12 into one of the classes in the plan.  An appointing authority
  6 13 or employee adversely affected by a job classification or
  6 14 reclassification decision may file an appeal with the
  6 15 director.  Appeals of a classification or reclassification
  6 16 decision shall be exempt from the provisions of section 17A.11
  6 17 and shall be heard by a committee appointed by the director.
  6 18 The classification or reclassification of a position that
  6 19 would cause the expenditure of additional salary funds shall
  6 20 not become effective if the expenditure of funds would be in
  6 21 excess of the total amount budgeted for the department of the
  6 22 appointing authority until budgetary approval has been
  6 23 obtained from the director of the department of management.
  6 24    When the public interest requires a diminution decrease or
  6 25 increase of employees in any position or type of employment
  6 26 not otherwise provided by law, or the creation or abolishment
  6 27 of any position or type of employment, the director, acting in
  6 28 good faith, shall so notify the governor.  Thereafter, the
  6 29 position or type of employment shall stand abolished or
  6 30 created and the number of employees therein reduced or
  6 31 increased.
  6 32    3.  For open competitive examinations to test determine the
  6 33 relative fitness of new applicants for the respective
  6 34 positions employment.  Such examinations shall be practical in
  6 35 character and shall relate to such matters as will fairly test
  7  1 assess the ability of the applicant to discharge the duties of
  7  2 the position to which appointment is sought.
  7  3    Where the Code of Iowa establishes certification,
  7  4 registration, and or licensing provisions, such documents
  7  5 shall be considered prima facie evidence of basic skills
  7  6 accomplishment and such persons shall be exempt from further
  7  7 basic skills testing examination.
  7  8    Examinations need not be held until after the rules have
  7  9 been adopted, the service classified, and a pay plan
  7 10 established, but shall be held no later than one year after
  7 11 September 1, 1967.  Such examinations Vacancies shall be
  7 12 announced publicly at least fifteen days in advance of the
  7 13 date fixed for the filing of applications therefor, and shall
  7 14 be advertised through the communications media.  The director
  7 15 may, however, in the director's discretion, continue to
  7 16 receive applications and examine candidates for a period
  7 17 adequate to assure a sufficient number of eligibles to meet
  7 18 the needs of the system, and may add the names of successful
  7 19 candidates to existing eligible lists in accordance with their
  7 20 respective ratings.
  7 21    4.  For promotions which shall give appropriate
  7 22 consideration to the applicant's qualifications, record of
  7 23 performance, and conduct.  Vacancies shall be filled by
  7 24 promotion whenever practicable and in the best interest of the
  7 25 system and shall be by competitive or noncompetitive
  7 26 examination.  Such examinations shall be of the same nature
  7 27 and content as those used in establishing competitive
  7 28 registers for the class.  A promotion means a change in the
  7 29 status of an employee, from a position in one class to a
  7 30 position in another class having a higher entrance salary
  7 31 paygrade.
  7 32    5.  For the establishment of eligible lists for appointment
  7 33 and promotion, upon which lists shall be placed the names of
  7 34 successful candidates in the order of their relative
  7 35 excellence in the respective examinations.  Eligibility for
  8  1 appointment from any such list shall continue for at least one
  8  2 year and not longer than three years.
  8  3    6.  For the rejection of candidates or eligibles applicants
  8  4 who fail to comply with meet reasonable requirements such as
  8  5 physical condition, training and experience, or who are
  8  6 habitual criminals or alcoholics who have not been
  8  7 rehabilitated from the use of alcohol for a period of six
  8  8 months, or addicted to narcotics, or who have attempted any
  8  9 deception or fraud in connection with an examination.
  8 10    7.  For the appointment by the appointing authority of a
  8 11 person standing among the highest six scores on the
  8 12 appropriate eligible list to fill a vacancy.
  8 13    8.  For a probation period of six months, excluding
  8 14 educational or training leave, before appointment may be made
  8 15 complete, and during which period a probationer may be
  8 16 discharged or reduced in class or rank, or replaced on the
  8 17 eligible list pay.  The appointing authority shall within ten
  8 18 days prior to the expiration of an employee's probation period
  8 19 notify the director in writing whether the services of the
  8 20 employee have been satisfactory or unsatisfactory.  If the
  8 21 employee's services are unsatisfactory, the employee shall be
  8 22 dropped from the payroll on or before the expiration of the
  8 23 probation period.  If satisfactory, the appointment shall be
  8 24 deemed permanent.  The determination of the appointing
  8 25 authority shall be final and conclusive.
