H-1336

   Amend Senate File 476, as amended, passed, and reprinted by the Senate, as follows:
   1.  By striking everything after the enacting clause and inserting: 
<DIVISION I
PUBLIC RECORDS —— CONFIDENTIALITY —— CIVIL ENFORCEMENT

   Section 1.  Section 9E.1, Code 2021, is amended to read as follows:
   9E.1  Purpose.
   The general assembly finds that individuals attempting to escape from actual or threatened domestic abuse, domestic abuse assault, sexual abuse, assault, stalking, or human trafficking frequently establish new addresses in order to prevent their assailants or probable assailants from finding them. The purpose of this chapter is to enable state and local agencies to respond to requests for data without disclosing the location of a victim of domestic abuse, domestic abuse assault, sexual abuse, assault, stalking, or human trafficking; to enable interagency cooperation with the secretary of state in providing address confidentiality for victims of domestic abuse, domestic abuse assault, sexual abuse, assault, stalking, or human trafficking; and to enable program participants to use an address designated by the secretary of state as a substitute mailing address for the purposes specified in this chapter. In addition, the purpose of this chapter is to prevent such victims from being physically located through a public records search.
   Sec. 2.  Section 9E.2, subsection 6, paragraph a, Code 2021, is amended to read as follows:
   a.  “Eligible person” means a person who is all a resident of this state, an adult, a minor, or an incapacitated person as defined in section 633.701, and is one of the following:
   (1)  A resident of this state.
   (2)  An adult, a minor, or an incapacitated person as defined in section 633.701.
   (3)  A victim of domestic abuse, domestic abuse assault, sexual abuse, assault, stalking, or human trafficking as evidenced by the filing of a petition pursuant to section 236.3 or a criminal complaint or information pursuant to section 708.1, 708.2A, 708.11, or 710A.2, or any violation contained in chapter 709.
   (2)  A currently active or retired judicial officer or a spouse or child of such a person. For purposes of this subparagraph, “judicial officer” means the same as defined in section 602.1101 and includes a federal judge.
   (3)  A currently active or retired state or local prosecuting attorney, as defined in section 801.4, or a spouse or child of such a person.
   (4)  A currently active or retired peace officer, as defined in section 801.4, or a spouse or child of such a person.
   Sec. 3.  Section 9E.3, subsection 1, paragraph b, subparagraph (1), subparagraph division (a), Code 2021, is amended to read as follows:
   (a)  The eligible person listed on the application is a victim of domestic abuse, domestic abuse assault, sexual abuse, assault, stalking, or human trafficking.
   Sec. 4.  Section 9E.3, subsection 1, paragraph e, Code 2021, is amended to read as follows:
   e.  The residential address of the eligible person, disclosure of which could lead to an increased risk of domestic abuse, domestic abuse assault, sexual abuse, assault, stalking, or human trafficking.
   Sec. 5.  Section 9E.7, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  Upon request by a program participant, the assessor or the assessor’s staff shall redact the requestor’s name contained in electronic documents that are displayed for public access through an internet site. The assessor shall implement and maintain a process to facilitate these requests. A fee shall not be charged for the administration of this subsection.
   Sec. 6.  Section 22.10, subsection 3, paragraph b, subparagraph (2), Code 2021, is amended to read as follows:
   (2)  Had good reason to believe and in good faith believed facts which, if true, would have indicated compliance with the requirements of this chapter.  For purposes of this subparagraph, “good reason to believe and in good faith believed” means the person engaged in a balancing test in weighing the individual privacy interest against the public’s need to access the record based upon a reasonable reliance on the facts.
   Sec. 7.  Section 331.604, subsection 3, Code 2021, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  f.  Upon request by a law enforcement officer, as defined in section 80B.3, or state or federal judicial officer or state or federal prosecutor, the assessor or the assessor’s staff shall redact the requestor’s name contained in electronic documents that are displayed for public access through an internet site. This paragraph does not apply to a requestor holding or seeking public office. The assessor shall implement and maintain a process to facilitate these requests. A fee shall not be charged for the administration of this paragraph.
   Sec. 8.  Section 622.10, subsection 9, paragraphs a and b, Code 2021, are amended to read as follows:
   a.  A peer support group counselor or individual present for a group crisis intervention who obtains information from an officer or a civilian employee of a law enforcement agency or fire department by reason of the counselor’s capacity as a peer support group counselor or an individual’s presence for a group crisis intervention shall not be allowed, in giving testimony, to disclose any confidential communication properly entrusted to the counselor or individual present for a group crisis intervention by the officer or civilian employee while receiving counseling or group crisis intervention.
   b.  The prohibition in this subsection does not apply where the officer or civilian employee has consented to the disclosure of the information specified in paragraph “a” or where the peer support group counselor or individual present for a group crisis intervention was an initial responding officer, a witness, or a party to the incident which prompted the delivery of peer support group counseling services or the group crisis intervention to the officer or civilian employee.
