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Senate Amendment 5518

Amendment Text

PAG LIN
  1  1    Amend Senate File 2333 as follows:
  1  2    #1.  Page 2, by inserting after line 14 the
  1  3 following:
  1  4    "There is appropriated from the rebuild Iowa
  1  5 infrastructure fund to the state board of regents for
  1  6 the fiscal year beginning July 1, 2003, and ending
  1  7 June 30, 2004, the following amount, or so much
  1  8 thereof as is necessary, to be used for the purpose
  1  9 designated:
  1 10    For repayment of the bonding for the phase II
  1 11 construction of the engineering teaching and research
  1 12 complex at Iowa state university of science and
  1 13 technology, as authorized in this section:  
  1 14 .................................................. $  7,000,000
  1 15    Moneys appropriated in this section are not subject
  1 16 to transfer."
  1 17    #2.  Page 3, by inserting after line 17 the
  1 18 following:
  1 19    "Sec.    .  LEGISLATIVE PER DIEM PAYMENT.
  1 20 Notwithstanding section 2.10, subsection 6, for the
  1 21 special session that convenes May 28, 2002, the
  1 22 members of the general assembly are not entitled to
  1 23 and shall not receive the sum of eighty-six dollars
  1 24 per day for each day the general assembly is actually
  1 25 in special session, but shall receive the same travel
  1 26 allowances and expenses as authorized by section 2.10.
  1 27 This section is retroactively applicable to May 28,
  1 28 2002."
  1 29    #3.  Page 12, by inserting after line 16 the
  1 30 following:
  1 31    "Sec.    .  Section 12E.12, subsection 8, if
  1 32 enacted by 2002 Iowa Acts, Second Extraordinary
  1 33 Session, Senate File 2334, section 229, is amended to
  1 34 read as follows:
  1 35    8.  With respect to the payment of certain debt
  1 36 service, the debt service to be paid shall be those
  1 37 installments of debt service on bonds selected by the
  1 38 treasurer of state and identified in the authority's
  1 39 tax certificate delivered at the time of the issuance
  1 40 of the bonds issued pursuant to this chapter, or as
  1 41 otherwise selected by the treasurer of state.  Once
  1 42 the bonds and the installments of debt service thereon
  1 43 are so selected, that debt service and bonds shall not
  1 44 be paid, or provided to be paid, from any other source
  1 45 including the state or any of its departments or
  1 46 agencies.  Provided, however, that if funds are not
  1 47 appropriated to pay debt service on such bonds when
  1 48 due, the issuing agency shall pay such debt service
  1 49 from any available source as provided in the bond
  1 50 covenants for such bonds."
  2  1    #4.  Page 14, by inserting after line 12 the
  2  2 following:
  2  3    "Sec.    .  DUPLICATIVE POSITIONS – VACANT
  2  4 POSITIONS – EDUCATIONAL ASSISTANCE.
  2  5    1.  It is the intent of the general assembly that
  2  6 in implementing the provisions of 2002 Iowa Acts,
  2  7 Second Extraordinary Session, Senate File 2334,
  2  8 section 13, subsection 2, if enacted, the department
  2  9 of personnel shall focus on duplicative job functions
  2 10 in the agencies of the executive branch of state
  2 11 government other than those institutions under the
  2 12 control of the state board of regents.  For the
  2 13 institutions under the state board of regents, the
  2 14 state board of regents shall perform the duties
  2 15 required of the department of personnel and shall
  2 16 report to the oversight committee of the legislative
  2 17 council in accordance with 2002 Iowa Acts, Second
  2 18 Extraordinary Session, Senate File 2334, section 13,
  2 19 subsection 2.
  2 20    2.  In implementing the requirements of 2002 Iowa
  2 21 Acts, Second Extraordinary Session, Senate File 2334,
  2 22 section 214, if enacted, relating to vacant positions,
  2 23 the department of management shall address table of
  2 24 organization changes other than those relating to the
  2 25 institutions under the control of the state board of
  2 26 regents.  Table of organization changes relating to
  2 27 the institutions under the control of the state board
  2 28 of regents shall be implemented by the state board of
  2 29 regents.
  2 30    3.  In implementing the requirements of 2002 Iowa
  2 31 Acts, Second Extraordinary Session, Senate File 2334,
  2 32 section 215, if enacted, relating to educational
  2 33 assistance, the department of management shall ensure
  2 34 compliance for executive branch agencies other than
  2 35 those involving the institutions under the control of
  2 36 the state board of regents.  Implementation of a
  2 37 restriction on subsidy or reimbursement for a class or
  2 38 other course of study leading to an advanced degree
  2 39 for an employee of an institution under the control of
  2 40 the state board of regents shall be as determined by
  2 41 the state board of regents."
