House Amendment 8425


PAG LIN




     1  1    Amend Senate File 2193, as passed by the Senate, as
     1  2 follows:
     1  3 #1.  Page 1, by inserting before line 1 the
     1  4 following:
     1  5    <Section 1.  Section 7J.1, subsection 2, paragraph
     1  6 c, Code 2007, is amended to read as follows:
     1  7    c.  Notwithstanding any provision of law to the
     1  8 contrary, the governor may set the salary of a
     1  9 director of a charter agency under the pay plan for
     1 10 exempt positions in the executive branch of
     1 11 government.  In addition However, the governor may
     1 12 shall not authorize the payment of a bonus to a
     1 13 director of a charter agency in an amount not in
     1 14 excess of fifty percent of the director's annual rate
     1 15 of pay, based upon the governor's evaluation of the
     1 16 director's performance in relation to the goals set
     1 17 forth in the annual performance agreement.
     1 18    Sec.    .  Section 7J.1, subsection 2, paragraph d,
     1 19 Code 2007, is amended by striking the paragraph.
     1 20    Sec.    .  Section 8F.3, subsection 1, Code
     1 21 Supplement 2007, is amended by adding the following
     1 22 new paragraph:
     1 23    NEW PARAGRAPH.  e.  Information that the recipient
     1 24 entity's policies prohibit the use of any of the
     1 25 moneys received pursuant to a service contract to
     1 26 provide bonuses to officers or employees of the
     1 27 recipient entity.>
     1 28 #2.  Page 2, by inserting after line 8 the
     1 29 following:
     1 30    <Sec.    .  NEW SECTION.  68B.24A  BONUSES ==
     1 31 BANNED.
     1 32    Unless otherwise authorized by law or required
     1 33 pursuant to a collective bargaining agreement, an
     1 34 appointed state officer or a state employee shall not
     1 35 receive, in addition to a salary, any remuneration in
     1 36 the form of a bonus, including but not limited to a
     1 37 retention bonus, recruitment bonus, exceptional job
     1 38 performance pay, extraordinary duty pay, or
     1 39 extraordinary or special duty pay, for or during the
     1 40 time period beginning on or after the effective date
     1 41 of this Act.
     1 42    Sec.    .  Section 68B.25, Code 2007, is amended to
     1 43 read as follows:
     1 44    68B.25  ADDITIONAL PENALTY.
     1 45    In addition to any penalty contained in any other
     1 46 provision of law, a person who knowingly and
     1 47 intentionally violates a provision of sections 68B.2A
     1 48 through 68B.7, sections 68B.22 through 68B.24 68B.24A,
     1 49 or sections 68B.35 through 68B.38 is guilty of a
     1 50 serious misdemeanor and may be reprimanded, suspended,
     2  1 or dismissed from the person's position or otherwise
     2  2 sanctioned.
     2  3    Sec.    .  Section 70A.1, subsection 1, Code 2007,
     2  4 is amended to read as follows:
     2  5    1.  Salaries specifically provided for in an
     2  6 appropriation Act of the general assembly shall be in
     2  7 lieu of existing statutory salaries, for the positions
     2  8 provided for in the Act, and all salaries, including
     2  9 longevity where applicable by express provision in the
     2 10 Code, shall be paid according to the provisions of
     2 11 chapter 91A and shall be in full compensation of all
     2 12 services, including any service on committees, boards,
     2 13 commissions or similar duty for Iowa government,
     2 14 except for members of the general assembly.  A state
     2 15 employee on an annual salary shall not be paid for a
     2 16 pay period an amount which exceeds the employee's
     2 17 annual salary transposed into a rate applicable to the
     2 18 pay period by dividing the annual salary by the number
     2 19 of pay periods in the fiscal year.  Salaries for state
     2 20 employees covered by the overtime payment provisions
     2 21 of the federal Fair Labor Standards Act shall be
     2 22 established on an hourly basis.  In addition, unless
     2 23 otherwise authorized by law or required pursuant to a
     2 24 collective bargaining agreement, a state employee
     2 25 shall not, in addition to a salary, receive any
     2 26 remuneration in the form of a bonus, including but not
     2 27 limited to a retention bonus, recruitment bonus,
     2 28 exceptional job performance pay, extraordinary duty
     2 29 pay, or extraordinary or special duty pay, for or
     2 30 during the time period beginning on or after the
     2 31 effective date of this Act.
     2 32    Sec.    .  APPOINTED STATE OFFICERS.  The governor
     2 33 shall establish a salary for appointed nonelected
     2 34 persons in the executive branch of state government
     2 35 holding a position authorized by a law that addresses
     2 36 the salary ranges of state officers within the range
     2 37 provided, by considering, among other items, the
     2 38 experience of the individual in the position, changes
     2 39 in the duties of the position, the incumbent's
     2 40 performance of assigned duties, and subordinates'
     2 41 salaries.  However, the attorney general shall
     2 42 establish the salary for the consumer advocate, the
     2 43 chief justice of the supreme court shall establish the
     2 44 salary for the state court administrator, the ethics
     2 45 and campaign disclosure board shall establish the
     2 46 salary of the executive director, the Iowa public
     2 47 broadcasting board shall establish the salary of the
     2 48 administrator of the public broadcasting division of
     2 49 the department of education, and the state fair board
     2 50 shall establish the salary of the secretary of the
     3  1 state fair board, each within the salary range
     3  2 authorized by a law that addresses the salary ranges
     3  3 of state officers.
     3  4    The governor, in establishing salaries as
     3  5 authorized by a law that addresses the salary ranges
     3  6 of state officers, shall take into consideration other
     3  7 employee benefits which may be provided for an
     3  8 individual including but not limited to housing.
     3  9    A person whose salary is established pursuant to a
     3 10 law that addresses the salary ranges of state officers
     3 11 and who is a full=time, year=round employee of the
     3 12 state shall not receive any other remuneration from
     3 13 the state or from any other source for the performance
     3 14 of that person's duties.  However, this provision does
     3 15 not exclude the reimbursement for necessary travel and
     3 16 expenses incurred in the performance of duties or
     3 17 fringe benefits normally provided to employees of the
     3 18 state.>
     3 19 #3.  Title page, line 2, by inserting after the
     3 20 word <gifts> the following:  <and bonuses>.
     3 21 #4.  Title page, line 3, by inserting after the
     3 22 word <employees> the following:  <and bonuses awarded
     3 23 to employees of entities receiving government funds
     3 24 pursuant to a service contract with the state>.
     3 25 #5.  By renumbering as necessary.
     3 26
     3 27
     3 28                               
     3 29 BAUDLER of Adair
     3 30 SF 2193.301 82
     3 31 av/rj/11475

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