Senate File 342 H-1346 Amend the House amendment, H-1342, to Senate File 342, as 1 passed by the Senate, as follows: 2 1. By striking page 1, line 1, through page 29, line 25, and 3 inserting: 4 < Amend Senate File 342, as passed by the Senate, as follows: 5 1. By striking everything after the enacting clause and 6 inserting: 7 < DIVISION I 8 PUBLIC RECORDS —— CONFIDENTIALITY —— CIVIL ENFORCEMENT 9 Section 1. Section 9E.1, Code 2021, is amended to read as 10 follows: 11 9E.1 Purpose. 12 The general assembly finds that individuals attempting to 13 escape from actual or threatened domestic abuse, domestic 14 abuse assault, sexual abuse, assault, stalking, or human 15 trafficking frequently establish new addresses in order to 16 prevent their assailants or probable assailants from finding 17 them. The purpose of this chapter is to enable state and local 18 agencies to respond to requests for data without disclosing 19 the location of a victim of domestic abuse, domestic abuse 20 assault, sexual abuse, assault, stalking, or human trafficking; 21 to enable interagency cooperation with the secretary of state 22 in providing address confidentiality for victims of domestic 23 abuse, domestic abuse assault, sexual abuse, assault, stalking, 24 or human trafficking; and to enable program participants to use 25 an address designated by the secretary of state as a substitute 26 mailing address for the purposes specified in this chapter . 27 In addition, the purpose of this chapter is to prevent such 28 victims from being physically located through a public records 29 search. 30 Sec. 2. Section 9E.2, subsection 6, paragraph a, Code 2021, 31 is amended to read as follows: 32 a. “Eligible person” means a person who is all a resident of 33 this state, an adult, a minor, or an incapacitated person as 34 defined in section 633.701, and is one of the following: 35 -1- H1342.1785 (1) 89 cm/rh 1/ 27 #1.
(1) A resident of this state. 1 (2) An adult, a minor, or an incapacitated person as defined 2 in section 633.701 . 3 (3) A victim of domestic abuse, domestic abuse assault, 4 sexual abuse, assault, stalking, or human trafficking as 5 evidenced by the filing of a petition pursuant to section 236.3 6 or a criminal complaint or information pursuant to section 7 708.1, 708.2A , 708.11 , or 710A.2 , or any violation contained 8 in chapter 709 . 9 (2) A currently active or retired judicial officer or 10 a spouse or child of such a person. For purposes of this 11 subparagraph, “judicial officer” means the same as defined in 12 section 602.1101 and includes a federal judge. 13 (3) A currently active or retired state or local prosecuting 14 attorney, as defined in section 801.4, or a spouse or child of 15 such a person. 16 (4) A currently active or retired peace officer, as defined 17 in section 801.4, or a spouse or child of such a person. 18 Sec. 3. Section 9E.3, subsection 1, paragraph b, 19 subparagraph (1), subparagraph division (a), Code 2021, is 20 amended to read as follows: 21 (a) The eligible person listed on the application is a 22 victim of domestic abuse, domestic abuse assault, sexual abuse, 23 assault, stalking, or human trafficking. 24 Sec. 4. Section 9E.3, subsection 1, paragraph e, Code 2021, 25 is amended to read as follows: 26 e. The residential address of the eligible person, 27 disclosure of which could lead to an increased risk of domestic 28 abuse, domestic abuse assault, sexual abuse, assault, stalking, 29 or human trafficking. 30 Sec. 5. Section 9E.7, Code 2021, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 4A. Upon request by a program participant, 33 the assessor or the assessor’s staff shall redact the 34 requestor’s name contained in electronic documents that 35 -2- H1342.1785 (1) 89 cm/rh 2/ 27
are displayed for public access through an internet site. 1 The assessor shall implement and maintain a process to 2 facilitate these requests. A fee shall not be charged for the 3 administration of this subsection. 4 Sec. 6. Section 22.10, subsection 3, paragraph b, 5 subparagraph (2), Code 2021, is amended to read as follows: 6 (2) Had good reason to believe and in good faith believed 7 facts which, if true, would have indicated compliance with 8 the requirements of this chapter . For purposes of this 9 subparagraph, “good reason to believe and in good faith believed” 10 means the person engaged in a balancing test in weighing the 11 individual privacy interest against the public’s need to access 12 the record based upon a reasonable reliance on the facts. 13 Sec. 7. Section 331.604, subsection 3, Code 2021, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . f. Upon request by a law enforcement 16 officer, as defined in section 80B.3, or state or federal 17 judicial officer or state or federal prosecutor, the assessor 18 or the assessor’s staff shall redact the requestor’s name 19 contained in electronic documents that are displayed for public 20 access through an internet site. This paragraph does not apply 21 to a requestor holding or seeking public office. The assessor 22 shall implement and maintain a process to facilitate these 23 requests. A fee shall not be charged for the administration 24 of this paragraph. 25 Sec. 8. Section 622.10, subsection 9, paragraphs a and b, 26 Code 2021, are amended to read as follows: 27 a. A peer support group counselor or individual present 28 for a group crisis intervention who obtains information from 29 an officer or a civilian employee of a law enforcement agency 30 or fire department by reason of the counselor’s capacity as a 31 peer support group counselor or an individual’s presence for 32 a group crisis intervention shall not be allowed, in giving 33 testimony, to disclose any confidential communication properly 34 entrusted to the counselor or individual present for a group 35 -3- H1342.1785 (1) 89 cm/rh 3/ 27
