Senate
File
342
H-1342
Amend
Senate
File
342,
as
passed
by
the
Senate,
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
DIVISION
I
4
PUBLIC
RECORDS
——
CONFIDENTIALITY
——
CIVIL
ENFORCEMENT
5
Section
1.
Section
9E.1,
Code
2021,
is
amended
to
read
as
6
follows:
7
9E.1
Purpose.
8
The
general
assembly
finds
that
individuals
attempting
to
9
escape
from
actual
or
threatened
domestic
abuse,
domestic
10
abuse
assault,
sexual
abuse,
assault,
stalking,
or
human
11
trafficking
frequently
establish
new
addresses
in
order
to
12
prevent
their
assailants
or
probable
assailants
from
finding
13
them.
The
purpose
of
this
chapter
is
to
enable
state
and
local
14
agencies
to
respond
to
requests
for
data
without
disclosing
15
the
location
of
a
victim
of
domestic
abuse,
domestic
abuse
16
assault,
sexual
abuse,
assault,
stalking,
or
human
trafficking;
17
to
enable
interagency
cooperation
with
the
secretary
of
state
18
in
providing
address
confidentiality
for
victims
of
domestic
19
abuse,
domestic
abuse
assault,
sexual
abuse,
assault,
stalking,
20
or
human
trafficking;
and
to
enable
program
participants
to
use
21
an
address
designated
by
the
secretary
of
state
as
a
substitute
22
mailing
address
for
the
purposes
specified
in
this
chapter
.
23
In
addition,
the
purpose
of
this
chapter
is
to
prevent
such
24
victims
from
being
physically
located
through
a
public
records
25
search.
26
Sec.
2.
Section
9E.2,
subsection
6,
paragraph
a,
Code
2021,
27
is
amended
to
read
as
follows:
28
a.
“Eligible
person”
means
a
person
who
is
all
a
resident
of
29
this
state,
an
adult,
a
minor,
or
an
incapacitated
person
as
30
defined
in
section
633.701,
and
is
one
of
the
following:
31
(1)
A
resident
of
this
state.
32
(2)
An
adult,
a
minor,
or
an
incapacitated
person
as
defined
33
in
section
633.701
.
34
(3)
A
victim
of
domestic
abuse,
domestic
abuse
assault,
35
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#1.
sexual
abuse,
assault,
stalking,
or
human
trafficking
as
1
evidenced
by
the
filing
of
a
petition
pursuant
to
section
236.3
2
or
a
criminal
complaint
or
information
pursuant
to
section
3
708.1,
708.2A
,
708.11
,
or
710A.2
,
or
any
violation
contained
4
in
chapter
709
.
5
(2)
A
currently
active
or
retired
state
or
local
judicial
6
officer,
as
defined
in
section
4.1,
a
federal
judge,
or
a
7
spouse
or
child
of
such
a
person.
8
(3)
A
currently
active
or
retired
state
or
local
prosecuting
9
attorney,
as
defined
in
section
801.4,
or
a
spouse
or
child
of
10
such
a
person.
11
(4)
A
currently
active
or
retired
peace
officer,
as
defined
12
in
section
801.4,
civilian
employee
of
a
law
enforcement
13
agency,
or
a
spouse
or
child
of
such
a
person.
14
Sec.
3.
Section
9E.3,
subsection
1,
paragraph
b,
15
subparagraph
(1),
subparagraph
division
(a),
Code
2021,
is
16
amended
to
read
as
follows:
17
(a)
The
eligible
person
listed
on
the
application
is
a
18
victim
of
domestic
abuse,
domestic
abuse
assault,
sexual
abuse,
19
assault,
stalking,
or
human
trafficking.
20
Sec.
4.
Section
9E.3,
subsection
1,
paragraph
e,
Code
2021,
21
is
amended
to
read
as
follows:
22
e.
The
residential
address
of
the
eligible
person,
23
disclosure
of
which
could
lead
to
an
increased
risk
of
domestic
24
abuse,
domestic
abuse
assault,
sexual
abuse,
assault,
stalking,
25
or
human
trafficking.
26
Sec.
5.
Section
9E.7,
Code
2021,
is
amended
by
adding
the
27
following
new
subsection:
28
NEW
SUBSECTION
.
4A.
Upon
request
by
a
program
participant,
29
the
assessor
or
the
assessor’s
staff
shall
redact
the
30
requestor’s
name
contained
in
electronic
documents
that
31
are
displayed
for
public
access
through
an
internet
site.
32
The
assessor
shall
implement
and
maintain
a
process
to
33
facilitate
these
requests.
A
fee
shall
not
be
charged
for
the
34
administration
of
this
paragraph.
35
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29
Sec.
6.
Section
22.10,
subsection
3,
paragraph
b,
1
subparagraph
(2),
Code
2021,
is
amended
to
read
as
follows:
2
(2)
Had
good
reason
to
believe
and
in
good
faith
believed
3
facts
which,
if
true,
would
have
indicated
compliance
with
the
4
requirements
of
this
chapter
.
It
shall
constitute
such
good
5
reason
and
good
faith
belief
and
a
court
shall
not
assess
any
6
damages,
costs,
or
fees
under
this
subsection
if
the
person
7
incorrectly
balanced
the
right
of
the
public
to
receive
public
8
records
against
the
rights
and
obligations
of
the
government
9
body
to
maintain
confidential
records
as
provided
in
section
10
22.7
under
any
judicially
created
balancing
test,
unless
the
11
person
is
unable
to
articulate
any
reasonable
basis
for
such
12
balancing.
13
Sec.
7.
Section
331.604,
subsection
3,
Code
2021,
is
amended
14
by
adding
the
following
new
paragraph:
15
NEW
PARAGRAPH
.
f.
(1)
Upon
request
by
a
peace
officer,
16
as
defined
in
section
801.4,
civilian
employee
of
a
law
17
enforcement
agency,
or
state
or
federal
judicial
officer
18
or
state
or
federal
prosecutor,
the
county
assessor
or
the
19
county
assessor’s
staff,
or
the
county
recorder
or
the
county
20
recorder’s
staff,
shall
redact
the
requestor’s
name
contained
21
in
electronic
documents
that
are
displayed
for
public
access
22
through
an
internet
site.
23
(2)
Upon
request
by
a
former
peace
officer,
as
defined
24
in
section
801.4,
or
a
former
civilian
employee
of
a
law
25
enforcement
agency,
the
county
assessor
or
the
county
26
assessor’s
staff,
or
the
county
recorder
or
the
county
27
recorder’s
staff,
may
redact,
upon
the
presentation
of
evidence
28
that
a
compelling
safety
interest
is
served
by
doing
so,
the
29
requestor’s
name
contained
in
electronic
documents
that
are
30
displayed
for
public
access
through
an
internet
site.
31
(3)
This
paragraph
does
not
apply
to
a
requestor
holding
or
32
seeking
public
office.
33
(4)
The
county
assessor
and
the
county
recorder
shall
34
implement
and
maintain
a
process
to
facilitate
requests
35
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29
pursuant
to
this
paragraph.
1
(5)
A
fee
shall
not
be
charged
for
the
administration
of
2
this
paragraph.
3
DIVISION
II
4
UNIFORM
COMMERCIAL
CODE
——
FRAUDULENT
FILINGS
5
Sec.
8.
Section
554.9510,
subsection
1,
Code
2021,
is
6
amended
to
read
as
follows:
7
1.
Filed
record
effective
if
authorized.
A
filed
record
8
is
effective
only
to
the
extent
that
it
was
filed
by
a
person
9
that
may
file
it
under
section
554.9509
or
by
the
filing
office
10
under
section
554.9513A
.
11
Sec.
9.
NEW
SECTION
.
554.9513A
Termination
of
wrongfully
12
filed
financing
statement
——
reinstatement.
13
1.
Trusted
filer.
“Trusted
filer”
means
a
person
that
does
14
any
of
the
following:
15
a.
Regularly
causes
records
to
be
communicated
to
the
16
filing
office
for
filing
and
has
provided
the
filing
office
17
with
current
contact
information
and
information
sufficient
to
18
establish
the
person’s
identity.
19
b.
Satisfies
either
of
the
following
conditions:
20
(1)
The
filing
office
has
issued
the
person
credentials
for
21
access
to
online
filing
services.
