Text: H08078                            Text: H08080
Text: H08000 - H08099                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 8079

Amendment Text

PAG LIN
  1  1    Amend House File 2217 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  Section 70A.1, unnumbered paragraph 1,
  1  5 Code 2001, is amended to read as follows:
  1  6    Salaries specifically provided for in an
  1  7 appropriation Act of the general assembly shall be in
  1  8 lieu of existing statutory salaries, for the positions
  1  9 provided for in the Act, and all salaries, including
  1 10 longevity where applicable by express provision in the
  1 11 Code, shall be paid according to the provisions of
  1 12 chapter 91A and shall be in full compensation of all
  1 13 services, including any service on committees, boards,
  1 14 commissions or similar duty for Iowa government,
  1 15 except for members of the general assembly.  A state
  1 16 employee on an annual salary shall not be paid for a
  1 17 pay period an amount which exceeds the employee's
  1 18 annual salary transposed into a rate applicable to the
  1 19 pay period by dividing the annual salary by the number
  1 20 of pay periods in the fiscal year.  Salaries for state
  1 21 employees covered by the overtime payment provisions
  1 22 of the federal Fair Labor Standards Act shall be
  1 23 established on an hourly basis.  However, the state
  1 24 does not and has never intended to waive sovereign
  1 25 immunity from claims arising under the federal Fair
  1 26 Labor Standards Act by any state employee employed in
  1 27 a bona fide managerial capacity as defined in this
  1 28 section.
  1 29    Sec. 2.  Section 70A.1, Code 2001, is amended by
  1 30 adding the following new unnumbered paragraph:
  1 31    NEW UNNUMBERED PARAGRAPH.  For purposes of this
  1 32 section, a "state employee employed in a bona fide
  1 33 managerial capacity" means a state employee employed
  1 34 in a position in which the employee performs the
  1 35 duties of a bona fide executive, bona fide
  1 36 administrator, or a bona fide professional, as those
  1 37 duties are described in 29 C.F.R. } 541.1, 541.2, and
  1 38 541.3.  The status of an employee employed in a bona
  1 39 fide managerial capacity is unaffected by the
  1 40 disciplinary policies applicable to such an employee,
  1 41 including, but not limited to, policies that may
  1 42 result in suspension from employment without pay.
  1 43    Sec. 3.  EFFECTIVE DATE – RETROACTIVE
  1 44 APPLICABILITY.  This Act, being deemed of immediate
  1 45 importance, takes effect upon enactment, and is
  1 46 retroactively applicable to claims arising on or after
  1 47 January 1, 1990, and applies to all litigation pending
  1 48 on the effective date of this Act."
  1 49    #2.  Title page, by striking lines 1 through 3, and
  1 50 inserting the following:  "An Act relating to the
  2  1 applicability of the federal Fair Labor Standards Act
  2  2 to certain state employees and including an effective
  2  3 date and retroactive applicability provision." 
  2  4 
  2  5 
  2  6                               
  2  7 COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
  2  8 TYRRELL of Iowa, Chairperson
  2  9 HF 2217.901 79
  2 10 ec/hk
     

Text: H08078                            Text: H08080
Text: H08000 - H08099                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index


© 2002 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Fri Feb 22 03:35:53 CST 2002
URL: /DOCS/GA/79GA/Legislation/H/08000/H08079/020221.html
jhf