Senate
File
342
H-1396
Amend
Senate
File
342,
as
passed
by
the
Senate,
as
follows:
1
1.
Title
page,
by
striking
the
enacting
clause
and
inserting
2
the
following:
3
<
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
>
4
2.
Page
1,
by
inserting:
5
<
DIVISION
I
6
PUBLIC
RECORDS
——
CONFIDENTIALITY
——
CIVIL
ENFORCEMENT
7
Section
1.
Section
9E.1,
Code
2021,
is
amended
to
read
as
8
follows:
9
9E.1
Purpose.
10
The
general
assembly
finds
that
individuals
attempting
to
11
escape
from
actual
or
threatened
domestic
abuse,
domestic
12
abuse
assault,
sexual
abuse,
assault,
stalking,
or
human
13
trafficking
frequently
establish
new
addresses
in
order
to
14
prevent
their
assailants
or
probable
assailants
from
finding
15
them.
The
purpose
of
this
chapter
is
to
enable
state
and
local
16
agencies
to
respond
to
requests
for
data
without
disclosing
17
the
location
of
a
victim
of
domestic
abuse,
domestic
abuse
18
assault,
sexual
abuse,
assault,
stalking,
or
human
trafficking;
19
to
enable
interagency
cooperation
with
the
secretary
of
state
20
in
providing
address
confidentiality
for
victims
of
domestic
21
abuse,
domestic
abuse
assault,
sexual
abuse,
assault,
stalking,
22
or
human
trafficking;
and
to
enable
program
participants
to
use
23
an
address
designated
by
the
secretary
of
state
as
a
substitute
24
mailing
address
for
the
purposes
specified
in
this
chapter
.
25
In
addition,
the
purpose
of
this
chapter
is
to
prevent
such
26
victims
from
being
physically
located
through
a
public
records
27
search.
28
Sec.
2.
Section
9E.2,
subsection
6,
paragraph
a,
Code
2021,
29
is
amended
to
read
as
follows:
30
a.
“Eligible
person”
means
a
person
who
is
all
a
resident
of
31
this
state,
an
adult,
a
minor,
or
an
incapacitated
person
as
32
defined
in
section
633.701,
and
is
one
of
the
following:
33
(1)
A
resident
of
this
state.
34
(2)
An
adult,
a
minor,
or
an
incapacitated
person
as
defined
35
-1-
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342.2023
(2)
89
as/rh
1/
27
#1.
#2.
in
section
633.701
.
1
(3)
A
victim
of
domestic
abuse,
domestic
abuse
assault,
2
sexual
abuse,
assault,
stalking,
or
human
trafficking
as
3
evidenced
by
the
filing
of
a
petition
pursuant
to
section
236.3
4
or
a
criminal
complaint
or
information
pursuant
to
section
5
708.1,
708.2A
,
708.11
,
or
710A.2
,
or
any
violation
contained
6
in
chapter
709
.
7
(2)
A
currently
active
or
retired
judicial
officer
or
8
a
spouse
or
child
of
such
a
person.
For
purposes
of
this
9
subparagraph,
“judicial
officer”
means
the
same
as
defined
in
10
section
602.1101
and
includes
a
federal
judge.
11
(3)
A
currently
active
or
retired
state
or
local
prosecuting
12
attorney,
as
defined
in
section
801.4,
or
a
spouse
or
child
of
13
such
a
person.
14
(4)
A
currently
active
or
retired
peace
officer,
as
defined
15
in
section
801.4,
or
a
spouse
or
child
of
such
a
person.
16
Sec.
3.
Section
9E.3,
subsection
1,
paragraph
b,
17
subparagraph
(1),
subparagraph
division
(a),
Code
2021,
is
18
amended
to
read
as
follows:
19
(a)
The
eligible
person
listed
on
the
application
is
a
20
victim
of
domestic
abuse,
domestic
abuse
assault,
sexual
abuse,
21
assault,
stalking,
or
human
trafficking.
22
Sec.
4.
Section
9E.3,
subsection
1,
paragraph
e,
Code
2021,
23
is
amended
to
read
as
follows:
24
e.
The
residential
address
of
the
eligible
person,
25
disclosure
of
which
could
lead
to
an
increased
risk
of
domestic
26
abuse,
domestic
abuse
assault,
sexual
abuse,
assault,
stalking,
27
or
human
trafficking.
28
Sec.
5.
Section
9E.7,
Code
2021,
is
amended
by
adding
the
29
following
new
subsection:
30
NEW
SUBSECTION
.
4A.
Upon
request
by
a
program
participant,
31
the
assessor
or
the
assessor’s
staff
shall
redact
the
32
requestor’s
name
contained
in
electronic
documents
that
33
are
displayed
for
public
access
through
an
internet
site.
34
The
assessor
shall
implement
and
maintain
a
process
to
35
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SF
342.2023
(2)
89
as/rh
2/
27
facilitate
these
requests.
A
fee
shall
not
be
charged
for
the
1
administration
of
this
subsection.
2
Sec.
6.
Section
22.10,
subsection
3,
paragraph
b,
3
subparagraph
(2),
Code
2021,
is
amended
to
read
as
follows:
4
(2)
Had
good
reason
to
believe
and
in
good
faith
believed
5
facts
which,
if
true,
would
have
indicated
compliance
with
6
the
requirements
of
this
chapter
.
For
purposes
of
this
7
subparagraph,
“good
reason
to
believe
and
in
good
faith
believed”
8
means
the
person
engaged
in
a
balancing
test
in
weighing
the
9
individual
privacy
interest
against
the
public’s
need
to
access
10
the
record
based
upon
a
reasonable
reliance
on
the
facts.
11
Sec.
7.
Section
331.604,
subsection
3,
Code
2021,
is
amended
12
by
adding
the
following
new
paragraph:
13
NEW
PARAGRAPH
.
f.
Upon
request
by
a
law
enforcement
14
officer,
as
defined
in
section
80B.3,
or
state
or
federal
15
judicial
officer
or
state
or
federal
prosecutor,
the
assessor
16
or
the
assessor’s
staff
shall
redact
the
requestor’s
name
17
contained
in
electronic
documents
that
are
displayed
for
public
18
access
through
an
internet
site.
This
paragraph
does
not
apply
19
to
a
requestor
holding
or
seeking
public
office.
The
assessor
20
shall
implement
and
maintain
a
process
to
facilitate
these
21
requests.
A
fee
shall
not
be
charged
for
the
administration
22
of
this
paragraph.
23
Sec.
8.
Section
622.10,
subsection
9,
paragraphs
a
and
b,
24
Code
2021,
are
amended
to
read
as
follows:
25
a.
A
peer
support
group
counselor
or
individual
present
26
for
a
group
crisis
intervention
who
obtains
information
from
27
an
officer
or
a
civilian
employee
of
a
law
enforcement
agency
28
or
fire
department
by
reason
of
the
counselor’s
capacity
as
a
29
peer
support
group
counselor
or
an
individual’s
presence
for
30
a
group
crisis
intervention
shall
not
be
allowed,
in
giving
31
testimony,
to
disclose
any
confidential
communication
properly
32
entrusted
to
the
counselor
or
individual
present
for
a
group
33
crisis
intervention
by
the
officer
or
civilian
employee
while
34
receiving
counseling
or
group
crisis
intervention
.
35
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342.2023
(2)
89
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3/
27
b.
The
prohibition
in
this
subsection
does
not
apply
1
where
the
officer
or
civilian
employee
has
consented
to
the
2
disclosure
of
the
information
specified
in
paragraph
“a”
or
3
where
the
peer
support
group
counselor
or
individual
present
4
for
a
group
crisis
intervention
was
an
initial
responding
5
officer,
a
witness,
or
a
party
to
the
incident
which
prompted
6
the
delivery
of
peer
support
group
counseling
services
or
the
7
group
crisis
intervention
to
the
officer
or
civilian
employee
.
