Senate File 476 H-1336 Amend Senate File 476, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < DIVISION I 5 PUBLIC RECORDS —— CONFIDENTIALITY —— CIVIL ENFORCEMENT 6 Section 1. Section 9E.1, Code 2021, is amended to read as 7 follows: 8 9E.1 Purpose. 9 The general assembly finds that individuals attempting to 10 escape from actual or threatened domestic abuse, domestic 11 abuse assault, sexual abuse, assault, stalking, or human 12 trafficking frequently establish new addresses in order to 13 prevent their assailants or probable assailants from finding 14 them. The purpose of this chapter is to enable state and local 15 agencies to respond to requests for data without disclosing 16 the location of a victim of domestic abuse, domestic abuse 17 assault, sexual abuse, assault, stalking, or human trafficking; 18 to enable interagency cooperation with the secretary of state 19 in providing address confidentiality for victims of domestic 20 abuse, domestic abuse assault, sexual abuse, assault, stalking, 21 or human trafficking; and to enable program participants to use 22 an address designated by the secretary of state as a substitute 23 mailing address for the purposes specified in this chapter . 24 In addition, the purpose of this chapter is to prevent such 25 victims from being physically located through a public records 26 search. 27 Sec. 2. Section 9E.2, subsection 6, paragraph a, Code 2021, 28 is amended to read as follows: 29 a. “Eligible person” means a person who is all a resident of 30 this state, an adult, a minor, or an incapacitated person as 31 defined in section 633.701, and is one of the following: 32 (1) A resident of this state. 33 (2) An adult, a minor, or an incapacitated person as defined 34 in section 633.701 . 35 -1- SF476.1765 (2) 89 cm/rh 1/ 27 #1.
(3) A victim of domestic abuse, domestic abuse assault, 1 sexual abuse, assault, stalking, or human trafficking as 2 evidenced by the filing of a petition pursuant to section 236.3 3 or a criminal complaint or information pursuant to section 4 708.1, 708.2A , 708.11 , or 710A.2 , or any violation contained 5 in chapter 709 . 6 (2) A currently active or retired judicial officer or 7 a spouse or child of such a person. For purposes of this 8 subparagraph, “judicial officer” means the same as defined in 9 section 602.1101 and includes a federal judge. 10 (3) A currently active or retired state or local prosecuting 11 attorney, as defined in section 801.4, or a spouse or child of 12 such a person. 13 (4) A currently active or retired peace officer, as defined 14 in section 801.4, or a spouse or child of such a person. 15 Sec. 3. Section 9E.3, subsection 1, paragraph b, 16 subparagraph (1), subparagraph division (a), Code 2021, is 17 amended to read as follows: 18 (a) The eligible person listed on the application is a 19 victim of domestic abuse, domestic abuse assault, sexual abuse, 20 assault, stalking, or human trafficking. 21 Sec. 4. Section 9E.3, subsection 1, paragraph e, Code 2021, 22 is amended to read as follows: 23 e. The residential address of the eligible person, 24 disclosure of which could lead to an increased risk of domestic 25 abuse, domestic abuse assault, sexual abuse, assault, stalking, 26 or human trafficking. 27 Sec. 5. Section 9E.7, Code 2021, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 4A. Upon request by a program participant, 30 the assessor or the assessor’s staff shall redact the 31 requestor’s name contained in electronic documents that 32 are displayed for public access through an internet site. 33 The assessor shall implement and maintain a process to 34 facilitate these requests. A fee shall not be charged for the 35 -2- SF476.1765 (2) 89 cm/rh 2/ 27
administration of this subsection. 1 Sec. 6. Section 22.10, subsection 3, paragraph b, 2 subparagraph (2), Code 2021, is amended to read as follows: 3 (2) Had good reason to believe and in good faith believed 4 facts which, if true, would have indicated compliance with 5 the requirements of this chapter . For purposes of this 6 subparagraph, “good reason to believe and in good faith believed” 7 means the person engaged in a balancing test in weighing the 8 individual privacy interest against the public’s need to access 9 the record based upon a reasonable reliance on the facts. 10 Sec. 7. Section 331.604, subsection 3, Code 2021, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . f. Upon request by a law enforcement 13 officer, as defined in section 80B.3, or state or federal 14 judicial officer or state or federal prosecutor, the assessor 15 or the assessor’s staff shall redact the requestor’s name 16 contained in electronic documents that are displayed for public 17 access through an internet site. This paragraph does not apply 18 to a requestor holding or seeking public office. The assessor 19 shall implement and maintain a process to facilitate these 20 requests. A fee shall not be charged for the administration 21 of this paragraph. 22 Sec. 8. Section 622.10, subsection 9, paragraphs a and b, 23 Code 2021, are amended to read as follows: 24 a. A peer support group counselor or individual present 25 for a group crisis intervention who obtains information from 26 an officer or a civilian employee of a law enforcement agency 27 or fire department by reason of the counselor’s capacity as a 28 peer support group counselor or an individual’s presence for 29 a group crisis intervention shall not be allowed, in giving 30 testimony, to disclose any confidential communication properly 31 entrusted to the counselor or individual present for a group 32 crisis intervention by the officer or civilian employee while 33 receiving counseling or group crisis intervention . 34 b. The prohibition in this subsection does not apply 35 -3- SF476.1765 (2) 89 cm/rh 3/ 27