DIVISION II
UNIFORM COMMERCIAL CODE —— FRAUDULENT FILINGS

   Sec. 9.  Section 554.9510, subsection 1, Code 2021, is amended to read as follows:
   1.  Filed record effective if authorized.  A filed record is effective only to the extent that it was filed by a person that may file it under section 554.9509 or by the filing office under section 554.9513A.
   Sec. 10.  NEW SECTION.  554.9513A  Termination of wrongfully filed financing statement —— reinstatement.
   1.  Trusted filer.  “Trusted filer” means a person that does any of the following:
   a.  Regularly causes records to be communicated to the filing office for filing and has provided the filing office with current contact information and information sufficient to establish the person’s identity.
   b.  Satisfies either of the following conditions:
   (1)  The filing office has issued the person credentials for access to online filing services.
   (2)  The person has established a prepaid or direct debit account for payment of filing fees, regardless of whether the account is used in a particular transaction.
   2.  Affidavit of wrongful filing.  A person identified as debtor in a filed financing statement may deliver to the filing office a notarized, sworn affidavit that identifies the financing statement by file number, indicates the affiant’s mailing address, and states that the affiant believes that the filed record identifying the affiant as debtor was not authorized to be filed and was caused to be communicated to the filing office with the intent to harass or defraud the affiant. The filing office may reject an affidavit that is incomplete or that it believes was delivered to it with the intent to harass or defraud the secured party. The office of the secretary of state shall adopt a form of affidavit for use under this section.
   3.  Termination statement by filing office.  Subject to subsection 11, if an affidavit is delivered to the filing office under subsection 2, the filing office shall promptly file a termination statement with respect to the financing statement identified in the affidavit. The termination statement must identify by its file number the initial financing statement to which it relates and must indicate that it was filed pursuant to this section. A termination statement filed under this subsection is not effective until ninety days after it is filed.
   4.  No fee charged or refunded.  The filing office shall not charge a fee for the filing of an affidavit under subsection 2 or a termination statement under subsection 3. The filing office shall not return any fee paid for filing the financing statement identified in the affidavit, whether or not the financing statement is reinstated under subsection 7.
   5.  Notice of termination statement.  On the same day that a filing office files a termination statement under subsection 3, the filing office shall send to the secured party of record for the financing statement to which the termination statement relates a notice stating that the termination statement has been filed and will become effective ninety days after filing. The notice shall be sent by certified mail, return receipt requested, to the address provided for the secured party of record in the financing statement with a copy sent by electronic mail to the electronic mail address provided by the secured party of record, if any.
   6.  Administrative review —— action for reinstatement.  A secured party that believes in good faith that the filed record identified in an affidavit delivered to the filing office under subsection 2 was authorized to be filed and was not caused to be communicated to the filing office with the intent to harass or defraud the affiant may:
   a.  Before the termination statement takes effect, request that the filing office conduct an expedited review of the filed record and any documentation provided by the secured party. The filing office may as a result of this review remove from the record the termination statement filed by it under subsection 3 before it takes effect and conduct an administrative review under subsection 11.
   b.  File an action against the office seeking reinstatement of the financing statement to which the filed record relates at any time before the expiration of six months after the date on which the termination stated filed under subsection 3 becomes effective. If the affiant is not named as a defendant in the action, the secured party shall send a copy of the petition to the affiant at the address indicated in the affidavit. The exclusive venue for the action shall be in the district court for the county where the filing office in which the financing statement was filed is located. The action shall be considered by the court on an expedited basis.
   7.  Filing office to file notice of action for reinstatement.  Within ten days after being served with process in an action under subsection 6, the filing office shall file a notice indicating that the action has been commenced. The notice must indicate the file number of the initial financing statement to which the notice relates.
   8.  Action for reinstatement successful.  If, in an action under subsection 6, the court determines that the financing statement was authorized to be filed and was not caused to be communicated to the filing office with the intent to harass or defraud the affiant, the court shall order that the financing statement be reinstated. If an order of reinstatement is issued by the court, the filing office shall promptly file a record that identifies by its file number the initial financing statement to which the record relates and indicates that the financing statement has been reinstated.
   9.  Effect of reinstatement.  Upon the filing of a record reinstating a financing statement under subsection 8, the effectiveness of the financing statement is reinstated and the financing statement shall be considered never to have been terminated under this section except as against a purchaser of the collateral that gives value in reasonable reliance upon the termination. A continuation statement filed as provided in section 554.9515, subsection 4, after the effective date of a termination statement filed under subsection 3 or 11 becomes effective if the financing statement is reinstated.
