SF 2187 (LSB 5866XS (9) 84)

SENATE FILE 2187

BY  CHELGREN

A BILL FOR

An Act eliminating public employee collective bargaining and including effective date, applicability, and transition provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I

PUBLIC EMPLOYEE COLLECTIVE BARGAINING REPEAL.
    Section 1.  Section 1C.2, subsections 2 and 3, Code 2011, are amended to read as follows:
   2.
  a.  State employees are granted two days of paid leave each year to be added to the vacation allowance and accrued under the provisions of section 70A.1. In addition, an appointing authority shall grant not more than four additional days of paid leave each year as required to implement contract provisions negotiated pursuant to chapter 20.
   b.  The executive council may designate days off from employment with pay in addition to those enumerated in this section for state employees at its discretion.
   3.  If a holiday enumerated in this section falls on Saturday, the preceding Friday shall be granted and if a holiday enumerated in this section falls on Sunday, the following Monday shall be granted. In those cases, where by nature of the employment a state employee must be required to work on a holiday the provisions of subsection 1 shall not apply, however, compensation shall be made on the basis of the employee’s straight time hourly rate for a forty-hour workweek and shall be made in either compensatory time off or cash payment, at the discretion of the appointing authority unless otherwise provided for in a collective bargaining agreement. Notwithstanding any other provision of this section, an employee of the state who does not accrue sick leave or vacation, and who works on a holiday, shall receive regular pay for the hours worked on that holiday and shall not otherwise earn holiday compensatory pay.
    Sec. 2.  Section 2.10, subsection 8, Code 2011, is amended by striking the subsection.
    Sec. 3.  Section 2.40, subsection 1, paragraphs a and d, Code 2011, are amended to read as follows:
   a.  A member of the general assembly may elect to become a member of a state group insurance plan for employees of the state established under chapter 509A subject to the following conditions:
   (1)  The member shall be eligible for all state group insurance plans on the basis of enrollment rules established for full-time state employees excluded from collective bargaining as provided in chapter 20.
   (2)  The member shall pay the premium for the plan selected on the same basis as a full-time state employee excluded from collective bargaining as provided in chapter 20.
   (3)  The member shall authorize a payroll deduction of the premium due according to the member’s pay plan selected pursuant to section 2.10, subsection 4.
   (4)  The premium rate shall be the same as the premium rate paid by a state employee for the plan selected.
   d.  A member of the general assembly who elects to become a member of a state health or medical group insurance plan shall be exempted from preexisting medical condition waiting periods. A member of the general assembly may change programs or coverage under the state health or medical service group insurance plan during the month of January of odd-numbered years, but program and coverage change selections shall be subject to the enrollment rules established for full-time state employees excluded from collective bargaining as provided in chapter 20.
    Sec. 4.  Section 2.40, subsection 2, paragraphs a and e, Code 2011, are amended to read as follows:
   a.  The part-time employee shall be eligible for all state group insurance plans on the basis of enrollment rules established for full-time state employees excluded from collective bargaining as provided in chapter 20 and shall have the same rights to change programs or coverage as are afforded such state employees.
   e.  A member of a state group insurance plan pursuant to this subsection shall have the same rights upon final termination of employment as a part-time employee as are afforded full-time state employees excluded from collective bargaining as provided in chapter 20.
    Sec. 5.  Section 2C.11A, Code 2011, is amended to read as follows:
   2C.11A  Subjects for investigations —— disclosures of information.
   The office of citizens’ aide shall investigate a complaint filed by an employee who is not a merit system employee or an employee covered by a collective bargaining agreement and who alleges that adverse employment action has been taken against the employee in violation of section 70A.28, subsection 2. A complaint filed pursuant to this section shall be made within thirty calendar days following the effective date of the adverse employment action. The citizens’ aide shall investigate the matter and shall issue findings relative to the complaint in an expeditious manner.
    Sec. 6.  Section 8.56, subsection 3, Code 2011, is amended to read as follows:
   3.  The moneys in the cash reserve fund shall only be used pursuant to an appropriation made by the general assembly. An appropriation shall be made in accordance with subsection 4 only for the fiscal year in which the appropriation is made. The moneys shall only be appropriated by the general assembly for nonrecurring emergency expenditures and shall not be appropriated for payment of any collective bargaining agreement or arbitrator’s decision negotiated or awarded under chapter 20. Except as provided in section 8.58, the cash reserve fund shall be considered a special account for the purposes of section 8.53 in determining the cash position of the general fund of the state for the payment of state obligations.
    Sec. 7.  Section 8.58, Code Supplement 2011, is amended to read as follows:
   8.58  Exemption from automatic application.
   1.  To the extent that moneys appropriated under section 8.57 do not result in moneys being credited to the general fund under section 8.55, subsection 2, moneys appropriated under section 8.57 and moneys contained in the cash reserve fund, rebuild Iowa infrastructure fund, environment first fund, Iowa economic emergency fund, and taxpayers trust fund shall not be considered in the application of any formula, index, or other statutory triggering mechanism which would affect appropriations, payments, or taxation rates, contrary provisions of the Code notwithstanding.
   2.  To the extent that moneys appropriated under section 8.57 do not result in moneys being credited to the general fund under section 8.55, subsection 2, moneys appropriated under section 8.57 and moneys contained in the cash reserve fund, rebuild Iowa infrastructure fund, environment first fund, Iowa economic emergency fund, and taxpayers trust fund shall not be considered by an arbitrator or in negotiations under chapter 20.
    Sec. 8.  Section 8A.402, subsection 1, paragraph g, Code 2011, is amended by striking the paragraph.
    Sec. 9.  Section 8A.402, subsection 2, paragraph g, subparagraph (1), subparagraph division (b), Code 2011, is amended to read as follows:
   (b)  For the purposes of this paragraph “g”, “supervisory employee” means a public employee who is not a member of a collective bargaining unit and who has authority, in the interest of a public employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other public employees, to direct such public employees, or to adjust the grievances of such public employees, or to effectively recommend any such action.
    Sec. 10.  Section 8A.411, Code 2011, is amended to read as follows:
   8A.411  Merit system established —— collective bargaining —— applicability.
   1.  The general purpose of this subchapter is to establish for the state of Iowa a system of human resource administration based on merit principles and scientific methods to govern the appointment, compensation, promotion, welfare, development, transfer, layoff, removal, and discipline of its civil employees, and other incidents of state employment.
   2.  It is also the purpose of this subchapter to promote the coordination of personnel rules and policies with collective bargaining agreements negotiated under chapter 20.
   3.
  2.  All appointments and promotions to positions covered by the state merit system shall be made solely on the basis of merit and fitness, to be ascertained by examinations or other appropriate screening methods, except as otherwise specified in this subchapter.
   4.
  3.  Provisions of this subchapter pertaining to qualifications, examination, certification, probation, and just cause apply only to employees covered by the merit system.
    Sec. 11.  Section 8A.413, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   The department shall adopt rules for the administration of this subchapter pursuant to chapter 17A. Rulemaking shall be carried out with due regard to the terms of collective bargaining agreements. A rule shall not supersede a provision of a collective bargaining agreement negotiated under chapter 20. Notwithstanding any provisions to the contrary, a rule or regulation shall not be adopted by the department which would deprive the state of Iowa, or any of its agencies or institutions, of federal grants or other forms of financial assistance. The rules shall provide:
    Sec. 12.  Section 8A.413, subsections 3, 13, 16, 19, and 20, Code 2011, are amended to read as follows:
   3.  For pay plans covering all employees in the executive branch, excluding employees of the state board of regents, after consultation with the governor and appointing authorities, and consistent with the terms of collective bargaining agreements negotiated under chapter 20.
   13.  For transfer from a position in one state agency to a similar position in the same state agency or another state agency involving similar qualifications, duties, responsibilities, and salary ranges. Whenever an employee transfers or is transferred from one state agency to another state agency, the employee’s seniority rights, any accumulated sick leave, and accumulated vacation time, as provided in the law, shall be transferred to the new place of employment and credited to the employee. Employees who are subject to contracts negotiated under chapter 20 which include transfer provisions shall be governed by the contract provisions.
   16.  For layoffs by reason of lack of funds or work, or reorganization, and for the recall of employees so laid off, giving consideration in layoffs to the employee’s performance record and length of service. An employee who has been laid off may be on a recall list for one year, which list shall be exhausted by the organizational unit enforcing the layoff before selection of an employee may be made from the promotional or nonpromotional list in the employee’s classification. Employees who are subject to contracts negotiated under chapter 20 which include layoff and recall provisions shall be governed by the contract provisions.
   19.  For establishment of a uniform plan for resolving employee grievances and complaints. Employees who are subject to contracts negotiated under chapter 20 which include grievance and complaint provisions shall be governed by the contract provisions.
   20.
  a.  For attendance regulations, and special leaves of absence, with or without pay, or reduced pay, in the various classes of positions in the executive branch, excluding positions under the state board of regents.
   a.  Employees who are subject to contracts negotiated under chapter 20 which include leave of absence provisions shall be governed by the contract provisions.
   b.  Annual sick leave and vacation time shall be granted in accordance with section 70A.1.
    Sec. 13.  Section 8A.414, Code 2011, is amended to read as follows:
   8A.414  Experimental research projects.
   The director may conduct experimental or research personnel-related projects of limited duration designed to improve the quality of the employment system. The provisions of section 8A.413 or administrative rules adopted pursuant to that section are waived for the purposes of such projects. Projects adopted under this authority shall not violate existing collective bargaining agreements. Any projects that relate to issues covered by such agreements or issues that are mandatory subjects of collective bargaining are subject to negotiations as applicable. The director shall notify the chairpersons of the standing committees on appropriations of the senate and the house of representatives and the chairpersons of the appropriate subcommittees of those committees of the proposed projects. The notice from the director shall include the purpose of the project, a description of the project, and how the project will be evaluated. Chairpersons notified shall be given at least two weeks to review and comment on the proposal before the project is implemented. The director shall report the results of the experimental research projects conducted in the preceding fiscal year to the legislative council by September 30 of each year.
    Sec. 14.  Section 8A.415, subsection 1, paragraph a, Code 2011, is amended to read as follows:
   a.  An employee, except an employee covered by a collective bargaining agreement which provides otherwise, who has exhausted the available agency steps in the uniform grievance procedure provided for in the department rules may, within seven calendar days following the date a decision was received or should have been received at the second step of the grievance procedure, file the grievance at the third step with the director. The director shall respond within thirty calendar days following receipt of the third step grievance.
    Sec. 15.  Section 8A.415, subsection 2, paragraph a, Code 2011, is amended to read as follows:
   a.  A merit system employee, except an employee covered by a collective bargaining agreement, who is discharged, suspended, demoted, or otherwise receives a reduction in pay, except during the employee’s probationary period, may bypass steps one and two of the grievance procedure and appeal the disciplinary action to the director within seven calendar days following the effective date of the action. The director shall respond within thirty calendar days following receipt of the appeal.
    Sec. 16.  Section 8A.459, Code 2011, is amended to read as follows:
   8A.459  State employee pay and allowances —— electronic funds transfer.
   Effective July 1, 2011, notwithstanding
 