  8 26    9.  For emergency employment for not more than sixty
  8 27 calendar days in any twelve-month period without examination,
  8 28 and for intermittent temporary employment for not more than
  8 29 one hundred twenty calendar days in any twelve-month period a
  8 30 fiscal year.  For intermittent employment the employee must
  8 31 have had a probationary, permanent, or temporary appointment.
  8 32    10.  For provisional employment without competitive
  8 33 examination when there is no appropriate eligible list
  8 34 available.  No such Such provisional employment shall not
  8 35 continue longer than one hundred eighty calendar days nor
  9  1 shall successive provisional appointments be allowed, except
  9  2 during the first two years after September 1, 1967, in order
  9  3 to avoid stoppage of orderly conduct of the business of the
  9  4 state.
  9  5    11.  For transfer from a position in one department to a
  9  6 similar position in the same department or another department
  9  7 involving similar qualifications, duties, responsibilities,
  9  8 and salary ranges.  Whenever an employee transfers or is
  9  9 transferred from one state department or agency to another
  9 10 state department or agency, the employee's seniority rights,
  9 11 any accumulated sick leave, and accumulated vacation time, as
  9 12 provided in the law, shall be transferred to the new place of
  9 13 employment and credited to the employee.  Employees who are
  9 14 subject to contracts negotiated under chapter 20 which include
  9 15 transfer provisions shall be governed by the contract
  9 16 provisions.
  9 17    12.  For reinstatement of persons who have attained
  9 18 permanent status and who resign in good standing or who are
  9 19 laid off from their positions without fault or delinquency on
  9 20 their part, within a period equal to the period of their
  9 21 continuous employment with the state but for a period of not
  9 22 longer than two years.
  9 23    13.  For establishing in cooperation with the appointing
  9 24 authorities a performance management system of service records
  9 25 of for all employees in the executive branch of state
  9 26 government, excluding employees of the state board of regents,
  9 27 which service records shall be considered in determining
  9 28 salary increases provided in the pay plan; as a factor in
  9 29 promotion tests promotions; as a factor in determining the
  9 30 order of layoffs because of lack of funds or work and in
  9 31 reinstatement; as a factor in demotions, discharges, or and
  9 32 transfers; and for the regular evaluation, at least annually,
  9 33 of the qualifications and performance of those employees.
  9 34    14.  For layoffs by reason of lack of funds or work, or
  9 35 organization reorganization, and for the recall of employees
 10  1 so laid off, giving primary consideration in layoffs to the
 10  2 employee's performance record and secondary consideration to
 10  3 the length of service.  An employee who has been laid off may
 10  4 be on a recall list for one year, which list shall be
 10  5 exhausted by the agency organizational unit enforcing the
 10  6 layoff before selection of an employee may be made from the
 10  7 promotional or nonpromotional list of eligibles in the
 10  8 employee's classification.  Employees who are subject to
 10  9 contracts negotiated under chapter 20 which include layoff and
 10 10 recall provisions shall be governed by the contract
 10 11 provisions.
 10 12    23.  For the establishment of work test appointments to job
 10 13 classifications such as laborers, attendants, aides, food
 10 14 service workers, laundry workers, custodial workers, or
 10 15 similar types of employment when the character of the work
 10 16 makes it impracticable to effectively supply the needs of the
 10 17 departments by written or other type of competitive
 10 18 examination.  If this subsection conflicts with any other
 10 19 provisions of this chapter, the provisions of this subsection
 10 20 govern the positions to which it applies.  All persons
 10 21 appointed to the positions specified in this subsection shall
 10 22 serve a probationary period in accordance with this chapter,
 10 23 may acquire permanent status, and are subject to the same
 10 24 rules as other employees.  Such persons shall be required to
 10 25 pass promotional examinations as prescribed by this chapter
 10 26 and the rules adopted by the director before they may be
 10 27 promoted to a higher classification.
 10 28    Sec. 13.  NEW SECTION.  19A.12D  IOWA STATE EMPLOYEE
 10 29 DEFERRED COMPENSATION MATCH TRUST FUND.
 10 30    1.  There is created in the office of the treasurer of
 10 31 state a special fund, separate and apart from all other public
 10 32 moneys or funds of this state, to be known as the Iowa state
 10 33 employee deferred compensation match trust fund, hereafter
 10 34 called the "fund".  The fund shall consist of all moneys
 10 35 deposited in the fund, and other assets that must be held in
 11  1 trust for the exclusive benefit of participants in the state's
 11  2 deferred compensation match program as required by section
 11  3 401(a) of the federal Internal Revenue Code, and interest and
 11  4 earnings thereon, and shall be used for the exclusive benefit
 11  5 of participants and their beneficiaries in a deferred
 11  6 compensation match program established by the state under
 11  7 section 509A.12.