  2 42    #5.  Page 15, by inserting after line 23 the
  2 43 following:
  2 44    "Sec.    .  2002 Iowa Acts, Second Extraordinary
  2 45 Session, Senate File 2334, section 221, if enacted, is
  2 46 amended to read as follows:
  2 47    SEC. 221.  IMPLEMENTATION OF FURLOUGHS.  Furloughs
  2 48 It is the intent of the general assembly that
  2 49 furloughs implemented pursuant to this division shall
  2 50 not be implemented in a manner which results in more
  3  1 than 25 percent of the workforce within an agency
  3  2 division being on furlough at the same time.  However,
  3  3 if implementation of this section would conflict with
  3  4 existing law or a collective bargaining agreement, the
  3  5 agency shall take every step possible to minimize the
  3  6 impact on the agency's customers and the public.  The
  3  7 agency shall work with representatives of affected
  3  8 businesses to develop a plan for meeting the
  3  9 businesses' needs during a furlough period and when
  3 10 other funding reductions are implemented.
  3 11    Sec.    .  2002 Iowa Acts, House File 2614, section
  3 12 2, unnumbered paragraph 2, as amended by 2002 Iowa
  3 13 Acts, Second Extraordinary Session, Senate File 2334,
  3 14 section 226, if enacted, is amended to read as
  3 15 follows:
  3 16    For allocation by the state board of regents to the
  3 17 state university of Iowa, the Iowa state university of
  3 18 science and technology, and the university of northern
  3 19 Iowa to reimburse the institutions for deficiencies in
  3 20 their operating funds resulting from the pledging of
  3 21 tuitions, student fees and charges, and institutional
  3 22 income to finance the cost of providing academic and
  3 23 administrative buildings and facilities and utility
  3 24 services at the institutions, notwithstanding section
  3 25 12E.12, subsection 1, paragraph "b", subparagraph (1):  
  3 26 .................................................. $  9,127,635
  3 27                                                      10,503,733
  3 28    Sec.    .  MEDICAL ASSISTANCE REDUCTION.  The
  3 29 appropriation made in 2002 Iowa Acts, Second
  3 30 Extraordinary Session, Senate File 2334, from the
  3 31 general fund of the state for medical assistance
  3 32 reimbursement and associated costs for the fiscal year
  3 33 beginning July 1, 2002, and ending June 30, 2003, is
  3 34 reduced by the following amount:  
  3 35 .................................................. $  3,700,000"
  3 36    #6.  Page 15, by striking lines 24 through 27 and
  3 37 inserting the following:
  3 38    "Sec.    .  EFFECTIVE DATE.  This division of this
  3 39 Act takes effect July 1, 2002, except for the
  3 40 provision of this division amending 2001 Iowa Acts,
  3 41 chapter 188, section 13, relating to tourism
  3 42 operations, which, being deemed of immediate
  3 43 importance, takes effect upon enactment."
  3 44    #7.  Page 19, by inserting after line 6 the
  3 45 following:  
  3 46                        "DIVISION     
  3 47   SICK LEAVE AND VACATION INCENTIVE PROGRAM EXTENSION
  3 48    Sec.    .  SICK LEAVE AND VACATION INCENTIVE
  3 49 PROGRAM – FISCAL YEAR 2002-2003.
  3 50    1.  As used in this section, unless the context
  4  1 provides otherwise:
  4  2    a.  "Credited service" means service under the Iowa
  4  3 public employees' retirement system, as service is
  4  4 defined in section 97B.1A, and membership service
  4  5 under the public safety peace officers' retirement,
  4  6 accident, and disability system, as defined in section
  4  7 97A.1.
  4  8    b.  "Eligible employee" means an employee for
  4  9 which, but for participation in the program, the sum
  4 10 of the number of years of credited service and the
  4 11 employee's age in years as of December 31, 2003,
  4 12 equals or exceeds seventy-five.
  4 13    c.  "Employee" means an employee of the executive
  4 14 branch of the state who is not covered by a collective
  4 15 bargaining agreement, including an employee of a
  4 16 judicial district department of correctional services
  4 17 if the district elects to participate in the program,
  4 18 an employee of the state board of regents if the board
  4 19 elects to participate in the program, an employee of
  4 20 the judicial branch if the judicial branch elects to
  4 21 participate in the program, and an employee of the
  4 22 department of justice.  However, "employee" does not
  4 23 mean an elected official.
