Senate
File
2187
-
Introduced
SENATE
FILE
2187
BY
CHELGREN
A
BILL
FOR
An
Act
eliminating
public
employee
collective
bargaining
and
1
including
effective
date,
applicability,
and
transition
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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DIVISION
I
1
PUBLIC
EMPLOYEE
COLLECTIVE
BARGAINING
REPEAL.
2
Section
1.
Section
1C.2,
subsections
2
and
3,
Code
2011,
are
3
amended
to
read
as
follows:
4
2.
a.
State
employees
are
granted
two
days
of
paid
leave
5
each
year
to
be
added
to
the
vacation
allowance
and
accrued
6
under
the
provisions
of
section
70A.1
.
In
addition,
an
7
appointing
authority
shall
grant
not
more
than
four
additional
8
days
of
paid
leave
each
year
as
required
to
implement
contract
9
provisions
negotiated
pursuant
to
chapter
20
.
10
b.
The
executive
council
may
designate
days
off
from
11
employment
with
pay
in
addition
to
those
enumerated
in
this
12
section
for
state
employees
at
its
discretion.
13
3.
If
a
holiday
enumerated
in
this
section
falls
on
14
Saturday,
the
preceding
Friday
shall
be
granted
and
if
a
15
holiday
enumerated
in
this
section
falls
on
Sunday,
the
16
following
Monday
shall
be
granted.
In
those
cases,
where
by
17
nature
of
the
employment
a
state
employee
must
be
required
to
18
work
on
a
holiday
the
provisions
of
subsection
1
shall
not
19
apply,
however,
compensation
shall
be
made
on
the
basis
of
the
20
employee’s
straight
time
hourly
rate
for
a
forty-hour
workweek
21
and
shall
be
made
in
either
compensatory
time
off
or
cash
22
payment,
at
the
discretion
of
the
appointing
authority
unless
23
otherwise
provided
for
in
a
collective
bargaining
agreement
.
24
Notwithstanding
any
other
provision
of
this
section
,
an
25
employee
of
the
state
who
does
not
accrue
sick
leave
or
26
vacation,
and
who
works
on
a
holiday,
shall
receive
regular
pay
27
for
the
hours
worked
on
that
holiday
and
shall
not
otherwise
28
earn
holiday
compensatory
pay.
29
Sec.
2.
Section
2.10,
subsection
8,
Code
2011,
is
amended
by
30
striking
the
subsection.
31
Sec.
3.
Section
2.40,
subsection
1,
paragraphs
a
and
d,
Code
32
2011,
are
amended
to
read
as
follows:
33
a.
A
member
of
the
general
assembly
may
elect
to
become
a
34
member
of
a
state
group
insurance
plan
for
employees
of
the
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state
established
under
chapter
509A
subject
to
the
following
1
conditions:
2
(1)
The
member
shall
be
eligible
for
all
state
group
3
insurance
plans
on
the
basis
of
enrollment
rules
established
4
for
full-time
state
employees
excluded
from
collective
5
bargaining
as
provided
in
chapter
20
.
6
(2)
The
member
shall
pay
the
premium
for
the
plan
selected
7
on
the
same
basis
as
a
full-time
state
employee
excluded
from
8
collective
bargaining
as
provided
in
chapter
20
.
9
(3)
The
member
shall
authorize
a
payroll
deduction
of
10
the
premium
due
according
to
the
member’s
pay
plan
selected
11
pursuant
to
section
2.10,
subsection
4
.
12
(4)
The
premium
rate
shall
be
the
same
as
the
premium
rate
13
paid
by
a
state
employee
for
the
plan
selected.
14
d.
A
member
of
the
general
assembly
who
elects
to
become
15
a
member
of
a
state
health
or
medical
group
insurance
plan
16
shall
be
exempted
from
preexisting
medical
condition
waiting
17
periods.
A
member
of
the
general
assembly
may
change
programs
18
or
coverage
under
the
state
health
or
medical
service
group
19
insurance
plan
during
the
month
of
January
of
odd-numbered
20
years,
but
program
and
coverage
change
selections
shall
be
21
subject
to
the
enrollment
rules
established
for
full-time
state
22
employees
excluded
from
collective
bargaining
as
provided
in
23
chapter
20
.
24
Sec.
4.
Section
2.40,
subsection
2,
paragraphs
a
and
e,
Code
25
2011,
are
amended
to
read
as
follows:
26
a.
The
part-time
employee
shall
be
eligible
for
all
27
state
group
insurance
plans
on
the
basis
of
enrollment
rules
28
established
for
full-time
state
employees
excluded
from
29
collective
bargaining
as
provided
in
chapter
20
and
shall
have
30
the
same
rights
to
change
programs
or
coverage
as
are
afforded
31
such
state
employees.
32
e.
A
member
of
a
state
group
insurance
plan
pursuant
to
this
33
subsection
shall
have
the
same
rights
upon
final
termination
of
34
employment
as
a
part-time
employee
as
are
afforded
full-time
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state
employees
excluded
from
collective
bargaining
as
provided
1
in
chapter
20
.
2
Sec.
5.
Section
2C.11A,
Code
2011,
is
amended
to
read
as
3
follows:
4
2C.11A
Subjects
for
investigations
——
disclosures
of
5
information.
6
The
office
of
citizens’
aide
shall
investigate
a
complaint
7
filed
by
an
employee
who
is
not
a
merit
system
employee
or
8
an
employee
covered
by
a
collective
bargaining
agreement
and
9
who
alleges
that
adverse
employment
action
has
been
taken
10
against
the
employee
in
violation
of
section
70A.28,
subsection
11
2
.
A
complaint
filed
pursuant
to
this
section
shall
be
made
12
within
thirty
calendar
days
following
the
effective
date
of
13
the
adverse
employment
action.
The
citizens’
aide
shall
14
investigate
the
matter
and
shall
issue
findings
relative
to
the
15
complaint
in
an
expeditious
manner.
16
Sec.
6.
Section
8.56,
subsection
3,
Code
2011,
is
amended
17
to
read
as
follows:
18
3.
The
moneys
in
the
cash
reserve
fund
shall
only
be
used
19
pursuant
to
an
appropriation
made
by
the
general
assembly.
An
20
appropriation
shall
be
made
in
accordance
with
subsection
4
21
only
for
the
fiscal
year
in
which
the
appropriation
is
made.
22
The
moneys
shall
only
be
appropriated
by
the
general
assembly
23
for
nonrecurring
emergency
expenditures
and
shall
not
be
24
appropriated
for
payment
of
any
collective
bargaining
agreement
25
or
arbitrator’s
decision
negotiated
or
awarded
under
chapter
26
20
.
Except
as
provided
in
section
8.58
,
the
cash
reserve
fund
27
shall
be
considered
a
special
account
for
the
purposes
of
28
section
8.53
in
determining
the
cash
position
of
the
general
29
fund
of
the
state
for
the
payment
of
state
obligations.
30
Sec.
7.
Section
8.58,
Code
Supplement
2011,
is
amended
to
31
read
as
follows:
32
8.58
Exemption
from
automatic
application.
33
1.
To
the
extent
that
moneys
appropriated
under
section
34
8.57
do
not
result
in
moneys
being
credited
to
the
general
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fund
under
section
8.55,
subsection
2
,
moneys
appropriated
1
under
section
8.57
and
moneys
contained
in
the
cash
reserve
2
fund,
rebuild
Iowa
infrastructure
fund,
environment
first
3
fund,
Iowa
economic
emergency
fund,
and
taxpayers
trust
fund
4
shall
not
be
considered
in
the
application
of
any
formula,
5
index,
or
other
statutory
triggering
mechanism
which
would
6
affect
appropriations,
payments,
or
taxation
rates,
contrary
7
provisions
of
the
Code
notwithstanding.
8
2.
To
the
extent
that
moneys
appropriated
under
section
9
8.57
do
not
result
in
moneys
being
credited
to
the
general
fund
10
under
section
8.55,
subsection
2
,
moneys
appropriated
under
11
section
8.57
and
moneys
contained
in
the
cash
reserve
fund,
12
rebuild
Iowa
infrastructure
fund,
environment
first
fund,
Iowa
13
economic
emergency
fund,
and
taxpayers
trust
fund
shall
not
be
14
considered
by
an
arbitrator
or
in
negotiations
under
chapter
15
20
.
16
Sec.
8.
Section
8A.402,
subsection
1,
paragraph
g,
Code
17
2011,
is
amended
by
striking
the
paragraph.
18
Sec.
9.
Section
8A.402,
subsection
2,
paragraph
g,
19
subparagraph
(1),
subparagraph
division
(b),
Code
2011,
is
20
amended
to
read
as
follows:
21
(b)
For
the
purposes
of
this
paragraph
“g”
,
“supervisory
22
employee”
means
a
public
employee
who
is
not
a
member
of
a
23
collective
bargaining
unit
and
who
has
authority,
in
the
24
interest
of
a
public
employer,
to
hire,
transfer,
suspend,
lay
25
off,
recall,
promote,
discharge,
assign,
reward,
or
discipline
26
other
public
employees,
to
direct
such
public
employees,
or
27
to
adjust
the
grievances
of
such
public
employees,
or
to
28
effectively
recommend
any
such
action.
29
Sec.
10.
Section
8A.411,
Code
2011,
is
amended
to
read
as
30
follows:
31
8A.411
Merit
system
established
——
collective
bargaining
——
32
applicability.
33
1.
The
general
purpose
of
this
subchapter
is
to
establish
34
for
the
state
of
Iowa
a
system
of
human
resource
administration
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based
on
merit
principles
and
scientific
methods
to
govern
the
1
appointment,
compensation,
promotion,
welfare,
development,
2
transfer,
layoff,
removal,
and
discipline
of
its
civil
3
employees,
and
other
incidents
of
state
employment.
4
2.
It
is
also
the
purpose
of
this
subchapter
to
promote
the
5
coordination
of
personnel
rules
and
policies
with
collective
6
bargaining
agreements
negotiated
under
chapter
20
.
7
3.
2.
All
appointments
and
promotions
to
positions
covered
8
by
the
state
merit
system
shall
be
made
solely
on
the
basis
of
9
merit
and
fitness,
to
be
ascertained
by
examinations
or
other
10
appropriate
screening
methods,
except
as
otherwise
specified
11
in
this
subchapter
.
12
4.
3.
Provisions
of
this
subchapter
pertaining
to
13
qualifications,
examination,
certification,
probation,
and
just
14
cause
apply
only
to
employees
covered
by
the
merit
system.
15
Sec.
11.
Section
8A.413,
unnumbered
paragraph
1,
Code
2011,
16
is
amended
to
read
as
follows:
17
The
department
shall
adopt
rules
for
the
administration
of
18
this
subchapter
pursuant
to
chapter
17A
.
Rulemaking
shall
19
be
carried
out
with
due
regard
to
the
terms
of
collective
20
bargaining
agreements.
A
rule
shall
not
supersede
a
provision
21
of
a
collective
bargaining
agreement
negotiated
under
chapter
22
20
.
Notwithstanding
any
provisions
to
the
contrary,
a
rule
23
or
regulation
shall
not
be
adopted
by
the
department
which
24
would
deprive
the
state
of
Iowa,
or
any
of
its
agencies
or
25
institutions,
of
federal
grants
or
other
forms
of
financial
26
assistance.
The
rules
shall
provide:
27
Sec.
12.
Section
8A.413,
subsections
3,
13,
16,
19,
and
20,
28
Code
2011,
are
amended
to
read
as
follows:
29
3.
For
pay
plans
covering
all
employees
in
the
executive
30
branch,
excluding
employees
of
the
state
board
of
regents,
31
after
consultation
with
the
governor
and
appointing
32
authorities
,
and
consistent
with
the
terms
of
collective
33
bargaining
agreements
negotiated
under
chapter
20
.
34
13.
For
transfer
from
a
position
in
one
state
agency
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to
a
similar
position
in
the
same
state
agency
or
another
1
state
agency
involving
similar
qualifications,
duties,
2
responsibilities,
and
salary
ranges.
Whenever
an
employee
3
transfers
or
is
transferred
from
one
state
agency
to
another
4
state
agency,
the
employee’s
seniority
rights,
any
accumulated
5
sick
leave,
and
accumulated
vacation
time,
as
provided
in
6
the
law,
shall
be
transferred
to
the
new
place
of
employment
7
and
credited
to
the
employee.