 11  8    2.  The director is the trustee of the fund and shall
 11  9 administer the fund.  Any loss to the fund shall be charged
 11 10 against the trust and the director shall not be personally
 11 11 liable for such loss.
 11 12    3.  Moneys in the fund are not subject to section 8.33.
 11 13 Notwithstanding section 12C.7, subsection 2, interest or
 11 14 earnings on moneys in the fund shall be credited to the fund.
 11 15    Sec. 14.  NEW SECTION.  19A.12E  STATE EMPLOYEE DEPENDENT
 11 16 CARE SPENDING ACCOUNT TRUST FUND.
 11 17    1.  There is created in the state treasury a special trust
 11 18 fund known as the Iowa state employee dependent care spending
 11 19 account trust fund.  The trust fund consists of all moneys,
 11 20 including monthly administrative charges paid by a state
 11 21 department or agency as authorized by section 19A.8, held in
 11 22 trust for the exclusive benefit of participants in the state's
 11 23 dependent care spending account plan.  Moneys in the fund are
 11 24 not subject to section 8.33.  Notwithstanding section 12C.7,
 11 25 interest and earnings from moneys in the trust fund shall be
 11 26 credited to the trust fund and shall be used exclusively for
 11 27 the benefit of plan participants.
 11 28    2.  The director shall serve as trustee of the trust fund
 11 29 and shall administer the fund as required by sections 125 and
 11 30 129 of the federal Internal Revenue Code.  Any loss to the
 11 31 fund shall be charged against the fund and the director shall
 11 32 not be personally liable for such loss.  The director has the
 11 33 authority to direct expenditures as deemed appropriate to the
 11 34 exclusive benefit of the plan participants.
 11 35    Sec. 15.  Section 19A.13, unnumbered paragraphs 1 and 2,
 12  1 Code 1999, are amended to read as follows:
 12  2    A state disbursing or auditing officer shall not make or
 12  3 approve or take part in making or approving a payment for
 12  4 personal service personnel services to any person unless the
 12  5 payroll voucher or account of the pay bears the certification
 12  6 of the director, or of the director's authorized agent, that
 12  7 the persons named have been appointed and employed in
 12  8 accordance with this chapter and the rules and orders under
 12  9 it, and that funds are available for the payment of the
 12 10 persons.
 12 11    The director may, for proper cause, withhold certification
 12 12 from an entire payroll or from any specific item or items
 12 13 thereon.  The director may, however, provide that
 12 14 certification of payrolls may be made once every six months
 12 15 year, and such certification shall remain in effect except in
 12 16 the case of any officer or employee whose status has changed
 12 17 after the last certification of the officer's or employee's
 12 18 payroll.  In the latter case no voucher for payment of salary
 12 19 to such employee shall be issued or payment of salary made
 12 20 without further certification by the director.
 12 21    Sec. 16.  Section 19A.15, unnumbered paragraph 2, Code
 12 22 1999, is amended to read as follows:
 12 23    Any applicant for a position subject to the provisions of
 12 24 this chapter shall be permitted to review, in accordance with
 12 25 such rules as the director may prescribe, any test, grade, or
 12 26 evaluation resulting from the application for employment.
 12 27    Sec. 17.  Section 19A.16, Code 1999, is amended to read as
 12 28 follows:
 12 29    19A.16  SERVICES TO POLITICAL SUBDIVISIONS.
 12 30    The director may enter into agreements with any
 12 31 municipality or political subdivision of the state to furnish
 12 32 services and facilities of the agency to the municipality or
 12 33 political subdivision.  The agreement shall provide for the
 12 34 reimbursement to the state department of the reasonable cost
 12 35 of the services and facilities furnished.  All municipalities
 13  1 and political subdivisions of the state are authorized to
 13  2 enter into such agreements.
 13  3    Nothing in this chapter shall affect any municipal civil
 13  4 service programs presently established under and pursuant to
 13  5 chapter 400.