where the officer or civilian employee has consented to the 1 disclosure of the information specified in paragraph “a” or 2 where the peer support group counselor or individual present 3 for a group crisis intervention was an initial responding 4 officer, a witness, or a party to the incident which prompted 5 the delivery of peer support group counseling services or the 6 group crisis intervention to the officer or civilian employee . 7 DIVISION II 8 UNIFORM COMMERCIAL CODE —— FRAUDULENT FILINGS 9 Sec. 9. Section 554.9510, subsection 1, Code 2021, is 10 amended to read as follows: 11 1. Filed record effective if authorized. A filed record 12 is effective only to the extent that it was filed by a person 13 that may file it under section 554.9509 or by the filing office 14 under section 554.9513A . 15 Sec. 10. NEW SECTION . 554.9513A Termination of wrongfully 16 filed financing statement —— reinstatement. 17 1. Trusted filer. “Trusted filer” means a person that does 18 any of the following: 19 a. Regularly causes records to be communicated to the 20 filing office for filing and has provided the filing office 21 with current contact information and information sufficient to 22 establish the person’s identity. 23 b. Satisfies either of the following conditions: 24 (1) The filing office has issued the person credentials for 25 access to online filing services. 26 (2) The person has established a prepaid or direct debit 27 account for payment of filing fees, regardless of whether the 28 account is used in a particular transaction. 29 2. Affidavit of wrongful filing. A person identified as 30 debtor in a filed financing statement may deliver to the 31 filing office a notarized, sworn affidavit that identifies the 32 financing statement by file number, indicates the affiant’s 33 mailing address, and states that the affiant believes that 34 the filed record identifying the affiant as debtor was not 35 -4- SF476.1765 (2) 89 cm/rh 4/ 27
authorized to be filed and was caused to be communicated to the 1 filing office with the intent to harass or defraud the affiant. 2 The filing office may reject an affidavit that is incomplete or 3 that it believes was delivered to it with the intent to harass 4 or defraud the secured party. The office of the secretary 5 of state shall adopt a form of affidavit for use under this 6 section. 7 3. Termination statement by filing office. Subject to 8 subsection 11, if an affidavit is delivered to the filing 9 office under subsection 2, the filing office shall promptly 10 file a termination statement with respect to the financing 11 statement identified in the affidavit. The termination 12 statement must identify by its file number the initial 13 financing statement to which it relates and must indicate that 14 it was filed pursuant to this section. A termination statement 15 filed under this subsection is not effective until ninety days 16 after it is filed. 17 4. No fee charged or refunded. The filing office shall not 18 charge a fee for the filing of an affidavit under subsection 19 2 or a termination statement under subsection 3. The filing 20 office shall not return any fee paid for filing the financing 21 statement identified in the affidavit, whether or not the 22 financing statement is reinstated under subsection 7. 23 5. Notice of termination statement. On the same day that a 24 filing office files a termination statement under subsection 25 3, the filing office shall send to the secured party of record 26 for the financing statement to which the termination statement 27 relates a notice stating that the termination statement 28 has been filed and will become effective ninety days after 29 filing. The notice shall be sent by certified mail, return 30 receipt requested, to the address provided for the secured 31 party of record in the financing statement with a copy sent by 32 electronic mail to the electronic mail address provided by the 33 secured party of record, if any. 34 6. Administrative review —— action for reinstatement. A 35 -5- SF476.1765 (2) 89 cm/rh 5/ 27
secured party that believes in good faith that the filed record 1 identified in an affidavit delivered to the filing office under 2 subsection 2 was authorized to be filed and was not caused to 3 be communicated to the filing office with the intent to harass 4 or defraud the affiant may: 5 a. Before the termination statement takes effect, request 6 that the filing office conduct an expedited review of the 7 filed record and any documentation provided by the secured 8 party. The filing office may as a result of this review 9 remove from the record the termination statement filed by 10 it under subsection 3 before it takes effect and conduct an 11 administrative review under subsection 11. 12 b. File an action against the office seeking reinstatement 13 of the financing statement to which the filed record relates at 14 any time before the expiration of six months after the date on 15 which the termination stated filed under subsection 3 becomes 16 effective. If the affiant is not named as a defendant in the 17 action, the secured party shall send a copy of the petition to 18 the affiant at the address indicated in the affidavit. The 19 exclusive venue for the action shall be in the district court 20 for the county where the filing office in which the financing 21 statement was filed is located. The action shall be considered 22 by the court on an expedited basis. 23 7. Filing office to file notice of action for 24 reinstatement. Within ten days after being served with process 25 in an action under subsection 6, the filing office shall file 26 a notice indicating that the action has been commenced. The 27 notice must indicate the file number of the initial financing 28 statement to which the notice relates. 29 8. Action for reinstatement successful. If, in an action 30 under subsection 6, the court determines that the financing 31 statement was authorized to be filed and was not caused to be 32 communicated to the filing office with the intent to harass or 33 defraud the affiant, the court shall order that the financing 34 statement be reinstated. If an order of reinstatement is 35 -6- SF476.1765 (2) 89 cm/rh 6/ 27
issued by the court, the filing office shall promptly file a 1 record that identifies by its file number the initial financing 2 statement to which the record relates and indicates that the 3 financing statement has been reinstated. 4 9. Effect of reinstatement. Upon the filing of a record 5 reinstating a financing statement under subsection 8, the 6 effectiveness of the financing statement is reinstated and the 7 financing statement shall be considered never to have been 8 terminated under this section except as against a purchaser of 9 the collateral that gives value in reasonable reliance upon 10 the termination. A continuation statement filed as provided 11 in section 554.9515, subsection 4, after the effective date of 12 a termination statement filed under subsection 3 or 11 becomes 13 effective if the financing statement is reinstated. 14 10. Liability for wrongful filing. If, in an action under 15 subsection 6, the court determines that the filed record 16 identified in an affidavit delivered to the filing office under 17 subsection 2 was caused to be communicated to the filing office 18 with the intent to harass or defraud the affiant, the filing 19 office and the affiant may recover from the secured party that 20 filed the action the costs and expenses, including reasonable 21 attorney fees and the reasonable allocated costs of internal 22 counsel, that the filing office and the affiant incurred in the 23 action. This recovery is in addition to any recovery to which 24 the affiant is entitled under section 554.9625. 