SENATE FILE 223

BY  DIX, SORENSON, FEENSTRA, HAHN, HAMERLINCK, ERNST, BERTRAND, ANDERSON, BOETTGER, SMITH, GREINER, KAPUCIAN, CHELGREN, JOHNSON, BARTZ, WARD, SEYMOUR, HOUSER, BEHN, McKINLEY, KETTERING, ZAUN, and BACON

A BILL FOR

An Act relating to the imposition of a hiring freeze for state departments and establishments and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  NEW SECTION.  2.11A  Officers and employees —— hiring.
   Notwithstanding the provisions in section 2.11, each house of the general assembly shall establish a policy restricting the creation and filling of full-time equivalent positions comparable to the restrictions imposed in section 8.36A, subsection 2, paragraph “c”.
   Sec. 2.  Section 2.42, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  17.  To implement a policy restricting the creation and filling of full-time equivalent positions comparable to the restrictions imposed in section 8.36A, subsection 2, paragraph “c”.
   Sec. 3.  Section 8.36A, subsection 2, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.
  (1)  A department or establishment shall not create new or fill vacant existing full-time equivalent positions except as specifically authorized by this section.
   (2)  A department or establishment, including the regents universities, may establish new or fill vacant existing full-time equivalent positions, if a corresponding reduction in full-time equivalent positions is made within the department or establishment, or within another department or establishment.
   (3)  A department’s or establishment’s hiring requirements that are directly related to the following activities are exempt from the restrictions of subparagraph (1):
   (a)  Direct custody, supervision, and patient care in corrections, juvenile rehabilitation, institutional care of veterans, the mentally ill, and the developmentally disabled, state hospitals, the glenwood state resource center, the woodward state resource center, the state mental health institutes, the Iowa braille and sight saving school, and the state school for the deaf.
   (b)  Direct protective services to children and other vulnerable populations in the department of human services.
   (c)  Operations of the Iowa state patrol, criminal investigation, fire marshal, intelligence, and narcotics enforcement divisions of the department of public safety.
   (d)  Hazardous materials response and emergency cleanup.
   (e)  Emergency public health and patient safety response and the operation of the state hygienic laboratory.
   (f)  Military operations and emergency management within the department of public defense.
   (g)  Fire fighting.
   Sec. 4.  Section 262.9, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  36.  Establish a policy restricting the creation and filling of full-time equivalent positions comparable to the restrictions imposed in section 8.36A, subsection 2, paragraph “c”.
   Sec. 5.  Section 602.1204, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  The state court administrator under the direction of the supreme court shall establish a policy restricting the creation and filling of full-time equivalent positions comparable to the restrictions imposed in section 8.36A, subsection 2, paragraph “c”.
   Sec. 6.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill places a hiring freeze on state employment within the executive, legislative, and judicial branches. The hiring freeze extends to the regents institutions.
   The bill prohibits the creation of new full-time equivalent positions. The bill also prohibits hiring in order to fill existing vacant positions.
   The bill provides that a state agency may establish new or fill vacant existing positions if matching reductions are made in equivalent positions elsewhere within the agency, or within another state agency.
   The bill allows for hiring when the position relates to certain activities not subject to the hiring freeze. Activities directly related to custody, supervision and patient care in corrections; juvenile rehabilitation; veterans institutional care; care for the mentally ill or developmentally disabled; state hospitals; schools for the blind or the deaf; and special mental health centers. Also exempted are activities related to direct child and vulnerable population protective services; those occurring within certain divisions of the department of public safety; those related to hazardous materials response and cleanup; those related to emergency public health; those related to military operations and emergency management under the department of public defense; and those related to fire fighting.
   The bill takes effect upon enactment.