Text: S05250                            Text: S05252
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5251

Amendment Text

PAG LIN
  1  1    Amend the amendment, S-5240, to House File 2447 as
  1  2 follows:
  1  3    #1.  Page 1, by striking lines 1 and 2, and
  1  4 inserting the following:
  1  5    "Amend House File 2447, as passed by the House, as
  1  6 follows:"
  1  7    #2.  Page 1, by inserting after line 4 the
  1  8 following:
  1  9    "Sec.    .  Section 10A.601, subsections 1 and 7,
  1 10 Code Supplement 2003, are amended to read as follows:
  1 11    1.  A full-time employment appeal board is created
  1 12 within the department of inspections and appeals to
  1 13 hear and decide contested cases under chapter 8A,
  1 14 subchapter IV, and chapters 80, 88, 89A, 91C, 96, and
  1 15 97B.
  1 16    7.  An application for rehearing before the appeal
  1 17 board shall be filed pursuant to section 17A.16,
  1 18 unless otherwise provided in chapter 8A, subchapter
  1 19 IV, or chapter 80, 88, 89A, 91C, 96, or 97B.  A
  1 20 petition for judicial review of a decision of the
  1 21 appeal board shall be filed pursuant to section
  1 22 17A.19.  The appeal board may be represented in any
  1 23 such judicial review by an attorney who is a regular
  1 24 salaried employee of the appeal board or who has been
  1 25 designated by the appeal board for that purpose, or at
  1 26 the appeal board's request, by the attorney general.
  1 27 Notwithstanding the petitioner's residency requirement
  1 28 in section 17A.19, subsection 2, a petition for
  1 29 judicial review may be filed in the district court of
  1 30 the county in which the petitioner was last employed
  1 31 or resides, provided that if the petitioner does not
  1 32 reside in this state, the action shall be brought in
  1 33 the district court of Polk county, Iowa, and any other
  1 34 party to the proceeding before the appeal board shall
  1 35 be named in the petition.  Notwithstanding the thirty-
  1 36 day requirement in section 17A.19, subsection 6, the
  1 37 appeal board shall, within sixty days after filing of
  1 38 the petition for judicial review or within a longer
  1 39 period of time allowed by the court, transmit to the
  1 40 reviewing court the original or a certified copy of
  1 41 the entire records of a contested case.  The appeal
  1 42 board may also certify to the court, questions of law
  1 43 involved in any decision by the appeal board.
  1 44 Petitions for judicial review and the questions so
  1 45 certified shall be given precedence over all other
  1 46 civil cases except cases arising under the workers'
  1 47 compensation law of this state.  No bond shall be
  1 48 required for entering an appeal from any final order,
  1 49 judgment, or decree of the district court to the
  1 50 supreme court."
  2  1    #3.  Page 1, line 41, by inserting before the word
  2  2 "A" the following:  "1."
  2  3    #4.  Page 2, by inserting after line 3 the
  2  4 following:
  2  5    "2.  This section is repealed effective July 1,
  2  6 2012."
  2  7    #5.  By striking page 3, line 50 through page 4,
  2  8 line 1.
  2  9    #6.  Page 8, line 37, by inserting before the word
  2 10 "A" the following:  "1."
  2 11    #7.  Page 9, by inserting after line 2 the
  2 12 following:
  2 13    "2.  This section is repealed effective July 1,
  2 14 2012."
  2 15    #8.  Page 9, by striking lines 3 and 4.
  2 16    #9.  By renumbering as necessary.  
  2 17 
  2 18 
  2 19                               
  2 20 DICK L. DEARDEN
  2 21 
  2 22 
  2 23                               
  2 24 BOB BRUNKHORST
  2 25 HF 2447.505 80
  2 26 kh/pj
     

Text: S05250                            Text: S05252
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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