Notwithstanding any provision of law to the contrary, all pay and allowances to state employees shall be paid via electronic funds transfer, unless otherwise provided pursuant to a collective bargaining agreement. A state employee may elect to receive pay and allowances as paper warrants in lieu of electronic funds transfers, but the department shall charge an administrative fee for processing such paper warrants. However, the department may, for good cause shown, waive the administrative fee. The fee may be automatically deducted from the state employee’s pay and allowances before the warrant is issued to the state employee. 
    Sec. 17.  Section 8D.3, subsection 2, paragraph a, subparagraph (3), Code Supplement 2011, is amended to read as follows:
   (3)  The salary of the members of the commission shall be twelve thousand dollars per year, except that the salary of the chairperson shall be seventeen thousand dollars per year. Members of the commission shall also be reimbursed for all actual and necessary expenses incurred in the performance of duties as members. The benefits and salary paid to the members of the commission shall
 
may be adjusted annually equal to the average of the annual pay adjustments, expense reimbursements, and related benefits provided under collective bargaining agreements negotiated pursuant to chapter 20.
    Sec. 18.  Section 13.13, subsection 2, Code 2011, is amended to read as follows:
   2.  The farm assistance program coordinator shall contract with a nonprofit organization chartered in this state to provide mediation services as provided in chapters 654A, 654B, and 654C. The contract may be terminated by the coordinator upon written notice and for good cause. The organization awarded the contract is designated as the farm mediation service for the duration of the contract. The organization may, upon approval by the coordinator, provide mediation services other than as provided by law. The farm mediation service is not a state agency for the purposes of chapter 8A, subchapter IV, and chapters 20 and
 
chapter 669.
    Sec. 19.  Section 13.22, subsection 6, Code 2011, is amended to read as follows:
   6.  Cooperate to the fullest extent feasible with the existing informational and referral networks among farmers, farmer advocates, and others concerned with the economic crisis in agricultural areas. The legal services provider is not a state agency for the purposes of chapter 8A, subchapter IV, and chapters 20 and
 
chapter 669.
    Sec. 20.  Section 13.34, subsection 4, Code 2011, is amended to read as follows:
   4.  The contracting nonprofit organization is not a state agency for the purposes of chapter 8A, subchapter IV, and chapters 20 and
 
chapter 669.
    Sec. 21.  Section 15.106C, subsection 4, Code Supplement 2011, is amended to read as follows:
   4.  The director shall employ personnel as necessary to carry out the duties and responsibilities of the authority. For nonprofessional employees, employment shall be consistent with chapter 8A, subchapter IV. The employment of professional employees shall be exempt from the provisions of chapter 8A, subchapter IV, and chapter 20.
    Sec. 22.  Section 19B.12, subsection 7, Code 2011, is amended by striking the subsection.
    Sec. 23.  Section 21.9, Code 2011, is amended to read as follows:
   21.9  Employment conditions discussed.
   A meeting of a governmental body to discuss strategy in matters relating to employment conditions of employees of the governmental body who are not covered by a collective bargaining agreement under chapter 20 is exempt from this chapter. For the purpose of this section, “employment conditions” mean areas included in the scope of negotiations listed in section 20.9
 
means wages, hours, vacations, insurance, holidays, leaves of absence, shift differentials, overtime compensation, supplemental pay, seniority, transfer procedures, job classifications, health and safety matters, evaluation procedures, procedures for staff reduction, and in-service training.
    Sec. 24.  Section 28J.7, subsection 2, Code 2011, is amended by striking the subsection.
    Sec. 25.  Section 70A.1, subsection 4, Code 2011, is amended to read as follows:
   4.  Effective July 1, 2006, permanent
 