8
DIVISION
II
9
UNIFORM
COMMERCIAL
CODE
——
FRAUDULENT
FILINGS
10
Sec.
9.
Section
554.9510,
subsection
1,
Code
2021,
is
11
amended
to
read
as
follows:
12
1.
Filed
record
effective
if
authorized.
A
filed
record
13
is
effective
only
to
the
extent
that
it
was
filed
by
a
person
14
that
may
file
it
under
section
554.9509
or
by
the
filing
office
15
under
section
554.9513A
.
16
Sec.
10.
NEW
SECTION
.
554.9513A
Termination
of
wrongfully
17
filed
financing
statement
——
reinstatement.
18
1.
Trusted
filer.
“Trusted
filer”
means
a
person
that
does
19
any
of
the
following:
20
a.
Regularly
causes
records
to
be
communicated
to
the
21
filing
office
for
filing
and
has
provided
the
filing
office
22
with
current
contact
information
and
information
sufficient
to
23
establish
the
person’s
identity.
24
b.
Satisfies
either
of
the
following
conditions:
25
(1)
The
filing
office
has
issued
the
person
credentials
for
26
access
to
online
filing
services.
27
(2)
The
person
has
established
a
prepaid
or
direct
debit
28
account
for
payment
of
filing
fees,
regardless
of
whether
the
29
account
is
used
in
a
particular
transaction.
30
2.
Affidavit
of
wrongful
filing.
A
person
identified
as
31
debtor
in
a
filed
financing
statement
may
deliver
to
the
32
filing
office
a
notarized,
sworn
affidavit
that
identifies
the
33
financing
statement
by
file
number,
indicates
the
affiant’s
34
mailing
address,
and
states
that
the
affiant
believes
that
35
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(2)
89
as/rh
4/
27
the
filed
record
identifying
the
affiant
as
debtor
was
not
1
authorized
to
be
filed
and
was
caused
to
be
communicated
to
the
2
filing
office
with
the
intent
to
harass
or
defraud
the
affiant.
3
The
filing
office
may
reject
an
affidavit
that
is
incomplete
or
4
that
it
believes
was
delivered
to
it
with
the
intent
to
harass
5
or
defraud
the
secured
party.
The
office
of
the
secretary
6
of
state
shall
adopt
a
form
of
affidavit
for
use
under
this
7
section.
8
3.
Termination
statement
by
filing
office.
Subject
to
9
subsection
11,
if
an
affidavit
is
delivered
to
the
filing
10
office
under
subsection
2,
the
filing
office
shall
promptly
11
file
a
termination
statement
with
respect
to
the
financing
12
statement
identified
in
the
affidavit.
The
termination
13
statement
must
identify
by
its
file
number
the
initial
14
financing
statement
to
which
it
relates
and
must
indicate
that
15
it
was
filed
pursuant
to
this
section.
A
termination
statement
16
filed
under
this
subsection
is
not
effective
until
ninety
days
17
after
it
is
filed.
18
4.
No
fee
charged
or
refunded.
The
filing
office
shall
not
19
charge
a
fee
for
the
filing
of
an
affidavit
under
subsection
20
2
or
a
termination
statement
under
subsection
3.
The
filing
21
office
shall
not
return
any
fee
paid
for
filing
the
financing
22
statement
identified
in
the
affidavit,
whether
or
not
the
23
financing
statement
is
reinstated
under
subsection
7.
24
5.
Notice
of
termination
statement.
On
the
same
day
that
a
25
filing
office
files
a
termination
statement
under
subsection
26
3,
the
filing
office
shall
send
to
the
secured
party
of
record
27
for
the
financing
statement
to
which
the
termination
statement
28
relates
a
notice
stating
that
the
termination
statement
29
has
been
filed
and
will
become
effective
ninety
days
after
30
filing.
The
notice
shall
be
sent
by
certified
mail,
return
31
receipt
requested,
to
the
address
provided
for
the
secured
32
party
of
record
in
the
financing
statement
with
a
copy
sent
by
33
electronic
mail
to
the
electronic
mail
address
provided
by
the
34
secured
party
of
record,
if
any.
35
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5/
27
6.
Administrative
review
——
action
for
reinstatement.
A
1
secured
party
that
believes
in
good
faith
that
the
filed
record
2
identified
in
an
affidavit
delivered
to
the
filing
office
under
3
subsection
2
was
authorized
to
be
filed
and
was
not
caused
to
4
be
communicated
to
the
filing
office
with
the
intent
to
harass
5
or
defraud
the
affiant
may:
6
a.
Before
the
termination
statement
takes
effect,
request
7
that
the
filing
office
conduct
an
expedited
review
of
the
8
filed
record
and
any
documentation
provided
by
the
secured
9
party.
The
filing
office
may
as
a
result
of
this
review
10
remove
from
the
record
the
termination
statement
filed
by
11
it
under
subsection
3
before
it
takes
effect
and
conduct
an
12
administrative
review
under
subsection
11.
13
b.
File
an
action
against
the
office
seeking
reinstatement
14
of
the
financing
statement
to
which
the
filed
record
relates
at
15
any
time
before
the
expiration
of
six
months
after
the
date
on
16
which
the
termination
stated
filed
under
subsection
3
becomes
17
effective.
If
the
affiant
is
not
named
as
a
defendant
in
the
18
action,
the
secured
party
shall
send
a
copy
of
the
petition
to
19
the
affiant
at
the
address
indicated
in
the
affidavit.
The
20
exclusive
venue
for
the
action
shall
be
in
the
district
court
21
for
the
county
where
the
filing
office
in
which
the
financing
22
statement
was
filed
is
located.
The
action
shall
be
considered
23
by
the
court
on
an
expedited
basis.
24
7.
Filing
office
to
file
notice
of
action
for
25
reinstatement.
Within
ten
days
after
being
served
with
process
26
in
an
action
under
subsection
6,
the
filing
office
shall
file
27
a
notice
indicating
that
the
action
has
been
commenced.
The
28
notice
must
indicate
the
file
number
of
the
initial
financing
29
statement
to
which
the
notice
relates.
30
8.
Action
for
reinstatement
successful.
If,
in
an
action
31
under
subsection
6,
the
court
determines
that
the
financing
32
statement
was
authorized
to
be
filed
and
was
not
caused
to
be
33
communicated
to
the
filing
office
with
the
intent
to
harass
or
34
defraud
the
affiant,
the
court
shall
order
that
the
financing
35
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(2)
89
as/rh
6/
27
statement
be
reinstated.
If
an
order
of
reinstatement
is
1
issued
by
the
court,
the
filing
office
shall
promptly
file
a
2
record
that
identifies
by
its
file
number
the
initial
financing
3
statement
to
which
the
record
relates
and
indicates
that
the
4
financing
statement
has
been
reinstated.
5
9.
Effect
of
reinstatement.
Upon
the
filing
of
a
record
6
reinstating
a
financing
statement
under
subsection
8,
the
7
effectiveness
of
the
financing
statement
is
reinstated
and
the
8
financing
statement
shall
be
considered
never
to
have
been
9
terminated
under
this
section
except
as
against
a
purchaser
of
10
the
collateral
that
gives
value
in
reasonable
reliance
upon
11
the
termination.
A
continuation
statement
filed
as
provided
12
in
section
554.9515,
subsection
4,
after
the
effective
date
of
13
a
termination
statement
filed
under
subsection
3
or
11
becomes
14
effective
if
the
financing
statement
is
reinstated.