Employees
who
are
subject
to
8
contracts
negotiated
under
chapter
20
which
include
transfer
9
provisions
shall
be
governed
by
the
contract
provisions.
10
16.
For
layoffs
by
reason
of
lack
of
funds
or
work,
or
11
reorganization,
and
for
the
recall
of
employees
so
laid
off,
12
giving
consideration
in
layoffs
to
the
employee’s
performance
13
record
and
length
of
service.
An
employee
who
has
been
14
laid
off
may
be
on
a
recall
list
for
one
year,
which
list
15
shall
be
exhausted
by
the
organizational
unit
enforcing
16
the
layoff
before
selection
of
an
employee
may
be
made
from
17
the
promotional
or
nonpromotional
list
in
the
employee’s
18
classification.
Employees
who
are
subject
to
contracts
19
negotiated
under
chapter
20
which
include
layoff
and
recall
20
provisions
shall
be
governed
by
the
contract
provisions.
21
19.
For
establishment
of
a
uniform
plan
for
resolving
22
employee
grievances
and
complaints.
Employees
who
are
23
subject
to
contracts
negotiated
under
chapter
20
which
include
24
grievance
and
complaint
provisions
shall
be
governed
by
the
25
contract
provisions.
26
20.
a.
For
attendance
regulations,
and
special
leaves
of
27
absence,
with
or
without
pay,
or
reduced
pay,
in
the
various
28
classes
of
positions
in
the
executive
branch,
excluding
29
positions
under
the
state
board
of
regents.
30
a.
Employees
who
are
subject
to
contracts
negotiated
under
31
chapter
20
which
include
leave
of
absence
provisions
shall
be
32
governed
by
the
contract
provisions.
33
b.
Annual
sick
leave
and
vacation
time
shall
be
granted
in
34
accordance
with
section
70A.1
.
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Sec.
13.
Section
8A.414,
Code
2011,
is
amended
to
read
as
1
follows:
2
8A.414
Experimental
research
projects.
3
The
director
may
conduct
experimental
or
research
4
personnel-related
projects
of
limited
duration
designed
5
to
improve
the
quality
of
the
employment
system.
The
6
provisions
of
section
8A.413
or
administrative
rules
adopted
7
pursuant
to
that
section
are
waived
for
the
purposes
of
8
such
projects.
Projects
adopted
under
this
authority
shall
9
not
violate
existing
collective
bargaining
agreements.
Any
10
projects
that
relate
to
issues
covered
by
such
agreements
or
11
issues
that
are
mandatory
subjects
of
collective
bargaining
12
are
subject
to
negotiations
as
applicable.
The
director
13
shall
notify
the
chairpersons
of
the
standing
committees
on
14
appropriations
of
the
senate
and
the
house
of
representatives
15
and
the
chairpersons
of
the
appropriate
subcommittees
of
16
those
committees
of
the
proposed
projects.
The
notice
from
17
the
director
shall
include
the
purpose
of
the
project,
a
18
description
of
the
project,
and
how
the
project
will
be
19
evaluated.
Chairpersons
notified
shall
be
given
at
least
two
20
weeks
to
review
and
comment
on
the
proposal
before
the
project
21
is
implemented.
The
director
shall
report
the
results
of
the
22
experimental
research
projects
conducted
in
the
preceding
23
fiscal
year
to
the
legislative
council
by
September
30
of
each
24
year.
25
Sec.
14.
Section
8A.415,
subsection
1,
paragraph
a,
Code
26
2011,
is
amended
to
read
as
follows:
27
a.
An
employee
,
except
an
employee
covered
by
a
collective
28
bargaining
agreement
which
provides
otherwise,
who
has
29
exhausted
the
available
agency
steps
in
the
uniform
grievance
30
procedure
provided
for
in
the
department
rules
may,
within
31
seven
calendar
days
following
the
date
a
decision
was
received
32
or
should
have
been
received
at
the
second
step
of
the
33
grievance
procedure,
file
the
grievance
at
the
third
step
34
with
the
director.
The
director
shall
respond
within
thirty
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calendar
days
following
receipt
of
the
third
step
grievance.
1
Sec.
15.
Section
8A.415,
subsection
2,
paragraph
a,
Code
2
2011,
is
amended
to
read
as
follows:
3
a.
A
merit
system
employee
,
except
an
employee
covered
by
a
4
collective
bargaining
agreement,
who
is
discharged,
suspended,
5
demoted,
or
otherwise
receives
a
reduction
in
pay,
except
6
during
the
employee’s
probationary
period,
may
bypass
steps
one
7
and
two
of
the
grievance
procedure
and
appeal
the
disciplinary
8
action
to
the
director
within
seven
calendar
days
following
9
the
effective
date
of
the
action.
The
director
shall
respond
10
within
thirty
calendar
days
following
receipt
of
the
appeal.
11
Sec.
16.
Section
8A.459,
Code
2011,
is
amended
to
read
as
12
follows:
13
8A.459
State
employee
pay
and
allowances
——
electronic
funds
14
transfer.
15
Effective
July
1,
2011,
notwithstanding
Notwithstanding
any
16
provision
of
law
to
the
contrary,
all
pay
and
allowances
to
17
state
employees
shall
be
paid
via
electronic
funds
transfer
,
18
unless
otherwise
provided
pursuant
to
a
collective
bargaining
19
agreement
.
A
state
employee
may
elect
to
receive
pay
and
20
allowances
as
paper
warrants
in
lieu
of
electronic
funds
21
transfers,
but
the
department
shall
charge
an
administrative
22
fee
for
processing
such
paper
warrants.
However,
the
23
department
may,
for
good
cause
shown,
waive
the
administrative
24
fee.
The
fee
may
be
automatically
deducted
from
the
state
25
employee’s
pay
and
allowances
before
the
warrant
is
issued
to
26
the
state
employee.
27
Sec.
17.
Section
8D.3,
subsection
2,
paragraph
a,
28
subparagraph
(3),
Code
Supplement
2011,
is
amended
to
read
as
29
follows:
30
(3)
The
salary
of
the
members
of
the
commission
shall
be
31
twelve
thousand
dollars
per
year,
except
that
the
salary
of
32
the
chairperson
shall
be
seventeen
thousand
dollars
per
year.
33
Members
of
the
commission
shall
also
be
reimbursed
for
all
34
actual
and
necessary
expenses
incurred
in
the
performance
of
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duties
as
members.
The
benefits
and
salary
paid
to
the
members
1
of
the
commission
shall
may
be
adjusted
annually
equal
to
the
2
average
of
the
annual
pay
adjustments,
expense
reimbursements,
3
and
related
benefits
provided
under
collective
bargaining
4
agreements
negotiated
pursuant
to
chapter
20
.
5
Sec.
18.
Section
13.13,
subsection
2,
Code
2011,
is
amended
6
to
read
as
follows:
7
2.
The
farm
assistance
program
coordinator
shall
contract
8
with
a
nonprofit
organization
chartered
in
this
state
to
9
provide
mediation
services
as
provided
in
chapters
654A
,
654B
,
10
and
654C
.
The
contract
may
be
terminated
by
the
coordinator
11
upon
written
notice
and
for
good
cause.
The
organization
12
awarded
the
contract
is
designated
as
the
farm
mediation
13
service
for
the
duration
of
the
contract.
The
organization
14
may,
upon
approval
by
the
coordinator,
provide
mediation
15
services
other
than
as
provided
by
law.
The
farm
mediation
16
service
is
not
a
state
agency
for
the
purposes
of
chapter
8A,
17
subchapter
IV
,
and
chapters
20
and
chapter
669
.
18
Sec.
19.
Section
13.22,
subsection
6,
Code
2011,
is
amended
19
to
read
as
follows:
20
6.
Cooperate
to
the
fullest
extent
feasible
with
the
21
existing
informational
and
referral
networks
among
farmers,
22
farmer
advocates,
and
others
concerned
with
the
economic
crisis
23
in
agricultural
areas.
The
legal
services
provider
is
not
a
24
state
agency
for
the
purposes
of
chapter
8A,
subchapter
IV
,
and
25
chapters
20
and
chapter
669
.
26
Sec.
20.
Section
13.34,
subsection
4,
Code
2011,
is
amended
27
to
read
as
follows:
28
4.
The
contracting
nonprofit
organization
is
not
a
state
29
agency
for
the
purposes
of
chapter
8A,
subchapter
IV
,
and
30
chapters
20
and
chapter
669
.
31
Sec.
21.
Section
15.106C,
subsection
4,
Code
Supplement
32
2011,
is
amended
to
read
as
follows:
33
4.
The
director
shall
employ
personnel
as
necessary
to
34
carry
out
the
duties
and
responsibilities
of
the
authority.
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For
nonprofessional
employees,
employment
shall
be
consistent
1
with
chapter
8A,
subchapter
IV
.
The
employment
of
professional
2
employees
shall
be
exempt
from
the
provisions
of
chapter
8A,
3
subchapter
IV
,
and
chapter
20
.
4
Sec.
22.
Section
19B.12,
subsection
7,
Code
2011,
is
amended
5
by
striking
the
subsection.
6
Sec.
23.
Section
21.9,
Code
2011,
is
amended
to
read
as
7
follows:
8
21.9
Employment
conditions
discussed.
9
A
meeting
of
a
governmental
body
to
discuss
strategy
in
10
matters
relating
to
employment
conditions
of
employees
of
11
the
governmental
body
who
are
not
covered
by
a
collective
12
bargaining
agreement
under
chapter
20
is
exempt
from
this
13
chapter
.
For
the
purpose
of
this
section
,
“employment
14
conditions”
mean
areas
included
in
the
scope
of
negotiations
15
listed
in
section
20.9
means
wages,
hours,
vacations,
16
insurance,
holidays,
leaves
of
absence,
shift
differentials,
17
overtime
compensation,
supplemental
pay,
seniority,
transfer
18
procedures,
job
classifications,
health
and
safety
matters,
19
evaluation
procedures,
procedures
for
staff
reduction,
and
20
in-service
training
.
21
Sec.
24.
Section
28J.7,
subsection
2,
Code
2011,
is
amended
22
by
striking
the
subsection.
23
Sec.
25.
Section
70A.1,
subsection
4,
Code
2011,
is
amended
24
to
read
as
follows:
25
4.
Effective
July
1,
2006,
permanent
Permanent
full-time
26
and
permanent
part-time
employees
of
state
departments,
boards,
27
agencies,
and
commissions
shall
accrue
sick
leave
as
provided
28
in
this
subsection
which
shall
be
credited
to
the
employee’s
29
sick
leave
account.
The
sick
leave
accrual
rate
for
part-time
30
employees
shall
be
prorated
to
the
accrual
rate
for
full-time
31
employees.
The
sick
leave
accrual
rate
for
each
complete
month
32
of
full-time
employment
,
excluding
employees
covered
under
a
33
collective
bargaining
agreement
which
provides
for
a
different
34
rate
of
accrual,
shall
be
as
follows:
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a.
For
employees
of
the
state
board
of
regents,
one
and
1
one-half
days.
2
b.
For
employees
who
are
peace
officers
employed
within
3
the
department
of
public
safety
or
department
of
natural
4
resources
and
who
are
not
covered
under
a
collective
bargaining
5
agreement,
the
rate
shall
be
the
same
as
the
rate
provided
6
under
the
state
police
officers
council
collective
bargaining
7
agreement.
8
c.
b.
For
all
other
employees,
the
rate
shall
be
as
9
follows:
10
(1)
If
the
employee’s
accrued
sick
leave
balance
is
seven
11
hundred
fifty
hours
or
less,
one
and
one-half
days.
12
(2)
If
the
employee’s
accrued
sick
leave
balance
is
one
13
thousand
five
hundred
hours
or
less
but
more
than
seven
hundred
14
fifty
hours,
one
day.
15
(3)
If
the
employee’s
accrued
sick
leave
balance
is
more
16
than
one
thousand
five
hundred
hours,
one-half
day.
17
Sec.
26.
Section
70A.1,
subsection
7,
Code
2011,
is
amended
18
to
read
as
follows:
19
7.