Permanent full-time and permanent part-time employees of state departments, boards, agencies, and commissions shall accrue sick leave as provided in this subsection which shall be credited to the employee’s sick leave account. The sick leave accrual rate for part-time employees shall be prorated to the accrual rate for full-time employees. The sick leave accrual rate for each complete month of full-time employment, excluding employees covered under a collective bargaining agreement which provides for a different rate of accrual, shall be as follows:

   a.  For employees of the state board of regents, one and one-half days.
   b.  For employees who are peace officers employed within the department of public safety or department of natural resources and who are not covered under a collective bargaining agreement, the rate shall be the same as the rate provided under the state police officers council collective bargaining agreement.
   c.
  b.  For all other employees, the rate shall be as follows:
   (1)  If the employee’s accrued sick leave balance is seven hundred fifty hours or less, one and one-half days.
   (2)  If the employee’s accrued sick leave balance is one thousand five hundred hours or less but more than seven hundred fifty hours, one day.
   (3)  If the employee’s accrued sick leave balance is more than one thousand five hundred hours, one-half day.
    Sec. 26.  Section 70A.1, subsection 7, Code 2011, is amended to read as follows:
   7.  State employees, excluding state board of regents’ faculty members with nine-month appointments, and employees covered under a collective bargaining agreement negotiated with the public safety bargaining unit who are eligible for accrued vacation benefits and accrued sick leave benefits, who have accumulated thirty days of sick leave, and who do not use sick leave during a full month of employment may elect to have up to one-half day of additional vacation added to the employee’s accrued vacation account. The additional vacation time added to an employee’s accrued vacation account for not using sick leave during a month is in lieu of the accrual of sick leave for that month. The amount of additional vacation for part-time employees shall be prorated to the amount of additional vacation authorized for full-time employees. The director of the department of administrative services may adopt the necessary rules and procedures for the implementation of this program for all state employees except employees of the state board of regents. The state board of regents may adopt necessary rules for the implementation of this program for its employees.
    Sec. 27.  Section 70A.20, subsection 4, Code 2011, is amended to read as follows:
   4.  All probationary and permanent full-time state employees shall be covered under the employees disability insurance program, except board members and members of commissions who are not full-time state employees, and state employees who on July 1, 1974, are under another disability program financed in whole or in part by the state, and state employees who have agreed to participation in another disability program through a collective bargaining agreement. For purposes of this section, members of the general assembly serving on or after January 1, 1989, are eligible for the plan during their tenure in office, on the basis of enrollment rules established for full-time state employees excluded from collective bargaining as provided in chapter 20.
    Sec. 28.  Section 70A.23, subsections 2, 3, and 4, Code 2011, are amended to read as follows:
   2.  An eligible state employee, excluding an employee covered under a collective bargaining agreement which provides otherwise, who retires and has applied for retirement benefits under an eligible retirement system, or who dies while in active employment, shall be credited with the number of accrued days of sick leave of the employee. The employee, or the employee’s estate, shall receive a cash payment of the monetary value of the employee’s accrued sick leave balance, not to exceed two thousand dollars. The value of the employee’s accrued sick leave balance shall be calculated by multiplying the number of hours of accrued sick leave by the employee’s regular hourly rate of pay at the time of retirement.
   3.
  a.  An eligible state employee, excluding an employee covered under a collective bargaining agreement which provides otherwise or an employee of the state board of regents, who retires and receives a payment as provided in subsection 2 shall be entitled to elect to have the employee’s available remaining value of sick leave used to pay the state share for the employee’s continuation of state group health insurance coverage pursuant to the requirements of this subsection.
   b.  An eligible state employee’s available remaining value of sick leave shall be calculated as follows:
   (1)  If the employee’s accrued sick leave balance prior to payment as provided in subsection 2 is seven hundred fifty hours or less, sixty percent of the value of the remaining accrued sick leave balance.
   (2)  If the employee’s accrued sick leave balance prior to payment as provided in subsection 2 is one thousand five hundred hours or less but more than seven hundred fifty hours, eighty percent of the value of the remaining accrued sick leave balance.
   (3)  If the employee’s accrued sick leave balance prior to payment as provided in subsection 2 is more than one thousand five hundred hours, one hundred percent of the value of the remaining accrued sick leave balance.
   c.  An eligible state employee’s available remaining value of sick leave shall be available to pay for that portion of the employee’s state group health insurance premium that would otherwise be paid for by the state if the employee were still a state employee. The benefits provided for in this subsection have no cash value and are not transferable to any other person, including the retiree’s spouse. Payment of state group health insurance premiums pursuant to this subsection continues until the earliest of when the eligible state employee’s available remaining value of sick leave is exhausted, the employee otherwise becomes eligible for federal Medicare program benefits, or the employee dies. In addition, an employee electing benefits pursuant to this subsection who is reinstated or reemployed in a permanent full-time or permanent part-time position within state government forfeits any remaining benefits for payment of state group health insurance benefits, and such employee is not eligible for restoration of the unused sick leave accrued during the employee’s prior employment with the state.
   4.  Notwithstanding any provision of this section to the contrary, peace officers employed within the department of public safety and the department of natural resources that are not covered under a collective bargaining agreement shall have a sick leave conversion program extended to them that is equivalent to the sick leave conversion program negotiated under chapter 20 between the state and the state police officers council labor union for peace officers
 
as determined by the commissioner of public safety and the director of the department of natural resources for their respective employees. In addition, an employee of the department of public safety or the department of natural resources who has earned benefits of payment of premiums under a collective bargaining agreement and who becomes a manager or supervisor and is no longer covered by the agreement shall not lose the benefits of payment of premiums earned while covered by the agreement. The payment shall be calculated by multiplying the number of hours of accumulated, unused sick leave by the employee’s hourly rate of pay at the time of retirement.
    Sec. 29.  Section 70A.28, subsection 6, Code 2011, is amended to read as follows:
   6.  Subsection 2 may also be enforced by an employee through an administrative action pursuant to the requirements of this subsection if the employee is not a merit system employee or an employee covered by a collective bargaining agreement. An employee eligible to pursue an administrative action pursuant to this subsection who is discharged, suspended, demoted, or otherwise receives a reduction in pay and who believes the adverse employment action was taken as a result of the employee’s disclosure of information that was authorized pursuant to subsection 2, may file an appeal of the adverse employment action with the public employment relations board within thirty calendar days following the later of the effective date of the action or the date a finding is issued to the employee by the office of the citizens’ aide pursuant to section 2C.11A. The findings issued by the citizens’ aide may be introduced as evidence before the public employment relations board. The employee has the right to a hearing closed to the public, but may request a public hearing. The hearing shall otherwise be conducted in accordance with the rules of the public employment relations board and the Iowa administrative procedure Act, chapter 17A. If the public employment relations board finds that the action taken in regard to the employee was in violation of subsection 2, the employee may be reinstated without loss of pay or benefits for the elapsed period, or the public employment relations board may provide other appropriate remedies. Decisions by the public employment relations board constitute final agency action.
    Sec. 30.  Section 70A.30, unnumbered paragraph 2, Code 2011, is amended to read as follows:
   The phased retirement incentive program is a retirement system for purposes of section 20.9, but is not retirement for purposes of chapter 97A, 97B, or 602 or for the employees who are members of the teachers insurance annuity association-college retirement equities fund (TIAA-CREF).
    Sec. 31.  Section 70A.39, subsection 2, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   Beginning July 1, 2003, state
 
State employees, excluding employees covered under a collective bargaining agreement which provides otherwise, shall be granted leaves of absence in accordance with the following:
    Sec. 32.  Section 76.16A, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   A city, county, or other political subdivision may become a debtor under chapter nine of the federal bankruptcy code, 11 U.S.C. § 901 et seq., if it is rendered insolvent, as defined in 11 U.S.C. § 101(32)(c), as a result of a debt involuntarily incurred. As used herein, “debt” means an obligation to pay money, other than pursuant to a valid and binding collective bargaining agreement or previously authorized bond issue, as to which the governing body of the city, county, or other political subdivision has made a specific finding set forth in a duly adopted resolution of each of the following:
    Sec. 33.  Section 80.8, subsection 3, paragraphs a, c, d, and e, Code 2011, are amended to read as follows:
   a.  The salaries of peace officers and employees of the department and the expenses of the department shall be provided for by a legislative appropriation. The compensation of peace officers of the department shall be fixed according to grades as to rank and length of service by the commissioner with the approval of the department of administrative services, unless covered by a collective bargaining agreement that provides otherwise.
   c.  While on active duty, each peace officer shall also receive a flat daily sum as fixed by the commissioner for meals unless the amount of the flat daily sum is covered by a collective bargaining agreement that provides otherwise.
   d.  A collective bargaining agreement entered into between the state and a state employee organization under chapter 20 made final after July 1, 1977, shall not include any pay adjustment to longevity pay authorized under this section.
   e.
  d.  Peace officers of the department excluded from the provisions of chapter 20 who are injured in the line of duty shall receive paid time off in the same manner as provided to peace officers of the department covered by a collective bargaining agreement entered into between the state and the employee organization representing such covered peace officers under chapter 20
 