15
10.
Liability
for
wrongful
filing.
If,
in
an
action
under
16
subsection
6,
the
court
determines
that
the
filed
record
17
identified
in
an
affidavit
delivered
to
the
filing
office
under
18
subsection
2
was
caused
to
be
communicated
to
the
filing
office
19
with
the
intent
to
harass
or
defraud
the
affiant,
the
filing
20
office
and
the
affiant
may
recover
from
the
secured
party
that
21
filed
the
action
the
costs
and
expenses,
including
reasonable
22
attorney
fees
and
the
reasonable
allocated
costs
of
internal
23
counsel,
that
the
filing
office
and
the
affiant
incurred
in
the
24
action.
This
recovery
is
in
addition
to
any
recovery
to
which
25
the
affiant
is
entitled
under
section
554.9625.
26
11.
Procedure
for
record
filed
by
trusted
filer.
If
an
27
affidavit
delivered
to
a
filing
office
under
subsection
2
28
relates
to
a
filed
record
communicated
to
the
filing
office
by
29
a
trusted
filer,
the
filing
office
shall
promptly
send
to
the
30
secured
party
of
record
a
notice
stating
that
the
affidavit
has
31
been
delivered
to
the
filing
office
and
that
the
filing
office
32
is
conducting
an
administrative
review
to
determine
whether
the
33
record
was
caused
to
be
communicated
with
the
intent
to
harass
34
or
defraud
the
affiant.
The
notice
shall
be
sent
by
certified
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mail,
return
receipt
requested,
to
the
address
provided
for
1
the
secured
party
in
the
financing
statement
with
a
copy
sent
2
by
electronic
mail
to
the
electronic
mail
address
provided
3
by
the
secured
party
of
record,
if
any,
and
a
copy
shall
be
4
sent
in
the
same
manner
to
the
affiant.
The
administrative
5
review
shall
be
conducted
on
an
expedited
basis
and
the
filing
6
office
may
require
the
affiant
and
the
secured
party
of
record
7
to
provide
any
additional
information
that
the
filing
office
8
deems
appropriate.
If
the
filing
office
concludes
that
the
9
record
was
caused
to
be
communicated
with
the
intent
to
harass
10
or
defraud
the
affiant,
the
filing
office
shall
promptly
file
a
11
termination
statement
under
subsection
2
that
will
be
effective
12
immediately
and
send
to
the
secured
party
of
record
the
notice
13
required
by
subsection
5.
The
secured
party
may
thereafter
14
file
an
action
for
reinstatement
under
subsection
6
and
the
15
provisions
of
subsections
7
through
10
are
applicable.
16
Sec.
11.
NEW
SECTION
.
714.29
Records
filed
with
intent
to
17
harass
or
defraud.
18
1.
A
person
shall
not
cause
to
be
communicated
to
the
filing
19
office
as
defined
in
section
554.9102
for
filing
a
record
if
20
all
of
the
following
are
true:
21
a.
The
person
is
not
authorized
to
file
the
record
under
22
section
554.9509.
23
b.
The
record
is
not
related
to
an
existing
or
anticipated
24
transaction
that
is
or
will
be
governed
by
chapter
554,
article
25
9.
26
c.
The
record
is
filed
with
the
intent
to
harass
or
defraud
27
the
person
identified
as
debtor
in
the
record.
28
2.
A
person
that
violates
subsection
1
is
guilty
of
a
simple
29
misdemeanor
for
a
first
offense
and
a
serious
misdemeanor
for
a
30
second
or
subsequent
offense.
31
DIVISION
III
32
ACCRUED
SICK
LEAVE
——
RETIRED
PUBLIC
SAFETY
EMPLOYEES
33
Sec.
12.
NEW
SECTION
.
70A.23A
Credit
for
accrued
sick
leave
34
——
public
safety
employees.
35
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A
public
safety
employee,
as
defined
by
section
20.3,
1
subsection
11,
who
retires
and
has
applied
for
retirement
2
benefits
under
an
eligible
retirement
system,
shall
receive
3
credit
for
all
accumulated,
unused
sick
leave
which
shall
be
4
converted
at
current
value
and
credited
to
an
account
for
the
5
public
safety
employee
for
the
purpose
of
paying
the
public
6
safety
employee’s
cost
of
the
monthly
premiums
for
continuance
7
of
the
public
safety
employee’s
health
insurance
plan.
Upon
8
the
death
of
a
retired
public
safety
employee,
the
spouse
9
or
surviving
spouse
shall
be
entitled
to
the
value
of
the
10
accumulated
unused
sick
leave
for
the
purpose
of
paying
the
11
cost
of
monthly
premiums
for
continuation
of
a
public
safety
12
employee’s
health
insurance
policy
for
the
public
safety
13
employee’s
surviving
spouse
or
dependents.
This
section
shall
14
not
apply
to
sections
509A.13
and
509A.13A.
15
DIVISION
IV
16
WORKERS’
COMPENSATION
——
ACTIONS
AND
OFFSETS
17
Sec.
13.
Section
85.26,
subsection
1,
Code
2021,
is
amended
18
to
read
as
follows:
19
1.
An
original
proceeding
for
benefits
under
this
chapter
20
or
chapter
85A
,
85B
,
or
86
,
shall
not
be
maintained
in
any
21
contested
case
unless
the
proceeding
is
commenced
within
two
22
years
from
the
date
of
the
occurrence
of
the
injury
for
which
23
benefits
are
claimed
or
one
year
from
the
date
a
denial
of
24
liability
is
received
by
the
employee,
whichever
is
later,
25
or,
if
weekly
compensation
benefits
are
paid
under
section
26
86.13
,
within
three
years
from
the
date
of
the
last
payment
27
of
weekly
compensation
benefits.
For
the
purposes
of
this
28
section
,
“date
of
the
occurrence
of
the
injury”
means
the
date
29
that
the
employee
knew
or
should
have
known
that
the
injury
was
30
work-related.
31
Sec.
14.
Section
97A.6,
subsection
11,
Code
2021,
is
amended
32
to
read
as
follows:
33
11.
Pensions
offset
by
compensation
benefits.
34
a.
Any
amounts
which
may
be
paid
or
payable
by
the
state
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under
the
provisions
of
any
workers’
compensation
or
similar
1
law
to
a
member
or
to
the
dependents
of
a
member
on
account
of
2
any
disability
or
death,
shall
be
offset
against
and
payable
3
in
lieu
of
any
benefits
payable
out
of
the
retirement
fund
4
provided
by
the
state
under
the
provisions
of
this
chapter
on
5
account
of
the
same
disability
or
death.
In
case
the
present
6
value
of
the
total
commuted
benefits
under
said
workers’
7
compensation
or
similar
law
is
less
than
the
present
value
8
of
the
benefits
otherwise
payable
from
the
retirement
fund
9
provided
by
the
state
under
this
chapter
,
then
the
present
10
value
of
the
commuted
payments
shall
be
deducted
from
the
11
pension
payable
and
such
benefits
as
may
be
provided
by
the
12
system
so
reduced
shall
be
payable
under
the
provisions
of
this
13
chapter
.
14
b.
Notwithstanding
paragraph
“a”
,
any
workers’
compensation
15
benefits
received
by
a
member
for
past
medical
expenses
or
16
future
medical
expenses
shall
not
be
offset
against
and
not
17
considered
payable
in
lieu
of
any
retirement
allowance
payable
18
pursuant
to
this
section
on
account
of
the
same
disability.
19
c.