crisis intervention by the officer or civilian employee while 1 receiving counseling or group crisis intervention . 2 b. The prohibition in this subsection does not apply 3 where the officer or civilian employee has consented to the 4 disclosure of the information specified in paragraph “a” or 5 where the peer support group counselor or individual present 6 for a group crisis intervention was an initial responding 7 officer, a witness, or a party to the incident which prompted 8 the delivery of peer support group counseling services or the 9 group crisis intervention to the officer or civilian employee . 10 DIVISION II 11 UNIFORM COMMERCIAL CODE —— FRAUDULENT FILINGS 12 Sec. 9. Section 554.9510, subsection 1, Code 2021, is 13 amended to read as follows: 14 1. Filed record effective if authorized. A filed record 15 is effective only to the extent that it was filed by a person 16 that may file it under section 554.9509 or by the filing office 17 under section 554.9513A . 18 Sec. 10. NEW SECTION . 554.9513A Termination of wrongfully 19 filed financing statement —— reinstatement. 20 1. Trusted filer. “Trusted filer” means a person that does 21 any of the following: 22 a. Regularly causes records to be communicated to the 23 filing office for filing and has provided the filing office 24 with current contact information and information sufficient to 25 establish the person’s identity. 26 b. Satisfies either of the following conditions: 27 (1) The filing office has issued the person credentials for 28 access to online filing services. 29 (2) The person has established a prepaid or direct debit 30 account for payment of filing fees, regardless of whether the 31 account is used in a particular transaction. 32 2. Affidavit of wrongful filing. A person identified as 33 debtor in a filed financing statement may deliver to the 34 filing office a notarized, sworn affidavit that identifies the 35 -4- H1342.1785 (1) 89 cm/rh 4/ 27
financing statement by file number, indicates the affiant’s 1 mailing address, and states that the affiant believes that 2 the filed record identifying the affiant as debtor was not 3 authorized to be filed and was caused to be communicated to the 4 filing office with the intent to harass or defraud the affiant. 5 The filing office may reject an affidavit that is incomplete or 6 that it believes was delivered to it with the intent to harass 7 or defraud the secured party. The office of the secretary 8 of state shall adopt a form of affidavit for use under this 9 section. 10 3. Termination statement by filing office. Subject to 11 subsection 11, if an affidavit is delivered to the filing 12 office under subsection 2, the filing office shall promptly 13 file a termination statement with respect to the financing 14 statement identified in the affidavit. The termination 15 statement must identify by its file number the initial 16 financing statement to which it relates and must indicate that 17 it was filed pursuant to this section. A termination statement 18 filed under this subsection is not effective until ninety days 19 after it is filed. 20 4. No fee charged or refunded. The filing office shall not 21 charge a fee for the filing of an affidavit under subsection 22 2 or a termination statement under subsection 3. The filing 23 office shall not return any fee paid for filing the financing 24 statement identified in the affidavit, whether or not the 25 financing statement is reinstated under subsection 7. 26 5. Notice of termination statement. On the same day that a 27 filing office files a termination statement under subsection 28 3, the filing office shall send to the secured party of record 29 for the financing statement to which the termination statement 30 relates a notice stating that the termination statement 31 has been filed and will become effective ninety days after 32 filing. The notice shall be sent by certified mail, return 33 receipt requested, to the address provided for the secured 34 party of record in the financing statement with a copy sent by 35 -5- H1342.1785 (1) 89 cm/rh 5/ 27
electronic mail to the electronic mail address provided by the 1 secured party of record, if any. 2 6. Administrative review —— action for reinstatement. A 3 secured party that believes in good faith that the filed record 4 identified in an affidavit delivered to the filing office under 5 subsection 2 was authorized to be filed and was not caused to 6 be communicated to the filing office with the intent to harass 7 or defraud the affiant may: 8 a. Before the termination statement takes effect, request 9 that the filing office conduct an expedited review of the 10 filed record and any documentation provided by the secured 11 party. The filing office may as a result of this review 12 remove from the record the termination statement filed by 13 it under subsection 3 before it takes effect and conduct an 14 administrative review under subsection 11. 15 b. File an action against the office seeking reinstatement 16 of the financing statement to which the filed record relates at 17 any time before the expiration of six months after the date on 18 which the termination stated filed under subsection 3 becomes 19 effective. If the affiant is not named as a defendant in the 20 action, the secured party shall send a copy of the petition to 21 the affiant at the address indicated in the affidavit. The 22 exclusive venue for the action shall be in the district court 23 for the county where the filing office in which the financing 24 statement was filed is located. The action shall be considered 25 by the court on an expedited basis. 26 7. Filing office to file notice of action for 27 reinstatement. Within ten days after being served with process 28 in an action under subsection 6, the filing office shall file 29 a notice indicating that the action has been commenced. The 30 notice must indicate the file number of the initial financing 31 statement to which the notice relates. 32 8. Action for reinstatement successful. If, in an action 33 under subsection 6, the court determines that the financing 34 statement was authorized to be filed and was not caused to be 35 -6- H1342.1785 (1) 89 cm/rh 6/ 27
communicated to the filing office with the intent to harass or 1 defraud the affiant, the court shall order that the financing 2 statement be reinstated. If an order of reinstatement is 3 issued by the court, the filing office shall promptly file a 4 record that identifies by its file number the initial financing 5 statement to which the record relates and indicates that the 6 financing statement has been reinstated. 7 9. Effect of reinstatement. Upon the filing of a record 8 reinstating a financing statement under subsection 8, the 9 effectiveness of the financing statement is reinstated and the 10 financing statement shall be considered never to have been 11 terminated under this section except as against a purchaser of 12 the collateral that gives value in reasonable reliance upon 13 the termination. A continuation statement filed as provided 14 in section 554.9515, subsection 4, after the effective date of 15 a termination statement filed under subsection 3 or 11 becomes 16 effective if the financing statement is reinstated. 