  4 24    d.  "Participant" means a person who timely submits
  4 25 an election to participate, and does participate, in
  4 26 the sick leave and vacation incentive program
  4 27 established under this section.
  4 28    e.  "Program" means the sick leave and vacation
  4 29 incentive program established under this section.
  4 30    f.  "Regular annual salary" means an amount equal
  4 31 to the eligible employee's regular biweekly rate of
  4 32 pay as of the date of separation from employment
  4 33 multiplied by twenty-six.
  4 34    g.  "Sick leave and vacation incentive benefit"
  4 35 means an amount equal to the entire value of an
  4 36 eligible employee's accumulated but unused vacation
  4 37 plus the lesser of the entire value of the eligible
  4 38 employee's accumulated and unused sick leave or the
  4 39 employee's regular annual salary.
  4 40    2.  To become a participant in the program, an
  4 41 eligible employee shall do all of the following:
  4 42    a.  Submit by August 14, 2002, a written
  4 43 application, on forms prescribed by the department of
  4 44 personnel, seeking participation in the program.
  4 45    b.  Agree to waive any and all rights to receive
  4 46 payments of sick leave balances under section 70A.23
  4 47 and accrued vacation balances in a form other than as
  4 48 provided in this section.
  4 49    c.  Agree to waive all rights to file suit against
  4 50 the state of Iowa, including all of its departments,
  5  1 agencies, and other subdivisions, based on state or
  5  2 federal claims arising out of the employment
  5  3 relationship.
  5  4    d.  Acknowledge, in writing, that participation in
  5  5 the program waives any right to accept permanent part-
  5  6 time or permanent full-time employment with the state
  5  7 other than as an elected official on or after August
  5  8 15, 2002.
  5  9    e.  Agree to separate from employment with the
  5 10 state by August 15, 2002.
  5 11    3.  Upon acceptance to participate in the program
  5 12 and separation from employment with the state by
  5 13 August 15, 2002, a participant shall receive a sick
  5 14 leave and vacation incentive benefit.  The state shall
  5 15 pay to the participant a portion of the sick leave and
  5 16 vacation incentive benefit each fiscal year for a
  5 17 period of five years commencing with the fiscal year
  5 18 ending June 30, 2003.
  5 19    4.  The department of personnel shall administer
  5 20 the program, including the determination of
  5 21 eligibility for participation in the program, and
  5 22 shall adopt administrative rules to administer the
  5 23 program.  The department may adopt rules on an
  5 24 emergency basis under section 17A.4, subsection 2, and
  5 25 section 17A.5, subsection 2, paragraph "b", to
  5 26 implement this section and the rules shall be
  5 27 effective immediately upon filing unless a later date
  5 28 is specified in the rules.
  5 29    5.  The legislative council shall provide an
  5 30 incentive program for employees of the legislative
  5 31 branch consistent with the program provided in this
  5 32 section for executive branch employees.  The
  5 33 legislative council shall collaborate with the
  5 34 department of personnel to establish the program as
  5 35 required under this subsection.  The program provided
  5 36 pursuant to this subsection shall establish the same
  5 37 time guidelines and benefit calculations as provided
  5 38 under the program for executive branch employees.
  5 39    Sec.    .  EARLY TERMINATION PROGRAMS –
  5 40 MISCELLANEOUS PROVISIONS.
  5 41    1.  DEFINITIONS.  For purposes of this section,
  5 42 unless the context otherwise requires:
  5 43    a.  "Early termination participant" means an
  5 44 eligible state employee who participates in an early
  5 45 termination program.
  5 46    b.  "Early termination program" means a sick leave
  5 47 and vacation incentive program as established or
  5 48 required in this Act and the similar early termination
  5 49 program established for state employees as established
  5 50 pursuant to a collective bargaining agreement entered
  6  1 into pursuant to chapter 20.
  6  2    2.  GROUP INSURANCE ELIGIBILITY.  An early
  6  3 termination participant shall be eligible to continue
  6  4 participation in the group plan or under the group
  6  5 contract at the early termination participant's own
  6  6 expense in the same manner as a retired employee
  6  7 pursuant to section 509A.13.  In addition, an early
  6  8 termination participant shall be deemed an eligible
  6  9 retired state employee for purposes of eligibility for
  6 10 continuation of group insurance covering spouses as
  6 11 provided in section 509A.13A.