Notwithstanding
paragraph
“a”
,
any
workers’
compensation
20
benefits
received
by
a
member
for
reimbursement
of
vacation
21
time
used,
sick
time
used,
or
for
any
unpaid
time
off
from
work
22
shall
not
be
offset
against
and
not
considered
payable
in
lieu
23
of
any
retirement
allowance
payable
pursuant
to
this
section
on
24
account
of
the
same
disability.
25
Sec.
15.
Section
97B.50A,
subsection
5,
Code
2021,
is
26
amended
to
read
as
follows:
27
5.
Offset
to
allowance.
28
a.
Notwithstanding
any
provisions
to
the
contrary
in
state
29
law,
or
any
applicable
contract
or
policy,
any
amounts
which
30
may
be
paid
or
payable
by
the
employer
under
any
workers’
31
compensation,
unemployment
compensation,
employer-paid
32
disability
plan,
program,
or
policy,
or
other
law
to
a
member,
33
and
any
disability
payments
the
member
receives
pursuant
to
34
the
federal
Social
Security
Act,
42
U.S.C.
§423
et
seq.,
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shall
be
offset
against
and
payable
in
lieu
of
any
retirement
1
allowance
payable
pursuant
to
this
section
on
account
of
the
2
same
disability.
3
b.
Notwithstanding
paragraph
“a”
,
any
workers’
compensation
4
benefits
received
by
a
member
for
past
medical
expenses
or
5
future
medical
expenses
shall
not
be
offset
against
and
not
6
considered
payable
in
lieu
of
any
retirement
allowance
payable
7
pursuant
to
this
section
on
account
of
the
same
disability.
8
c.
Notwithstanding
paragraph
“a”
,
any
workers’
compensation
9
benefits
received
by
a
member
for
reimbursement
of
vacation
10
time
used,
sick
time
used,
or
for
any
unpaid
time
off
from
work
11
shall
not
be
offset
against
and
not
considered
payable
in
lieu
12
of
any
retirement
allowance
payable
pursuant
to
this
section
on
13
account
of
the
same
disability.
14
DIVISION
V
15
CIVIL
SERVICE
COMMISSION
EXAMINATIONS
16
Sec.
16.
Section
400.8,
subsection
2,
Code
2021,
is
amended
17
to
read
as
follows:
18
2.
The
commission
shall
establish
the
guidelines
for
19
conducting
the
examinations
under
subsection
1
of
this
section
.
20
It
may
prepare
and
administer
the
examinations
or
may
The
21
commission
shall
hire
persons
with
expertise
to
do
so
if
the
22
commission
approves
the
examinations
prepare
and
administer
23
the
examinations
approved
by
the
commission
.
It
may
also
24
hire
persons
with
expertise
to
consult
in
the
preparation
of
25
such
examinations
if
the
persons
so
hired
are
employed
to
aid
26
personnel
of
the
commission
in
assuring
that
a
fair
examination
27
is
conducted.
A
fair
examination
shall
explore
the
competence
28
of
the
applicant
in
the
particular
field
of
examination.
29
Sec.
17.
Section
400.9,
subsection
2,
Code
2021,
is
amended
30
to
read
as
follows:
31
2.
The
commission
shall
establish
guidelines
for
conducting
32
the
examinations
under
subsection
1
.
It
may
prepare
and
33
administer
the
examinations
or
may
The
commission
shall
hire
34
persons
with
expertise
to
do
so
if
the
commission
approves
35
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the
examinations
and
if
the
examinations
apply
to
prepare
and
1
administer
the
examinations
approved
by
the
commission
for
2
the
position
in
the
city
for
which
the
applicant
is
taking
3
the
examination.
It
may
also
hire
persons
with
expertise
to
4
consult
in
the
preparation
of
such
examinations
if
the
persons
5
so
hired
are
employed
to
aid
personnel
of
the
commission
6
in
assuring
that
a
fair
examination
is
conducted.
A
fair
7
examination
shall
explore
the
competence
of
the
applicant
in
8
the
particular
field
of
examination.
The
names
of
persons
9
approved
to
administer
any
examination
under
this
section
shall
10
be
posted
in
the
city
hall
at
least
twenty-four
hours
prior
to
11
the
examination.
12
DIVISION
VI
13
COLLECTIVE
BARGAINING
14
Sec.
18.
Section
20.1,
subsection
2,
paragraph
a,
Code
2021,
15
is
amended
to
read
as
follows:
16
a.
Determining
appropriate
bargaining
units
,
amending
17
the
composition
of
previously
determined
bargaining
units
18
represented
by
a
certified
employee
organization,
reconsidering
19
and
altering
the
composition
of
previously
determined
20
bargaining
units
which
are
not
represented
by
a
certified
21
employee
organization,
and
conducting
representation
elections.
22
Sec.
19.
Section
20.3,
subsection
11,
Code
2021,
is
amended
23
by
adding
the
following
new
paragraphs:
24
NEW
PARAGRAPH
.
g.
A
correctional
officer
or
correctional
25
supervisor
employed
by
the
Iowa
department
of
corrections
whose
26
primary
purpose
is,
through
ongoing
direct
inmate
contact,
to
27
enforce
and
maintain
discipline,
safety,
and
security
within
a
28
correctional
facility.
29
NEW
PARAGRAPH
.
h.
A
jailer
or
detention
officer
who
30
performs
duties
as
a
jailer,
including
but
not
limited
to
the
31
transportation
of
inmates,
who
is
certified
as
having
completed
32
jailer
training
pursuant
to
chapter
80B,
and
who
is
employed
33
by
a
county
as
a
jailer.
34
NEW
PARAGRAPH
.
i.
A
peace
officer
employed
by
an
35
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institution
under
the
control
of
the
state
board
of
regents
1
whose
position
requires
law
enforcement
certification
pursuant
2
to
section
262.13.
3
NEW
PARAGRAPH
.
j.
An
emergency
dispatcher
for
a
county
4
sheriff.
5
Sec.
20.
Section
20.13,
Code
2021,
is
amended
to
read
as
6
follows:
7
20.13
Bargaining
unit
determination
,
amendment,
and
8
reconsideration
.
9
1.
Board
The
board’s
determination
of
an
appropriate
10
bargaining
unit
shall
be
upon
petition
filed
by
a
public
11
employer,
public
employee,
or
employee
organization.
Except
12
as
provided
in
subsection
4,
the
board’s
amendment
of
the
13
composition
of
a
represented
bargaining
unit
shall
be
upon
14
petition
filed
by
the
employer
or
certified
representative
15
of
the
bargaining
unit.
The
board’s
reconsideration
of
the
16
composition
of
a
previously
determined
bargaining
unit
which
is
17
not
represented
by
a
certified
representative
shall
be
upon
the
18
combined
petition
of
an
employee
organization
which
also
seeks
19
a
representation
election
pursuant
to
section
20.14,
subsection
20
2.
21
2.
Within
thirty
days
of
receipt
of
a
petition,
the
board
22
shall
conduct
a
public
hearing,
receive
written
or
oral
23
testimony,
and
promptly
thereafter
file
an
order
defining
24
the
appropriate
bargaining
unit
,
amending
or
refusing
to
25
amend
the
composition
of
a
represented
bargaining
unit
or
26
reconsidering
and
altering
or
refusing
to
alter
the
composition
27
of
an
unrepresented
bargaining
unit
.
In
defining
the
unit,
28
or
determining
whether
a
unit
should
be
amended
or
altered
29
in
response
to
a
petition
for
amendment
or
reconsideration,
30
the
board
shall
take
into
consideration,
along
with
other
31
relevant
factors,
the
principles
of
efficient
administration
32
of
government,
the
existence
of
a
community
of
interest
among
33
public
employees,
the
history
and
extent
of
public
employee
34
organization,
geographical
location,
and
the
recommendations
35
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of
the
parties
involved.