22
(2)
The
person
has
established
a
prepaid
or
direct
debit
23
account
for
payment
of
filing
fees,
regardless
of
whether
the
24
account
is
used
in
a
particular
transaction.
25
2.
Affidavit
of
wrongful
filing.
A
person
identified
as
26
debtor
in
a
filed
financing
statement
may
deliver
to
the
27
filing
office
a
notarized,
sworn
affidavit
that
identifies
the
28
financing
statement
by
file
number,
indicates
the
affiant’s
29
mailing
address,
and
states
that
the
affiant
believes
that
30
the
filed
record
identifying
the
affiant
as
debtor
was
not
31
authorized
to
be
filed
and
was
caused
to
be
communicated
to
the
32
filing
office
with
the
intent
to
harass
or
defraud
the
affiant.
33
The
filing
office
may
reject
an
affidavit
that
is
incomplete
or
34
that
it
believes
was
delivered
to
it
with
the
intent
to
harass
35
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or
defraud
the
secured
party.
The
office
of
the
secretary
1
of
state
shall
adopt
a
form
of
affidavit
for
use
under
this
2
section.
3
3.
Termination
statement
by
filing
office.
Subject
to
4
subsection
11,
if
an
affidavit
is
delivered
to
the
filing
5
office
under
subsection
2,
the
filing
office
shall
promptly
6
file
a
termination
statement
with
respect
to
the
financing
7
statement
identified
in
the
affidavit.
The
termination
8
statement
must
identify
by
its
file
number
the
initial
9
financing
statement
to
which
it
relates
and
must
indicate
that
10
it
was
filed
pursuant
to
this
section.
A
termination
statement
11
filed
under
this
subsection
is
not
effective
until
ninety
days
12
after
it
is
filed.
13
4.
No
fee
charged
or
refunded.
The
filing
office
shall
not
14
charge
a
fee
for
the
filing
of
an
affidavit
under
subsection
15
2
or
a
termination
statement
under
subsection
3.
The
filing
16
office
shall
not
return
any
fee
paid
for
filing
the
financing
17
statement
identified
in
the
affidavit,
whether
or
not
the
18
financing
statement
is
reinstated
under
subsection
7.
19
5.
Notice
of
termination
statement.
On
the
same
day
that
a
20
filing
office
files
a
termination
statement
under
subsection
21
3,
the
filing
office
shall
send
to
the
secured
party
of
record
22
for
the
financing
statement
to
which
the
termination
statement
23
relates
a
notice
stating
that
the
termination
statement
24
has
been
filed
and
will
become
effective
ninety
days
after
25
filing.
The
notice
shall
be
sent
by
certified
mail,
return
26
receipt
requested,
to
the
address
provided
for
the
secured
27
party
of
record
in
the
financing
statement
with
a
copy
sent
by
28
electronic
mail
to
the
electronic
mail
address
provided
by
the
29
secured
party
of
record,
if
any.
30
6.
Administrative
review
——
action
for
reinstatement.
A
31
secured
party
that
believes
in
good
faith
that
the
filed
record
32
identified
in
an
affidavit
delivered
to
the
filing
office
under
33
subsection
2
was
authorized
to
be
filed
and
was
not
caused
to
34
be
communicated
to
the
filing
office
with
the
intent
to
harass
35
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or
defraud
the
affiant
may:
1
a.
Before
the
termination
statement
takes
effect,
request
2
that
the
filing
office
conduct
an
expedited
review
of
the
3
filed
record
and
any
documentation
provided
by
the
secured
4
party.
The
filing
office
may
as
a
result
of
this
review
remove
5
from
the
record
the
termination
statement
filed
by
it
under
6
subsection
3
before
the
termination
statement
takes
effect
and
7
conduct
an
administrative
review
under
subsection
11.
8
b.
File
an
action
against
the
filing
office
seeking
9
reinstatement
of
the
financing
statement
to
which
the
filed
10
record
relates
at
any
time
before
the
expiration
of
six
months
11
after
the
date
on
which
the
termination
statement
filed
under
12
subsection
3
becomes
effective.
If
the
affiant
is
not
named
as
13
a
defendant
in
the
action,
the
secured
party
shall
send
a
copy
14
of
the
petition
to
the
affiant
at
the
address
indicated
in
the
15
affidavit.
The
exclusive
venue
for
the
action
shall
be
in
the
16
district
court
for
the
county
where
the
filing
office
in
which
17
the
financing
statement
was
filed
is
located.
The
action
shall
18
be
considered
by
the
court
on
an
expedited
basis.
19
7.
Filing
office
to
file
notice
of
action
for
20
reinstatement.
Within
ten
days
after
being
served
with
process
21
in
an
action
under
subsection
6,
the
filing
office
shall
file
22
a
notice
indicating
that
the
action
has
been
commenced.
The
23
notice
must
indicate
the
file
number
of
the
initial
financing
24
statement
to
which
the
notice
relates.
25
8.
Action
for
reinstatement
successful.
If,
in
an
action
26
under
subsection
6,
the
court
determines
that
the
financing
27
statement
was
authorized
to
be
filed
and
was
not
caused
to
be
28
communicated
to
the
filing
office
with
the
intent
to
harass
or
29
defraud
the
affiant,
the
court
shall
order
that
the
financing
30
statement
be
reinstated.
If
an
order
of
reinstatement
is
31
issued
by
the
court,
the
filing
office
shall
promptly
file
a
32
record
that
identifies
by
its
file
number
the
initial
financing
33
statement
to
which
the
record
relates
and
indicates
that
the
34
financing
statement
has
been
reinstated.
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9.
Effect
of
reinstatement.
Upon
the
filing
of
a
record
1
reinstating
a
financing
statement
under
subsection
8,
the
2
effectiveness
of
the
financing
statement
is
reinstated
and
the
3
financing
statement
shall
be
considered
never
to
have
been
4
terminated
under
this
section
except
as
against
a
purchaser
of
5
the
collateral
that
gives
value
in
reasonable
reliance
upon
6
the
termination.
A
continuation
statement
filed
as
provided
7
in
section
554.9515,
subsection
4,
after
the
effective
date
of
8
a
termination
statement
filed
under
subsection
3
or
11
becomes
9
effective
if
the
financing
statement
is
reinstated.
10
10.
Liability
for
wrongful
filing.
If,
in
an
action
under
11
subsection
6,
the
court
determines
that
the
filed
record
12
identified
in
an
affidavit
delivered
to
the
filing
office
under
13
subsection
2
was
caused
to
be
communicated
to
the
filing
office
14
with
the
intent
to
harass
or
defraud
the
affiant,
the
filing
15
office
and
the
affiant
may
recover
from
the
secured
party
that
16
filed
the
action
the
costs
and
expenses,
including
reasonable
17
attorney
fees
and
the
reasonable
allocated
costs
of
internal
18
counsel,
that
the
filing
office
and
the
affiant
incurred
in
the
19
action.
This
recovery
is
in
addition
to
any
recovery
to
which
20
the
affiant
is
entitled
under
section
554.9625.
21
11.
Procedure
for
record
filed
by
trusted
filer.
If
an
22
affidavit
delivered
to
a
filing
office
under
subsection
2
23
relates
to
a
filed
record
communicated
to
the
filing
office
by
24
a
trusted
filer,
the
filing
office
shall
promptly
send
to
the
25
secured
party
of
record
a
notice
stating
that
the
affidavit
has
26
been
delivered
to
the
filing
office
and
that
the
filing
office
27
is
conducting
an
administrative
review
to
determine
whether
the
28
record
was
caused
to
be
communicated
with
the
intent
to
harass
29
or
defraud
the
affiant.
The
notice
shall
be
sent
by
certified
30
mail,
return
receipt
requested,
to
the
address
provided
for
31
the
secured
party
in
the
financing
statement
with
a
copy
sent
32
by
electronic
mail
to
the
electronic
mail
address
provided
33
by
the
secured
party
of
record,
if
any,
and
a
copy
shall
be
34
sent
in
the
same
manner
to
the
affiant.
The
administrative
35
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review
shall
be
conducted
on
an
expedited
basis
and
the
filing
1
office
may
require
the
affiant
and
the
secured
party
of
record
2
to
provide
any
additional
information
that
the
filing
office
3
deems
appropriate.