17 10. Liability for wrongful filing. If, in an action under 18 subsection 6, the court determines that the filed record 19 identified in an affidavit delivered to the filing office under 20 subsection 2 was caused to be communicated to the filing office 21 with the intent to harass or defraud the affiant, the filing 22 office and the affiant may recover from the secured party that 23 filed the action the costs and expenses, including reasonable 24 attorney fees and the reasonable allocated costs of internal 25 counsel, that the filing office and the affiant incurred in the 26 action. This recovery is in addition to any recovery to which 27 the affiant is entitled under section 554.9625. 28 11. Procedure for record filed by trusted filer. If an 29 affidavit delivered to a filing office under subsection 2 30 relates to a filed record communicated to the filing office by 31 a trusted filer, the filing office shall promptly send to the 32 secured party of record a notice stating that the affidavit has 33 been delivered to the filing office and that the filing office 34 is conducting an administrative review to determine whether the 35 -7- H1342.1785 (1) 89 cm/rh 7/ 27
record was caused to be communicated with the intent to harass 1 or defraud the affiant. The notice shall be sent by certified 2 mail, return receipt requested, to the address provided for 3 the secured party in the financing statement with a copy sent 4 by electronic mail to the electronic mail address provided 5 by the secured party of record, if any, and a copy shall be 6 sent in the same manner to the affiant. The administrative 7 review shall be conducted on an expedited basis and the filing 8 office may require the affiant and the secured party of record 9 to provide any additional information that the filing office 10 deems appropriate. If the filing office concludes that the 11 record was caused to be communicated with the intent to harass 12 or defraud the affiant, the filing office shall promptly file a 13 termination statement under subsection 2 that will be effective 14 immediately and send to the secured party of record the notice 15 required by subsection 5. The secured party may thereafter 16 file an action for reinstatement under subsection 6 and the 17 provisions of subsections 7 through 10 are applicable. 18 Sec. 11. NEW SECTION . 714.29 Records filed with intent to 19 harass or defraud. 20 1. A person shall not cause to be communicated to the filing 21 office as defined in section 554.9102 for filing a record if 22 all of the following are true: 23 a. The person is not authorized to file the record under 24 section 554.9509. 25 b. The record is not related to an existing or anticipated 26 transaction that is or will be governed by chapter 554, article 27 9. 28 c. The record is filed with the intent to harass or defraud 29 the person identified as debtor in the record. 30 2. A person that violates subsection 1 is guilty of a simple 31 misdemeanor for a first offense and a serious misdemeanor for a 32 second or subsequent offense. 33 DIVISION III 34 ACCRUED SICK LEAVE —— RETIRED PUBLIC SAFETY EMPLOYEES 35 -8- H1342.1785 (1) 89 cm/rh 8/ 27
Sec. 12. NEW SECTION . 70A.23A Credit for accrued sick leave 1 —— public safety employees. 2 A public safety employee, as defined by section 20.3, 3 subsection 11, who retires and has applied for retirement 4 benefits under an eligible retirement system, shall receive 5 credit for all accumulated, unused sick leave which shall be 6 converted at current value and credited to an account for the 7 public safety employee for the purpose of paying the public 8 safety employee’s cost of the monthly premiums for continuance 9 of the public safety employee’s health insurance plan. Upon 10 the death of a retired public safety employee, the spouse 11 or surviving spouse shall be entitled to the value of the 12 accumulated unused sick leave for the purpose of paying the 13 cost of monthly premiums for continuation of a public safety 14 employee’s health insurance policy for the public safety 15 employee’s surviving spouse or dependents. This section shall 16 not apply to sections 509A.13 and 509A.13A. 17 DIVISION IV 18 WORKERS’ COMPENSATION —— ACTIONS AND OFFSETS 19 Sec. 13. Section 85.26, subsection 1, Code 2021, is amended 20 to read as follows: 21 1. An original proceeding for benefits under this chapter 22 or chapter 85A , 85B , or 86 , shall not be maintained in any 23 contested case unless the proceeding is commenced within two 24 years from the date of the occurrence of the injury for which 25 benefits are claimed or one year from the date a denial of 26 liability is received by the employee, whichever is later, 27 or, if weekly compensation benefits are paid under section 28 86.13 , within three years from the date of the last payment 29 of weekly compensation benefits. For the purposes of this 30 section , “date of the occurrence of the injury” means the date 31 that the employee knew or should have known that the injury was 32 work-related. 33 Sec. 14. Section 97A.6, subsection 11, Code 2021, is amended 34 to read as follows: 35 -9- H1342.1785 (1) 89 cm/rh 9/ 27
11. Pensions offset by compensation benefits. 1 a. Any amounts which may be paid or payable by the state 2 under the provisions of any workers’ compensation or similar 3 law to a member or to the dependents of a member on account of 4 any disability or death, shall be offset against and payable 5 in lieu of any benefits payable out of the retirement fund 6 provided by the state under the provisions of this chapter on 7 account of the same disability or death. In case the present 8 value of the total commuted benefits under said workers’ 9 compensation or similar law is less than the present value 10 of the benefits otherwise payable from the retirement fund 11 provided by the state under this chapter , then the present 12 value of the commuted payments shall be deducted from the 13 pension payable and such benefits as may be provided by the 14 system so reduced shall be payable under the provisions of this 15 chapter . 16 b. Notwithstanding paragraph “a” , any workers’ compensation 17 benefits received by a member for past medical expenses or 18 future medical expenses shall not be offset against and not 19 considered payable in lieu of any retirement allowance payable 20 pursuant to this section on account of the same disability. 21 c. Notwithstanding paragraph “a” , any workers’ compensation 22 benefits received by a member for reimbursement of vacation 23 time used, sick time used, or for any unpaid time off from work 24 shall not be offset against and not considered payable in lieu 25 of any retirement allowance payable pursuant to this section on 26 account of the same disability. 27 Sec. 15. Section 97B.50A, subsection 5, Code 2021, is 28 amended to read as follows: 29 5. Offset to allowance. 30 a. Notwithstanding any provisions to the contrary in state 31 law, or any applicable contract or policy, any amounts which 32 may be paid or payable by the employer under any workers’ 33 compensation, unemployment compensation, employer-paid 34 disability plan, program, or policy, or other law to a member, 35 -10- H1342.1785 (1) 89 cm/rh 10/ 27