State
employees,
excluding
state
board
of
regents’
20
faculty
members
with
nine-month
appointments,
and
employees
21
covered
under
a
collective
bargaining
agreement
negotiated
22
with
the
public
safety
bargaining
unit
who
are
eligible
for
23
accrued
vacation
benefits
and
accrued
sick
leave
benefits,
who
24
have
accumulated
thirty
days
of
sick
leave,
and
who
do
not
25
use
sick
leave
during
a
full
month
of
employment
may
elect
to
26
have
up
to
one-half
day
of
additional
vacation
added
to
the
27
employee’s
accrued
vacation
account.
The
additional
vacation
28
time
added
to
an
employee’s
accrued
vacation
account
for
not
29
using
sick
leave
during
a
month
is
in
lieu
of
the
accrual
of
30
sick
leave
for
that
month.
The
amount
of
additional
vacation
31
for
part-time
employees
shall
be
prorated
to
the
amount
of
32
additional
vacation
authorized
for
full-time
employees.
The
33
director
of
the
department
of
administrative
services
may
adopt
34
the
necessary
rules
and
procedures
for
the
implementation
of
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this
program
for
all
state
employees
except
employees
of
the
1
state
board
of
regents.
The
state
board
of
regents
may
adopt
2
necessary
rules
for
the
implementation
of
this
program
for
its
3
employees.
4
Sec.
27.
Section
70A.20,
subsection
4,
Code
2011,
is
amended
5
to
read
as
follows:
6
4.
All
probationary
and
permanent
full-time
state
employees
7
shall
be
covered
under
the
employees
disability
insurance
8
program,
except
board
members
and
members
of
commissions
who
9
are
not
full-time
state
employees,
and
state
employees
who
on
10
July
1,
1974,
are
under
another
disability
program
financed
in
11
whole
or
in
part
by
the
state
,
and
state
employees
who
have
12
agreed
to
participation
in
another
disability
program
through
a
13
collective
bargaining
agreement
.
For
purposes
of
this
section
,
14
members
of
the
general
assembly
serving
on
or
after
January
1,
15
1989,
are
eligible
for
the
plan
during
their
tenure
in
office,
16
on
the
basis
of
enrollment
rules
established
for
full-time
17
state
employees
excluded
from
collective
bargaining
as
provided
18
in
chapter
20
.
19
Sec.
28.
Section
70A.23,
subsections
2,
3,
and
4,
Code
2011,
20
are
amended
to
read
as
follows:
21
2.
An
eligible
state
employee
,
excluding
an
employee
22
covered
under
a
collective
bargaining
agreement
which
provides
23
otherwise,
who
retires
and
has
applied
for
retirement
benefits
24
under
an
eligible
retirement
system,
or
who
dies
while
in
25
active
employment,
shall
be
credited
with
the
number
of
accrued
26
days
of
sick
leave
of
the
employee.
The
employee,
or
the
27
employee’s
estate,
shall
receive
a
cash
payment
of
the
monetary
28
value
of
the
employee’s
accrued
sick
leave
balance,
not
to
29
exceed
two
thousand
dollars.
The
value
of
the
employee’s
30
accrued
sick
leave
balance
shall
be
calculated
by
multiplying
31
the
number
of
hours
of
accrued
sick
leave
by
the
employee’s
32
regular
hourly
rate
of
pay
at
the
time
of
retirement.
33
3.
a.
An
eligible
state
employee,
excluding
an
employee
34
covered
under
a
collective
bargaining
agreement
which
provides
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otherwise
or
an
employee
of
the
state
board
of
regents,
who
1
retires
and
receives
a
payment
as
provided
in
subsection
2
2
shall
be
entitled
to
elect
to
have
the
employee’s
available
3
remaining
value
of
sick
leave
used
to
pay
the
state
share
for
4
the
employee’s
continuation
of
state
group
health
insurance
5
coverage
pursuant
to
the
requirements
of
this
subsection
.
6
b.
An
eligible
state
employee’s
available
remaining
value
of
7
sick
leave
shall
be
calculated
as
follows:
8
(1)
If
the
employee’s
accrued
sick
leave
balance
prior
to
9
payment
as
provided
in
subsection
2
is
seven
hundred
fifty
10
hours
or
less,
sixty
percent
of
the
value
of
the
remaining
11
accrued
sick
leave
balance.
12
(2)
If
the
employee’s
accrued
sick
leave
balance
prior
13
to
payment
as
provided
in
subsection
2
is
one
thousand
five
14
hundred
hours
or
less
but
more
than
seven
hundred
fifty
hours,
15
eighty
percent
of
the
value
of
the
remaining
accrued
sick
leave
16
balance.
17
(3)
If
the
employee’s
accrued
sick
leave
balance
prior
to
18
payment
as
provided
in
subsection
2
is
more
than
one
thousand
19
five
hundred
hours,
one
hundred
percent
of
the
value
of
the
20
remaining
accrued
sick
leave
balance.
21
c.
An
eligible
state
employee’s
available
remaining
value
22
of
sick
leave
shall
be
available
to
pay
for
that
portion
of
23
the
employee’s
state
group
health
insurance
premium
that
would
24
otherwise
be
paid
for
by
the
state
if
the
employee
were
still
a
25
state
employee.
The
benefits
provided
for
in
this
subsection
26
have
no
cash
value
and
are
not
transferable
to
any
other
27
person,
including
the
retiree’s
spouse.
Payment
of
state
group
28
health
insurance
premiums
pursuant
to
this
subsection
continues
29
until
the
earliest
of
when
the
eligible
state
employee’s
30
available
remaining
value
of
sick
leave
is
exhausted,
the
31
employee
otherwise
becomes
eligible
for
federal
Medicare
32
program
benefits,
or
the
employee
dies.
In
addition,
an
33
employee
electing
benefits
pursuant
to
this
subsection
who
is
34
reinstated
or
reemployed
in
a
permanent
full-time
or
permanent
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part-time
position
within
state
government
forfeits
any
1
remaining
benefits
for
payment
of
state
group
health
insurance
2
benefits,
and
such
employee
is
not
eligible
for
restoration
3
of
the
unused
sick
leave
accrued
during
the
employee’s
prior
4
employment
with
the
state.
5
4.
Notwithstanding
any
provision
of
this
section
to
the
6
contrary,
peace
officers
employed
within
the
department
of
7
public
safety
and
the
department
of
natural
resources
that
8
are
not
covered
under
a
collective
bargaining
agreement
shall
9
have
a
sick
leave
conversion
program
extended
to
them
that
is
10
equivalent
to
the
sick
leave
conversion
program
negotiated
11
under
chapter
20
between
the
state
and
the
state
police
12
officers
council
labor
union
for
peace
officers
as
determined
13
by
the
commissioner
of
public
safety
and
the
director
of
the
14
department
of
natural
resources
for
their
respective
employees
.
15
In
addition,
an
employee
of
the
department
of
public
safety
or
16
the
department
of
natural
resources
who
has
earned
benefits
of
17
payment
of
premiums
under
a
collective
bargaining
agreement
and
18
who
becomes
a
manager
or
supervisor
and
is
no
longer
covered
19
by
the
agreement
shall
not
lose
the
benefits
of
payment
of
20
premiums
earned
while
covered
by
the
agreement.
The
payment
21
shall
be
calculated
by
multiplying
the
number
of
hours
of
22
accumulated,
unused
sick
leave
by
the
employee’s
hourly
rate
of
23
pay
at
the
time
of
retirement.
24
Sec.
29.
Section
70A.28,
subsection
6,
Code
2011,
is
amended
25
to
read
as
follows:
26
6.
Subsection
2
may
also
be
enforced
by
an
employee
through
27
an
administrative
action
pursuant
to
the
requirements
of
this
28
subsection
if
the
employee
is
not
a
merit
system
employee
or
29
an
employee
covered
by
a
collective
bargaining
agreement
.
An
30
employee
eligible
to
pursue
an
administrative
action
pursuant
31
to
this
subsection
who
is
discharged,
suspended,
demoted,
32
or
otherwise
receives
a
reduction
in
pay
and
who
believes
33
the
adverse
employment
action
was
taken
as
a
result
of
the
34
employee’s
disclosure
of
information
that
was
authorized
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pursuant
to
subsection
2
,
may
file
an
appeal
of
the
adverse
1
employment
action
with
the
public
employment
relations
2
board
within
thirty
calendar
days
following
the
later
of
the
3
effective
date
of
the
action
or
the
date
a
finding
is
issued
4
to
the
employee
by
the
office
of
the
citizens’
aide
pursuant
5
to
section
2C.11A
.
The
findings
issued
by
the
citizens’
aide
6
may
be
introduced
as
evidence
before
the
public
employment
7
relations
board.
The
employee
has
the
right
to
a
hearing
8
closed
to
the
public,
but
may
request
a
public
hearing.
The
9
hearing
shall
otherwise
be
conducted
in
accordance
with
the
10
rules
of
the
public
employment
relations
board
and
the
Iowa
11
administrative
procedure
Act,
chapter
17A
.
If
the
public
12
employment
relations
board
finds
that
the
action
taken
in
13
regard
to
the
employee
was
in
violation
of
subsection
2
,
the
14
employee
may
be
reinstated
without
loss
of
pay
or
benefits
15
for
the
elapsed
period,
or
the
public
employment
relations
16
board
may
provide
other
appropriate
remedies.
Decisions
by
17
the
public
employment
relations
board
constitute
final
agency
18
action.
19
Sec.
30.
Section
70A.30,
unnumbered
paragraph
2,
Code
2011,
20
is
amended
to
read
as
follows:
21
The
phased
retirement
incentive
program
is
a
retirement
22
system
for
purposes
of
section
20.9
,
but
is
not
retirement
23
for
purposes
of
chapter
97A
,
97B
,
or
602
or
for
the
24
employees
who
are
members
of
the
teachers
insurance
annuity
25
association-college
retirement
equities
fund
(TIAA-CREF).
26
Sec.
31.
Section
70A.39,
subsection
2,
unnumbered
paragraph
27
1,
Code
2011,
is
amended
to
read
as
follows:
28
Beginning
July
1,
2003,
state
State
employees
,
excluding
29
employees
covered
under
a
collective
bargaining
agreement
which
30
provides
otherwise,
shall
be
granted
leaves
of
absence
in
31
accordance
with
the
following:
32
Sec.
32.
Section
76.16A,
unnumbered
paragraph
1,
Code
2011,
33
is
amended
to
read
as
follows:
34
A
city,
county,
or
other
political
subdivision
may
become
a
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debtor
under
chapter
nine
of
the
federal
bankruptcy
code,
11
1
U.S.C.
§
901
et
seq.,
if
it
is
rendered
insolvent,
as
defined
2
in
11
U.S.C.
§
101(32)(c),
as
a
result
of
a
debt
involuntarily
3
incurred.
As
used
herein,
“debt”
means
an
obligation
to
pay
4
money,
other
than
pursuant
to
a
valid
and
binding
collective
5
bargaining
agreement
or
previously
authorized
bond
issue,
as
6
to
which
the
governing
body
of
the
city,
county,
or
other
7
political
subdivision
has
made
a
specific
finding
set
forth
in
8
a
duly
adopted
resolution
of
each
of
the
following:
9
Sec.
33.
Section
80.8,
subsection
3,
paragraphs
a,
c,
d,
and
10
e,
Code
2011,
are
amended
to
read
as
follows:
11
a.
The
salaries
of
peace
officers
and
employees
of
the
12
department
and
the
expenses
of
the
department
shall
be
provided
13
for
by
a
legislative
appropriation.
The
compensation
of
peace
14
officers
of
the
department
shall
be
fixed
according
to
grades
15
as
to
rank
and
length
of
service
by
the
commissioner
with
the
16
approval
of
the
department
of
administrative
services
,
unless
17
covered
by
a
collective
bargaining
agreement
that
provides
18
otherwise
.
19
c.
While
on
active
duty,
each
peace
officer
shall
also
20
receive
a
flat
daily
sum
as
fixed
by
the
commissioner
for
21
meals
unless
the
amount
of
the
flat
daily
sum
is
covered
by
a
22
collective
bargaining
agreement
that
provides
otherwise
.
23
d.
A
collective
bargaining
agreement
entered
into
between
24
the
state
and
a
state
employee
organization
under
chapter
25
20
made
final
after
July
1,
1977,
shall
not
include
any
pay
26
adjustment
to
longevity
pay
authorized
under
this
section
.