1
3.
Appeals
from
such
order
shall
be
governed
by
the
2
provisions
of
chapter
17A
.
3
4.
3.
Professional
and
nonprofessional
employees
shall
not
4
be
included
in
the
same
bargaining
unit
unless
a
majority
of
5
both
agree.
6
4.
Notwithstanding
the
provisions
of
subsection
1,
a
7
petition
to
amend
the
composition
of
a
represented
bargaining
8
unit
by
the
removal
of
public
safety
employees
may
be
filed
9
by
a
public
safety
employee
who
is
a
member
of
the
bargaining
10
unit.
If
the
petition
is
accompanied
by
evidence
satisfactory
11
to
the
board
that
the
public
safety
employees
in
the
bargaining
12
unit
do
not
constitute
at
least
thirty
percent
of
the
employees
13
in
the
unit
and
that
a
majority
of
the
public
safety
employees
14
in
the
unit
support
the
petition,
the
board
shall
conduct
15
a
hearing
within
thirty
days
of
its
finding
such
evidence
16
satisfactory
and
shall
promptly
thereafter
issue
an
order
17
granting
or
denying
the
requested
amendment.
If
the
board
18
amends
the
composition
of
the
bargaining
unit
by
removing
19
public
safety
employees,
those
employees
may
immediately
be
the
20
subject
of
a
separate
bargaining
unit
determination
petition
21
filed
in
accordance
with
subsection
1.
22
5.
Appeals
from
such
orders
shall
be
governed
by
the
23
provisions
of
chapter
17A.
24
Sec.
21.
Section
20.15,
Code
2021,
is
amended
by
striking
25
the
section
and
inserting
in
lieu
thereof
the
following:
26
20.15
Elections.
27
1.
Upon
the
filing
of
a
petition
for
certification
of
an
28
employee
organization,
the
board
shall
submit
a
question
to
29
the
public
employees
at
an
election
in
the
bargaining
unit
30
found
appropriate
by
the
board.
The
question
on
the
ballot
31
shall
permit
the
public
employees
to
vote
for
no
bargaining
32
representation
or
for
any
employee
organization
which
has
33
petitioned
for
certification
or
which
has
presented
proof
34
satisfactory
to
the
board
of
support
of
ten
percent
or
more
of
35
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the
public
employees
in
the
appropriate
unit.
1
2.
If
a
majority
of
the
votes
cast
on
the
question
is
2
for
no
bargaining
representation,
the
public
employees
in
3
the
bargaining
unit
found
appropriate
by
the
board
shall
not
4
be
represented
by
an
employee
organization.
If
a
majority
5
of
the
votes
cast
on
the
question
is
for
a
listed
employee
6
organization,
then
that
employee
organization
shall
represent
7
the
public
employees
in
the
bargaining
unit
found
appropriate
8
by
the
board.
9
3.
If
none
of
the
choices
on
the
ballot
receives
the
vote
10
of
a
majority
of
the
public
employees
voting,
the
board
shall
11
conduct
a
runoff
election
among
the
two
choices
receiving
the
12
greatest
number
of
votes.
13
4.
Upon
written
objections
filed
by
any
party
to
the
14
election
within
ten
days
after
notice
of
the
results
of
15
the
election,
if
the
board
finds
that
misconduct
or
other
16
circumstances
prevented
the
public
employees
eligible
to
17
vote
from
freely
expressing
their
preferences,
the
board
may
18
invalidate
the
election
and
hold
a
second
election
for
the
19
public
employees.
20
5.
Upon
completion
of
a
valid
election
in
which
the
majority
21
choice
of
the
employees
voting
is
determined,
the
board
shall
22
certify
the
results
of
the
election
and
shall
give
reasonable
23
notice
of
the
order
to
all
employee
organizations
listed
on
the
24
ballot,
the
public
employers,
and
the
public
employees
in
the
25
appropriate
bargaining
unit.
26
6.
a.
A
petition
for
certification
as
exclusive
bargaining
27
representative
of
a
bargaining
unit
shall
not
be
considered
28
by
the
board
for
a
period
of
one
year
from
the
date
of
the
29
noncertification
of
an
employee
organization
as
the
exclusive
30
bargaining
representative
of
that
bargaining
unit
following
a
31
certification
election.
A
petition
for
certification
as
the
32
exclusive
bargaining
representative
of
a
bargaining
unit
shall
33
also
not
be
considered
by
the
board
if
the
bargaining
unit
is
34
at
that
time
represented
by
a
certified
exclusive
bargaining
35
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representative.
1
b.
A
petition
for
the
decertification
of
the
exclusive
2
bargaining
representative
of
a
bargaining
unit
shall
not
be
3
considered
by
the
board
for
a
period
of
one
year
from
the
date
4
of
its
certification,
or
within
one
year
of
its
continued
5
certification
following
a
decertification
election,
or
during
6
the
duration
of
a
collective
bargaining
agreement
which,
for
7
purposes
of
this
section,
shall
be
deemed
not
to
exceed
two
8
years.
However,
if
a
petition
for
decertification
is
filed
9
during
the
duration
of
a
collective
bargaining
agreement,
the
10
board
shall
award
an
election
under
this
section
not
more
than
11
one
hundred
eighty
days
and
not
less
than
one
hundred
fifty
12
days
prior
to
the
expiration
of
the
collective
bargaining
13
agreement.
If
an
employee
organization
is
decertified,
the
14
board
may
receive
petitions
under
section
20.14,
provided
that
15
no
such
petition
and
no
election
conducted
pursuant
to
such
16
petition
within
one
year
from
decertification
shall
include
as
17
a
party
the
decertified
employee
organization.
18
7.
A
collective
bargaining
agreement
with
the
state,
its
19
boards,
commissions,
departments,
and
agencies
shall
be
for
two
20
years.
The
provisions
of
a
collective
bargaining
agreement
or
21
arbitrator’s
award
affecting
state
employees
shall
not
provide
22
for
renegotiations
which
would
require
the
refinancing
of
23
salary
and
fringe
benefits
for
the
second
year
of
the
term
of
24
the
agreement,
except
as
provided
in
section
20.17,
subsection
25
6.
The
effective
date
of
any
such
agreement
shall
be
July
1
of
26
odd-numbered
years,
provided
that
if
an
exclusive
bargaining
27
representative
is
certified
on
a
date
which
will
prevent
the
28
negotiation
of
a
collective
bargaining
agreement
prior
to
29
July
1
of
odd-numbered
years
for
a
period
of
two
years,
the
30
certified
collective
bargaining
representative
may
negotiate
31
a
one-year
contract
with
the
public
employer
which
shall
be
32
effective
from
July
1
of
the
even-numbered
year
to
July
1
33
of
the
succeeding
odd-numbered
year
when
new
contracts
shall
34
become
effective.
35
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Sec.
22.
Section
22.7,
subsections
69
and
70,
Code
2021,
are
1
amended
to
read
as
follows:
2
69.
The
evidence
of
public
employee
support
for
3
the
certification
,
retention
and
recertification,
or
4
decertification
of
an
employee
organization
as
defined
in
5
section
20.3
that
is
submitted
to
the
public
employment
6
relations
board
as
provided
in
section
20.14
or
20.15
.
7
70.
Information
indicating
whether
a
public
employee
8
voted
in
a
certification
,
retention
and
recertification,
or
9
decertification
election
held
pursuant
to
section
20.15
or
10
how
the
employee
voted
on
any
question
on
a
ballot
in
such
an
11
election.
12
Sec.
23.
Section
602.1401,
subsection
3,
paragraph
b,
Code
13
2021,
is
amended
to
read
as
follows:
14
b.