and any disability payments the member receives pursuant to 1 the federal Social Security Act, 42 U.S.C. §423 et seq., 2 shall be offset against and payable in lieu of any retirement 3 allowance payable pursuant to this section on account of the 4 same disability. 5 b. Notwithstanding paragraph “a” , any workers’ compensation 6 benefits received by a member for past medical expenses or 7 future medical expenses shall not be offset against and not 8 considered payable in lieu of any retirement allowance payable 9 pursuant to this section on account of the same disability. 10 c. Notwithstanding paragraph “a” , any workers’ compensation 11 benefits received by a member for reimbursement of vacation 12 time used, sick time used, or for any unpaid time off from work 13 shall not be offset against and not considered payable in lieu 14 of any retirement allowance payable pursuant to this section on 15 account of the same disability. 16 DIVISION V 17 CIVIL SERVICE COMMISSION EXAMINATIONS 18 Sec. 16. Section 400.8, subsection 2, Code 2021, is amended 19 to read as follows: 20 2. The commission shall establish the guidelines for 21 conducting the examinations under subsection 1 of this section . 22 It may prepare and administer the examinations or may The 23 commission shall hire persons with expertise to do so if the 24 commission approves the examinations prepare and administer 25 the examinations approved by the commission . It may also 26 hire persons with expertise to consult in the preparation of 27 such examinations if the persons so hired are employed to aid 28 personnel of the commission in assuring that a fair examination 29 is conducted. A fair examination shall explore the competence 30 of the applicant in the particular field of examination. 31 Sec. 17. Section 400.9, subsection 2, Code 2021, is amended 32 to read as follows: 33 2. The commission shall establish guidelines for conducting 34 the examinations under subsection 1 . It may prepare and 35 -11- H1342.1785 (1) 89 cm/rh 11/ 27
administer the examinations or may The commission shall hire 1 persons with expertise to do so if the commission approves 2 the examinations and if the examinations apply to prepare and 3 administer the examinations approved by the commission for 4 the position in the city for which the applicant is taking 5 the examination. It may also hire persons with expertise to 6 consult in the preparation of such examinations if the persons 7 so hired are employed to aid personnel of the commission 8 in assuring that a fair examination is conducted. A fair 9 examination shall explore the competence of the applicant in 10 the particular field of examination. The names of persons 11 approved to administer any examination under this section shall 12 be posted in the city hall at least twenty-four hours prior to 13 the examination. 14 DIVISION VI 15 COLLECTIVE BARGAINING 16 Sec. 18. Section 20.1, subsection 2, paragraph a, Code 2021, 17 is amended to read as follows: 18 a. Determining appropriate bargaining units , amending 19 the composition of previously determined bargaining units 20 represented by a certified employee organization, reconsidering 21 and altering the composition of previously determined 22 bargaining units which are not represented by a certified 23 employee organization, and conducting representation elections. 24 Sec. 19. Section 20.3, subsection 11, Code 2021, is amended 25 by adding the following new paragraphs: 26 NEW PARAGRAPH . g. A correctional officer or correctional 27 supervisor employed by the Iowa department of corrections whose 28 primary purpose is, through ongoing direct inmate contact, to 29 enforce and maintain discipline, safety, and security within a 30 correctional facility. 31 NEW PARAGRAPH . h. A jailer or detention officer who 32 performs duties as a jailer, including but not limited to the 33 transportation of inmates, who is certified as having completed 34 jailer training pursuant to chapter 80B, and who is employed 35 -12- H1342.1785 (1) 89 cm/rh 12/ 27
by a county as a jailer. 1 NEW PARAGRAPH . i. A peace officer employed by an 2 institution under the control of the state board of regents 3 whose position requires law enforcement certification pursuant 4 to section 262.13. 5 NEW PARAGRAPH . j. An emergency dispatcher for a county 6 sheriff. 7 Sec. 20. Section 20.13, Code 2021, is amended to read as 8 follows: 9 20.13 Bargaining unit determination , amendment, and 10 reconsideration . 11 1. Board The board’s determination of an appropriate 12 bargaining unit shall be upon petition filed by a public 13 employer, public employee, or employee organization. Except 14 as provided in subsection 4, the board’s amendment of the 15 composition of a represented bargaining unit shall be upon 16 petition filed by the employer or certified representative 17 of the bargaining unit. The board’s reconsideration of the 18 composition of a previously determined bargaining unit which is 19 not represented by a certified representative shall be upon the 20 combined petition of an employee organization which also seeks 21 a representation election pursuant to section 20.14, subsection 22 2. 23 2. Within thirty days of receipt of a petition, the board 24 shall conduct a public hearing, receive written or oral 25 testimony, and promptly thereafter file an order defining 26 the appropriate bargaining unit , amending or refusing to 27 amend the composition of a represented bargaining unit or 28 reconsidering and altering or refusing to alter the composition 29 of an unrepresented bargaining unit . In defining the unit, 30 or determining whether a unit should be amended or altered 31 in response to a petition for amendment or reconsideration, 32 the board shall take into consideration, along with other 33 relevant factors, the principles of efficient administration 34 of government, the existence of a community of interest among 35 -13- H1342.1785 (1) 89 cm/rh 13/ 27
