Bill Text: IA SF288 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act related to public sector preferences for veterans in appointment and employment and including civil penalty provisions. (See SF 446.)
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2015-03-05 - Passed subcommitee. [SF288 Detail]
Download: Iowa-2015-SF288-Introduced.html
Senate File 288 - Introduced SENATE FILE BY DANIELSON A BILL FOR 1 An Act related to public sector preferences for veterans in 2 appointment and employment and including civil penalty 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2252XS (4) 86 aw/rj PAG LIN 1 1 Section 1. Section 35C.1, subsection 2, paragraph a, Code 1 2 2015, is amended to read as follows: 1 3 a. In all jobs of the state and its political subdivisions, 1 4 an application form shall be completed. The application form 1 5 shall contain an inquiry into the applicant's military service 1 6 during the wars or armed conflicts as specified in subsection 1 7 1. The state and its political subdivisions shall provide each 1 8 applicant who indicates the applicant's status as a veteran 1 9 under this section with a written statement prepared pursuant 1 10 to subsection 5. 1 11 Sec. 2. Section 35C.1, Code 2015, is amended by adding the 1 12 following new subsection: 1 13 NEW SUBSECTION. 5. The office of attorney general shall 1 14 prepare a written statement which sets forth in simple and 1 15 nontechnical terms the rights and duties contained in this 1 16 chapter. The written statement shall remain posted on the 1 17 attorney general's internet site and the internet site of the 1 18 department of veterans affairs. 1 19 Sec. 3. Section 35C.6, Code 2015, is amended to read as 1 20 follows: 1 21 35C.6 Removal == certiorari == judicial review. 1 22 No person holding a public position by appointment or 1 23 employment, whether the position is an at will position, merit 1 24 employment position, or a position subject to collective 1 25 bargaining, and belonging to any of the classes of persons to 1 26 whom a preference is herein granted, shall be removed from such 1 27 position or employment except for incompetency or misconduct 1 28 shown after a hearing, upon due notice, upon stated charges, 1 29 and with the right of such employee or appointee to a review by 1 30 a writ of certiorari or at such person's election, to judicial 1 31 review as a contested case with a record in accordance with the 1 32 terms of the Iowa administrative procedure Act, chapter 17A, if 1 33 that is otherwise applicable to their case. 1 34 Sec. 4. NEW SECTION. 35C.9 Enforcement == penalties. 1 35 1. The office of attorney general or a county attorney shall 2 1 enforce the provisions of this chapter. 2 2 2. a. For the purposes of this subsection, "person" means 2 3 any officer or supervisory employee of the state, or of a 2 4 county, city, or school corporation of the state, responsible 2 5 for the appointment, employment, or removal of an appointee or 2 6 employee. For the purposes of this section, "person" does not 2 7 mean the state or any county, city, or school corporation of 2 8 the state. 2 9 b. Notwithstanding any contrary provision of chapter 669 or 2 10 670 or of other law, a person who violates a provision of this 2 11 chapter shall be subject to all of the following: 2 12 (1) The person shall be assessed a civil penalty of not more 2 13 than one thousand dollars. Each day that a violation exists 2 14 constitutes a separate offense. 2 15 (2) The person shall pay all court costs. 2 16 c. If the attorney general is the prevailing party, the 2 17 civil penalty required to be paid by a person who violates a 2 18 provision of this chapter shall be deposited in the veterans 2 19 trust fund created in section 35A.13. If the county attorney 2 20 is the prevailing party, the civil penalty required to be paid 2 21 by the person who violates a provision of this chapter shall 2 22 be deposited in the general fund of the county and shall be 2 23 appropriated to the county commission of veteran affairs. 2 24 EXPLANATION 2 25 The inclusion of this explanation does not constitute agreement with 2 26 the explanation's substance by the members of the general assembly. 2 27 This bill relates to public sector preferences for veterans 2 28 in appointment and employment. 2 29 The bill requires that the state and its political 2 30 subdivisions provide each applicant who indicates the 2 31 applicant's status as a veteran, seeking appointment or 2 32 employment, with a written statement that sets forth the 2 33 rights and duties contained in Code chapter 35, on veterans 2 34 preferences. The bill requires that the office of attorney 2 35 general prepare the written statement to set forth those rights 3 1 and duties in simple and nontechnical terms. 3 2 Under current law, no qualifying veteran holding a public 3 3 position by appointment or employment, is allowed to be removed 3 4 from the position except for incompetency or misconduct shown 3 5 after a hearing, upon due notice, upon stated charges, and with 3 6 a right to review. The bill provides that this requirement 3 7 shall apply to public positions, whether the positions are 3 8 at will positions, merit employment positions, or positions 3 9 subject to collective bargaining. 3 10 The bill further requires the office of attorney general and 3 11 county attorneys to enforce the provisions of Code chapter 35C. 3 12 The bill requires that a person who violates a provision 3 13 of Code chapter 35C be assessed a civil penalty of not 3 14 more than $1,000 per day and pay all court costs. The bill 3 15 requires that civil penalties collected by the attorney 3 16 general be deposited in the veterans trust fund and that civil 3 17 penalties collected by a county attorney be deposited in the 3 18 general fund of the county and be appropriated to the county 3 19 commission of veteran affairs. Under the bill, only officers 3 20 or supervisory employees of the state, or of a county, city, or 3 21 school corporation of the state, who are responsible for the 3 22 appointment, employment, or removal of an appointee or employee 3 23 under Code chapter 35C, are subject to these civil penalties, 3 24 notwithstanding contrary provisions of law. LSB 2252XS (4) 86 aw/rj