For
purposes
of
chapter
20
,
the
certified
representative,
15
which
on
July
1,
1983,
represents
employees
who
become
judicial
16
branch
employees
as
a
result
of
1983
Iowa
Acts,
ch.
186
,
shall
17
remain
the
certified
representative
when
the
employees
become
18
judicial
branch
employees
and
thereafter,
unless
the
public
19
employee
organization
is
not
retained
and
recertified
or
is
20
decertified
in
an
election
held
under
section
20.15
or
amended
21
or
absorbed
into
another
certified
organization
pursuant
to
22
chapter
20
.
Collective
bargaining
negotiations
shall
be
23
conducted
on
a
statewide
basis
and
the
certified
employee
24
organizations
which
engage
in
bargaining
shall
negotiate
on
a
25
statewide
basis,
although
bargaining
units
shall
be
organized
26
by
judicial
district.
The
public
employment
relations
board
27
shall
adopt
rules
pursuant
to
chapter
17A
to
implement
this
28
subsection
.
29
Sec.
24.
Section
905.4,
subsection
2,
Code
2021,
is
amended
30
to
read
as
follows:
31
2.
Employ
a
director
having
the
qualifications
required
by
32
section
905.6
to
head
the
district
department’s
community-based
33
correctional
program
and,
within
a
range
established
by
the
34
Iowa
department
of
corrections,
fix
the
compensation
of
and
35
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27
have
control
over
the
director
and
the
district
department’s
1
staff.
For
purposes
of
collective
bargaining
under
chapter
2
20
,
employees
of
the
district
board
who
are
not
exempt
from
3
chapter
20
are
employees
of
the
state,
and
the
employees
of
all
4
of
the
district
boards
shall
be
included
within
one
collective
5
bargaining
unit.
Furthermore,
employees
of
the
district
board
6
shall
be
considered
state
employees
for
purposes
of
section
7
8A.415,
subsection
2.
8
Sec.
25.
DIRECTIVES
TO
PUBLIC
EMPLOYMENT
RELATIONS
BOARD.
9
1.
The
public
employment
relations
board
shall
cancel
any
10
elections
scheduled
or
in
process
pursuant
to
section
20.15,
11
subsection
2,
Code
2021,
as
of
the
effective
date
of
this
12
division
of
this
Act.
13
2.
Notwithstanding
section
20.15,
subsection
1,
paragraph
14
“c”,
Code
2021,
the
public
employment
relations
board
15
shall
consider
a
petition
for
certification
of
an
employee
16
organization
as
the
exclusive
representative
of
a
bargaining
17
unit
for
which
an
employee
organization
was
not
retained
and
18
recertified
as
the
exclusive
representative
of
that
bargaining
19
unit
regardless
of
the
amount
of
time
that
has
elapsed
since
20
the
retention
and
recertification
election
at
which
an
employee
21
organization
was
not
retained
or
recertified.
22
DIVISION
VII
23
LAW
ENFORCEMENT
DATA
COLLECTION
AND
REPORTING
24
Sec.
26.
NEW
SECTION
.
13.12
Law
enforcement
data
collection
25
and
reporting.
26
1.
Every
state
and
local
law
enforcement
agency
shall
27
collect
and
compile
data
on
each
traffic,
bicycle,
or
28
pedestrian
stop
conducted
by
its
officers,
and
shall
report
the
29
data
to
the
attorney
general
on
or
before
July
1
of
each
year,
30
subject
to
subsection
3.
All
of
the
following
information
31
shall
be
collected
and
compiled
for
each
stop,
including
but
32
not
limited
to
stops
that
involve
questioning
or
a
driver’s
33
license
or
motor
vehicle
registration
check
but
that
do
not
34
result
in
the
issuance
of
a
written
citation
or
warning:
35
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27
a.
The
time,
date,
location,
and
duration
of
the
stop.
1
b.
The
reason
for
the
stop.
2
c.
Whether
the
officer
performed
a
driver’s
license
or
motor
3
vehicle
registration
check.
4
d.
Whether
the
officer
issued
a
citation
or
an
oral
or
5
written
warning.
6
e.
The
offense
for
which
the
individual
was
warned,
cited,
7
or
arrested,
if
applicable.
8
f.
The
race,
ethnicity,
sex,
and
approximate
age
of
the
9
individual,
and
whether
English
is
the
individual’s
primary
10
language.
The
identification
of
these
characteristics
shall
be
11
based
primarily
on
information
obtained
from
the
individual’s
12
driver’s
license
or
nonoperator’s
identification
card
and
13
secondarily
on
the
observations
and
perceptions
of
the
officer
14
performing
the
stop.
The
officer
shall
not
be
required
to
15
inquire
about
the
individual’s
race
or
ethnicity,
or
whether
16
English
is
the
individual’s
primary
language,
and
shall
rely
17
principally
on
such
information
encrypted
on
the
individual’s
18
driver’s
license
or
nonoperator’s
identification
card
pursuant
19
to
section
321.189
or
321.190.
The
identifying
characteristics
20
of
any
passenger
in
the
motor
vehicle
shall
also
be
reported
21
if
the
stop
involved
the
passenger
and
the
officer
performed
a
22
search.
23
g.
Whether
the
officer
asked
for
consent
to
search
the
24
individual
or
vehicle
and
whether
the
individual
consented
to
25
the
search;
whether
the
officer
searched
the
individual,
the
26
vehicle,
or
any
property,
and
the
basis
for
the
search;
and
27
whether
the
officer
seized
any
property,
a
description
of
the
28
property
seized,
and
the
basis
for
seizing
the
property.
29
h.
Whether
the
officer
used
physical
force
against
the
30
individual
and
whether
the
individual
used
physical
force
31
against
the
officer.
32
i.
Any
other
information
which
the
officer
or
law
33
enforcement
agency
considers
appropriate.
34
2.
The
attorney
general
shall
develop
a
standardized
form
to
35
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27
be
used
by
law
enforcement
agencies
in
collecting,
compiling,
1
and
reporting
the
information
pursuant
to
subsection
1.
2
3.
a.
Every
state
law
enforcement
agency,
every
local
law
3
enforcement
agency
with
jurisdiction
over
a
county,
and
every
4
local
law
enforcement
agency
with
jurisdiction
over
a
city
with
5
a
population
of
four
thousand
five
hundred
or
more
shall
submit
6
its
first
report
to
the
attorney
general
on
or
before
July
1,
7
2021.
8
b.
Every
local
law
enforcement
agency
with
jurisdiction
over
9
a
city
with
a
population
of
at
least
two
thousand
five
hundred
10
but
less
than
four
thousand
five
hundred
shall
submit
its
first
11
report
to
the
attorney
general
on
or
before
July
1,
2022.
12
c.
Every
local
law
enforcement
agency
with
jurisdiction
over
13
a
city
with
a
population
of
less
than
two
thousand
five
hundred
14
shall
submit
its
first
report
to
the
attorney
general
on
or
15
before
July
1,
2023.
16
4.
a.
Except
as
otherwise
provided
by
law,
a
law
17
enforcement
agency
shall
not
grant
access
to
any
personal
18
identifying
information
contained
in
the
data
collected
by
19
the
agency
to
any
person
except
a
federal,
state,
local,
or
20
tribal
government
employee
or
agent
who
requires
access
to
such
21
information
in
order
to
collect,
compile,
and
report
the
data
22
in
accordance
with
this
section.
23
b.
A
law
enforcement
agency
may
permit
a
contractor
24
or
nongovernmental
entity
to
access
personal
identifying
25
information
contained
in
the
data
if
the
contractor
or
26
nongovernmental
entity
signs
an
agreement
with
the
agency
27
which
prohibits
further
disclosure
of
the
personal
identifying
28
information
by
the
contractor
or
nongovernmental
entity,
and
29
if
the
contractor
or
nongovernmental
entity
is
required
by
the
30
agreement
to
maintain
adequate
security
measures
to
prevent
31
unauthorized
access
to
the
personal
identifying
information.