public employees, the history and extent of public employee 1 organization, geographical location, and the recommendations 2 of the parties involved. 3 3. Appeals from such order shall be governed by the 4 provisions of chapter 17A . 5 4. 3. Professional and nonprofessional employees shall not 6 be included in the same bargaining unit unless a majority of 7 both agree. 8 4. Notwithstanding the provisions of subsection 1, a 9 petition to amend the composition of a represented bargaining 10 unit by the removal of public safety employees may be filed 11 by a public safety employee who is a member of the bargaining 12 unit. If the petition is accompanied by evidence satisfactory 13 to the board that the public safety employees in the bargaining 14 unit do not constitute at least thirty percent of the employees 15 in the unit and that a majority of the public safety employees 16 in the unit support the petition, the board shall conduct 17 a hearing within thirty days of its finding such evidence 18 satisfactory and shall promptly thereafter issue an order 19 granting or denying the requested amendment. If the board 20 amends the composition of the bargaining unit by removing 21 public safety employees, those employees may immediately be the 22 subject of a separate bargaining unit determination petition 23 filed in accordance with subsection 1. 24 5. Appeals from such orders shall be governed by the 25 provisions of chapter 17A. 26 Sec. 21. Section 20.15, Code 2021, is amended by striking 27 the section and inserting in lieu thereof the following: 28 20.15 Elections. 29 1. Upon the filing of a petition for certification of an 30 employee organization, the board shall submit a question to 31 the public employees at an election in the bargaining unit 32 found appropriate by the board. The question on the ballot 33 shall permit the public employees to vote for no bargaining 34 representation or for any employee organization which has 35 -14- H1342.1785 (1) 89 cm/rh 14/ 27
petitioned for certification or which has presented proof 1 satisfactory to the board of support of ten percent or more of 2 the public employees in the appropriate unit. 3 2. If a majority of the votes cast on the question is 4 for no bargaining representation, the public employees in 5 the bargaining unit found appropriate by the board shall not 6 be represented by an employee organization. If a majority 7 of the votes cast on the question is for a listed employee 8 organization, then that employee organization shall represent 9 the public employees in the bargaining unit found appropriate 10 by the board. 11 3. If none of the choices on the ballot receives the vote 12 of a majority of the public employees voting, the board shall 13 conduct a runoff election among the two choices receiving the 14 greatest number of votes. 15 4. Upon written objections filed by any party to the 16 election within ten days after notice of the results of 17 the election, if the board finds that misconduct or other 18 circumstances prevented the public employees eligible to 19 vote from freely expressing their preferences, the board may 20 invalidate the election and hold a second election for the 21 public employees. 22 5. Upon completion of a valid election in which the majority 23 choice of the employees voting is determined, the board shall 24 certify the results of the election and shall give reasonable 25 notice of the order to all employee organizations listed on the 26 ballot, the public employers, and the public employees in the 27 appropriate bargaining unit. 28 6. a. A petition for certification as exclusive bargaining 29 representative of a bargaining unit shall not be considered 30 by the board for a period of one year from the date of the 31 noncertification of an employee organization as the exclusive 32 bargaining representative of that bargaining unit following a 33 certification election. A petition for certification as the 34 exclusive bargaining representative of a bargaining unit shall 35 -15- H1342.1785 (1) 89 cm/rh 15/ 27
also not be considered by the board if the bargaining unit is 1 at that time represented by a certified exclusive bargaining 2 representative. 3 b. A petition for the decertification of the exclusive 4 bargaining representative of a bargaining unit shall not be 5 considered by the board for a period of one year from the date 6 of its certification, or within one year of its continued 7 certification following a decertification election, or during 8 the duration of a collective bargaining agreement which, for 9 purposes of this section, shall be deemed not to exceed two 10 years. However, if a petition for decertification is filed 11 during the duration of a collective bargaining agreement, the 12 board shall award an election under this section not more than 13 one hundred eighty days and not less than one hundred fifty 14 days prior to the expiration of the collective bargaining 15 agreement. If an employee organization is decertified, the 16 board may receive petitions under section 20.14, provided that 17 no such petition and no election conducted pursuant to such 18 petition within one year from decertification shall include as 19 a party the decertified employee organization. 20 7. A collective bargaining agreement with the state, its 21 boards, commissions, departments, and agencies shall be for two 22 years. The provisions of a collective bargaining agreement or 23 arbitrator’s award affecting state employees shall not provide 24 for renegotiations which would require the refinancing of 25 salary and fringe benefits for the second year of the term of 26 the agreement, except as provided in section 20.17, subsection 27 6. The effective date of any such agreement shall be July 1 of 28 odd-numbered years, provided that if an exclusive bargaining 29 representative is certified on a date which will prevent the 30 negotiation of a collective bargaining agreement prior to 31 July 1 of odd-numbered years for a period of two years, the 32 certified collective bargaining representative may negotiate 33 a one-year contract with the public employer which shall be 34 effective from July 1 of the even-numbered year to July 1 35 -16- H1342.1785 (1) 89 cm/rh 16/ 27