 13  6    Sec. 18.  Section 19A.19, unnumbered paragraph 1, Code
 13  7 1999, is amended to read as follows:
 13  8    No A person shall not make any false statement,
 13  9 certificate, mark, rating, or report with regard to any test,
 13 10 certification, examination or appointment made under any
 13 11 provision of this chapter or in any manner commit or attempt
 13 12 to commit any fraud preventing the impartial execution of this
 13 13 chapter and the rules hereunder adopted pursuant to this
 13 14 chapter.
 13 15    Sec. 19.  Section 19A.19, unnumbered paragraph 3, Code
 13 16 1999, is amended to read as follows:
 13 17    No An employee of the department, examiner, or any other
 13 18 person shall not defeat, deceive, or obstruct any person in
 13 19 the person's right to examination, eligibility certification,
 13 20 or appointment under this chapter, or furnish to any person
 13 21 any special or secret information for the purpose of affecting
 13 22 the rights or prospects of any person with respect to
 13 23 employment in the merit system.
 13 24    Sec. 20.  Section 19A.32, Code 1999, is amended to read as
 13 25 follows:
 13 26    19A.32  WORKERS' COMPENSATION CLAIMS.
 13 27    The director shall employ appropriate staff to handle and
 13 28 adjust claims of state employees for workers' compensation
 13 29 benefits pursuant to chapters 85, 85A, 85B, and 86, or with
 13 30 the approval of the executive council contract for the
 13 31 services or purchase workers' compensation insurance coverage
 13 32 for state employees or selected groups of state employees.  A
 13 33 state employee workers' compensation fund is established to
 13 34 pay state employee workers' compensation claims and
 13 35 administrative costs.  The department shall establish a rating
 14  1 formula and assess premiums to all agencies, departments, and
 14  2 divisions of the state including those which have not received
 14  3 an appropriation for the payment of workers' compensation
 14  4 insurance and which operate from moneys other than from the
 14  5 general fund of the state.  The department shall collect the
 14  6 premiums and deposit them into the state employee workers'
 14  7 compensation fund.  Notwithstanding section 8.33, moneys
 14  8 deposited in the state employee workers' compensation fund
 14  9 shall not revert to the general fund of the state at the end
 14 10 of any fiscal year, but shall remain in the state employee
 14 11 workers' compensation fund and be continuously available to
 14 12 pay state employee workers' compensation claims.
 14 13 Notwithstanding section 12C.7, interest and earnings from
 14 14 moneys in the fund shall be credited to the fund and shall be
 14 15 used exclusively for the payment of workers' compensation
 14 16 claims and administrative costs.  The director of revenue and
 14 17 finance is authorized and directed to draw warrants on this
 14 18 fund for the payment of state employee workers' compensation
 14 19 claims.
 14 20    Sec. 21.  Section 19A.35, subsection 2, Code Supplement
 14 21 1999, is amended to read as follows:
 14 22    2.  There is created in the state treasury a special trust
 14 23 fund known as the Iowa state employee health flexible spending
 14 24 account trust fund.  The trust fund consists of all moneys
 14 25 appropriated to the fund, all monthly administrative charges
 14 26 paid by a state department or agency as authorized by section
 14 27 19A.8, and any other assets directed to be held in trust for
 14 28 the exclusive benefit of participants in the state's health
 14 29 flexible spending account plan.  Notwithstanding section
 14 30 12C.7, interest and earnings from moneys in the trust fund
 14 31 shall be credited to the trust fund and shall be used
 14 32 exclusively for the benefit of plan participants.
 14 33    Sec. 22.  Section 70A.16, subsection 1, Code 1999, is
 14 34 amended to read as follows:
 14 35    1.  If approved by the appointing authority, a person who
 15  1 interviews for employment by the state shall be reimbursed for
 15  2 expenses incurred in the interview at the same rate at which a
 15  3 state employee is reimbursed for expenses incurred during the
 15  4 performance of state business.
 15  5    Sec. 23.  Section 70A.20, subsection 3, paragraph a, Code
 15  6 1999, is amended to read as follows:
 15  7    a.  Minimum and maximum benefits, of not less than fifty
 15  8 dollars per month and not exceeding two thousand dollars per
 15  9 month.
 15 10    Sec. 24.  Section 70A.25, subsection 1, paragraph a, Code
 15 11 1999, is amended to read as follows:
 15 12    a.  "Educational assistance" means reimbursement for
 15 13 tuition, fees, books or other expenses incurred by a state
 15 14 employee in taking coursework at an educational institution or
 15 15 attending a workshop, seminar, or conference without a
 15 16 reduction in ordinary job responsibilities and that the
 15 17 appointing authority determines contributes to the growth and
 15 18 development of the employee in the employee's present
 15 19 position.