25 11. Procedure for record filed by trusted filer. If an 26 affidavit delivered to a filing office under subsection 2 27 relates to a filed record communicated to the filing office by 28 a trusted filer, the filing office shall promptly send to the 29 secured party of record a notice stating that the affidavit has 30 been delivered to the filing office and that the filing office 31 is conducting an administrative review to determine whether the 32 record was caused to be communicated with the intent to harass 33 or defraud the affiant. The notice shall be sent by certified 34 mail, return receipt requested, to the address provided for 35 -7- SF476.1765 (2) 89 cm/rh 7/ 27
the secured party in the financing statement with a copy sent 1 by electronic mail to the electronic mail address provided 2 by the secured party of record, if any, and a copy shall be 3 sent in the same manner to the affiant. The administrative 4 review shall be conducted on an expedited basis and the filing 5 office may require the affiant and the secured party of record 6 to provide any additional information that the filing office 7 deems appropriate. If the filing office concludes that the 8 record was caused to be communicated with the intent to harass 9 or defraud the affiant, the filing office shall promptly file a 10 termination statement under subsection 2 that will be effective 11 immediately and send to the secured party of record the notice 12 required by subsection 5. The secured party may thereafter 13 file an action for reinstatement under subsection 6 and the 14 provisions of subsections 7 through 10 are applicable. 15 Sec. 11. NEW SECTION . 714.29 Records filed with intent to 16 harass or defraud. 17 1. A person shall not cause to be communicated to the filing 18 office as defined in section 554.9102 for filing a record if 19 all of the following are true: 20 a. The person is not authorized to file the record under 21 section 554.9509. 22 b. The record is not related to an existing or anticipated 23 transaction that is or will be governed by chapter 554, article 24 9. 25 c. The record is filed with the intent to harass or defraud 26 the person identified as debtor in the record. 27 2. A person that violates subsection 1 is guilty of a simple 28 misdemeanor for a first offense and a serious misdemeanor for a 29 second or subsequent offense. 30 DIVISION III 31 ACCRUED SICK LEAVE —— RETIRED PUBLIC SAFETY EMPLOYEES 32 Sec. 12. NEW SECTION . 70A.23A Credit for accrued sick leave 33 —— public safety employees. 34 A public safety employee, as defined by section 20.3, 35 -8- SF476.1765 (2) 89 cm/rh 8/ 27
subsection 11, who retires and has applied for retirement 1 benefits under an eligible retirement system, shall receive 2 credit for all accumulated, unused sick leave which shall be 3 converted at current value and credited to an account for the 4 public safety employee for the purpose of paying the public 5 safety employee’s cost of the monthly premiums for continuance 6 of the public safety employee’s health insurance plan. Upon 7 the death of a retired public safety employee, the spouse 8 or surviving spouse shall be entitled to the value of the 9 accumulated unused sick leave for the purpose of paying the 10 cost of monthly premiums for continuation of a public safety 11 employee’s health insurance policy for the public safety 12 employee’s surviving spouse or dependents. This section shall 13 not apply to sections 509A.13 and 509A.13A. 14 DIVISION IV 15 WORKERS’ COMPENSATION —— ACTIONS AND OFFSETS 16 Sec. 13. Section 85.26, subsection 1, Code 2021, is amended 17 to read as follows: 18 1. An original proceeding for benefits under this chapter 19 or chapter 85A , 85B , or 86 , shall not be maintained in any 20 contested case unless the proceeding is commenced within two 21 years from the date of the occurrence of the injury for which 22 benefits are claimed or one year from the date a denial of 23 liability is received by the employee, whichever is later, 24 or, if weekly compensation benefits are paid under section 25 86.13 , within three years from the date of the last payment 26 of weekly compensation benefits. For the purposes of this 27 section , “date of the occurrence of the injury” means the date 28 that the employee knew or should have known that the injury was 29 work-related. 30 Sec. 14. Section 97A.6, subsection 11, Code 2021, is amended 31 to read as follows: 32 11. Pensions offset by compensation benefits. 33 a. Any amounts which may be paid or payable by the state 34 under the provisions of any workers’ compensation or similar 35 -9- SF476.1765 (2) 89 cm/rh 9/ 27
law to a member or to the dependents of a member on account of 1 any disability or death, shall be offset against and payable 2 in lieu of any benefits payable out of the retirement fund 3 provided by the state under the provisions of this chapter on 4 account of the same disability or death. In case the present 5 value of the total commuted benefits under said workers’ 6 compensation or similar law is less than the present value 7 of the benefits otherwise payable from the retirement fund 8 provided by the state under this chapter , then the present 9 value of the commuted payments shall be deducted from the 10 pension payable and such benefits as may be provided by the 11 system so reduced shall be payable under the provisions of this 12 chapter . 13 b. Notwithstanding paragraph “a” , any workers’ compensation 14 benefits received by a member for past medical expenses or 15 future medical expenses shall not be offset against and not 16 considered payable in lieu of any retirement allowance payable 17 pursuant to this section on account of the same disability. 18 c. Notwithstanding paragraph “a” , any workers’ compensation 19 benefits received by a member for reimbursement of vacation 20 time used, sick time used, or for any unpaid time off from work 21 shall not be offset against and not considered payable in lieu 22 of any retirement allowance payable pursuant to this section on 23 account of the same disability. 24 Sec. 15. Section 97B.50A, subsection 5, Code 2021, is 25 amended to read as follows: 26 5. Offset to allowance. 27 a. Notwithstanding any provisions to the contrary in state 28 law, or any applicable contract or policy, any amounts which 29 may be paid or payable by the employer under any workers’ 30 compensation, unemployment compensation, employer-paid 31 disability plan, program, or policy, or other law to a member, 32 and any disability payments the member receives pursuant to 33 the federal Social Security Act, 42 U.S.C. §423 et seq., 34 shall be offset against and payable in lieu of any retirement 35 -10- SF476.1765 (2) 89 cm/rh 10/ 27