of the succeeding odd-numbered year when new contracts shall 1 become effective. 2 Sec. 22. Section 22.7, subsections 69 and 70, Code 2021, are 3 amended to read as follows: 4 69. The evidence of public employee support for 5 the certification , retention and recertification, or 6 decertification of an employee organization as defined in 7 section 20.3 that is submitted to the public employment 8 relations board as provided in section 20.14 or 20.15 . 9 70. Information indicating whether a public employee 10 voted in a certification , retention and recertification, or 11 decertification election held pursuant to section 20.15 or 12 how the employee voted on any question on a ballot in such an 13 election. 14 Sec. 23. Section 602.1401, subsection 3, paragraph b, Code 15 2021, is amended to read as follows: 16 b. For purposes of chapter 20 , the certified representative, 17 which on July 1, 1983, represents employees who become judicial 18 branch employees as a result of 1983 Iowa Acts, ch. 186 , shall 19 remain the certified representative when the employees become 20 judicial branch employees and thereafter, unless the public 21 employee organization is not retained and recertified or is 22 decertified in an election held under section 20.15 or amended 23 or absorbed into another certified organization pursuant to 24 chapter 20 . Collective bargaining negotiations shall be 25 conducted on a statewide basis and the certified employee 26 organizations which engage in bargaining shall negotiate on a 27 statewide basis, although bargaining units shall be organized 28 by judicial district. The public employment relations board 29 shall adopt rules pursuant to chapter 17A to implement this 30 subsection . 31 Sec. 24. Section 905.4, subsection 2, Code 2021, is amended 32 to read as follows: 33 2. Employ a director having the qualifications required by 34 section 905.6 to head the district department’s community-based 35 -17- H1342.1785 (1) 89 cm/rh 17/ 27
correctional program and, within a range established by the 1 Iowa department of corrections, fix the compensation of and 2 have control over the director and the district department’s 3 staff. For purposes of collective bargaining under chapter 4 20 , employees of the district board who are not exempt from 5 chapter 20 are employees of the state, and the employees of all 6 of the district boards shall be included within one collective 7 bargaining unit. Furthermore, employees of the district board 8 shall be considered state employees for purposes of section 9 8A.415, subsection 2. 10 Sec. 25. DIRECTIVES TO PUBLIC EMPLOYMENT RELATIONS BOARD. 11 1. The public employment relations board shall cancel any 12 elections scheduled or in process pursuant to section 20.15, 13 subsection 2, Code 2021, as of the effective date of this 14 division of this Act. 15 2. Notwithstanding section 20.15, subsection 1, paragraph 16 “c”, Code 2021, the public employment relations board 17 shall consider a petition for certification of an employee 18 organization as the exclusive representative of a bargaining 19 unit for which an employee organization was not retained and 20 recertified as the exclusive representative of that bargaining 21 unit regardless of the amount of time that has elapsed since 22 the retention and recertification election at which an employee 23 organization was not retained or recertified. 24 DIVISION VII 25 LAW ENFORCEMENT DATA COLLECTION AND REPORTING 26 Sec. 26. NEW SECTION . 13.12 Law enforcement data collection 27 and reporting. 28 1. Every state and local law enforcement agency shall 29 collect and compile data on each traffic, bicycle, or 30 pedestrian stop conducted by its officers, and shall report the 31 data to the attorney general on or before July 1 of each year, 32 subject to subsection 3. All of the following information 33 shall be collected and compiled for each stop, including but 34 not limited to stops that involve questioning or a driver’s 35 -18- H1342.1785 (1) 89 cm/rh 18/ 27
license or motor vehicle registration check but that do not 1 result in the issuance of a written citation or warning: 2 a. The time, date, location, and duration of the stop. 3 b. The reason for the stop. 4 c. Whether the officer performed a driver’s license or motor 5 vehicle registration check. 6 d. Whether the officer issued a citation or an oral or 7 written warning. 8 e. The offense for which the individual was warned, cited, 9 or arrested, if applicable. 10 f. The race, ethnicity, sex, and approximate age of the 11 individual, and whether English is the individual’s primary 12 language. The identification of these characteristics shall be 13 based primarily on information obtained from the individual’s 14 driver’s license or nonoperator’s identification card and 15 secondarily on the observations and perceptions of the officer 16 performing the stop. The officer shall not be required to 17 inquire about the individual’s race or ethnicity, or whether 18 English is the individual’s primary language, and shall rely 19 principally on such information encrypted on the individual’s 20 driver’s license or nonoperator’s identification card pursuant 21 to section 321.189 or 321.190. The identifying characteristics 22 of any passenger in the motor vehicle shall also be reported 23 if the stop involved the passenger and the officer performed a 24 search. 25 g. Whether the officer asked for consent to search the 26 individual or vehicle and whether the individual consented to 27 the search; whether the officer searched the individual, the 28 vehicle, or any property, and the basis for the search; and 29 whether the officer seized any property, a description of the 30 property seized, and the basis for seizing the property. 31 h. Whether the officer used physical force against the 32 individual and whether the individual used physical force 33 against the officer. 34 i. Any other information which the officer or law 35 -19- H1342.1785 (1) 89 cm/rh 19/ 27
enforcement agency considers appropriate. 1 2. The attorney general shall develop a standardized form to 2 be used by law enforcement agencies in collecting, compiling, 3 and reporting the information pursuant to subsection 1. 4 3. a. Every state law enforcement agency, every local law 5 enforcement agency with jurisdiction over a county, and every 6 local law enforcement agency with jurisdiction over a city with 7 a population of four thousand five hundred or more shall submit 8 its first report to the attorney general on or before July 1, 9 2021. 10 b. Every local law enforcement agency with jurisdiction over 11 a city with a population of at least two thousand five hundred 12 but less than four thousand five hundred shall submit its first 13 report to the attorney general on or before July 1, 2022. 14 c. Every local law enforcement agency with jurisdiction over 15 a city with a population of less than two thousand five hundred 16 shall submit its first report to the attorney general on or 17 before July 1, 2023. 18 4. a. Except as otherwise provided by law, a law 19 enforcement agency shall not grant access to any personal 20 identifying information contained in the data collected by 21 the agency to any person except a federal, state, local, or 22 tribal government employee or agent who requires access to such 23 information in order to collect, compile, and report the data 24 in accordance with this section. 25 b. A law enforcement agency may permit a contractor 26 or nongovernmental entity to access personal identifying 27 information contained in the data if the contractor or 28 nongovernmental entity signs an agreement with the agency 29 which prohibits further disclosure of the personal identifying 30 information by the contractor or nongovernmental entity, and 31 if the contractor or nongovernmental entity is required by the 32 agreement to maintain adequate security measures to prevent 33 unauthorized access to the personal identifying information. 34 5. On or before December 15, 2021, and each year thereafter, 35 -20- H1342.1785 (1) 89 cm/rh 20/ 27
