House File 698 H-1397 Amend House File 698 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- HF 698.2021 (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 -2- HF 698.2021 (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 -3- HF 698.2021 (2) 89 as/rh 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 -4- HF 698.2021 (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 -5- HF 698.2021 (2) 89 as/rh 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 -6- HF 698.2021 (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 35 -7- HF 698.2021 (2) 89 as/rh 7/ 27

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 -8- HF 698.2021 (2) 89 as/rh 8/ 27

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 35 -9- HF 698.2021 (2) 89 as/rh 9/ 27

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., 35 -10- HF 698.2021 (2) 89 as/rh 10/ 27

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 -11- HF 698.2021 (2) 89 as/rh 11/ 27

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 -12- HF 698.2021 (2) 89 as/rh 12/ 27

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 -13- HF 698.2021 (2) 89 as/rh 13/ 27

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 -14- HF 698.2021 (2) 89 as/rh 14/ 27

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 -15- HF 698.2021 (2) 89 as/rh 15/ 27

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 -16- HF 698.2021 (2) 89 as/rh 16/ 27

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 -17- HF 698.2021 (2) 89 as/rh 17/ 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 -18- HF 698.2021 (2) 89 as/rh 18/ 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 -19- HF 698.2021 (2) 89 as/rh 19/ 27