  6 12    3.  RELEASE OF RECORDS.  Notwithstanding any
  6 13 provision of chapter 22 or section 97B.17 to the
  6 14 contrary, records of the department of personnel
  6 15 maintained for the operation of the Iowa public
  6 16 employees' retirement system may be released to the
  6 17 directors, agents, and employees of the legislative
  6 18 fiscal bureau, the department of revenue and finance,
  6 19 the department of management, and the department of
  6 20 personnel, for the purposes of administering and
  6 21 monitoring an early termination program.  A person
  6 22 receiving a record pursuant to this subsection shall
  6 23 maintain the confidentiality of any information
  6 24 otherwise required to be kept confidential and shall
  6 25 be subject to the same penalties as the custodian of
  6 26 the records for the public dissemination of such
  6 27 information.  The authority to request a record as
  6 28 provided pursuant to this subsection shall cease June
  6 29 30, 2003.
  6 30    4.  REPORTING REQUIREMENTS.  The department of
  6 31 personnel, in collaboration with the department of
  6 32 management, shall present a report by October 1, 2002,
  6 33 concerning the operation of early termination programs
  6 34 as provided in this Act.  The reports shall be
  6 35 submitted in conjunction with the reports required to
  6 36 be submitted by the department of personnel pursuant
  6 37 to 2001 Iowa Acts, Second Extraordinary Session,
  6 38 chapter 5, section 4.  The department shall also
  6 39 submit an annual update concerning early termination
  6 40 programs as provided in this Act by October 1 of each
  6 41 year for four years, commencing October 1, 2003.  The
  6 42 reports shall include information concerning the
  6 43 number of early termination program participants, the
  6 44 cost of the early termination program including any
  6 45 payments made to participants, the number of state
  6 46 employment positions eliminated pursuant to an early
  6 47 termination program, the number of positions vacated
  6 48 by an early termination program participant that have
  6 49 been refilled, and the savings to the state based upon
  6 50 the early termination program.
  7  1    5.  SAVINGS.  a.  For an executive branch position
  7  2 vacated by an early termination participant pursuant
  7  3 to an early termination program, the savings from that
  7  4 termination, as determined by the department of
  7  5 management, shall offset amounts that would otherwise
  7  6 be reduced from the appropriation to the executive
  7  7 branch department or establishment that employed the
  7  8 participant due to the implementation of a furlough
  7  9 program.  The moneys saved by the department or
  7 10 establishment due to the termination would then be
  7 11 used by the department or establishment to reduce or
  7 12 end the furlough program as it would otherwise apply
  7 13 to the employees of that department or establishment,
  7 14 to the extent of the savings.  If savings in excess of
  7 15 the amounts reduced by the department of management
  7 16 for the applicable executive branch department or
  7 17 establishment are received, and the furlough program
  7 18 for that department or establishment ceases, those
  7 19 moneys shall not revert to the general fund but shall
  7 20 be transferred to the applicable executive branch
  7 21 department or establishment for personnel costs which
  7 22 shall not be expended for personnel costs without
  7 23 prior approval of the department of management.
  7 24    b.  For a judicial or legislative branch position
  7 25 vacated by an early termination participant pursuant
  7 26 to an early termination program, the savings from that
  7 27 termination, as determined by the judicial or
  7 28 legislative branch as applicable, shall offset amounts
  7 29 that would otherwise be reduced from the appropriation
  7 30 to the legislative or judicial branch that employed
  7 31 the participant due to the implementation of a
  7 32 furlough program.  The moneys saved by the legislative
  7 33 or executive branch due to the termination would then
  7 34 be used by the department or establishment to reduce
  7 35 or end the furlough program as it would otherwise
  7 36 apply to the employees of that branch, to the extent
  7 37 of the savings.
  7 38    6.  ACROSS-THE-BOARD WAGE INCREASE DELAY.  If an
  7 39 employee organization representing state employees
  7 40 agrees to an across-the-board wage increase delay as
  7 41 provided in this subsection and to participate in an
  7 42 early termination program as provided in this Act,
  7 43 then any across-the-board wage increases for employees
  7 44 of the same state employer, who are not covered by a
  7 45 collective bargaining agreement, which would otherwise
  7 46 take effect at the beginning of the pay period in
  7 47 which July 1, 2002, falls, shall be delayed until the
  7 48 pay period in which November 1, 2002, falls."
  7 49    #8.  By renumbering as necessary.  
  7 50 
  8  1 
  8  2                               
  8  3 JEFF LAMBERTI 
  8  4 SF 2333.301 79
  8  5 jp/cf
     

Text: S05517                            Text: S05519
Text: S05500 - S05599                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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