as fixed by the commissioner.
    Sec. 34.  Section 80.15, Code 2011, is amended to read as follows:
   80.15  Examination —— oath —— probation —— discipline —— dismissal.
   An applicant to be a peace officer in the department shall not be appointed as a peace officer until the applicant has passed a satisfactory physical and mental examination. In addition, the applicant must be a citizen of the United States and be not less than twenty-two years of age. However, an applicant applying for assignment to provide protection and security for persons and property on the grounds of the state capitol complex or a peace officer candidate shall not be less than eighteen years of age. The mental examination shall be conducted under the direction or supervision of the commissioner and may be oral or written or both. An applicant shall take an oath on becoming a peace officer of the department, to uphold the laws and Constitution of the United States and Constitution of the State of Iowa. During the period of twelve months after appointment, a peace officer of the department is subject to dismissal at the will of the commissioner. After the twelve months’ service, a peace officer of the department, who was appointed after having passed the examinations, is not subject to dismissal, suspension, disciplinary demotion, or other disciplinary action resulting in the loss of pay unless charges have been filed with the department of inspections and appeals and a hearing held by the employment appeal board created by section 10A.601, if requested by the peace officer, at which the peace officer has an opportunity to present a defense to the charges. The decision of the appeal board is final, subject to the right of judicial review in accordance with the terms of the Iowa administrative procedure Act, chapter 17A. However, these procedures as to dismissal, suspension, demotion, or other discipline do not apply to a peace officer who is covered by a collective bargaining agreement which provides otherwise, and do not apply to the demotion of a division head to the rank which the division head held at the time of appointment as division head, if any. A division head who is demoted has the right to return to the rank which the division head held at the time of appointment as division head, if any. All rules, except employment provisions negotiated pursuant to chapter 20, regarding the enlistment, appointment, and employment affecting the personnel of the department shall be established by the commissioner in consultation with the director of the department of administrative services, subject to approval by the governor.
    Sec. 35.  Section 80.18, unnumbered paragraph 2, Code 2011, is amended to read as follows:
   The department may expend moneys from the support allocation of the department as reimbursement for replacement or repair of personal items of the department’s peace officers or employees damaged or destroyed during a peace officer’s or employee’s course of employment. However, the reimbursement shall not exceed the greater of one hundred fifty dollars or the amount agreed to under the collective bargaining agreement for each item. The department shall adopt rules in accordance with chapter 17A to administer this paragraph.
    Sec. 36.  Section 80.42, subsection 1, Code 2011, is amended to read as follows:
   1.  A sick leave benefits fund is established in the office of the treasurer of state under the control of the department of public safety. The moneys annually credited to the fund are appropriated to the department to pay health and life insurance monthly premium costs for retired departmental employees and beneficiaries who are eligible to receive benefits for accrued sick leave under the collective bargaining agreement with the state police officers council or pursuant to section 70A.23.
    Sec. 37.  Section 80F.1, subsections 5, 11, 17, and 19, Code 2011, are amended to read as follows:
   5.  An officer who is the subject of a complaint, shall at a minimum, be provided a written summary of the complaint prior to an interview. If a collective bargaining agreement applies, the complaint or written summary shall be provided pursuant to the procedures established under the collective bargaining agreement. If the complaint alleges domestic abuse, sexual abuse, or sexual harassment, an officer shall not receive more than a written summary of the complaint.
   11.  If an interview is conducted while an officer is off duty, the officer shall be compensated as provided by law, or as provided in the applicable collective bargaining agreement.
   17.  The rights enumerated in this section are in addition to any other rights granted pursuant to a collective bargaining agreement or other applicable law.
   19.  If a formal administrative investigation results in removal, discharge, suspension, or disciplinary action against an officer, and the officer alleges in writing a violation of the provisions of this section, the municipality, county, or state agency employing the officer shall hold in abeyance for a period of ten days any punitive action taken as a result of the investigation, including a reprimand. An allegation of a violation of this section may be raised and given due consideration in any properly authorized grievance or appeal exercised by an officer, including but not limited to a grievance or appeal exercised pursuant to the terms of an applicable collective bargaining agreement and an appeal right exercised under section 341A.12 or 400.20.
    Sec. 38.  Section 84C.2, subsection 8, Code 2011, is amended to read as follows:
   8.  “Part-time employee” means an employee who is employed for an average of fewer than twenty hours per week or an employee, including a full-time employee, who has been employed for fewer than six of the twelve months preceding the date on which notice is required. However, if an applicable collective bargaining agreement defines a part-time employee, such definition shall supersede the definition in this subsection.
    Sec. 39.  Section 84C.3, subsection 1, paragraph a, Code 2011, is amended to read as follows:
   a.  An employer who plans a business closing or a mass layoff shall not order such action until the end of a thirty-day period which begins after the employer serves written notice of such action to the affected employees or their representatives and to the department. However, if an applicable collective bargaining agreement designates a different notice period, the notice period in the collective bargaining agreement shall govern. The employer shall provide notice to the department if the worker is covered by a collective bargaining agreement.
    Sec. 40.  Section 99D.6, Code 2011, is amended to read as follows:
   99D.6  Chairperson —— administrator —— employees —— duties —— bond.
   The commission shall elect in July of each year one of its members as chairperson for the succeeding year. The commission shall appoint an administrator of the commission subject to confirmation by the senate. The administrator shall serve a four-year term. The term shall begin and end in the same manner as set forth in section 69.19. A vacancy shall be filled for the unexpired portion of the term in the same manner as a full-term appointment is made. The administrator may hire other assistants and employees as necessary to carry out the commission’s duties. Employees in the positions of equine veterinarian, canine veterinarian, and equine steward shall be exempt from the merit system provisions of chapter 8A, subchapter IV, and shall not be covered by a collective bargaining agreement. Some or all of the information required of applicants in section 99D.8A, subsections 1 and 2, may also be required of employees of the commission if the commission deems it necessary. The administrator shall keep a record of the proceedings of the commission and preserve the books, records, and documents entrusted to the administrator’s care. The administrator shall be covered by the blanket surety bond of the state purchased pursuant to section 8A.321, subsection 12. The compensation and employment terms of the administrator shall be set by the governor, taking into consideration the level of knowledge and experience of the administrator. The commission shall have its headquarters in the city of Des Moines and shall meet in July of each year and at other times and places as it finds necessary for the discharge of its duties.
    Sec. 41.  Section 99G.10, subsection 2, Code 2011, is amended to read as follows:
   2.  Subject to the approval of the board, the chief executive officer shall have the sole power to designate particular employees as key personnel, but may take advice from the department of administrative services in making any such designations. All key personnel shall be exempt from the merit system described in chapter 8A, subchapter IV. The chief executive officer and the board shall have the sole power to employ, classify, and fix the compensation of key personnel. All other employees shall be employed, classified, and compensated in accordance with chapter 8A, subchapter IV, and chapter 20.
    Sec. 42.  Section 135C.35, subsection 3, Code 2011, is amended by striking the subsection.
    Sec. 43.  Section 185.34, subsection 2, paragraph a, Code 2011, is amended to read as follows:
   a.  Except as provided in paragraph “b”, the board is not a state agency or a governmental entity as defined in section 8A.101, public employer as defined in section 20.3, or an authority or instrumentality of the state.
    Sec. 44.  Section 235A.15, subsection 5, Code Supplement 2011, is amended to read as follows:
   5.  Access to disposition data subject to placement in the central registry pursuant to section 232.71D is authorized to the department of administrative services or to the personnel office of a public employer, as defined in section 20.3, as necessary for presentation in grievance or arbitration procedures provided for in sections
 