27
e.
d.
Peace
officers
of
the
department
excluded
from
the
28
provisions
of
chapter
20
who
are
injured
in
the
line
of
duty
29
shall
receive
paid
time
off
in
the
same
manner
as
provided
30
to
peace
officers
of
the
department
covered
by
a
collective
31
bargaining
agreement
entered
into
between
the
state
and
the
32
employee
organization
representing
such
covered
peace
officers
33
under
chapter
20
as
fixed
by
the
commissioner
.
34
Sec.
34.
Section
80.15,
Code
2011,
is
amended
to
read
as
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follows:
1
80.15
Examination
——
oath
——
probation
——
discipline
——
2
dismissal.
3
An
applicant
to
be
a
peace
officer
in
the
department
shall
4
not
be
appointed
as
a
peace
officer
until
the
applicant
has
5
passed
a
satisfactory
physical
and
mental
examination.
In
6
addition,
the
applicant
must
be
a
citizen
of
the
United
States
7
and
be
not
less
than
twenty-two
years
of
age.
However,
an
8
applicant
applying
for
assignment
to
provide
protection
and
9
security
for
persons
and
property
on
the
grounds
of
the
state
10
capitol
complex
or
a
peace
officer
candidate
shall
not
be
11
less
than
eighteen
years
of
age.
The
mental
examination
12
shall
be
conducted
under
the
direction
or
supervision
of
13
the
commissioner
and
may
be
oral
or
written
or
both.
An
14
applicant
shall
take
an
oath
on
becoming
a
peace
officer
15
of
the
department,
to
uphold
the
laws
and
Constitution
of
16
the
United
States
and
Constitution
of
the
State
of
Iowa.
17
During
the
period
of
twelve
months
after
appointment,
a
peace
18
officer
of
the
department
is
subject
to
dismissal
at
the
19
will
of
the
commissioner.
After
the
twelve
months’
service,
20
a
peace
officer
of
the
department,
who
was
appointed
after
21
having
passed
the
examinations,
is
not
subject
to
dismissal,
22
suspension,
disciplinary
demotion,
or
other
disciplinary
action
23
resulting
in
the
loss
of
pay
unless
charges
have
been
filed
24
with
the
department
of
inspections
and
appeals
and
a
hearing
25
held
by
the
employment
appeal
board
created
by
section
10A.601
,
26
if
requested
by
the
peace
officer,
at
which
the
peace
officer
27
has
an
opportunity
to
present
a
defense
to
the
charges.
The
28
decision
of
the
appeal
board
is
final,
subject
to
the
right
29
of
judicial
review
in
accordance
with
the
terms
of
the
Iowa
30
administrative
procedure
Act,
chapter
17A
.
However,
these
31
procedures
as
to
dismissal,
suspension,
demotion,
or
other
32
discipline
do
not
apply
to
a
peace
officer
who
is
covered
by
33
a
collective
bargaining
agreement
which
provides
otherwise,
34
and
do
not
apply
to
the
demotion
of
a
division
head
to
the
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rank
which
the
division
head
held
at
the
time
of
appointment
1
as
division
head,
if
any.
A
division
head
who
is
demoted
has
2
the
right
to
return
to
the
rank
which
the
division
head
held
at
3
the
time
of
appointment
as
division
head,
if
any.
All
rules
,
4
except
employment
provisions
negotiated
pursuant
to
chapter
5
20
,
regarding
the
enlistment,
appointment,
and
employment
6
affecting
the
personnel
of
the
department
shall
be
established
7
by
the
commissioner
in
consultation
with
the
director
of
the
8
department
of
administrative
services,
subject
to
approval
by
9
the
governor.
10
Sec.
35.
Section
80.18,
unnumbered
paragraph
2,
Code
2011,
11
is
amended
to
read
as
follows:
12
The
department
may
expend
moneys
from
the
support
allocation
13
of
the
department
as
reimbursement
for
replacement
or
repair
of
14
personal
items
of
the
department’s
peace
officers
or
employees
15
damaged
or
destroyed
during
a
peace
officer’s
or
employee’s
16
course
of
employment.
However,
the
reimbursement
shall
not
17
exceed
the
greater
of
one
hundred
fifty
dollars
or
the
amount
18
agreed
to
under
the
collective
bargaining
agreement
for
each
19
item
.
The
department
shall
adopt
rules
in
accordance
with
20
chapter
17A
to
administer
this
paragraph.
21
Sec.
36.
Section
80.42,
subsection
1,
Code
2011,
is
amended
22
to
read
as
follows:
23
1.
A
sick
leave
benefits
fund
is
established
in
the
office
24
of
the
treasurer
of
state
under
the
control
of
the
department
25
of
public
safety.
The
moneys
annually
credited
to
the
fund
are
26
appropriated
to
the
department
to
pay
health
and
life
insurance
27
monthly
premium
costs
for
retired
departmental
employees
and
28
beneficiaries
who
are
eligible
to
receive
benefits
for
accrued
29
sick
leave
under
the
collective
bargaining
agreement
with
the
30
state
police
officers
council
or
pursuant
to
section
70A.23
.
31
Sec.
37.
Section
80F.1,
subsections
5,
11,
17,
and
19,
Code
32
2011,
are
amended
to
read
as
follows:
33
5.
An
officer
who
is
the
subject
of
a
complaint,
shall
at
a
34
minimum,
be
provided
a
written
summary
of
the
complaint
prior
35
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to
an
interview.
If
a
collective
bargaining
agreement
applies,
1
the
complaint
or
written
summary
shall
be
provided
pursuant
2
to
the
procedures
established
under
the
collective
bargaining
3
agreement.
If
the
complaint
alleges
domestic
abuse,
sexual
4
abuse,
or
sexual
harassment,
an
officer
shall
not
receive
more
5
than
a
written
summary
of
the
complaint.
6
11.
If
an
interview
is
conducted
while
an
officer
is
off
7
duty,
the
officer
shall
be
compensated
as
provided
by
law
,
or
8
as
provided
in
the
applicable
collective
bargaining
agreement
.
9
17.
The
rights
enumerated
in
this
section
are
in
addition
to
10
any
other
rights
granted
pursuant
to
a
collective
bargaining
11
agreement
or
other
applicable
law.
12
19.
If
a
formal
administrative
investigation
results
13
in
removal,
discharge,
suspension,
or
disciplinary
action
14
against
an
officer,
and
the
officer
alleges
in
writing
a
15
violation
of
the
provisions
of
this
section
,
the
municipality,
16
county,
or
state
agency
employing
the
officer
shall
hold
in
17
abeyance
for
a
period
of
ten
days
any
punitive
action
taken
18
as
a
result
of
the
investigation,
including
a
reprimand.
An
19
allegation
of
a
violation
of
this
section
may
be
raised
and
20
given
due
consideration
in
any
properly
authorized
grievance
21
or
appeal
exercised
by
an
officer,
including
but
not
limited
22
to
a
grievance
or
appeal
exercised
pursuant
to
the
terms
of
an
23
applicable
collective
bargaining
agreement
and
an
appeal
right
24
exercised
under
section
341A.12
or
400.20
.
25
Sec.
38.
Section
84C.2,
subsection
8,
Code
2011,
is
amended
26
to
read
as
follows:
27
8.
“Part-time
employee”
means
an
employee
who
is
employed
28
for
an
average
of
fewer
than
twenty
hours
per
week
or
an
29
employee,
including
a
full-time
employee,
who
has
been
employed
30
for
fewer
than
six
of
the
twelve
months
preceding
the
date
on
31
which
notice
is
required.
However,
if
an
applicable
collective
32
bargaining
agreement
defines
a
part-time
employee,
such
33
definition
shall
supersede
the
definition
in
this
subsection.
34
Sec.
39.
Section
84C.3,
subsection
1,
paragraph
a,
Code
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2011,
is
amended
to
read
as
follows:
1
a.
An
employer
who
plans
a
business
closing
or
a
mass
layoff
2
shall
not
order
such
action
until
the
end
of
a
thirty-day
3
period
which
begins
after
the
employer
serves
written
notice
of
4
such
action
to
the
affected
employees
or
their
representatives
5
and
to
the
department.
However,
if
an
applicable
collective
6
bargaining
agreement
designates
a
different
notice
period,
the
7
notice
period
in
the
collective
bargaining
agreement
shall
8
govern.
The
employer
shall
provide
notice
to
the
department
if
9
the
worker
is
covered
by
a
collective
bargaining
agreement.
10
Sec.
40.
Section
99D.6,
Code
2011,
is
amended
to
read
as
11
follows:
12
99D.6
Chairperson
——
administrator
——
employees
——
duties
——
13
bond.
14
The
commission
shall
elect
in
July
of
each
year
one
of
its
15
members
as
chairperson
for
the
succeeding
year.
The
commission
16
shall
appoint
an
administrator
of
the
commission
subject
to
17
confirmation
by
the
senate.
The
administrator
shall
serve
18
a
four-year
term.
The
term
shall
begin
and
end
in
the
same
19
manner
as
set
forth
in
section
69.19
.
A
vacancy
shall
be
20
filled
for
the
unexpired
portion
of
the
term
in
the
same
manner
21
as
a
full-term
appointment
is
made.
The
administrator
may
22
hire
other
assistants
and
employees
as
necessary
to
carry
23
out
the
commission’s
duties.
Employees
in
the
positions
of
24
equine
veterinarian,
canine
veterinarian,
and
equine
steward
25
shall
be
exempt
from
the
merit
system
provisions
of
chapter
26
8A,
subchapter
IV
,
and
shall
not
be
covered
by
a
collective
27
bargaining
agreement
.
Some
or
all
of
the
information
required
28
of
applicants
in
section
99D.8A
,
subsections
1
and
2
,
may
also
29
be
required
of
employees
of
the
commission
if
the
commission
30
deems
it
necessary.
The
administrator
shall
keep
a
record
31
of
the
proceedings
of
the
commission
and
preserve
the
books,
32
records,
and
documents
entrusted
to
the
administrator’s
care.
33
The
administrator
shall
be
covered
by
the
blanket
surety
bond
34
of
the
state
purchased
pursuant
to
section
8A.321,
subsection
35
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12
.
The
compensation
and
employment
terms
of
the
administrator
1
shall
be
set
by
the
governor,
taking
into
consideration
the
2
level
of
knowledge
and
experience
of
the
administrator.
The
3
commission
shall
have
its
headquarters
in
the
city
of
Des
4
Moines
and
shall
meet
in
July
of
each
year
and
at
other
times
5
and
places
as
it
finds
necessary
for
the
discharge
of
its
6
duties.
7
Sec.
41.
Section
99G.10,
subsection
2,
Code
2011,
is
amended
8
to
read
as
follows:
9
2.
Subject
to
the
approval
of
the
board,
the
chief
executive
10
officer
shall
have
the
sole
power
to
designate
particular
11
employees
as
key
personnel,
but
may
take
advice
from
the
12
department
of
administrative
services
in
making
any
such
13
designations.
All
key
personnel
shall
be
exempt
from
the
14
merit
system
described
in
chapter
8A,
subchapter
IV
.
The
15
chief
executive
officer
and
the
board
shall
have
the
sole
16
power
to
employ,
classify,
and
fix
the
compensation
of
key
17
personnel.
All
other
employees
shall
be
employed,
classified,
18
and
compensated
in
accordance
with
chapter
8A,
subchapter
IV
,
19
and
chapter
20
.
20
Sec.
42.
Section
135C.35,
subsection
3,
Code
2011,
is
21
amended
by
striking
the
subsection.
22
Sec.
43.
Section
185.34,
subsection
2,
paragraph
a,
Code
23
2011,
is
amended
to
read
as
follows:
24
a.
Except
as
provided
in
paragraph
“b”
,
the
board
is
not
25
a
state
agency
or
a
governmental
entity
as
defined
in
section
26
8A.101
,
public
employer
as
defined
in
section
20.3
,
or
an
27
authority
or
instrumentality
of
the
state.
28
Sec.
44.
Section
235A.15,
subsection
5,
Code
Supplement
29
2011,
is
amended
to
read
as
follows:
30
5.