If
the
filing
office
concludes
that
the
4
record
was
caused
to
be
communicated
with
the
intent
to
harass
5
or
defraud
the
affiant,
the
filing
office
shall
promptly
file
a
6
termination
statement
under
subsection
2
that
will
be
effective
7
immediately
and
send
to
the
secured
party
of
record
the
notice
8
required
by
subsection
5.
The
secured
party
may
thereafter
9
file
an
action
for
reinstatement
under
subsection
6
and
the
10
provisions
of
subsections
7
through
10
are
applicable.
11
Sec.
10.
NEW
SECTION
.
714.29
Records
filed
with
intent
to
12
harass
or
defraud.
13
1.
A
person
shall
not
cause
to
be
communicated
to
the
filing
14
office
as
defined
in
section
554.9102
for
filing
a
record
if
15
all
of
the
following
are
true:
16
a.
The
person
is
not
authorized
to
file
the
record
under
17
section
554.9509.
18
b.
The
record
is
not
related
to
an
existing
or
anticipated
19
transaction
that
is
or
will
be
governed
by
chapter
554,
article
20
9.
21
c.
The
record
is
filed
with
the
intent
to
harass
or
defraud
22
the
person
identified
as
debtor
in
the
record.
23
2.
A
person
that
violates
subsection
1
is
guilty
of
a
simple
24
misdemeanor
for
a
first
offense
and
a
serious
misdemeanor
for
a
25
second
or
subsequent
offense.
26
DIVISION
III
27
ACCRUED
SICK
LEAVE
——
RETIRED
PUBLIC
SAFETY
EMPLOYEES
28
Sec.
11.
NEW
SECTION
.
70A.23A
Credit
for
accrued
sick
leave
29
——
retired
public
safety
employees.
30
A
public
safety
employee,
as
defined
in
section
20.3,
31
subsection
11,
who
retires
and
has
applied
for
retirement
32
benefits
under
an
eligible
retirement
system,
shall
receive
33
credit
for
all
accumulated,
unused
sick
leave
which
shall
be
34
converted
at
current
value
and
credited
to
an
account
for
the
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public
safety
employee
for
the
purpose
of
paying
the
public
1
safety
employee’s
cost
of
the
monthly
premiums
for
continuance
2
of
the
public
safety
employee’s
health
insurance
plan.
Upon
3
the
death
of
a
retired
public
safety
employee,
the
surviving
4
spouse
or
dependents
shall
be
entitled
to
the
value
of
the
5
accumulated
unused
sick
leave
for
the
purpose
of
paying
the
6
cost
of
monthly
premiums
for
continuation
of
a
public
safety
7
employee’s
health
insurance
policy
for
the
public
safety
8
employee’s
surviving
spouse
or
dependents.
This
section
9
shall
not
apply
to
a
public
safety
employee
covered
under
a
10
collective
bargaining
agreement
which
provides
for
an
employer
11
paid
retirement
health
savings
plan.
12
DIVISION
IV
13
WORKERS’
COMPENSATION
——
ACTIONS
AND
OFFSETS
14
Sec.
12.
Section
97A.6,
subsection
11,
Code
2021,
is
amended
15
to
read
as
follows:
16
11.
Pensions
offset
by
compensation
benefits.
17
a.
Any
amounts
which
may
be
paid
or
payable
by
the
state
18
under
the
provisions
of
any
workers’
compensation
or
similar
19
law
to
a
member
or
to
the
dependents
of
a
member
on
account
of
20
any
disability
or
death,
shall
be
offset
against
and
payable
21
in
lieu
of
any
benefits
payable
out
of
the
retirement
fund
22
provided
by
the
state
under
the
provisions
of
this
chapter
on
23
account
of
the
same
disability
or
death.
In
case
the
present
24
value
of
the
total
commuted
benefits
under
said
workers’
25
compensation
or
similar
law
is
less
than
the
present
value
26
of
the
benefits
otherwise
payable
from
the
retirement
fund
27
provided
by
the
state
under
this
chapter
,
then
the
present
28
value
of
the
commuted
payments
shall
be
deducted
from
the
29
pension
payable
and
such
benefits
as
may
be
provided
by
the
30
system
so
reduced
shall
be
payable
under
the
provisions
of
this
31
chapter
.
32
b.
Notwithstanding
paragraph
“a”
,
any
workers’
compensation
33
benefits
received
by
a
member
for
past
medical
expenses
or
34
future
medical
expenses
shall
not
be
offset
against
and
not
35
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considered
payable
in
lieu
of
any
retirement
allowance
payable
1
pursuant
to
this
section
on
account
of
the
same
disability.
2
c.
Notwithstanding
paragraph
“a”
,
any
workers’
compensation
3
benefits
received
by
a
member
for
reimbursement
of
vacation
4
time
used,
sick
time
used,
or
for
any
unpaid
time
off
from
work
5
shall
not
be
offset
against
and
not
considered
payable
in
lieu
6
of
any
retirement
allowance
payable
pursuant
to
this
section
on
7
account
of
the
same
disability.
8
Sec.
13.
Section
97B.50A,
subsection
5,
Code
2021,
is
9
amended
to
read
as
follows:
10
5.
Offset
to
allowance.
11
a.
Notwithstanding
any
provisions
to
the
contrary
in
state
12
law,
or
any
applicable
contract
or
policy,
any
amounts
which
13
may
be
paid
or
payable
by
the
employer
under
any
workers’
14
compensation,
unemployment
compensation,
employer-paid
15
disability
plan,
program,
or
policy,
or
other
law
to
a
member,
16
and
any
disability
payments
the
member
receives
pursuant
to
17
the
federal
Social
Security
Act,
42
U.S.C.
§423
et
seq.,
18
shall
be
offset
against
and
payable
in
lieu
of
any
retirement
19
allowance
payable
pursuant
to
this
section
on
account
of
the
20
same
disability.
21
b.
Notwithstanding
paragraph
“a”
,
any
workers’
compensation
22
benefits
received
by
a
member
for
past
medical
expenses
or
23
future
medical
expenses
shall
not
be
offset
against
and
not
24
considered
payable
in
lieu
of
any
retirement
allowance
payable
25
pursuant
to
this
section
on
account
of
the
same
disability.
26
c.
Notwithstanding
paragraph
“a”
,
any
workers’
compensation
27
benefits
received
by
a
member
for
reimbursement
of
vacation
28
time
used,
sick
time
used,
or
for
any
unpaid
time
off
from
work
29
shall
not
be
offset
against
and
not
considered
payable
in
lieu
30
of
any
retirement
allowance
payable
pursuant
to
this
section
on
31
account
of
the
same
disability.
32
DIVISION
V
33
CIVIL
SERVICE
COMMISSION
EXAMINATIONS
34
Sec.
14.
Section
400.8,
subsection
2,
Code
2021,
is
amended
35
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to
read
as
follows:
1
2.
The
commission
shall
establish
the
guidelines
for
2
conducting
the
examinations
under
subsection
1
of
this
section
.
3
It
may
prepare
and
administer
the
examinations
or
may
The
4
commission
shall
hire
persons
with
expertise
to
do
so
if
the
5
commission
approves
the
examinations
prepare
and
administer
6
the
examinations
approved
by
the
commission
.
It
may
also
7
hire
persons
with
expertise
to
consult
in
the
preparation
of
8
such
examinations
if
the
persons
so
hired
are
employed
to
aid
9
personnel
of
the
commission
in
assuring
that
a
fair
examination
10
is
conducted.
A
fair
examination
shall
explore
the
competence
11
of
the
applicant
in
the
particular
field
of
examination.
12
Sec.
15.
Section
400.9,
subsection
2,
Code
2021,
is
amended
13
to
read
as
follows:
14
2.
The
commission
shall
establish
guidelines
for
conducting
15
the
examinations
under
subsection
1
.
It
may
prepare
and
16
administer
the
examinations
or
may
The
commission
shall
hire
17
persons
with
expertise
to
do
so
if
the
commission
approves
18
the
examinations
and
if
the
examinations
apply
to
prepare
and
19
administer
the
examinations
approved
by
the
commission
for
20
the
position
in
the
city
for
which
the
applicant
is
taking
21
the
examination.
It
may
also
hire
persons
with
expertise
to
22
consult
in
the
preparation
of
such
examinations
if
the
persons
23
so
hired
are
employed
to
aid
personnel
of
the
commission
24
in
assuring
that
a
fair
examination
is
conducted.