32
5.
On
or
before
December
15,
2021,
and
each
year
thereafter,
33
the
attorney
general
shall
publish
a
report
on
the
attorney
34
general’s
internet
site
containing
the
compiled
data
and
35
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27
reports
received
by
the
attorney
general
pursuant
to
this
1
section
for
the
period
ending
July
1
of
the
calendar
year
in
2
which
the
report
is
published.
The
report
shall
not
contain
3
any
unique
personal
identifying
information
of
any
peace
4
officer
or
other
person
involved
in
a
particular
incident,
5
including
but
not
limited
to
names
and
badge
numbers.
6
Sec.
27.
Section
321.189,
subsection
2,
paragraph
a,
Code
7
2021,
is
amended
to
read
as
follows:
8
a.
Appearing
on
the
driver’s
license
shall
be
a
9
distinguishing
number
assigned
to
the
licensee;
the
licensee’s
10
full
name,
date
of
birth,
sex,
and
residence
address;
a
11
color
photograph;
a
physical
description
of
the
licensee;
12
the
name
of
the
state;
the
dates
of
issuance
and
expiration;
13
and
the
usual
signature
of
the
licensee.
The
license
shall
14
identify
the
class
of
vehicle
the
licensee
may
operate
and
the
15
applicable
endorsements
and
restrictions
which
the
department
16
shall
require
by
rule.
The
licensee’s
race
and
ethnicity,
and
17
whether
English
is
the
licensee’s
primary
language,
shall
be
18
encrypted
on
the
back
of
the
license.
19
Sec.
28.
Section
321.190,
subsection
1,
paragraph
a,
Code
20
2021,
is
amended
to
read
as
follows:
21
a.
The
department
shall,
upon
application
and
payment
22
of
the
required
fee,
issue
to
an
applicant
a
nonoperator’s
23
identification
card.
To
be
valid
the
card
shall
bear
a
24
distinguishing
number
other
than
a
social
security
number
25
assigned
to
the
cardholder,
the
full
name,
date
of
birth,
26
sex,
residence
address,
a
physical
description
and
a
color
27
photograph
of
the
cardholder,
the
usual
signature
of
the
28
cardholder,
and
such
other
information
as
the
department
may
29
require
by
rule.
The
card
shall
also
contain
the
cardholder’s
30
race
and
ethnicity,
and
whether
English
is
the
cardholder’s
31
primary
language,
encrypted
on
the
back
of
the
card.
An
32
applicant
for
a
nonoperator’s
identification
card
shall
33
apply
for
the
card
in
the
manner
provided
in
section
321.182,
34
subsections
1
through
3
.
The
card
shall
be
issued
to
the
35
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applicant
at
the
time
of
application
pursuant
to
procedures
1
established
by
rule.
An
applicant
for
a
nonoperator’s
2
identification
card
who
is
required
by
50
U.S.C.
app.
§451
3
et
seq.
to
register
with
the
United
States
selective
service
4
system
shall
be
registered
by
the
department
with
the
selective
5
service
system
as
provided
in
section
321.183
.
6
DIVISION
VIII
7
CRITICAL
INCIDENTS
8
Sec.
29.
NEW
SECTION
.
80J.1
Peace
officer-involved
9
shootings
and
peace
officer-involved
critical
incidents
——
10
investigations.
11
1.
As
used
in
this
section:
12
a.
“Division”
means
the
division
of
criminal
investigation
13
of
the
department
of
public
safety.
14
b.
“Peace
officer”
means
the
same
as
defined
in
section
15
97A.1.
16
c.
“Peace
officer-involved
critical
incident”
means
any
of
17
the
following
in
the
peace
officer’s
official
capacity
as
a
18
peace
officer:
19
(1)
The
use
of
a
dangerous
weapon
by
a
peace
officer
against
20
any
person
that
causes
serious
bodily
injury
or
fatal
injury
21
to
any
person.
22
(2)
The
use
of
a
motor
vehicle
by
a
peace
officer
that
23
causes
a
physical
injury
to
any
person,
including
a
fatal
24
injury.
25
(3)
The
death
of
a
person
who
is
in
law
enforcement
custody,
26
not
including
a
death
that
is
the
result
of
disease,
natural
27
causes,
or
conditions
that
had
been
medically
diagnosed
prior
28
to
the
person’s
death.
29
d.
“Peace
officer-involved
shooting”
means
the
discharge
30
of
a
firearm
by
a
peace
officer
that
results
in
a
physical
31
injury,
serious
bodily
injury,
or
death
of
a
person,
including
32
an
accidental
discharge
of
a
firearm.
33
e.
“Serious
bodily
injury”
means
bodily
injury
which
34
involves
a
substantial
risk
of
death,
unconsciousness,
extreme
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physical
pain,
protracted
and
obvious
disfigurement,
or
1
protracted
loss
or
impairment
of
the
function
of
a
bodily
2
member,
organ,
or
mental
faculty.
3
2.
A
peace
officer
involved
in
a
peace
officer-involved
4
shooting
or
a
peace
officer-involved
critical
incident
5
shall
have
the
right
to
have
legal
counsel
present,
at
the
6
peace
officer’s
expense,
during
any
investigation,
including
7
an
interview,
interrogation,
meetings,
or
any
criminal
8
administrative
proceedings
rising
out
of
the
incident.
The
9
peace
officer
shall
be
allowed
a
reasonable
opportunity
10
to
obtain
legal
counsel
in
advance
of
any
interview,
11
interrogation,
or
proceeding.
12
3.
The
peace
officer
involved
in
the
incident
shall
be
13
issued,
upon
request,
at
no
charge,
a
certified
copy
of
any
14
video
or
audio
recordings
related
to
the
incident
to
use
in
the
15
peace
officer’s
defense,
including
body
camera
video,
radio
16
traffic
recordings,
and
any
statements
by
the
peace
officer.
17
The
records
shall
be
provided
at
least
forty-eight
hours
prior
18
to
an
interview,
interrogation,
or
grand
jury
proceeding.
The
19
peace
officer
or
legal
counsel
for
the
peace
officer
shall
20
not
release
any
confidential
video
or
audio
recordings
to
21
the
public
without
the
written
consent
of
the
lawful
records
22
custodian
or
a
court
order
authorizing
the
release.
23
4.
The
name
of
the
peace
officer
shall
be
kept
confidential
24
until
the
peace
officer
has
been
interviewed
or
interrogated
25
as
part
of
the
criminal
investigation,
or
until
the
peace
26
officer
declines
a
voluntary
interview.
Personal
information,
27
including
a
peace
officer’s
home
address,
personal
contact
28
information,
and
date
of
birth
shall
be
kept
confidential.
29
5.
The
law
enforcement
agency
employing
a
peace
officer
30
involved
in
a
peace
officer-involved
shooting
or
a
peace
31
officer-involved
critical
incident
shall
promptly
offer
32
confidential
peer
support
and
confidential
counseling
to
the
33
peace
officer
at
no
charge
to
the
peace
officer.
34
DIVISION
IX
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JUSTICE
AND
COMMUNITY
POLICING
ADVISORY
BOARD
1
Sec.
30.
Section
216A.3,
subsection
2,
paragraph
a,
Code
2
2021,
is
amended
to
read
as
follows:
3
a.
The
voting
members
shall
consist
of
nine
voting
members
4
selected
by
each
of
the
permanent
commissions
within
the
5
department,
and
two
voting
members,
appointed
by
the
governor.