 15 20    Sec. 25.  Section 70A.25, subsection 1, paragraph c, Code
 15 21 1999, is amended to read as follows:
 15 22    c.  "Educational leave and educational assistance" do not
 15 23 apply to job training, and employee development programs, and
 15 24 or departmental seminars that are conducted or sponsored by a
 15 25 state agency for the exclusive benefit of employees of that
 15 26 state agency.
 15 27    Sec. 26.  Section 70A.25, subsection 2, unnumbered
 15 28 paragraph 1, Code 1999, is amended to read as follows:
 15 29    The purpose of educational leave with full or partial pay
 15 30 and educational assistance is to assist state employees to
 15 31 develop skills that will improve their ability to perform
 15 32 their present state job responsibilities or in the case of
 15 33 educational leave to also provide training and educational
 15 34 opportunities for employees of a state agency that will enable
 15 35 the agency director to better meet the staffing needs of the
 16  1 state agency.
 16  2    Sec. 27.  Section 70A.31, Code 1999, is amended to read as
 16  3 follows:
 16  4    70A.31  ELIGIBILITY.
 16  5    The phased retirement incentive program requires that
 16  6 participants agree to work a maximum of thirty-two hours per
 16  7 week and a minimum of twenty hours per week for the first four
 16  8 years after entering the program.  After the fourth year of
 16  9 participation in the program, participants shall agree to work
 16 10 a maximum of twenty hours per week.  Participants shall agree
 16 11 to retire from state government employment effective on no
 16 12 later than the last day of their fifth year of participation
 16 13 in the program.
 16 14    Sec. 28.  EFFECTIVE DATE – RETROACTIVE APPLICABILITY.
 16 15 Section 14 of this Act, creating new section 19A.12E, being
 16 16 deemed of immediate importance, takes effect upon enactment
 16 17 and is retroactively applicable to January 1, 2000, and is
 16 18 applicable on and after that date.  
 16 19                           EXPLANATION
 16 20    This bill makes several changes to provisions concerning
 16 21 the department of personnel and state employees.
 16 22    Code section 19A.1, concerning the responsibilities of the
 16 23 department of personnel, is amended.  The changes add dental
 16 24 insurance to the list of benefit programs administered by the
 16 25 department, specifies that the department will have the
 16 26 primary responsibility for coordinating and managing the
 16 27 state's human resource information system, and changes the
 16 28 name of the governor's task force that is responsible for
 16 29 equal employment opportunity.
 16 30    Code section 19A.2A is amended to provide that appointments
 16 31 to positions covered by the merit system can be made by using
 16 32 appropriate screening methods in addition to examinations.
 16 33    Code section 19A.3, governing exceptions to the
 16 34 applicability of the merit system to certain persons, is
 16 35 amended.  The exception to merit system coverage for persons
 17  1 who are paid on a contract for services basis is expanded to
 17  2 all persons and not just part-time persons.  The change to
 17  3 subsection 10 results in permanent exclusion of residents,
 17  4 patients, and inmates from coverage under the merit system.
 17  5 The exemption to the merit system for the superintendent,
 17  6 deputy, and employees of the savings and loan division of the
 17  7 department of commerce is eliminated.
 17  8    Code section 19A.8, governing the duties of the director of
 17  9 the department of personnel, is amended.  Subsection 2 is
 17 10 amended to eliminate the exclusion of board of regents
 17 11 employees from the list of state employees, including their
 17 12 pay, required to be maintained.  The section is changed to
 17 13 require the director to report to the governor concerning the
 17 14 operation of Code chapter 19A on an annual, and not a
 17 15 semiannual, basis.  The section is also changed to permit the
 17 16 director to delegate various aspects of the hiring processes
 17 17 to an executive branch agency at the request of the agency and
 17 18 upon the approval of the director.  In addition, the section
 17 19 is changed to allow the department to utilize other executive
 17 20 branch employees to recruit and examine prospective state
 17 21 employees, rather than be utilized for testing purposes only.
 17 22    Code section 19A.9, concerning rules adopted by the
 17 23 department, is amended.  Subsection 1, governing
 17 24 classification plans, is amended to provide that appeals of
 17 25 classification decisions are to be heard by a committee
 17 26 appointed by the director rather than as provided by the state
 17 27 administrative procedure Act.
 17 28    Subsections 3 through 6, governing applicants for
 17 29 positions, promotions, and rejections of applicants, are
 17 30 amended to provide hiring entities' increased flexibility in
 17 31 these decisions as it relates to the use of examinations.