section 8A.415 and 20.18. Disposition data introduced into a grievance or arbitration proceeding shall not be considered a part of the public record of a case.
    Sec. 45.  Section 235E.2, subsection 13, paragraph a, subparagraph (1), Code 2011, is amended to read as follows:
   (1)  The alleged dependent adult abuser is part of a bargaining unit that is party to a collective bargaining agreement under chapter 20 or any other applicable state or federal law.
    Sec. 46.  Section 252B.27, subsection 2, paragraph b, Code 2011, is amended to read as follows:
   b.  Employees in full-time positions that transition from county government to state government employment under this subsection are exempt from testing, selection, and appointment provisions of chapter 8A, subchapter IV, and from the provisions of collective bargaining agreements relating to the filling of vacant positions.
    Sec. 47.  Section 256.9, subsection 61, paragraph b, Code Supplement 2011, is amended by striking the paragraph.
    Sec. 48.  Section 256.20, unnumbered paragraph 3, Code 2011, is amended by striking the unnumbered paragraph.
    Sec. 49.  Section 256.21, subsection 2, paragraph a, Code 2011, is amended to read as follows:
   a.  A sabbatical grant to a teacher shall be equal to the annual salary specified in a teacher’s contract pursuant to the salary schedule adopted by the board of directors or negotiated under chapter 20 plus the cost to the district of the fringe benefits of the teacher. The grant shall be paid to the school district, and the district shall continue to pay the teacher’s regular compensation as well as the cost to the district of the substitute teacher. Teachers and boards of school districts are encouraged to seek funding from other sources to pay the costs of sabbaticals for teachers. Grant moneys are miscellaneous income for purposes of chapter 257.
    Sec. 50.  Section 256F.4, subsection 2, paragraph h, Code 2011, is amended to read as follows:
   h.  Be subject to and comply with chapters 20 and
 
chapter 279 relating to contracts with and discharge of teachers and administrators.
    Sec. 51.  Section 260C.18D, subsection 4, Code 2011, is amended to read as follows:
   4.  Eligible instructors.  Moneys distributed to a community college under this section shall be allocated to all full-time, nonadministrative instructors and part-time instructors covered by a collective bargaining agreement. The moneys shall be allocated by negotiated agreements according to chapter 20. If no language exists, the
 
The moneys shall be allocated equally to all full-time, nonadministrative instructors with part-time instructors covered by a collective bargaining agreement receiving a prorated share of the fund.
    Sec. 52.  Section 260C.39, subsection 3, Code 2011, is amended to read as follows:
   3.  The terms of employment of personnel, for the academic year following the effective date of the agreement to combine the merged areas shall not be affected by the combination of the merged areas, except in accordance with the procedures under sections 279.15 to 279.18 and section 279.24, to the extent those procedures are applicable, or under the terms of the base bargaining agreement. The authority and responsibility to offer new contracts or to continue, modify, or terminate existing contracts pursuant to any applicable procedures under chapter 279, shall be transferred to the acting, and then to the new, board of the combined merged area upon certification of a favorable vote to each of the merged areas affected by the agreement. The collective bargaining agreement of the merged area receiving the greatest amount of general state aid shall serve as the base agreement for the combined merged area and the employees of the merged areas which combined to form the new combined merged area shall automatically be accreted to the bargaining unit from that former merged area for purposes of negotiating the contracts for the following years without further action by the public employment relations board. If only one collective bargaining agreement is in effect among the merged areas which are combining under this section, then that agreement shall serve as the base agreement, and the employees of the merged areas which are combining to form the new combined merged area shall automatically be accreted to the bargaining unit of that former merged area for purposes of negotiating the contracts for the following years without further action by the public employment relations board. The board of the combined merged area, using the base agreement as its existing contract, shall bargain with the combined employees of the merged areas that have agreed to combine for the academic year beginning with the effective date of the agreement to combine merged areas. The bargaining shall be completed by March 15 prior to the academic year in which the agreement to combine merged areas becomes effective or within one hundred eighty days after the organization of the acting board of the new combined merged area, whichever is later. If a bargaining agreement was already concluded in the former merged area which has the collective bargaining agreement that is serving as the base agreement for the new combined merged area, between the former merged area board and the employees of the former merged area, that agreement is void, unless the agreement contained multiyear provisions affecting academic years subsequent to the effective date of the agreement to form a combined merged area. If the base collective bargaining agreement contains multiyear provisions, the duration and effect of the agreement shall be controlled by the terms of the agreement. The provisions of the base agreement shall apply to the offering of new contracts, or the continuation, modification, or termination of existing contracts between the acting or new board of the combined merged area and the combined employees of the new combined merged area.
    Sec. 53.  Section 262.9, subsection 16, Code Supplement 2011, is amended by striking the subsection.
    Sec. 54.  Section 262.9C, subsection 3, Code 2011, is amended to read as follows:
   3.  For the purposes of this section, “supervisory employee” means a public employee who is not a member of a collective bargaining unit and who has authority, in the interest of a public employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other public employees, to direct such public employees, or to adjust the grievances of such public employees, or to effectively recommend any such action.
    Sec. 55.  Section 273.22, subsection 2, Code 2011, is amended by striking the subsection.
    Sec. 56.  Section 275.33, subsection 2, Code 2011, is amended by striking the subsection.
    Sec. 57.  Section 279.10, subsection 3, paragraph c, Code 2011, is amended by striking the paragraph.
    Sec. 58.  Section 279.13, subsection 3, Code 2011, is amended by striking the subsection.
    Sec. 59.  Section 279.14, Code 2011, is amended to read as follows:
   279.14  Evaluation criteria and procedures.
   1.  The board shall establish evaluation criteria and shall implement evaluation procedures. If an exclusive bargaining representative has been certified, the board shall negotiate in good faith with respect to evaluation procedures pursuant to chapter 20.
   2.  The determination of standards of performance expected of school district personnel shall be reserved as an exclusive management right of the school board and shall not be subject to mandatory negotiations under chapter 20. Notwithstanding chapter 20, objections to the procedures, use, or content of an evaluation in a teacher termination proceeding brought before the school board in a hearing held in accordance with section 279.16 or 279.27 shall not be subject to the grievance procedures negotiated in accordance with chapter 20. A school district shall not be obligated to process any evaluation grievance after service of a notice and recommendation to terminate an individual’s continuing teaching contract in accordance with this chapter.
    Sec. 60.  Section 279.19, Code 2011, is amended to read as follows:
   279.19  Probationary period.
   The first three consecutive years of employment of a teacher in the same school district are a probationary period. However, if the teacher has successfully completed a probationary period of employment for another school district located in Iowa, the probationary period in the current district of employment shall not exceed one year. A board of directors may waive the probationary period for any teacher who previously has served a probationary period in another school district and the board may extend the probationary period for an additional year with the consent of the teacher.
   In the case of the termination of a probationary teacher’s contract, the provisions of sections 279.15 and 279.16 shall apply. However, if the probationary teacher is a beginning teacher who fails to demonstrate competence in the Iowa teaching standards in accordance with chapter 284, the provisions of sections 279.17 and 279.18 shall also apply.
   The board’s decision shall be final and binding unless the termination was based upon an alleged violation of a constitutionally guaranteed right of the teacher or an alleged violation of public employee rights of the teacher under section 20.10.
   Notwithstanding any provision to the contrary, the grievance procedures of section 20.18 relating to job performance or job retention shall not apply to a teacher during the first two years of the teacher’s probationary period. However, this paragraph shall not apply to a teacher who has successfully completed a probationary period in a school district in Iowa.
    Sec. 61.  Section 279.19A, subsection 6, Code 2011, is amended by striking the subsection.
    Sec. 62.  Section 279.23, subsection 4, Code 2011, is amended to read as follows:
   4.  For purposes of this section and sections 279.23A, 279.24, and 279.25, the term “administrator” includes school superintendents, assistant superintendents, educational directors employed by school districts for grades kindergarten through twelve, educational directors employed by area education agencies under chapter 273, principals, assistant principals, other certified school supervisors employed by school districts for grades kindergarten through twelve as defined under section 20.4, and other certified school supervisors employed by area education agencies under chapter 273. For purposes of this section and sections 279.23A, 279.24, and 279.25, with regard to community college employees, “administrator” includes the administrator of an instructional division or an area of instructional responsibility, and the administrator of an instructional unit, department, or section.
    Sec. 63.  Section 280.15, subsection 2, paragraph a, Code 2011, is amended to read as follows:
   a.  When a special education personnel pooling agreement, which has been entered into between an area education agency and a public school district pursuant to section 273.5, is terminated, the public school district shall assume the contractual obligations for any teachers assigned to the district under the agreement. Teachers, for whom the contractual obligations are assumed by a district, shall be given credit for completion of any probationary status under section 279.19, be placed on the salary schedule and retain all leaves, benefits, and seniority rights accumulated as if the teacher had been originally
 