the attorney general shall publish a report on the attorney 1 general’s internet site containing the compiled data and 2 reports received by the attorney general pursuant to this 3 section for the period ending July 1 of the calendar year in 4 which the report is published. The report shall not contain 5 any unique personal identifying information of any peace 6 officer or other person involved in a particular incident, 7 including but not limited to names and badge numbers. 8 Sec. 27. Section 321.189, subsection 2, paragraph a, Code 9 2021, is amended to read as follows: 10 a. Appearing on the driver’s license shall be a 11 distinguishing number assigned to the licensee; the licensee’s 12 full name, date of birth, sex, and residence address; a 13 color photograph; a physical description of the licensee; 14 the name of the state; the dates of issuance and expiration; 15 and the usual signature of the licensee. The license shall 16 identify the class of vehicle the licensee may operate and the 17 applicable endorsements and restrictions which the department 18 shall require by rule. The licensee’s race and ethnicity, and 19 whether English is the licensee’s primary language, shall be 20 encrypted on the back of the license. 21 Sec. 28. Section 321.190, subsection 1, paragraph a, Code 22 2021, is amended to read as follows: 23 a. The department shall, upon application and payment 24 of the required fee, issue to an applicant a nonoperator’s 25 identification card. To be valid the card shall bear a 26 distinguishing number other than a social security number 27 assigned to the cardholder, the full name, date of birth, 28 sex, residence address, a physical description and a color 29 photograph of the cardholder, the usual signature of the 30 cardholder, and such other information as the department may 31 require by rule. The card shall also contain the cardholder’s 32 race and ethnicity, and whether English is the cardholder’s 33 primary language, encrypted on the back of the card. An 34 applicant for a nonoperator’s identification card shall 35 -21- H1342.1785 (1) 89 cm/rh 21/ 27
apply for the card in the manner provided in section 321.182, 1 subsections 1 through 3 . The card shall be issued to the 2 applicant at the time of application pursuant to procedures 3 established by rule. An applicant for a nonoperator’s 4 identification card who is required by 50 U.S.C. app. §451 5 et seq. to register with the United States selective service 6 system shall be registered by the department with the selective 7 service system as provided in section 321.183 . 8 DIVISION VIII 9 CRITICAL INCIDENTS 10 Sec. 29. NEW SECTION . 80J.1 Peace officer-involved 11 shootings and peace officer-involved critical incidents —— 12 investigations. 13 1. As used in this section: 14 a. “Division” means the division of criminal investigation 15 of the department of public safety. 16 b. “Peace officer” means the same as defined in section 17 97A.1. 18 c. “Peace officer-involved critical incident” means any of 19 the following in the peace officer’s official capacity as a 20 peace officer: 21 (1) The use of a dangerous weapon by a peace officer against 22 any person that causes serious bodily injury or fatal injury 23 to any person. 24 (2) The use of a motor vehicle by a peace officer that 25 causes a physical injury to any person, including a fatal 26 injury. 27 (3) The death of a person who is in law enforcement custody, 28 not including a death that is the result of disease, natural 29 causes, or conditions that had been medically diagnosed prior 30 to the person’s death. 31 d. “Peace officer-involved shooting” means the discharge 32 of a firearm by a peace officer that results in a physical 33 injury, serious bodily injury, or death of a person, including 34 an accidental discharge of a firearm. 35 -22- H1342.1785 (1) 89 cm/rh 22/ 27
e. “Serious bodily injury” means bodily injury which 1 involves a substantial risk of death, unconsciousness, extreme 2 physical pain, protracted and obvious disfigurement, or 3 protracted loss or impairment of the function of a bodily 4 member, organ, or mental faculty. 5 2. A peace officer involved in a peace officer-involved 6 shooting or a peace officer-involved critical incident 7 shall have the right to have legal counsel present, at the 8 peace officer’s expense, during any investigation, including 9 an interview, interrogation, meetings, or any criminal 10 administrative proceedings rising out of the incident. The 11 peace officer shall be allowed a reasonable opportunity 12 to obtain legal counsel in advance of any interview, 13 interrogation, or proceeding. 14 3. The peace officer involved in the incident shall be 15 issued, upon request, at no charge, a certified copy of any 16 video or audio recordings related to the incident to use in the 17 peace officer’s defense, including body camera video, radio 18 traffic recordings, and any statements by the peace officer. 19 The records shall be provided at least forty-eight hours prior 20 to an interview, interrogation, or grand jury proceeding. The 21 peace officer or legal counsel for the peace officer shall 22 not release any confidential video or audio recordings to 23 the public without the written consent of the lawful records 24 custodian or a court order authorizing the release. 25 4. The name of the peace officer shall be kept confidential 26 until the peace officer has been interviewed or interrogated 27 as part of the criminal investigation, or until the peace 28 officer declines a voluntary interview. Personal information, 29 including a peace officer’s home address, personal contact 30 information, and date of birth shall be kept confidential. 31 5. The law enforcement agency employing a peace officer 32 involved in a peace officer-involved shooting or a peace 33 officer-involved critical incident shall promptly offer 34 confidential peer support and confidential counseling to the 35 -23- H1342.1785 (1) 89 cm/rh 23/ 27