A
fair
25
examination
shall
explore
the
competence
of
the
applicant
in
26
the
particular
field
of
examination.
The
names
of
persons
27
approved
to
administer
any
examination
under
this
section
shall
28
be
posted
in
the
city
hall
at
least
twenty-four
hours
prior
to
29
the
examination.
30
DIVISION
VI
31
LAW
ENFORCEMENT
——
ELUDING
LAW
ENFORCEMENT
——
CARRYING
FIREARMS
32
Sec.
16.
Section
321.279,
Code
2021,
is
amended
to
read
as
33
follows:
34
321.279
Eluding
or
attempting
to
elude
pursuing
law
35
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29
enforcement
vehicle.
1
1.
a.
The
driver
of
a
motor
vehicle
commits
a
serious
2
misdemeanor
if
the
driver
willfully
fails
to
bring
the
motor
3
vehicle
to
a
stop
or
otherwise
eludes
or
attempts
to
elude
a
4
marked
or
unmarked
official
law
enforcement
vehicle
driven
by
a
5
uniformed
peace
officer
after
being
given
a
visual
and
audible
6
signal
to
stop.
The
signal
given
by
the
peace
officer
shall
7
be
by
flashing
red
light,
or
by
flashing
red
and
blue
lights,
8
and
siren.
For
purposes
of
this
section
,
“peace
officer”
means
9
those
officers
designated
under
section
801.4,
subsection
11
,
10
paragraphs
“a”
,
“b”
,
“c”
,
“f”
,
“g”
,
and
“h”
.
11
b.
The
driver
of
a
motor
vehicle
who
commits
a
second
or
12
subsequent
violation
under
this
subsection
is,
upon
conviction,
13
guilty
of
an
aggravated
misdemeanor.
14
2.
a.
The
driver
of
a
motor
vehicle
commits
an
aggravated
15
misdemeanor
if
the
driver
willfully
fails
to
bring
the
motor
16
vehicle
to
a
stop
or
otherwise
eludes
or
attempts
to
elude
a
17
marked
or
unmarked
official
law
enforcement
vehicle
that
is
18
driven
by
a
uniformed
peace
officer
after
being
given
a
visual
19
and
audible
signal
as
provided
in
this
section
and
in
doing
so
20
exceeds
the
speed
limit
by
twenty-five
miles
per
hour
or
more.
21
b.
The
driver
of
a
motor
vehicle
who
commits
a
violation
22
under
this
subsection
and
who
has
previously
committed
a
23
violation
under
this
subsection
or
subsection
3
is,
upon
24
conviction,
guilty
of
a
class
“D”
felony.
25
3.
a.
The
driver
of
a
motor
vehicle
commits
a
class
“D”
26
felony
if
the
driver
willfully
fails
to
bring
the
motor
vehicle
27
to
a
stop
or
otherwise
eludes
or
attempts
to
elude
a
marked
or
28
unmarked
official
law
enforcement
vehicle
that
is
driven
by
a
29
uniformed
peace
officer
after
being
given
a
visual
and
audible
30
signal
as
provided
in
this
section
,
and
in
doing
so
exceeds
the
31
speed
limit
by
twenty-five
miles
per
hour
or
more,
and
if
any
32
of
the
following
occurs:
33
(1)
The
driver
is
participating
in
a
public
offense,
as
34
defined
in
section
702.13
,
that
is
a
felony.
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(2)
The
driver
is
in
violation
of
section
321J.2
.
1
(3)
The
driver
is
in
violation
of
section
124.401
.
2
(4)
The
offense
results
in
bodily
injury
to
a
person
other
3
than
the
driver.
4
b.
The
driver
of
a
motor
vehicle
who
commits
a
second
or
5
subsequent
violation
under
this
subsection
is,
upon
conviction,
6
guilty
of
a
class
“C”
felony.
7
Sec.
17.
NEW
SECTION
.
724.4D
Authority
to
carry
firearm
8
——
peace
officers.
9
A
peace
officer
shall
not
be
prohibited
from
carrying
a
10
firearm
while
engaged
in
the
performance
of
official
duties.
11
DIVISION
VII
12
ASSAULTS
INVOLVING
LASERS
13
Sec.
18.
Section
708.1,
subsection
2,
Code
2021,
is
amended
14
by
adding
the
following
new
paragraph:
15
NEW
PARAGRAPH
.
d.
(1)
Intentionally
points
a
laser
16
emitting
a
visible
light
beam
at
another
person
with
the
intent
17
to
cause
pain
or
injury
to
another.
For
purposes
of
this
18
paragraph,
“laser”
means
a
device
that
emits
a
visible
light
19
beam
amplified
by
the
stimulated
emission
of
radiation
and
any
20
light
which
simulates
the
appearance
of
a
laser.
21
(2)
This
paragraph
does
not
apply
to
any
of
the
following:
22
(a)
A
law
enforcement
officer
who
uses
a
laser
in
23
discharging
or
attempting
to
discharge
the
officer’s
official
24
duties.
25
(b)
A
health
care
professional
who
uses
a
laser
in
providing
26
services
within
the
scope
of
practice
of
that
professional
or
27
any
other
person
who
is
licensed
or
authorized
by
law
to
use
a
28
laser
or
who
uses
a
laser
in
the
performance
of
the
person’s
29
official
duties.
30
(c)
A
person
who
uses
a
laser
to
play
laser
tag,
paintball,
31
and
other
similar
games
using
light-emitting
diode
technology.
32
DIVISION
VIII
33
ASSAULT
——
HARASSMENT
——
CRIMINAL
MISCHIEF
——
DISORDERLY
34
CONDUCT
35
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Sec.
19.
Section
321.366,
subsection
1,
Code
2021,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
g.
Operate
a
bicycle,
skateboard,
or
other
3
pedestrian
conveyance
or
be
a
pedestrian
anywhere
on
a
fully
4
controlled-access
facility.
For
purposes
of
this
paragraph,
5
“pedestrian
conveyance”
means
any
human-powered
device
by
which
6
a
pedestrian
may
move
other
than
by
walking
or
by
which
a
7
walking
person
may
move
another
pedestrian,
including
but
not
8
limited
to
strollers
and
wheelchairs.
9
Sec.
20.
Section
708.3A,
subsections
1,
2,
3,
and
4,
Code
10
2021,
are
amended
to
read
as
follows:
11
1.
A
person
who
commits
an
assault,
as
defined
in
section
12
708.1
,
against
a
peace
officer,
jailer,
correctional
staff,
13
member
or
employee
of
the
board
of
parole,
health
care
14
provider,
employee
of
the
department
of
human
services,
15
employee
of
the
department
of
revenue,
civilian
employee
of
a
16
law
enforcement
agency,
civilian
employee
of
a
fire
department,
17
or
fire
fighter,
whether
paid
or
volunteer,
with
the
knowledge
18
that
the
person
against
whom
the
assault
is
committed
is
a
19
peace
officer,
jailer,
correctional
staff,
member
or
employee
20
of
the
board
of
parole,
health
care
provider,
employee
of
21
the
department
of
human
services,
employee
of
the
department
22
of
revenue,
civilian
employee
of
a
law
enforcement
agency,
23
civilian
employee
of
a
fire
department,
or
fire
fighter
and
24
with
the
intent
to
inflict
a
serious
injury
upon
the
peace
25
officer,
jailer,
correctional
staff,
member
or
employee
of
26
the
board
of
parole,
health
care
provider,
employee
of
the
27
department
of
human
services,
employee
of
the
department
28
of
revenue,
civilian
employee
of
a
law
enforcement
agency,
29
civilian
employee
of
a
fire
department,
or
fire
fighter,
is
30
guilty
of
a
class
“D”
felony.
31
2.
A
person
who
commits
an
assault,
as
defined
in
section
32
708.1
,
against
a
peace
officer,
jailer,
correctional
staff,
33
member
or
employee
of
the
board
of
parole,
health
care
34
provider,
employee
of
the
department
of
human
services,
35
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employee
of
the
department
of
revenue,
civilian
employee
of
a
1
law
enforcement
agency,
civilian
employee
of
a
fire
department,
2
or
fire
fighter,
whether
paid
or
volunteer,
who
knows
that
3
the
person
against
whom
the
assault
is
committed
is
a
peace
4
officer,
jailer,
correctional
staff,
member
or
employee
of
5
the
board
of
parole,
health
care
provider,
employee
of
the
6
department
of
human
services,
employee
of
the
department
7
of
revenue,
civilian
employee
of
a
law
enforcement
agency,
8
civilian
employee
of
a
fire
department,
or
fire
fighter
and
9
who
uses
or
displays
a
dangerous
weapon
in
connection
with
the
10
assault,
is
guilty
of
a
class
“D”
felony.