contractually employed under the agreement which exists between
 
by the public school district and the district’s collective bargaining unit, consistent with the teacher’s education and experience.
    Sec. 64.  Section 284.3, subsection 2, paragraphs a and b, Code 2011, are amended to read as follows:
   a.  For purposes of comprehensive evaluations for beginning teachers required to allow beginning teachers to progress to career teachers, standards and criteria that are the Iowa teaching standards specified in subsection 1 and the criteria for the Iowa teaching standards developed by the department in accordance with section 256.9, subsection 46. These standards and criteria shall be set forth in an instrument provided by the department. The comprehensive evaluation and instrument are not subject to negotiations or grievance procedures pursuant to chapter 20 or determinations made by the board of directors under section 279.14. A local school board and its certified bargaining representative may negotiate, pursuant to chapter 20, evaluation and grievance procedures for beginning teachers that are not in conflict with this chapter. If, in accordance with section 279.19, a beginning teacher appeals the determination of a school board to an adjudicator under section 279.17, the adjudicator selected shall have successfully completed training related to the Iowa teacher standards, the criteria adopted by the state board of education in accordance with subsection 3, and any additional training required under rules adopted by the public employment relations board in cooperation with the state board of education.
   b.  For purposes of performance reviews for teachers other than beginning teachers, evaluations that contain, at a minimum, the Iowa teaching standards specified in subsection 1, as well as the criteria for the Iowa teaching standards developed by the department in accordance with section 256.9, subsection 46. A local school board and its certified bargaining representative may negotiate, pursuant to chapter 20, additional teaching standards and criteria. A local school board and its certified bargaining representative shall negotiate, pursuant to chapter 20, evaluation and grievance procedures for teachers other than beginning teachers that are not in conflict with this chapter.
    Sec. 65.  Section 284.3A, subsections 1 and 2, Code 2011, are amended to read as follows:
   1.
  a.  For the school year beginning July 1, 2009, if the licensed employees of a school district or area education agency receiving funds pursuant to sections 257.10 and 257.37A are organized under chapter 20 for collective bargaining purposes, the school board and the certified bargaining representative for the licensed employees shall negotiate the distribution of the funds among the teachers employed by the school district or area education agency according to chapter 20.
   b.  If the licensed employees of a school district or area education agency are not organized for collective bargaining purposes, the board of directors shall determine the method of distribution of such funds.
   c.  For the school years beginning July 1, 2008, and July 1, 2009, a school district or area education agency receiving funds pursuant to sections 257.10 and 257.37A, shall determine the amount to be paid to teachers in accordance with this subsection and the amount determined to be paid to an individual teacher shall be divided evenly by the appropriate number of pay periods and paid in each pay period of the fiscal year beginning with the October payroll.
   2.
  a.  For the school budget year beginning July 1, 2010, and each succeeding school year, school districts and area education agencies shall combine payments made to teachers under sections 257.10 and 257.37A with regular wages to create a combined salary. The teacher contract issued under section 279.13 must include the combined salary. If a school district or area education agency uses a salary schedule, a combined salary schedule shall be used for regular wages and for distribution of payments under sections 257.10 and 257.37A, incorporating the salary minimums required in section 284.7. The combined salary schedule must use only the combined salary and cannot differentiate regular salaries and distribution of payments under sections 257.10 and 257.37A.
   b.  If the licensed employees of a school district or area education agency are organized under chapter 20 for collective bargaining purposes, the creation of the new combined salary shall be subject to the scope of negotiations specified in section 20.9. A reduction in the teacher salary supplement per pupil amount shall also be subject to the scope of negotiations specified in section 20.9.
   c.
  b.  If the licensed employees of a school district or area education agency are not organized for collective bargaining purposes, the
 
The board of directors shall create the new combined salary. The board of directors shall determine adjustments in salaries resulting from a reduction in the teacher salary supplement per pupil amount.
    Sec. 66.  Section 284.4, subsection 1, paragraph c, subparagraphs (1) and (5), Code 2011, are amended to read as follows:
   (1)  Monitor the implementation of the requirements of statutes and administrative code provisions relating to this chapter, including requirements that affect any agreement negotiated pursuant to chapter 20.
   (5)  Ensure the agreement negotiated pursuant to chapter 20 determines the compensation for teachers on the committee for work responsibilities required beyond the normal work day.
    Sec. 67.  Section 284.8, subsection 2, Code 2011, is amended to read as follows:
   2.  If a supervisor or an evaluator determines, at any time, as a result of a teacher’s performance that the teacher is not meeting district expectations under the Iowa teaching standards specified in section 284.3, subsection 1, paragraphs “a” through “h”,
 
and the criteria for the Iowa teaching standards developed by the department in accordance with section 256.9, subsection 46, and any other standards or criteria established in the collective bargaining agreement, the evaluator shall, at the direction of the teacher’s supervisor, recommend to the district that the teacher participate in an intensive assistance program. The intensive assistance program and its implementation are subject to negotiation and grievance procedures established pursuant to chapter 20. All school districts shall be prepared to offer an intensive assistance program.
    Sec. 68.  Section 314.1A, subsection 3, Code 2011, is amended to read as follows:
   3.  The rules shall include definitions concerning types of projects and uniform requirements and definitions that cities and counties under subsection 1 and governmental entities under subsection 2 shall use in determining costs for such projects. The department shall establish horizontal and vertical infrastructure advisory committees composed of representatives of public sector agencies,
 