6
For
purposes
of
this
paragraph
“a”
,
“permanent
commissions”
7
means
the
commission
of
Latino
affairs,
commission
on
the
8
status
of
women,
commission
of
persons
with
disabilities,
9
commission
on
community
action
agencies,
commission
of
deaf
10
services,
justice
and
community
policing
advisory
board,
11
commission
on
the
status
of
African
Americans,
commission
of
12
Asian
and
Pacific
Islander
affairs,
and
commission
of
Native
13
American
affairs.
The
term
of
office
for
voting
members
is
14
four
years.
15
Sec.
31.
Section
216A.131,
subsection
2,
Code
2021,
is
16
amended
to
read
as
follows:
17
2.
“Board”
means
the
justice
and
community
policing
advisory
18
board.
19
Sec.
32.
Section
216A.132,
subsection
1,
Code
2021,
is
20
amended
to
read
as
follows:
21
1.
A
justice
and
community
policing
advisory
board
is
22
established
consisting
of
twenty-eight
thirty-five
members
who
23
shall
all
reside
in
the
state.
24
a.
The
governor
shall
appoint
nine
sixteen
voting
members
25
each
for
a
four-year
term
beginning
and
ending
as
provided
in
26
section
69.19
and
subject
to
confirmation
by
the
senate
as
27
follows:
28
(1)
Three
persons,
each
of
whom
is
a
county
supervisor,
29
county
sheriff,
mayor,
nonsupervisory
police
officer,
or
a
30
chief
of
police
of
a
department
with
fewer
than
eleven
police
31
officers.
32
(2)
Two
persons
who
are
knowledgeable
about
Iowa’s
juvenile
33
justice
system.
34
(3)
One
person
representing
the
general
public,
who
is
35
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not
employed
in
any
law
enforcement,
judicial,
or
corrections
1
capacity.
2
(4)
One
person
who
is
either
a
crime
victim,
or
who
3
represents
a
crime
victim
organization.
4
(5)
One
person
who
represents
a
recognized
civil
rights
5
organization
that
advocates
for
minorities.
6
(6)
One
person
who
was
formerly
under
juvenile
court
7
or
correctional
supervision,
or
a
representative
of
an
8
organization
that
advocates
for
individuals
who
have
been
under
9
juvenile
court
or
correctional
supervision.
10
(7)
One
person
who
is
a
peace
officer
who
is
a
member
of
the
11
Iowa
peace
officers
association.
12
(8)
One
person
who
is
a
peace
officer
who
is
a
member
of
the
13
fraternal
order
of
police.
14
(9)
One
person
who
is
a
peace
officer
who
is
a
member
of
the
15
Iowa
state
police
association.
16
(10)
One
person
who
represents
the
Iowa-Nebraska
national
17
association
for
the
advancement
of
colored
people.
18
(11)
One
person
who
represents
the
Iowa
coalition
for
19
collective
change.
20
(12)
Two
persons
representing
the
general
public
who
are
21
not
employed
in
any
law
enforcement,
judicial,
or
corrections
22
capacity,
including
one
person
who
is
older
than
fifteen
years
23
of
age
but
less
than
twenty-five
years
of
age.
24
b.
Additional
voting
members
of
the
board,
each
serving
a
25
four-year
term,
shall
include
one
representative
from
each
of
26
the
following:
27
(1)
The
Iowa
coalition
against
sexual
assault.
28
(2)
The
American
civil
liberties
union
of
Iowa.
29
(3)
The
Iowa
county
attorneys
association.
30
(4)
The
department
of
human
services.
31
(5)
The
department
of
corrections.
32
(6)
A
judicial
district
department
of
correctional
33
services.
34
(7)
The
department
of
public
safety.
35
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(8)
The
office
on
the
status
of
African
Americans.
1
(9)
The
department
of
public
health.
2
(10)
The
board
of
parole.
3
(11)
The
department
of
justice.
4
(12)
The
state
public
defender.
5
(13)
The
governor’s
office
of
drug
control
policy.
6
(14)
The
commission
on
the
status
of
African
Americans.
7
(15)
The
commission
of
Latino
affairs.
8
(16)
The
commission
of
Asian
and
Pacific
Islander
affairs.
9
(17)
The
commission
of
Native
American
affairs.
10
(18)
The
Iowa
law
enforcement
academy.
11
(19)
The
office
of
the
attorney
general.
12
c.
The
chief
justice
of
the
supreme
court
shall
designate
13
one
member
who
is
a
district
judge
and
one
member
who
is
either
14
a
district
associate
judge
or
associate
juvenile
judge.
The
15
members
appointed
pursuant
to
this
paragraph
shall
serve
as
ex
16
officio,
nonvoting
members
for
four-year
terms
beginning
and
17
ending
as
provided
in
section
69.19
,
unless
the
member
ceases
18
to
serve
as
a
judge.
19
d.
The
chairperson
and
ranking
member
of
the
senate
20
committee
on
judiciary
shall
be
ex
officio,
nonvoting
members.
21
In
alternating
two-year
terms,
beginning
and
ending
as
provided
22
in
section
69.16B
,
the
chairperson
and
ranking
member
of
the
23
house
committee
on
judiciary
or
of
the
house
committee
on
24
public
safety
shall
be
ex
officio,
nonvoting
members,
with
the
25
chairperson
and
ranking
member
of
the
house
committee
on
public
26
safety
serving
during
the
term
beginning
in
January
2020.
27
Sec.
33.
Section
216A.133,
subsection
3,
paragraph
o,
Code
28
2021,
is
amended
by
adding
the
following
new
subparagraph:
29
NEW
SUBPARAGRAPH
.
(9)
Potential
disparity
in
law
30
enforcement
activities
and
the
delivery
of
law
enforcement
31
services.
32
Sec.
34.
Section
216A.133,
subsection
3,
Code
2021,
is
33
amended
by
adding
the
following
new
paragraphs:
34
NEW
PARAGRAPH
.
s.
Studying
and
making
recommendations
for
35
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27
eliminating
disparity
in
law
enforcement
activities
and
the
1
delivery
of
law
enforcement
services.
2
NEW
PARAGRAPH
.
t.
Recommending
to
the
department
the
3
adoption
of
rules
pursuant
to
chapter
17A
as
it
deems
necessary
4
for
the
collection,
compilation,
and
reporting
of
stop
data
5
pursuant
to
section
80I.4.
6
Sec.
35.
Section
216A.135,
subsection
2,
Code
2021,
is
7
amended
by
adding
the
following
new
paragraph:
8
NEW
PARAGRAPH
.
g.
An
assessment
and
analysis
of
the
9
collection,
compilation,
and
reporting
of
stop
data
compiled
by
10
law
enforcement
agencies,
including
an
analysis
of
disparate
11
treatment
based
on
personal
demographics
across
geographic
12
areas
of
the
state,
the
past
and
current
status
of
racial
13
profiling
across
the
state,
and
the
impact
on
law
enforcement
14
stop,
search,
and
seizure
tactics.
>
15
3.
Title
page,
by
striking
line
1
and
inserting
<
An
Act
16
relating
to
public
records
including
confidentiality,
access,
17
data
collection,
the
enforcement
of
public
records
violations;
18
uniform
commercial
code
filings;
certain
employment
matters
19
including
benefits,
workers’
compensation,
civil
service
20
commission
examinations,
and
public
employment
relations;
21
and
law
enforcement
including
critical
incidents,
and
data
22
collection
and
reporting
and
racial
profiling;
and
the
23
establishment
of
the
justice
and
community
policing
advisory
24
board;
and
providing
penalties.
>
25
______________________________
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of
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#3.