   10.  Liability for wrongful filing.  If, in an action under subsection 6, the court determines that the filed record identified in an affidavit delivered to the filing office under subsection 2 was caused to be communicated to the filing office with the intent to harass or defraud the affiant, the filing office and the affiant may recover from the secured party that filed the action the costs and expenses, including reasonable attorney fees and the reasonable allocated costs of internal counsel, that the filing office and the affiant incurred in the action. This recovery is in addition to any recovery to which the affiant is entitled under section 554.9625.
   11.  Procedure for record filed by trusted filer.  If an affidavit delivered to a filing office under subsection 2 relates to a filed record communicated to the filing office by a trusted filer, the filing office shall promptly send to the secured party of record a notice stating that the affidavit has been delivered to the filing office and that the filing office is conducting an administrative review to determine whether the record was caused to be communicated with the intent to harass or defraud the affiant. The notice shall be sent by certified mail, return receipt requested, to the address provided for the secured party in the financing statement with a copy sent by electronic mail to the electronic mail address provided by the secured party of record, if any, and a copy shall be sent in the same manner to the affiant. The administrative review shall be conducted on an expedited basis and the filing office may require the affiant and the secured party of record to provide any additional information that the filing office deems appropriate. If the filing office concludes that the record was caused to be communicated with the intent to harass or defraud the affiant, the filing office shall promptly file a termination statement under subsection 2 that will be effective immediately and send to the secured party of record the notice required by subsection 5. The secured party may thereafter file an action for reinstatement under subsection 6 and the provisions of subsections 7 through 10 are applicable.
   Sec. 11.  NEW SECTION.  714.29  Records filed with intent to harass or defraud.
   1.  A person shall not cause to be communicated to the filing office as defined in section 554.9102 for filing a record if all of the following are true:
   a.  The person is not authorized to file the record under section 554.9509.
   b.  The record is not related to an existing or anticipated transaction that is or will be governed by chapter 554, article 9.
   c.  The record is filed with the intent to harass or defraud the person identified as debtor in the record.
   2.  A person that violates subsection 1 is guilty of a simple misdemeanor for a first offense and a serious misdemeanor for a second or subsequent offense.
DIVISION III
ACCRUED SICK LEAVE —— RETIRED PUBLIC SAFETY EMPLOYEES

   Sec. 12.  NEW SECTION.  70A.23A  Credit for accrued sick leave —— public safety employees.
   A public safety employee, as defined by section 20.3, subsection 11, who retires and has applied for retirement benefits under an eligible retirement system, shall receive credit for all accumulated, unused sick leave which shall be converted at current value and credited to an account for the public safety employee for the purpose of paying the public safety employee’s cost of the monthly premiums for continuance of the public safety employee’s health insurance plan. Upon the death of a retired public safety employee, the spouse or surviving spouse shall be entitled to the value of the accumulated unused sick leave for the purpose of paying the cost of monthly premiums for continuation of a public safety employee’s health insurance policy for the public safety employee’s surviving spouse or dependents. This section shall not apply to sections 509A.13 and 509A.13A.
DIVISION IV
WORKERS’ COMPENSATION —— ACTIONS AND OFFSETS

   Sec. 13.  Section 85.26, subsection 1, Code 2021, is amended to read as follows:
   1.  An original proceeding for benefits under this chapter or chapter 85A, 85B, or 86, shall not be maintained in any contested case unless the proceeding is commenced within two years from the date of the occurrence of the injury for which benefits are claimed or one year from the date a denial of liability is received by the employee, whichever is later, or, if weekly compensation benefits are paid under section 86.13, within three years from the date of the last payment of weekly compensation benefits. For the purposes of this section, “date of the occurrence of the injury” means the date that the employee knew or should have known that the injury was work-related.
   Sec. 14.  Section 97A.6, subsection 11, Code 2021, is amended to read as follows:
   11.  Pensions offset by compensation benefits.
   a.  Any amounts which may be paid or payable by the state under the provisions of any workers’ compensation or similar law to a member or to the dependents of a member on account of any disability or death, shall be offset against and payable in lieu of any benefits payable out of the retirement fund provided by the state under the provisions of this chapter on account of the same disability or death. In case the present value of the total commuted benefits under said workers’ compensation or similar law is less than the present value of the benefits otherwise payable from the retirement fund provided by the state under this chapter, then the present value of the commuted payments shall be deducted from the pension payable and such benefits as may be provided by the system so reduced shall be payable under the provisions of this chapter.
   b.  Notwithstanding paragraph “a”, any workers’ compensation benefits received by a member for past medical expenses or future medical expenses shall not be offset against and not considered payable in lieu of any retirement allowance payable pursuant to this section on account of the same disability.
   c.  Notwithstanding paragraph “a”, any workers’ compensation benefits received by a member for reimbursement of vacation time used, sick time used, or for any unpaid time off from work shall not be offset against and not considered payable in lieu of any retirement allowance payable pursuant to this section on account of the same disability.