allowance payable pursuant to this section on account of the 1 same disability. 2 b. Notwithstanding paragraph “a” , any workers’ compensation 3 benefits received by a member for past medical expenses or 4 future medical expenses shall not be offset against and not 5 considered payable in lieu of any retirement allowance payable 6 pursuant to this section on account of the same disability. 7 c. Notwithstanding paragraph “a” , any workers’ compensation 8 benefits received by a member for reimbursement of vacation 9 time used, sick time used, or for any unpaid time off from work 10 shall not be offset against and not considered payable in lieu 11 of any retirement allowance payable pursuant to this section on 12 account of the same disability. 13 DIVISION V 14 CIVIL SERVICE COMMISSION EXAMINATIONS 15 Sec. 16. Section 400.8, subsection 2, Code 2021, is amended 16 to read as follows: 17 2. The commission shall establish the guidelines for 18 conducting the examinations under subsection 1 of this section . 19 It may prepare and administer the examinations or may The 20 commission shall hire persons with expertise to do so if the 21 commission approves the examinations prepare and administer 22 the examinations approved by the commission . It may also 23 hire persons with expertise to consult in the preparation of 24 such examinations if the persons so hired are employed to aid 25 personnel of the commission in assuring that a fair examination 26 is conducted. A fair examination shall explore the competence 27 of the applicant in the particular field of examination. 28 Sec. 17. Section 400.9, subsection 2, Code 2021, is amended 29 to read as follows: 30 2. The commission shall establish guidelines for conducting 31 the examinations under subsection 1 . It may prepare and 32 administer the examinations or may The commission shall hire 33 persons with expertise to do so if the commission approves 34 the examinations and if the examinations apply to prepare and 35 -11- SF476.1765 (2) 89 cm/rh 11/ 27
administer the examinations approved by the commission for 1 the position in the city for which the applicant is taking 2 the examination. It may also hire persons with expertise to 3 consult in the preparation of such examinations if the persons 4 so hired are employed to aid personnel of the commission 5 in assuring that a fair examination is conducted. A fair 6 examination shall explore the competence of the applicant in 7 the particular field of examination. The names of persons 8 approved to administer any examination under this section shall 9 be posted in the city hall at least twenty-four hours prior to 10 the examination. 11 DIVISION VI 12 COLLECTIVE BARGAINING 13 Sec. 18. Section 20.1, subsection 2, paragraph a, Code 2021, 14 is amended to read as follows: 15 a. Determining appropriate bargaining units , amending 16 the composition of previously determined bargaining units 17 represented by a certified employee organization, reconsidering 18 and altering the composition of previously determined 19 bargaining units which are not represented by a certified 20 employee organization, and conducting representation elections. 21 Sec. 19. Section 20.3, subsection 11, Code 2021, is amended 22 by adding the following new paragraphs: 23 NEW PARAGRAPH . g. A correctional officer or correctional 24 supervisor employed by the Iowa department of corrections whose 25 primary purpose is, through ongoing direct inmate contact, to 26 enforce and maintain discipline, safety, and security within a 27 correctional facility. 28 NEW PARAGRAPH . h. A jailer or detention officer who 29 performs duties as a jailer, including but not limited to the 30 transportation of inmates, who is certified as having completed 31 jailer training pursuant to chapter 80B, and who is employed 32 by a county as a jailer. 33 NEW PARAGRAPH . i. A peace officer employed by an 34 institution under the control of the state board of regents 35 -12- SF476.1765 (2) 89 cm/rh 12/ 27
whose position requires law enforcement certification pursuant 1 to section 262.13. 2 NEW PARAGRAPH . j. An emergency dispatcher for a county 3 sheriff. 4 Sec. 20. Section 20.13, Code 2021, is amended to read as 5 follows: 6 20.13 Bargaining unit determination , amendment, and 7 reconsideration . 8 1. Board The board’s determination of an appropriate 9 bargaining unit shall be upon petition filed by a public 10 employer, public employee, or employee organization. Except 11 as provided in subsection 4, the board’s amendment of the 12 composition of a represented bargaining unit shall be upon 13 petition filed by the employer or certified representative 14 of the bargaining unit. The board’s reconsideration of the 15 composition of a previously determined bargaining unit which is 16 not represented by a certified representative shall be upon the 17 combined petition of an employee organization which also seeks 18 a representation election pursuant to section 20.14, subsection 19 2. 20 2. Within thirty days of receipt of a petition, the board 21 shall conduct a public hearing, receive written or oral 22 testimony, and promptly thereafter file an order defining 23 the appropriate bargaining unit , amending or refusing to 24 amend the composition of a represented bargaining unit or 25 reconsidering and altering or refusing to alter the composition 26 of an unrepresented bargaining unit . In defining the unit, 27 or determining whether a unit should be amended or altered 28 in response to a petition for amendment or reconsideration, 29 the board shall take into consideration, along with other 30 relevant factors, the principles of efficient administration 31 of government, the existence of a community of interest among 32 public employees, the history and extent of public employee 33 organization, geographical location, and the recommendations 34 of the parties involved. 35 -13- SF476.1765 (2) 89 cm/rh 13/ 27
