S.F. 288 Section 1. Section 35C.1, subsection 2, paragraph a, Code 1 2015, is amended to read as follows: 2 a. In all jobs of the state and its political subdivisions, 3 an application form shall be completed. The application form 4 shall contain an inquiry into the applicant’s military service 5 during the wars or armed conflicts as specified in subsection 6 1 . The state and its political subdivisions shall provide each 7 applicant who indicates the applicant’s status as a veteran 8 under this section with a written statement prepared pursuant 9 to subsection 5. 10 Sec. 2. Section 35C.1, Code 2015, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 5. The office of attorney general shall 13 prepare a written statement which sets forth in simple and 14 nontechnical terms the rights and duties contained in this 15 chapter. The written statement shall remain posted on the 16 attorney general’s internet site and the internet site of the 17 department of veterans affairs. 18 Sec. 3. Section 35C.6, Code 2015, is amended to read as 19 follows: 20 35C.6 Removal —— certiorari —— judicial review. 21 No person holding a public position by appointment or 22 employment, whether the position is an at will position, merit 23 employment position, or a position subject to collective 24 bargaining, and belonging to any of the classes of persons to 25 whom a preference is herein granted, shall be removed from such 26 position or employment except for incompetency or misconduct 27 shown after a hearing, upon due notice, upon stated charges, 28 and with the right of such employee or appointee to a review by 29 a writ of certiorari or at such person’s election, to judicial 30 review as a contested case with a record in accordance with the 31 terms of the Iowa administrative procedure Act, chapter 17A , if 32 that is otherwise applicable to their case. 33 Sec. 4. NEW SECTION . 35C.9 Enforcement —— penalties. 34 1. The office of attorney general or a county attorney shall 35 -1- LSB 2252XS (4) 86 aw/rj 1/ 3

S.F. 288 enforce the provisions of this chapter. 1 2. a. For the purposes of this subsection, “person” means 2 any officer or supervisory employee of the state, or of a 3 county, city, or school corporation of the state, responsible 4 for the appointment, employment, or removal of an appointee or 5 employee. For the purposes of this section, “person” does not 6 mean the state or any county, city, or school corporation of 7 the state. 8 b. Notwithstanding any contrary provision of chapter 669 or 9 670 or of other law, a person who violates a provision of this 10 chapter shall be subject to all of the following: 11 (1) The person shall be assessed a civil penalty of not more 12 than one thousand dollars. Each day that a violation exists 13 constitutes a separate offense. 14 (2) The person shall pay all court costs. 15 c. If the attorney general is the prevailing party, the 16 civil penalty required to be paid by a person who violates a 17 provision of this chapter shall be deposited in the veterans 18 trust fund created in section 35A.13. If the county attorney 19 is the prevailing party, the civil penalty required to be paid 20 by the person who violates a provision of this chapter shall 21 be deposited in the general fund of the county and shall be 22 appropriated to the county commission of veteran affairs. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill relates to public sector preferences for veterans 27 in appointment and employment. 28 The bill requires that the state and its political 29 subdivisions provide each applicant who indicates the 30 applicant’s status as a veteran, seeking appointment or 31 employment, with a written statement that sets forth the 32 rights and duties contained in Code chapter 35, on veterans 33 preferences. The bill requires that the office of attorney 34 general prepare the written statement to set forth those rights 35 -2- LSB 2252XS (4) 86 aw/rj 2/ 3

S.F. 288 and duties in simple and nontechnical terms. 1 Under current law, no qualifying veteran holding a public 2 position by appointment or employment, is allowed to be removed 3 from the position except for incompetency or misconduct shown 4 after a hearing, upon due notice, upon stated charges, and with 5 a right to review. The bill provides that this requirement 6 shall apply to public positions, whether the positions are 7 at will positions, merit employment positions, or positions 8 subject to collective bargaining. 9 The bill further requires the office of attorney general and 10 county attorneys to enforce the provisions of Code chapter 35C. 11 The bill requires that a person who violates a provision 12 of Code chapter 35C be assessed a civil penalty of not 13 more than $1,000 per day and pay all court costs. The bill 14 requires that civil penalties collected by the attorney 15 general be deposited in the veterans trust fund and that civil 16 penalties collected by a county attorney be deposited in the 17 general fund of the county and be appropriated to the county 18 commission of veteran affairs. Under the bill, only officers 19 or supervisory employees of the state, or of a county, city, or 20 school corporation of the state, who are responsible for the 21 appointment, employment, or removal of an appointee or employee 22 under Code chapter 35C, are subject to these civil penalties, 23 notwithstanding contrary provisions of law. 24 -3- LSB 2252XS (4) 86 aw/rj 3/ 3