11
3.
A
person
who
commits
an
assault,
as
defined
in
section
12
708.1
,
against
a
peace
officer,
jailer,
correctional
staff,
13
member
or
employee
of
the
board
of
parole,
health
care
14
provider,
employee
of
the
department
of
human
services,
15
employee
of
the
department
of
revenue,
civilian
employee
of
a
16
law
enforcement
agency,
civilian
employee
of
a
fire
department,
17
or
fire
fighter,
whether
paid
or
volunteer,
who
knows
that
18
the
person
against
whom
the
assault
is
committed
is
a
peace
19
officer,
jailer,
correctional
staff,
member
or
employee
of
20
the
board
of
parole,
health
care
provider,
employee
of
the
21
department
of
human
services,
employee
of
the
department
22
of
revenue,
civilian
employee
of
a
law
enforcement
agency,
23
civilian
employee
of
a
fire
department,
or
fire
fighter,
and
24
who
causes
bodily
injury
or
mental
illness,
is
guilty
of
an
25
aggravated
misdemeanor.
26
4.
Any
other
assault,
as
defined
in
section
708.1
,
committed
27
against
a
peace
officer,
jailer,
correctional
staff,
member
28
or
employee
of
the
board
of
parole,
health
care
provider,
29
employee
of
the
department
of
human
services,
employee
of
the
30
department
of
revenue,
civilian
employee
of
a
law
enforcement
31
agency,
civilian
employee
of
a
fire
department,
or
fire
32
fighter,
whether
paid
or
volunteer,
by
a
person
who
knows
33
that
the
person
against
whom
the
assault
is
committed
is
a
34
peace
officer,
jailer,
correctional
staff,
member
or
employee
35
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of
the
board
of
parole,
health
care
provider,
employee
of
1
the
department
of
human
services,
employee
of
the
department
2
of
revenue,
civilian
employee
of
a
law
enforcement
agency,
3
civilian
employee
of
a
fire
department,
or
fire
fighter,
is
a
4
serious
misdemeanor.
5
Sec.
21.
Section
708.7,
subsection
2,
paragraph
a,
Code
6
2021,
is
amended
by
adding
the
following
new
subparagraph:
7
NEW
SUBPARAGRAPH
.
(4)
Harassment
that
occurs
against
8
another
person
who
is
lawfully
in
a
place
of
public
9
accommodation
as
defined
in
section
216.2.
10
Sec.
22.
Section
716.4,
subsection
1,
Code
2021,
is
amended
11
to
read
as
follows:
12
1.
Criminal
mischief
is
criminal
mischief
in
the
second
13
degree
if
the
any
of
the
following
apply:
14
a.
The
cost
of
replacing,
repairing,
or
restoring
the
15
property
that
is
damaged,
defaced,
altered,
or
destroyed
16
exceeds
one
thousand
five
hundred
dollars
but
does
not
exceed
17
ten
thousand
dollars.
18
b.
The
acts
damaged,
defaced,
altered,
or
destroyed
any
19
publicly
owned
property,
including
a
monument
or
statue.
In
20
addition
to
any
sentence
imposed
for
a
violation
of
this
21
paragraph,
the
court
shall
include
an
order
of
restitution
22
for
any
property
damage
or
loss
incurred
as
a
result
of
the
23
offense.
24
Sec.
23.
Section
723.4,
Code
2021,
is
amended
by
striking
25
the
section
and
inserting
in
lieu
thereof
the
following:
26
723.4
Disorderly
conduct.
27
1.
A
person
commits
a
simple
misdemeanor
when
the
person
28
does
any
of
the
following:
29
a.
Engages
in
fighting
or
violent
behavior
in
any
public
30
place
or
in
or
near
any
lawful
assembly
of
persons,
provided,
31
that
participants
in
athletic
contests
may
engage
in
such
32
conduct
which
is
reasonably
related
to
that
sport.
33
b.
Makes
loud
and
raucous
noise
in
the
vicinity
of
any
34
residence
or
public
building
which
intentionally
or
recklessly
35
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causes
unreasonable
distress
to
the
occupants
thereof.
1
c.
Directs
abusive
epithets
or
makes
any
threatening
gesture
2
which
the
person
knows
or
reasonably
should
know
is
likely
to
3
provoke
a
violent
reaction
by
another.
4
d.
Without
lawful
authority
or
color
of
authority,
the
5
person
disturbs
any
lawful
assembly
or
meeting
of
persons
by
6
conduct
intended
to
disrupt
the
meeting
or
assembly.
7
e.
By
words
or
action,
initiates
or
circulates
a
report
or
8
warning
of
fire,
epidemic,
or
other
catastrophe,
knowing
such
9
report
to
be
false
or
such
warning
to
be
baseless.
10
f.
(1)
Knowingly
and
publicly
uses
the
flag
of
the
United
11
States
in
such
a
manner
as
to
show
disrespect
for
the
flag
as
12
a
symbol
of
the
United
States,
with
the
intent
or
reasonable
13
expectation
that
such
use
will
provoke
or
encourage
another
to
14
commit
trespass
or
assault.
15
(2)
As
used
in
this
paragraph:
16
(a)
“Deface”
means
to
intentionally
mar
the
external
17
appearance.
18
(b)
“Defile”
means
to
intentionally
make
physically
unclean.
19
(c)
“Flag”
means
a
piece
of
woven
cloth
or
other
material
20
designed
to
be
flown
from
a
pole
or
mast.
21
(d)
“Mutilate”
means
to
intentionally
cut
up
or
alter
so
as
22
to
make
imperfect.
23
(e)
“Show
disrespect”
means
to
deface,
defile,
mutilate,
or
24
trample.
25
(f)
“Trample”
means
to
intentionally
tread
upon
or
26
intentionally
cause
a
machine,
vehicle,
or
animal
to
tread
27
upon.
28
(3)
This
paragraph
does
not
apply
to
a
flag
retirement
29
ceremony
conducted
pursuant
to
federal
law.
30
2.
A
person
commits
a
serious
misdemeanor
when
the
person,
31
without
lawful
authority
or
color
of
authority,
obstructs
any
32
street,
sidewalk,
highway,
or
other
public
way,
with
the
intent
33
to
prevent
or
hinder
its
lawful
use
by
others.
34
3.
A
person
commits
an
aggravated
misdemeanor
when
the
35
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person
commits
disorderly
conduct
as
described
in
subsection
2
1
and
does
any
of
the
following:
2
a.
Obstructs
or
attempts
to
obstruct
a
fully
3
controlled-access
facility
on
a
highway,
street,
or
road
in
4
which
the
speed
restriction
is
controlled
by
section
321.285,
5
subsection
3,
or
section
321.285,
subsection
5.
6
b.
Commits
property
damage.
7
c.
Is
present
during
an
unlawful
assembly
as
defined
in
8
section
723.2.
9
4.
A
person
commits
a
class
“D”
felony
when
the
person
10
commits
disorderly
conduct
as
described
in
subsection
2
and
11
does
any
of
the
following:
12
a.
Is
present
during
a
riot
as
defined
in
section
723.1.
13
b.
Causes
bodily
injury.
14
5.
A
person
commits
a
class
“C”
felony
when
the
person
15
commits
disorderly
conduct
as
described
in
subsection
2
and
the
16
person
causes
serious
bodily
injury
or
death.
17
DIVISION
IX
18
ENFORCEMENT
OF
LAWS
19
Sec.
24.
NEW
SECTION
.
27B.1
Definitions.
20
1.
“Local
entity”
means
the
governing
body
of
a
city
or
21
county.
“Local
entity”
includes
an
officer
or
employee
of
a
22
local
entity
or
a
division,
department,
or
other
body
that
is
23
part
of
a
local
entity,
including
but
not
limited
to
a
sheriff,
24
police
department,
city
attorney,
or
county
attorney.
25
2.
“Policy”
includes
a
rule,
procedure,
regulation,
order,
26
ordinance,
motion,
resolution,
or
amendment,
whether
formal
and
27
written
or
informal
and
unwritten.