3. Appeals from such order shall be governed by the 1 provisions of chapter 17A . 2 4. 3. Professional and nonprofessional employees shall not 3 be included in the same bargaining unit unless a majority of 4 both agree. 5 4. Notwithstanding the provisions of subsection 1, a 6 petition to amend the composition of a represented bargaining 7 unit by the removal of public safety employees may be filed 8 by a public safety employee who is a member of the bargaining 9 unit. If the petition is accompanied by evidence satisfactory 10 to the board that the public safety employees in the bargaining 11 unit do not constitute at least thirty percent of the employees 12 in the unit and that a majority of the public safety employees 13 in the unit support the petition, the board shall conduct 14 a hearing within thirty days of its finding such evidence 15 satisfactory and shall promptly thereafter issue an order 16 granting or denying the requested amendment. If the board 17 amends the composition of the bargaining unit by removing 18 public safety employees, those employees may immediately be the 19 subject of a separate bargaining unit determination petition 20 filed in accordance with subsection 1. 21 5. Appeals from such orders shall be governed by the 22 provisions of chapter 17A. 23 Sec. 21. Section 20.15, Code 2021, is amended by striking 24 the section and inserting in lieu thereof the following: 25 20.15 Elections. 26 1. Upon the filing of a petition for certification of an 27 employee organization, the board shall submit a question to 28 the public employees at an election in the bargaining unit 29 found appropriate by the board. The question on the ballot 30 shall permit the public employees to vote for no bargaining 31 representation or for any employee organization which has 32 petitioned for certification or which has presented proof 33 satisfactory to the board of support of ten percent or more of 34 the public employees in the appropriate unit. 35 -14- SF476.1765 (2) 89 cm/rh 14/ 27
2. If a majority of the votes cast on the question is 1 for no bargaining representation, the public employees in 2 the bargaining unit found appropriate by the board shall not 3 be represented by an employee organization. If a majority 4 of the votes cast on the question is for a listed employee 5 organization, then that employee organization shall represent 6 the public employees in the bargaining unit found appropriate 7 by the board. 8 3. If none of the choices on the ballot receives the vote 9 of a majority of the public employees voting, the board shall 10 conduct a runoff election among the two choices receiving the 11 greatest number of votes. 12 4. Upon written objections filed by any party to the 13 election within ten days after notice of the results of 14 the election, if the board finds that misconduct or other 15 circumstances prevented the public employees eligible to 16 vote from freely expressing their preferences, the board may 17 invalidate the election and hold a second election for the 18 public employees. 19 5. Upon completion of a valid election in which the majority 20 choice of the employees voting is determined, the board shall 21 certify the results of the election and shall give reasonable 22 notice of the order to all employee organizations listed on the 23 ballot, the public employers, and the public employees in the 24 appropriate bargaining unit. 25 6. a. A petition for certification as exclusive bargaining 26 representative of a bargaining unit shall not be considered 27 by the board for a period of one year from the date of the 28 noncertification of an employee organization as the exclusive 29 bargaining representative of that bargaining unit following a 30 certification election. A petition for certification as the 31 exclusive bargaining representative of a bargaining unit shall 32 also not be considered by the board if the bargaining unit is 33 at that time represented by a certified exclusive bargaining 34 representative. 35 -15- SF476.1765 (2) 89 cm/rh 15/ 27
b. A petition for the decertification of the exclusive 1 bargaining representative of a bargaining unit shall not be 2 considered by the board for a period of one year from the date 3 of its certification, or within one year of its continued 4 certification following a decertification election, or during 5 the duration of a collective bargaining agreement which, for 6 purposes of this section, shall be deemed not to exceed two 7 years. However, if a petition for decertification is filed 8 during the duration of a collective bargaining agreement, the 9 board shall award an election under this section not more than 10 one hundred eighty days and not less than one hundred fifty 11 days prior to the expiration of the collective bargaining 12 agreement. If an employee organization is decertified, the 13 board may receive petitions under section 20.14, provided that 14 no such petition and no election conducted pursuant to such 15 petition within one year from decertification shall include as 16 a party the decertified employee organization. 17 7. A collective bargaining agreement with the state, its 18 boards, commissions, departments, and agencies shall be for two 19 years. The provisions of a collective bargaining agreement or 20 arbitrator’s award affecting state employees shall not provide 21 for renegotiations which would require the refinancing of 22 salary and fringe benefits for the second year of the term of 23 the agreement, except as provided in section 20.17, subsection 24 6. The effective date of any such agreement shall be July 1 of 25 odd-numbered years, provided that if an exclusive bargaining 26 representative is certified on a date which will prevent the 27 negotiation of a collective bargaining agreement prior to 28 July 1 of odd-numbered years for a period of two years, the 29 certified collective bargaining representative may negotiate 30 a one-year contract with the public employer which shall be 31 effective from July 1 of the even-numbered year to July 1 32 of the succeeding odd-numbered year when new contracts shall 33 become effective. 34 Sec. 22. Section 22.7, subsections 69 and 70, Code 2021, are 35 -16- SF476.1765 (2) 89 cm/rh 16/ 27