   Sec. 15.  Section 97B.50A, subsection 5, Code 2021, is amended to read as follows:
   5.  Offset to allowance.
   a.  Notwithstanding any provisions to the contrary in state law, or any applicable contract or policy, any amounts which may be paid or payable by the employer under any workers’ compensation, unemployment compensation, employer-paid disability plan, program, or policy, or other law to a member, and any disability payments the member receives pursuant to the federal Social Security Act, 42 U.S.C. §423 et seq., shall be offset against and payable in lieu of any retirement allowance payable pursuant to this section on account of the same disability.
   b.  Notwithstanding paragraph “a”, any workers’ compensation benefits received by a member for past medical expenses or future medical expenses shall not be offset against and not considered payable in lieu of any retirement allowance payable pursuant to this section on account of the same disability.
   c.  Notwithstanding paragraph “a”, any workers’ compensation benefits received by a member for reimbursement of vacation time used, sick time used, or for any unpaid time off from work shall not be offset against and not considered payable in lieu of any retirement allowance payable pursuant to this section on account of the same disability.
DIVISION V
CIVIL SERVICE COMMISSION EXAMINATIONS

   Sec. 16.  Section 400.8, subsection 2, Code 2021, is amended to read as follows:
   2.  The commission shall establish the guidelines for conducting the examinations under subsection 1 of this section. It may prepare and administer the examinations or may The commission shall hire persons with expertise to do so if the commission approves the examinations prepare and administer the examinations approved by the commission. It may also hire persons with expertise to consult in the preparation of such examinations if the persons so hired are employed to aid personnel of the commission in assuring that a fair examination is conducted. A fair examination shall explore the competence of the applicant in the particular field of examination.
   Sec. 17.  Section 400.9, subsection 2, Code 2021, is amended to read as follows:
   2.  The commission shall establish guidelines for conducting the examinations under subsection 1. It may prepare and administer the examinations or may The commission shall hire persons with expertise to do so if the commission approves the examinations and if the examinations apply to prepare and administer the examinations approved by the commission for the position in the city for which the applicant is taking the examination. It may also hire persons with expertise to consult in the preparation of such examinations if the persons so hired are employed to aid personnel of the commission in assuring that a fair examination is conducted. A fair examination shall explore the competence of the applicant in the particular field of examination. The names of persons approved to administer any examination under this section shall be posted in the city hall at least twenty-four hours prior to the examination.
DIVISION VI
COLLECTIVE BARGAINING

   Sec. 18.  Section 20.1, subsection 2, paragraph a, Code 2021, is amended to read as follows:
   a.  Determining appropriate bargaining units, amending the composition of previously determined bargaining units represented by a certified employee organization, reconsidering and altering the composition of previously determined bargaining units which are not represented by a certified employee organization, and conducting representation elections.
   Sec. 19.  Section 20.3, subsection 11, Code 2021, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  g.  A correctional officer or correctional supervisor employed by the Iowa department of corrections whose primary purpose is, through ongoing direct inmate contact, to enforce and maintain discipline, safety, and security within a correctional facility.
   NEW PARAGRAPH.  h.  A jailer or detention officer who performs duties as a jailer, including but not limited to the transportation of inmates, who is certified as having completed jailer training pursuant to chapter 80B, and who is employed by a county as a jailer.
   NEW PARAGRAPH.  i.  A peace officer employed by an institution under the control of the state board of regents whose position requires law enforcement certification pursuant to section 262.13.
   NEW PARAGRAPH.  j.  An emergency dispatcher for a county sheriff.
   Sec. 20.  Section 20.13, Code 2021, is amended to read as follows:
   20.13  Bargaining unit determination, amendment, and reconsideration.
   1.  Board The board’s determination of an appropriate bargaining unit shall be upon petition filed by a public employer, public employee, or employee organization.  Except as provided in subsection 4, the board’s amendment of the composition of a represented bargaining unit shall be upon petition filed by the employer or certified representative of the bargaining unit. The board’s reconsideration of the composition of a previously determined bargaining unit which is not represented by a certified representative shall be upon the combined petition of an employee organization which also seeks a representation election pursuant to section 20.14, subsection 2.