28
Sec.
25.
NEW
SECTION
.
27B.2
Restriction
on
enforcement
of
29
state,
local,
and
municipal
law
prohibited.
30
A
local
entity
or
law
enforcement
department
shall
not
31
adopt
or
enforce
a
policy
or
take
any
other
action
under
which
32
the
local
entity
or
law
enforcement
department
prohibits
or
33
discourages
the
enforcement
of
state,
local,
or
municipal
laws.
34
Sec.
26.
NEW
SECTION
.
27B.3
Discrimination
prohibited.
35
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29
A
local
entity
or
a
person
employed
by
or
otherwise
under
the
1
direction
or
control
of
a
local
entity
shall
not
consider
race,
2
skin
color,
language
spoken,
or
national
origin
while
enforcing
3
state,
local,
and
municipal
laws
except
to
the
extent
permitted
4
by
the
Constitution
of
the
United
States
or
the
Constitution
of
5
the
State
of
Iowa.
6
Sec.
27.
NEW
SECTION
.
27B.4
Complaints
——
notification
——
7
civil
action.
8
1.
Any
person
may
file
a
complaint
with
the
attorney
general
9
alleging
that
a
local
entity
has
violated
or
is
violating
10
this
chapter
if
the
person
offers
evidence
to
support
such
an
11
allegation.
The
person
shall
include
with
the
complaint
any
12
evidence
the
person
has
in
support
of
the
complaint.
13
2.
A
local
entity
for
which
the
attorney
general
has
14
received
a
complaint
pursuant
to
this
section
shall
comply
15
with
any
document
requests,
including
a
request
for
supporting
16
documents,
from
the
attorney
general
relating
to
the
complaint.
17
3.
A
complaint
filed
pursuant
to
subsection
1
shall
not
be
18
valid
unless
the
attorney
general
determines
that
a
violation
19
of
this
chapter
by
a
local
entity
was
intentional.
20
4.
If
the
attorney
general
determines
that
a
complaint
filed
21
pursuant
to
this
section
against
a
local
entity
is
valid,
the
22
attorney
general,
not
later
than
ten
days
after
the
date
of
23
such
a
determination,
shall
provide
written
notification
to
the
24
local
entity
by
certified
mail,
with
return
receipt
requested,
25
stating
all
of
the
following:
26
a.
A
complaint
pursuant
to
this
section
has
been
filed
and
27
the
grounds
for
the
complaint.
28
b.
The
attorney
general
has
determined
that
the
complaint
is
29
valid.
30
c.
The
attorney
general
is
authorized
to
file
a
civil
31
action
in
district
court
pursuant
to
subsection
6
to
enjoin
a
32
violation
of
this
chapter
no
later
than
forty
days
after
the
33
date
on
which
the
notification
is
received
if
the
local
entity
34
does
not
come
into
compliance
with
the
requirements
of
this
35
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chapter
.
1
d.
The
local
entity
and
any
entity
that
is
under
the
2
jurisdiction
of
the
local
entity
will
be
denied
state
funds
3
pursuant
to
section
27B.5
for
the
state
fiscal
year
following
4
the
year
in
which
a
final
judicial
determination
in
a
civil
5
action
brought
under
this
section
is
made.
6
5.
No
later
than
thirty
days
after
the
date
on
which
a
local
7
entity
receives
written
notification
under
subsection
4
,
the
8
local
entity
shall
provide
the
attorney
general
with
all
of
the
9
following:
10
a.
Copies
of
all
of
the
local
entity’s
written
policies
11
relating
to
the
complaint.
12
b.
A
description
of
all
actions
the
local
entity
has
taken
13
or
will
take
to
correct
any
violations
of
this
chapter
.
14
c.
If
applicable,
any
evidence
that
would
refute
the
15
allegations
made
in
the
complaint.
16
6.
No
later
than
forty
days
after
the
date
on
which
the
17
notification
pursuant
to
subsection
4
is
received,
the
attorney
18
general
shall
file
a
civil
action
in
district
court
to
enjoin
19
any
ongoing
violation
of
this
chapter
by
a
local
entity.
20
Sec.
28.
NEW
SECTION
.
27B.5
Denial
of
state
funds.
21
1.
Notwithstanding
any
other
provision
of
law
to
the
22
contrary,
a
local
entity,
including
any
entity
under
the
23
jurisdiction
of
the
local
entity,
shall
be
ineligible
to
24
receive
any
state
funds
if
the
local
entity
intentionally
25
violates
this
chapter
.
26
2.
State
funds
shall
be
denied
to
a
local
entity
pursuant
27
to
subsection
1
by
all
state
agencies
for
each
state
fiscal
28
year
that
begins
after
the
date
on
which
a
final
judicial
29
determination
that
the
local
entity
has
intentionally
violated
30
this
chapter
is
made
in
a
civil
action
brought
pursuant
to
31
section
27B.4,
subsection
6
.
State
funds
shall
continue
32
to
be
denied
until
eligibility
to
receive
state
funds
is
33
reinstated
under
section
27B.6
.
However,
any
state
funds
for
34
the
provision
of
wearable
body
protective
gear
used
for
law
35
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29
enforcement
purposes
shall
not
be
denied
under
this
section
.
1
3.
The
department
of
management
shall
adopt
rules
pursuant
2
to
chapter
17A
to
implement
this
section
and
section
27B.6
3
uniformly
across
state
agencies
from
which
state
funds
are
4
distributed
to
local
entities.
5
Sec.
29.
NEW
SECTION
.
27B.6
Reinstatement
of
eligibility
6
to
receive
state
funds.
7
1.
Except
as
provided
by
subsection
5
,
no
earlier
than
8
ninety
days
after
the
date
of
a
final
judicial
determination
9
that
a
local
entity
has
intentionally
violated
the
provisions
10
of
this
chapter
,
the
local
entity
may
petition
the
district
11
court
that
heard
the
civil
action
brought
pursuant
to
section
12
27B.4,
subsection
6
,
to
seek
a
declaratory
judgment
that
the
13
local
entity
is
in
full
compliance
with
this
chapter
.
14
2.
A
local
entity
that
petitions
the
court
as
described
by
15
subsection
1
shall
comply
with
any
document
requests,
including
16
a
request
for
supporting
documents,
from
the
attorney
general
17
relating
to
the
action.
18
3.
If
the
court
issues
a
declaratory
judgment
declaring
that
19
the
local
entity
is
in
full
compliance
with
this
chapter
,
the
20
local
entity’s
eligibility
to
receive
state
funds
is
reinstated
21
beginning
on
the
first
day
of
the
month
following
the
date
on
22
which
the
declaratory
judgment
is
issued.
23
4.
A
local
entity
shall
not
petition
the
court
as
described
24
in
subsection
1
more
than
twice
in
one
twelve-month
period.
25
5.
A
local
entity
may
petition
the
court
as
described
in
26
subsection
1
before
the
date
provided
in
subsection
1
if
the
27
person
who
was
the
director
or
other
chief
officer
of
the
28
local
entity
at
the
time
of
the
violation
of
this
chapter
is
29
subsequently
removed
from
or
otherwise
leaves
office.
30
6.
A
party
shall
not
be
entitled
to
recover
any
attorney
31
fees
in
a
civil
action
described
by
subsection
1
.
32
Sec.
30.
NEW
SECTION
.
27B.7
Attorney
general
database.
33
The
attorney
general
shall
develop
and
maintain
a
searchable
34
database
listing
each
local
entity
for
which
a
final
judicial
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determination
described
in
section
27B.5,
subsection
2
,
has
1
been
made.
The
attorney
general
shall
post
the
database
on
the
2
attorney
general’s
internet
site.
3
DIVISION
X
4
QUALIFIED
IMMUNITY
5
Sec.
31.
NEW
SECTION
.
669.14A
Qualified
immunity.
6
1.
Notwithstanding
any
other
provision
of
law,
an
employee
7
of
the
state
subject
to
a
claim
brought
under
this
chapter
8
shall
not
be
liable
for
monetary
damages
if
any
of
the
9
following
apply:
10
a.
The
right,
privilege,
or
immunity
secured
by
law
was
not
11
clearly
established
at
the
time
of
the
alleged
deprivation,
12
or
at
the
time
of
the
alleged
deprivation
the
state
of
the
13
law
was
not
sufficiently
clear
that
every
reasonable
employee
14
would
have
understood
that
the
conduct
alleged
constituted
a
15
violation
of
law.