Access
to
disposition
data
subject
to
placement
in
the
31
central
registry
pursuant
to
section
232.71D
is
authorized
to
32
the
department
of
administrative
services
or
to
the
personnel
33
office
of
a
public
employer,
as
defined
in
section
20.3
,
34
as
necessary
for
presentation
in
grievance
or
arbitration
35
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procedures
provided
for
in
sections
section
8A.415
and
20.18
.
1
Disposition
data
introduced
into
a
grievance
or
arbitration
2
proceeding
shall
not
be
considered
a
part
of
the
public
record
3
of
a
case.
4
Sec.
45.
Section
235E.2,
subsection
13,
paragraph
a,
5
subparagraph
(1),
Code
2011,
is
amended
to
read
as
follows:
6
(1)
The
alleged
dependent
adult
abuser
is
part
of
a
7
bargaining
unit
that
is
party
to
a
collective
bargaining
8
agreement
under
chapter
20
or
any
other
applicable
state
or
9
federal
law.
10
Sec.
46.
Section
252B.27,
subsection
2,
paragraph
b,
Code
11
2011,
is
amended
to
read
as
follows:
12
b.
Employees
in
full-time
positions
that
transition
13
from
county
government
to
state
government
employment
under
14
this
subsection
are
exempt
from
testing,
selection,
and
15
appointment
provisions
of
chapter
8A,
subchapter
IV
,
and
from
16
the
provisions
of
collective
bargaining
agreements
relating
to
17
the
filling
of
vacant
positions
.
18
Sec.
47.
Section
256.9,
subsection
61,
paragraph
b,
Code
19
Supplement
2011,
is
amended
by
striking
the
paragraph.
20
Sec.
48.
Section
256.20,
unnumbered
paragraph
3,
Code
2011,
21
is
amended
by
striking
the
unnumbered
paragraph.
22
Sec.
49.
Section
256.21,
subsection
2,
paragraph
a,
Code
23
2011,
is
amended
to
read
as
follows:
24
a.
A
sabbatical
grant
to
a
teacher
shall
be
equal
to
the
25
annual
salary
specified
in
a
teacher’s
contract
pursuant
to
the
26
salary
schedule
adopted
by
the
board
of
directors
or
negotiated
27
under
chapter
20
plus
the
cost
to
the
district
of
the
fringe
28
benefits
of
the
teacher.
The
grant
shall
be
paid
to
the
school
29
district,
and
the
district
shall
continue
to
pay
the
teacher’s
30
regular
compensation
as
well
as
the
cost
to
the
district
31
of
the
substitute
teacher.
Teachers
and
boards
of
school
32
districts
are
encouraged
to
seek
funding
from
other
sources
to
33
pay
the
costs
of
sabbaticals
for
teachers.
Grant
moneys
are
34
miscellaneous
income
for
purposes
of
chapter
257
.
35
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Sec.
50.
Section
256F.4,
subsection
2,
paragraph
h,
Code
1
2011,
is
amended
to
read
as
follows:
2
h.
Be
subject
to
and
comply
with
chapters
20
and
chapter
3
279
relating
to
contracts
with
and
discharge
of
teachers
and
4
administrators.
5
Sec.
51.
Section
260C.18D,
subsection
4,
Code
2011,
is
6
amended
to
read
as
follows:
7
4.
Eligible
instructors.
Moneys
distributed
to
a
community
8
college
under
this
section
shall
be
allocated
to
all
full-time,
9
nonadministrative
instructors
and
part-time
instructors
covered
10
by
a
collective
bargaining
agreement
.
The
moneys
shall
be
11
allocated
by
negotiated
agreements
according
to
chapter
20
.
If
12
no
language
exists,
the
The
moneys
shall
be
allocated
equally
13
to
all
full-time,
nonadministrative
instructors
with
part-time
14
instructors
covered
by
a
collective
bargaining
agreement
15
receiving
a
prorated
share
of
the
fund.
16
Sec.
52.
Section
260C.39,
subsection
3,
Code
2011,
is
17
amended
to
read
as
follows:
18
3.
The
terms
of
employment
of
personnel,
for
the
academic
19
year
following
the
effective
date
of
the
agreement
to
combine
20
the
merged
areas
shall
not
be
affected
by
the
combination
of
21
the
merged
areas,
except
in
accordance
with
the
procedures
22
under
sections
279.15
to
279.18
and
section
279.24
,
to
23
the
extent
those
procedures
are
applicable,
or
under
the
24
terms
of
the
base
bargaining
agreement.
The
authority
and
25
responsibility
to
offer
new
contracts
or
to
continue,
modify,
26
or
terminate
existing
contracts
pursuant
to
any
applicable
27
procedures
under
chapter
279
,
shall
be
transferred
to
the
28
acting,
and
then
to
the
new,
board
of
the
combined
merged
area
29
upon
certification
of
a
favorable
vote
to
each
of
the
merged
30
areas
affected
by
the
agreement.
The
collective
bargaining
31
agreement
of
the
merged
area
receiving
the
greatest
amount
of
32
general
state
aid
shall
serve
as
the
base
agreement
for
the
33
combined
merged
area
and
the
employees
of
the
merged
areas
34
which
combined
to
form
the
new
combined
merged
area
shall
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automatically
be
accreted
to
the
bargaining
unit
from
that
1
former
merged
area
for
purposes
of
negotiating
the
contracts
2
for
the
following
years
without
further
action
by
the
public
3
employment
relations
board.
If
only
one
collective
bargaining
4
agreement
is
in
effect
among
the
merged
areas
which
are
5
combining
under
this
section
,
then
that
agreement
shall
serve
6
as
the
base
agreement,
and
the
employees
of
the
merged
areas
7
which
are
combining
to
form
the
new
combined
merged
area
shall
8
automatically
be
accreted
to
the
bargaining
unit
of
that
former
9
merged
area
for
purposes
of
negotiating
the
contracts
for
the
10
following
years
without
further
action
by
the
public
employment
11
relations
board.
The
board
of
the
combined
merged
area,
using
12
the
base
agreement
as
its
existing
contract,
shall
bargain
with
13
the
combined
employees
of
the
merged
areas
that
have
agreed
14
to
combine
for
the
academic
year
beginning
with
the
effective
15
date
of
the
agreement
to
combine
merged
areas.
The
bargaining
16
shall
be
completed
by
March
15
prior
to
the
academic
year
in
17
which
the
agreement
to
combine
merged
areas
becomes
effective
18
or
within
one
hundred
eighty
days
after
the
organization
of
19
the
acting
board
of
the
new
combined
merged
area,
whichever
20
is
later.
If
a
bargaining
agreement
was
already
concluded
in
21
the
former
merged
area
which
has
the
collective
bargaining
22
agreement
that
is
serving
as
the
base
agreement
for
the
new
23
combined
merged
area,
between
the
former
merged
area
board
24
and
the
employees
of
the
former
merged
area,
that
agreement
25
is
void,
unless
the
agreement
contained
multiyear
provisions
26
affecting
academic
years
subsequent
to
the
effective
date
of
27
the
agreement
to
form
a
combined
merged
area.
If
the
base
28
collective
bargaining
agreement
contains
multiyear
provisions,
29
the
duration
and
effect
of
the
agreement
shall
be
controlled
30
by
the
terms
of
the
agreement.
The
provisions
of
the
base
31
agreement
shall
apply
to
the
offering
of
new
contracts,
or
32
the
continuation,
modification,
or
termination
of
existing
33
contracts
between
the
acting
or
new
board
of
the
combined
34
merged
area
and
the
combined
employees
of
the
new
combined
35
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merged
area.
1
Sec.
53.
Section
262.9,
subsection
16,
Code
Supplement
2
2011,
is
amended
by
striking
the
subsection.
3
Sec.
54.
Section
262.9C,
subsection
3,
Code
2011,
is
amended
4
to
read
as
follows:
5
3.
For
the
purposes
of
this
section
,
“supervisory
employee”
6
means
a
public
employee
who
is
not
a
member
of
a
collective
7
bargaining
unit
and
who
has
authority,
in
the
interest
of
a
8
public
employer,
to
hire,
transfer,
suspend,
lay
off,
recall,
9
promote,
discharge,
assign,
reward,
or
discipline
other
public
10
employees,
to
direct
such
public
employees,
or
to
adjust
11
the
grievances
of
such
public
employees,
or
to
effectively
12
recommend
any
such
action.
13
Sec.
55.
Section
273.22,
subsection
2,
Code
2011,
is
amended
14
by
striking
the
subsection.
15
Sec.
56.
Section
275.33,
subsection
2,
Code
2011,
is
amended
16
by
striking
the
subsection.
17
Sec.
57.
Section
279.10,
subsection
3,
paragraph
c,
Code
18
2011,
is
amended
by
striking
the
paragraph.
19
Sec.
58.
Section
279.13,
subsection
3,
Code
2011,
is
amended
20
by
striking
the
subsection.
21
Sec.
59.
Section
279.14,
Code
2011,
is
amended
to
read
as
22
follows:
23
279.14
Evaluation
criteria
and
procedures.
24
1.
The
board
shall
establish
evaluation
criteria
and
shall
25
implement
evaluation
procedures.
If
an
exclusive
bargaining
26
representative
has
been
certified,
the
board
shall
negotiate
27
in
good
faith
with
respect
to
evaluation
procedures
pursuant
28
to
chapter
20
.
29
2.
The
determination
of
standards
of
performance
expected
30
of
school
district
personnel
shall
be
reserved
as
an
exclusive
31
management
right
of
the
school
board
and
shall
not
be
subject
32
to
mandatory
negotiations
under
chapter
20
.
Notwithstanding
33
chapter
20
,
objections
to
the
procedures,
use,
or
content
of
34
an
evaluation
in
a
teacher
termination
proceeding
brought
35
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before
the
school
board
in
a
hearing
held
in
accordance
with
1
section
279.16
or
279.27
shall
not
be
subject
to
the
grievance
2
procedures
negotiated
in
accordance
with
chapter
20
.
A
school
3
district
shall
not
be
obligated
to
process
any
evaluation
4
grievance
after
service
of
a
notice
and
recommendation
to
5
terminate
an
individual’s
continuing
teaching
contract
in
6
accordance
with
this
chapter
.
7
Sec.
60.
Section
279.19,
Code
2011,
is
amended
to
read
as
8
follows:
9
279.19
Probationary
period.
10
The
first
three
consecutive
years
of
employment
of
a
11
teacher
in
the
same
school
district
are
a
probationary
12
period.
However,
if
the
teacher
has
successfully
completed
a
13
probationary
period
of
employment
for
another
school
district
14
located
in
Iowa,
the
probationary
period
in
the
current
15
district
of
employment
shall
not
exceed
one
year.
A
board
of
16
directors
may
waive
the
probationary
period
for
any
teacher
who
17
previously
has
served
a
probationary
period
in
another
school
18
district
and
the
board
may
extend
the
probationary
period
for
19
an
additional
year
with
the
consent
of
the
teacher.
20
In
the
case
of
the
termination
of
a
probationary
teacher’s
21
contract,
the
provisions
of
sections
279.15
and
279.16
22
shall
apply.
However,
if
the
probationary
teacher
is
a
23
beginning
teacher
who
fails
to
demonstrate
competence
in
the
24
Iowa
teaching
standards
in
accordance
with
chapter
284
,
the
25
provisions
of
sections
279.17
and
279.18
shall
also
apply.
26
The
board’s
decision
shall
be
final
and
binding
unless
27
the
termination
was
based
upon
an
alleged
violation
of
a
28
constitutionally
guaranteed
right
of
the
teacher
or
an
alleged
29
violation
of
public
employee
rights
of
the
teacher
under
30
section
20.10
.
31
Notwithstanding
any
provision
to
the
contrary,
the
grievance
32
procedures
of
section
20.18
relating
to
job
performance
or
job
33
retention
shall
not
apply
to
a
teacher
during
the
first
two
34
years
of
the
teacher’s
probationary
period.
However,
this
35
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2187
paragraph
shall
not
apply
to
a
teacher
who
has
successfully
1
completed
a
probationary
period
in
a
school
district
in
Iowa.
2
Sec.
61.
Section
279.19A,
subsection
6,
Code
2011,
is
3
amended
by
striking
the
subsection.
4
Sec.
62.
Section
279.23,
subsection
4,
Code
2011,
is
amended
5
to
read
as
follows:
6
4.