and private sector vertical and horizontal contractor organizations, and certified public employee collective bargaining organizations to make recommendations for such rules.
    Sec. 69.  Section 331.324, subsection 1, paragraph a, Code 2011, is amended by striking the paragraph.
    Sec. 70.  Section 400.8A, Code 2011, is amended to read as follows:
   400.8A  Guidelines for ongoing fitness for police officers and fire fighters.
   The board of trustees of the fire and police retirement system established by section 411.5, in consultation with the medical board established in section 411.5, shall establish and maintain protocols and guidelines for ongoing wellness and fitness for police officers and fire fighters while in service. The board of trustees may change the protocols and guidelines at any time the board so determines. The protocols and guidelines shall be established by the board of trustees for the consideration of cities covered by this chapter and may be applied by a city for the purpose of determining continued wellness and fitness for members of the city’s police and fire departments. However, the protocols and guidelines shall not be applied to members of a police or fire department of a city who are covered by chapter 20 except through the collective bargaining process as provided under chapter 20. The medical board established in section 411.5 shall provide to cities and fire and police departments assistance regarding the possible implementation and operation of the protocols and guidelines for ongoing wellness and fitness provided by this section. For purposes of this section, “wellness and fitness” means the process by which police officers and fire fighters maintain fitness for duty.
    Sec. 71.  Section 400.18, subsection 3, Code 2011, is amended to read as follows:
   3.  A person subject to a hearing has the right to be represented by counsel at the person’s expense or by the person’s authorized collective bargaining representative.
    Sec. 72.  Section 400.26, Code 2011, is amended to read as follows:
   400.26  Public trial.
   The trial of all appeals shall be public, and the parties may be represented by counsel or by the parties’ authorized collective bargaining representative.
    Sec. 73.  Section 411.39, subsection 4, Code 2011, is amended to read as follows:
   4.  Participating employees shall be exempted from preexisting medical condition waiting periods. Participating employees may change programs or coverage under the state health or medical service group insurance plan subject to the enrollment rules established for full-time state employees excluded from collective bargaining as provided in chapter 20. A participating employee or the participating employee’s surviving spouse shall have the same rights upon final termination of employment or death as are afforded full-time state employees and the employees’ surviving spouses excluded from collective bargaining as provided in chapter 20.
    Sec. 74.  Section 412.2, subsection 1, Code 2011, is amended to read as follows:
   1.  From the proceeds of the assessments on the wages and salaries of employees, of any such waterworks system, or other municipally owned and operated public utility, eligible to receive the benefits thereof. Notwithstanding any provisions of section 20.9 to the contrary, a council, board of waterworks, or other board or commission which establishes a pension and annuity retirement system pursuant to this chapter, shall negotiate in good faith with a certified employee organization as defined in section 20.3, which is the collective bargaining representative of the employees, with respect to the amount or rate of the assessment on the wages and salaries of employees and the method or methods for payment of the assessment by the employees.
    Sec. 75.  Section 602.1401, subsections 3 and 6, Code 2011, are amended by striking the subsections.
    Sec. 76.  Section 905.4, subsection 2, Code 2011, is amended to read as follows:
   2.  Employ a director having the qualifications required by section 905.6 to head the district department’s community-based correctional program and, within a range established by the Iowa department of corrections, fix the compensation of and have control over the director and the district department’s staff. For purposes of collective bargaining under chapter 20, employees of the district board who are not exempt from chapter 20 are employees of the state, and the employees of all of the district boards shall be included within one collective bargaining unit.
    Sec. 77.  2011 Iowa Acts, chapter 118, section 19, subsection 1, is amended to read as follows:
   1.  All employees of the department of economic development shall be considered employees of the economic development authority upon the elimination of the former and creation of the latter. If an employee of the department is an employee covered under the collective bargaining provisions of chapter 20, then that employee shall also be covered under chapter 20 upon employment with the authority.
    Sec. 78.  2011 Iowa Acts, chapter 118, section 51, subsection 5, is amended by striking the subsection.
    Sec. 79.  2011 Iowa Acts, chapter 129, section 115, subsection 2, paragraph b, is amended by striking the paragraph.
    Sec. 80.  2011 Iowa Acts, chapter 130, section 69, subsection 2, is amended by striking the subsection.
    Sec. 81.  2011 Iowa Acts, chapter 131, section 48, is amended to read as follows:
   SEC. 48.
  SALARY MODEL ADMINISTRATOR.  The salary model administrator shall work in conjunction with the legislative services agency to maintain the state’s salary model used for analyzing, comparing, and projecting state employee salary and benefit information, including information relating to employees of the state board of regents. The department of revenue, the department of administrative services, the five institutions under the jurisdiction of the state board of regents, the judicial district departments of correctional services, and the state department of transportation shall provide salary data to the department of management and the legislative services agency to operate the state’s salary model. The format and frequency of provision of the salary data shall be determined by the department of management and the legislative services agency. The information shall be used in collective bargaining processes under chapter 20 and in calculating the funding needs contained within the annual salary adjustment legislation. A state employee organization as defined in section 20.3, subsection 4, may request information produced by the model, but the information provided shall not contain information attributable to individual employees.
    Sec. 82.  2011 Iowa Acts, chapter 132, section 15, is amended by striking the section and inserting in lieu thereof the following:
   SEC. 15.  Section 261E.9, subsections 1 through 3, Code 2011, are amended to read as follows:
   1.
  a.  A regional academy is a program established by a school district to which multiple school districts send students in grades nine
 
seven through twelve, and which may include internet-based coursework and courses delivered via the Iowa communications network. A regional academy shall include in its curriculum advanced level courses and may include in its curriculum career and technical courses.

A school district establishing a regional academy may collaborate and partner with, enter into an agreement pursuant to chapter 28E with, or enter into a contract with, one or more school districts, area education agencies, community colleges, accredited public and private postsecondary institutions, accredited nonpublic schools, businesses, and private agencies located within or outside of the state.
   b.  The purpose of a regional academy established pursuant to this section shall be to build a culture of innovation for students and community, to diversify educational and economic opportunities by engaging in learning experiences that involve students in complex, real-world projects, and to develop regional or global innovation networks.
   c.  If a school district establishing a regional academy in accordance with this section submits a plan to the department for approval that demonstrates how the regional academy will increase and assess student achievement or increase and assess competency-based learning opportunities for students, the department may waive or modify any statutory or regulatory provision applicable to school districts except the department shall not waive or modify any statutory or regulatory provision relating to requirements applicable to school districts under chapters 11, 21, 22, 216, 216A, 256B, 279, 284, and 285; or relating to contracts with and discharge of teachers and administrators under chapter 279; or relating to audit requirements under section 256.9, subsection 20, and section 279.29.
   2.
  a.  A regional academy course shall not qualify as a concurrent enrollment course
 
include in its curriculum advanced level courses.
   b.  A regional academy may include in its curriculum virtual or internet-based coursework and courses delivered via the Iowa communications network, career and technical courses, core curriculum coursework, courses required pursuant to section 256.7, subsection 26, or section 256.11, subsections 4 and 5, and asynchronous learning networks.
   3.  School districts participating in regional academies are eligible for supplementary weighting as provided in section 257.11, subsection 2. The school districts participating in the regional academy shall enter into an agreement on how the funding generated by the supplementary weighting received shall be used and shall submit the agreement to the department for approval.
    Sec. 83.  2011 Iowa Acts, chapter 134, section 14, subsection 7, is amended to read as follows:
   7.  For deposit in the sick leave benefits fund established under section 80.42 for all departmental employees eligible to receive benefits for accrued sick leave under the collective bargaining agreement:
.................................................. $    279,517
    Sec. 84.  REPEAL.  Sections 12.9, 70A.17A, 70A.19, 70A.37, 100B.8, 273.12, and 602.11108, Code 2011, are repealed.
    Sec. 85.  REPEAL.  Chapter 20, Code 2011, is repealed.
    Sec. 86.  REPEAL.  2011 Iowa Acts, chapter 131, section 47, is repealed.
    Sec. 87.  RENEWAL OR MODIFICATION OF AGREEMENTS PROHIBITED.  On and after the effective date of this division of this Act, the state of Iowa, its agencies, departments, boards, commissions, and its political subdivisions are prohibited from renewing or modifying any collective bargaining agreement entered into pursuant to chapter 20 as codified prior to the effective date of this division of this Act.
    Sec. 88.  REPORT ON CHANGES IN LAW.  By December 3, 2012, any agency, department, board, or commission of this state or a political subdivision affected by this division of this Act may submit a report to the general assembly recommending any transition provisions and any changes to the Code, administrative rules, or other law that may be necessary to fully implement this division of this Act.
    Sec. 89.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 90.  APPLICABILITY.  This division of this Act does not apply to those collective bargaining agreements entered into before the effective date of this division of this Act.