   2.  Within thirty days of receipt of a petition, the board shall conduct a public hearing, receive written or oral testimony, and promptly thereafter file an order defining the appropriate bargaining unit, amending or refusing to amend the composition of a represented bargaining unit or reconsidering and altering or refusing to alter the composition of an unrepresented bargaining unit. In defining the unit, or determining whether a unit should be amended or altered in response to a petition for amendment or reconsideration, the board shall take into consideration, along with other relevant factors, the principles of efficient administration of government, the existence of a community of interest among public employees, the history and extent of public employee organization, geographical location, and the recommendations of the parties involved.
   3.  Appeals from such order shall be governed by the provisions of chapter 17A.
   4.  3.  Professional and nonprofessional employees shall not be included in the same bargaining unit unless a majority of both agree.
   4.  Notwithstanding the provisions of subsection 1, a petition to amend the composition of a represented bargaining unit by the removal of public safety employees may be filed by a public safety employee who is a member of the bargaining unit. If the petition is accompanied by evidence satisfactory to the board that the public safety employees in the bargaining unit do not constitute at least thirty percent of the employees in the unit and that a majority of the public safety employees in the unit support the petition, the board shall conduct a hearing within thirty days of its finding such evidence satisfactory and shall promptly thereafter issue an order granting or denying the requested amendment. If the board amends the composition of the bargaining unit by removing public safety employees, those employees may immediately be the subject of a separate bargaining unit determination petition filed in accordance with subsection 1.
   5.  Appeals from such orders shall be governed by the provisions of chapter 17A.
   Sec. 21.  Section 20.15, Code 2021, is amended by striking the section and inserting in lieu thereof the following:
   20.15  Elections.
   1.  Upon the filing of a petition for certification of an employee organization, the board shall submit a question to the public employees at an election in the bargaining unit found appropriate by the board. The question on the ballot shall permit the public employees to vote for no bargaining representation or for any employee organization which has petitioned for certification or which has presented proof satisfactory to the board of support of ten percent or more of the public employees in the appropriate unit.
   2.  If a majority of the votes cast on the question is for no bargaining representation, the public employees in the bargaining unit found appropriate by the board shall not be represented by an employee organization. If a majority of the votes cast on the question is for a listed employee organization, then that employee organization shall represent the public employees in the bargaining unit found appropriate by the board.
   3.  If none of the choices on the ballot receives the vote of a majority of the public employees voting, the board shall conduct a runoff election among the two choices receiving the greatest number of votes.
   4.  Upon written objections filed by any party to the election within ten days after notice of the results of the election, if the board finds that misconduct or other circumstances prevented the public employees eligible to vote from freely expressing their preferences, the board may invalidate the election and hold a second election for the public employees.
   5.  Upon completion of a valid election in which the majority choice of the employees voting is determined, the board shall certify the results of the election and shall give reasonable notice of the order to all employee organizations listed on the ballot, the public employers, and the public employees in the appropriate bargaining unit.
   6.  a.  A petition for certification as exclusive bargaining representative of a bargaining unit shall not be considered by the board for a period of one year from the date of the noncertification of an employee organization as the exclusive bargaining representative of that bargaining unit following a certification election. A petition for certification as the exclusive bargaining representative of a bargaining unit shall also not be considered by the board if the bargaining unit is at that time represented by a certified exclusive bargaining representative.
   b.  A petition for the decertification of the exclusive bargaining representative of a bargaining unit shall not be considered by the board for a period of one year from the date of its certification, or within one year of its continued certification following a decertification election, or during the duration of a collective bargaining agreement which, for purposes of this section, shall be deemed not to exceed two years. However, if a petition for decertification is filed during the duration of a collective bargaining agreement, the board shall award an election under this section not more than one hundred eighty days and not less than one hundred fifty days prior to the expiration of the collective bargaining agreement. If an employee organization is decertified, the board may receive petitions under section 20.14, provided that no such petition and no election conducted pursuant to such petition within one year from decertification shall include as a party the decertified employee organization.
   7.  A collective bargaining agreement with the state, its boards, commissions, departments, and agencies shall be for two years. The provisions of a collective bargaining agreement or arbitrator’s award affecting state employees shall not provide for renegotiations which would require the refinancing of salary and fringe benefits for the second year of the term of the agreement, except as provided in section 20.17, subsection 6. The effective date of any such agreement shall be July 1 of odd-numbered years, provided that if an exclusive bargaining representative is certified on a date which will prevent the negotiation of a collective bargaining agreement prior to July 1 of odd-numbered years for a period of two years, the certified collective bargaining representative may negotiate a one-year contract with the public employer which shall be effective from July 1 of the even-numbered year to July 1 of the succeeding odd-numbered year when new contracts shall become effective.
   Sec. 22.  Section 22.7, subsections 69 and 70, Code 2021, are amended to read as follows:
   69.  The evidence of public employee support for the certification, retention and recertification, or decertification of an employee organization as defined in section 20.3 that is submitted to the public employment relations board as provided in section 20.14 or 20.15.