For
purposes
of
this
section
and
sections
279.23A
,
7
279.24
,
and
279.25
,
the
term
“administrator”
includes
school
8
superintendents,
assistant
superintendents,
educational
9
directors
employed
by
school
districts
for
grades
kindergarten
10
through
twelve,
educational
directors
employed
by
area
11
education
agencies
under
chapter
273
,
principals,
assistant
12
principals,
other
certified
school
supervisors
employed
13
by
school
districts
for
grades
kindergarten
through
twelve
14
as
defined
under
section
20.4
,
and
other
certified
school
15
supervisors
employed
by
area
education
agencies
under
chapter
16
273
.
For
purposes
of
this
section
and
sections
279.23A
,
17
279.24
,
and
279.25
,
with
regard
to
community
college
employees,
18
“administrator”
includes
the
administrator
of
an
instructional
19
division
or
an
area
of
instructional
responsibility,
and
the
20
administrator
of
an
instructional
unit,
department,
or
section.
21
Sec.
63.
Section
280.15,
subsection
2,
paragraph
a,
Code
22
2011,
is
amended
to
read
as
follows:
23
a.
When
a
special
education
personnel
pooling
agreement,
24
which
has
been
entered
into
between
an
area
education
agency
25
and
a
public
school
district
pursuant
to
section
273.5
,
26
is
terminated,
the
public
school
district
shall
assume
27
the
contractual
obligations
for
any
teachers
assigned
to
28
the
district
under
the
agreement.
Teachers,
for
whom
the
29
contractual
obligations
are
assumed
by
a
district,
shall
be
30
given
credit
for
completion
of
any
probationary
status
under
31
section
279.19
,
be
placed
on
the
salary
schedule
and
retain
all
32
leaves,
benefits,
and
seniority
rights
accumulated
as
if
the
33
teacher
had
been
originally
contractually
employed
under
the
34
agreement
which
exists
between
by
the
public
school
district
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and
the
district’s
collective
bargaining
unit
,
consistent
with
1
the
teacher’s
education
and
experience.
2
Sec.
64.
Section
284.3,
subsection
2,
paragraphs
a
and
b,
3
Code
2011,
are
amended
to
read
as
follows:
4
a.
For
purposes
of
comprehensive
evaluations
for
beginning
5
teachers
required
to
allow
beginning
teachers
to
progress
to
6
career
teachers,
standards
and
criteria
that
are
the
Iowa
7
teaching
standards
specified
in
subsection
1
and
the
criteria
8
for
the
Iowa
teaching
standards
developed
by
the
department
in
9
accordance
with
section
256.9,
subsection
46
.
These
standards
10
and
criteria
shall
be
set
forth
in
an
instrument
provided
by
11
the
department.
The
comprehensive
evaluation
and
instrument
12
are
not
subject
to
negotiations
or
grievance
procedures
13
pursuant
to
chapter
20
or
determinations
made
by
the
board
of
14
directors
under
section
279.14
.
A
local
school
board
and
its
15
certified
bargaining
representative
may
negotiate,
pursuant
to
16
chapter
20
,
evaluation
and
grievance
procedures
for
beginning
17
teachers
that
are
not
in
conflict
with
this
chapter
.
If,
in
18
accordance
with
section
279.19
,
a
beginning
teacher
appeals
the
19
determination
of
a
school
board
to
an
adjudicator
under
section
20
279.17
,
the
adjudicator
selected
shall
have
successfully
21
completed
training
related
to
the
Iowa
teacher
standards,
the
22
criteria
adopted
by
the
state
board
of
education
in
accordance
23
with
subsection
3
,
and
any
additional
training
required
under
24
rules
adopted
by
the
public
employment
relations
board
in
25
cooperation
with
the
state
board
of
education.
26
b.
For
purposes
of
performance
reviews
for
teachers
other
27
than
beginning
teachers,
evaluations
that
contain,
at
a
28
minimum,
the
Iowa
teaching
standards
specified
in
subsection
29
1
,
as
well
as
the
criteria
for
the
Iowa
teaching
standards
30
developed
by
the
department
in
accordance
with
section
31
256.9,
subsection
46
.
A
local
school
board
and
its
certified
32
bargaining
representative
may
negotiate,
pursuant
to
chapter
33
20
,
additional
teaching
standards
and
criteria.
A
local
34
school
board
and
its
certified
bargaining
representative
shall
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negotiate,
pursuant
to
chapter
20
,
evaluation
and
grievance
1
procedures
for
teachers
other
than
beginning
teachers
that
are
2
not
in
conflict
with
this
chapter
.
3
Sec.
65.
Section
284.3A,
subsections
1
and
2,
Code
2011,
are
4
amended
to
read
as
follows:
5
1.
a.
For
the
school
year
beginning
July
1,
2009,
if
the
6
licensed
employees
of
a
school
district
or
area
education
7
agency
receiving
funds
pursuant
to
sections
257.10
and
257.37A
8
are
organized
under
chapter
20
for
collective
bargaining
9
purposes,
the
school
board
and
the
certified
bargaining
10
representative
for
the
licensed
employees
shall
negotiate
the
11
distribution
of
the
funds
among
the
teachers
employed
by
the
12
school
district
or
area
education
agency
according
to
chapter
13
20
.
14
b.
If
the
licensed
employees
of
a
school
district
or
area
15
education
agency
are
not
organized
for
collective
bargaining
16
purposes,
the
board
of
directors
shall
determine
the
method
of
17
distribution
of
such
funds.
18
c.
For
the
school
years
beginning
July
1,
2008,
and
19
July
1,
2009,
a
school
district
or
area
education
agency
20
receiving
funds
pursuant
to
sections
257.10
and
257.37A
,
shall
21
determine
the
amount
to
be
paid
to
teachers
in
accordance
with
22
this
subsection
and
the
amount
determined
to
be
paid
to
an
23
individual
teacher
shall
be
divided
evenly
by
the
appropriate
24
number
of
pay
periods
and
paid
in
each
pay
period
of
the
fiscal
25
year
beginning
with
the
October
payroll.
26
2.
a.
For
the
school
budget
year
beginning
July
1,
2010,
27
and
each
succeeding
school
year,
school
districts
and
area
28
education
agencies
shall
combine
payments
made
to
teachers
29
under
sections
257.10
and
257.37A
with
regular
wages
to
30
create
a
combined
salary.
The
teacher
contract
issued
under
31
section
279.13
must
include
the
combined
salary.
If
a
school
32
district
or
area
education
agency
uses
a
salary
schedule,
a
33
combined
salary
schedule
shall
be
used
for
regular
wages
and
34
for
distribution
of
payments
under
sections
257.10
and
257.37A
,
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incorporating
the
salary
minimums
required
in
section
284.7
.
1
The
combined
salary
schedule
must
use
only
the
combined
salary
2
and
cannot
differentiate
regular
salaries
and
distribution
of
3
payments
under
sections
257.10
and
257.37A
.
4
b.
If
the
licensed
employees
of
a
school
district
or
area
5
education
agency
are
organized
under
chapter
20
for
collective
6
bargaining
purposes,
the
creation
of
the
new
combined
salary
7
shall
be
subject
to
the
scope
of
negotiations
specified
in
8
section
20.9
.
A
reduction
in
the
teacher
salary
supplement
per
9
pupil
amount
shall
also
be
subject
to
the
scope
of
negotiations
10
specified
in
section
20.9
.
11
c.
b.
If
the
licensed
employees
of
a
school
district
12
or
area
education
agency
are
not
organized
for
collective
13
bargaining
purposes,
the
The
board
of
directors
shall
create
14
the
new
combined
salary.
The
board
of
directors
shall
15
determine
adjustments
in
salaries
resulting
from
a
reduction
in
16
the
teacher
salary
supplement
per
pupil
amount.
17
Sec.
66.
Section
284.4,
subsection
1,
paragraph
c,
18
subparagraphs
(1)
and
(5),
Code
2011,
are
amended
to
read
as
19
follows:
20
(1)
Monitor
the
implementation
of
the
requirements
of
21
statutes
and
administrative
code
provisions
relating
to
this
22
chapter
,
including
requirements
that
affect
any
agreement
23
negotiated
pursuant
to
chapter
20
.
24
(5)
Ensure
the
agreement
negotiated
pursuant
to
chapter
20
25
determines
the
compensation
for
teachers
on
the
committee
for
26
work
responsibilities
required
beyond
the
normal
work
day.
27
Sec.
67.
Section
284.8,
subsection
2,
Code
2011,
is
amended
28
to
read
as
follows:
29
2.
If
a
supervisor
or
an
evaluator
determines,
at
any
time,
30
as
a
result
of
a
teacher’s
performance
that
the
teacher
is
not
31
meeting
district
expectations
under
the
Iowa
teaching
standards
32
specified
in
section
284.3,
subsection
1
,
paragraphs
“a”
33
through
“h”
,
and
the
criteria
for
the
Iowa
teaching
standards
34
developed
by
the
department
in
accordance
with
section
256.9,
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subsection
46
,
and
any
other
standards
or
criteria
established
1
in
the
collective
bargaining
agreement,
the
evaluator
shall,
2
at
the
direction
of
the
teacher’s
supervisor,
recommend
to
3
the
district
that
the
teacher
participate
in
an
intensive
4
assistance
program.
The
intensive
assistance
program
and
5
its
implementation
are
subject
to
negotiation
and
grievance
6
procedures
established
pursuant
to
chapter
20
.
All
school
7
districts
shall
be
prepared
to
offer
an
intensive
assistance
8
program.
9
Sec.
68.
Section
314.1A,
subsection
3,
Code
2011,
is
amended
10
to
read
as
follows:
11
3.
The
rules
shall
include
definitions
concerning
types
12
of
projects
and
uniform
requirements
and
definitions
that
13
cities
and
counties
under
subsection
1
and
governmental
14
entities
under
subsection
2
shall
use
in
determining
costs
15
for
such
projects.
The
department
shall
establish
horizontal
16
and
vertical
infrastructure
advisory
committees
composed
of
17
representatives
of
public
sector
agencies
,
and
private
sector
18
vertical
and
horizontal
contractor
organizations
,
and
certified
19
public
employee
collective
bargaining
organizations
to
make
20
recommendations
for
such
rules.
21
Sec.
69.
Section
331.324,
subsection
1,
paragraph
a,
Code
22
2011,
is
amended
by
striking
the
paragraph.
23
Sec.
70.
Section
400.8A,
Code
2011,
is
amended
to
read
as
24
follows:
25
400.8A
Guidelines
for
ongoing
fitness
for
police
officers
and
26
fire
fighters.
27
The
board
of
trustees
of
the
fire
and
police
retirement
28
system
established
by
section
411.5
,
in
consultation
with
the
29
medical
board
established
in
section
411.5
,
shall
establish
30
and
maintain
protocols
and
guidelines
for
ongoing
wellness
31
and
fitness
for
police
officers
and
fire
fighters
while
in
32
service.
The
board
of
trustees
may
change
the
protocols
and
33
guidelines
at
any
time
the
board
so
determines.
The
protocols
34
and
guidelines
shall
be
established
by
the
board
of
trustees
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for
the
consideration
of
cities
covered
by
this
chapter
and
may
1
be
applied
by
a
city
for
the
purpose
of
determining
continued
2
wellness
and
fitness
for
members
of
the
city’s
police
and
fire
3
departments.
However,
the
protocols
and
guidelines
shall
not
4
be
applied
to
members
of
a
police
or
fire
department
of
a
city
5
who
are
covered
by
chapter
20
except
through
the
collective
6
bargaining
process
as
provided
under
chapter
20
.
The
medical
7
board
established
in
section
411.5
shall
provide
to
cities
and
8
fire
and
police
departments
assistance
regarding
the
possible
9
implementation
and
operation
of
the
protocols
and
guidelines
10
for
ongoing
wellness
and
fitness
provided
by
this
section
.
11
For
purposes
of
this
section
,
“wellness
and
fitness”
means
the
12
process
by
which
police
officers
and
fire
fighters
maintain
13
fitness
for
duty.
14
Sec.
71.
Section
400.18,
subsection
3,
Code
2011,
is
amended
15
to
read
as
follows:
16
3.
A
person
subject
to
a
hearing
has
the
right
to
be
17
represented
by
counsel
at
the
person’s
expense
or
by
the
18
person’s
authorized
collective
bargaining
representative
.
19
Sec.
72.