amended to read as follows: 1 69. The evidence of public employee support for 2 the certification , retention and recertification, or 3 decertification of an employee organization as defined in 4 section 20.3 that is submitted to the public employment 5 relations board as provided in section 20.14 or 20.15 . 6 70. Information indicating whether a public employee 7 voted in a certification , retention and recertification, or 8 decertification election held pursuant to section 20.15 or 9 how the employee voted on any question on a ballot in such an 10 election. 11 Sec. 23. Section 602.1401, subsection 3, paragraph b, Code 12 2021, is amended to read as follows: 13 b. For purposes of chapter 20 , the certified representative, 14 which on July 1, 1983, represents employees who become judicial 15 branch employees as a result of 1983 Iowa Acts, ch. 186 , shall 16 remain the certified representative when the employees become 17 judicial branch employees and thereafter, unless the public 18 employee organization is not retained and recertified or is 19 decertified in an election held under section 20.15 or amended 20 or absorbed into another certified organization pursuant to 21 chapter 20 . Collective bargaining negotiations shall be 22 conducted on a statewide basis and the certified employee 23 organizations which engage in bargaining shall negotiate on a 24 statewide basis, although bargaining units shall be organized 25 by judicial district. The public employment relations board 26 shall adopt rules pursuant to chapter 17A to implement this 27 subsection . 28 Sec. 24. Section 905.4, subsection 2, Code 2021, is amended 29 to read as follows: 30 2. Employ a director having the qualifications required by 31 section 905.6 to head the district department’s community-based 32 correctional program and, within a range established by the 33 Iowa department of corrections, fix the compensation of and 34 have control over the director and the district department’s 35 -17- SF476.1765 (2) 89 cm/rh 17/ 27
staff. For purposes of collective bargaining under chapter 1 20 , employees of the district board who are not exempt from 2 chapter 20 are employees of the state, and the employees of all 3 of the district boards shall be included within one collective 4 bargaining unit. Furthermore, employees of the district board 5 shall be considered state employees for purposes of section 6 8A.415, subsection 2. 7 Sec. 25. DIRECTIVES TO PUBLIC EMPLOYMENT RELATIONS BOARD. 8 1. The public employment relations board shall cancel any 9 elections scheduled or in process pursuant to section 20.15, 10 subsection 2, Code 2021, as of the effective date of this 11 division of this Act. 12 2. Notwithstanding section 20.15, subsection 1, paragraph 13 “c”, Code 2021, the public employment relations board 14 shall consider a petition for certification of an employee 15 organization as the exclusive representative of a bargaining 16 unit for which an employee organization was not retained and 17 recertified as the exclusive representative of that bargaining 18 unit regardless of the amount of time that has elapsed since 19 the retention and recertification election at which an employee 20 organization was not retained or recertified. 21 DIVISION VII 22 LAW ENFORCEMENT DATA COLLECTION AND REPORTING 23 Sec. 26. NEW SECTION . 13.12 Law enforcement data collection 24 and reporting. 25 1. Every state and local law enforcement agency shall 26 collect and compile data on each traffic, bicycle, or 27 pedestrian stop conducted by its officers, and shall report the 28 data to the attorney general on or before July 1 of each year, 29 subject to subsection 3. All of the following information 30 shall be collected and compiled for each stop, including but 31 not limited to stops that involve questioning or a driver’s 32 license or motor vehicle registration check but that do not 33 result in the issuance of a written citation or warning: 34 a. The time, date, location, and duration of the stop. 35 -18- SF476.1765 (2) 89 cm/rh 18/ 27
b. The reason for the stop. 1 c. Whether the officer performed a driver’s license or motor 2 vehicle registration check. 3 d. Whether the officer issued a citation or an oral or 4 written warning. 5 e. The offense for which the individual was warned, cited, 6 or arrested, if applicable. 7 f. The race, ethnicity, sex, and approximate age of the 8 individual, and whether English is the individual’s primary 9 language. The identification of these characteristics shall be 10 based primarily on information obtained from the individual’s 11 driver’s license or nonoperator’s identification card and 12 secondarily on the observations and perceptions of the officer 13 performing the stop. The officer shall not be required to 14 inquire about the individual’s race or ethnicity, or whether 15 English is the individual’s primary language, and shall rely 16 principally on such information encrypted on the individual’s 17 driver’s license or nonoperator’s identification card pursuant 18 to section 321.189 or 321.190. The identifying characteristics 19 of any passenger in the motor vehicle shall also be reported 20 if the stop involved the passenger and the officer performed a 21 search. 22 g. Whether the officer asked for consent to search the 23 individual or vehicle and whether the individual consented to 24 the search; whether the officer searched the individual, the 25 vehicle, or any property, and the basis for the search; and 26 whether the officer seized any property, a description of the 27 property seized, and the basis for seizing the property. 28 h. Whether the officer used physical force against the 29 individual and whether the individual used physical force 30 against the officer. 31 i. Any other information which the officer or law 32 enforcement agency considers appropriate. 33 2. The attorney general shall develop a standardized form to 34 be used by law enforcement agencies in collecting, compiling, 35 -19- SF476.1765 (2) 89 cm/rh 19/ 27
and reporting the information pursuant to subsection 1. 1 3. a. Every state law enforcement agency, every local law 2 enforcement agency with jurisdiction over a county, and every 3 local law enforcement agency with jurisdiction over a city with 4 a population of four thousand five hundred or more shall submit 5 its first report to the attorney general on or before July 1, 6 2021. 7 b. Every local law enforcement agency with jurisdiction over 8 a city with a population of at least two thousand five hundred 9 but less than four thousand five hundred shall submit its first 10 report to the attorney general on or before July 1, 2022. 11 c. Every local law enforcement agency with jurisdiction over 12 a city with a population of less than two thousand five hundred 13 shall submit its first report to the attorney general on or 14 before July 1, 2023. 15 4. a. Except as otherwise provided by law, a law 16 enforcement agency shall not grant access to any personal 17 identifying information contained in the data collected by 18 the agency to any person except a federal, state, local, or 19 tribal government employee or agent who requires access to such 20 information in order to collect, compile, and report the data 21 in accordance with this section. 22 b. A law enforcement agency may permit a contractor 23 or nongovernmental entity to access personal identifying 24 information contained in the data if the contractor or 25 nongovernmental entity signs an agreement with the agency 26 which prohibits further disclosure of the personal identifying 27 information by the contractor or nongovernmental entity, and 28 if the contractor or nongovernmental entity is required by the 29 agreement to maintain adequate security measures to prevent 30 unauthorized access to the personal identifying information. 31 5. On or before December 15, 2021, and each year thereafter, 32 the attorney general shall publish a report on the attorney 33 general’s internet site containing the compiled data and 34 reports received by the attorney general pursuant to this 35 -20- SF476.1765 (2) 89 cm/rh 20/ 27