16
b.
A
court
of
competent
jurisdiction
has
issued
a
final
17
decision
on
the
merits
holding,
without
reversal,
vacatur,
or
18
preemption,
that
the
specific
conduct
alleged
to
be
unlawful
19
was
consistent
with
the
law.
20
2.
The
state
or
a
state
agency
shall
not
be
liable
for
21
any
claim
brought
under
this
chapter
where
the
employee
22
was
determined
to
be
protected
by
qualified
immunity
under
23
subsection
1.
24
3.
A
plaintiff
who
brings
a
claim
under
this
chapter
25
alleging
a
violation
of
the
law
must
state
with
particularity
26
the
circumstances
constituting
the
violation
and
that
the
law
27
was
clearly
established
at
the
time
of
the
alleged
violation.
28
Failure
to
plead
a
plausible
violation
or
failure
to
plead
that
29
the
law
was
clearly
established
at
the
time
of
the
alleged
30
violation
shall
result
in
dismissal
with
prejudice.
31
4.
Any
decision
by
the
district
court
denying
qualified
32
immunity
shall
be
immediately
appealable.
33
5.
This
section
shall
apply
in
addition
to
any
other
34
statutory
or
common
law
immunity.
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Sec.
32.
NEW
SECTION
.
669.26
Money
damages
——
nonwaiver
1
of
rights.
2
This
chapter
shall
not
be
construed
to
be
a
waiver
of
3
sovereign
immunity
for
a
claim
for
money
damages
under
the
4
Constitution
of
the
State
of
Iowa.
5
Sec.
33.
NEW
SECTION
.
670.4A
Qualified
immunity.
6
1.
Notwithstanding
any
other
provision
of
law,
an
employee
7
or
officer
subject
to
a
claim
brought
under
this
chapter
shall
8
not
be
liable
for
monetary
damages
if
any
of
the
following
9
apply:
10
a.
The
right,
privilege,
or
immunity
secured
by
law
was
not
11
clearly
established
at
the
time
of
the
alleged
deprivation,
12
or
at
the
time
of
the
alleged
deprivation
the
state
of
the
13
law
was
not
sufficiently
clear
that
every
reasonable
employee
14
would
have
understood
that
the
conduct
alleged
constituted
a
15
violation
of
law.
16
b.
A
court
of
competent
jurisdiction
has
issued
a
final
17
decision
on
the
merits
holding,
without
reversal,
vacatur,
or
18
preemption,
that
the
specific
conduct
alleged
to
be
unlawful
19
was
consistent
with
the
law.
20
2.
A
municipality
shall
not
be
liable
for
any
claim
brought
21
under
this
chapter
where
the
employee
or
officer
was
determined
22
to
be
protected
by
qualified
immunity
under
subsection
1.
23
3.
A
plaintiff
who
brings
a
claim
under
this
chapter
24
alleging
a
violation
of
the
law
must
state
with
particularity
25
the
circumstances
constituting
the
violation
and
that
the
law
26
was
clearly
established
at
the
time
of
the
alleged
violation.
27
Failure
to
plead
a
plausible
violation
or
failure
to
plead
that
28
the
law
was
clearly
established
at
the
time
of
the
alleged
29
violation
shall
result
in
dismissal
with
prejudice.
30
4.
Any
decision
by
the
district
court
denying
qualified
31
immunity
shall
be
immediately
appealable.
32
5.
This
section
shall
apply
in
addition
to
any
other
33
statutory
or
common
law
immunity.
34
Sec.
34.
NEW
SECTION
.
670.14
Money
damages
——
nonwaiver
35
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of
rights.
1
This
chapter
shall
not
be
construed
to
be
a
waiver
of
2
sovereign
immunity
for
a
claim
for
money
damages
under
the
3
Constitution
of
the
State
of
Iowa.
4
Sec.
35.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
5
deemed
of
immediate
importance,
takes
effect
upon
enactment.
6
DIVISION
XI
7
PUBLIC
DISORDER
8
Sec.
36.
Section
723.1,
Code
2021,
is
amended
to
read
as
9
follows:
10
723.1
Riot.
11
A
riot
is
three
or
more
persons
assembled
together
in
a
12
violent
and
disturbing
manner,
to
the
disturbance
of
others,
13
and
with
any
use
of
unlawful
force
or
violence
by
them
or
any
14
of
them
against
another
person,
or
causing
property
damage.
15
A
person
who
willingly
joins
in
or
remains
a
part
of
a
riot,
16
knowing
or
having
reasonable
grounds
to
believe
that
it
is
17
such,
commits
an
aggravated
misdemeanor
a
class
“D”
felony
.
18
Sec.
37.
Section
723.2,
Code
2021,
is
amended
to
read
as
19
follows:
20
723.2
Unlawful
assembly.
21
An
unlawful
assembly
is
three
or
more
persons
assembled
22
together,
with
them
or
any
of
them
acting
in
a
violent
manner,
23
and
with
intent
that
they
or
any
of
them
will
commit
a
public
24
offense.
A
person
who
willingly
joins
in
or
remains
a
part
25
of
an
unlawful
assembly,
or
who
joined
a
lawful
assembly
but
26
willingly
remains
after
the
assembly
becomes
unlawful,
knowing
27
or
having
reasonable
grounds
to
believe
that
it
is
such,
28
commits
a
simple
an
aggravated
misdemeanor.
29
DIVISION
XII
30
PEACE
OFFICER,
PUBLIC
SAFETY,
AND
EMERGENCY
PERSONNEL
BILL
OF
31
RIGHTS
32
Sec.
38.
Section
80F.1,
subsection
1,
paragraph
a,
Code
33
2021,
is
amended
to
read
as
follows:
34
a.
“Complaint”
means
a
formal
written
allegation
signed
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by
the
complainant
or
a
signed
written
statement
by
an
1
officer
receiving
an
oral
complaint
stating
the
complainant’s
2
allegation.
3
Sec.
39.
Section
80F.1,
subsections
3,
5,
8,
9,
13,
and
18,
4
Code
2021,
are
amended
to
read
as
follows:
5
3.
A
formal
administrative
investigation
of
an
officer
6
shall
be
commenced
and
completed
in
a
reasonable
period
of
time
7
and
an
.
An
officer
shall
be
immediately
notified
in
writing
8
of
the
results
of
the
investigation
when
the
investigation
is
9
completed.
10
5.
An
officer
who
is
the
subject
of
a
complaint,
shall
at
a
11
minimum,
be
provided
a
written
summary
of
the
complaint
prior
12
to
an
interview.
If
a
collective
bargaining
agreement
applies,
13
the
complaint
or
written
summary
shall
be
provided
pursuant
14
to
the
procedures
established
under
the
collective
bargaining
15
agreement.
If
the
complaint
alleges
domestic
abuse,
sexual
16
abuse,
workplace
harassment,
or
sexual
harassment,
an
officer
17
shall
not
receive
more
than
a
written
summary
of
the
complaint.
18
8.
a.
The
officer
shall
have
the
right
to
have
the
19
assistance
of
legal
counsel
present
,
at
the
officer’s
expense,
20
during
the
interview
of
the
officer
and
during
hearings
or
21
other
disciplinary
or
administrative
proceedings
relating
22
to
the
complaint
.
In
addition,
the
officer
shall
have
the
23
right,
at
the
officer’s
expense,
to
have
a
union
representative
24
present
during
the
interview
or,
if
not
a
member
of
a
union,
25
the
officer
shall
have
the
right
to
have
a
designee
present.
26
b.
The
officer’s
legal
counsel,
union
representative,
or
27
employee
representative
shall
not
be
compelled
to
disclose
in
28
any
judicial
proceeding,
nor
be
subject
to
any
investigation
29
or
punitive
action
for
refusing
to
disclose,
any
information
30
received
from
an
officer
under
investigation
or
from
an
31
agent
of
the
officer,
so
long
as
the
officer
or
agent
of
the
32
officer
is
an
uninvolved
party
and
not
considered
a
witness
33
to
any
incident.
The
officer’s
legal
counsel
may
coordinate
34
and
communicate
in
confidence
with
the
officer’s
designated
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union
representative
or
employee
representative,
and
such
1
communications
are
not
subject
to
discovery
in
any
proceeding.
2
9.