   70.  Information indicating whether a public employee voted in a certification, retention and recertification, or decertification election held pursuant to section 20.15 or how the employee voted on any question on a ballot in such an election.
   Sec. 23.  Section 602.1401, subsection 3, paragraph b, Code 2021, is amended to read as follows:
   b.  For purposes of chapter 20, the certified representative, which on July 1, 1983, represents employees who become judicial branch employees as a result of 
1983 Iowa Acts, ch. 186
, shall remain the certified representative when the employees become judicial branch employees and thereafter, unless the public employee organization is not retained and recertified or is decertified in an election held under section 20.15 or amended or absorbed into another certified organization pursuant to chapter 20. Collective bargaining negotiations shall be conducted on a statewide basis and the certified employee organizations which engage in bargaining shall negotiate on a statewide basis, although bargaining units shall be organized by judicial district. The public employment relations board shall adopt rules pursuant to chapter 17A to implement this subsection.
   Sec. 24.  Section 905.4, subsection 2, Code 2021, 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.  Furthermore, employees of the district board shall be considered state employees for purposes of section 8A.415, subsection 2.
   Sec. 25.  DIRECTIVES TO PUBLIC EMPLOYMENT RELATIONS BOARD.
   1.  The public employment relations board shall cancel any elections scheduled or in process pursuant to section 20.15, subsection 2, Code 2021, as of the effective date of this division of this Act.
   2.  Notwithstanding section 20.15, subsection 1, paragraph “c”, Code 2021, the public employment relations board shall consider a petition for certification of an employee organization as the exclusive representative of a bargaining unit for which an employee organization was not retained and recertified as the exclusive representative of that bargaining unit regardless of the amount of time that has elapsed since the retention and recertification election at which an employee organization was not retained or recertified.
DIVISION VII
LAW ENFORCEMENT DATA COLLECTION AND REPORTING

   Sec. 26.  NEW SECTION.  13.12  Law enforcement data collection and reporting.
   1.  Every state and local law enforcement agency shall collect and compile data on each traffic, bicycle, or pedestrian stop conducted by its officers, and shall report the data to the attorney general on or before July 1 of each year, subject to subsection 3. All of the following information shall be collected and compiled for each stop, including but not limited to stops that involve questioning or a driver’s license or motor vehicle registration check but that do not result in the issuance of a written citation or warning:
   a.  The time, date, location, and duration of the stop.
   b.  The reason for the stop.
   c.  Whether the officer performed a driver’s license or motor vehicle registration check.
   d.  Whether the officer issued a citation or an oral or written warning.
   e.  The offense for which the individual was warned, cited, or arrested, if applicable.
   f.  The race, ethnicity, sex, and approximate age of the individual, and whether English is the individual’s primary language. The identification of these characteristics shall be based primarily on information obtained from the individual’s driver’s license or nonoperator’s identification card and secondarily on the observations and perceptions of the officer performing the stop. The officer shall not be required to inquire about the individual’s race or ethnicity, or whether English is the individual’s primary language, and shall rely principally on such information encrypted on the individual’s driver’s license or nonoperator’s identification card pursuant to section 321.189 or 321.190. The identifying characteristics of any passenger in the motor vehicle shall also be reported if the stop involved the passenger and the officer performed a search.
   g.  Whether the officer asked for consent to search the individual or vehicle and whether the individual consented to the search; whether the officer searched the individual, the vehicle, or any property, and the basis for the search; and whether the officer seized any property, a description of the property seized, and the basis for seizing the property.
   h.  Whether the officer used physical force against the individual and whether the individual used physical force against the officer.
   i.  Any other information which the officer or law enforcement agency considers appropriate.
   2.  The attorney general shall develop a standardized form to be used by law enforcement agencies in collecting, compiling, and reporting the information pursuant to subsection 1. 
   3.  a.  Every state law enforcement agency, every local law enforcement agency with jurisdiction over a county, and every local law enforcement agency with jurisdiction over a city with a population of four thousand five hundred or more shall submit its first report to the attorney general on or before July 1, 2021. 
   b.  Every local law enforcement agency with jurisdiction over a city with a population of at least two thousand five hundred but less than four thousand five hundred shall submit its first report to the attorney general on or before July 1, 2022. 
   c.  Every local law enforcement agency with jurisdiction over a city with a population of less than two thousand five hundred shall submit its first report to the attorney general on or before July 1, 2023. 