section for the period ending July 1 of the calendar year in 1 which the report is published. The report shall not contain 2 any unique personal identifying information of any peace 3 officer or other person involved in a particular incident, 4 including but not limited to names and badge numbers. 5 Sec. 27. Section 321.189, subsection 2, paragraph a, Code 6 2021, is amended to read as follows: 7 a. Appearing on the driver’s license shall be a 8 distinguishing number assigned to the licensee; the licensee’s 9 full name, date of birth, sex, and residence address; a 10 color photograph; a physical description of the licensee; 11 the name of the state; the dates of issuance and expiration; 12 and the usual signature of the licensee. The license shall 13 identify the class of vehicle the licensee may operate and the 14 applicable endorsements and restrictions which the department 15 shall require by rule. The licensee’s race and ethnicity, and 16 whether English is the licensee’s primary language, shall be 17 encrypted on the back of the license. 18 Sec. 28. Section 321.190, subsection 1, paragraph a, Code 19 2021, is amended to read as follows: 20 a. The department shall, upon application and payment 21 of the required fee, issue to an applicant a nonoperator’s 22 identification card. To be valid the card shall bear a 23 distinguishing number other than a social security number 24 assigned to the cardholder, the full name, date of birth, 25 sex, residence address, a physical description and a color 26 photograph of the cardholder, the usual signature of the 27 cardholder, and such other information as the department may 28 require by rule. The card shall also contain the cardholder’s 29 race and ethnicity, and whether English is the cardholder’s 30 primary language, encrypted on the back of the card. An 31 applicant for a nonoperator’s identification card shall 32 apply for the card in the manner provided in section 321.182, 33 subsections 1 through 3 . The card shall be issued to the 34 applicant at the time of application pursuant to procedures 35 -21- SF476.1765 (2) 89 cm/rh 21/ 27
established by rule. An applicant for a nonoperator’s 1 identification card who is required by 50 U.S.C. app. §451 2 et seq. to register with the United States selective service 3 system shall be registered by the department with the selective 4 service system as provided in section 321.183 . 5 DIVISION VIII 6 CRITICAL INCIDENTS 7 Sec. 29. NEW SECTION . 80J.1 Peace officer-involved 8 shootings and peace officer-involved critical incidents —— 9 investigations. 10 1. As used in this section: 11 a. “Division” means the division of criminal investigation 12 of the department of public safety. 13 b. “Peace officer” means the same as defined in section 14 97A.1. 15 c. “Peace officer-involved critical incident” means any of 16 the following in the peace officer’s official capacity as a 17 peace officer: 18 (1) The use of a dangerous weapon by a peace officer against 19 any person that causes serious bodily injury or fatal injury 20 to any person. 21 (2) The use of a motor vehicle by a peace officer that 22 causes a physical injury to any person, including a fatal 23 injury. 24 (3) The death of a person who is in law enforcement custody, 25 not including a death that is the result of disease, natural 26 causes, or conditions that had been medically diagnosed prior 27 to the person’s death. 28 d. “Peace officer-involved shooting” means the discharge 29 of a firearm by a peace officer that results in a physical 30 injury, serious bodily injury, or death of a person, including 31 an accidental discharge of a firearm. 32 e. “Serious bodily injury” means bodily injury which 33 involves a substantial risk of death, unconsciousness, extreme 34 physical pain, protracted and obvious disfigurement, or 35 -22- SF476.1765 (2) 89 cm/rh 22/ 27
protracted loss or impairment of the function of a bodily 1 member, organ, or mental faculty. 2 2. A peace officer involved in a peace officer-involved 3 shooting or a peace officer-involved critical incident 4 shall have the right to have legal counsel present, at the 5 peace officer’s expense, during any investigation, including 6 an interview, interrogation, meetings, or any criminal 7 administrative proceedings rising out of the incident. The 8 peace officer shall be allowed a reasonable opportunity 9 to obtain legal counsel in advance of any interview, 10 interrogation, or proceeding. 11 3. The peace officer involved in the incident shall be 12 issued, upon request, at no charge, a certified copy of any 13 video or audio recordings related to the incident to use in the 14 peace officer’s defense, including body camera video, radio 15 traffic recordings, and any statements by the peace officer. 16 The records shall be provided at least forty-eight hours prior 17 to an interview, interrogation, or grand jury proceeding. The 18 peace officer or legal counsel for the peace officer shall 19 not release any confidential video or audio recordings to 20 the public without the written consent of the lawful records 21 custodian or a court order authorizing the release. 22 4. The name of the peace officer shall be kept confidential 23 until the peace officer has been interviewed or interrogated 24 as part of the criminal investigation, or until the peace 25 officer declines a voluntary interview. Personal information, 26 including a peace officer’s home address, personal contact 27 information, and date of birth shall be kept confidential. 28 5. The law enforcement agency employing a peace officer 29 involved in a peace officer-involved shooting or a peace 30 officer-involved critical incident shall promptly offer 31 confidential peer support and confidential counseling to the 32 peace officer at no charge to the peace officer. 33 DIVISION IX 34 JUSTICE AND COMMUNITY POLICING ADVISORY BOARD 35 -23- SF476.1765 (2) 89 cm/rh 23/ 27