DIVISION II

PUBLIC EMPLOYMENT RELATIONS BOARD TRANSITION
    Sec. 91.  NEW SECTION.  8B.1  Purposes.
   The purposes of the public employment relations board established by this chapter are to implement provisions of the Code relating to the board. For these purposes the powers and duties of the board include but are not limited to the following:
   1.  Adjudicating and serving as arbitrators regarding state merit system grievances.
   2.  Collecting and disseminating information concerning the wages, hours, and other conditions of employment of public employees.
   3.  Preparing legal briefs and presenting oral arguments in the district court, the court of appeals, and the supreme court in cases affecting the board.
    Sec. 92.  NEW SECTION.  8B.2  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Board” means the public employment relations board established under section 8B.4.
   2.
  a.  “Confidential employee” means any public employee who works in the personnel offices of a public employer or who has access to information subject to use by the public employer in negotiating or who works in a close continuing working relationship with public officers or representatives associated with negotiating on behalf of the public employer.
   b.  “Confidential employee” also includes the personal secretary of any of the following: Any elected official or person appointed to fill a vacancy in an elective office, member of any board or commission, the administrative officer, director, or chief executive officer of a public employer or major division thereof, or the deputy or first assistant of any of the foregoing.
   3.  “Professional employee” means any one of the following:
   a.  An employee engaged in work meeting all of the following criteria:
   (1)  Predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work.
   (2)  Involving the consistent exercise of discretion and judgment in its performance.
   (3)  Of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time.
   (4)  Requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual, or physical processes.
   b.  An employee who meets all of the following criteria:
   (1)  Has completed the courses of specialized intellectual instruction and study described in paragraph “a”, subparagraph (4).
   (2)  Is performing related work under the supervision of a professional person to qualify the employee to become a professional employee as defined in paragraph “a”.
   4.  “Public employee” means an individual employed by a public employer, except individuals exempted under the provisions of section 8B.3.
   5.  “Public employer” means the state of Iowa, its boards, commissions, agencies, departments, and its political subdivisions, including school districts and other special purpose districts.
    Sec. 93.  NEW SECTION.  8B.3  Exclusions.
   The following public employees shall be excluded from the provisions of this chapter:
   1.  Elected officials and persons appointed to fill vacancies in elective offices, and members of any board or commission.
   2.  Representatives of a public employer, including the administrative officer, director or chief executive officer of a public employer or major division thereof as well as the officer’s or director’s deputy, first assistant, and any supervisory employees. “Supervisory employee” means any individual having authority in the interest of the public employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other public employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. All school superintendents, assistant superintendents, principals, and assistant principals shall be deemed to be supervisory employees.
   3.  Confidential employees.
   4.  Students working as part-time public employees twenty hours per week or less, except graduate or other postgraduate students in preparation for a profession who are engaged in academically related employment as a teaching, research, or service assistant.
   5.  Temporary public employees employed for a period of four months or less.
   6.  Commissioned and enlisted personnel of the Iowa national guard.
   7.  Judicial officers, and confidential, professional, or supervisory employees of the judicial branch.
   8.  Patients and inmates employed, sentenced, or committed to any state or local institution.
   9.  Persons employed by the department of justice, except nonsupervisory employees of the consumer advocate division who are employed primarily for the purpose of performing technical analysis of nonlegal issues.
   10.  Persons employed by the credit union division of the department of commerce.
   11.  Persons employed by the banking division of the department of commerce.
   12.  The appointee serving as the coordinator of the office of renewable fuels and coproducts, as provided in section 159A.3.
    Sec. 94.  NEW SECTION.  8B.4  Public employment relations board.
   1.  A board to be known as the public employment relations board is established.
   a.  The board shall consist of three members appointed by the governor, subject to confirmation by the senate. In selecting the members of the board, consideration shall be given to their knowledge, ability, and experience. No more than two members shall be of the same political affiliation, no member shall engage in any political activity while holding office, and the members shall devote full time to their duties.
   b.  The members shall be appointed for staggered terms of four years beginning and ending as provided in section 69.19.
   c.  The member first appointed for a term of four years shall serve as chairperson and each of the member’s successors shall also serve as chairperson.
   d.  Any vacancy occurring shall be filled in the same manner as regular appointments are made.
   2.  The board may employ such persons as are necessary for the performance of its functions. Personnel of the board shall be employed pursuant to the provisions of chapter 8A, subchapter IV.
   3.  The chairperson and the remaining two members shall be compensated as provided in section 7E.6, subsection 5. Members of the board and employees of the board shall be allowed their actual and necessary expenses incurred in the performance of their duties. All expenses and salaries shall be paid from appropriations for such purposes and the board shall be subject to the budget requirements of chapter 8.
    Sec. 95.  NEW SECTION.  8B.5  General powers and duties of the board.
   The board shall do all of the following:
   1.  Interpret, apply, and administer the provisions of this chapter.
   2.  Collect, for public employers other than the state and its boards, commissions, departments, and agencies, data and conduct studies relating to wages, hours, benefits, and other terms and conditions of public employment and make the same available to any interested person or organization.
   3.  Hold hearings and administer oaths, examine witnesses and documents, take testimony and receive evidence, issue subpoenas to compel the attendance of witnesses and the production of records, and delegate such power to a member of the board, persons appointed or employed by the board, including administrative law judges, or administrative law judges employed by the division of administrative hearings created by section 10A.801, for the performance of its functions. The board may petition the district court at the seat of government or of the county where a hearing is held to enforce a board order compelling the attendance of witnesses and production of records.
   4.  Adopt rules in accordance with the provisions of chapter 17A as it may deem necessary to carry out the purposes of this chapter.
    Sec. 96.  NEW SECTION.  8B.6  REPEAL.
   This chapter is repealed on June 30, 2017.
    Sec. 97.  CONTINUITY OF DUTIES.  The public employment relations board shall continue to carry out all duties of the board relating to public employee collective bargaining under chapter 20 as codified prior to the effective date of division I of this Act, until the expiration or termination of all collective bargaining agreements entered into pursuant to chapter 20 as codified prior to the effective date of division I of this Act.
    Sec. 98.  REPORT ON CHANGES IN LAW.  By December 3, 2012, the public employment relations board shall submit a report to the general assembly recommending any transition provisions and any changes to the Code, administrative rules, or other law that may be necessary to fully implement this Act.
    Sec. 99.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   Division I of this bill repeals Code chapter 20, the “Public Employment Relations Act”. Code chapter 20 regulates public employees who are eligible to collectively bargain, establishes a process for public employee collective bargaining, establishes the public employment relations board, and provides for related matters. Division I strikes references to collective bargaining relating to Code chapter 20 from the Iowa Code.
   Division I prohibits the state, its agencies, departments, boards, commissions, and its political subdivisions from renewing or modifying after the effective date of division I any collective bargaining agreement entered into pursuant to Code chapter 20 as codified prior to the effective date of division I. Division I provides that any agency, department, board, or commission of the state or a political subdivision affected by division I may submit a report to the general assembly recommending any transition provisions and any changes to the Code, administrative rules, or other law that may be necessary to fully implement division I. Division I does not apply to collective bargaining agreements entered into before the effective date of division I. Division I takes effect upon enactment.
   Division II of the bill transfers provisions of Code chapter 20 establishing the public employment relations board which do not concern public employee collective bargaining to new Code chapter 8B. Division II sets out certain duties of the board, including adjudicating grievances under the state merit system and collecting and disseminating information concerning the wages, hours, and other conditions of employment of certain public employees. Code chapter 8B is repealed June 30, 2017.
   Division II directs the public employment relations board to continue to carry out all duties relating to public employee collective bargaining under Code chapter 20 as codified prior to the effective date of division I, until the expiration or termination of all collective bargaining agreements entered into pursuant to Code chapter 20 as codified prior to the effective date of division I. Division II directs the public employment relations board to submit a report to the general assembly recommending any transition provisions and any changes to the Code, administrative rules, or other law that may be necessary to fully implement the bill. Division II takes effect upon enactment.