Section
400.26,
Code
2011,
is
amended
to
read
as
20
follows:
21
400.26
Public
trial.
22
The
trial
of
all
appeals
shall
be
public,
and
the
parties
23
may
be
represented
by
counsel
or
by
the
parties’
authorized
24
collective
bargaining
representative
.
25
Sec.
73.
Section
411.39,
subsection
4,
Code
2011,
is
amended
26
to
read
as
follows:
27
4.
Participating
employees
shall
be
exempted
from
28
preexisting
medical
condition
waiting
periods.
Participating
29
employees
may
change
programs
or
coverage
under
the
state
30
health
or
medical
service
group
insurance
plan
subject
to
the
31
enrollment
rules
established
for
full-time
state
employees
32
excluded
from
collective
bargaining
as
provided
in
chapter
33
20
.
A
participating
employee
or
the
participating
employee’s
34
surviving
spouse
shall
have
the
same
rights
upon
final
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termination
of
employment
or
death
as
are
afforded
full-time
1
state
employees
and
the
employees’
surviving
spouses
excluded
2
from
collective
bargaining
as
provided
in
chapter
20
.
3
Sec.
74.
Section
412.2,
subsection
1,
Code
2011,
is
amended
4
to
read
as
follows:
5
1.
From
the
proceeds
of
the
assessments
on
the
wages
6
and
salaries
of
employees,
of
any
such
waterworks
system,
7
or
other
municipally
owned
and
operated
public
utility,
8
eligible
to
receive
the
benefits
thereof.
Notwithstanding
9
any
provisions
of
section
20.9
to
the
contrary,
a
council,
10
board
of
waterworks,
or
other
board
or
commission
which
11
establishes
a
pension
and
annuity
retirement
system
pursuant
to
12
this
chapter
,
shall
negotiate
in
good
faith
with
a
certified
13
employee
organization
as
defined
in
section
20.3
,
which
is
the
14
collective
bargaining
representative
of
the
employees,
with
15
respect
to
the
amount
or
rate
of
the
assessment
on
the
wages
16
and
salaries
of
employees
and
the
method
or
methods
for
payment
17
of
the
assessment
by
the
employees.
18
Sec.
75.
Section
602.1401,
subsections
3
and
6,
Code
2011,
19
are
amended
by
striking
the
subsections.
20
Sec.
76.
Section
905.4,
subsection
2,
Code
2011,
is
amended
21
to
read
as
follows:
22
2.
Employ
a
director
having
the
qualifications
required
by
23
section
905.6
to
head
the
district
department’s
community-based
24
correctional
program
and,
within
a
range
established
by
the
25
Iowa
department
of
corrections,
fix
the
compensation
of
and
26
have
control
over
the
director
and
the
district
department’s
27
staff.
For
purposes
of
collective
bargaining
under
chapter
28
20
,
employees
of
the
district
board
who
are
not
exempt
from
29
chapter
20
are
employees
of
the
state,
and
the
employees
of
all
30
of
the
district
boards
shall
be
included
within
one
collective
31
bargaining
unit.
32
Sec.
77.
2011
Iowa
Acts,
chapter
118,
section
19,
subsection
33
1,
is
amended
to
read
as
follows:
34
1.
All
employees
of
the
department
of
economic
development
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shall
be
considered
employees
of
the
economic
development
1
authority
upon
the
elimination
of
the
former
and
creation
of
2
the
latter.
If
an
employee
of
the
department
is
an
employee
3
covered
under
the
collective
bargaining
provisions
of
chapter
4
20
,
then
that
employee
shall
also
be
covered
under
chapter
20
5
upon
employment
with
the
authority.
6
Sec.
78.
2011
Iowa
Acts,
chapter
118,
section
51,
subsection
7
5,
is
amended
by
striking
the
subsection.
8
Sec.
79.
2011
Iowa
Acts,
chapter
129,
section
115,
9
subsection
2,
paragraph
b,
is
amended
by
striking
the
10
paragraph.
11
Sec.
80.
2011
Iowa
Acts,
chapter
130,
section
69,
subsection
12
2,
is
amended
by
striking
the
subsection.
13
Sec.
81.
2011
Iowa
Acts,
chapter
131,
section
48,
is
amended
14
to
read
as
follows:
15
SEC.
48.
SALARY
MODEL
ADMINISTRATOR.
The
salary
model
16
administrator
shall
work
in
conjunction
with
the
legislative
17
services
agency
to
maintain
the
state’s
salary
model
used
for
18
analyzing,
comparing,
and
projecting
state
employee
salary
19
and
benefit
information,
including
information
relating
to
20
employees
of
the
state
board
of
regents.
The
department
of
21
revenue,
the
department
of
administrative
services,
the
five
22
institutions
under
the
jurisdiction
of
the
state
board
of
23
regents,
the
judicial
district
departments
of
correctional
24
services,
and
the
state
department
of
transportation
shall
25
provide
salary
data
to
the
department
of
management
and
the
26
legislative
services
agency
to
operate
the
state’s
salary
27
model.
The
format
and
frequency
of
provision
of
the
salary
28
data
shall
be
determined
by
the
department
of
management
and
29
the
legislative
services
agency.
The
information
shall
be
30
used
in
collective
bargaining
processes
under
chapter
20
and
31
in
calculating
the
funding
needs
contained
within
the
annual
32
salary
adjustment
legislation.
A
state
employee
organization
33
as
defined
in
section
20.3,
subsection
4
,
may
request
34
information
produced
by
the
model,
but
the
information
provided
35
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shall
not
contain
information
attributable
to
individual
1
employees.
2
Sec.
82.
2011
Iowa
Acts,
chapter
132,
section
15,
is
amended
3
by
striking
the
section
and
inserting
in
lieu
thereof
the
4
following:
5
SEC.
15.
Section
261E.9,
subsections
1
through
3,
Code
2011,
6
are
amended
to
read
as
follows:
7
1.
a.
A
regional
academy
is
a
program
established
by
8
a
school
district
to
which
multiple
school
districts
send
9
students
in
grades
nine
seven
through
twelve
,
and
which
may
10
include
internet-based
coursework
and
courses
delivered
via
the
11
Iowa
communications
network.
A
regional
academy
shall
include
12
in
its
curriculum
advanced
level
courses
and
may
include
in
its
13
curriculum
career
and
technical
courses
.
A
school
district
14
establishing
a
regional
academy
may
collaborate
and
partner
15
with,
enter
into
an
agreement
pursuant
to
chapter
28E
with,
16
or
enter
into
a
contract
with,
one
or
more
school
districts,
17
area
education
agencies,
community
colleges,
accredited
public
18
and
private
postsecondary
institutions,
accredited
nonpublic
19
schools,
businesses,
and
private
agencies
located
within
or
20
outside
of
the
state.
21
b.
The
purpose
of
a
regional
academy
established
pursuant
22
to
this
section
shall
be
to
build
a
culture
of
innovation
for
23
students
and
community,
to
diversify
educational
and
economic
24
opportunities
by
engaging
in
learning
experiences
that
involve
25
students
in
complex,
real-world
projects,
and
to
develop
26
regional
or
global
innovation
networks.
27
c.
If
a
school
district
establishing
a
regional
academy
in
28
accordance
with
this
section
submits
a
plan
to
the
department
29
for
approval
that
demonstrates
how
the
regional
academy
will
30
increase
and
assess
student
achievement
or
increase
and
assess
31
competency-based
learning
opportunities
for
students,
the
32
department
may
waive
or
modify
any
statutory
or
regulatory
33
provision
applicable
to
school
districts
except
the
department
34
shall
not
waive
or
modify
any
statutory
or
regulatory
provision
35
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relating
to
requirements
applicable
to
school
districts
1
under
chapters
11
,
21
,
22
,
216
,
216A
,
256B
,
279
,
284
,
and
2
285
;
or
relating
to
contracts
with
and
discharge
of
teachers
3
and
administrators
under
chapter
279
;
or
relating
to
audit
4
requirements
under
section
256.9,
subsection
20
,
and
section
5
279.29
.
6
2.
a.
A
regional
academy
course
shall
not
qualify
as
a
7
concurrent
enrollment
course
include
in
its
curriculum
advanced
8
level
courses
.
9
b.
A
regional
academy
may
include
in
its
curriculum
virtual
10
or
internet-based
coursework
and
courses
delivered
via
the
Iowa
11
communications
network,
career
and
technical
courses,
core
12
curriculum
coursework,
courses
required
pursuant
to
section
13
256.7,
subsection
26
,
or
section
256.11,
subsections
4
and
5
,
14
and
asynchronous
learning
networks.
15
3.
School
districts
participating
in
regional
academies
are
16
eligible
for
supplementary
weighting
as
provided
in
section
17
257.11,
subsection
2
.
The
school
districts
participating
in
18
the
regional
academy
shall
enter
into
an
agreement
on
how
the
19
funding
generated
by
the
supplementary
weighting
received
shall
20
be
used
and
shall
submit
the
agreement
to
the
department
for
21
approval
.
22
Sec.
83.
2011
Iowa
Acts,
chapter
134,
section
14,
subsection
23
7,
is
amended
to
read
as
follows:
24
7.
For
deposit
in
the
sick
leave
benefits
fund
established
25
under
section
80.42
for
all
departmental
employees
eligible
to
26
receive
benefits
for
accrued
sick
leave
under
the
collective
27
bargaining
agreement
:
28
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
279,517
29
Sec.
84.
REPEAL.
Sections
12.9,
70A.17A,
70A.19,
70A.37,
30
100B.8,
273.12,
and
602.11108,
Code
2011,
are
repealed.
31
Sec.
85.
REPEAL.
Chapter
20,
Code
2011,
is
repealed.
32
Sec.
86.
REPEAL.
2011
Iowa
Acts,
chapter
131,
section
47,
33
is
repealed.
34
Sec.
87.
RENEWAL
OR
MODIFICATION
OF
AGREEMENTS
35
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PROHIBITED.
On
and
after
the
effective
date
of
this
division
1
of
this
Act,
the
state
of
Iowa,
its
agencies,
departments,
2
boards,
commissions,
and
its
political
subdivisions
are
3
prohibited
from
renewing
or
modifying
any
collective
bargaining
4
agreement
entered
into
pursuant
to
chapter
20
as
codified
prior
5
to
the
effective
date
of
this
division
of
this
Act.
6
Sec.
88.
REPORT
ON
CHANGES
IN
LAW.
By
December
3,
2012,
7
any
agency,
department,
board,
or
commission
of
this
state
8
or
a
political
subdivision
affected
by
this
division
of
this
9
Act
may
submit
a
report
to
the
general
assembly
recommending
10
any
transition
provisions
and
any
changes
to
the
Code,
11
administrative
rules,
or
other
law
that
may
be
necessary
to
12
fully
implement
this
division
of
this
Act.
13
Sec.
89.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
14
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
15
enactment.
16
Sec.
90.
APPLICABILITY.
This
division
of
this
Act
does
not
17
apply
to
those
collective
bargaining
agreements
entered
into
18
before
the
effective
date
of
this
division
of
this
Act.
19
DIVISION
II
20
PUBLIC
EMPLOYMENT
RELATIONS
BOARD
TRANSITION
21
Sec.
91.
NEW
SECTION
.
8B.1
Purposes.
22
The
purposes
of
the
public
employment
relations
board
23
established
by
this
chapter
are
to
implement
provisions
of
the
24
Code
relating
to
the
board.
For
these
purposes
the
powers
25
and
duties
of
the
board
include
but
are
not
limited
to
the
26
following:
27
1.
Adjudicating
and
serving
as
arbitrators
regarding
state
28
merit
system
grievances.
29
2.
Collecting
and
disseminating
information
concerning
the
30
wages,
hours,
and
other
conditions
of
employment
of
public
31
employees.
32
3.
Preparing
legal
briefs
and
presenting
oral
arguments
in
33
the
district
court,
the
court
of
appeals,
and
the
supreme
court
34
in
cases
affecting
the
board.
35
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Sec.
92.
NEW
SECTION
.
8B.2
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Board”
means
the
public
employment
relations
board
4
established
under
section
8B.4.
5
2.
a.