 17 32    Subsection 7, governing the appointment of employees, is
 17 33 amended to eliminate the requirement that the appointment be
 17 34 limited to candidates with the highest six scores on the list
 17 35 of candidates.  Other changes in the bill are made to reflect
 18  1 the elimination of the high six requirement.
 18  2    Subsection 8, governing probationary periods, is amended to
 18  3 eliminate the requirement that departments notify the director
 18  4 whether a probationary employee is satisfactory or not.
 18  5    Subsection 9 is amended to provide for rules governing
 18  6 temporary employment and references to emergency and
 18  7 intermittent employment are eliminated.
 18  8    Subsection 11 is amended to allow the department to provide
 18  9 rules for the transfer of employees from a position in a
 18 10 department to a similar position in the same department.
 18 11    Subsection 12 is amended to permit a former state
 18 12 government employee who resigned in good standing to return to
 18 13 state government employment at any time and receive the same
 18 14 vacation and sick leave accrual rate as the employee enjoyed
 18 15 at the time of resignation.
 18 16    Subsection 13 is amended to establish a performance
 18 17 management system in which appointing authorities may use the
 18 18 information in the system to make decisions related to salary
 18 19 increases, promotions, layoffs, reinstatement, evaluation, and
 18 20 other personnel decisions related to the employee.
 18 21    Subsection 14 allows an appointing authority to equally
 18 22 weigh an employee's performance and length of service in
 18 23 making a layoff decision rather than giving first preference
 18 24 to the employee's performance.  It restricts recall to state
 18 25 employment to the organizational unit from which an employee
 18 26 was subject to layoff.
 18 27    Subsection 23, governing work test appointments, is
 18 28 stricken.
 18 29    New Code section 19A.12D creates the Iowa state employee
 18 30 deferred compensation match trust fund.  The director of the
 18 31 department of personnel administers the fund and funds held in
 18 32 this trust account can only be held for the exclusive benefit
 18 33 of the participants or their beneficiaries in the plan.
 18 34    New Code section 19A.12E establishes a dependent care
 18 35 spending account trust fund.  The fund consists of participant
 19  1 moneys that are used to pay dependent care claims and
 19  2 administrative costs.  The moneys in the fund can only be used
 19  3 for the exclusive benefit of participants in this benefit
 19  4 program and shall be administered consistent with sections 125
 19  5 and 129 of the federal Internal Revenue Code.  The director is
 19  6 the trustee of the fund.  This section takes effect upon
 19  7 enactment and is retroactively applicable to January 1, 2000.
 19  8    Code section 19A.13 is amended to permit the director to
 19  9 certify payrolls every year instead of every six months.
 19 10    Code section 19A.16 is amended to provide that when the
 19 11 department provides services to a political subdivision of the
 19 12 state, reimbursement will be made to the department and not
 19 13 the state.
 19 14    Code section 19A.32 concerning the Iowa state employee
 19 15 workers' compensation fund is amended to provide that interest
 19 16 and earnings from the fund be credited to the fund for use in
 19 17 paying workers' compensation claims and administrative costs.
 19 18    Code section 19A.35 is amended to provide that
 19 19 administrative charges paid by state departments and agencies
 19 20 relating to the state employee health flexible spending
 19 21 account trust fund shall be deposited in the fund.
 19 22    Code section 70A.16, governing interview and moving
 19 23 expenses, is amended to allow an appointing authority to
 19 24 reimburse the expenses of a person interviewing for a position
 19 25 in state government in an amount different than the rate for
 19 26 reimbursement of expenses for a state employee on state
 19 27 business.
 19 28    Code section 70A.20 is amended to eliminate the maximum
 19 29 limit for disability benefits payable under the state's
 19 30 disability program for state employees.  The current maximum
 19 31 benefit payable for a month is $2,000.
 19 32    Code section 70A.25 is amended to provide that educational
 19 33 leave or assistance to a state employee need not be limited to
 19 34 education that benefits the employee in their current job.
 19 35 The changes permit educational leave or assistance if it would
 20  1 be of benefit to other state positions.
 20  2    Code section 70A.31, governing eligibility for the phased
 20  3 retirement program, is amended to permit participation for any
 20  4 length of time up to five years.  Current law requires
 20  5 participation for five years.  
 20  6 LSB 5344DP 78
 20  7 ec/as/5.1

Text: HSB00626                          Text: HSB00628
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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