   4.  a.  Except as otherwise provided by law, a law enforcement agency shall not grant access to any personal identifying information contained in the data collected by the agency to any person except a federal, state, local, or tribal government employee or agent who requires access to such information in order to collect, compile, and report the data in accordance with this section.
   b.  A law enforcement agency may permit a contractor or nongovernmental entity to access personal identifying information contained in the data if the contractor or nongovernmental entity signs an agreement with the agency which prohibits further disclosure of the personal identifying information by the contractor or nongovernmental entity, and if the contractor or nongovernmental entity is required by the agreement to maintain adequate security measures to prevent unauthorized access to the personal identifying information.
   5.  On or before December 15, 2021, and each year thereafter, the attorney general shall publish a report on the attorney general’s internet site containing the compiled data and reports received by the attorney general pursuant to this section for the period ending July 1 of the calendar year in which the report is published. The report shall not contain any unique personal identifying information of any peace officer or other person involved in a particular incident, including but not limited to names and badge numbers.
   Sec. 27.  Section 321.189, subsection 2, paragraph a, Code 2021, is amended to read as follows:
   a.  Appearing on the driver’s license shall be a distinguishing number assigned to the licensee; the licensee’s full name, date of birth, sex, and residence address; a color photograph; a physical description of the licensee; the name of the state; the dates of issuance and expiration; and the usual signature of the licensee. The license shall identify the class of vehicle the licensee may operate and the applicable endorsements and restrictions which the department shall require by rule.  The licensee’s race and ethnicity, and whether English is the licensee’s primary language, shall be encrypted on the back of the license.
   Sec. 28.  Section 321.190, subsection 1, paragraph a, Code 2021, is amended to read as follows:
   a.  The department shall, upon application and payment of the required fee, issue to an applicant a nonoperator’s identification card. To be valid the card shall bear a distinguishing number other than a social security number assigned to the cardholder, the full name, date of birth, sex, residence address, a physical description and a color photograph of the cardholder, the usual signature of the cardholder, and such other information as the department may require by rule.  The card shall also contain the cardholder’s race and ethnicity, and whether English is the cardholder’s primary language, encrypted on the back of the card. An applicant for a nonoperator’s identification card shall apply for the card in the manner provided in section 321.182, subsections 1 through 3. The card shall be issued to the applicant at the time of application pursuant to procedures established by rule. An applicant for a nonoperator’s identification card who is required by 50 U.S.C. app. §451 et seq. to register with the United States selective service system shall be registered by the department with the selective service system as provided in section 321.183.
DIVISION VIII
CRITICAL INCIDENTS

   Sec. 29.  NEW SECTION.  80J.1  Peace officer-involved shootings and peace officer-involved critical incidents —— investigations.
   1.  As used in this section:
   a.  “Division” means the division of criminal investigation of the department of public safety.
   b.  “Peace officer” means the same as defined in section 97A.1.
   c.  “Peace officer-involved critical incident” means any of the following in the peace officer’s official capacity as a peace officer:
   (1)  The use of a dangerous weapon by a peace officer against any person that causes serious bodily injury or fatal injury to any person.
   (2)  The use of a motor vehicle by a peace officer that causes a physical injury to any person, including a fatal injury.
   (3)  The death of a person who is in law enforcement custody, not including a death that is the result of disease, natural causes, or conditions that had been medically diagnosed prior to the person’s death.
   d.  “Peace officer-involved shooting” means the discharge of a firearm by a peace officer that results in a physical injury, serious bodily injury, or death of a person, including an accidental discharge of a firearm.
   e.  “Serious bodily injury” means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
   2.  A peace officer involved in a peace officer-involved shooting or a peace officer-involved critical incident shall have the right to have legal counsel present, at the peace officer’s expense, during any investigation, including an interview, interrogation, meetings, or any criminal administrative proceedings rising out of the incident. The peace officer shall be allowed a reasonable opportunity to obtain legal counsel in advance of any interview, interrogation, or proceeding.
   3.  The peace officer involved in the incident shall be issued, upon request, at no charge, a certified copy of any video or audio recordings related to the incident to use in the peace officer’s defense, including body camera video, radio traffic recordings, and any statements by the peace officer. The records shall be provided at least forty-eight hours prior to an interview, interrogation, or grand jury proceeding. The peace officer or legal counsel for the peace officer shall not release any confidential video or audio recordings to the public without the written consent of the lawful records custodian or a court order authorizing the release.
   4.  The name of the peace officer shall be kept confidential until the peace officer has been interviewed or interrogated as part of the criminal investigation, or until the peace officer declines a voluntary interview. Personal information, including a peace officer’s home address, personal contact information, and date of birth shall be kept confidential.
   5.  The law enforcement agency employing a peace officer involved in a peace officer-involved shooting or a peace officer-involved critical incident shall promptly offer confidential peer support and confidential counseling to the peace officer at no charge to the peace officer.