Sec. 30. Section 216A.3, subsection 2, paragraph a, Code 1 2021, is amended to read as follows: 2 a. The voting members shall consist of nine voting members 3 selected by each of the permanent commissions within the 4 department, and two voting members, appointed by the governor. 5 For purposes of this paragraph “a” , “permanent commissions” 6 means the commission of Latino affairs, commission on the 7 status of women, commission of persons with disabilities, 8 commission on community action agencies, commission of deaf 9 services, justice and community policing advisory board, 10 commission on the status of African Americans, commission of 11 Asian and Pacific Islander affairs, and commission of Native 12 American affairs. The term of office for voting members is 13 four years. 14 Sec. 31. Section 216A.131, subsection 2, Code 2021, is 15 amended to read as follows: 16 2. “Board” means the justice and community policing advisory 17 board. 18 Sec. 32. Section 216A.132, subsection 1, Code 2021, is 19 amended by striking the subsection and inserting in lieu 20 thereof the following: 21 1. A justice and community policing advisory board is 22 established consisting of thirty-two members who shall all 23 reside in the state. 24 a. The governor shall appoint thirteen voting members 25 each for a four-year term beginning and ending as provided in 26 section 69.19 and subject to confirmation by the senate as 27 follows: 28 (1) A sheriff who is a member of the Iowa state sheriffs’ 29 and deputies’ association. 30 (2) A chief of police who is a member of the Iowa police 31 chiefs association. 32 (3) A peace officer who is a member of the Iowa peace 33 officers association. 34 (4) A peace officer who is a member of the fraternal order 35 -24- SF476.1765 (2) 89 cm/rh 24/ 27
of police. 1 (5) A peace officer who is a member of the Iowa state police 2 association. 3 (6) A representative from the Iowa-Nebraska national 4 association for the advancement of colored people. 5 (7) A representative from the American civil liberties 6 union of Iowa. 7 (8) A representative from the Iowa coalition for collective 8 change. 9 (9) One person who was formerly under juvenile court or 10 correctional supervision. 11 (10) A representative from the office of the state public 12 defender. 13 (11) A representative from the Iowa county attorneys 14 association. 15 (12) Two persons representing the general public who are 16 not employed in any law enforcement, judicial, or corrections 17 capacity, including one person who is older than fifteen years 18 of age but less than twenty-five years of age. 19 b. The following shall serve on the board as ex officio, 20 nonvoting members: 21 (1) The chairperson of the commission on the status of 22 African Americans or its designee. 23 (2) The chairperson of the commission of Latino affairs or 24 its designee. 25 (3) The chairperson of the commission of Asian and Pacific 26 Islander affairs or its designee. 27 (4) The chairperson of the commission of Native American 28 affairs or its designee. 29 (5) The director of the department of human services or its 30 designee. 31 (6) The director of the department of public health or its 32 designee. 33 (7) The commissioner of the department of public safety or 34 its designee. 35 -25- SF476.1765 (2) 89 cm/rh 25/ 27
(8) The director of the Iowa law enforcement academy or its 1 designee. 2 (9) The director of the department of corrections or its 3 designee. 4 (10) The chairperson of the board of parole or its designee. 5 (11) The attorney general or its designee. 6 (12) The director of the governor’s office of drug control 7 policy or its designee. 8 (13) One member representing the judicial district 9 departments of correctional services designated by a majority 10 of the directors of the judicial district departments of 11 correctional services. 12 (14) The chief justice of the supreme court shall designate 13 the following: 14 (a) One member who is a district judge. 15 (b) One member who is either a district associate judge or 16 associate juvenile judge. 17 (15) The chairperson and ranking member of the senate 18 committee on judiciary shall be ex officio, nonvoting members. 19 In alternating two-year terms, beginning and ending as provided 20 in section 69.16B, the chairperson and ranking member of the 21 house committee on judiciary or of the house committee on 22 public safety shall be ex officio, nonvoting members, with the 23 chairperson and ranking member of the house committee on public 24 safety serving during the term beginning in January 2022. 25 Sec. 33. Section 216A.133, subsection 3, paragraph o, Code 26 2021, is amended by adding the following new subparagraph: 27 NEW SUBPARAGRAPH . (9) Potential disparity in law 28 enforcement activities and the delivery of law enforcement 29 services. 30 Sec. 34. Section 216A.133, subsection 3, Code 2021, is 31 amended by adding the following new paragraphs: 32 NEW PARAGRAPH . s. Studying and making recommendations for 33 eliminating disparity in law enforcement activities and the 34 delivery of law enforcement services. 35 -26- SF476.1765 (2) 89 cm/rh 26/ 27
NEW PARAGRAPH . t. Recommending to the department the 1 adoption of rules pursuant to chapter 17A as it deems necessary 2 for the collection, compilation, and reporting of stop data 3 pursuant to section 80I.4. 4 Sec. 35. Section 216A.135, subsection 2, Code 2021, is 5 amended by adding the following new paragraph: 6 NEW PARAGRAPH . g. An assessment and analysis of the 7 collection, compilation, and reporting of stop data compiled by 8 law enforcement agencies, including an analysis of disparate 9 treatment based on personal demographics across geographic 10 areas of the state, the past and current status of racial 11 profiling across the state, and the impact on law enforcement 12 stop, search, and seizure tactics. > 13 2. Title page, by striking lines 1 through 6 and inserting 14 < An Act relating to public records including confidentiality, 15 access, data collection, the enforcement of public records 16 violations, and uniform commercial code filings; certain 17 employment matters including benefits, workers’ compensation, 18 civil actions, and public employment; and law enforcement 19 including critical incidents and racial profiling. > 20 ______________________________ KONFRST of Polk -27- SF476.1765 (2) 89 cm/rh 27/ 27 #2.