If
a
formal
administrative
investigation
results
in
3
the
removal,
discharge,
or
suspension,
or
other
disciplinary
4
action
against
an
officer,
copies
of
any
witness
statements
5
and
the
complete
investigative
agency’s
report
shall
be
timely
6
provided
to
the
officer
upon
the
request
of
the
officer
or
the
7
officer’s
legal
counsel
upon
request
at
the
completion
of
the
8
investigation
.
9
13.
An
officer
shall
have
the
right
to
pursue
civil
remedies
10
under
the
law
bring
a
cause
of
action
against
a
citizen
any
11
person,
group
of
persons,
organization,
or
corporation
for
12
damages
arising
from
the
filing
of
a
false
complaint
against
13
the
officer
or
any
other
violation
of
this
chapter
including
14
but
not
limited
to
actual
damages,
court
costs,
and
reasonable
15
attorney
fees
.
16
18.
A
municipality,
county,
or
state
agency
employing
17
an
officer
shall
not
publicly
release
the
officer’s
official
18
photograph
without
the
written
permission
of
the
officer
or
19
without
a
request
to
release
pursuant
to
chapter
22
.
An
20
officer’s
personal
information
including
but
not
limited
to
the
21
officer’s
home
address,
personal
telephone
number,
personal
22
electronic
mail
address,
date
of
birth,
social
security
number,
23
and
driver’s
license
number
shall
be
confidential
and
shall
be
24
redacted
from
any
record
prior
to
the
record’s
release
to
the
25
public
by
the
employing
agency.
Nothing
in
this
subsection
26
prohibits
the
release
of
an
officer’s
photograph
or
unredacted
27
personal
information
to
the
officer’s
legal
counsel,
union
28
representative,
or
designated
employee
representative
upon
the
29
officer’s
request.
30
Sec.
40.
Section
80F.1,
Code
2021,
is
amended
by
adding
the
31
following
new
subsections:
32
NEW
SUBSECTION
.
20.
The
employing
agency
shall
keep
33
an
officer’s
statement,
recordings,
or
transcripts
of
any
34
interviews
or
disciplinary
proceedings,
and
any
complaints
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made
against
an
officer
confidential
unless
otherwise
provided
1
by
law
or
with
the
officer’s
written
consent.
Nothing
in
2
this
section
prohibits
the
release
of
an
officer’s
statement,
3
recordings,
or
transcripts
of
any
interviews
or
disciplinary
4
proceedings,
and
any
complaints
made
against
an
officer
to
5
the
officer
or
the
officer’s
legal
counsel
upon
the
officer’s
6
request.
7
NEW
SUBSECTION
.
21.
An
agency
employing
full-time
or
8
part-time
officers
shall
provide
training
to
any
officer
or
9
supervisor
who
performs
or
supervises
an
investigation
under
10
this
section,
and
shall
maintain
documentation
of
any
training
11
related
to
this
section.
The
Iowa
law
enforcement
academy
12
shall
adopt
minimum
training
standards
not
inconsistent
with
13
this
subsection,
including
training
standards
concerning
14
interviewing
an
officer
subject
to
a
complaint.
15
NEW
SUBSECTION
.
22.
Upon
written
request,
the
employing
16
agency
shall
provide
to
the
requesting
officer
or
the
officer’s
17
legal
counsel
a
copy
of
the
officer’s
personnel
file
and
18
training
records
regardless
of
whether
the
officer
is
subject
19
to
a
formal
administrative
investigation
at
the
time
of
the
20
request.
21
DIVISION
XIII
22
CIVIL
LIABILITY
FOR
CERTAIN
VEHICLE
OPERATORS
23
Sec.
41.
NEW
SECTION
.
321.366A
Immunity
from
civil
24
liability
for
certain
vehicle
operators.
25
1.
The
driver
of
a
vehicle
who
is
exercising
due
care
and
26
who
injures
another
person
who
is
participating
in
a
protest,
27
demonstration,
riot,
or
unlawful
assembly
or
who
is
engaging
in
28
disorderly
conduct
and
is
blocking
traffic
in
a
public
street
29
or
highway
shall
be
immune
from
civil
liability
for
the
injury
30
caused
by
the
driver
of
the
vehicle.
31
2.
The
driver
of
a
vehicle
who
injures
another
person
32
who
is
participating
in
a
protest,
demonstration,
riot,
or
33
unlawful
assembly
or
who
is
engaging
in
disorderly
conduct
and
34
is
blocking
traffic
in
a
public
street
or
highway
shall
not
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be
immune
from
civil
liability
if
the
actions
leading
to
the
1
injury
caused
by
the
driver
of
a
vehicle
constitute
reckless
2
or
willful
misconduct.
3
3.
Subsection
1
shall
not
apply
if
the
injured
person
4
participating
in
a
protest
or
demonstration
was
doing
so
with
a
5
valid
permit
allowing
persons
to
protest
or
demonstrate
on
the
6
public
street
or
highway
where
the
injury
occurred.
7
DIVISION
XIV
8
WINDOW
TINTING
9
Sec.
42.
Section
321.438,
subsection
2,
Code
2021,
is
10
amended
to
read
as
follows:
11
2.
A
person
shall
not
operate
on
the
highway
a
motor
12
vehicle
equipped
with
a
front
windshield,
a
side
window
to
the
13
immediate
right
or
left
of
the
driver,
or
a
side-wing
sidewing
14
forward
of
and
to
the
left
or
right
of
the
driver
which
is
15
excessively
dark
or
reflective
so
that
it
is
difficult
for
a
16
person
outside
the
motor
vehicle
to
see
into
the
motor
vehicle
17
through
the
windshield,
window,
or
sidewing.
18
a.
The
department
shall
adopt
rules
establishing
a
minimum
19
measurable
standard
of
transparency
which
shall
apply
to
20
violations
of
this
subsection
.
21
b.
This
subsection
does
not
apply
to
a
person
who
operates
22
a
motor
vehicle
owned
or
leased
by
a
federal,
state,
or
local
23
law
enforcement
agency
if
the
operation
is
part
of
the
person’s
24
official
duties.
25
DIVISION
XV
26
SHERIFF
SALARIES
27
Sec.
43.
Section
331.907,
subsection
1,
Code
2021,
is
28
amended
to
read
as
follows:
29
1.
The
annual
compensation
of
the
auditor,
treasurer,
30
recorder,
sheriff,
county
attorney,
and
supervisors
shall
31
be
determined
as
provided
in
this
section
.
The
county
32
compensation
board
annually
shall
review
the
compensation
33
paid
to
comparable
officers
in
other
counties
of
this
34
state,
other
states,
private
enterprise,
and
the
federal
35
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89
cm/rh
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29
government.
In
setting
the
salary
of
the
county
sheriff,
1
the
county
compensation
board
shall
consider
setting
set
the
2
sheriff’s
salary
so
that
it
is
comparable
to
salaries
paid
3
to
professional
law
enforcement
administrators
and
command
4
officers
of
the
state
patrol,
the
division
of
criminal
5
investigation
of
the
department
of
public
safety,
and
city
6
police
agencies
in
this
state
chiefs
employed
by
cities
of
7
similar
population
to
the
population
of
the
county
.
The
county
8
compensation
board
shall
prepare
a
compensation
schedule
for
9
the
elective
county
officers
for
the
succeeding
fiscal
year.
A
10
recommended
compensation
schedule
requires
a
majority
vote
of
11
the
membership
of
the
county
compensation
board.
>
12
2.
Title
page,
by
striking
line
1
and
inserting
<
An
Act
13
relating
to
public
records
including
confidentiality,
access,
14
and
enforcement
of
public
violations;
uniform
commercial
15
code
filings;
certain
employment
matters
including
benefits,
16
workers’
compensation,
civil
service
examinations,
and
sheriff
17
salaries;
qualified
immunity;
law
enforcement
including
officer
18
rights,
eluding
law
enforcement,
and
the
carrying
of
firearms;
19
assaults
involving
lasers;
the
enforcement
of
laws;
public
20
disorder,
assault,
harassment,
criminal
mischief,
unlawful
21
obstruction
of
certain
highways,
and
disorderly
conduct;
22
civil
liability
for
certain
vehicle
operators;
and
window
23
tinting;
and
providing
penalties
and
including
effective
date
24
provisions.
>
25
______________________________
KLEIN
of
Washington
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29
#2.