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
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#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
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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
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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
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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
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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
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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
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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
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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:
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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(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
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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
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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
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