“Confidential
employee”
means
any
public
employee
who
6
works
in
the
personnel
offices
of
a
public
employer
or
who
has
7
access
to
information
subject
to
use
by
the
public
employer
8
in
negotiating
or
who
works
in
a
close
continuing
working
9
relationship
with
public
officers
or
representatives
associated
10
with
negotiating
on
behalf
of
the
public
employer.
11
b.
“Confidential
employee”
also
includes
the
personal
12
secretary
of
any
of
the
following:
Any
elected
official
or
13
person
appointed
to
fill
a
vacancy
in
an
elective
office,
14
member
of
any
board
or
commission,
the
administrative
officer,
15
director,
or
chief
executive
officer
of
a
public
employer
or
16
major
division
thereof,
or
the
deputy
or
first
assistant
of
any
17
of
the
foregoing.
18
3.
“Professional
employee”
means
any
one
of
the
following:
19
a.
An
employee
engaged
in
work
meeting
all
of
the
following
20
criteria:
21
(1)
Predominantly
intellectual
and
varied
in
character
as
22
opposed
to
routine
mental,
manual,
mechanical,
or
physical
23
work.
24
(2)
Involving
the
consistent
exercise
of
discretion
and
25
judgment
in
its
performance.
26
(3)
Of
such
a
character
that
the
output
produced
or
the
27
result
accomplished
cannot
be
standardized
in
relation
to
a
28
given
period
of
time.
29
(4)
Requiring
knowledge
of
an
advanced
type
in
a
field
30
of
science
or
learning
customarily
acquired
by
a
prolonged
31
course
of
specialized
intellectual
instruction
and
study
in
an
32
institution
of
higher
learning
or
a
hospital,
as
distinguished
33
from
a
general
academic
education
or
from
an
apprenticeship
or
34
from
training
in
the
performance
of
routine
mental,
manual,
or
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physical
processes.
1
b.
An
employee
who
meets
all
of
the
following
criteria:
2
(1)
Has
completed
the
courses
of
specialized
intellectual
3
instruction
and
study
described
in
paragraph
“a”
,
subparagraph
4
(4).
5
(2)
Is
performing
related
work
under
the
supervision
of
6
a
professional
person
to
qualify
the
employee
to
become
a
7
professional
employee
as
defined
in
paragraph
“a”
.
8
4.
“Public
employee”
means
an
individual
employed
by
9
a
public
employer,
except
individuals
exempted
under
the
10
provisions
of
section
8B.3.
11
5.
“Public
employer”
means
the
state
of
Iowa,
its
boards,
12
commissions,
agencies,
departments,
and
its
political
13
subdivisions,
including
school
districts
and
other
special
14
purpose
districts.
15
Sec.
93.
NEW
SECTION
.
8B.3
Exclusions.
16
The
following
public
employees
shall
be
excluded
from
the
17
provisions
of
this
chapter:
18
1.
Elected
officials
and
persons
appointed
to
fill
19
vacancies
in
elective
offices,
and
members
of
any
board
or
20
commission.
21
2.
Representatives
of
a
public
employer,
including
the
22
administrative
officer,
director
or
chief
executive
officer
23
of
a
public
employer
or
major
division
thereof
as
well
as
24
the
officer’s
or
director’s
deputy,
first
assistant,
and
25
any
supervisory
employees.
“Supervisory
employee”
means
26
any
individual
having
authority
in
the
interest
of
the
27
public
employer
to
hire,
transfer,
suspend,
lay
off,
recall,
28
promote,
discharge,
assign,
reward,
or
discipline
other
public
29
employees,
or
the
responsibility
to
direct
them,
or
to
adjust
30
their
grievances,
or
effectively
to
recommend
such
action,
if,
31
in
connection
with
the
foregoing,
exercise
of
such
authority
32
is
not
of
a
merely
routine
or
clerical
nature,
but
requires
33
the
use
of
independent
judgment.
All
school
superintendents,
34
assistant
superintendents,
principals,
and
assistant
principals
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shall
be
deemed
to
be
supervisory
employees.
1
3.
Confidential
employees.
2
4.
Students
working
as
part-time
public
employees
twenty
3
hours
per
week
or
less,
except
graduate
or
other
postgraduate
4
students
in
preparation
for
a
profession
who
are
engaged
in
5
academically
related
employment
as
a
teaching,
research,
or
6
service
assistant.
7
5.
Temporary
public
employees
employed
for
a
period
of
four
8
months
or
less.
9
6.
Commissioned
and
enlisted
personnel
of
the
Iowa
national
10
guard.
11
7.
Judicial
officers,
and
confidential,
professional,
or
12
supervisory
employees
of
the
judicial
branch.
13
8.
Patients
and
inmates
employed,
sentenced,
or
committed
14
to
any
state
or
local
institution.
15
9.
Persons
employed
by
the
department
of
justice,
except
16
nonsupervisory
employees
of
the
consumer
advocate
division
who
17
are
employed
primarily
for
the
purpose
of
performing
technical
18
analysis
of
nonlegal
issues.
19
10.
Persons
employed
by
the
credit
union
division
of
the
20
department
of
commerce.
21
11.
Persons
employed
by
the
banking
division
of
the
22
department
of
commerce.
23
12.
The
appointee
serving
as
the
coordinator
of
the
office
24
of
renewable
fuels
and
coproducts,
as
provided
in
section
25
159A.3.
26
Sec.
94.
NEW
SECTION
.
8B.4
Public
employment
relations
27
board.
28
1.
A
board
to
be
known
as
the
public
employment
relations
29
board
is
established.
30
a.
The
board
shall
consist
of
three
members
appointed
by
the
31
governor,
subject
to
confirmation
by
the
senate.
In
selecting
32
the
members
of
the
board,
consideration
shall
be
given
to
their
33
knowledge,
ability,
and
experience.
No
more
than
two
members
34
shall
be
of
the
same
political
affiliation,
no
member
shall
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engage
in
any
political
activity
while
holding
office,
and
the
1
members
shall
devote
full
time
to
their
duties.
2
b.
The
members
shall
be
appointed
for
staggered
terms
of
3
four
years
beginning
and
ending
as
provided
in
section
69.19.
4
c.
The
member
first
appointed
for
a
term
of
four
years
shall
5
serve
as
chairperson
and
each
of
the
member’s
successors
shall
6
also
serve
as
chairperson.
7
d.
Any
vacancy
occurring
shall
be
filled
in
the
same
manner
8
as
regular
appointments
are
made.
9
2.
The
board
may
employ
such
persons
as
are
necessary
for
10
the
performance
of
its
functions.
Personnel
of
the
board
11
shall
be
employed
pursuant
to
the
provisions
of
chapter
8A,
12
subchapter
IV.
13
3.
The
chairperson
and
the
remaining
two
members
shall
be
14
compensated
as
provided
in
section
7E.6,
subsection
5.
Members
15
of
the
board
and
employees
of
the
board
shall
be
allowed
their
16
actual
and
necessary
expenses
incurred
in
the
performance
of
17
their
duties.
All
expenses
and
salaries
shall
be
paid
from
18
appropriations
for
such
purposes
and
the
board
shall
be
subject
19
to
the
budget
requirements
of
chapter
8.
20
Sec.
95.
NEW
SECTION
.
8B.5
General
powers
and
duties
of
21
the
board.
22
The
board
shall
do
all
of
the
following:
23
1.
Interpret,
apply,
and
administer
the
provisions
of
this
24
chapter.
25
2.
Collect,
for
public
employers
other
than
the
state
and
26
its
boards,
commissions,
departments,
and
agencies,
data
and
27
conduct
studies
relating
to
wages,
hours,
benefits,
and
other
28
terms
and
conditions
of
public
employment
and
make
the
same
29
available
to
any
interested
person
or
organization.
30
3.
Hold
hearings
and
administer
oaths,
examine
witnesses
31
and
documents,
take
testimony
and
receive
evidence,
issue
32
subpoenas
to
compel
the
attendance
of
witnesses
and
the
33
production
of
records,
and
delegate
such
power
to
a
member
34
of
the
board,
persons
appointed
or
employed
by
the
board,
35
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including
administrative
law
judges,
or
administrative
law
1
judges
employed
by
the
division
of
administrative
hearings
2
created
by
section
10A.801,
for
the
performance
of
its
3
functions.
The
board
may
petition
the
district
court
at
the
4
seat
of
government
or
of
the
county
where
a
hearing
is
held
to
5
enforce
a
board
order
compelling
the
attendance
of
witnesses
6
and
production
of
records.
7
4.
Adopt
rules
in
accordance
with
the
provisions
of
chapter
8
17A
as
it
may
deem
necessary
to
carry
out
the
purposes
of
this
9
chapter.
10
Sec.
96.
NEW
SECTION
.
8B.6
REPEAL.
11
This
chapter
is
repealed
on
June
30,
2017.
12
Sec.
97.
CONTINUITY
OF
DUTIES.
The
public
employment
13
relations
board
shall
continue
to
carry
out
all
duties
of
14
the
board
relating
to
public
employee
collective
bargaining
15
under
chapter
20
as
codified
prior
to
the
effective
date
of
16
division
I
of
this
Act,
until
the
expiration
or
termination
of
17
all
collective
bargaining
agreements
entered
into
pursuant
to
18
chapter
20
as
codified
prior
to
the
effective
date
of
division
19
I
of
this
Act.
20
Sec.
98.
REPORT
ON
CHANGES
IN
LAW.
By
December
3,
2012,
the
21
public
employment
relations
board
shall
submit
a
report
to
the
22
general
assembly
recommending
any
transition
provisions
and
any
23
changes
to
the
Code,
administrative
rules,
or
other
law
that
24
may
be
necessary
to
fully
implement
this
Act.
25
Sec.
99.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
26
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
27
enactment.
28
EXPLANATION
29
Division
I
of
this
bill
repeals
Code
chapter
20,
the
“Public
30
Employment
Relations
Act”.
Code
chapter
20
regulates
public
31
employees
who
are
eligible
to
collectively
bargain,
establishes
32
a
process
for
public
employee
collective
bargaining,
33
establishes
the
public
employment
relations
board,
and
34
provides
for
related
matters.
Division
I
strikes
references
35
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to
collective
bargaining
relating
to
Code
chapter
20
from
the
1
Iowa
Code.
2
Division
I
prohibits
the
state,
its
agencies,
departments,
3
boards,
commissions,
and
its
political
subdivisions
from
4
renewing
or
modifying
after
the
effective
date
of
division
I
5
any
collective
bargaining
agreement
entered
into
pursuant
to
6
Code
chapter
20
as
codified
prior
to
the
effective
date
of
7
division
I.
Division
I
provides
that
any
agency,
department,
8
board,
or
commission
of
the
state
or
a
political
subdivision
9
affected
by
division
I
may
submit
a
report
to
the
general
10
assembly
recommending
any
transition
provisions
and
any
changes
11
to
the
Code,
administrative
rules,
or
other
law
that
may
be
12
necessary
to
fully
implement
division
I.
Division
I
does
not
13
apply
to
collective
bargaining
agreements
entered
into
before
14
the
effective
date
of
division
I.
Division
I
takes
effect
upon
15
enactment.
16
Division
II
of
the
bill
transfers
provisions
of
Code
chapter
17
20
establishing
the
public
employment
relations
board
which
do
18
not
concern
public
employee
collective
bargaining
to
new
Code
19
chapter
8B.
Division
II
sets
out
certain
duties
of
the
board,
20
including
adjudicating
grievances
under
the
state
merit
system
21
and
collecting
and
disseminating
information
concerning
the
22
wages,
hours,
and
other
conditions
of
employment
of
certain
23
public
employees.
Code
chapter
8B
is
repealed
June
30,
2017.
24
Division
II
directs
the
public
employment
relations
board
to
25
continue
to
carry
out
all
duties
relating
to
public
employee
26
collective
bargaining
under
Code
chapter
20
as
codified
prior
27
to
the
effective
date
of
division
I,
until
the
expiration
or
28
termination
of
all
collective
bargaining
agreements
entered
29
into
pursuant
to
Code
chapter
20
as
codified
prior
to
the
30
effective
date
of
division
I.
Division
II
directs
the
public
31
employment
relations
board
to
submit
a
report
to
the
general
32
assembly
recommending
any
transition
provisions
and
any
changes
33
to
the
Code,
administrative
rules,
or
other
law
that
may
be
34
necessary
to
fully
implement
the
bill.
Division
II
takes
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effect
upon
enactment.
1
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