DIVISION IX
JUSTICE AND COMMUNITY POLICING ADVISORY BOARD

   Sec. 30.  Section 216A.3, subsection 2, paragraph a, Code 2021, is amended to read as follows:
   a.  The voting members shall consist of nine voting members selected by each of the permanent commissions within the department, and two voting members, appointed by the governor. For purposes of this paragraph “a”, “permanent commissions” means the commission of Latino affairs, commission on the status of women, commission of persons with disabilities, commission on community action agencies, commission of deaf services, justice and community policing advisory board, commission on the status of African Americans, commission of Asian and Pacific Islander affairs, and commission of Native American affairs. The term of office for voting members is four years.
   Sec. 31.  Section 216A.131, subsection 2, Code 2021, is amended to read as follows:
   2.  “Board” means the justice and community policing advisory board.
   Sec. 32.  Section 216A.132, subsection 1, Code 2021, is amended by striking the subsection and inserting in lieu thereof the following:
   1.  A justice and community policing advisory board is established consisting of thirty-two members who shall all reside in the state.
   a.  The governor shall appoint thirteen voting members each for a four-year term beginning and ending as provided in section 69.19 and subject to confirmation by the senate as follows:
   (1)  A sheriff who is a member of the Iowa state sheriffs’ and deputies’ association.
   (2)  A chief of police who is a member of the Iowa police chiefs association.
   (3)  A peace officer who is a member of the Iowa peace officers association.
   (4)  A peace officer who is a member of the fraternal order of police.
   (5)  A peace officer who is a member of the Iowa state police association.
   (6)  A representative from the Iowa-Nebraska national association for the advancement of colored people.
   (7)  A representative from the American civil liberties union of Iowa.
   (8)  A representative from the Iowa coalition for collective change.
   (9)  One person who was formerly under juvenile court or correctional supervision.
   (10)  A representative from the office of the state public defender.
   (11)  A representative from the Iowa county attorneys association.
   (12)  Two persons representing the general public who are not employed in any law enforcement, judicial, or corrections capacity, including one person who is older than fifteen years of age but less than twenty-five years of age.
   b.  The following shall serve on the board as ex officio, nonvoting members:
   (1)  The chairperson of the commission on the status of African Americans or its designee.
   (2)  The chairperson of the commission of Latino affairs or its designee.
   (3)  The chairperson of the commission of Asian and Pacific Islander affairs or its designee.
   (4)  The chairperson of the commission of Native American affairs or its designee.
   (5)  The director of the department of human services or its designee.
   (6)  The director of the department of public health or its designee.
   (7)  The commissioner of the department of public safety or its designee.
   (8)  The director of the Iowa law enforcement academy or its designee.
   (9)  The director of the department of corrections or its designee.
   (10)  The chairperson of the board of parole or its designee.
   (11)  The attorney general or its designee.
   (12)  The director of the governor’s office of drug control policy or its designee.
   (13)  One member representing the judicial district departments of correctional services designated by a majority of the directors of the judicial district departments of correctional services.
   (14)  The chief justice of the supreme court shall designate the following:
   (a)  One member who is a district judge.
   (b)  One member who is either a district associate judge or associate juvenile judge.
   (15)  The chairperson and ranking member of the senate committee on judiciary shall be ex officio, nonvoting members. In alternating two-year terms, beginning and ending as provided in section 69.16B, the chairperson and ranking member of the house committee on judiciary or of the house committee on public safety shall be ex officio, nonvoting members, with the chairperson and ranking member of the house committee on public safety serving during the term beginning in January 2022.
   Sec. 33.  Section 216A.133, subsection 3, paragraph o, Code 2021, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (9)  Potential disparity in law enforcement activities and the delivery of law enforcement services.
   Sec. 34.  Section 216A.133, subsection 3, Code 2021, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  s.  Studying and making recommendations for eliminating disparity in law enforcement activities and the delivery of law enforcement services.
   NEW PARAGRAPH.  t.  Recommending to the department the adoption of rules pursuant to chapter 17A as it deems necessary for the collection, compilation, and reporting of stop data pursuant to section 80I.4.
   Sec. 35.  Section 216A.135, subsection 2, Code 2021, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  g.  An assessment and analysis of the collection, compilation, and reporting of stop data compiled by law enforcement agencies, including an analysis of disparate treatment based on personal demographics across geographic areas of the state, the past and current status of racial profiling across the state, and the impact on law enforcement stop, search, and seizure tactics.>
   2.  Title page, by striking lines 1 through 6 and inserting <An Act relating to public records including confidentiality, access, data collection, the enforcement of public records violations, and uniform commercial code filings; certain employment matters including benefits, workers’ compensation, civil actions, and public employment; and law enforcement including critical incidents and racial profiling.>

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KONFRST of Polk