peace officer at no charge to the peace officer. 1 DIVISION IX 2 JUSTICE AND COMMUNITY POLICING ADVISORY BOARD 3 Sec. 30. Section 216A.3, subsection 2, paragraph a, Code 4 2021, is amended to read as follows: 5 a. The voting members shall consist of nine voting members 6 selected by each of the permanent commissions within the 7 department, and two voting members, appointed by the governor. 8 For purposes of this paragraph “a” , “permanent commissions” 9 means the commission of Latino affairs, commission on the 10 status of women, commission of persons with disabilities, 11 commission on community action agencies, commission of deaf 12 services, justice and community policing advisory board, 13 commission on the status of African Americans, commission of 14 Asian and Pacific Islander affairs, and commission of Native 15 American affairs. The term of office for voting members is 16 four years. 17 Sec. 31. Section 216A.131, subsection 2, Code 2021, is 18 amended to read as follows: 19 2. “Board” means the justice and community policing advisory 20 board. 21 Sec. 32. Section 216A.132, subsection 1, Code 2021, is 22 amended by striking the subsection and inserting in lieu 23 thereof the following: 24 1. A justice and community policing advisory board is 25 established consisting of thirty-two members who shall all 26 reside in the state. 27 a. The governor shall appoint thirteen voting members 28 each for a four-year term beginning and ending as provided in 29 section 69.19 and subject to confirmation by the senate as 30 follows: 31 (1) A sheriff who is a member of the Iowa state sheriffs’ 32 and deputies’ association. 33 (2) A chief of police who is a member of the Iowa police 34 chiefs association. 35 -24- H1342.1785 (1) 89 cm/rh 24/ 27
(3) A peace officer who is a member of the Iowa peace 1 officers association. 2 (4) A peace officer who is a member of the fraternal order 3 of police. 4 (5) A peace officer who is a member of the Iowa state police 5 association. 6 (6) A representative from the Iowa-Nebraska national 7 association for the advancement of colored people. 8 (7) A representative from the American civil liberties 9 union of Iowa. 10 (8) A representative from the Iowa coalition for collective 11 change. 12 (9) One person who was formerly under juvenile court or 13 correctional supervision. 14 (10) A representative from the office of the state public 15 defender. 16 (11) A representative from the Iowa county attorneys 17 association. 18 (12) Two persons representing the general public who are 19 not employed in any law enforcement, judicial, or corrections 20 capacity, including one person who is older than fifteen years 21 of age but less than twenty-five years of age. 22 b. The following shall serve on the board as ex officio, 23 nonvoting members: 24 (1) The chairperson of the commission on the status of 25 African Americans or its designee. 26 (2) The chairperson of the commission of Latino affairs or 27 its designee. 28 (3) The chairperson of the commission of Asian and Pacific 29 Islander affairs or its designee. 30 (4) The chairperson of the commission of Native American 31 affairs or its designee. 32 (5) The director of the department of human services or its 33 designee. 34 (6) The director of the department of public health or its 35 -25- H1342.1785 (1) 89 cm/rh 25/ 27
designee. 1 (7) The commissioner of the department of public safety or 2 its designee. 3 (8) The director of the Iowa law enforcement academy or its 4 designee. 5 (9) The director of the department of corrections or its 6 designee. 7 (10) The chairperson of the board of parole or its designee. 8 (11) The attorney general or its designee. 9 (12) The director of the governor’s office of drug control 10 policy or its designee. 11 (13) One member representing the judicial district 12 departments of correctional services designated by a majority 13 of the directors of the judicial district departments of 14 correctional services. 15 (14) The chief justice of the supreme court shall designate 16 the following: 17 (a) One member who is a district judge. 18 (b) One member who is either a district associate judge or 19 associate juvenile judge. 20 (15) The chairperson and ranking member of the senate 21 committee on judiciary shall be ex officio, nonvoting members. 22 In alternating two-year terms, beginning and ending as provided 23 in section 69.16B, the chairperson and ranking member of the 24 house committee on judiciary or of the house committee on 25 public safety shall be ex officio, nonvoting members, with the 26 chairperson and ranking member of the house committee on public 27 safety serving during the term beginning in January 2022. 28 Sec. 33. Section 216A.133, subsection 3, paragraph o, Code 29 2021, is amended by adding the following new subparagraph: 30 NEW SUBPARAGRAPH . (9) Potential disparity in law 31 enforcement activities and the delivery of law enforcement 32 services. 33 Sec. 34. Section 216A.133, subsection 3, Code 2021, is 34 amended by adding the following new paragraphs: 35 -26- H1342.1785 (1) 89 cm/rh 26/ 27
NEW PARAGRAPH . s. Studying and making recommendations for 1 eliminating disparity in law enforcement activities and the 2 delivery of law enforcement services. 3 NEW PARAGRAPH . t. Recommending to the department the 4 adoption of rules pursuant to chapter 17A as it deems necessary 5 for the collection, compilation, and reporting of stop data 6 pursuant to section 80I.4. 7 Sec. 35. Section 216A.135, subsection 2, Code 2021, is 8 amended by adding the following new paragraph: 9 NEW PARAGRAPH . g. An assessment and analysis of the 10 collection, compilation, and reporting of stop data compiled by 11 law enforcement agencies, including an analysis of disparate 12 treatment based on personal demographics across geographic 13 areas of the state, the past and current status of racial 14 profiling across the state, and the impact on law enforcement 15 stop, search, and seizure tactics. > 16 2. Title page, by striking lines 1 through 6 and inserting 17 < An Act relating to public records including confidentiality, 18 access, data collection, the enforcement of public records 19 violations, and uniform commercial code filings; certain 20 employment matters including benefits, workers’ compensation, 21 civil actions, and public employment; and law enforcement 22 including critical incidents and racial profiling. >> 23 ______________________________ KONFRST of Polk -27- H1342.1785 (1) 89 cm/rh 27/ 27 #2.